Terms and Conditions

1.1

These General Terms and Conditions (“Terms and Conditions”) govern the use of the Internet portal https://123quiz.com, its websites and in app stores (“123QUIZ!”) provided by Mediaworker GmbH, Stockholmer Platz 1, 70173 Stuttgart, Germany (“Mediaworker“).

1.2

123QUIZ! includes, for example, downloading, installing and participating in the games, creating a user account, creating a profile page, contributing media content such as photos, texts and games and purchasing virtual items and other services.

1.3

The following General Terms and Conditions (hereinafter “GTC”) conclusively regulate the contractual relationship between Mediaworker and the respective user and apply exclusively.

1.4

The contractual partner is Mediaworker GmbH. Mediaworker offers 123QUIZ! exclusively to users who are consumers in accordance with Section 13 of the German Civil Code (Bürgerliches Gesetzbuch (BGB)). Any use of 123QUIZ! for purposes other than private entertainment, in particular for commercial purposes or other commercial purposes, is excluded.

1.5

The GTC are valid regardless of the systems, domains or devices on which 123QUIZ! is offered and executed. Terms and conditions of users that conflict with or deviate from these General Terms and Conditions will not be recognized unless Mediaworker has expressly agreed to them in the specific case. By using 123QUIZ!, the user declares his or her agreement with these GTC.

1.6

Mediaworker allows the user to use 123QUIZ!. By using 123QUIZ!, the user accepts the GTC. The use of 123QUIZ! is for entertainment purposes only.

2.1

123QUIZ! can also be used without prior registration. For the use of services requiring registration, registration by the user with complete and truthful data in all input fields marked as mandatory is essential.

2.2

Only individual natural persons who have reached the age of 18 or whose legal representatives have consented to their use are permitted as users (no groups, families, life partners, etc.). Registration must be completed by the participating user. Registration by third parties is not permitted.

2.3

When registering, the user must provide an e-mail address registered to him or her. The user must provide only true and complete information during registration. The user is obliged to keep the data provided during registration up to date at all times. Insofar as it is necessary for execution of the user contract, Mediaworker is entitled to request suitable proof of identity from the user, which shall be erased immediately after verification

2.4

The user submits his or her offer to conclude the contract of use regulated here by entering the required data on 123QUIZ! and completing the registration. Mediaworker shall accept the offer by activating the user account. Mediaworker can make the activation of the user account dependent on the user validating his or her e-mail address (opt-in procedure). In this case, Mediaworker shall request that the user validates his or her e-mail address in the e-mail message confirming receipt of the offer. Upon activation by Mediaworker, a contract of use is concluded between Mediaworker and the user under these Terms and Conditions. In some cases—especially when registering via third-party sites (e.g., social networks)—the registration process may differ from this procedure. In these cases, the user shall be expressly informed of this fact in making the declaration that confirms the user contract.

2.5

As an alternative to registering via 123QUIZ!, a registration can be carried out via corresponding functions in portals or social networks (e.g., “Facebook” or “Google”). Personal data of the user can be transferred to 123QUIZ! after the user has given his or her consent to the respective operator. The use of such registration procedures requires registration with the relevant portal or social network in accordance with the terms and conditions applicable there. In this case, the provisions of these GTC shall apply accordingly to the conclusion of the contract

2.6

There is no right to conclude a user contract. Mediaworker reserves the right to refuse conclusion of a user contract without stating reasons, in particular due to false information provided during registration or use, doubts about the legal existence of the user, or violations of the General Terms and Conditions.

2.7

Transfer of the user account or making it available to third parties is not permitted without the consent of Mediaworker.

3.1

A user is not authorized to make multiple registrations. A violation of the prohibition can be punished with an immediate blocking of the user.

3.2

In particular, a user account may not be used to gain advantages for the same or another user’s account, including, for example, the transfer of items or in-game currency or the deliberate loss of such items and currency.

3.3

The use of software that generates an excessive load on 123QUIZ! is not permitted. In particular, the use of bots, macros or similar is not permitted.

3.4

It is not permitted to exploit errors or bugs in the programming. Any errors or bugs detected must be reported as soon as possible using the contact form.

3.5

The use of 123QUIZ! using an anonymization service such as a proxy or similar procedures is prohibited.

3.6

The user has no right to register a user account or to publish content of any kind.

3.7

123QUIZ! is continuously adapted, updated and expanded and is therefore subject to constant change. The use of 123QUIZ! is therefore limited to the current version.

3.8

There is no entitlement to the use of 123QUIZ! in the version existing at the time of conclusion of the contract. Mediaworker reserves the right to discontinue the operation of 123QUIZ! at any time without giving reasons. In such a case, the user can demand that any fees paid in advance be refunded by Mediaworker. The user is not entitled to this right for fees that have already been paid in full as part of individual debt relationships (one-off purchases). Further claims by the user are excluded.

4.1

Mediaworker makes 123QUIZ! available to the user free of charge. The creation of a user account is free of charge.

