Terms of Use

These Terms of Use (the "Terms") sets forth the agreement between Us and each user ("You" or "User").
Please read these Terms carefully as they set out the basis for which We make our Services available to You. The Terms govern your use of our games, downloadable content, game software (contained on disc, downloaded, or streamed), other software products, and online and mobile services including their online functions and other features, any updates/upgrades thereto, any related websites, and the servers, software and framework through which all the foregoing are provided to You (collectively, our "Services").
Please note that Our Privacy Policy (www.l3mon.com/legal/privacypolicy.html) is an integral part of these Terms and is integrated into them by reference. In addition, when using particular Service(s), You shall be subject to any posted guidelines or policies and/or other terms, including without limitation other "game rules" applicable to such Service(s).
All such guidelines or policies are incorporated by reference into these Terms and consequently any disputes related to such will be subject to the limitations on liability, dispute resolution, and arbitration provisions contained in these Terms.
As a User, your use of any or all of our Services indicates your acceptance of these Terms and your agreement to comply with them fully.
If You do not agree with these Terms, please do not continue to use our Services.

We reserve the right to change, modify, add, or delete clauses in these Terms at any time, in accordance with the procedures described below in Section 12. The "Last Updated" date at the top of these Terms will indicate when the latest modifications were made. By continuing to access and use our Services after these Terms have been modified, You are agreeing to such modifications. Please add this page to your bookmarks and consult this site regularly to find out about any updates to the Terms.

Unless otherwise agreed, the GTC in the version stated shall also apply as a framework agreement for similar future contracts, without us having to refer to them seperately.

Our Services are for your individual, non-commercial, entertainment purposes only. Except as may be expressly permitted by the Terms, You may not sell or exchange anything You copy or derive from our Services.
The provision of these conditions as well as the telecommunication services of the transmission services from the server to the devices or vice versa used by the user are not subject to this contract, but are the responsibility of the user.

As long as You comply with these Terms, We grant You a personal, non-exclusive, non-transferable, limited right to use our Services strictly as detailed herein.
You shall not receive any rights beyond this, in particular rights to Services, source codes or other Service related content. You are not authorised to use the Services beyond the use permitted in accordance with this contract. In particular, you are not permitted to reproduce, sell or temporarily make available, rent or lend the Services or parts thereof. Furthermore, you are not authorised to modify, decompile, disassemble, reverse engineer or otherwise determine the source code of the program code or parts thereof or to create derivative works based thereon.
The rights of use granted shall also apply to updates and upgrades made available during the term of the contract, unless separate license terms are agreed.

You must assure, that the information you provide is correct and complete. You shall inform us immediately of any changes to the data necessary for the execution of the contract.
Furthermore, you will only use the Services to the contractually agreed extent and fulfill all obligations necessary for the performance of this contract in a timely, complete and professional manner.

2.1 Rules of Conduct.
We want to offer You and other Users a welcoming, safe and respectful gaming environment, both during gameplay and at any time in our Services. For You and other Users to feel part of such a friendly, safe and fair community, You agree that you will not (the “Rules of Conduct”):

