TERMS OF SERVICE
for the SEED Community Portal
KLANG GAMES GMBH
Last Updated: May 2, 2023
Before you and your seedlings can start, we want to make you aware of the following Terms of Service. We know this is not the most fun way to spend your time, but it is important that we as a community abide by these rules.
All set? Then we're ready to get started.
These Terms of Service (also the “Agreement”) govern the contractual relationship between you (hereinafter also referred to as “you” or the “User”) and KLANG GAMES GMBH, Oranienstraße 164, 10969 Berlin, Germany (hereinafter referred to as “we” “us” or “KLANG”) as the provider of the SEED Community Portal.
KLANG keeps these Terms of Service available in their then-current form on the SEED Community Portal via https://seed.game. Please ensure to always keep a copy of these Terms of Service, as access to versions that are no longer applicable may be restricted.
Terms and conditions of the User which deviate from these conditions shall not apply if they have not been confirmed by us in writing.
Any capitalized terms not otherwise defined in these Terms of Service have the meanings set out below. Any reference to the singular includes a reference to the plural and vice versa, and any reference to the masculine includes a reference to the feminine and vice versa, and (unless the context clearly indicates the contrary) the words “including” and “in particular” shall be deemed to be followed by the words “without limitation”.
1.1 SEED Community Portal: is an online portal available via https://seed.game providing Users access to collaborative games. On the SEED Community Portal, you have the possibility to participate in Games and connect and communicate with other users. For the purposes of this Agreement, any references to the SEED Community Portal include the Game(s) provided via the SEED Community Portal even without express reference.
1.2 Game(s): means the games provided via the SEED Community Portal, which may require installation of additional software and data on the user device, which may be subject to additional Terms of Service and license agreements. Currently, KLANG offers its users to participate in the Game SEED under the terms of this Agreement
1.3 SEED: SEED is a Game provided by KLANG which is in development and may only be played as test-version, subject to additional terms and conditions and requirements communicated via the SEED Community Portal.
2. General Provisions and Subject Matter
2.1 The use of the SEED Community Portal requires an end user device with an Internet connection and a current Internet browser. You are responsible for providing and configuring the required browser and/or other software.
2.2 Participating in Games requires the installation of additional software on your end user device. KLANG does not warrant the compatibility with any particular end user device for such software.
2.3 You must be over the age of eighteen (18) or the age of legal majority where you reside if that jurisdiction has an older age of majority to register for the SEED Community Portal and participate in Games. You hereby affirm that you satisfy these age requirements.
2.4 Communication between KLANG and you will take place exclusively via email or after registration via messages within the SEED Community Portal. Statements and information sent to you by email will be deemed to have been received as soon as they are received on your email server and you can retrieve them under normal circumstances. Further information on the use of the SEED Community Portal can be found on the SEED Community Portal.
2.5 The access to the SEED Community Portal does not automatically grant you access to certain Games. KLANG may in its own discretion invite users to participate in Games and make such access subject to user’s compliance with further requirements and/or acceptance of additional terms and agreements.
3. Registration, Conclusion of the User Agreement and User Account
3.2 By registering your user account on the SEED Community Portal, we make you an offer to enter into an agreement with KLANG. By activating the checkboxes you agree to these Terms of Service and by clicking “SIGN UP”, you accept our offer. The language of the agreement is English.
3.3 For accepting and using your registered account on the SEED Community Portal a valid email address is required, to which we will send you a link to confirm your registration.
3.4 You must (i) carefully store your password, protect it from unauthorized access, and prohibit use by third parties; (ii) not gain access to the SEED Community Portal by any means other than through your personal user account; (iii) not circumvent or disclose the authentication or security of your user account; (iv) not use a false identity or credentials of another user to gain access to any account on the Community Portal.
4. Term and Termination of the User Agreement
4.1 The user agreement between you and KLANG comes into effect upon registration for the SEED Community Portal. You can terminate your user agreement any time by providing a written notice to KLANG, by sending an-mail to firstname.lastname@example.org or by deleting your account via the SEED Community Portal. KLANG will delete your account the latest 14 days after receiving your termination notice.
4.2 KLANG reserves the right to irrevocably deactivate user accounts at any time. In this case, the user agreement will remain in force, and you have the right to terminate the agreement at any time. At your request, we will re-activate your account in our reasonable discretion.
5. User Obligation
5.1 As a User, you are solely responsible for your activities, the content and/or other information you publish, transmit and/or post through the website and/or the services on the SEED Community Portal. You undertake to comply with the relevant statutory provisions (e.g. image rights, third-party publicity rights including the right to privacy, third-party copyright, trademarks and name rights and regulations on the protection of minors).