4.2

Users can obtain fee-based services from 123QUIZ! against payment. Only then will you incur costs. These services are, for example, extended game functions or additional virtual game goods. Intangible and/or tangible assets are not created by the purchase of premium features, and the assignment of these features to third parties is also prohibited.

4.3

The costs and payment options for a chargeable service are indicated before the service is used; a price overview is also provided.

4.4

All prices include any applicable taxes.

4.5

By subsequently clicking the “Buy now” button, a contractual relationship is established between Mediaworker and the user. Up to this point, users can change their details at any time and go back in the order process by clicking the “Back” link or the back button on their browser.

4.6

Mediaworker reserves the right to adjust the prices for services at any time. Services already ordered and ongoing services are excluded from the possible price adjustment.

4.7

If the user is a minor, he or she expressly assures with his or her order that he or she has been provided with the necessary means for payment.

4.8

When concluding a subscription or an automatic renewal, the user concludes a continuing obligation that is automatically renewed unless the user terminates it at least 7 days before the end of the respective period.

4.9

Mediaworker is entitled to demand the service fees in advance. The service fees are due upon conclusion of the contract and are paid by the user using the selected payment method.

4.10

Mediaworker is entitled to reduce prices permanently or for a limited period of time or to increase them permanently with effect for the future. Prices in the context of continuing obligations can be changed with a notice period of 4 weeks after written notice by sending an e-mail to the e-mail address provided by the user. The new price shall apply if the user does not terminate the continuing obligation within 7 days before the end of the respective period.

4.11

If there is a delay in the payment of a service provided by Mediaworker, Mediaworker has the right to withhold the fulfillment of the service and to block the user account until the delay is remedied. The period of notice with which Mediaworker informs the user of the impending blocking will generally be 10 working days. Other legal and contractual rights of Mediaworker regarding a delay in payment by the user remain unaffected.

4.12

If costs are incurred due to incorrectly transmitted data on the part of the user or due to reminders for outstanding claims, the user will be charged a processing fee of € 2.50. The user has the right to prove that no costs or lower costs have been incurred.

4.13

In the event of offsetting, recognition by the other contracting party or claims established by a court of law are required, except in the case of main performance or defect claims. A right of retention shall only apply if claims arising from the contract in question are asserted.

4.14

For a fee, the user can purchase a virtual currency, the use of which is limited to the account through which the respective payment transaction was carried out.

4.15

With the crediting of the virtual currency, Mediaworker grants the user a simple, non-transferable right, limited in time to the term of the contract, to purchase the virtual goods or premium services offered in the 123QUIZ! store, provided that the virtual currency credited to the user account is sufficient for the respective purchase. The virtual currency is debited from the user account in the amount corresponding to the equivalent value specified for the virtual good or premium service.

4.16

The user’s right to the acquired virtual currency is subject to the termination of the contractual relationship concluded between Mediaworker and the user. If the user account is blocked, Mediaworker has the right to refuse service for the duration of the block.

The user has the right to withdraw from this contract within fourteen days without providing any further reasons. The cancellation period is exactly fourteen days from the date of conclusion of the contract. The right of withdrawal must be exercised by means of a clear declaration (such as a letter sent by post or e-mail) of the decision to withdraw from this contract.Mediaworker GmbH
Stockholmer Platz 1
70173 Stuttgart
Germany
E-mail: contact@123quiz.com

The user can use the attached model withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for the user to send notification of exercising the right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal
In the event of withdrawal from the contract, we will refund all payments that we have received in the course of its processing (including delivery costs, excluding the additional costs due to the choice of a delivery other than the cheapest standard delivery offered by us) within fourteen days from the date on which we receive your withdrawal from the contract. We shall use the same means of payment with which the payment was made on your part in this connection, unless an alternative express agreement has been made. If the user has requested that we begin to perform the service before the expiry of the withdrawal period, a reasonable amount corresponding to the progress of the service already performed shall be due.

Sample withdrawal form

To:
Mediaworker GmbH
Stockholmer Platz 1
70173 Stuttgart
Germany
E-mail: contact@123quiz.com

– I/we () hereby revoke the contract concluded by me/us () for the purchase of the following goods () / the provision of the following service ()
– Ordered on () / received on ()
– Name of consumer(s)
– Address of consumer(s)
– Signature of the consumer(s) (only required if notification is by hard copy)
– Date

(*) Delete as applicable

6.1

The user guarantees that the content created by him or her in 123QUIZ! is truthful and does not contain any third-party rights. Mediaworker is exempt from responsibility for content created by users and will not adopt it as its own. If claims are made against Mediaworker due to violations of the law that are based on user fault, Mediaworker shall be indemnified by the user and shall be supported by the user to the best of its ability in clarifying the facts.

