Terms of Use

Clause 1 Scope and requirements to use the game

1. The following Terms of Use (hereinafter "TOU") govern the use of the game \"Big Bait,\" including the game content and related additional services which are provided by unikat media GmbH at the website www.big-bait.com as the browser game Big Bait and/or through the platforms iTunes and Google Play Store as apps for mobile devices (insofar as unikat media GmbH has published on these platforms). The apps for mobile devices enable a connection to the unikat media GmbH game servers. The app versions of the game also require a constant Internet connection. To clarify: Downloading the app is not sufficient to participate in the game. It is also necessary to register as specified in these TOU.

2. As a rule, the use of the game and the related additional services is free of charge. However, the user may purchase the right to use special game content. The purchase of said content is subject in particular to the provisions in ss. 5 and 6 of these TOU.

3. Contradicting terms of the user are expressly not accepted. You can only be granted access to Big Bait if you agree to these TOU. You can view these TOU on the website http://www.big-bait.com in the section TOU at any time, print them out for your records and/or save them.

4. Big Bait is operated by:

unikat media GmbH
Geschäftsführer: Michael Schmidt, Martin Aust
Eckdrift 41
D-19061 Schwerin
E-Mail: info@unikatmedia.de
Handelsregister: Amtsgericht Schwerin, HRB 10552

(hereinafter referred to as "operator" or "unikat media GmbH")
Details on unikat media GmbH may be found in the Legal Notice.

5. By consenting to these TOU, you accept the TOU in the version applicable at the time you consented.

6. These TOU supersede previous versions of the TOU for Big Bait in full.

7. The game content and other services of unikat media GmbH are continuously being improved on, updated and adapted. For this reason, the user may only ever participate in the latest version of Big Bait. Where app versions of the game are concerned, this means that a free update of the app may be required in order to retain access to game content.

8. The user's connection to the Internet itself as well as the system requirements to enable it, in particular the browser software, do not constitute services of unikat media GmbH and therefore are not part of these Terms of Use. The user is responsible for ensuring that that hardware and software used is suitable, up to date and secure.

9. In the Basic version, the use of Big Bait is free of charge. However, certain features are only available to paying users (see also clause 5 of these TOU).

10. unikat media GmbH provides the user with options to communicate own content and contributions. These include in particular official forums on the websites operated by unikat media GmbH, which the user may use to the extent they are actually available. unikat media GmbH merely makes the technical options for sharing information available. This does not constitute an entitlement to the provision of such options to communicate.

11. The operator is not able to inspect all entries that are posted directly. The operator is not able to permanently monitor the entries of visitors and members online. Therefore, it assumes no liability for the content, accuracy or form of individual contributions that are posted. As the author, each user is responsible for their own contributions. The publication of illegal, insulting and/or criminal contributions is expressly prohibited. Each user is obligated to observe at all times the existing legal provisions that arise out of e.g., German criminal law, youth protection, trademark law, copyright law and the fair trading act. Posting commercial advertising in contributions, irrespective of its form, e.g.,, as a text, link or banner, is likewise prohibited. unikat media GmbH reserves the right to delete entries and to revoke the editing rights of individual users for a specified period or entirely.

12. Moreover, the rules of the game under clause 7 and the protection of copyrights and third party rights under clause 9 of these Terms of Use apply.



Clause 2 Conclusion and content of the contract

1. To conclude the contract, the user must complete the registration form on the website belonging to the game or in the app. The user has the option to register to participate in Big Bait free of charge by supplying a valid email address and a password in the registration form. The email address must belong to the user personally and must be readily accessible for the duration of the use of the game, as unikat media GmbH generally communicates by email. Therefore, the use of disposable email addresses is expressly prohibited. Only natural persons may register.

2. By registering, the user may choose an admissible player name (nickname). The player name may not infringe the rights of third parties and may not be immoral. The user is not entitled to be allotted a specific user name. Inadmissible user names include in particular email and Internet addresses and words that do not satisfy the technical requirements (e.g., no special characters, no spaces).

3. The presentation of our game portal or game on the respective websites and online distribution platforms does not constitute a binding offer. This applies also to downloading the app, which in addition to these TOU is subject to the terms of the respective distribution platforms as amended from time to time insofar as these TOU do not expressly specify otherwise. To clarify: This means in particular that even after successfully downloading the app, no contract to use the game has been entered into. Only by completing the registration form does the user make a binding offer pursuant to Sec. 145 of the German Civil Code (BGB) to conclude a contract. This requires that all data fields in the registration form marked as required fields be completed as per Clause 2(1) of these TOU and subsequently confirmed by clicking on the button labeled "Play." After your offer has been received, you will receive an automatically sent email at the email address you supplied in the registration form, by which we confirm acceptance of your offer. A contract is only entered into with unikat media GmbH with receipt of the declaration of acceptance or the actual unlocking of the account (whichever occurs first).

