General Terms and Conditions of Business for gimigames

The following General Terms and Conditions of Business (hereinafter referred to as “terms and conditions”) apply to the use of the gimigames platform for games of skill by yourself (hereinafter referred to as “the player” or “you”).

Gimigames GmbH
Adalbertstr. 5
10999 Berlin

Postal address for customer service:

Gimigames GmbH
c/o Talk2 GmbH
Kasino Str.2
64293 Darmstadt
DE-GERMANY

gimigames is an offer from Gimigames GmbH with registered offices in Berlin, Germany, registered under the registration number HRB 137012 B, to be contacted via our contact form,(hereinafter referred to as “Gimigames” or “us”).

Directors:
Florian Werner
Rafael Razim

Contact:

Contact form
E-Mail :

By registering with gimigames you agree to be bound by these terms and conditions. If you do not agree with these terms and conditions you may not access gimigames. These terms and conditions are the only ones which shall apply, regardless of the country from which you are using gimigames. No other terms and conditions will be accepted.

Please note that you must be 18 years old or older to play a game for money.

General Terms and Conditions for all Players
1. Conditions, registration, contract conclusion
  1. Only adults who are fully able to conduct business transactions will be allowed to participate.
  2. Please note that as a result of the aforesaid restriction, minors shall not be able to assert any claims, particularly those relating to winnings. Therefore if a person was a minor upon registration, he/she will not be able to assert a claim for a payout of winnings after he/she has come of age.
  3. Local governing laws must permit you to play our games and to participate in playing games for money. If this is not the case, you shall not be entitled to use our service. You must observe all laws applicable in the country and/or state of your residence whilst using our games platform. You shall be violating the law if you use our service despite the local laws or provisions restricting or prohibiting the use of our website or as the case may be if you have not yet reached the prescribed minimum age. Please obtain legal advice prior to your registration if you are unsure about the provisions for the use of our service at your registered domicile.
  4. Access to this offer is conditional on the free registration. There is no entitlement to a registration. Gimigames can reject the registration without providing any reason for the refusal.
  5. All obligatory information for the registration process must be completed fully and accurately. In the event that the details change after the registration, you shall be obliged to correct such information without delay. If you fail to communicate a change in your personal information, the most recent data known to Gimigames shall be authoritative. Possible disadvantages from a delayed update of information shall be to your own detriment.
  6. During registration the player must choose a unique player name and a password of his own choice. The Player’s name must not be identical to an email or internet address. The user name must not infringe the rights of third parties or offend public morality. For security reasons the password to be entered must not be the same as the player’s name. You must keep the password secret and particularly refrain from forwarding it to third parties. In the event that an unauthorised third party uses your password to play games and/or make provisions as a result of a violation of your duty of care, this shall be to your own detriment.
  7. It is not permitted to register with Gimigames more than once or to maintain or create more than one membership account. Your membership account is non-transferable.
  8. Gimigames shall reserve the right to make the use of individual games conditional to further stipulations such as minimum age, verifications of payment, number of the previously (successfully) played rounds or particular gaming rules.
  9. Gimigames is not an Internet access provider. You must have access to the Internet to be able to play our platform games and you are personally responsible for the hard and software used being up-to-date and suitable.
  10. A contractual relationship between you and Gimigames shall not commence until your registration has been confirmed by Gimigames. This shall depend on the provisions of these terms and conditions as a general contract. Additionally the terms and other conditions agreed for the participation in the individual games shall be applicable.
  11. Gimigames is entitled to check or have the personal details of the player checked, for instance by requesting suitable official documents from the player and to exclude players who are not entitled to participate. Gimigames shall not accept liability for the legal admissibility of your use of our offer (see 1.3 in this regard).
2. Contract term and termination
  1. The contract shall commence as soon as Gimigames has confirmed the player’s registration. The contract is indefinite and shall end by termination of the Player or Gimigames.
  2. You may terminate the contract with notice at any time at the end of the games in which you are participating. Please contact us through the contact form for the notice of termination. (Please select “Termination of Membership” as your reason for the enquiry).
  3. Gimigames may terminate the contract with a notice period of two weeks before the end of current month.
  4. The statutory right of both parties to terminate the contract without notice for good cause remains unaffected. Gimigames considers there to be good cause for termination particularly if
  - the Player has deliberately provided false information upon registration and/or during the subsequent amendment of his data, or
  - the Player has breached these terms and conditions and Gimigames has unsuccessfully reminded them to comply with the terms and conditions.
3. Contract amendments
4. Description of the scope of performance and the variants of participation, technical requirements and availability
