Terms of Service and Withdrawal Policy for Consumers
Not even we can do without the small print. On this website, you will find the rules for using the Pixel Breeders and other services provided by Benjamin Lochmann New Media GmbH - the Terms of Service (also called "ToS") governing the contractual relationship between Benjamin Lochmann New Media GmbH and the natural and legal persons using Benjamin Lochmann New Media GmbH's services (in the following called "Users").
Benjamin Lochmann New Media GmbH's Pixel Breeders helps Users to build a Twitch extension free of charge, without the need for any prior programming knowledge. Professional design and a number of additional features have already been included, and Users will be provided their own Avatar for breeding purpose.
Benjamin Lochmann New Media GmbH (in the following referred to as "Pixel Maniacs"), represented by the Managing Director Mr. Benjamin Lochmann, has its registered seat in Virchowstrasse 20 b, 90409 Nuremberg / GERMANY; please find further information such as contact details and commercial register data in our imprint.
2.1. These ToS apply to the services provided by Pixel Maniacs.
2.2. Pixel Maniacs will in no case accept any covenants related to these ToS, nor any terms and conditions of the User that deviate from these ToS, which will be considered invalid except to the extent explicitly endorsed by webme in text form. The same applies to a waiver of the requirement of the text form.
2.3. Pixel Maniacs may provide the User with tools or software, which may require the User to accept separate terms of service. In this case, Pixel Maniacs will alert the user of such requirement in a clearly recognizable way.
2.4. The User has no legal claim for closure of an agreement with Pixel Maniacs.
2.6. By subscribing, the User guarantees Pixel Maniacs that he or she has reached the age of 13 and is sufficiently aware of the consequences of the collection, processing and storage of his or her personal data. Underage users also assert a corresponding consent for use of the services of Pixel Maniacs given by their legal guardians (usually the parents).
3. Right of Withdrawal
You have the right to withdraw from this contract anytime without giving any reason.
To exercise the right of withdrawal, you must inform us (Benjamin Lochmann New Media GmbH, Virchowstrasse 20 b, 90409 Nuremberg / GERMANY, info[at]pixel-maniacs.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
- To (Benjamin Lochmann New Media GmbH, Virchowstrasse 20 b, 90409 Nuremberg / GERMANY, info[at]pixel-maniacs.com),
- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of the following goods (*)/for the provision of the following service (*),
- Ordered on (*)/received on (*),
- Twitch Name / ID of consumer(s),
- Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.
4. Services provided by Pixel Maniacs: Pixel Breeders
4.1. Pixel Maniacs' Pixel Breeders helps registered Users to build a Twitch extension free of charge and without the need for any prior programming knowledge.
4.2. You can learn more about the exact scope of services provided with the Pixel Breeders from the current version of the Service Description as in effect at any given time, which you can find at https://pixel-breeders.com.
4.3. Pixel Maniacs reserves the the right to extend, change or limit functions on the following reasons:
- if the changes are merely beneficial for users;
- if the changes serve to adjust the services with the applicable law, in particular if the legal situation changes;
- if the changes serve to comply with compelling legal or regulatory judgments;
- the respective change is necessary so far as to close existing security gaps;
- if the changes are of a purely technical or procedural nature with no significant impact for the user. Changes with only an insignificant impact on existing features do not represent "Changes in Service" as understood within limits of these ToS. This applies especially to changes of purely optical kind and mere changes in the arrangement of functions.
4.4. Using Pixel Maniacs' Pixel Breeders requires prior subscription. Sending your subscription constitutes your offer of contract to Pixel Maniacs for the conclusion of an agreement for use of the Pixel Breeders. As soon as Pixel Maniacs confirms your subscription, an agreement between you and Pixel Maniacs is being entered into.
5. Granting of User Rights
5.1. Pixel Maniacs may provide the User with tools, programs, codes or scripts which are subject to industrial property rights of Pixel Maniacs and/or third parties. Pixel Maniacs grants the User a non-exclusive, non-perpetual license, which may not be sublicensed to third parties, for the term of the contractual relationship.
5.2. Save as otherwise provided by law, particularly in Section 69 e of the German Copyright Law, the User is not permitted to disassemble or otherwise reduce to a human-readable form such tools, programs, codes or scripts, or use them for other purposes than those contractually agreed. Any other use is subject to Pixel Maniacs' express prior permission, at least in text form.
5.3. With regard to Open Source Software, the provisions of this section will not apply, whereas the according licensing terms will apply exclusively.
5.4. Apart from that, the licensing terms of the respective software publisher will apply.
5.5. The use of texts, pictures, audio and audio-visual contents or other contents provided to the User by Pixel Maniacs is limited to the term of the contractual relationship and exclusively subject to the contract. Any other use is not permitted.