• Perform any actions that violate applicable law or the rights of third parties
• Abuse, harass or bully other Users or Our representatives via verbal or written communications. This includes but is not limited to trolling, flaming, spamming, or using language or content We deem illegal, dangerous, threatening, abusive, offensive, obscene, vulgar, defamatory or hateful.
• Buy, sell, trade or transfer service related data to anyone
• Bypass regional restrictions with the help of a proxy, VPN and other tools
• Engage in any activity, such as cheating, hacking, botting, boosting, or tampering that gives the User (and/or his/her teammate(s)) an unfair advantage or causes detriment to other players’ experience
• Take any inappropriate actions toward a Minor. This includes, but is not limited to, comments, private messages containing or relating to inappropriate behavior, including physical abuse, sexual abuse, and/or pornography
• Execute DDoS (Distributed Denial-of-Service) attacks utilizing multiple compromised computer systems to disrupt normal traffic of Our servers or servers used by our Services, service or network
• Exploit of any new or known glitches/bugs which provide an unfair advantage over other players
• Provide false Registration Information, creating an account with false information (email address, date of birth, etc).
• Commit fraud, reversal of credit card charges or "chargeback" resulting in debt. A chargeback can include credit card theft, identity theft, or non-approved use by family or friends
• Grief or inappropriately use the help services or reporting functions
• Groom or encourage other users to commit inappropriate or illegal acts in-game or the real world
• Impersonate any other player or Our representative or reveal any personal information of another player or Our representative
• Record any other player or Our representative without his or her consent
• Create an inappropriate Username or avatar. This includes but is not limited to the use of names containing profanity, sexual references or hate speech language. You may also not use a name containing "l3m" or "l3mon" or anything related to political figures
• Violate any rules propagated by us with respect to Virtual Currency or similar (as defined below)
• Engage in any conduct which interrupts the general flow of gameplay in the game client, forum, or any other Service
• Perform any actions that could block, burden or impair the proper functioning or appearance of the software (e.g. harmful source codes or other harmful programming instructions)
• Refuse to obey the instructions of any of Our representatives.

In the event of a violation of the Rules of Conduct, disciplinary action may be taken. Actual disciplinary action is dependent upon the severity and/or number of instances of the offenses and shall be decided at our discretion, on a case-by-case basis. We may issue a warning, enact a hardware ID ban, reset your in game-progress to a previous state and/or suspend or close your ability to use one or more Services, or part of our Services, at any time based on prohibited conduct.
Permanent blocking is possible in particular if the user signigficantly harms the provider or third parties of if there is another important reason that makes a contractual relationship unreasonable.
Please note that the above list gives examples of forbidden conduct that may lead to investigation by Us and/or disciplinary actions that may be taken. Neither the conduct nor the disciplinary actions should be considered exhaustive.

2.2 Monitoring of Services by Us.
We are not responsible for and do not endorse the opinions, advice and/or recommendations displayed or sent by Users on our Services, including on any public forum and decline any responsibility in this regard.

Subject to applicable law, We do not undertake to monitor or remove the content, messages and other information made available on our Services by Users. We nevertheless reserve the right, without this constituting an obligation, to review such content, including without limitation the ability to contact You to confirm that You are the owner of the elements (text, words, images, sounds, videos, etc.) posted, and/or to remove any such content at its discretion, including without limitation, refusing any Username, avatar, screen name and/or password You have chosen. We further reserve the right to define additional rules of conduct and to place limits on the use of our Services.

You must be at least 13 years of age (or such other minimum age as is applicable in your country of residence) to use our services.
If You are between 13 and 18 (or the age of majority where You live), You and your parent or guardian must review this Agreement together.
Parents and guardians are responsible for the acts of children under 18 years of age when using our Services.
We recommend that parents and guardians familiarize themselves with parental controls on devices they provide their child.

We may allow a minor under 13 to use certain Services with parental approval. The parent/legal guardian may be asked to provide additional documentation or perform additional actions as part of the approval process as consistent with applicable law.
We reserve the right to refuse access to the Service pending confirmation and activation by his/her parent or guardian.
In addition, We reserve the right to ask for written proof of parental consent for any User or potential User of our Services we suspect is a minor.

AS FAR AS IS PERMITTED BY APPLICABLE LAW, WE DECLINE ANY RESPONSIBILITY REGARDING ANY ACTIVITIES WHICH MAY BE CONDUCTED BY MINORS WITHOUT THE PERMISSION OF THEIR PARENTS OR LEGAL GUARDIANS. IF YOU ARE A PARENT OR LEGAL GUARDIAN AND YOU GIVE YOUR PERMISSION FOR YOUR CHILD TO REGISTER FOR ONE OR ALL OF OUR SERVICES, YOU THEREBY AGREE TO THE TERMS RELATING TO USE OF SUCH SERVICES BY YOUR CHILD.