  1. Gimigames will offer selected games on gimigames. The mechanism of the games depends on the relevant instructions for each game, which can be called up on gimigames. Gimigames shall reserve the right to change the selection of the games, the instructions and the terms for the participation in the games from time to time.
  2. The games that we offer are purely games of skill and do not contain a gambling element. Those players who are fastest in their round, e.g. by speed, skill or ability, shall progress. Gimigames therefore recommends that you read the instructions and the FAQ’s of the game to get acquainted with the game before you play.
  3. In general, Gimigames makes a distinction between two different types of members: play money players and real money players. The play money players will be playing for play money for free, whilst the real money players will use real money and can win real money based on skill. For play money players or, as the case may be, real money players, the relevant specific rules under Section II. or III. shall additionally apply.
  4. Gimigames shall guarantee the technical availability of the offer for 95% of the time, calculated over the calendar year. Gimigames shall not include failures in service for which they are not responsible, such as necessary maintenance or as a result of force majeure or technical disruptions to the Internet, into this calculation.
5. Assurances of the Player, forbidden conduct, contractual penalty
  1. By registering you expressly confirm that:
    1. You are over 18 and fully able to conduct business transactions;
    2. The money paid into your gaming account as a real money player, belongs to you and does not originate from criminal or other illegal activity;
    3. You are authorised to issue orders with regard to the payment methods that you are using for payments and payouts;
    4. You are aware that you may lose money if you participate in our real money games;
    5. You are not a citizen of Berlin;
    6. You will not play games for money in a country that prohibits the participation in games of skill in return for real money;
    7. You will ensure, with regard to the applicable law, that you are of a legal age to play for real money, in the event that you wish to play for real money (in particular that you are 21 years of age, if you are residing in Estonia).
  2. Misuse of our service is prohibited. Misuse particularly includes:
    1. deliberately making erroneous, misleading, incorrect or incomplete statements;
    2. opening more than one membership account or creating a membership account with Gimigames without being entitled to do so;
    3. defrauding, manipulating or attempting the aforesaid, in particularly with mechanisms, software or other scripts in connection with the use of our website, which disrupt or could disrupt the performance of our website, or which you may use to achieve better results than by using solely the mouse/keyboard or other adequate input devices such as touch screens or the games control described in the instructions of the game, or negatively influencing the games control of other members of the game;
    4. intentionally creating a disruption/error to influence a game or to prematurely end it;
    5. gaining or attempting to gain an advantage by unfair conduct of any kind, for instance deception of other players, thus endangering fair competition;
    6. cooperating with other players or other persons to the extent that an unwitting, uninvolved player would be at a disadvantage and his/her chances of a fair game or winning would be limited;
    7. infringing other obligations and/or rights arising from statutory provisions, the terms and conditions and instructions of the games.
  3. As far as you are communicating with other members in the provided forums on our website, you are obliged to only exchange information, which
    1. is free of advertising (this includes disguised advertising);
    2. is neither uncalled for, deliberately false, defamatory, demeaning, slanderous, morally objectionable nor pornographic or represents a criminal offence.
    3. does not infringe the rights of third parties;
    4. does not contain viruses, computer programmes or other malware, which could influence the performance of external computers;
    5. does not consist of surveys or chain mail;
    6. does not have the purpose of spreading political, ideological or religious confessions;
    7. does not have the purpose of collating, saving or utilising personal data of members, particularly for business purposes.
  4. Gimigames is entitled, in the event of improper conduct – in particular after one of the above violations – to stop individual games that have already commenced and to refuse to score the result of the relevant member. In the event of a violation of the aforesaid provisions Gimigames shall particularly reserve the right, in addition to existing further statutory and contractual claims, if applicable, to refuse the payout of any winnings and already commenced payments to the credit account.
  5. In the event of misuse, the player shall pay a contractual penalty. The contractual penalty for each violation shall equate to the average monthly turnover of the past three months prior to the payment of the contractual penalty. If the contractual relationship has existed less than three months, the contractual penalty shall equate to the total of all sales previously made. It shall be at the discretion of Gimigames to assert a higher claim for compensation, whereby they shall be entitled to confirm a lower damage or no damage at all. Gimigames shall be entitled to retain credits on your membership account as a result of claims for compensation and the payment of the contractual penalty.
6. Blocking on suspicion
  1. In the event of a suspected violation of law or a violation against these terms and conditions, Gimigames shall be entitled to block players, who are at the root of these suspicions. The right to a termination without notice shall remain unaffected by this.
