Clause 1 Scope and requirements to use the game
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
E-Mail: info@unikat media.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.
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.
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
Since the use of the services, web presences, applications, features or contents and related further services of the game as such is free of charge for the user, a right of revocation shall not exist. The termination of the agreement shall be governed by Clauses 10 and 11 of these TOU.
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
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
(If you would like to revoke this contract, please complete this form and return it.)
unikat media GmbH
Telefax: +49 385 77339171
I/we (*) hereby revoke the contract concluded by me/us (*) regarding the purchase of the following products (*)/the rendering of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer
Address of the consumer
Signature of the consumer (only for communications on paper)
*) Delete as applicable.
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:
Abusive language, vulgar or obscene expressions or sexual content, irrespective of whether it is explicit or implied;
Expression of political, religious or sociopolitical opinions;
Insulting, libelous, defamatory, threatening or otherwise harassing insinuations, comments and/or images;
Names for game characters or user accounts that are deemed inappropriate under these TOU; in this case, unikat media GmbH is entitled, in addition to the measures mentioned in Clause 8(2), to delete such inappropriate names or to rename them as a more mild measure;
Material of third parties that is copyrighted or protected by trademark laws without their express written permission;
Queries for password or personal information of other users (e.g., surname, address, telephone number, date of birth, etc.);
Links to commercial websites of third parties;
Advertising, including tombolas, sweepstakes and other competitions;
"Cheat" or "Hack" programs or information about, or links to, such programs, or to websites that claim to possess programs that misuse user passwords; or
Other information which unikat media GmbH deems age-inappropriate or unsuitable for this website at its own discretion.
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 firstname.lastname@example.org.
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 email@example.com.
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.
Clause 10 Contract term and cancellation:
1. The user contract is concluded (in accordance with the conclusion of contract mechanisms described in Clause 2) between unikat media GmbH and the user for an undefined period. The user can terminate the contract at any time without notice and without giving reasons by (i) [for applications] deleting the application on his or her devices and in the settings in his or her account at the relevant app store, (ii) [for use via a platform] removing the connection of the game with the [user’s] own social media account in the settings of the relevant platform, (iii) [if a browser version is used or registration is required] deleting his or her account or (iv) [in all cases] by e-mail to firstname.lastname@example.org. As a result of the termination, all information saved on the user's account, which is relevant to data protection legislation, shall be deleted or, to the extent that legal provisions require their retention, blocked and deleted only at the end of the retention period. This is the user's e-mail address, among other things. To the extent that such information is still contained in regular backup files, a manual solution would mean disproportionate efforts. In such cases, the information will be deleted as soon as the backup is overwritten.
2. unikat media GmbH can terminate the contractual relation at any time with a two-week period of notice without giving reasons.
3. The right to termination without notice for important grounds remains unaffected. unikat media GmbH shall be especially, but without limitation, entitled to termination without notice for important grounds in the cases mentioned in Clause 11 Paragraph 1. of these TOU.
4. Notice of termination by unikat media GmbH has to be given in text form (e-mail is sufficient).
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:
They register multiple accounts or transfer their account to third parties contrary to clause 3(2), clause 3(3) and clause 3(5).
They use their account for commercial or advertising purposes contrary to clause 3(4).
They misuse the login details of other users contrary to clause 3(8).
They perform manipulative interventions using software and mechanisms contrary to clause 3(9).
They break the rules of the game set forth in clause 7 and do not desist doing so despite having received a warning. In the event of serious infringements, unikat media GmbH may forgo issuing a warning if it cannot be reasonably expected to continue the contract.
They infringe the copyrights and neighboring rights of third parties as set forth in clause 9.
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. unikat media GmbH makes the applications and the possibility of using the game and the service offers available free of charge and is therefore only liable for willful intent and gross negligence in accordance with the legal provisions.
2. unikat media GmbH shall not be liable for unauthorized access, awareness, dissemination or abuse of personal data, exchanged through service offers, by third parties (e.g. by unauthorized access through hackers). Likewise, unikat media GmbH shall not be liable for information posted by users or for contents on linked web pages of third parties. Clause 12 Paragraph 1. shall remain unaffected.
3. unikat media GmbH shall not be liable for data loss (high score, acquired items etc.) with respect to the game characters if the user closes his or her user account according to Clause 10 Paragraph 1 or cancels the contract otherwise. Liability for data loss in general is limited to the typical restoration costs which would have been incurred in connection with the usual creation of backup copies by the user.
4. According to the current state-of-the-art, data communication via the Internet cannot be guaranteed without errors and/or with permanent availability. unikat media GmbH gives no guarantee whatsoever that the functions of the service offers, including the use of features, are free of technical errors or that the service offers are available at all times.
5. In the event of violations of rights of third parties, particularly of intellectual property rights (e.g. copyrights or trademark rights), which are related to contents disseminated or otherwise made accessible by a user, or which have been caused by a violation of these TOU, the user shall, at first request, have to hold unikat media GmbH, all associated companies, employees, workers and vicarious agents of unikat media GmbH harmless against all claims or other rights of third parties (including the associated costs, such as e.g. reasonable lawyer's and legal expenses) to the extent that the user is to be held responsible for such violation.
Clause 13 Data protection
Clause 14 Final provisions
1. Regulations or General Terms and Conditions of the user which deviate from these TOU shall only be applicable if unikat media GmbH previously approves their applicability in writing.
2. unikat media GmbH shall inform the user when these TOU are to be modified or adapted. Such information shall include the new version of the TOU and the (future) date of entry into force. Any modification shall be preceded by a notification that is sent six weeks ahead (sufficient if sent by e-mail or message system). The user can contradict the modified TOU. If the user does not contradict such modification within six (6) weeks after receipt of the notification, the modifications shall be deemed to have been recognized by the user In the above mentioned notification, unikat media GmbH informs the user expressly about his or her right of objection, the objection period and the consequences of an objection that has not been filed. This modification mechanism shall only apply if unikat media GmbH has a justified interest in the modifications (for example adaptation to amended laws or new legislation) and in no case to a modification of the parties' major obligations.
3. If this provision or another provision of these TOU are or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by mutual agreement between the contracting parties by a provision that comes as close as possible to the intended economic meaning and purpose of the invalid provision in a legally enforceable manner. The aforementioned provision shall apply mutatis mutandis in the event of loopholes.
4. The laws of the Federal Republic of Germany shall apply, with the exclusion of the law of conflicts. The Vienna United Nations Convention on Contracts for the International Sale of Goods (CISG) shall be excluded. The contract language is English.
5. If the user has no place of general jurisdiction in Germany or if he or she moves his or her residence abroad after having concluded the contract or if his or her residence is not known at the point in time when the action is filed, Schwerin shall be the place of jurisdiction for all disputes. Furthermore, unikat media GmbH shall be entitled to sue at the user’s place of jurisdiction.
6. The European Commission offers an Online Dispute Resolution (ODR) Platform at https://ec.europa.eu/consumers/odr/main/. Consumers can use this platform to resolve disputes. However, unikat media GmbH is neither obliged nor willing to participate in a dispute resolution procedure before a consumer mediation entity.
TOU last updated on: 24.05.2018