You agree to check www.crytek.com/terms periodically for new information and terms that govern your use of CRYTEK Services. CRYTEK may modify the Terms of Service at any time. CRYTEK will inform you about revisions to the Terms of Service by email and/or by a notice on our home page and/or during log in. Revisions to terms affecting existing CRYTEK Services shall be effective thirty (30) days after posting at www.crytek.com/terms. Terms for new CRYTEK Services are effective immediately upon posting at www.crytek.com/terms.
Bookmark www.crytek.com/terms and visit this site regularly for updates to CRYTEK’s Terms of Service.
1. CRYTEK/GFACE Account
A CRYTEK/GFACE Account ("Account") may be required to access and use some CRYTEK Services. If you have questions about Account registration, please contact the Crytek's customer service. To create a CRYTEK Account, you must have an email address and provide truthful and accurate information. You must be eligible to use the CRYTEK Service for which you are registering regarding age etc. Some CRYTEK Services may require creation of a "user name" or a "persona". User names and personas are tied to your Account. You may not use a user name or persona that is used by someone else, is vulgar or offensive, contains brand names or otherwise violates the Terms of Service. You are solely responsible for all activity on your Account. CRYTEK reserves the right to block or remove any “user name” or “persona” when required due to business reasons or if the use thereof violates any CRYTEK Terms, laws or regulations, including, without limitation, personality rights, or trademarks.
Your Account may be terminated if someone else uses it to engage in activity that violates the Terms of Service or is otherwise improper or illegal. You should not reveal your Account password or other log-in data to others. CRYTEK will not ask you to reveal your password or initiate contact with you asking for answers to your password security questions.
CRYTEK prohibits the use of more than one Account on www.gface.com by one and the same User (“prohibition of multi-accounts”) and the use of multi-accounts in certain Games can lead to an immediate ban of the User. Furthermore, it is strictly prohibited to sell or assign your Account to someone else.
The CRYTEK Services are intended solely for the purpose of entertainment. The use for business or commercial purposes is prohibited. Only individuals are permitted to register and admitted as users.
The use of GFace and Crytek Services through an anonymization service that is hiding the true IP address of the User is prohibited.
2. Privacy and Data Collection
3. Intellectual Property Rights
Between you and CRYTEK all content on CRYTEK Services is owned by CRYTEK (except for UGC, see below) and is protected by German and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any content from a CRYTEK Service unless you are expressly authorized to do so. You agree not to remove, obscure or alter copyright, patent, trademark or other proprietary rights notices affixed to any Crytek content. You may not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from or otherwise make unauthorized use of CRYTEK content. CRYTEK reserves all rights in CRYTEK owned and licensed content that are not expressly granted to you in these Terms of Service. Making unauthorized copies of content found on CRYTEK Services may result in the termination of your CRYTEK Account(s), prohibition on use of CRYTEK Services and further legal action. CRYTEK may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold harmless CRYTEK from any unauthorized or illegal conduct by you, or through the use of your Account, on CRYTEK Services.
4. Use of Crytek Software
CRYTEK Services may require or allow you to download CRYTEK software (the "CRYTEK Software"). In such cases, CRYTEK grants to you a non-exclusive, revocable, limited license to use CRYTEK Software solely for the purpose stated by CRYTEK at the time the CRYTEK Software is made available to you. If an end user license agreement is provided with the CRYTEK Software, your use of the CRYTEK Software is subject to the end user license agreement in addition to these Terms of Service. You may not sub-license, transfer, charge others to use or access CRYTEK Software or commercially exploit the Crytek Software in any other way. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from CRYTEK Software. You may not modify CRYTEK Software or use it in any way not expressly authorized in writing by CRYTEK. You understand that CRYTEK’s introduction of various technologies may not be consistent across all platforms and that the performance of CRYTEK software and related CRYTEK Services may vary depending on your computer and other equipment.
