1 Subject: Area of Validity
1.1 The following general terms and conditions regulate the use of video games and other services provided by CRIMSONSKY LTD of 71-75 Shelton Street, Covent Garden, London, UK, WC2H 9JQ on Crimsonsky LTD’ websites and in video game app stores and publishing platforms.
1.2 Crimsonsky LTD offers visual novel games for Windows, MacOS, Linux and Android and other services within the context of its technical and operational capabilities, with an average annual availability of 90% (ninety percent). This does not include periods of time during which the use and download of our games and other services are interrupted or affected due to urgent technical reasons or required maintenance work. Crimsonsky LTD is not liable for these instances in accordance with the conditions of this contract. This also does not include periods of time in which Crimsonsky LTD’ general servers or the servers of certain games do not allow online access due to reasons beyond Crimsonsky LTD’ control (force majeure, third party responsibility, etc.).
1.3 Crimsonsky LTD continuously updates, changes, and develops its video games and other services at its own discretion. Users can therefore only participate in the respective game in its respective form provided at any given time. Crimsonsky LTD retains the right to cease operating an online or mobile game or remove a specific service without explanation.
1.4 Video games and other services offered by Crimsonsky LTD are intended solely for the purpose of entertainment. The use of these games or services for business or commercial purposes is strictly prohibited.
1.5 Users are responsible for ensuring that their own software and hardware is suitable and up-to-date.
1.6 In addition to these general terms and conditions, any existing rules of the respective video games shall also apply. In the case of an inconsistency between these general terms and conditions and the rules of the game, the provisions of these general terms and conditions shall take precedence when settling the instance of contradiction. In addition, specific terms and conditions shall also apply to certain games, specific versions and/or components of our games, and individual services offered on Crimsonsky LTD’ websites as appropriate. Users will be appropriately informed of any specific terms and conditions prior to use of the respective offer.
1.7 Other provisions or general terms and conditions of a user, which deviate from Crimsonsky LTD’ general terms and conditions, shall only apply if Crimsonsky LTD gives prior written consent to their validity.
2 Conclusion of Contract
2.1 In order to use and download the games and other services provided by Crimsonsky LTD, users must pledge a minimum amount of $20 in total on Patreon in order to gain the access
2.2 Only natural persons are eligible for registration. Only individual persons are permitted to be authorized users (no groups, families, spouses or life partners, etc.).
2.3 Persons under 18 years of age are not permitted to download, pledge or plaz our video games.
3 General User Obligations
3.1 User data
Users agree to immediately provide Crimsonsky LTD with any future changes to data entered upon registration, in particular any change to the email address. Users are obliged to confirm for Crimsonsky LTD the accuracy of their data upon request.
3.2 Login data, identification, passwords
3.2.1 Users are required to maintain strict confidentiality regarding all login data, identification, and passwords.
3.2.2 The terms “login data”, “identification”, and “passwords” include all letter and/or character and/or number sequences used to authenticate the user and prevent unauthorized use by third parties. The password should not be identical to the player name, and it should consist of a combination of numbers and letters.
3.2.3 Users are required to protect all login data, identification, and passwords from third-party access.
3.2.4 In the event that a user has reason to believe that third parties have obtained or may have obtained unauthorized login data, identification, or passwords, they shall inform Crimsonsky LTD immediately and change their data or have it changed by Crimsonsky LTD. In this case or in the event that Crimsonsky LTD has concrete evidence of misuse of data, Crimsonsky LTD has the right to temporarily block access to the user’s account. If there is evidence of misuse of data, Crimsonsky LTD shall inform the user.
3.2.5 Users are under no circumstances entitled to use the login data of another user, unless the rules of the respective online or mobile game or other service allow for exceptions.
3.3 Use of Crimsonsky LTD’ websites and website content
3.3.1 Crimsonsky LTD’ websites and games include various content that is protected by trademarks, copyrights, or other means for the benefit of Crimsonsky LTD or third parties. Unless explicitly permitted within these general terms and conditions, users may not edit, copy, distribute, publicly reproduce, use for advertising purposes, or use beyond the contractually agreed purposes any of Crimsonsky LTD’ websites, mobile games, or the content or any portion thereof. Only technical copies intended for browsing purposes and permanent copies intended solely for private use shall be permitted. Copyright information and brand names may not be changed, hidden, or removed.
3.3.2 The term “content” includes all data, images, text, graphics, music, sounds, sound sequences, videos, software programs and codes, and other information provided by Crimsonsky LTD. The term “content” also includes, in particular, all services available for download.
