General Terms and Conditions
The MaxiPlayers platform is currently in BETA status
The MaxiPlayers platform is currently in BETA status. This means that the platform is still in the testing and development phase and is still under ongoing construction and not finalized. During this phase, errors in the platform functions and failures (i.e. unavailability of the platform or platform functions) may occur, which we as the operator will evaluate and deal with in the course of further development.
All users who register during the beta phase expressly agree to use the platform during the testing and development phase and expressly accept temporary failures and errors that cannot be planned for.
General Terms and Conditions
READ AND MAKE SURE YOU UNDERSTAND ALL THE FOLLOWING GENERAL TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING MAXI PLAYERS‘ SERVICES. THE TERMS AND CONDITIONS ARE PART OF A BINDING CONTRACT ON THE USE OF Maxi Player’s SERVICES.
Please be advised that Maxi Players (as defined below) is not endorsed by, directly affiliated with, maintained or sponsored by Electronic Arts, Activision Blizzard, Epic Games, Microsoft, Xbox, Sony, PlayStation or Valve. All content, game titles, trade names, trademarks, artwork and associated imagery are trademarks and/or copyright material of their respective owners.
IF YOU ARE NOT OF LEGAL AGE AS DETERMINED BY THE LAW OF THE COUNTRY THAT YOU LIVE IN OR ARE FOR ANY OTHER REASON NOT CONSIDERED FULLY LEGALLY COMPETENT, PLEASE CAREFULLY NOTE THIS INFORMATION.
Part 1 General Information
“Maxi Players” means, FlyLion GmbH, a company established under German law seated Siegmund-Schuckert-Straße 17, 68199 Mannheim / Germany Registered in Freiburg / Germany - HRB 721664 and does not include FlyLion GmbH’s Affiliates, Subsidiaries or other third parties.
“Platform” means the internet-platform called “Maxi Players” operated by Maxi Players under various domains including all functionalities provided by Maxi Players via such platform.
“Platform-Content” comprises all content made available by Maxi Players via the Platform including without limitation any titles, computer code, themes, frontend-Design, objects, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, documentation, chat transcripts, recordings of games played using a Maxi Players‘ game client and server software.
“Services” mean any website, the Platform, the Platform Content, and other related products and services provided by Maxi Players including any and all functionalities made available to Users. In no case do the Services include the operation of online games or the hosting or otherwise the technical enabling of online games. Online gaming on or via the Platform is not possible.
“User” or “You” is the person who registers on the Platform.
“GTC” means these General Terms and Conditions.
“User Agreement” means the legally binding agreement concluded between Maxi Players and You upon completion of Your registration on the Platform according to these GTC. The GTC constitute a binding and integral part of the User Agreement.
“User Account” means the area of the Platform individually accessible to You following registration and conclusion of the User Agreement. The User Account is password-protected and enables You to make certain personalisation and use certain functions of the Platform.
“Limited Account” means a specific type of a User Account that limits the monthly betting stake of the User to a certain maximum amount. Moreover such account may be limited in the functions and contents of the Platform available via the account. The limitations are implemented due to protection of minors and are specified in the course of the registration.
“Premium Account” means an access with costs to certain additional functions of the Platform as part of an existing non-limited User Account, which the owner of the respective User Account can subscribe for by a separate booking. Premium Accounts can only be booked by Users of legal age.
“User Content” means the content uploaded to the Platform by the Users ore created or published on the Platform by Users. Maxi Players does not and cannot influence or check User-Content or its creation, transmission or use and therefore considers such content as being of a third-party nature.
“Games” mean the online-games shown on the Platform. Games are provided by third parties on various online-based gaming-platforms. All Games are skill-based and are only referenced on the Platform rather than being accessible ore playable on/via the Platform.
“Player Event” means skill-based Matches, Challenges and Tournaments made available on the Platform.
“Wallet” means your virtual account to which You can transfer money which can then be used for placing stakes, to pay fees to Maxi Players and to which prize-money and profits form participations in Player Events are being transferred.