5.2 You undertake to provide correct and complete information required for the registration of your user account, and to keep this information up to date always. You are obliged to inform us immediately if your email address is deleted or changed.
5.3 If you suspect or have knowledge that your password has been misused or a third party has knowledge of your credentials and/or misuses your account, you are obliged to change your password immediately and contact us.
5.4 The communication language on the SEED Community Portal is English.
6. Terms of Service and Restrictions for User Content
6.1 You agree to use the SEED Community Portal in a manner consistent with all applicable laws, rules and regulations. In connection with your use of the SEED Community Portal, you agree not to do the following:
carry out any illegal form of advertising communication, inadmissible advertising or commercial addressing of third parties;
sending spam, chain letters or junk emails;
use any robot, spider, scraper, site search/retrieval application or other manual or automatic device or process to retrieve, index, perform data mining, or in any way reproduce or circumvent the navigational structure or presentation of the SEED Community Portal, its content or user information;
exploit any part of the SEED Community Portal without our prior written consent by framing or mirroring it;
automatically aggregate the personal data of other Users or other persons without their express consent, whether for commercial or other purposes;
tyrannize, intimidate, insult or harass other users;
to publish content which is despicable or threatening or which calls for violence or contains violence;
use the SEED Community Portal to perform or assist in any unlawful, misleading, malicious, or discriminatory activity;
attempt to entice Users to other portals/platforms;
other misuse of our SEED Community Portal;
disseminate personal information such as telephone numbers, addresses, URLs, email addresses or confidential information of third parties without their consent (commonly referred to as “doxing”);
distribute audio files, text, photos, videos, or other images that contain confidential information of third parties;
falsely impersonate another natural or legal person;
stalk or otherwise harass other users or third parties;
without our express prior written consent, claim or imply that statements made by you are endorsed by SEED Community Portal or KLANG;
publish, distribute or reproduce in any manner whatsoever any copyrighted material, trademarks, service marks, trade secrets, patents, domain names or other proprietary information without obtaining the prior consent of the owner of the copyrighted rights;
remove any copyright, trademark or other proprietary notices contained on the website or SEED Community Portal;
post, offer for download, transmit, advertise or otherwise make available any illegal or infringing software, products or services, including, but not limited to, spyware, adware, unsolicited advertising programs (spamware), unsolicited advertising services, denial of service attack initiation programs, mail bombing programs and unauthorized access programs to networks on the Internet, to post, offer for download, transmit, advertise or otherwise make available any software, products or services that are illegal or violate the rights of third parties;
use any metatags, codes or other methods that link to the SEED Community Portal, its services and/or the website to direct any person to any other website for any purpose; and/or modify, adapt, sublicense, translate, sell, reverse engineer, decrypt, decompile or otherwise disassemble any portion of the SEED Community Portal or any software used on or for the SEED Community Portal;
upload any code that harms us, the SEED Community Portal or any other user or third party or restricts or otherwise affects the functionality of us, the SEED Community Portal or any other user or third party;
obtain third-party credentials or access an account owned by another User;
take any action that may block, overburden or impair the proper working of the SEED Community Portal or interfere with any services, the website and/or any servers or networks connected to it;
post, download, email or otherwise transmit any material that contains software viruses or other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
6.2 Any of the practices listed above will be considered a violation of these Terms of Service and may result in the immediate termination of your user agreement and account. KLANG reserves the right to use all available legal remedies against users who engage in the above prohibited conduct.
6.3 The provisions set out under this section 6 apply to any medium or space of communication operated or offered by KLANG, such as, but not limited to discord servers, social media or messaging channels (each a “Media Platform”). Failure to comply with the provisions set out hereunder may result in a user’s irrevocable ban from any Media Platform.
Keep it up, you're more than halfway there!
7. Grant of Rights to Content and Rights of Use to the SEED Community Portal and the Game(s)
7.1 All rights to the SEED Community Portal SEED Community Portal and any Games may available through it, in particular SEED, remain the property of KLANG. KLANG grants the User a non-exclusive, non-transferable, non-sublicensable, restricted and limited right to use the SEED Community Portal and any Games only (i) for the shorter of (aa) duration of the user agreement and (bb) the accessibility of the user account, (ii) the purpose set out above, and (iii) in accordance with these Terms of Service.
7.2 If you post your own copyrighted content on the SEED Community Portal, while interacting with any Game, or upon sharing feedback with us in any form, you grant KLANG the non-exclusive, transferable, sublicensable, royalty-free, temporally and territorially unrestricted and unlimited right to use this content for the purpose of providing services on the SEED Community Portal to the extent required. The right of use granted by you includes the right to reproduce the contents technically (e.g. within the scope of providing the SEED Community Portal), to edit them and to make them accessible to other users on the SEED Community Portal. With regard to feedback, KLANG acknowledges that such feedback is provided on an as-is basis without any representations or warranties.