4. The user is not entitled to registration for, unlocking of or participation in the game. unikat media GmbH is entitled to refuse a confirmation and acceptance of the registration without giving a reason. If the contract is not concluded or if it is canceled later, the user must promptly delete the downloaded app from all of their devices.



Clause 3 Obligations of the user

1. By registering, the user assures that they are of legal age. Insofar as the user is a minor, by sending this application to register they assure that their legal guardian has given effective consent.

2. Registration may only be made personally, and not by automated means or by third parties.

3. The user undertakes to take part with only one account per Big Bait game world (server). This means that a registered user may only open a new account in the same game world if the previous account has been deleted. The creation and maintenance of multiple accounts in the same game world (multi accounts) is prohibited. unikat media GmbH may block and delete multi accounts without notice at its own discretion at any time.

4. By registering, the user undertakes to use their account exclusively for personal purposes in the spirit of participating in the game. Commercial use of any nature, including the distribution of advertising and other commercial offers, is expressly prohibited.

5. The account is expressly personal and non-transferable. Therefore, the user undertakes not to transfer their account to third parties, either for payment or as a gift.

6. The user undertakes to keep their login details and in particular their password strictly confidential and to protect them against unauthorized access. Login details and passwords means all sequences of letters and/or characters and/or numbers that are used to authenticate the user, which is intended to prevent use by unauthorized third parties. The password may not be identical to the player name and must contain a combination of numbers and letters.

7. The user is prohibited from using the login details of another user.

8. The user undertakes to contact the operator promptly if there is suspicion that third parties have or may have obtained the login details by unauthorized means. If there is suspicion or risk of abuse, unikat media GmbH is entitled to temporarily block the accounts involved until the suspicion has been removed.

9. Manipulative interventions in the game are prohibited. This includes in particular the use of software and mechanisms that disrupt the gameplay or provide the user with an unfair advantage over other players. Among other things, the creation and/or use of hacks, mods, cheats, bots, data mining tools and automated browser plug-ins is prohibited.

10. The user undertakes to observe the rules of the game as set forth in clause 7 of these TOU.



Clause 4 Obligations of unikat media GmbH

1. The creation of the account and the use of the Basic version of Big Bait is free of charge. It is possible to collect items and virtual in-game currency (currently: "Gold Bars"), or to obtain them by playing the game, free of charge. The virtual in-game currency can be used to unlock so-called features, meaning individual services that are excluded from the Basic version (hereinafter "features"). The specific description and function of each feature is shown in detail on the Big Bait website. Aside from this, it is also possible to acquire in-game currency and certain items in return for payment in accordance with the following provisions.

2. The user is not obligated to acquire virtual in-game currency and features in return for payment.

3. unikat media GmbH undertakes to counter the risk of a loss of data by taking appropriate steps to backup the data (backups). Regrettably, in the event of a loss of data it is impossible to reproduce game actions that were taken after the backup was created. unikat media GmbH endeavors to be accommodating to affected users in relevant cases by taking steps in the game to make up the damage. This does not constitute an entitlement to such an accommodating performance.



Clause 5 Features, payments

1. The creation of the account and the use of the Basic version of Big Bait is free of charge. It is possible to collect items and virtual in-game currency (currently: Gold Bars), or to obtain them by playing the game, free of charge. The virtual in-game currency can be used to unlock so-called features, meaning individual services that are in addition to the Basic version (hereinafter \"features\"). The specific description and function of each feature is shown in detail on the Big Bait website. Aside from this, it is also possible to acquire in-game currency and certain items in return for payment in accordance with the following provisions.

2. The user is not obligated to acquire virtual in-game currency and features in return for payment.

3. unikat media GmbH reserves the right to change the scope and content of the features, to discontinue them and/or to offer them in the free Basic version.

4. The user may optionally acquire special items and virtual in-game currency (currently: "Gold Bars") in return for payment. The price for the virtual in-game currency and the payment method are displayed in detail on the Big Bait website. The prices shown are deemed final prices including taxes and crediting or provision.