“Wallet” means your virtual account to which You can transfer money which can then be used for placing stakes, to pay fees to Maxi Players and to which prize-money and profits form participations in Player Events are being transferred.
Application of these GTC
These GTC are binding and integral part of the User Agreement concluded between You and Maxi Players upon completion of registration on the Platform and apply to all Services provided by Maxi Players via the Platform.
Please note: If You are unsure of any aspects of the following GTC You should seek independent advice before registering.
Terms and conditions introduced by You do not apply and are not accepted by Maxi Players. This shall apply even if You make reference to any such terms and conditions (written or electronic) and Maxi Players does not expressly reject those terms and conditions. Even if Maxi Players refers to any of Your messages that contains or makes reference to terms and conditions introduced by You, this shall not be construed as acceptance of the applicability of those terms and conditions. The inclusion of such terms and conditions is hereby proactively rejected.
Subject Matter of the Services
The subject matter of the Services and thus the User Agreement is the provision of certain functionalities via the Platform by Maxi Players to You. The Services enable You to place money bets (“stakes”) against other Users on the outcome of skill-based Player Events in which you and one or more other Users participate in a form of "sporting competition" between humans (esports). The stakes can - depending on the participation terms of the relevant Player Event - consist of either a Platform's own (unreal) play money or real money.
The Services are only addressed to those Users with which Maxi Players has entered into a User Agreement according to these GTC. No third-persons are entitled to any Services.
The following is not part and thus not subject matter of the Services:
- The playing of the Games;
- The warranty or assurance of any success or profit of the Users in any kind or form;
- Warranties or assurances of any kind regarding User-Content, including without limitation its completeness, accuracy, legality or validity.
Maxi Players provides the Platform on its own servers for access via the internet. The provision of all further hardware and software and connections (PC, internet-Access etc.) required for the use of the functionalities of the Platform is not subject matter of the Services or the User Agreement. You are responsible for this and You are aware that You may incur costs for this.
Part 2 Registration on the Platform, User Agreement
Requirements for Registration
You may ONLY register on the Platform and/or use the Services if You are
- of legal age and considered fully legally competent as determined by the law of the country that you live in OR
- You are at least 14 years old but not of legal age and provide us with a written or textual consent of your legal representative as further described here, provided that the use of the Services is not prohibited for underage Users by the law of the country that You live in for minor-protection reasons. Minors registered according to this provision will only get access to Limited Accounts.
You may NOT register on the Platform and/or use the Services if
- You have already created a User Account at the Platform;
- You have previously been banned or prohibited to use the Services or Your previous User Account has been blocked or Maxi Players has previously terminated a User Agreement with You for cause;
- You are prohibited to use the Services, according to any applicable law of the jurisdiction of the country that you live in. Please note: Some jurisdictions may determine the placing of money bets/stakes against others on the outcome of skill-based online-gaming as illegal. Maxi Players does not intend that anyone uses the Services where such use is illegal. The availability of the Services do not construe an offer or invitation by us to use the Services in any country in which this is illegal. YOU MAY NOT USE THE SERVICES WHEREVER THIS IS PROHIBITED BY ANY APPLICABLE LAW. You accept sole responsibility for determining whether your use of our Services is legal in the country that you live in and may only register where such use is not illegal. Please find supporting information here.
Registration, Conclusion of the User Agreement, Storage of Contract Text
Your registration on the Platform is required for the conclusion of the User Agreement.
You shall truthfully and completely provide all data required for the registration process on the Platform. By clicking the “Sign-Up”-button, You submit an offer to conclude the User Agreement according to the provisions of these GTC. The User Agreement comes into existence through acceptance of this offer by Maxi Players according to the following paragraph. You cannot demand the conclusion of a User Agreement.
Maxi Player’s acceptance of your offer to conclude a User Agreement will be submitted by means of a separate email that contains the contractual terms and conditions including these GTC.
The conclusion of the User Agreement itself is free of charge. The subscription for Premium Accounts and the participation in Player Events according to Part 4 of these GTC is, however, subject to fees.