We hereby notify You that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist You in limiting access to material that is harmful to minors.
Information identifying current providers of such protection is available at www.staysafe.org.

4.1 Do We offer Virtual Currency, Virtual Items and/or Points In Our Services?

Within certain Services, We may offer You the possibility of obtaining in-game virtual currency or additional content which, once added to your virtual account, can be used to enhance your experience within the game or within the application (“Virtual Content”). We reserve the right to modify or eliminate any or all of the Virtual Content at any time entirely at its own discretion, subject only to these Terms and applicable law.

Notwithstanding any provision to the contrary contained in these Terms, Virtual Content, or any other terminology used to describe such, have no monetary or "real world" value and may in no event be exchanged or redeemed for "real" currency or in kind. You may not sell or transfer Virtual Content or any virtual currency by any means, nor buy such for any purposes other than for their use in the Service(s).
You acknowledge that We are not required to provide a refund or other compensation for unused virtual content or virtual currency when an account is closed, whether such closure was voluntary or involuntary.

4.2 What Is Available On Our Store And How Can You Make Purchases In Store And In-Game?

Our Services do not include a store or in-game purchases.

4.3 What Third-Party Products May Be Offered On Our Services?

We may highlight certain third party products and/or services by inserting promotional links, advertising banners, or any other advertising and promotional elements, and We may also carry out cross-marketing operations with any third party of our choice.
Links on our Services to third-party websites and applications are provided only as a convenience to You. If You use these links, You will leave Our Services. Your dealings with third parties through links to such third-party websites or applications are solely between You and such third parties. We do not control or endorse any third-party websites. You agree that You use these links at your own risk, and that We will not be responsible or liable for any content, goods, or services: (i) provided on or through these third-party websites or applications or (ii) for your use or inability to use such websites or applications, nor (iii) for any products or services or promotions You purchase or enroll in via those websites or applications, even for claims of quality or performance contained in or on our Services You are advised that other websites and applications, including third-party websites and applications linked from our Services, might contain material or information that some people may find offensive or inappropriate, or that is inaccurate, untrue, misleading or deceptive, defamatory, libelous, infringing of others' rights or otherwise unlawful.

4.4 How Can You Participate in Beta Tests on Our Services?

We may in our own discretion, permit You to test, evaluate or comment on one or more Services before they are marketed or launched, in order to identify bugs and errors in the programs and/or improve their functioning ("Beta Test").
You agree that the Beta content which is supplied to You under a Beta Test is highly confidential information belonging to us and that You may be required to sign a confidentiality or other agreement for each Beta Test in which You participate. You must perform the Beta Test personally. All comments, feedback, suggestions, ideas, criticisms and other data (collectively referred to as the "Comments") passed on, disclosed or offered to Us in the course of the Beta Tests will be the exclusive property of l3mon by Markus Mosebach. You therefore agree not to make your Comments accessible by any means or process to any outside party other than Us. You acknowledge that, unless prohibited from doing so under applicable law, We may use, sell, promote and exploit the Comments in any way, without restriction and without compensation to You. You acknowledge that We may protect certain Beta Test content by incorporating technical protection measures in them to prevent any unlawful reproduction or modification of such content. Beta Test content is supplied to You "as is" and "according to availability" without any explicit or implicit guarantee of any kind. You play on a beta version at your own risk. You accept that (i) the games may include known or unknown bugs; and (ii) your progress and your data in the game may be erased at any time. At the end of the test period, or at any time when We ask You to do so, You shall return immediately all content received from us. You agree that violation of your obligations under this Section would cause us irreparable damage and that We would be entitled to take any action to prevent any breach or risk of a breach of your obligations or to obtain compensation for the damage We have incurred, in addition and without prejudice to the right to terminate your use of the Services in accordance with these Terms. Nothing in these Terms may be interpreted as giving You any right or privilege regarding the Beta Test content.