5. unikat media GmbH is entitled to demand payment in advance for the purchase of virtual in-game currency. The payment for the purchase of virtual in-game currency becomes payable upon the conclusion of the contract with unikat media GmbH, meaning with confirmation by the user on the website http://www.big-bait.com or by using the in-app purchase function of the respective distribution platform on the purchase of virtual in-game currency ("Gold Bars").

6. The payment systems available in each case (e.g., PayPal, credit card, premium rate SMS, in-app purchase) are listed on the Big Bait website or on the product page of the respective distribution platform. The user is not entitled to demand that unikat media GmbH offers or maintains particular payment systems. In particular, the option to pay for content through the app may be limited to the official in-app purchase function of the respective distribution platform. The prices are charged according to the user's choice.

7. unikat media GmbH is entitled to temporarily block the user's account involved for as long as the user is in default of payment of the purchased items or virtual in-game currency. This does not affect the user's obligation to pay the agreed price.

8. Game options purchased with virtual in-game currency (e.g., items, reduced waiting times, endurance and other functions purchased with it) cannot be returned; in this respect there is no obligation to refund the price paid for the virtual in-game currency unless otherwise agreed.

9. unikat media GmbH is not obligated to refund virtual in-game currency if the user terminates the user agreement.



Clause 6 Cancellation notice

Right to cancel

You are entitled to cancel your contract to purchase virtual items/currency. The cancellation period is fourteen days from the date on which the contract was concluded.

To exercise your right to cancel, you are required to

unikat media GmbH
Geschäftsführer: Michael Schmidt, Martin Aust
Eckdrift 41
D-19061 Schwerin
E-Mail: info@unikatmedia.de
Telefax: +49 385 77339171
Telefon: +49 385 641056-88

notify us in an unambiguous statement (e.g., by postal letter or email) of your decision to cancel this contract. You may use the attached cancellation form to do so, but it is not mandatory.

To observe the cancellation period, it is sufficient that you send the notification that you are exercising your right to cancel before the cancellation period expires.

Consequences of canceling

If you cancel this contract, we will be required to refund all payments that we received from you, including for delivery (excepting any additional costs resulting if you selected a different delivery method than our cheapest standard delivery), immediately and no later than within fourteen days from the date we received notification of your cancellation of this contract. We will use the same means of payment for this refund used by you for the original transaction unless otherwise expressly agreed with you. In no event will we charge you fees for this refund.

Premature lapse of your right to cancel

Your right to cancel will lapse prematurely if we have begun to perform the contract after you expressly agreed that we shall begin contract performance before expiry of the cancellation period and you also confirmed that you understand that by providing your agreement to begin contract performance you lose your right to cancel.

End of the cancellation notice

Cancellation form

Widerrufsformular

(Wenn Sie diesen Vertrag widerrufen möchten, dann füllen Sie bitte dieses Formular aus und senden Sie es zurück.)



An:


unikat media GmbH
Eckdrift 41
D-19061 Schwerin
E-Mail: info@unikatmedia.de
Telefax: +49 385 77339171


Hiermit widerrufe(n) ich/wir (*) den von mir/uns (*) abgeschlossenen Vertrag über den Kauf der folgenden Produkte (*)/die Erbringung der folgenden Dienstleistung (*)

Bestellt am (*)/erhalten am (*)

Name des/der Verbraucher(s)

Anschrift des/der Verbraucher(s)

Unterschrift des/der Verbraucher(s) (nur bei Mitteilung auf Papier)

Datum



*) Unzutreffendes bitte streichen.



Clause 7 Rules of the game:

1. Big Bait and the options to communicate that are provided through Big Bait are intended to be fun and to be for the game played by the users. Any misuse thereof for personal purposes (e.g., advertising, expression of political or religious opinions) is prohibited.

2. Users may send each other messages in the game. The user acknowledges that unikat media GmbH does not tolerate messages, posts or other content which contains the following:

3. The user who posts content is responsible for ensuring that it does not infringe any rights, copyrights in particular, of third parties. In this respect, the user him or herself is directly liable to third parties for any and all claims. If claims should be brought against unikat media GmbH on grounds of a user posting such content, the user shall indemnify unikat media GmbH from any and all costs hereby incurred to the extent he or she is responsible for the infringement.

4. It is prohibited to deliberately disrupt the dialogue of other users; e.g., by repeatedly interrupting the conversation between other members, by disturbing them or by demonizing others or creating conflict. Messages that users send each other in the game are public, not private. Therefore, users are requested to not exchange any personal information such as email addresses, addresses, last names, telephone numbers, photos, instant messaging names or similar. For your own protection, unikat media GmbH strongly recommends that you do not disclose such information about yourself. If you suspect that certain users are attempting to obtain the aforementioned personal information from other users, you should inform unikat media GmbH thereof, by writing an email to info@unikatmedia.de.