From time to time, CRYTEK may provide you with updates or modifications to CRYTEK Software. You understand that certain updates and modifications may be required in order to continue use the CRYTEK Software and CRYTEK Services.
5. Paid Services
The use of the CRYTEK Services, especially the creation of an Account, is free of charge unless otherwise stated. The basic version of the Crytek Services can be used indefinitely and without restrictions in function unless otherwise stated, without prejudice to CRYTEK’s right to withdraw the Crytek Services.
You will be informed separately in each case about the object of the purchase, the function and the features of such object, the duration of availability of such object (if any), the purchase price and the available payment method. The respective payments are due upon the execution of the purchase agreement. In case of default the statutory interest accrues. Crytek is also entitled to block the user account, to recover damages and to terminate services.
You will have the option of receiving a virtual currency (“Virtual Currency”) in return for a payment. The Virtual Currency entitles the user to receive additional features, such as virtual goods, weapons, currencies and other items on GFace which are not available in the basic version.
Some CRYTEK Services may require payment of a subscription fee. You must have an Account and pay the subscription or other fees to participate in these activities. For information about subscription and other fees for particular services check the GFace website. FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. CRYTEK reserves the right to change our fees or billing methods at any time. If you pay a periodic (e.g. monthly) subscription for a CRYTEK Service, CRYTEK will provide you with notice of any changes to the fees or billing methods at least thirty (30) days in advance by posting such changes on the CRYTEK Service. You are responsible for reviewing the CRYTEK Service to obtain timely notice of such changes. Your continued use of the CRYTEK Service thirty (30) days or more after posting of the changes means that you accept such changes. If any change is unacceptable to you, you may cancel your subscription at any time, but CRYTEK will not refund any fees that may have accrued to your Account before cancellation of your subscription, and we will not prorate fees for any subscription. If your use of CRYTEK Services is subject to use or sales tax, then CRYTEK may also charge you for any such taxes, in addition to the subscription or other fees. For further information please contact us by visiting Crytek's customer service.
A. Payment Options. You may pay fees using the methods available for the particular CRYTEK Service and you agree to the terms and conditions applicable to each payment method you choose. Payment methods may vary by CRYTEK Service. When you provide credit card or other payment information to CRYTEK and/or its payment providers, you represent to CRYTEK and/or its payment providers that you are the authorized user of the credit card or other payment method. By agreeing to the CRYTEK Terms of Service you have agreed to permit CRYTEK and/or its payment providers to automatically renew your subscription to a CRYTEK Service by charging a valid credit card number which you have provided to CRYTEK. Your subscription will be automatically renewed thirty (30) days prior to the expiration of the term and each anniversary thereafter for a fee no greater than CRYTEK's then-current price, excluding any promotional and discount pricing, unless you cancel your subscription. You must provide current, complete, and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify CRYTEK and/or its payment providers if your credit card is canceled (for example, for loss or theft). Changes to such information can be made by contacting Crytek's or the payment provider's customer service (as applicable). If you fail to provide CRYTEK any of the foregoing information, you agree that CRYTEK may continue charging you for any subscription automatically renewed unless you cancel your subscription at least thirty (30) days prior to the expiration of the subscription. CRYTEK reserves the right to utilize third party credit card updating services to obtain current expiration dates on credit cards provided by you to CRYTEK. Customers who use a payment method other than credit card may incur an additional payment processing fee, and may not be able to automatically renew subscriptions. For further information please contact us by visiting Crytek's customer service. As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends. This means that, unless your account or payment information is obtained unlawfully or fraudulently by someone other than those authorized by you to use your Account, you will be responsible for all usage and purchases on your Account.
B. Trial Subscriptions. For some CRYTEK Services, CRYTEK may offer a free trial subscription. If you accept a free trial subscription, CRYTEK will begin to bill your Account for that CRYTEK Service when the free trial subscription expires, unless you cancel your subscription before that time. You are always responsible for any internet service provider, telephone, wireless and other connection fees that you may incur when using CRYTEK Services, even when we offer a free trial subscription. Trial subscriptions are not transferable.
