Terms of Service
Welcome to Cold Comfort.
TLDR – What this is about
This page explains our Terms of Service. When you use coldcomfortgame.com, you’re agreeing to all the rules on this page. Some of them need to be expressed in legal language, but we’ve done our best to offer you clear and simple explanations.
Gamma Minus – The owner of the web pages in this text is Gamma Minus UG (haftungsbeschränkt), referred to as Gamma Minus.
User – any person that uses these web pages.
Coldcomfortgame.com – web page that offers its visitors the possibility of using different contents and services, in accordance with the hereby set rules. (hereinafter: “coldcomfortgame.com” or “these web pages”)
Coldcomfortgame.com is free of charge to all users.
Gamma Minus, as an owner of these web pages, reserves the right to occasionally not be available to the users due to various technical difficulties that could not be under staff’s or representatives’ control.
Gamma Minus, as an owner of these web pages, reserves the right to change the Terms of Service without any prior notice.
The use of coldcomfortgame.com implies the acceptance of these Terms of Service.
Coldcomfortgame.com is not directed to children. Access to and use of these web pages is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use coldcomfortgame.com. Any person who registers as a user or provides their personal information represents that they are 13 years of age or older (16 years or older in the European Union).
The web page coldcomfortgame.com and all its accompanying services are available under the condition that you may conclude a legal contract regulated by the applicable laws.
Rules and Terms of Service
This agreement is contracted between Gamma Minus and any natural person or legal entity, company, association, agency or a third party that intends to use these pages, (hereinafter: „User“ or “You”). By using these web pages you automatically abide to the following Terms of Service (hereinafter: “Terms of Service”). If you do not agree with the stated Terms of Service, please do not use our web pages. We reserve the right to change, add or remove parts or whole Terms of Service at any given time. Thus, you are requested to check these terms periodically.
Upon the use of these pages you are requested to ensure the completeness, authenticity and accuracy of the data provided. Gamma Minus ensures the privacy of your personal data stipulated by the Personal Data Protection Law and that your data will be used only for the purpose of data exchange among users. By using these web pages you agree to enclose the provided data/information to all who show interest in them, in accordance with these rules and Terms of Service.
The user agrees to provide his/her e-mail address to Gamma Minus for the purpose of delivering bills for future services of shopping provided by these web pages as well as for the purpose of sending other written notifications.
These Terms of Service are the entire agreement between the owners and creators of coldcomfortgame.com and you. If any part of this agreement is invalid, the rest of it will remain in effect. If Gamma Minus waives or fails to enforce any term or condition of these Terms of Service on any one or more occasions, whether by conduct or otherwise, its waiver or failure to enforce will not mean that it must waive or cannot enforce such term or condition on any other occasion, or any other term or condition of this agreement. The meaning of these Terms of Service cannot be changed by your or Gamma Minus’ conduct, even if repeated, or by any custom or practice of others engaged in the same or similar businesses.
The license granted herein is nonexclusive, personal to you and nontransferable.
- Except as you may be expressly permitted by this agreement, you may not use, modify, adapt, reformat, download, upload, post, reproduce, broadcast, publish, display, perform, transfer or redistribute any materials in any form, format or media or by means of any technology without obtaining the prior written authorization of the owners and creators of coldcomfortgame.com and any other owner of the Intellectual Property Rights in such materials.
- If you use materials from these web pages, you must preserve any copyright, trademark or other notices contained in or associated with them. This means, among other things, that if the specific material you are using does not contain the relevant notices that appear on the web pages, you must go to the place on the web pages where such notices appear and copy them into the materials you are reproducing.
- Except as stated herein, none of the materials may be copied, reproduced, distributed, republished, transferred, sold, used to create derivative works, performed, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written consent of Gamma Minus or the respective copyright owner.
- Permission is granted to display and download contents of coldcomfortgame.com for personal, non-commercial and informational use only; provided that you do not, without the permission of Gamma Minus or the respective copyright owner, alter the contents to display the contents without the Cold Comfort copyright notice and these intellectual property guidelines.