  2. If a prior reminder is reasonable for Gimigames, the blocking requires Gimigames to issue a prior reminder to give the player the opportunity to remove or to remedy the suspicion. In the event that a prior reminder is unreasonable, e.g. because the blocking is necessary to prevent possible damage to Gimigames or another player, Gimigames shall immediately inform the player of the block and give the player the opportunity to make a statement and to remedy the situation.
  3. In the event that the player can refute the suspicion or the complaint, the block shall be immediately removed.
  4. Gimigames may keep the player blocked if Gimigames is requested to do so by a court or an official authority or the user relationship has expired. The same applies if the deletion or block is necessary to prevent impending damage from Gimigames or another player.
7. Player contents, best lists, foreign content
  1. In the event that you should import contributions to discussions, other materials, photos, ideas for games, improvements etc. into games forums, Gimigames shall save these for you (without taking a legal responsibility for these on your behalf). You must allow Gimigames to do so without a temporal or spatial restriction and free of charge. Gimigames shall reserve the right to delete improper contents and to disclose information in this regard at the request of a court or government.
  2. Gimigames shall reserve the right to publish you player name in the public high-score lists.
  3. Gimigames is not responsible for external content for which Gimigames merely provides access, e.g. through links and/or which are saved for players and therefore shall not accept a legal responsibility or guarantee in this regard.
8. Data protection
9. Limitation of liability
  1. Over the course of the contract Gimigames shall only be liable for damages of the player, (a) which Gimigames or one of their statutory representatives or agents have deliberately caused or by gross negligence, (b) for danger to life, body or health, which are based on a violation by Gimigames or one of their statutory representatives or agents of Gimigames and (c) which are caused by infringements of an obligation, of particular significance to the achievement of the contractual purpose and which the player can and may regularly trust in (cardinal duty).
  2. Gimigames bears unlimited liability in the cases of Paragraph 1 (a) and (b). In the events of Paragraph 1 (c) the claim for compensation is limited to the foreseeable damage typical for such a contract.
  3. In cases other than those stated in Paragraph 1, the liability of Gimigames – is excluded – regardless of the legal grounds.
  4. The aforesaid limitations on liability shall be applicable to all bodies, employees and agents of Gimigames.
10. Responsibility for content
11. Final provisions
  1. German law is applicable with the exclusion of UN Convention on Contracts for the International Sale of Goods (CISG).
  2. The place of performance and exclusive place of jurisdiction is Berlin in Berlin, as far as this is legally admissible.
  3. Oral or written side agreements to this contract do not exist. Amendments to the terms and conditions of contract must be made in writing. This also applies to the waiver or amendment to this written form clause.
  4. If individual provisions of these terms and conditions of contract are or should become fully or partially invalid or impracticable, the remainder of the contract shall not be affected. In the event of such an invalidity or impracticability a provision that comes closest to the financial, legally admissible and practicable provision shall replace the original provision. The same shall apply in the event of a loophole in the provisions.
Special Provisions for Play Money Players
1. The requirement for the participation as a play money player is the registration as such.
2. Upon your registration as a play money player, Gimigames shall credit your account with a virtual play money credit.
3. As the name suggests play money is neither a monetary credit nor does it give an entitlement to any monetary claims against Gimigames. The play money player has no claim to a payout, but can only use the play money to play on gimigames.
4. The play money credit shall expire at the latest six months after registration (time limit for expiry).
5. In certain Gimigames special promotions play money players shall receive a real money bonus. If players do not play real money games within 30 days after receiving the bonus, the real money bonus credit will be deducted from the player’s account. In the event that the amount in the account falls below the original bonus credit, the lower amount shall be deducted. Special terms and conditions for real money bonuses are found in the list of terms and conditions.
Special Provisions for Real Money Players
1. Conditions for participation and registration, credit checks, games restrictions, naming of particularly successful players
  1. According to the legal situation in the USA, citizens of the following states are not allowed to become a Real Money Player: Alaska, Arizona, Arkansas, Connecticut, Delaware, Florida, Illinois, Iowa, Louisiana, Maryland, Missouri, Montana, South Carolina, South Dakota, Tennessee, Vermont.
  2. The conditions for the participation as a real money player require an additional registration as such, including the provision of the necessary data as well as the payment of the agreed fees (fees, wagers and if applicable extraordinary costs relating to payment transactions). These are included in the description of the offered games as well as in the list of terms and conditions.
  3. Gimigames reserves the right to run a suitable credit check on the member and to transmit the relevant personal data to the credit agency.
  4. Following the successful registration as a real money player and after the first payment has been received, Gimigames shall create a player account for the real money player, free of charge. Gimigames shall administrate advance payments and winnings on behalf of the player on his account. The account shall not bear interest.
  5. In certain Gimigames special events real money players shall receive a bonus. The terms and conditions for the bonuses are included in the special conditions for these bonuses.