4.5 What Technical Protective Measures May We Use On Our Services?

CERTAIN SERVICES MAY BE PROTECTED BY TECHNICAL PROTECTION MEASURES AND DIGITAL RIGHTS MANAGEMENT, INCLUDING, WITHOUT LIMITATION, PHYSICAL PROTECTION, TATTOOING (WATERMARKING), DIGITAL KEYS ACTIVATION AND DIRECT ENTITLEMENT. A HIGH-SPEED INTERNET CONNECTION ARE NECESSARY TO ACCESS THE ONLINE FUNCTIONS AND TO PLAY ONLINE AND UNLOCK CERTAIN CONTENT. SUCH CONTENT MAY BE UNLOCKED ONCE ONLY WITH A UNIQUE KEY. A PERMANENT HIGH-SPEED INTERNET CONNECTION MAY BE NECESSARY TO ACCESS OR USE SERVICE(S) INCORPORATING DIGITAL RIGHTS MANAGEMENT TECHNOLOGY.

4.6 Any Safety Tips When Using Our Services?

We advise You to take the following precautions in all cases when using a video game.
Avoid playing if You are tired and/or short of sleep. Make sure that You play in a well lit room and moderate the brightness of your screen. When You play a video game requiring connection to a screen, play at a good distance from the screen and as far away as the connection lead allows. While using the game, take breaks of 10 to 15 minutes every hour.

Epilepsy warning: In addition, some individuals may have epileptic seizures including, in certain cases, with loss of consciousness, particularly when exposed to strong luminous stimulations (rapid succession of images or repetition of simple geometrical figures, flashes or exposures). Such individuals are exposed to risks of seizures when they play certain video games containing such luminous stimulations; consult your doctor before any use. Parents must also pay particularly close attention to their children when they play video games. If You or your child present one of the following symptoms: dizziness, vision problems, contraction of the eyes or muscles, disorientation, involuntary movement or convulsions or momentary loss of consciousness, You should immediately stop playing and consult a doctor.

4.7 What Data is collected?

Please review the Privacy Policy available at https://www.l3monc.com/legal/dataprivacy.html.
All rights to services, data, works and work results (hereinafter referred to as evaluation data) generated using the Services of the provider shall, to the extent permitted, become the property of the provider at the time of their creation or shall remain the property of the provider.
For the purpose of improving the products and services, the user also grants the provider the simple unrestricted and irrevocable right in terms of time, place and content, to analyse, evaluate, store, process and reproduce the user's evaluation data.
You irrevocably grant the provider the simple, unrestricted copyright usage and exploitation rights in terms of time, place and content for all possible types of use pursuant to section 15 to 24 of the UrhG (German Copyright Act) concerning data and content processed via the software at the time of their creation. You renounce a copyright designation in the sense of section 13 UrhG.

You acknowledge that all materials on or in our Services, including the Services' texts, design, graphics, music, characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, sounds, pictures, audio-visual effects, domain names, and the selection and arrangement thereof (collectively, "Materials") are the property of us or our licensors, and are subject to and protected by German and international copyright and other intellectual property laws and rights.
You will not obtain any ownership interest in the Materials or our Services through these Terms or otherwise. All rights to Materials not expressly granted in these Terms are reserved to their respective copyright owners. Except as expressly authorized by these Terms or on our Services, You may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of us or the respective copyright owner, which may be granted at its sole discretion.

The trademarks, services marks, trade names, trade dress, logos, page headers, custom graphics, button icons and scripts (collectively, "Marks") contained or described on our Services and any Marks associated with any products available on our Services) are the sole property of l3mon by Markus Mosebach and/or our licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Us and/or our licensors. We will enforce our intellectual property rights to the fullest extent of the law.