- Any unauthorized use of intellectual property will terminate the user’s subscription and violate applicable law. All violations will be prosecuted and all infringing parties will be pursued to the full extent of the law. If you wish to request permission to reproduce materials from these web pages for other than the specifically authorized educational purpose, or if you have any questions about the proper way to include such notices, contact the owners and creators of coldcomfortgame.com.
User Account and Password
Coldcomfortgame.com can offer to open a user account if you agree to register. When opening a user account on these web pages you will chose a username that must be unique and you will be given a password with an additional possibility of change or you will chose a password yourself. Your responsibilities are to (a) safeguard the secrecy of your username and password; and to (b) immediately notify Gamma Minus in case of any unauthorized use of your user account or any other security violation.
Limitations of Use
You agree not to use coldcomfortgame.com web page for any of the following purposes or activities:
The creation, transmission or posting of any message, data, information, text, software, graphics, files, materials or other content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, harassing, threatening harmful, invasive of privacy or publicity rights;
Interference with or disruption to the software’s services or network, including, but not limited to, attempting to gain unauthorized access to the service, other accounts, computer systems or networks connected to the service, through password mining or any other means;
To transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancel-bots, or any other harmful, destructive or deleterious programs;
In connection with any pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages;
changing, destroying or erasing the content that is not your property
sending e-mail contents that you have no right to send, that is sending e-mails that endangers patents, logos, business secrets, copyrights or any other intellectual or other properties
To impersonate another or create a false identity or otherwise misrepresent an affiliation with a person or entity;
To cause harm to minors;
To infringe another’s patent, trademark, copyright, trade secret, or other intellectual property;
To violate another’s privacy or stalk; to defame another individual or entity.
To violate any applicable laws, statutes or regulations on a state’s, regional or international law level
To create, duplicate or transmit any pornography
endangerment of any operational rules, protection or instructions of your web service provider or web service
Gamma Minus puts all efforts to offer its users quality service for which it retains the right to edit, change or delete contents of these web pages.
The user agrees:
not to use these web pages for violation of copyrights, copyrights, logos or send hidden or coded messages
that all information including photographs, after the transfer of data on these pages, become the property of Gamma Minus
that the persons who support and maintain these web pages as well as the owners of these web pages are not to be held responsible for the possible damages that can happen during the automatic processing of data or data display
You expressly acknowledge and agree that the web pages contain information, text, software, photos, video, graphics, music, sounds and other material (called “Materials”) that are protected by copyrights, trademarks, trade secrets, patents or other proprietary rights (called “Intellectual Property Rights”), that these Intellectual Property Rights are valid and protected in all forms, media and technologies existing now or developed later, and that all right, title and interest in and to these Materials, including but not limited to all Intellectual Property Rights, belong solely and exclusively to the owners and creators of coldcomfortgame.com.
In addition to the mentioned authorization, it is not permitted to:
use, copy, edit, display, delete, distribute, download, save, reproduce, send, disclose, sell, resell, adapt or derive versions of Materials or transfer in any way as well as commercially use any given content or whole pages
use Materials on other internet pages or media
You agree that the contents of these pages are the property of the owner Gamma Minus and that coldcomfortgame.com gives you a limited, nonexclusive, non-negotiable, cancellable permit to browse and occasionally download materials from these pages, not for commercial purposes but exclusively for your personal use or for the use within your organization.
Exclusions from Use, Reimbursement
Gamma Minus reserves the right to exclude from further use of these pages any user who violates in any way the rules and Terms of Service, obstructs the activity of the pages or abuses the rights of the owner and other users. Gamma Minus reserves the right to exclude from further use of these pages the user who misuses the disclosed data, particularly in a sense of copying the content published on these pages or uses these web pages in any unauthorized way; particularly in a sense of copying the content published on these web pages. Gamma Minus can, in addition to excluding such a user, demand a reimbursement for the damages done which includes proprietary and non-proprietary damage as well as loss of profit, all in accordance with the Law on Obligatory Relations.