Any use of the Services is at your sole option, discretion and risk. By registering you acknowledge that you do not find the Service to be offensive, objectionable, or indecent in any way and are not knowingly breaking any laws of the country that you live in.
General User Obligations and Responsibilities
The Platform enables You to use certain functions. In doing so, the applicable legal and contractual regulations must be observed. You are therefore obliged to observe the applicable legal provisions when using the platform and not to infringe any rights of third parties. In particular, you represent and warrant that you will not use the Services, the Platform or any of its functionalities for any illegal acts such as (but not limited to) money laundering, fraudulent actions, insults or any racist, offending or abusing actions, sending SPAMs or provide or consume illegal content.
Maxi Players holds the right to check and verify the requirements for a registration at any time and without giving any reason. For this purpose, you are obliged to cooperate, in particular by providing suitable proof (i.e. supporting documents) when requested by Maxi Players.
You are obliged to keep your data that you have provided in the course of registration or subscription of Services or functions or the opening of Premium Accounts up to date at all times. In case any data changes, You will without delay update the current data or - if this is not possible - inform Maxi Players of the change by email to email@example.com.
Term, Termination of the User Agreement
The User Agreement is concluded for an indefinite period of time.
You may terminate this User Agreement at any time in text form without giving reasons. The termination will be effective immediately except in the cases as stated in paragraph (3) below. In order to terminate the User Agreement, You may apply the function “Irrevocably delete user account” in Your User Account.
Maxi Players reserves the right to terminate this User Agreement at any time in text form without giving reasons with two weeks prior notice under consideration of the provisions of paragraph (3) below. Maxi Players will submit termination notice to you via email.
If you have subscribed for a Premium Account and the subscription is still in place at the time of termination notice by You or by Maxi Players then the termination will also apply to the Premium Account and will be effective at the earliest possible date the subscription for the Premium Account can be terminated (see Section 13 below).
If you are participating in a Player Event at the time of termination notice by You or by Maxi Players then the termination will be effective not earlier than at the ending of such Player Event in accordance with the provisions of Section 16 of these GTC and the terms of the User Agreement remain fully effective for the duration of such Player Event.
Upon termination notice You cannot enter into any further Player Events or subscribe for a Premium Account.
The right to termination with immediate effect for good cause of both parties remains unaffected. From the perspective of Maxi Players, good cause will be deemed to be on hand especially (but not limited to) if You
- are in default with an agreed payment of fees and do not without delay end this state of default after You have been sent a reminder in which You are granted a reasonable deadline of at least 30 (thirty) days;
- violate or breach breaches one or several of your obligations set forth in section 6, section 10, section 11 para. (2), section 12 or section 16 para. (7),
- have registered on the Platform in violation of section 4 or
- have submitted incorrect or falsified documents or information to Maxi Players.
The termination of the User Agreement has the following consequences:
- The User Account including the Premium Account – if subscribed for by You – will be irrevocably closed.
- A possibly existing balance on Your Wallet will be refunded in accordance with Section 20 below.
- All User Content and all data and settings which you have implemented will be deleted except for the data for which Maxi Players is subject to retention obligations.
Availability of the Platform
The availability of the Internet Platform is determined as follows:
- Maxi Players will perform the required maintenance work on the Platform from 2 a.m. to 6 a.m. (CET) ("Maintenance Windows"). During Maintenance Windows, the Platform may be temporarily unavailable on the internet, either entirely or with respect to certain Services.
- Maxi Players makes the Platform available on the Internet for at least 99,8 percent of the time per calendar quarter. The times of the Maintenance Windows shall not be included in the calculation of the availability.
- Maxi Players may limit the access to the Platform even outside the Maintenance Windows if this should be necessary for the security of the Platform operation or the preservation of the network integrity or user data, especially to avoid serious malfunctions of the network, the software or stored data.
The point of handover/delivery of the Platform-functionalities is the interface between the servers on which the Platform is hosted and the Internet.