C. Fees Charged By Third-Party Sites and Vendors. We may provide links to other web sites. Some of these web sites may charge separate fees which are not included in any subscription or other fees that you may pay to CRYTEK. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility.
6. User Generated Content ("UGC")
User generated content ("UGC") may be provided by you or third parties, including other users of CRYTEK Services. CRYTEK does not pre-screen all UGC and does not endorse, approve or prescreen any UGC that you and other users may contribute to CRYTEK Services. You bear the entire risk of the completeness, accuracy or usefulness of UGC found on CRYTEK Services.
CRYTEK reserves the right to remove UGC that is objectionable to us for any reason. The decision to remove UGC is in CRYTEK's sole and final discretion. To the maximum extent permitted by applicable law, CRYTEK does not assume any responsibility or liability for UGC that is generated by third parties or for any failure to or delay in removing such UGC. You are solely responsible for your UGC and may be held liable for UGC that you post.
7. Contributing UGC to CRYTEK Services
CRYTEK respects the intellectual property rights of others. You must have the legal right to upload UGC to CRYTEK Services. You may not upload or post any UGC on CRYTEK Services that is protected by copyright, trademark or other intellectual property rights unless (i) you are the owner of all of those rights; or (ii) you have the prior written consent of the owner(s) of those rights to make such use of that UGC. CRYTEK may, without prior notice to you and in its sole judgment, remove UGC that may infringe the intellectual property rights of a third party. If you are a infringer of CRYTEK's or a third party's intellectual property rights, CRYTEK may terminate your Account without notice to you. If your Account(s) are terminated, you are not entitled to a refund for any fees you have paid, and you will lose access to entitlements and assets associated with your Account (such as game points, digital assets and tokens).
8. UGC License Grant to CRYTEK and Others
In exchange for CRYTEK enabling your contribution of UGC you expressly grant to CRYTEK a non-exclusive, perpetual, worldwide, complete and irrevocable right to quote, re-post, use, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate and publicly display and perform the UGC, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant CRYTEK all licenses, consents and clearances to enable CRYTEK to use such UGC for such purposes. You waive, and agree not to assert any moral or similar rights you may have in such UGC.
If the CRYTEK Service on which you contribute UGC permits other users to access and use that contributed UGC as part of the CRYTEK Service, than you also grant all other users of the relevant CRYTEK Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your contributed UGC on or through the relevant CRYTEK Service without further notice, attribution or compensation to you.
9. Termination of CRYTEK Services and Accounts by Crytek
CRYTEK may terminate any CRYTEK Service at any time by giving you notice of such termination within the time period specified when you joined the particular CRYTEK Service, or if no time period for notice of termination was specified, then within thirty (30) days of the date such notice is posted on the applicable CRYTEK Service. CRYTEK may also terminate your Account(s) (and access to all related entitlements) for violation of these Terms of Service, illegal or improper use of your Account, or illegal or improper use of CRYTEK Services, products, or CRYTEK's Intellectual Property. You may lose your user names and personas as a result of Account termination. If you have more than one Account, CRYTEK may terminate all of your Accounts and all related entitlements. CRYTEK may issue you a warning, or CRYTEK may immediately terminate any and all Accounts that you have established. You acknowledge that CRYTEK is not required to provide you notice before terminating your Account(s). If CRYTEK terminates your Account, you may not participate in a CRYTEK Service again without CRYTEK's express permission. To participate in a CRYTEK Service, please contact Crytek's customer service. CRYTEK reserves the right to refuse to keep Accounts for, and provide CRYTEK Services to, any individual. You may not allow individuals whose Accounts have been terminated by CRYTEK to use your Account.