5. unikat media GmbH advises that it is not possible to fully monitor all content posted by the user. However, spot checks are performed, and users have the opportunity to report infringements by other users. In those cases, unikat media GmbH shall review the matter as quickly as possible and edit or delete the content if required.

6. The user is not entitled to the provision of options to communicate.

7. The user is not permitted to exploit errors in programming (bugs) to their own advantage. Any bugs that are discovered should be reported by email to info@unikatmedia.de.

8. The user is prohibited from taking any steps that cause excessive data traffic or compromise the gameplay. In particular, automated or semi-automated scripts that execute database queries or trigger game mechanisms are prohibited. Likewise, any and all manipulation of the data stored on the server is prohibited.



Clause 8 Virtual house rules

1. Big Bait is subject to the virtual house rules [German: virtuelles Hausrecht] of unikat media GmbH. This means a website operator's right to monitor website users' compliance with these TOU and to take appropriate action in the event of violations. unikat media GmbH reserves the right to exercise the house rules without restriction if required.

2. If a user is in breach of the code of conduct under these TOU, in particular the rules of the game or code of conduct as set forth in clause 7, unikat media GmbH is entitled to block or delete the infringing content and users and/or game characters, and/or to exclude the user from using Big Bait temporarily or, if appropriate, permanently and/or to delete the user account to protect other users. In this case the user shall not be entitled to any refund or other compensation for payment already made. Insofar as is reasonable, unikat media GmbH shall instruct the user for the purpose of clarification or to remedy the infringement prior to instituting the aforementioned measures. It is no longer deemed reasonable to provide instruction if doing so could result in damage to unikat media GmbH or third parties. If a user is blocked, that user shall not be permitted to use Big Bait by way of another game character.



Clause 9 Copyrights and neighboring rights

1. All copyrights, rights of use and other intellectual property rights to Big Bait and the apps are held by unikat media GmbH or are protected on behalf of third parties. The user may use the content provided (including the apps) exclusively as part of participating in the game and for the duration of the contract. Without the express permission of unikat media GmbH, no user shall be permitted to copy, save, edit, decompile, reverse engineer and/or distribute content of the game and/or the apps and/or their components, such as texts, images, graphics, characters, logos, pieces of music, sounds, sound sequences, videos, programs, software code or other information beyond participating in Big Bait in accordance with this contract. The user is permitted to place a link to the websites operated by unikat media GmbH insofar as it merely acts as a cross reference. unikat media GmbH reserves the right to revoke this permission. However, it is not permitted to embed or display the websites operated by unikat media GmbH or the content thereof by using a hyperlink in a frame. Placing inline and frame links must therefore be considered an illegal usage.

2. The same applies to the rights to names and other trademarks. Any use beyond the game, in particular in business dealings, without express written consent is prohibited. This applies in particular also for any merchandising items.

3. unikat media GmbH expressly advises of the following: Should a user offer their account or parts thereof for sale on the Internet, this shall constitute a breach of the material obligations under these Terms of Use as well as an infringement against copyrights and any applicable trademark rights, which shall be liable to costs and prosecution.


Clause 10 Contract term and cancellation:

1. By registering, a user agreement between unikat media GmbH and the user is engaged for an indefinite period. The user may cancel the agreement without notice, and without providing a reason at any time by deleting their account or by writing an email to widerruf@unikatmedia.de. As a result of the cancellation, all information about the user's account that is stored and affected by data protection law shall be deleted. This information includes the user's email address, among other things.

2. unikat media GmbH may cancel the agreement without providing a reason at any time, giving 2 weeks' notice.

3. The right to cancel without notice for cause remains unaffected. In particular, but not exclusively, unikat media GmbH is entitled to cancel without notice for cause in the cases mentioned in clause 11(1) of these TOU.

4. Cancellation by unikat media GmbH must be in writing or text form (an email satisfies this requirement).



Clause 11 Penalties and cancellation without notice / exclusion from the game

1. unikat media GmbH may terminate the user's right of usage without notice and exclude them from the game in particular if:

2. In less severe cases, which unikat media GmbH shall determine at its sole discretion, an in-game penalty may be meted out to the user, such as by downgrading, instead of excluding them from the game. The user is not entitled to receive a penalty instead of being excluded from the game.