7.3 SEED or any other Game provided on the SEED Community Portal has not been publicly launched yet and is provided solely for testing purposes. KLANG does not warrant the availability of any Game to the User, to store or maintain any of the User’s gameplay data, including User’s avatar(s), in-game assets or any other gameplay data created through User’s interaction with any Game. KLANG may at any time reset any or all gameplay data, or change the mechanics and logic of the gameplay at any time at its sole discretion.
8. Copyright Guidelines
8.1You represent and warrant that you have all necessary rights regarding the content you upload to the SEED Community Portal or while interacting with any Game, (including, but not limited to, photos, texts, videos) and that such contents:
do not violate the rights of third parties (e.g. personal rights, right to one's own image, copyrights);
do not impair third parties in any other way (e.g. by defamation, insult, libel, etc.);
do not violate any other regulations (e.g. the law against unfair trade practices, trademark laws, penal codes) and do not violate these Terms of Service.
8.2 If necessary, we may request you to provide evidence of your ownership of the respective content. KLANG reserves the right to terminate the user agreement with any user who repeatedly infringes the copyrights of others. If you believe that copyrighted works on or through the SEED Community Portal have been copied and/or published in a way that constitutes copyright infringement.
9.1 Compliance with these Terms of Service is of considerable importance for the functionality of the SEED Community Portal. We will therefore impose sanctions in accordance with this section on a User if and to the extent that KLANG has reasonable grounds to believe that a User is in breach of statutory provisions, the rights of third parties, and/or these Terms of Service. In the event of serious personal attacks, insults, defamation and threats, we reserve the right to involve law enforcement authorities.
9.2 When choosing the sanction to be imposed, we will consider the interests of the User concerned and, among other things, whether there has been any misconduct through no fault of our own or whether the infringement has been committed culpably. The following measures and sanctions may be considered by us depending on the severity of the misconduct:
issuing a warning to the User (as mildest remedy);
partial and complete deletion of contents of a User;
requesting proof of the authenticity of the respective profile owner;
restriction on the use of SEED Community Portal;
temporary blocking of the user account;
final blocking of a User and banning a User.
9.3 In the event of a culpable and serious breach of these Terms of Service, we reserve the right to assert claims for damages in the amount of the respective damage.
9.4 In extreme cases, we reserve the right to change, suspend or terminate any account, including any features, content or services, at any time and for any reason. We may also restrict the use of certain services, content or features and/or restrict your access to portions of the SEED Community Portal without notice or liability.
10. Changes to the SEED Community Portal
We reserve the right to change the SEED Community Portal and the functions contained therein to improve the user experience on the SEED Community Portal. We will notify you of any changes. For this purpose, we can remove individual functions from the SEED Community Portal, add new functions or replace existing functions with others.
11. Third Party Content, Courses and User Content
11.1 Subject to these Terms of Service, Users who have the required technology have the opportunity to view all or some of media, text, images, graphics, analysis, research, commentary, opinions, requests, audio, video, photographs, trademarks, logos, news articles and other content provided by and through the SEED Community Portal (together the “Content”). Content is created, distributed and displayed by KLANG and/or third parties. KLANG does not control the content provided by Users and/or third parties that is provided by and through the SEED Community Portal. Such Users and/or third-party providers are responsible for the accuracy, completeness, appropriateness and/or usefulness of such content. Content should not necessarily be relied upon. KLANG makes no representations or warranties that the content and other information published by or through the SEED Community Portal is accurate, complete, current or appropriate. Please use caution, common sense and security awareness when using the SEED Community Portal.
11.2 If you have a complaint, wish to notify KLANG of a dispute, or wish to notify KLANG of any inappropriate use of Content or other information, or of any inaccurate or misleading Content that appears on the SEED Community Portal, please contact us at email@example.com.
12. Limited Liability
12.1 We do not assume any liability for the constant accessibility or availability of the SEED Community Portal and are not liable for downtimes due to necessary maintenance work or new errors, as far as these were not foreseeable and can be reasonably expected from a conscientious average developer.
12.2 An editorial review of the content posted by Users does not take place. We therefore accept no liability for the accuracy, completeness and usability of the information and content of Users or other third parties published on the SEED Community Portal.
12.3 According to the statutory provisions, we are not obliged as a service provider to monitor the content of Users of other third parties or to investigate circumstances that indicate illegal activity. These contents also include links set by you within SEED Community Portal. However, if we become aware of any illegal activity by a User or information within SEED Community Portal, we will immediately remove or disable the User's access to SEED Community Portal.