We make no representations that our Services, or the Materials or products described or offered on our Services are appropriate or available for use in jurisdictions outside Germany, or that these Terms comply with the laws of any other country. If You use our Services and reside outside Germany, You do so at your own risk and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that You will not access our Services from any territory where its contents are illegal. You may not use or export or re-export any content downloaded from our Services or any copy or adaptation of such content, in violation of any applicable laws or regulations, including without limitation German export laws and regulations.

You may submit reviews, comments, or other feedback on our Services. However, please note our submission policies below:

A. l3mon by Markus Mosebach’S Unsolicited Ideas Policy:
We appreciate your enthusiasm and the time and energy You spend playing our games. However, our company policy does not allow Us to accept or consider any unsolicited ideas, suggestions, proposals, comments or materials (“Submissions”). The purpose of this policy is to avoid potential misunderstandings or disputes if products, services or features We develop or publish might appear to be similar or identical to ideas that may have independently occurred to You.

B. Terms of Idea Submissions:
If You still choose to submit ideas to us in spite of our warnings, then regardless of what your communication says, You agree that:

• Your Submissions shall be deemed non-confidential and non-proprietary.
• We shall have no obligations concerning your Submissions, including but not limited to, no obligation to review or return any materials or acknowledge receipt of any Submissions.
• We may use, redistribute, or disclose the Submissions worldwide without any restriction, in any way and for any purpose whatsoever, commercial or otherwise, without any compensation or credit obligation to You or any third party.

C. Feedback:
While We cannot accept unsolicited ideas, We are always happy to receive specific feedback regarding the existing features of our Services. It helps us learn how to best satisfy your needs. Please do not include ideas that our policy will not permit us to accept or consider, as noted above. Any feedback You provide is deemed to be non-confidential and non-proprietary. We shall be free to use such feedback on an unrestricted basis, without any compensation or credit obligation to You or any third party.

6.1 Unlawful Content.

If You believe that any content made available on our Services does not comply with these Terms (including the Rules of Conduct stipulated in Section 3), You may report this to us by contacting Us at info@l3mon.com or by sending a letter to the following address, indicating the information listed below.

• Address: TBD
• Specify the date of your notification;
• Indicate your last name, first name, country of residence, address, telephone number and e-mail address;
• Identify and describe the content which is, in your opinion, contrary to these Terms or infringing, indicating its precise location on the Services;
• Indicate the reasons why You believe that this content does not comply with these Terms and should be removed from the Services. With regard to this, cite the legal provisions and proof of the facts;
• Attach a declaration specifying that all the information you have passed on to l3mon by Markus Mosebach is correct.

After receipt of a full notification, We reserve the right to act as We deem appropriate, entirely at our own discretion. Please note that presenting content as being unlawful with the aim of obtaining its removal or causing its dissemination on the Services to be discontinued, when You are aware that this information is incorrect, is punishable by law.
We reserve the right to ask You to cease to use any content which it believes to be contrary to the provisions of the Terms and/or delete or deactivate the content in question. If We delete or deactivate any content that You have published which is considered to be manifestly unlawful and contrary to these Terms, We reserve the right to suspend or delete your use of the Services, in accordance with these Terms.
There is no claim to the restoration of the content.

6.2 Copyright Notice
We respect the intellectual property rights of others and expect Users to do the same. If You are a copyright owner or an agent thereof, and You believe that content used on websites or Services operated by Us, constitutes copyright infringement, You may submit a notification to Us as stated in section 6.1. We respond to clear notices that are compliant with these Terms. To file a copyright infringement notification with us, You will need to send a written communication that includes the following:

• A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
• A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notice, a representative list of such works at that site;
• A description of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material such as the exact URL or a description of where the alleged infringing material is located;
• Your name, address, telephone number, and, if available, email address;
• A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the copyright owner.

Please send your notice to the attention of:
TBD

email: info@l3mon.com

Please note that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages (including costs and attorney fees). Please also note that the information provided in your copyright infringement notification may be forwarded to the person who provided the allegedly infringing material. We may, at our discretion, share a copy of your notice with third parties, including for publication.

YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND ARE SUPPLIED ON AN "AS IS" OR "AS AVAILABLE" BASIS. L3MON BY MARKUS MOSEBACH AND L3MON BY MARKUS MOSEBACH'S LICENSORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES WORLDWIDE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE AND MAKE NO COMMITMENT OR WARRANTY CONCERNING THE USE OF THE SERVICES OR THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF CONFORMITY, ACCURACY, COMPLETENESS, RELIABILITY, SECURITY, AVAILABILITY ETC. WITHIN THE LIMITS AUTHORIZED BY APPLICABLE LAW, WE DO NOT OFFER ANY GUARANTEE CONCERNING THE MARKET VALUE OF THE SERVICES AND GAMES, YOUR SATISFACTION OR THE SUITABILITY OF THE SERVICES OR GAMES FOR A PARTICULAR USE. IN ADDITION, WE OFFER NO GUARANTEE THAT THE SERVICES WILL BE SECURE, FREE OF INTERRUPTION OR ERRORS, BUGS, VIRUSES OR HARMFUL ELEMENTS, OR THAT ERRORS, BUGS, VIRUSES OR HARMFUL ELEMENTS WILL BE CORRECTED. LASTLY, WE OFFER NO GUARANTEE THAT THE INFORMATION, CONTENTS AND/OR ELEMENTS ACCESSIBLE VIA THE SERVICES ARE ACCURATE, COMPLETE OR UP TO DATE. IN PARTICULAR, WE DO NOT EXHAUSTIVELY CHECK THE CONTENT OR THE WORDS THAT YOU OR OTHER USERS PUBLISH VIA THE SERVICES, OR YOUR ACTIONS WITHIN THE FRAMEWORK OF THE SERVICES. WE THEREFORE OFFER NO GUARANTEE AND ACCEPT NO RESPONSIBILITY TO YOU WITH REGARD TO YOUR OWN ACTIONS AND/OR THE ACTIONS OF OTHER USERS OF THE SERVICES. WE DOE NOT OFFER ANY WARRANTIES, EXPRESS OR IMPLIED, CONCERNING ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES; SUCH ACTION IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ANY OF OWN HARDWARE OR SOFTWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

YOU WILL BEAR ALL COSTS AND ALL RISKS ASSOCIATED WITH THE USE OF THE SERVICES. IN ADDITION, YOU WILL BEAR THE WHOLE COST OF ANY MAINTENANCE, REPAIR OR CORRECTION REQUIRED. YOU WILL BEAR ALL RISKS ASSOCIATED WITH TIME AND EFFORT LOST, LOSS OF DATA (PARTICULARLY ANY GAME DATA), ERRORS OR LOSS OF COMMERCIAL OR OTHER INFORMATION RESULTING FROM THE USE OF THE SERVICES.

YOU WILL BEAR SOLE RESPONSIBILITY FOR ANY DAMAGE CAUSED TO L3MON BY MARKUS MOSEBACH, ITS PARTNERS, OTHER USERS OF THE SERVICES OR ANY OTHER INDIVIDUAL OR LEGAL ENTITY AS A RESULT OF YOUR USE OF ALL OR PART OF THE SERVICES AND/OR GAMES IN VIOLATION OF THE LAW OR OF YOUR OBLIGATIONS AS STIPULATED IN THESE TERMS.