Updates, Changes of Platform Functionalities
In the interest of all Users, Maxi Players endeavours to continuously improve the Platform and expand it in a meaningful way in order to continually increase its benefits for its Users. Therefore, Maxi Players expressly reserves the right to further develop the Platform during the term of the User Agreement. Within the scope of the further development, Maxi Players may, for example, change the appearance of the frontend or backend, modify, add and remove functions, and change designs, input screens and other elements of the frontend and backend (collectively referred to as "Platform Updates"). You shall not have any claim to Platform Updates or to continued use of a certain version of the Platform. You cannot derive any claims against Maxi Players due to the implementation of Platform Updates if and insofar (i) no functions which are contractually guaranteed to you are cancelled or impaired significantly by the Platform Updates and (ii) You do not suffer any unacceptable disadvantages due to Platform Updates.
Obligations in Connection with the User Account and Username
In the context of the registration to the Platform, You shall select a secure access password for your User Account. You shall keep the password secret and shall take all necessary measures to protect it from unauthorised access. Should You learn of any abusive access to your password or to your User account or if the facts give rise to reasonable suspicion in this regard, You shall without delay inform Maxi Players of this. Maxi Players shall not be responsible to you for any loss or harm that results from an unauthorized person accessing Your User Account except were Maxi Players has caused such unauthorized access.
Your User Account may only be used by Yourself. You may not allow any third party to use your User Account. Maxi Players may at its discretion block Your User Account if someone else uses it.
Upon registration, You have to decide on and enter a username which will then be visible for all Users throughout the Platform. You are obliged to choose a user-name which does not violate any laws, moral standards or third-party rights.
Obligations and Liability in Regard to User Content, Rights of Use
Maxi Players operates the Platform as a technology service provider in the form of a software-as-a-service (SaaS) offer. Maxi Players will not and cannot influence or check User Content or their creation, transmission, publication and use and therefore considers such content as being of a third-party nature.
You are obliged to
- only upload User Content to the Platform or create or publish such content on the Platform that does not infringe applicable legislation and does not violate the rights of any third parties;
- ensure that Your User Content and the granting of rights of use pursuant to paragraph (3) below does not violate any third-party rights.
To enable Maxi Players to perform the Services, You hereby grant Maxi Players and Maxi Players accepts a non-exclusive right without any regional restriction to store, copy, make publicly available and sublicense your User Content, limited in time to the term of the User Agreement and any retention obligations of Maxi Players, to the extent that this is required for the performance of the contractual obligations of Maxi Players vis-à-vis the Users on the basis of these GTC.
The Platform expressly does not serve the purpose of storing or managing of data. You shall have copies of Your User Content stored on Your computer and/or systems at all times.
Maxi Players is not responsible and is not liable for any User Content including User statements towards other Users and expressly does not adopt them as its own. If a User has identified illegal or inappropriate User Content, he is requested to report this to Maxi Players by email: firstname.lastname@example.org
Rules of Conduct – “Netiquette”
All Users are obliged to use the Platform in accordance with the law and the provisions of the User Agreement, to treat other Users of the platform fairly and not to infringe any third-party rights.
You are particularly prohibited from:
- The intentional communication of wrong or incomplete information at the registration process or thereafter vis-à-vis Maxi Players or any User;
- Inappropriate, insulting or unrespectful communications with other Users or deception of other Users and from make statements which constitute a crime or violate any third-party rights
- The use of multiple User Accounts and from providing their User Accounts for third-party use;
- Any manipulation of results of Player Events, for instance by using cheats or other inadmissible means;
- Undertaking actions that may harm the Platform, Maxi Player’s systems or any data or content on the Platform (e.g. by using or distributing malicious software/malware, or by hacking).
- conducting or forwarding any surveys, contests or chain letters and from advertising or offer any goods or services in the course of communications via the Platform.
Premium Accounts are subject to a fee and enable Users of extended functionalities such as the organization of certain Player Events and the participation on certain profits. The exact functions as well as the applicable fees can be viewed in the Premium Account conditions.
