Effective date: September 1, 2019
1.1 You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Services. You should ask your mobile operator or internet service provider if you are unsure what these charges will be, before you access and/or use our Services.
1.2 There may be times when our Services or any part of them are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.
1.3 Some of our games are advised to be played with headphones. Under no circumstances those games should be played in any situations, that need your undivided attention.
1.4 People with known health problems, physical or mental, should consult a doctor, if using our Services is suitable for them. By all means, if you feel uncomfortable while using our Services, immediately stop playing our games or using our Services.
1.5 Our Services and games, including all updates, are provided as is and as downloaded. A warranty of services cannot be given.
1.6 Our games save the player’s progress on the player’s device. Under no circumstances Mental Home is responsible for the loss or damage of this data.
1.7 WE SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE, OR MALFUNCTION OF THE GAMES OR ANY OF OUR OTHER SERVICES, INCLUDING DAMAGES TO PROPERTY, COMPUTER FAILURE OR MALFUNCTION AND DAMAGES FOR PERSONAL INJURIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. IN NO EVENT SHALL OUR LIABILITY EXCEED THE ACTUAL PRICE PAID BY YOU (IF ANY) FOR THE LICENSE TO USE OUR GAMES OR SERVICES.
1.8 We are not responsible for:
2.1 You must comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our Services.
2.2 You promise that all the information you provide to us on accessing and/or using our Services is and shall remain true, accurate and complete at all times.
2.3 Information, data, software, sound, photographs, graphics, video, tags, or other materials may be sent, uploaded, communicated, transmitted or otherwise made available via our Services by you or another user (“Content”). You understand and agree that all Content that you may be sent when using our Services, whether publicly posted or privately sent, is the sole responsibility of the person that sent the Content. This means that you, not us, are entirely responsible for all Content that you may upload, communicate, transmit or otherwise make available via our Services.
2.4 You agree not to upload, communicate, transmit or otherwise make available any Content:
2.5 You agree that you will not, under any circumstances:
2.6 Mental Home reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time.
2.7 Mental Home assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Services for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Services is at your own risk. By using the Services, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Services.
2.8 The Services may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. Mental Home cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, do not post it on the Services. Mental Home shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit. You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services and/or Mental Home games. Mental Home reserves the right, but has no obligation, to become involved in any way with these disputes.
3.1 We do not guarantee that any of our Services will be available at all times or at any given time or that we will continue to offer all or any of our Services for any particular length of time. We may change and update our Services without notice to you. We make no warranty or representation regarding the availability of our Services and reserve the right to modify or discontinue the Services in our sole discretion without notice, including for example, ceasing a Game or other Service for economic reasons due to a limited number of users continuing to make use of that Game or other Service over time, for technical reasons (such as technical difficulties experienced by us or on the internet) or to allow us to improve user experience. NOTWITHSTANDING ANYTHING TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT ANY OR ALL OF OUR SERVICES MAY BE TERMINATED IN WHOLE OR IN PART AT OUR SOLE DISCRETION WITHOUT NOTICE TO YOU. YOU ASSUME ANY AND ALL RISK OF LOSS ASSOCIATED WITH THE TERMINATION OF OUR SERVICES.
3.2 You understand that the Service is an evolving one. Mental Home may require that you accept updates to the Services and to Mental Home’s games you have installed on your device or computer. You acknowledge and agree that Mental Home may update the Services and Mental Home games, with or without notifying you. You may need to update third party software from time to time in order to receive the Services and play Mental Home games.
4.1 Our Games may include virtual currencies such as lights, jewels, gems, gold (“Virtual Money"), items like "10 games" or services for use with our Games (“Virtual Goods") or paid subscriptions for Virtual Money and/or Virtual Goods (“Subscriptions”). You agree that once purchased Virtual Money, Virtual Goods and/or Subscriptions have no monetary value and can never be exchanged for real money, real goods or real services from us or anyone else. You agree that Virtual Money, Virtual Goods and/or Subscriptions are not transferrable to anyone else and you will not transfer or attempt to transfer any Virtual Money, Virtual Goods and/or Subscriptions to anyone else.
4.2 You do not own Virtual Goods, Virtual Money and/or Subscriptions but instead you purchase a limited personal revocable licence to use them - any balance of Virtual Goods and/or Virtual Money does not reflect any stored value.
4.3 You agree that all sales by us to you of Virtual Money and/or Virtual Goods are final, that we will not refund any transaction once it has been made and that an active Subscription cannot be cancelled during the Subscription period. If you live in the European Union you have certain rights to withdraw from distance purchases; however, please note that when you purchase a licence to use Virtual Goods or Virtual Money from us, you acknowledge and agree that we will begin the provision of the Virtual Goods or Virtual Money to you promptly once your purchase is complete and therefore your right of withdrawal is lost at this point.
4.4 You agree, that...
4.5 We may revise the pricing for Virtual Goods, Virtual Money and/or Subscriptions offered through the Services at any time, but if you have an active Subscription such changes will only take effect following the end of the then-current Subscription period, at which date your Subscription will automatically terminate. We may limit the total amount of Virtual Goods or Virtual Money that may be purchased at any one time, and/or limit the total amount of Virtual Money or Virtual Goods that may be held in your account in the aggregate. You are only allowed to obtain Virtual Money and Virtual Goods from us or our authorized partners through the Services, and not in any other way.
4.6 Depending on your platform, any Virtual Goods, Virtual Money or Subscriptions purchased is purchased from your platform provider and such purchase will be subject to its terms of service and user agreement. Usage rights for each purchase may differ from item to item. If you are unsure about usage rights you should check with your platform before making a purchase. Unless otherwise shown, content available in any in-game store has the same age rating as the game.
5.1 You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to our Services (other than Content which is contributed and owned by players) is owned by or licensed to us.
5.2 Whilst you are in compliance with these terms, we grant you a non-exclusive, non-transferable, personal, revocable limited licence to access and/or use our Services (but not any related object and source code) for your own personal private use, in each case provided that such use is in accordance with these terms. You agree not to use our Services for anything else. These terms also apply to any update or patches which we may release or make available for any of the Services and any such update or patch shall be deemed part of the Services for the purposes of these terms.
5.3 YOU ACKNOWLEDGE AND AGREE THAT, OTHER THAN LICENSE GRANTED TO YOU BY THESE TERMS, YOU SHALL HAVE NO OWNERSHIP OR PROPERTY INTEREST IN ANY OF OUR SERVICES. You must not copy, distribute, make available to the public or create any derivative work from our Services or any part of our Services unless we have first agreed to this in writing.
5.4 In particular, and without limiting the application of paragraph 4.3, you must not make use or available any cheats or technological measures designed to control access to, or elements of, our Services whether on a free of charge basis or otherwise.
5.5 You must not copy, distribute, make available to the public or create any derivative work from any Content belonging to any other user of our Services.
If a dispute arises between you and Mental Home, we strongly encourage you to first contact us directly via email to firstname.lastname@example.org to seek a resolution.
All disputes in widest meaning, about the game itself, the quality of the game and our services must be prior to any other action adressed in written form to us.
You agree that all disputes between you and Mental Home shall be governed by the laws of Austria, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Mental Home must be resolved exclusively by a court located in Vienna, Austria.
Mental Home e.U.
Westbahnstr. 33 int.12a