If your Account, or a particular subscription for a CRYTEK Service associated with your Account, is terminated, no refund will be granted; no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account or entitlements associated with your Account or the particular CRYTEK Service (such as points, tokens or other digital items).
10. Termination of CRYTEK Services and Accounts by User
You have the right to terminate your Account or a particular subscription to a CRYTEK Service at any time. You have the possibility to terminate your Account via the GFace website by following the respective instructions. If you do not agree to the terms in these Terms of Service, your sole remedy is to not use CRYTEK Services and to terminate your Account or applicable subscriptions. You understand and agree that the termination of your Account or a particular subscription is your sole right and remedy with respect to any dispute with CRYTEK, including any dispute related to, or arising out of: (1) any term of these Terms of Service or CRYTEK's enforcement or application of these Terms of Service; (2) the Crytek content available through CRYTEK Services or any change in content provided through CRYTEK Services; (3) your ability to access and/or use CRYTEK Services; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods for CRYTEK Services. CRYTEK reserves the right to collect fees, surcharges or costs incurred before you terminate your Account or a subscription to a CRYTEK Service. You are also responsible for any amounts owed to third-party vendors or content providers before your termination. Any delinquent or unpaid fees and other unresolved issues with CRYTEK Services must be settled before you establish a new CRYTEK Account. After you terminated your Account, CRYTEK removes all your content from display. In case of problems please contact Crytek's customer service.
11. Rules of Conduct.
You may violate these Terms of Service if you:
- Post, transmit, promote, or distribute UCG that is illegal.
- Harass, threaten, embarrass, or do anything else to another player that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc.
- Transmit or facilitate distribution of UCG that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable. Hate speech is not tolerated.
- Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, "spamming" or flooding [posting repetitive text].
- Impersonate another person (including celebrities); indicate falsely that you are a CRYTEK employee or a representative of CRYTEK, or attempt to mislead users by indicating that you represent CRYTEK or any of CRYTEK's partners or affiliates.
- Attempt to get a password, account information, or other private information from anyone else on CRYTEK Services.
- Upload any software or UCG that you do not own or have permission to freely distribute.
- Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.
- Running Crytek Services with other programs besides the Crytek Software that has been provided, including without limitation so-called bots and other tools meant to replace or supplement the Crytek's interfaces.
- Use software that allows "data mining" or otherwise intercepts or collects information in connection with the Crytek Services.
- Use virtual objects or Virtual Currency outside of the Crytek Services, buy for "real" money or sell or swap them.
- Upload files that contain a virus or corrupted data.
- Post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.
- Improperly use customer service or complaint buttons or make false reports to CRYTEK staff.
- Use or distribute "auto" software programs, "macro" software programs or other "cheat utility" software program or applications.
- Modify any part of the CRYTEK service that CRYTEK does not specifically authorize you to modify.
- Post or communicate any player's real-world personal information using a CRYTEK Service.
- Attempt to interfere with, hack into or decipher any transmissions to or from the servers for a CRYTEK Service.
- Use and communicate exploits to gain unfair advantage in a game.
- Attempt to use CRYTEK Software on or through any service that is not controlled or authorized by CRYTEK.
- Interfere with the ability of others to enjoy playing a CRYTEK Service or take actions that interfere with or materially increase the cost to provide a CRYTEK Service for the enjoyment of all its users.
Specific CRYTEK Services may also post additional rules that apply to your conduct on those services.
You must also obey all federal, state, and local laws, regulations and rules that apply to your activities when you use CRYTEK Services. CRYTEK reserves the right to terminate your Account and to prevent your use of any and all CRYTEK Services if your Account is used to engage in illegal activity or to violate these Terms of Service.
If you encounter another user who is violating any of the Rules of Conduct, please report this activity to CRYTEK using the "Help" or "Report Abuse" functions in the relevant CRYTEK Service.