As a User you can subscribe for a Premium Account via your User Account if you are of legal age and have a non-limited User Account. The following applies to the subscription process:
- You shall truthfully and completely provide all data required for the subscription process. By clicking the “Subscribe and Pay”-button, You submit an offer to subscribe for a Premium Account according to the provisions of these GTC. The Subscription comes into existence through acceptance of this offer by Maxi Players. You cannot demand the subscription of a Premium Account.
- Maxi Player’s acceptance of your offer to subscribe for a Premium Account will be submitted by means of a separate email that contains the these GTC as well as the Premium Account conditions.
You are responsible for ensuring that you comply with all legal provisions applicable to you. This includes in particular (but not limited to) the following:
- You are responsible for ensuring that the use of the Premium Account is legally permitted in Your home country and Your place of residence.
- Your activities on the Platform via the Premium Account can be considered commercial. You are responsible for complying with the legal regulations applicable in connection with a commercial activity (e.g. personal requirements, business registration, tax regulations, etc.).
The duration and termination of the Premium Account subscription is subject to the Premium Account conditions as mentioned in paragraph (1) above.
Part 4 Player Events
Characteristics of Player Events
No gambling is allowed within the Services. The Player Events utilize skill-based games, meaning the outcome of all relevant games are based predominantly upon the skill of participating Users, not chance. Therefore, when playing with or against other Users, it is Your skill in playing that is assessed against each other, and the winners will be the Users who, through skill and judgment, are most successful in the relevant Game. You should ensure that you are familiar with a Game before entering.
Maxi Players does not have knowledge of the probability of any particular participating User winning a Match, and makes no representations about an individual User’s chances of winning.
If and insofar Maxi Players provides a list or ranking of Users, this shows a statistical evaluation of the previous gaming results of the Users named there, based on the results communicated to Maxi Players. Maxi Players expressly makes no representation or warranty as to the accuracy or completeness of the information on which the list is based or which are displayed in the list. In particular, Maxi Players does not warrant, represent or even asses the likeliness that a User named in the list may win or lose or otherwise achieve or fail to achieve a certain performance when participating in Player Events.
Maxi Players offers participation in Player Events as part of the Services in its function as a technical service provider and neither influences the course of events nor does Maxi Players participate in Player Events or place money bets/stakes.
Participation in Player Events
You can apply for participation in Player Events via your User Account by registering for the respective events […]. The participation process is deemed successfully completed once You have been added to the Player Event.
In the course of a Players Event, Maxi Players will match You with other Users, provide technical functionalities of the Platform allowing the participating Users to communicate and to place stakes as part of the Services. Maxi Players is NOT party to any Agreement between the Users regarding money bets (see Section 17 below). The fulfillment of the Services towards a User in connection with a Players Event begins with the admittance of the User to the event and ends with its ending or termination according to Section 16 below.
Participation in Player Events is only permissible if Your Wallet contains a balance equaling the betting stake amount to be placed plus the fees incurred for the participation in the Player Event (“Event-Fee”) to be paid to Maxi Players. If You are the holder of a Limited User Account, participation shall only be possible if the limit for the monthly betting stakes applicable is not exceeded with the amount due for the relevant Player Event.
Rules of Player Events, Fees and Stakes
Insofar specific rules apply to a Player Event such rules will be presented to the Users and the User has to accept those rules in the course of the participation process as stated in Section 15 above. If not explicitly stated otherwise in the specific rules, the following provisions also apply to all Player Events:
The stake amount is immediately deduced from the virtual account balances of the Wallets of the participating Users.
The Event-Fee is calculated using a percentage of the respective stake amount of the User placed for the Player Event which is shown to the User at the beginning of the participation process. The Event-Fee is due for payment to Maxi Players immediately after completion of the participation process and are deduced automatically from the virtual account balances of the Wallets of the participating Users. The Event-Fee shall be due regardless of the outcome of the Player Event and the sake of the stakes. The rules of the respective Player Event and the provisions of Part 5 of these GTC shall apply.
