Mantis Shrimp

Terms and Conditions

Please note the following Terms and Conditions of Mantis Shrimp GmbH that apply for all our services together with our Privacy Policy, unless we have an individual agreement with you.

No terms and conditions prescribed by you apply.

When using one of our games on a specific platform, you accept these Terms and Conditions. Through this, we grant you the right to use our games and services on the respective platform personally, non-commercially, for a limited period in accordance with the respective terms stipulated, and only if you are a citizen of the country in which we provide the games on the respective platforms (“License Agreement”). Your account, and thus the license, is non-transferrable. We retain all proprietary and other rights in our games and related services. When registering for our services, you need to provide your true and accurate data and keep them updated. When accepting these Terms and Conditions you represent that you are over the age of 18 and are legally capable to become a user or that your legal guardian has agreed.

This License Agreement is not limited in term, but you and we can terminate it on a 14-day notice, or extraordinarily for important cause. You can also simply delete the game or your platform account. Upon termination of the License Agreement, we delete your account, and you will not be able to access our services. If we delete data, you may not provide these again.

We provide our services in their current status and only for certain platforms and operating systems, we are not obliged to provide certain functions, usability and we can modify content or functions at any time, as far as acceptable for the user. If we provide updates on mobile devices, these are usually activated by you as the user. You need to make sure that the update is configured for your device. The terms and conditions of the platforms, related to your mobile device and operating system apply simultaneously.

Certain of our games need an internet connection. Therefore, if you play our games online, data is interchanged, and your internet or telecommunication provider might charge you for this data exchange. Please also check your internet or telecommunication provider’s terms and conditions regarding the use of games.

We can’t guarantee that our games are always available. Downtimes may occur, especially because of technical problems or maintenance work. No warranty can be given that the software used by us is entirely devoid of errors. Especially playing a beta version of our games is at your own risk. Further, please note that we might stop these games at any time without prior notice.

In case some of our services should not be free of charge, we will inform you beforehand. You may only use items or services in accordance with the terms and the game’s setup. Purchased items have no monetary value, you may not trade or exchange those for financial advantages. Please note that changes in our games may lead to changes in how the items can be used, or you cannot use the items anymore if the License Agreement is terminated. Further, we do not grant you any rights when providing items free of charge. We can reclaim or delete these.

Information concerning the exercise of the right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us (Mantis Shrimp GmbH, Winsstr. 13, 10405 Berlin, Germany, of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

Model Withdrawal Form (Complete and return this form only if you wish to withdraw from the contract.)
To: Mantis Shrimp GmbH, Winsstr. 13, 10405 Berlin, Germany,
I/We hereby give notice that I/We withdraw from my/our contract of sale of the following goods/for the provision of the following service:__________________________________________________________________
Ordered on _______________________________ / received on _______________________________
In the game: _______________________________ (name of the game)
Name of consumer(s): _______________________________ Email of consumer(s): _______________________________
Address of consumer(s): _______________________________
Signature of consumer(s) (only if this form is notified on paper):_______________________________
Date: _______________

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

Your right to give notice of revocation expires prematurely in case of contracts for the supply of digital content which is not supplied on a tangible medium if the performance has begun with your prior express consent and your acknowledgement that your hereby lose your right of withdrawal.

When you use our Services you have to behave yourself. This means:

You have to follow our current instructions and information. If you come to know any breach of duty by another user or of any violation of our Terms and Conditions, you need to inform us immediately. Please note that we can take appropriate measures against any user not following our Terms and Conditions, instructions etc.

When you post something in our services, you grant us the territorially and temporally unlimited right of usage necessary to provide our services, namely to show the content to other users, to make publicly accessible on social networks, platforms or on our websites. If you want to withdraw this grant, just let us know. Especially when posting content, please remember that you are solely liable for your account and your actions. We cannot and are under no obligation to check correctness or legality of your contributions or content. This is your responsibility. You will indemnify and hold us harmless from all and any claims by third parties due to any breach of duty or infringement of rights for which you are responsible. You must also refund reasonable costs for defending and asserting rights.

If our services are not free of charge, we indicate the payment in the game. The prices include statutory turnover tax. We accept the indicated payment options. You need to reimburse all costs and expenditures incurred on us for collecting payments. You have to provide the requested payment details correctly. We may check them, or have this done by third parties.

We shall only be liable for the content that we provide. We cannot be held responsible for content from third-parties for which we only offer access (such as links). We are neither obligated nor in the position to control and/or monitor the legality of contents uploaded or published by third parties or to investigate regarding illegal actions. If we get informed about violations of rights, we will remove the contents after in-depth assessment. We reserve the right to disable and/or remove contents made accessible by third parties permanently.

The following provisions on the limitation of our liability apply to all compensation claims and instances of liability for whatsoever legal cause, as far as legally possible (not affected e.g. damages resulting from mortal injury, physical harm or health damage, from intent or gross negligence on our part or our statutory representatives or vicarious agents; product liability law). These cases are subject to statutory regulations.

If our services are not free of charge, we shall only be held accountable for negligence in case of breach of cardinal duty. In such cases, our liability shall be limited to compensation of the typical damage that we could foresee at the time of contract closure. For our services not free of charge, our liability for negligence towards you is excluded in all other respects.

You may not assign claims against us to third parties. However, we may assign our rights against you to third parties, especially for collection purposes.

We reserve the right to revise these Terms and Conditions at any time. We publish any amendments to these Terms and Conditions on our website or we inform you otherwise by providing special notice. If you do not expressly object to the new Terms and Conditions via email within a fortnight, then we will consider the revised Terms and Conditions as agreed upon. If you reject the revised Terms and Conditions, we may terminate this agreement.

German law applies, excluding CISG; German courts have exclusive jurisdiction.

End of Terms and Conditions