12. Updates to CRYTEK Services
IMPORTANT: CRYTEK MAY FIND IT NECESSARY TO MAKE UPDATES OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF CRYTEK SERVICES. THESE UPDATES OR "RESETS" MAY CAUSE YOU SETBACKS WITHIN THE RELEVANT GAME WORLD AND MAY AFFECT CHARACTERS, GAMES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL. CRYTEK RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.
13. Limitation of CRYTEK's Warranty
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF CRYTEK SERVICES, CRYTEK SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. CRYTEK SERVICES, CRYTEK SOFTWARE, CRYTEK'S PRODUCTS AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. CRYTEK PROVIDES CRYTEK SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE CRYTEK SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT CRYTEK WILL HAVE ADEQUATE CAPACITY FOR CRYTEK SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
14. Limitation of CRYTEK's Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH CRYTEK OR ITS LICENSORS IS TO STOP USING CRYTEK SERVICES, AND TO CANCEL YOUR CRYTEK ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT CRYTEK, ITS LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON CRYTEK SERVICES OR USE OF CRYTEK SOFTWARE. IN NO CASE SHALL CRYTEK OR ITS LICENSORS, AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, " CRYTEK AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO CRYTEK FOR CRYTEK SERVICES. IN NO CASE SHALL CRYTEK OR CRYTEK AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF CRYTEK SERVICES, CRYTEK SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF CRYTEK SERVICES OR ACCOUNTS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, CRYTEK'S AND CRYTEK AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. CRYTEK DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH CRYTEK AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. Notwithstanding the foregoing, nothing contained in these Terms of Service limits CRYTEK's liability to you for fraudulent misrepresentations, death or personal injury caused by CRYTEK's negligence, or any other liability to the extent such liability cannot be excluded or limited as a matter of applicable law.
15. Indemnification by User
Upon CRYTEK's request, you agree to defend, indemnify and hold harmless CRYTEK and its affiliates, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms of Service for which you are responsible or in connection with your distribution of any Content on or through CRYTEK Services. Without limiting the generality of the foregoing, you agree to indemnify and hold CRYTEK harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account. You agree that you will be personally responsible for your use of CRYTEK Services and for all of your communication and activity on CRYTEK Services, including any Content you contribute, and that you will indemnify and hold harmless CRYTEK, its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on CRYTEK Services, including any Content that you contribute.
CRYTEK reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to CRYTEK in that matter. This Section shall survive termination of these Terms of Service.
16. Links to Third-Party Sites
CRYTEK Services may include hyperlinks to web sites operated by third parties including advertisers and other content providers. Those sites may collect data or solicit personal information from you. CRYTEK does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.
17. General Terms
c. Transfer of Rights. Crytek shall be entitled to transfer any rights and obligations under these Terms of Service or the whole agreement to third parties. The User shall not transfer any rights and obligations under these Terms of Service without Crytek's prior written approval.
d. Severability. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of CRYTEK, and the remaining portions shall remain in full force and effect.
e. Waiver. The failure of CRYTEK to exercise or enforce any right or provision of these Terms of Service will not constitute waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in a writing signed by CRYTEK.
f. Governing Law. (i) The laws of Germany, excluding its conflicts-of-law rules, govern these Terms of Service and your Account; and (ii) you expressly agree that exclusive jurisdiction for any claim or dispute with CRYTEK or relating in any way to your Account(s) or your use of CRYTEK Services resides in the Courts of Frankfurt am Main, Germany and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Frankfurt am Main, Germany in connection with any such dispute including any claim involving CRYTEK or its affiliates, employees, contractors, officers, directors, vendors and content providers. In any dispute arising under these Terms of Service, the prevailing party will be entitled to attorneys’ fees and expenses.
18. Additional Terms and Conditions for Specific CRYTEK Services
Certain CRYTEK Services may require you to read and agree to terms and conditions that are specific to these CRYTEK Services. Your right to use that CRYTEK Service is subject to those specific terms and these Terms of Service. If there are any inconsistencies between the specific terms and these Terms of Services, the specific terms shall prevail.