6. Granting of Rights on your Content
6.1. The rights you grant in this license are for the limited purpose of operating, promoting, and improving Pixel Maniacs' services.
6.2. You retain ownership of any intellectual property rights that you hold in that content.
6.3. When you upload or otherwise submit content to our Services, you give Pixel Maniacs (and those we work with) a worldwide license to use, host, store, distribute, reproduce, communicate, publicly display, modify such content.
6.4. Make sure you have the necessary rights to grant Pixel Maniacs this license for any content that you submit to our Services.
7. User's Obligations
7.1. The personal data requested to be entered during subscription must be indicated completely and truly. The User agrees to update, in each case and without undue delay, the personal data stored by Pixel Maniacs should any change of this data occur. The User will be held liable for any and all losses incurred by webme arising from incorrect or outdated personal data due to misrepresentation by the User.
7.2. The User agrees to comply with applicable law in using the Pixel Breeders and other Pixel Maniacs services. Pixel Maniacs hereby explicitly notifies the User that the User is solely responsible and liable for any content created by the User. Pixel Maniacs is not obliged to investigate the User's profile for illegal content of any kind. With no exception, for it is in particular prohibited:
- To publish or distribute contents that violate applicable laws and regulations for the protection of minors, criminal or other laws or accepted principles of morality;
- To publish or distribute contents that infringe copy rights, trademark rights, personal rights or any other third party rights;
- To use the services for purposes of "spamming", e.g. distribution of "junk email", "chain letters" or unsolicited emails of any other kind;
- Automatic readout by third partys of accounts created with the Pixel Breeders (e.g. by crawlers or spiders) is only permitted with Pixel Maniacs' prior consent.
7.3. Any and all User activities which aim to disable the functionality of Pixel Maniacs' infrastructure or obstruct use of the same are prohibited and may give rise to prosecution under civil or criminal law. In particular, the User is obliged to use Pixel Breeders in a way that will not expose Pixel Maniacs' infrastructure to excessive load. It is not permitted to partially or wholly integrate any Pixels that have been created with the Pixel Breeders into other platforms than Twitch.
7.4. Pixel Maniacs reserves the right to include Pixel Maniacs' and/or third party advertisements inside Twitch chat by Users of the Pixel Breeders to the extent reasonable for the user. The User is not permitted to cross fade or in any other way sabotage such advertisements.
The User is not permitted to include own advertisement created with the Pixel Breedeers without Pixel Maniacs' express approval. Pixel Maniacs is entitled to take offline any account that do not comply with this provision.
7.5. In the event that there are specific clues that the User is in breach of applicable law, or these ToS or any other agreement with Pixel Maniacs or has violated third party rights, or in case of any other legitimate interest, Pixel Maniacs is, in consideration of the legitimate interests of the User and with a reasonable pre-information, entitled to
- block access to or remove from the web certain contents of the User, where appropriate without prior information to the User,
- block access to or remove all content of the User or
- block access to the account.
7.6. Grave or repeated misconduct on part of the User will, in consideration of the legitimate interests of the User, entitle Pixel Maniacs to terminate the agreement without notice and may give rise to additional proceedings under civil or criminal law against the User.
8. Term and Termination
8.1. The license agreement for the Pixel Breeders applies without any time limit and may be terminated by the User any time, also by Pixel Maniacs with two weeks' notice without giving reasons.
8.2. Both Pixel Maniacs and the User reserve the right to terminate the agreement without notice for cause. Reason for a termination for cause on part of Pixel Maniacs will exist particularly in the event that
- The User seriously violates his obligations under No. 7 of these ToS;
- Pixel Maniacs discontinue their business.
8.3. If a license agreement with a User has been terminated by Pixel Maniacs, re-registration of the same User with Pixel Maniacs requires Pixel Maniacs' prior approval, which must be issued at least in text form (i.e. by email or letter) and include an express reference to the previous termination.
9. Availability and System Integrity
9.1. The right to use the services provided by Pixel Maniacs depends only on the current state of the technology. Pixel Maniacs explicitly notifies the User that 100 per cent availability of websites and other services is technically impossible. Technical problems such as power cuts, or hardware or software problems may temporarily limit availability of the services. The services provided by Pixel Maniacs may be limited or affected by circumstances beyond Pixel Maniacs' control. This includes in particular acts of third parties not contracted by Pixel Maniacs, technical conditions of the internet beyond Pixel Maniacs' control, and events of force majeure. Insofar and to the extent that said circumstances affect the availability or functionality of services provided by Pixel Maniacs, this will not affect the contractual conformity of such services provided by Pixel Maniacs.