L3MON BY MARKUS MOSEBACH MAY IN NO CASE BE HELD LIABLE FOR PAYMENT TO YOU OF ANY SUM OR ANY DAMAGES AS A RESULT OF YOUR BEING UNABLE TO USE ALL OR PART OF THE SERVICES. IN NO CASE MAY L3MON BY MARKUS MOSEBACH BE HELD RESPONSIBLE FOR ANY DIRECT, INDIRECT, ACCIDENTAL, INCIDENTAL OR OTHER DAMAGES RESULTING FROM THE USE OR IMPOSSIBILITY OF USING THE SERVICES, EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION, (II) FOR ANY INCORRECT OR INACCURATE INFORMATION, (III) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (IV) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (V) FOR ANY OTHER MATTER RELATING TO THIS SITE OR ANY THIRD-PARTY WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WEILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES, OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN L3MON BY MARKUS MOSEBACH AND YOU. THE INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

IN THE EVENT OF A BREACH OF YOUR LEGAL OR CONTRACTUAL OBLIGATIONS, WE RESERVE THE RIGHT (I) TO DELETE YOUR ACCOUNT AND TERMINATE YOUR LICENSE FOR USE OF THE SERVICES AND (II) TO TAKE LEGAL ACTION ON GROUNDS OF CIVIL OR CRIMINAL RESPONSIBILITY IN ORDER TO HALT THE VIOLATION AND OBTAIN COMPENSATION FOR ITS LOSSES. IN PARTICULAR, WITHOUT LIMITATION, WE RESERVE THE RIGHT TO PROSECUTE ANY USER WHO WAS DELIBERATELY DAMAGED OR ATTEMPTED TO DAMAGE THE SERVICES OR DISRUPTED THE LEGITIMATE FUNCTIONING OF THE SERVICES OR PROVIDED ASSISTANCE FOR SO DOING.

YOU ACKNOWLEDGE AND ACCEPT THAT, WITHIN THE LIMITS AUTHORIZED BY LAW, IN THE EVENT OF A DISPUTE WITH L3MON BY MARKUS MOSEBACH OR ITS LICENSORS YOU MAY (I) CEASE TO USE THE SERVICES AND, (II) IF APPLICABLE, TAKE LEGAL ACTION TO OBTAIN COMPENSATION FOR YOUR LOSSES. THE LIABILITY OF L3MON BY MARKUS MOSEBACH, INCLUDING ITS LICENSORS AND THEIR AFFILIATED COMPANIES AND THEIR RESPECTIVE EMPLOYEES, MANAGERS OR DIRECTORS (COLLECTIVELY REFERRED TO AS THE "AFFILIATES") TO YOU MAY NOT EXCEED THE PRICE YOU HAVE PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE OCCURRENCE OF THE DISPUTE.

REGARDLESS OF THE ABOVE, THE PROVISIONS OF THIS SECTION IN NO EVENT LIMIT OUR LIABILITY TO YOU IN THE EVENT OF FRAUDULENT STATEMENTS OR DEATH OR PHYSICAL INJURY RESULTING FROM OUR NEGLIGENCE. IN ADDITION, THE RESTRICTIONS, EXCLUSIONS AND NON-LIABILITY CLAUSES OF THIS SECTION AND OF THE OTHER STIPULATIONS OF THESE TERMS APPLY WITHIN THE LIMITS OF APPLICABLE LAW.

SOME JURISDICTIONS DO NOT ALLOW DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

If We ask You to do so, You shall defend and guarantee l3mon by Markus Mosebach, its licensors, subcontractors and other content suppliers against all liabilities, claims and damages and all costs, including lawyers' fees, following and/or resulting from a violation of these Terms for which You are responsible or more generally, your use of our Services or behavior on the Services or any activity by your account by You or any other person. Without limiting the generality of the foregoing, You shall defend l3mon by Markus Mosebach and hold him harmless in the event of inappropriate or illegal use of your account, including in the event of illegal or inappropriate use by someone You have authorized to use your account. You agree to be held personally responsible for your use of our Services and for all your communications and activities on our Services. We reserve the right, at our own expense, to take sole responsibility for conducting the defense in and controlling any other cases for which You are normally obliged to defend it. If it does so, You will no longer have any obligation to defend us concerning the case in question. The provisions of this Section remain valid and in force after termination of these Terms or of your account, subject to applicable law.