19. Beta Tests
In its sole discretion, CRYTEK may contact you to review and evaluate one or more games, aspects of games, or online features prior to commercial release for the purpose of identifying program errors. You will be asked to provide to CRYTEK (and to CRYTEK only) certain feedback and suggestions regarding your experiences while reviewing and evaluating the game(s) or site feature(s). This process is known as a "Beta Test" and you will be a Tester You must sign and return to CRYTEK a Pre-Release Software Confidentiality Agreement ("Confidentiality Agreement") for each specific Beta Test BEFORE you will be allowed to be a tester ("Tester") and BEFORE any software will be provided or made accessible to you. Your participation as a Tester is subject to the Confidentiality Agreement and the following terms and conditions:
In connection with the Beta Test, CRYTEK may provide you, on a temporary basis, a pre-release copy of a game or access to a feature on the CRYTEK site. You understand and agree that the pre-release copy and all other materials provided to you are confidential or proprietary information of CRYTEK. “Confidential Information" shall mean any information designated as confidential, any information relating to CRYTEK’s products, plans, product designs, product costs, product prices, product names, personnel, research, development, know-how and/or source codes, including without limitation its underlying logic and concepts. You shall use Confidential Information solely to the limited extent necessary for the Beta Test. You shall prevent and not allow any Confidential Information to be disclosed, used, sold, assigned, leased, sub-licensed, commercially exploited or marketed in any way or manner. At the earlier of (a) the end of the Beta Test (b) the date that CRYTEK request you to return or destroy the Confidential Information you shall immediately discontinue the use of the Confidential Information and return the Confidential Information and all copies thereof in all material forms to CRYTEK under the power or control of the recipient to the other Party. Notwithstanding the completion of the Beta Test Confidential Information shall remain confidential in perpetuity. You agree as a condition of participating in a Beta Test to (i) not copy or reproduce the pre-release copy and confidential or proprietary information, (ii) safeguard the pre-release copy and confidential and proprietary information and prevent unauthorized access to, reproduction of, disclosure of and/or unauthorized use of, the pre-release copy and confidential and proprietary information, and (iii) fully comply with the terms and conditions of the Confidentiality Agreement.
You will carry out the testing personally and not provide access to pre-release materials to any other person. You agree that breach of the above obligations will cause irreparable harm to CRYTEK, and CRYTEK is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the beta games confidential will continue until CRYTEK publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games and the content that you are testing.
Upon request, you agree to immediately return to CRYTEK all copies of the pre-release copy and confidential or proprietary information CRYTEK provided to you. As a Tester, you are invited to play beta games for the sole purpose of evaluating the games and identifying errors. Nothing in these guidelines, or on this site, shall be construed as granting you any rights or privileges of any kind with respect to the beta games or content that you find here. The beta games are provided for testing on an "as is" and "as available" basis and we make no warranty to you of any kind, express or implied. When playing some beta games, you may accumulate treasure, experience points, equipment, or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular game completes a testing phase. In this case, all player history and data will be erased and each player will return to novice status. By selecting a "Play" button to start a beta game, you agree that: (i) playing beta games is at your own risk and you know that the games may include known or unknown bugs, (ii) any value or status indicators that you achieve through game play may be erased at any time, (iii) CRYTEK has no obligation to make these games available for play without charge for any period of time, nor to make them available at all, (iv) these games may be available only by subscription once the Beta Test process is complete or at any time in the future; (v) CRYTEK 's Terms of Service apply to your use of the games during the testing phase, and (vi) if it is a closed beta test, you will keep all information about the beta games confidential as stated above and not disclose such information to any other person. Beta Test accounts are non-transferable under any circumstances.
21. Crytek Services for the PlayStation® Computer Entertainment Systems
The PlayStation®Network Terms of Service continue to apply in their entirety and govern your conduct while accessing Crytek Services through the PlayStation®Network. Any conflict between the Crytek Terms of Service and the PSN Terms of Service and User Agreement shall be resolved in favor of the PSN Terms of Service and User Agreement.