Clause 12 No warranty; Limitation of liability and indemnity by the user

1. The apps are provided free of charge. To clarify: Additional purchasable content is not made available to the user as a part of the app or other downloadable files, but instead only as a part of the gameplay which occurs online. Therefore, unikat media GmbH makes no warranty for any defects in the apps.

2. Insofar as unikat media GmbH provides the possibility to use the game free of charge (this applies in particular for the provision of the app version), it shall only be liable for deliberate intent and gross negligence in accordance with the legal provisions.

3. Insofar as unikat media GmbH provides services in return for payment, it shall be liable as follows:

a) In the event of claims for damages, unikat media GmbH is liable in accordance with the legal provisions for deliberate intent and gross negligence including deliberate intent and gross negligence on the part of its representatives and vicarious agents. Moreover, unikat media GmbH is liable in accordance with the legal provisions in the event of a deliberate or negligent infringement of a material contractual obligation, meaning an obligation which holds special significance for the performance of the contract and on the performance of which you relied and were permitted to rely.

b) Except in the event of a deliberate or grossly negligent infringement of the contract, the liability of unikat media GmbH is limited to damages typically foreseeable at the time the damage occurred. The preceding limitations of liability do not affect claims under the Product Liability Act or fraudulently concealed errors or the infringement of a warranty specified as such, as well as because of injury to life, limb or health. unikat media GmbH shall not be liable in all other cases.

4. unikat media GmbH shall not be liable for unauthorized access, obtainment, distribution or misuse by third parties of personal data exchanged in Big Bait (e.g., unauthorized access by "hackers") or for information posted by users, or for content on linked third party websites. Clause 12(2) and (3) remain unaffected.

5. unikat media GmbH is not liable for loss of data (high score, purchased items, etc.) related to game characters if you delete your user account in accordance with clause 10(1). Liability for loss of data is generally limited to the effort typically required to restore it, which would have been incurred if the user had created standard backup copies.

6. Under the present state of the art, it is not possible to ensure that data communication through the Internet is free from errors and/or available at all times. unikat media GmbH makes no warranty whatsoever that the functions on Big Bait, including the use of features, are free from technical errors or that Big Bait shall be available at all times.

7. In the event of an infringement of third party rights, in particular intellectual property rights (e.g., copyrights or trademark rights) that derive from or relate to content that you or a user are distributing or otherwise making accessible or which was caused by infringing these TOU, you must on first request indemnify unikat media GmbH and all associated companies, employees, workers and vicarious agents of unikat media GmbH against all claims and other receivables of third parties (including associated expenditures, such as appropriate legal and court fees), insofar as you are responsible for the infringement.



Clause 13 Data protection

1. unikat media GmbH observes the applicable data protection provisions at all times. This applies in particular for the protection of the personal data supplied by the user at http://www.big-bait.com when registering. The specifics are found in the Privacy Policy, which may be viewed, saved and printed out from this link, in the updated version, amended from time to time.



Clause 14 Final provisions

1. Regulations that depart from these TOU or terms of use of the user shall only be applicable if unikat media GmbH has consented to their applicability in writing beforehand.

2. unikat media GmbH shall notify the user of changes or amendments to these TOU. The notification shall contain the new version of the TOU and the (future) date on which they enter into force. Such notification (by email) is sent six weeks before each change. The user may object to the changed TOU. If you do not object to this change within six (6) weeks after receiving the notification, you shall be deemed as having accepted the changes. In the aforementioned notification, unikat media GmbH shall expressly inform the user of the right to object, the period in which to raise the objection, and the consequences of withholding objection. This change mechanism shall only apply when unikat media GmbH has a justified interest in making the changes (for example, amendments to comply with changes in law or new adjudication), and in no event shall constitute a change to the parties' main obligations.

3. Should this provision or another provision of these TOU be or become invalid, this shall not affect the validity of the remaining provisions. The parties shall amicably agree to replace the invalid provision with an operative provision that comes closest to the economic spirit and purpose of the invalid provision. This provision also applies if it transpires that the contract contains loopholes.

4. The laws of the Federal Republic of Germany apply, excluding the conflict of laws. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. The language of the contract is German.

5. If your court of jurisdiction is not in Germany or if you relocate overseas after concluding the contract or if your place of residence is unknown at the time action is brought, the court of jurisdiction for all disputes shall be Schwerin, Germany. Furthermore, unikat media GmbH shall be entitled to bring action at the user's court of jurisdiction.


TOE last updated on: 12.01.2016