Coldcomfortgame.com can contain links to other web pages. Gamma Minus has no control on such pages or resources. You agree upon the fact that Gamma Minus is not responsible for the contents and availability of such pages and resources.
Gamma Minus does not guarantee:
jurisdiction and capability of the counter party in concluding the agreement; the validity, completeness and accuracy of the user’s personal data
that there will be no errors on the pages or that they will function without interruption at any time
that the third party will legally use these pages at all times.
Gamma Minus is, within legal bounds, excluded from any damages, loss or injury that can derive directly or indirectly due to:
the use of this web page
the use of the links on this web page
the information on this web page
the procedures that are or are not undertaken in relation to the information on this web page
the use, inability to use or misuse any of the above mentioned pages
Gamma Minus cannot bear responsibilities for any content displayed on the third parties’ pages on which an occasional access can be granted. Any such access cannot be interpreted as establishing a relationship with Gamma Minus or supporting such pages from the side of coldcomfortgame.com. This web page can contain links to other pages, but Gamma Minus is not responsible for the services or products obtained in that way. Coldcomfortgame.com can occasionally be unavailable due to the various technical difficulties. Gamma Minus does not bear responsibility for any legal procedure or complaint against a user based on the abuse of any copyright or intellectual property right.
Gamma Minus is not responsible for the damages or loss made through the use of these pages (such as financial loss) and that can be caused by the errors on the page. Furthermore, Gamma Minus does not give any guarantee for the information given in advertisements or on any other web pages which can be reached through these web pages.
You are compliant that Gamma Minus and you are the independent contractors of these Terms of Service. If you should endanger these Terms of Service or any other rights we reserve the right to initiate a criminal procedure or file a law suit against you as well as request a claim. If you should not agree upon our Terms of Service of coldcomfortgame.com web pages, please leave these web pages and restrain from further use of our services.
In cases of dispute between the Gamma Minus an individual user or a third damaged party, District Court Paderborn is the competent authority to address. If you noticed any discrepancies of the Terms of Service, please report them to us.
Termination of this Agreement
The owners and creators of coldcomfortgame.com may, in their sole and absolute discretion, and with or without notice, suspend or terminate your access to the software, or terminate this agreement and thus your rights to use the web pages, for any conduct or use that Gamma Minus believes is a violation of these Terms of Service or for any other conduct or use that the owners and creators of coldcomfortgame.com believes is harmful to other users or to the web pages or the interests of Gamma Minus.
Indemnification by You
You agree to defend, indemnify and hold harmless the owners and creators of coldcomfortgame.com and its related parties from any claims and expenses, including reasonable attorney’s fees, related to any violation of these Terms of Service by your use of the web pages, or in connection with the placement or transmission by you of any material using the web pages except as expressly authorized in these Terms of Service.
Gamma Minus may give notice to you by electronic mail. Notice by Gamma Minus shall be effective on the date that Gamma Minus make a good faith effort to reach you. You shall give notice to Gamma Minus as stated below. Notice by you shall be effective on the date that Gamma Minus actually receives the notice.
For further information or support regarding these web pages, you are encouraged to contact the owners via [email protected].
This agreement is personal to you, and you may not assign, transfer or delegate your rights or obligations to anyone.
In the event that any provision of these Terms of Service is held to be invalid or unenforceable, pursuant to judicial decree or decision, the remainder of this agreement shall remain valid and enforceable according to its terms.
You acknowledge that Gamma Minus will be irreparably harmed by any breach of these Terms of Service by you or by your unauthorized use of the materials or the web pages and, further, that monetary damages may not be a sufficient remedy for such harm. You agree that Gamma Minus shall be entitled, without waiving any other rights or remedies and without further demonstration of irreparable harm or the inadequacy of monetary damages, to obtain disjunctive or other equitable relief in the event of any breach of these Terms of Service by you or by your unauthorized use of the materials or the web pages.