3.3.3 Users are obliged to abstain from any measure which may compromise or interrupt the proper functioning of Crimsonsky LTD’ websites, any individual services and/or offers there, or its online and mobile games. Users are also required to abstain from any measure which may allow unauthorized access to data. Content may only be called up in a manner that does not affect other users’ use of Crimsonsky LTD’ websites and content. The transfer of data or software that may affect the hardware or software of recipients is not permitted.
3.3.4 Any use of Crimsonsky LTD’ websites or video games for commercial purposes, especially advertising purposes, requires the express prior written consent of Crimsonsky LTD.
3.3.6 Crimsonsky LTD’ websites and game launcher services may not be not be used via an anonymization service that hides the user’s true IP address.
3.4 Use of client software
In the case of offers which require the prior installation of a client software, Crimsonsky LTD grants the user an unrestricted, non-exclusive, non-transferable, personal, and time-limited in terms of the user agreement right to install the client software and use it for the agreed purposes according to these general terms and conditions and the rules of the respective game.
The software may not be used for commercial purposes in any manner. Modifications to the client software and a back-translation of the relinquished programming code into other code forms (decompilation) and other types of reverse engineering of the software’s various production levels are prohibited if these are not required for establishing interoperability. Crimsonsky LTD is liable for damages to the user in accordance with the statutory liability provisions.
All Content is copyrighted, and it is either owned or used with permission by Crimsonsky LTD. Crimsonsky LTDdisclaims any representation or warranty that your unauthorized use of Content will not infringe upon rights of third parties not owned by or affiliated with Crimsonsky LTD.
Except as set forth in this User Agreement or in the text of this Website, you may not reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, or otherwise use or exploit the Content. You may download one copy of portions of the Content in temporary storage on one personal computer for your personal, non-commercial, non-political, non-networked viewing and use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. The foregoing limited right does not give you any ownership of any Content. Except as expressly provided above, nothing contained in this User Agreement may be construed as conferring to you (by implication, estoppel, or otherwise) any license or right to any Content under any copyright or any other intellectual property right.
Crimsonsky LTD respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via this Website, then please see the paragraph below entitled Procedure for Alleging Copyright Infringement.
5 Specific conditions for the use of communication facilities (particularly discussion forums, messaging apps, chats, comments)
5.1 Crimsonsky LTD may provide users with different communication facilities for self-created entries and posts on Crimsonsky LTD’ websites, in the game, and on social networks (particularly discussion forums, chats, blogs, guest books, etc. as well as the utilization of their comment functions, altogether known as the “communication facilities”), which the user may use when available. In this regard, Crimsonsky LTD only provides users with the technical environment for an exchange of information. However, users do not have the right to claim communication features.
5.2 Users take full responsibility for the content and entries they post. Users agree to release Crimsonsky LTD from any legitimate claims from third parties arising from a culpable violation of the users’ obligations. Crimsonsky LTD explicitly does not claim content entered by users as its own. However, users shall grant Crimsonsky LTD the permanent, irrevocable, non-exclusive right to use the content and contributions posted by the users.
5.3 Within the context of these communication facilities, users are prohibited from publishing or distributing content on Crimsonsky LTD’ websites that: a) violates an applicable law, goes against common decency, or breaches the general terms and conditions or the rules of the respective game; b) violates trademarks, patents, utility or design patterns, copyrights, trade secrets, or other rights of third parties; c) is obscene, racist, violent, or otherwise threatening to the development of children and adolescents, or of a detrimental nature; d) is of an abusive, harassing, or defamatory nature; e) includes chain letters or pyramid schemes; f) falsely suggests that it is provided or supported by Crimsonsky LTD; g) contains personal data of third parties without their explicit consent; h) is commercial, in particular promotional, in nature.
5.4 The inclusion of websites or names of companies and products is only permitted if this is not primarily for advertising purposes.
5.5 All users of these communication facilities are required to use acceptable words. Abusive criticism or derogatory attacks shall be avoided.
5.6 Notwithstanding any other rights under these general terms and conditions, Crimsonsky LTD has the right to fully or partially remove content and entries that violate the rules of these general terms and conditions. Crimsonsky LTD also has the right to exclude users who violate these rules, in whole or temporarily, from further use of Crimsonsky LTD’ online and mobile games, websites, and other services.
6 Consequences of a Breach of Duty
6.1 Crimsonsky LTD is not liable for damages resulting from a user’s breach of duty.
6.2 Regardless of any additional legal or contractual rights, it is at the reasonable discretion of Crimsonsky LTD is to take the following actions against any user who culpably breaches statutory law, third party rights, these general terms and conditions, or any respective additional regulations and game rules: a) remove content, b) issue a warning to the user, c) temporarily or permanently block a user from specific or all video games and content of Crimsonsky LTD’ websites, d) suspend a user, also from certain game or community functions (e.g. chat) e) issue a temporary or permanent virtual ban from the game in cases of a violation of item 6 of these general terms and conditions, or f) immediately terminate the contract.