Before taking any legal action, I ask you to get in touch with me and try to resolve the issue without legal activities.
As a single developer, it is not my desire to harm anyone, but bring joy with the Services I develop.
Therefore, I greatly appreciate your understanding and sense of judgement.

In case you want to take legal action, please also note section 11.7 of these terms of use.
They affect your rights regarding applied law and place of jurisdiction.

Please use the platform of the European Union for online dispute regulation: https://ec.europa.eu/consumers/odr/

10.1 Modification of Terms

We reserve the right to modify these Terms and other notices contained on the l3mon by Markus Mosebach Services, at any time, temporarily or permanently and entirely at our own discretion. If You do not agree to the changes made to these Terms, You may stop using Our Services. You therefore undertake to check any modifications regularly and to comply with them fully. Any use of our Services subsequent to updates and/or modifications implies acceptance of the Terms thus updated and modified.

10.2 Modification to Services and Access to Services

We may modify our Services and/or your access to them at any time for any reasons. In particular, We may deem it necessary to carry out updates, maintenance operations and/or resets to improve and/or optimize our Services. Such updates, maintenance operations and/or resets may affect our Services including without limitation (a) restricting your access to all or part of our Services and/or (b) deleting all or part of the Services, subject to applicable law. In addition, We reserve the right to modify the prices of specific Services including without limitation modifying a Service from a paid Service to a free to play Service at any time for any reason.

PLEASE NOTE THAT WE MAY CANCEL ACCESS TO ONE OR MORE ONLINE FUNCTIONS CONNECTED TO ONE OR MORE SERVICE(S) OR DISCONTINUE ONE OR MORE SERVICE(S) AT ANY TIME AND FOR ANY REASON WITH OR WITHOUT NOTICE TO YOU, ALL SUBJECT TO APPLICABLE LAW.

10.3 Tools and Software Updates

The Services may ask You or enable You to download software, updates, patches and/or other utilities and tools supplied by us or our licensors (referred to as the "Software") onto hardware mediums authorized by us. We grant You a personal, non-transferable and non-exclusive license enabling You to use this Software solely for the purposes of use of our Services, throughout the world and for the legal period of protection of the Software under intellectual property rights. We may specify terms of use for this Software at the time at which it is made available to you. Please note that the performances of the Software and the related Services may vary depending on your hardware. We may from time to time supply You with updates or modifications of the Software. You acknowledge that certain updates and modifications may be necessary in order to be able to continue to use the Software and/or Services.
We are entitled to use third-party companies as subcontractors.

11.1 Titles and Headings

Titles and headings are for convenience only and do not control the meaning or interpretation of any provision of these Terms.

11.2 Severability

If any term of this Agreement is to any extent invalid, illegal, or incapable of being enforced, such term shall be excluded to the extent of such invalidity, illegality, or unenforceability; all other terms hereof shall remain in full force and effect.

11.3 No Waiver

The failure or neglect by You or Us to enforce any of rights under these Terms will not be deemed to be a waiver of your or Our rights.

11.4 Entire Agreement

The Terms, all other documents and policies incorporated herein, represent the entire agreement between You and l3mon by Markus Mosebach concerning your rights and obligations as to the use of our Services and supersede any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of the Terms.

11.5 Force Majeure

Subject to applicable law, We will not be held liable for circumstances beyond our reasonable control.

11.6 Contacts

These Terms can be accessed and printed at any time at https://www.l3mon.com/legal/termsofuse.html.
For any question concerning these Terms or our Services, You may contact us at info@l3mon.com.

11.7 Place of jurisdiction and German law

Subject to other individual agreements, German law shall apply to the entire contractual relationship between provider and user to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
Place of performance for all claims against the provider is the domicile of the provider.
Düsseldorf shall be deemed to be the agreed place of jurisdiction. However, the provider is also entitled to sue the user at his general place of jurisdiction. This does not apply if mandatory statutory provisions within the meaning of Articles 24, 25 or 26 of the EuGVVO in the version of 12 December 2012 conflict with them.