6.2

The user is obliged to keep his or her login data strictly confidential. In particular, the user is obliged to use his or her login data exclusively within 123QUIZ! and to protect it from unauthorized access by third parties. The term “login data” refers to the user’s personal access data, which is used to authenticate the user and prevent unauthorized use by third parties. The password should not be identical to the user name and should contain at least a six-digit combination of numbers and letters. In the event that the user has reason to suspect that third parties have or may have obtained this data without authorization, he or she must inform Mediaworker immediately and change his or her data or have it changed by Mediaworker. In this case or in the event that Mediaworker has indications of misuse of the data, Mediaworker also has the right to temporarily block the user’s access. The user must be authorized to use the service again as soon as the suspicion of misuse of the data has been dispelled.

7.1

Content uploaded, published, integrated or otherwise contributed by the user is the property of the user. The user grants Mediaworker an irrevocable, perpetual, non-exclusive, worldwide, free and sublicensable right to use, copy, download, publish, exhibit, make publicly available, distribute, modify and create derivative works from this content.

7.2

The rights granted by the user shall remain in full force and effect even after termination of the use of 123QUIZ! for any reason whatsoever.

7.3

The user guarantees that the content provided by him or her is free of third-party rights and that he or she has the full and unrestricted right and authorization to make this content available to Mediaworker.

7.4

The user may not publish any political, religious, violent, obscene or adult content

7.5

The user undertakes to bear sole responsibility for all content provided by him or her that he or she submits, publishes or contributes(?). All damages or losses incurred shall be borne by the user. Mediaworker is indemnified by the user from any liability, damages, costs caused by content provided by the user.

7.6

Mediaworker reserves the right to remove content without prior notice. In the event of non-compliance with the above guidelines, the user’s account may be terminated and deleted.

8.1

The contract of use runs for an indefinite period. It can be terminated by either party at any time subject to a two-week notice period.

8.2

Each party has the right to terminate the contract of use for good cause without observing a notice period. Important reasons exist in particular if the user violates the rights or obligations of the user contract in a significant or persistent manner or if the user commits criminal offenses within the scope of the use of 123QUIZ!.

8.3

In the event of ordinary termination by the user or termination for good cause by Mediaworker, the user may not reclaim the fees paid by him when the termination takes effect.

Mediaworker is liable in accordance with the statutory provisions for damages of the user caused by intentional or grossly negligent behavior of Mediaworker or its vicarious agents, as well as for personal injury and damages under the German Product Liability Act (Produkthaftungsgesetz).In all other respects, the liability of Mediaworker for claims for damages—regardless of the legal grounds—is limited in accordance with the following provisions, unless otherwise stated in a guarantee assumed by Mediaworker. Mediaworker shall be liable for damages caused by slight negligence only insofar as they are based on the breach of material contractual obligations (cardinal obligations). Cardinal obligations are those contractual obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the user may rely. Insofar as Mediaworker is accordingly liable for simple negligence, Mediaworker’s liability is limited to the typically foreseeable damage.

The liability of Mediaworker for the loss of data and/or programs caused by Mediaworker due to slight negligence is limited to the typical recovery costs that would have been incurred if the user had backed up data regularly and appropriately under the circumstances. The provisions of the paragraphs above shall also apply accordingly to a limitation of the obligation to pay compensation for futile expenses (Section 284 of the German Civil Code)

The abovementioned limitations of liability shall also apply in favor of any vicarious agents of Mediaworker.

Mediaworker is not liable for any costs incurred by the user through the use of services that are expressly not offered by Mediaworker itself. This stipulation applies in particular to costs arising from the transfer of data to or from the user’s terminal device and to any costs incurred by the user for the use of payment systems.

Any no-fault liability for malfunctions of 123QUIZ! existing at the beginning of the provision of the service is excluded; i.e., Mediaworker is only liable insofar as Mediaworker or its vicarious agents are responsible for these malfunctions.

Mediaworker’s obligation to perform does not apply in cases of force majeure, such as strikes, natural disasters and wars, as well as in the case of events whose effects are beyond the control of the contracting parties. This stipulation applies in particular to possible strikes at third-party companies, measures taken by the authorities, disruptions on the part of communication and online providers. Mediaworker will make every reasonable effort to provide the service owed, but may be released from the obligation to perform during the period of hindrance

Mediaworker reserves the right to modify the GTC at any time with effect for the future. The change will only be made if there are valid and objective reasons, in particular of a legal, technical and commercial nature. Mediaworker shall provided notification of changes to the GTC at least in text form so that users have two weeks to object. In the event of an objection, users and Mediaworker have the right to terminate the contract. If no objection is raised, the amended version shall be deemed to have been accepted after two weeks.

11.1

Deviating terms and conditions of the user are not recognized unless Mediaworker expressly agrees to them.

11.2

The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of Mediaworker. The same applies if the customer does not have a general place of jurisdiction in Germany or if his or her place of residence or habitual abode is unknown at the time the action is filed.

11.3

In the event that individual provisions of these terms and conditions are invalid, the remaining provisions shall remain in force. The invalid provision shall be replaced by the statutory provision.

Stuttgart, April 1, 2024
Mediaworker GmbH
Stockholmer Platz 1
70173 Stuttgart
GermanyRegistration number: HRB 747776
Court of Registration: Stuttgart District Court
VAT ID no: DE293254310
Managing Director: Matthias Emmert