6.3 If users have been blocked or excluded, they may not log in again to a service provided by Crimsonsky LTD without the prior consent of Crimsonsky LTD.
7 Limitation of liability
7.1 Users are held personally liable for any violation of a third party’s rights. Users agree to reimburse Crimsonsky LTD for all damages resulting from the culpable non-observance of the obligations of these terms and conditions. Users release Crimsonsky LTD from all eligible claims that other users or third parties may file against Crimsonsky LTD due to a violation of their rights by content posted by the user or due to a violation of other obligations. Users shall assume the costs of Crimsonsky LTD’ legal defense, including all court and legal fees. This condition does not apply if the user is not responsible for the infringement.
7.2 The liability of Crimsonsky LTD, on whatever legal grounds, whether due to contractual misconduct or a breach of duty, is ultimately determined in accordance with the following rules:
7.2.1 If Crimsonsky LTD provides the respective liability-causing service free of charge, Crimsonsky LTD is liable only for malice and gross negligence.
7.2.2 In the case of non-gratuitous services, Crimsonsky LTD’ liability is limited to cases of malice and gross negligence, but unlimited in cases of personal injury. In cases of slight negligence, however, Crimsonsky LTD will only be liable for a breach of essential contractual obligations such as delay or unavailability which Crimsonsky LTD is held responsible for. In the case of a breach of an essential contractual obligation, liability is limited to the typical contractual damages that Crimsonsky LTD had to calculate upon conclusion of the contract due to the circumstances prevailing at this time. “Essential contractual obligations”, as previously stated, are the obligations that may be relied upon by the user and that ensure that the contract runs in accordance with its regulations and achieves the contractual aim.
7.2.3 Crimsonsky LTD assumes no liability for interruptions within the network that are not the fault of Crimsonsky LTD.
7.2.4 Crimsonsky LTD is liable for a loss of data in accordance with the foregoing paragraphs only if such a loss could not have been avoided by adequate backup measures taken by the user.
7.2.5 The aforementioned liability limitations do not apply in cases of explicit guarantees made by Crimsonsky LTD, in cases of malice, and for damages due to the loss of life, limb, or health. Liability shall remain unaffected under the Product Liability Act.
10 Governing law
The laws of the United Kingdom shall apply; the UN Convention on Contracts for the International Sale of Goods (CISG) shall be excluded. The mandatory provisions of the country in which the user resides shall remain unaffected by this legal decision.
12 Amendments to these general terms and conditions; Miscellaneous
12.1 Crimsonsky LTD retains the right to modify these terms and conditions (a) in the event of any amendments made due to legal changes, (b) in the event of any amendments made due to decisions by the Supreme Court, (c) because of technical necessity, (d) in order to maintain company operations, (e) in the event of a change in market conditions, (f) for the benefit of the user. No amendment will take place if such amendment would substantially disrupt the contractual balance between the parties. Users will be informed of any amendments to the general terms and conditions via the Crimsonsky LTD’ website and via the respective online or mobile game at least four weeks before the amendment is scheduled to take effect. Alternatively, Crimsonsky LTD may send its users the amended general terms and conditions via email or inform them that the amended general terms and conditions can be accessed via the Crimsonsky LTD’ websites. The user is entitled to object to any amendment within four weeks. The terms and conditions are deemed to have been accepted if the user remains silent for the four-week period or if the user opens the game again after receiving notification of the amended terms and conditions. Crimsonsky LTD will specifically inform its users about the four-week period, the right of withdrawal, and the legal significance of remaining silent.
12.2 Users are only entitled to an offset if their counterclaim has been legally established or has been recognized by Crimsonsky LTD and is uncontested or has resulted from this synallagmatic legal relationship. Users can only exercise a right of retention provided that it pertains to claims arising from this contract.
12.3 Crimsonsky LTD generally communicates with the user via email or Discord – unless indicated otherwise by these terms and conditions. Users need to ensure that they regularly check the email account specified at registration for messages from Crimsonsky LTD. When contacting Crimsonsky LTD, users must indicate which online or mobile game and which user account the message concerns. 12.4 Should any provision of these terms and conditions be or become invalid and/or oppose statutory provisions, the validity of the remaining provisions of the terms and conditions shall remain unaffected.
13 Licenses The game design of College Kings is licensed by Crimsonsky LTD.