  6. By registering as a real money player and providing details of his/her bank account or credit card, the player shall grant to Gimigames a direct debit mandate, or as the case may be an authorisation for a sum stipulated by the player in the relevant selected payment method. The player shall irrevocably agree that in the event of non-payment of the debit, his bank shall provide to Gimigames (or an agency instructed by Gimigames with the collection of the receivable) his/her full name, date of birth and the address held there. The player shall further agree that his bank shall transmit the aforesaid data to Gimigames (or an agency instructed by Gimigames with the collection of the receivable) for the purpose of direct debit processing and the collection of the payment and this data shall be saved there until payments have been settled.
  7. Gimigames shall reserve the right to limit the number of participations in certain games to a certain amount of time and to individually or generally to limit the wager per game and/or per day.
  8. As a real money player you agree that, in the event of a 1000 Euros winning or above, exceptional winnings designated as such and in the event of a jackpot, Gimigames may publish, use and copy your player name, photos and recordings of you and the type and total of the winnings related to your participation in the game, free of charge, for advertising purposes, reporting, publishing in printed media, radio, television and internet.
2. Games, wagers, fees
  1. By participating in a game, the real money player l irrevocably instructs Gimigames to debit the wager stipulated at the start of the game and the agreed fees from the players account.
  2. The wager will be due upon participation in a game. The wager shall vary and the member will be notified of the same for the relevant round prior to participation in the game.
  3. After the game has ended, Gimigames will credit a possible win to the player’s account of the winner or winners of the relevant game.
  4. In the event of a delayed start or premature conclusion of the game caused by a technical interruption on part of the player, for which Gimigames is not responsible, the most recent points and winnings status calculated by Gimigames shall be used to calculate the winnings.
3. Payments to the players account
  1. With regard to payments to the player’s account, the minimum and maximum amounts, types of payments, fees (including extraordinary costs for payment transactions, if applicable), listed in the list of terms and conditions, shall apply.
  2. The participation in real money games shall generally be conditional on the relevant receipt of payment. However, Gimigames is entitled to allow the player to participate in the games prior to the receipt of payment. The amounts, wagers and fees are deemed paid to the players account if they have been irrevocably credited to the bank account of Gimigames and have been accounted to the player’s account of the real money player.
  3. Payments must be made exclusively with a statement of the purpose of the payment, which the real money players will receive from Gimigames for this purpose. Gimigames will make every effort to allocate received payments directly to the relevant players accounts.
  4. By making the payment, the player shall additionally provide a security by depositing money (Sections 232 et seq. German Civil Code (BGB)) for claims of Gimigames for payments and the reimbursement of expenses as well as contract penalties and compensation.
  5. Paid amounts may only be used for playing a game with Gimigames and for the fees and commissions of Gimigames.
4. Payouts from the players account
  1. The minimum and maximum accounts, types of payments, fees (including additional costs for payment transactions if applicable), listed in the list of terms and conditions, shall be applicable for payouts of credits from the player’s account.
  2. Bonuses granted by Gimigames (e.g. payment bonuses) and payments as wagers from specials, lotteries or bonus systems cannot be redeemed.
  3. The real money player shall receive the amount for payout via the agreed methods of payment and the data provided by him/her (e.g. account number) with debt-discharging effect for Gimigames. All profile data must be completed by the real money player to receive a payout.
  4. Gimigames expressly indicates that, for security reasons, the payout of credit above a certain threshold (stipulated in the list of terms and conditions) requires an identification check. The payout of amounts below this threshold can also require an identity check. In the event of such checks, the real money player is obliged, in particular, to provide a copy of his identification card or passport in conjunction with a written request for payment and his bank/account details.
  5. In the event that a payout should not possible, Gimigames shall retain the credit, which will bear no interest, on a collective account until the date of expiry under the statute of limitations. The time limit for the claim for payment under the statute of limitations expires after three years. The expiry under the statute of limitations shall commence at the end of the year in which the players account was deleted.
  6. In the event that a real money credit is still held on your players account at the time of termination, Gimigames shall pay out the outstanding amount with a processing time of up to 30 working days. As a payout shall generally only be made above the threshold stipulated in the list of conditions, a credit below this threshold shall expire on termination without compensation.
  7. In the event that the real money player should not play a game by placing a real money wager over the course of 6 months, Gimigames shall request the member to contact them within 30 days. In the event that the relevant real money player does not contact Gimigames within this time limit, despite the request from Gimigames, the remaining credit shall be frozen on the relevant player’s account of Gimigames. A relevant fee will be charged in accordance with the list of terms and conditions.