The terms of calculation of the prize-money for the Player Event is displayed at the beginning of the participation process to the User. The gaming phase of a Player Event is completed once all Game-results have been reported by all participating Users to Maxi Players via […]
After completion of the Player Event, the winner(s) is/are credited the prize-money to his/her Wallet, ONLY if the outcome(s) of the Game(s) have been reported properly to Maxi Players. A proper reporting means that all participating Users must have reported the results without any contradictions i.e. all reports must consistently state the winner(s) of the Game(s).
In the event of a non-proper or contradictory reporting or else a dispute regarding the outcome of one or more Games, Maxi Players may at its discretion EITHER refund each stake amount back to each participating User’s Wallet OR request that participating Users provide additional evidence, including but not limited to photo or video evidence of Game results. In the latter case, paragraph (4) will apply if the game results are now reported properly. If this is not the case, Maxi Players will refund each stake amount back to each participating User’s Wallet.
If a User believes there has been a mistake with respect to any distribution of the prize-money he/she my contact Maxi Players via email: email@example.com.
Users are forbidden from reporting false or incorrect information to Maxi Players. In case of false or incorrect reports, Maxi Players reserves the right to ban the respective User and to terminate the User Agreement for cause. Further rights remain unaffected.
If a User does not show up to a Game or cancel or leave a Game before the end of the gaming phase of a Player Event, the respective Game(s) is/are considered lost for this User.
The Player Event has ended once the prize-money has been transferred to the winner(s) according to para. (4) or the take amounts have been refunded according to para. (5).
If a technical failure, which is not caused by Maxi Players leads to an early cancellation of a Game (e.g. caused by the Game provider or a User), then the stake amounts are refunded to the Wallets of the Users. The Event-Fee will remain due in these cases.
Maxi Players does not provide or hold or host Games and is in no case in any form responsible for Games to take place properly or for Users to take part in Games or report the results properly in the course of Player Events.
Participation of other Users, Legal Relationship
Maxi Players is not party to any contractual agreements made between Users in the course or connection with Player Events.
Maxi Players shall not be liable to the Users for the behavior of other Users. In particular (but not limited to), Maxi Players shall not be liable for any failure of Users to comply with contractual obligations including payment obligations towards other Users or towards Maxi Players.
Maxi Players expressly makes no assurances whatsoever to the Users with regard to the solvency, player qualities, contractual compliance or other characteristics or actions of other Users.
Part 5 Terms regarding Wallets
Wallet Top-up and Money Transfers
You may Top-up your Wallet at any time during the term of the User Agreement by sending the desired amount of money via a payment method authorised by Maxi Players to an administration bank account operated for this purpose. Maxi Players may determine reasonable minimum and maximum amounts for such payments. Following the receipt of the payment on the administration-account, the User is credited the according virtual amount on his Wallet.
The deposit on your Wallet is not subject to interests.
The transfer of money to and from the Wallet is executed not by Maxi Players but by external payment providers. You may be required to enter into separate agreements with payment providers in order to be able to initiate money-transfers to and from the Wallet.
Wallet Balance, Costs
Once the money on Your Wallet has been credited according to the provisions of section 18, You are enabled to use it exclusively for the Services (i.e. as a stake for Player Events or for other Event-Fees). A use of the money for any other purpose is not possible.
All of Your transactions will be registered within the Wallet account. This means that all stake amounts for Player Events, Event-Fees and possible additional fees for Maxi Player’s Services (such as fees for Premium Accounts) are deducted and prize-money and possible participation in certain Player Events profits granted as part of Premium Accounts will be credited to the Wallet.
Changes within your Wallet balance lead to corresponding reallocations within the respective administration bank account assigned to the Wallet.
Maxi Players reserves the right to reclaim possible fees (i.e. returned payments, chargebacks, etc.) which may occur due to incorrect payments performed by You. Maxi Players is entitled to offset such costs directly against the balances of Your Wallet.
If the balance in your Wallet is too low to pay Maxi Players any fees due, You are obliged to transfer a corresponding amount to the Wallet in accordance with section 18. Maxi Players is entitled to block some or all of the functions of Your User Account until the required amount has been credited to Your Wallet. Further rights shall remain unaffected.
