Terms of Use

Effective date: September 1, 2019

The terms of this agreement (“Terms of Use”) govern the relationship between you and Mental Home e.U. and Hansjörg Mikesch as sole propertarian – hereinafter „Mental Home” or “Us” or „We”- regarding your use of Mental Home’s games, websites and related services. These terms also apply to any other services that we may provide in relation to the Games or the Websites, such as customer support, social media, community channels (we refer to all our Games and other services collectively as the “Services” in these terms). Use of the Services is also governed by Mental Home’s Privacy Policy, which is incorporated herein by reference.

Before accessing or using the Service, including browsing any Mental Home website or accessing a game, you must agree to these Terms of Use and the Privacy Policy. By using the Services, you represent that you are age 13 or older. If you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agreed to these Terms. If you access the Service from a Social Networking Site (“SNS”), such as Facebook or Google+, you shall comply with its terms of service/use as well as these Terms of Use.

BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICES, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICES. USE OF THE SERVICES IS VOID WHERE PROHIBITED.

Mental Home reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Use, by posting a new version online. If we make any material changes, we will post notes in our Services prior to becoming effective. The continued use of our Services after the effective date will be taken as agreement to the new Terms of Use. We encourage you to actively check our Terms of Use for updates. If at any point you do not agree to any portion of the then-current version of our Terms of Use or the Mental Home Privacy Policy your license to use the Services shall immediately terminate, and you must immediately stop using the Services.

1. About accessing and using our Services

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 and/or remotely. 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:

    • losses or harm which are not reasonably foreseeable by you and us at the time of you agreeing to these terms and conditions including those losses which happen as a side effect of foreseeable losses. This could include loss of data, loss of opportunity, service interruption, computer or other device failure or financial loss;

    • any damage that may be caused to any device on which you access or use any of our Games or other Services that is caused in any way by our Services unless that damage is directly caused by our failure to exercise reasonable skill and care in the provision of the applicable Games or other Services;

    • any increase in loss or damage resulting from breach by you of any of these terms and conditions; or
      technical failures or the lack of availability of any of our Services.

2. User conduct and content

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:

    • that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, libellous, obscene or otherwise objectionable;

    • that is or could reasonably be viewed as invasive of another’s privacy;

    • that is likely to, or could reasonably be viewed as likely to incite violence or racial or ethnic hatred;

    • which you do not have a right to make available lawfully (such as inside information, information which belongs to someone else or confidential information);

    • which infringes any intellectual property right or other proprietary right of others;

    • which consists of any unsolicited or unauthorised advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’ or any other form of solicitation; or

    • which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

2.5 You agree that you will not, under any circumstances:

    • Engage in any act that Mental Home deems to be in conflict with the spirit or intent of the Services or make improper use of Mental Homes’s support services.

    • Use or take part (directly or indirectly) in the use of cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Services, any Mental Home game or any Mental Home game experience.

    • Modify or cause to be modified any files that are a part of the Services or any Mental Home game without Mental Home’s express written consent.

    • Disrupt, interfere with or otherwise adversely affect the normal flow of the Services or otherwise act in a manner that may negatively affect other users’ experience when using the Services or playing Mental Home’s games. This includes win trading and any other kind of manipulation of rankings, taking advantage of errors in the Services to gain an unfair edge over other players and any other act that intentionally abuses or goes against the design of the Services.

    • Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“Server”) used to offer or support the Services or any Mental Home game environment.

    • Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Services, or other attempts to disrupt the Services or any other person’s use or enjoyment of the Services.

    • Attempt to gain unauthorized access to the Services or to the computers, Servers, or networks connected to the Services by any means other than the user interface provided by Mental Home, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Services.

    • Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis.

    • Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.

    • Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Mental Home employees, including Mental Home’s customer service representatives.

    • Make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Mental Home employee.

    • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Services or any Mental Home game, or to obtain any information from the Services or any Mental Home game using any method not expressly permitted by Mental Home.

    • Solicit or attempt to solicit personal information from other users of the Services or any Mental Home game.

    • Collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Services.

    • Mental Home reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Use or the Services itself. Mental Home reserves the right to take action as a result, which may include prohibiting you from using the Services in whole or in part.

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 ( without limitation) without further 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.

2.9 You are solely responsible for the information that you post on, through or in connection with the Services and that you provide to others. Mental Home may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Mental Home violates these Terms of Use.

3. Availability of and Updates to the Services

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. Virtual Goods and Virtual Money

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…

    • any risk of loss of Virtual Money, you purchased, is transferred to you upon completion of the purchase; and

    • any risk of loss of other data associated with your Game play (including, without limitation, your progress through the Game, or the level or score you have reached in our Games) is transferred to you immediately at the time such Game play data is generated.

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.

Auto-Renewable Subscriptions

4.7 Some of our Apps on the Apple App Store or Google Playstore will allow you to obtain the benefit of the application on a subscription basis. Payment for such a subscription (which may be for example weekly, monthly or yearly) is facilitated via an in-app purchase from the respective store. The legal relationship associated with the purchase and any consumer or other rights arising therefrom are strictly allocated to the respective store and not Mental Home. When conducting the purchase, recourse is made to the payment options as determined in your user account with the respective store. The payment and general terms of the respective store apply. Mental Home is not a party to the purchase transaction and hereby disclaims any and all obligation, responsibility and/or liability that may arise as a result of the purchase transaction.

4.8 By signing up for an auto renewable subscription in our iOS Apps, you agree that your subscription will be automatically renewed at the end of each paid subscription period, unless you cancel it. Deleting the App from the device does not necessarily result in cancellation of your subscription. For more information how to manage subscriptions please refer to Apple Support at: https://support.apple.com/en-us/HT202039 or Google Support at: https://support.google.com/googlepay/answer/7644008. Where an auto-renewal subscription is offered, the purchase offer will indicate the subscription’s duration, price and terms of payment.

4.9 For auto renewing subscriptions completed in our Apps following terms apply:

    • Payment will be charged to the User’s Account at confirmation of purchase.

    • Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period.

    • Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal.

    • Subscriptions may be managed by the user and auto-renewal may be turned off by going to the User’s Account Settings after purchase.

    • Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that App, where applicable.

    • The User can cancel a free trial or subscription anytime by turning off auto-renewal through his/her App Store account settings. This must be done 24 hours before the end of a free trial or subscription period to avoid being charged. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free service.

    • Cancellation of a subscription and/or of auto-renewal will not entitle the User to any refund.

4.10  Reset or Deletion of User Account

  • A Deletion of your User Account deletes all data, including all paid purchases and cannot be restored.
  • A Reset of your User Account resets the game to Zero, including all Virtual Goods and Money, regardless if purchased or received.

5. Intellectual Property

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.

6. Links

6.1 We may link to third party websites or services from our Services. You understand that we make no promises regarding any content, goods or services provided by such third parties and we do not endorse the same. We are also not responsible to you in relation to any losses or harm caused by such third parties. Any charges you incur in relation to those third parties are your responsibility. You understand that when you provide data to such third parties you are providing it in accordance with their privacy policy (if any) and our own privacy policy does not apply in relation to that data.

7. Dispute Resolution and Law

If a dispute arises between you and Mental Home, we strongly encourage you to first contact us directly via email to info@mentalhome.eu 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 solely 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.

8. Severability

You and Mental Home agree that if any portion of these Terms of Service or of the Mental Home Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.

9. Contact

Mental Home e.U.
Hansjörg Mikesch
Westbahnstr. 33 int.12a
1070 Vienna

email: info@mentalhome.eu

FN: 493193i