12.4 We do not check the websites of other providers for their content or legality and can therefore not influence their design. We dissociate ourselves from any unlawful content presented there and are not responsible for the content of any SEED Community Portal to which links are provided. You use the links to third-party websites at your own risk.
12.5 We are exclusively liable for damages caused by ourselves, our legal representatives or our vicarious agents intentionally or grossly negligently. Liability for simple negligence is limited to the violation of essential contractual obligations (“Main Contractual Obligations”). The amount of our liability shall then be limited to the damage foreseeable at the time of conclusion of the agreement and typical for this type of agreement. Main Contractual Obligations are such obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the User as contractual partner may regularly rely.
12.6 As far as our liability is limited according to these Terms of Service, this limitation does not apply in case of injury of body, life and health, as well as in case of liability according to the regulations of product liability laws.
13. Virtual Assets
13.1 Games may include virtual assets that we license in the same scope set out under sections 7 (above), which may possess certain in-game value through their function as in-game currency, or non-fungible asset (such as virtual land). Virtual assets each constitute a limited license permission to use features of Games and may be made available as part of the gameplay at KLANG’s sole discretion. Virtual assets are not redeemable for monetary value from KLANG.
13.2 Each virtual asset that you acquire constitutes a limited license granted to you by KLANG to access and use certain in-game content, applications, services, and various user-created features in Games, and can be traded and/or transferred in Games with other users (and/or KLANG) in exchange for permission to access and use specific content, applications, services, and various user-created features. Virtual assets may not be sublicensed, encumbered, conveyed or made subject to any right of survivorship or other disposition by operation of law or otherwise, and you agree that any attempted disposition in violation of these Terms of Service is null and void. KLANG may revoke any virtual asset(s) at any time without notice, refund or compensation.
13.3 You acknowledge that virtual assets are not currency or any type of currency substitute, financial instrument or asset, and are not redeemable for any sum of money from KLANG at any time. You agree that KLANG has the right to manage, regulate, control, and/or modify the license rights underlying such virtual assets as it sees fit, and may revalue or make such license rights more or less common, valuable, effective, or functional, and that KLANG will have no liability to you based on its exercise of this right. KLANG makes no guarantee as to the nature, quality or value of the features of Games that will be accessible through the use of virtual assets, or the availability or supply of such virtual assets.
13.4 KLANG may offer an exchange functionality as part of a Game through which KLANG may permit virtual assets to be traded by a user or exchanged by a user with another user or with KLANG.
13.5 You acknowledge that such exchange is created solely to enhance your experience while using Games, and that the terms "Buy" and "Sell" may be used to indicate the transfer of content licenses represented by virtual assets. You acknowledge that KLANG may deny, halt, suspend, discontinue, or reverse any order or subsequent transaction at any time in its sole discretion.
13.6 Virtual assets may not be purchased or sold outside of such exchange functionality (if any). Any purchase or sale of virtual assets through any means other than the in-game exchange functionality is not permitted and is considered a violation of these Terms of Service which may result in suspension or termination of your user account.
14. Amendment to these Terms of Service
14.1 KLANG may amend these Terms of Service from time to time and will notify you of any changes by e-mail to the e-mail address associated with you. KLANG will request your consent to the amendments in case of significant changes, which affect the contractual relationship. Insignificant amendments (e.g. amendment required due to changes in law or case law relating to the protection of minors, health protection, tax law etc. or that are necessary to correct contractual imbalances in the relationship between you and KLANG insofar as this is arising after the initial conclusion of the user agreement or for the purpose of adapting to changed legal or technical requirements) shall become part of the agreement unless you object to such amendment in writing or text form within four (4) weeks of receipt of the notification of amendment.
14.2 In case you object to the amendments of the Terms of Service or deny your consent to the significant amendment, we reserve the right to terminate the agreement. We will inform you separately of the significance of this four-week period in the email containing the amended Terms of Service. However, this only applies if you use our services and are registered on the SEED Community Portal at the time the Terms of Service are changed.
Should any provision of these Terms of Service be or become void or ineffective in whole or in part, this shall not affect the effectiveness of the remaining provisions. Any provisions of these Terms of Service that are not included or are invalid shall be replaced by statutory law.
16. Governing Law and Jurisdiction
German law applies exclusively to the agreement between KLANG and the User including these Terms of Service. In the case of consumers, this choice of law shall only apply insofar as this choice of law does not deprive the User of the protections of consumer protection laws where the User has their habitual residence.
16.1 The European Commission provides the Platform for online dispute resolution under the following link: https://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in alternative dispute resolution before a consumer conflict tribunal.
You made it!
Thank you so much for taking the time to plow through this - and now we wish you a lot of fun with SEED.