The balance of Your Wallet is limited to an amount of money in EUR. In case a deposit would result in the account balance exceeding that limit, a withdrawal of the difference amount is automatically generated.
You may request in written or textual form from Maxi Players a conversion of Your Wallet balance via a pay-out of the amount of money equal to the balance from the respective administration account to Your bank account. The transfer of money will be executed not later than 30 calendar days following receipt and examination of your pay-out request to the payment address provided by You with a discharging effect to Maxi Players.
Maxi Players is not obliged to verify the legitimation of the Users prior to carrying out a requested pay-out. However, Maxi Players is entitled, to request from You to provide Maxi Players with a copy/scan of a proof of your identity (i.e. Identity Card or Passport) along with the written pay-out request and the bank and account details. Maxi Players can make this conditional for the pay-out.
In case a pay-out to a payment address provided by You is not possible, You are on Maxi Player’s request obligated to provide a valid alternative payment-address within 30 calendar days following such request. Should You fail to provide such valid alternative payment-address or is a pay-out to the alternative payment address not possible, Maxi Players has the right to charge a monthly fee according to the current price list of Maxi Players for the custody of the Wallet balance.
Part 6 General Legal Terms
The information and materials provided on the Platform or through the Services, including any content, data, text, designs, graphics, images, photographs, illustrations, audio and video clips, logos, icons and links are owned exclusively by Maxi Players or its licensors. The Services, including all software, databases, proprietary information, documentation, software, contents and computer codes (and all modifications and derivative works thereof and any intellectual property and other rights relating thereto or contained therein) including, without limitation, the selection, compilations, sequence and “look and feel” and arrangement of items, is owned and operated by Maxi Players or its licensors and will remain their exclusive property. You acknowledge that you do not acquire any ownership rights to the Services or the Platform.
The trademarks, logos, and service marks displayed on or in the Services are the registered and unregistered trademarks of Maxi Players and its advertisers, licensors, suppliers and others. Nothing contained on or in the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Maxi Players, it‘s licensors or suppliers, or the third-party owner of any such Trademark. Misuse of any Trademarks is prohibited.
Rights of Maxi Players in the Event of User’s Breach of Obligations, Indemnification
Notwithstanding its other rights, Maxi Players may block Your User Account if,
- pursuant to section 7, Maxi Players is entitled to terminate this User Agreement with immediate effect for good cause;
- Your User Account is accessed by unauthorised third parties without any fault of Maxi Players.
The account will be blocked until the reason for the blocking no longer applies or the User Agreement ends. You cannot derive any claims against Maxi Players due to the blocking of Your User Account according to this paragraph.
You shall indemnify Maxi Players against any and all third-party claims that are based on a culpable breach of Your obligations as stated in section 7 para. (7) b), c) or d) or on other non-contractual or unlawful use of the Services offered by Maxi Players. This includes the assumption of the costs of legal defence of Maxi Players (including court and legal counsel costs in the statutory amount). If You notices or must reasonably notice the danger of a breach that establishes the claim to indemnification, You shall without delay inform Maxi Players of this. In case of such third-party claims against Maxi Players, You shall – upon first demand – comprehensively, truthfully and without delay provide Maxi Players with all information that is required for the review of the claims, also with respect to indemnity and defence. You have to indemnify Maxi Players against payment obligations arising from settlements with third parties only in cases where You have expressly approved the underlying settlement beforehand.
Maxi Players’ further rights and claims remain unaffected.
Subcontractors, Assignment of Rights and Obligations
Maxi Players may delegate its service obligations from the User Agreement to third parties or sub-contractors and transfer claims against You to third parties. Vis-à-vis You as a User, Maxi Players will remain responsible for the contractual performance.
Transfer of rights and obligations under this User Agreement by You to third parties is subject to the express prior approval of Maxi Players.