Cancellation rights

Right to cancellation

You may cancel your agreement to this contract within two weeks without providing a reason in writing (e.g. letter, fax, email). The time limit shall commence on receipt of this notification, however not prior to the contract conclusion and also not prior to the fulfilment of our duty of information in accordance with Section 312 c Para. 2 German Civil Code (BGB) in conjunction with Section 1 Para. 1, 2 and 4 German Civil Code - Information Order (BGB-InfoV) as well as our obligations in accordance with Section 312e Para. 1 Clause 1 German Civil Code (BGB) in conjunction with Section 3 German Civil Code - Information Order (BGB-InfoV). The sending of the notice of cancellation within the time limit shall suffice to maintain the time limit for cancellation. The notice of cancellation must be sent to:

Gimigames GmbH
c/o Talk2 GmbH
Kasino Str.2
64293 Darmstadt
DE-GERMANY

Consequences of cancellation

In the event of a legally effective cancellation the benefits and profits (e.g. interest) on both parts must be compensated. In the event that you are unable to recompense fully or partially or only in a deteriorated manner, you may be liable for compensation of the value, if applicable. As a result you may nonetheless have to pay the contractual payment obligations for the period up to the cancellation.

Obligations for the reimbursement of payments must be fulfilled within 30 days. Your time limit shall commence once your have sent your notice of cancellation, our time limit shall commence on the receipt of the same.

Special information

Your right to cancel shall expire prematurely should you expressly request the service to be started and thus the contract to be concluded before the cancellation period.

End of the notice of rescission

Berlin, 02.11.2011