22. Purchases via Apple App Store
Purchases made in the Apple App Store are subject to Apple’s Terms and Conditions which are available at the App Store or on Apple's website.
23. Users Subject to the Jurisdiction of the USA
GFACE AND THE CRYTEK SERVICES ARE NOT DIRECTED TO CHILDREN UNDER 13 YEARS OF AGE NOR DOES CRYTEK KNOWINGLY COLLECT INFORMATION FROM CHILDREN UNDER 13. IF YOU ARE UNDER 13, PLEASE DO NOT SUBMIT ANY PERSONALLY IDENTIFIABLE INFORMATION TO CRYTEK.
24. Users Subject to the Jurisdiction of the European Union and Turkey
You agree to German jurisdiction as set forth in section 17. However, where the laws of Germany provide a lower degree of consumer protection than the cogent laws of your country of residence the consumer protection laws of your country shall prevail.
25. Users Subject to the Jurisdiction of Germany
For Users subject to German law the following shall apply:
A. Right of Revocation
You can revoke these Terms of Service and your Account within fourteen (14) days without reason in text form (for example letter, fax, e-mail). The revocation deadline starts upon the receipt of this instruction in text form but not before a) entering into these Terms of Service; and b) the fulfillment of the information obligations under § 246 par. 2 in connection with § 1 German Civil Code as well as § 312e section 1 German Civil Code in accordance with § 246 par. 3 German Civil Code. To obey the revocation deadline timely posting of such revocation is sufficient. The revocation notice has to be addressed to: Crytek GmbH, Grüneburgweg 16-18, 60322 Frankfurt am Main.
In case of an effective revocation the benefits received by each party shall be returned and any uses (e. g. interest) shall be surrendered. In case that you cannot return services received in whole or in part or only in deteriorated condition you will be obliged to provide compensation, if applicable. Refund of payments is due within 30 days. This payment term commences for you upon execution of your revocation, for us upon its receipt.
Your right of revocation will prematurely expire if both parties have commenced performance and fulfilled obligations under these Terms and Conditions prior to executing your revocation right.
B. Instead of Sec. 14 "Limitation of Crytek's Liability" the following shall apply:
Limitation of Crytek's Liability
a. Crytek is liable for damages, regardless on which legal basis (be it contract, tort or otherwise), only if
a. such damages are cause by violation of essential obligations of these Terms of Service (Kardinalpflichten) for Crytek's negligence or intent (Verschulden) which endangers the purpose of the Agreement; or
b. such damages are caused by Crytek’s gross negligence or intent.
b. In case that Crytek is liable for the violation of an essential obligation of these Terms of Service (Kardinalpflicht) without acting with gross negligence or intent then the liability is limited to amount of payments received from the respective User.
c. If Crytek is liable for damages pursuant to Section (a) above for gross negligence or intent of Crytek staff other than the managing directors then the liability is also limited to the amount set forth in Section (b).
d. Crytek is not liable for indirect or consequential damages (Mangelfolgeschäden), loss of profits or frustrated costs if such damages are not a result of gross negligence or intent of Crytek's managing directors.
e. The exclusion or limitation of liability pursuant to this Sec. 23 also applies with respect to claims against Crytek’s staff or contractors.
f. The liability of Crytek with respect to death, bodily injury or health, a guarantee by Crytek (if any) or pursuant to the Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.
g. If the User is also liable for certain damages then Crytek shall bear an amount of such damages in accordance to its contributory negligence (Mitverschulden). With respect to the User’s responsibility for reduction of damages (Schadensminderungsobligenheit) the User is responsible for regular back-ups of its data and in case of an assumed bug shall take all further reasonable measures. In case of loss of data Crytek is thus liable only to the extent that such loss of data would have occurred in case of a due data back-up as well.