You may only offset Maxi Player’s claims against You with undisputed claims or claims legally binding confirmed by a court. This shall not apply to claims that exist vis-à-vis each other within the scope of contracts concluded between Maxi Players and You on the basis of mutuality.
General Limitation of Liability
Maxi Players shall be liable exclusively according to the following regulations, no matter what the legal basis may be.
Maxi Players shall only be liable for intent and gross negligence. In the event of slight negligence, Maxi Players shall be liable only in the case of a breach of a material contractual obligation whose fulfilment is essential to the due performance of the Agreement and on whose fulfilment the User may rely on (cardinal obligation). In this context, Maxi Players shall be liable only for foreseeable damage whose occurrence must typically be expected. This also applies to lost profit and unrealised savings.
The limitation of liability of Maxi Players shall not apply in the event of injury to life, body and/or health and in the case of liability under the German Product Liability Act (ProdHaftG).
Maxi Players shall not be liable for any events of force majeure that make the contractual performance impossible, even if such events merely impair the due performance of the Agreement to a significant extent or hinder it temporarily. Force majeure comprises all circumstances that are independent from the will and influence of the contracting Parties, such as terror attacks, embargo, confiscation, natural disasters, strike, official orders or other serious and unforeseeable circumstances for which the contracting Parties are not responsible. In this context, a circumstance will be regarded as force majeure only if it occurs after the conclusion of the Agreement.
Moreover, Maxi Players shall not be liable for malfunctions and loss of quality of the data transfer on the Internet for which Maxi Players is not responsible and that impairs or prevents the use of functions of the Platform or Services.
To the extent that the liability of Maxi Players is excluded or limited, this shall also apply to the liability of the employees, other staff members, representatives and agents of Maxi Players.
Amendments to these GTC
Maxi Players may amend these GTC and other applicable contractual provision
- if they need to be adapted to applicable law, especially if the relevant legal situation changes;
- if this is required for Maxi Players to comply with a court order or an official decision that is binding for Maxi Players;
- if the amendments are merely advantageous for You; or
- due to unforeseeable changes that are not caused by Maxi Players and over which Maxi Players does not have any influence and that disturb the balance that existed at the conclusion of the Agreement to an extent that is not insignificant.
Amendments in the meaning of the preceding paragraph (1) will be offered to You no later than one month prior to the proposed effective date in textual form or in writing, e.g. via e-mail. Your approval will be deemed granted if You do not indicate your rejection of the amendments before the proposed effective date of the amendments. In its offer for amendment of the GTC, Maxi Players will highlight all amendments and will expressly draw attention to the approval effect as of the proposed effective date.
Information on Dispute Resolution
Complaints procedure via Online Dispute Resolution for consumers ('OS') can be found under: http://ec.europa.eu/consumers/odr/. Maxi Players is neither willing nor obliged to participate in a dispute resolution procedure before a consumer conciliation body.
Contract Language and Storage of Contractual Provisions, Right of Withdrawal
The contract language is English, all declarations and communication shall take place in English language
Maxi Players will not store the contractual provisions for You.
For information on Your right of Withdrawal please look here.
All headings in these GTC shall only serve to facilitate legibility and have no influence on the significance and interpretation of the individual provisions.
As far as this is permitted by the applicable laws, the User Agreement and all contracts concluded between Maxi Players and its Users shall be governed by German law, under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
If You are a merchant, a legal entity under public law or a special fund under public law or if You have no general place of jurisdiction in the Federal Republic of Germany, disputes arising from or in connection with the platform usage agreement are subject to the exclusive jurisdiction of the courts at the registered office of the Maxi Players (currently Emmendingen, GERMANY).
Should individual provisions of these GTC or of contracts or agreements concluded between the Parties be fully or partially invalid or unenforceable or become invalid or unenforceable after the conclusion of the respective contract, this shall not affect the validity of the other provisions. Instead, the Parties shall endeavour to agree a substitute regulation that comes as close as possible to the effects of the invalid or unenforceable regulation in a legally permissible and economic way. The aforesaid provisions shall also apply in case regulations should turn out to have gaps.