9.2. Pixel Maniacs may limit the services to the extent necessary for reasons of capacity limits, security or integrity of the servers or software or to implement technical measures and such limitation serves the due or improved performance of the services (e.g. maintenance work). In so doing, Pixel Maniacs will duly consider the legitimate interest of the user, for example - wherever practicable - by providing corresponding information prior to limiting the service. Pixel Maniacs will to the best possible extent effect any maintenance work during times when utilization is low.
9.3. The User agrees not to apply any software, scripts or any other mechanism or measure which could affect functionality or performance of the infrastructure utilized by Pixel Maniacs. The User further agrees not to apply any software, scripts or any other mechanism or measure which might result in excessive or unreasonable load upon Pixel Maniacs' infrastructure.
9.4. The User is aware that web based contents storage includes a risk of data loss. In his own interest, the User is responsible to backup his/her contents and data to a sufficient extent.
9.5. In other respects, the statutory rules for warranty claims shall apply.
10. Limitation of Liability
10.1. The following exclusions and limitations of liability apply with regard to Pixel Maniacs' liability for damage compensation, notwithstanding the other legal claim requirements.
10.2. Pixel Maniacs assumes unlimited liability if the cause of the damage is the result of intent or gross negligence.
10.3. Furthermore, Pixel Maniacs assumes liability for the slightly negligent breach of significant duties, whose breach places the achievement of the purpose of the Agreement at risk, or for the breach of duties whose fulfillment generally enables the execution of the Agreement and on whose compliance they regularly rely. However, in this case, Pixel Maniacs shall only be liable for the foreseeable damage that might typically occur under the Agreement. Pixel Maniacs is not liable for the slightly negligent breach of duties other than those stated in the above-mentioned sentences.
10.4. The above-mentioned limitations of liability do not apply for loss of life, bodily injury or damages to health for a defect after assumption of a guarantee for the nature of the product and for fraudulent concealment of defects. Liability pursuant to the Product Liability Act remains unaffected.
10.5.If Pixel Maniacs' liability is excluded or limited, this also applies for personal liability of employees, representatives, agents or assistants.
11.1. The User shall indemnify Pixel Maniacs against any and all third party claims arising from or in con-nection with a violation of third party rights by the Avatar created by the User, including any and all defense costs, lawyer's costs and costs of court to the full extent permitted by law. This obligation for indemnification shall only apply to the extent that the User is responsible for the violation of third party rights.
11.2. In the event of any claims being asserted against Pixel Maniacs on the grounds of Avatars created by the User or any other services provided by Pixel Maniacs and taken up by the User, the User shall make available to Pixel Maniacs without undue delay correct and complete information as necessary to investigate and defend such claims.
13. Alteration of Service or Amendments to the Conditions
13.1. Pixel Maniacs reserves the right to change the ToS at any time with effect from a future date. The changes will be made only on the following reasonable grounds:
- if the changes serve to adjust the ToS with the applicable law, in particular if the legal situation changes;
- if the changes serve to comply with compelling legal or regulatory judgments;
- if the changes are required because of entirely new services or service elements or technical or organizational processes, which require a description in the ToS and if in this case the contractual relationship with the user will not be affected;
- if the changes are merely beneficial for users.
13.2. In such cases, the User will be notified of the amendment as well as on the consequence in the change notification and the revised version of the ToS will be sent to the User's Twitch account as recorded by Pixel Maniacs no later than four weeks before the coming into effect of the amended ToS. In the event that the User fails to notify Pixel Maniacs of his or her disapproval of the new ToS within four weeks after having received this notification, the amended ToS will be considered as accepted by the User.
13.3. If the User notifies Pixel Maniacs of his/her disapproval in due time, Pixel Maniacs is entitled to terminate the license agreement as per the date on which the amended General Terms and Conditions shall come into effect. Pixel Maniacs will inform the User of the consequences of his/her failure to notify Pixel Maniacs of his/her disapproval together with the notification of change.
14. Final Provisions
14.1. Pixel Maniacs will submit all information and notices related to the contractual relationship between Pixel Maniacs and the User to the User's Twitch account as provided to Pixel Maniacs via User. The User will regularly check this account.
14.2. For users who are not consumers (e.g. entrepreneurs) German law applies exclusively.
14.3. The contractual languages shall be English and German.
14.4. Sole place of jurisdiction for contracts with merchants, legal entities under public law or special funds under public law is the court competent forPixel Maniacs' registered office.
14.5. Complaint Procedure via Online Dispute Resolution for Consumers (ODR): https://ec.europa.eu/consumers/odr/. We are not obliged and not willing to participate in an alternative dispute resolution (ADR) before a consumer complaint office that is appointed as an ADR-entity.