Terms and Conditions STEEMPUNK.NET

This site has been translated and merely serves as a supplement to the original German Terms and Conditions, which can be found here. Please note that the only legally binding Terms and Conditions is the German version. 

1. Scope of application

1.1 The use of the STEEMPUNK. NET browser plugins and the online portals at steempunk. net (hereinafter referred to as STEEMPUNK. NET) of PCSG - Computer & Internet Service OHG (hereinafter referred to as "STEEMPUNK" or "Operator") is exclusively based on the following Terms of Use and General Terms and Conditions (hereinafter referred to as "Terms and Conditions"). Deviating, conflicting or supplementary terms and conditions of business and use shall not become an integral part of the contract unless their validity is expressly approved.

1.2 The General Terms and Conditions shall also apply if access to STEEMPUNK services from other websites/providers, e. g. via programming interfaces (API), is made possible in full or in part.

2. Subject matter of the contract

2.1 STEEMPUNK offers the registered user an online platform free of charge for using the STEEMPUNK. NET MMORPG (Massively Multiplayer Online Role-Playing Game) which is made available on the basis of the STEEM blockchain platform (steemit. com) with the help of the websites and browser plugins of STEEMPUNK. Users of the STEEM blockchain (steemit. com) can receive shares in the distribution of STEEM units generated by the game for playing with the STEEMPUNK combat system. Based on the POB (Proof of Brain) procedure of the STEEM-Blockchain and the STEEMPUNK procedure POG (Proof of Game) it will be possible to receive rewards which will be distributed in part to the users of STEEMPUNK. NET.

2.2 The?STEEMPUNK-NET services can be used either in the form of free online games and services, or in the form of online games and services in which certain virtual goods and rights can be acquired for a fee. Unless otherwise expressly stipulated in these Terms of Use, they apply to both the free and the paid services of STEEMPUNK. For the purchase of virtual goods or rights against payment, the conditions for the purchase of virtual goods ("Store Terms of Use") also apply.

2.3 STEEMPUNK. NET shall pay the User rewards in the form of shares at regular intervals. The conditions for a distribution are communicated on the pages of STEEMPUNK. NET. STEEMPUNK reserves the right to change the conditions of distribution at any time. However, the user is not entitled to a payment of a distribution to his or her gunsten.

2.4 STEEMPUNK does not assume any guarantee for the topicality, correctness, completeness or quality of the provided services. Liability claims against the operator, which refer to material or non-material damage caused by the use or non-use of the services or by the use of incorrect and incomplete information on the pages of STEEMPUNK. NET, are excluded in principle, provided that there is no demonstrable deliberate or grossly negligent fault on the part of the operator. All offers are subject to confirmation and non-binding. The operator expressly reserves the right to change, supplement or delete parts of the services or the entire offer without prior notice, or to discontinue publication temporarily or permanently.

2.5 STEEMPUNK is entitled to interrupt the operation of the? services without prior notice for compelling technical reasons or due to necessary maintenance work. In all other cases, advance notice shall be given in an appropriate manner and within a reasonable period of time.

3. obligations of the user, declaration of exemption

3.1 The user undertakes to keep his access data to the services secret and not to pass them on to third parties. As soon as the user becomes aware of this or has reason to suspect that third parties may have learned about this data, he/she will immediately inform STEEMPUNK and change his/her data.

3.2 The user's registration details must be complete and truthful at all times. If the data provided changes after registration, the user is obliged to correct this in his user account immediately.

3.3 The user must ensure that the e-mail address provided by him/her for communication with STEEMPUNK is correct, so that the user can receive e-mails sent to this address. In particular, the user must ensure that all e-mails sent by STEEMPUNK can be delivered when using SPAM filters.

3.4 If the User intends to exchange or dispose of STEEM rewards in a valid local currency (e. g. Euro, USD etc.), the User shall ensure that the provisions and legal regulations in force in his/her country regarding capital gains, income and taxes are complied with.

We recommend that the user discuss this procedure with a tax advisor or a lawyer.

3.5 The user shall ensure that any content (e. g. comments, texts, photos, images, graphics, audio and video recordings) which he/she has placed on STEEMPUNK. NET does not violate these General Terms and Conditions of Business, morality or applicable law. In particular, he is responsible for ensuring that his contributions are free of insults, sexual content, violent representations, immoral, threatening or discriminatory statements. In addition, the user undertakes to only post factual and topic-related contributions. STEEMPUNK reserves the right to check the contents before publication and to prevent publication or to delete contents if they violate these conditions. The user shall refrain from any activities aimed at rendering STEEMPUNK. NET inoperable or preventing, complicating, delaying or otherwise impairing the use of STEEMPUNK. NET.

3.6 The user declares and accepts responsibility for the fact that he has the right to use the contents posted by him on STEEMPUNK. NET. In particular, he shall ensure that no third party rights are infringed (e. g. copyrights, trademark and personal rights, rights of a competitive nature) through his posted content. STEEMPUNK expressly does not adopt the content posted by users as its own.  By posting content, however, the user grants STEEMPUNK a simple, unlimited, irrevocable and free right to use the content posted, unlimited in time and space, which entitles STEEMPUNK to permanently store and make the content publicly available on all STEEMPUNK services. This right of use remains valid even after termination of the user's membership. However, STEEMPUNK is under no obligation to keep the contents available.

3.7 The user indemnifies STEEMPUNK from all claims asserted by other users or other third parties against STEEMPUNK due to violation of their rights by contributions posted by the user on STEEMPUNK. NET or due to other use of the services of STEEMPUNK. This exemption also includes, for example, the use of one of the rewards (STEEM). The user shall also bear the costs of the necessary legal defence of STEEMPUNK. The exemption does not apply if the violation of rights is not attributable to the user.

3.8 The?STEEMPUNK. NET services include all types of content that is protected by trademark, copyright and other intellectual property rights in favour of STEEMPUNK or third parties. Unless expressly permitted by STEEMPUNK, the user shall not be entitled to edit, reproduce, distribute, publicly reproduce, advertise or use the content made available in the services or on this basis beyond the contractually agreed purpose. Only the technically conditioned duplication for the purpose of the intended use of the services is permitted. Copyright notices and brand names may not be changed, suppressed or removed.

3.9 The term "Content" means all data, images, texts, graphics, music, sounds, sound sequences, videos, programs as well as source code and other information provided by STEEMPUNK.

3.10. All rights to the virtual goods used on STEEMPUNK. NET outside of the use within the scope of these Terms of Use are exclusively reserved for STEEMPUNK.

3.11. The User undertakes to refrain from taking any measures which endanger or interfere with the functioning of the Services and to refrain from accessing data which the User is not entitled to access.

3.12. The use of the?STEEMPUNK. NET services by means of anonymization services or similar measures which are suitable for suppressing or concealing the true IP address or identity or origin of the user is not permitted.

3.13. The user may only participate in STEEMPUNK. NET services with a user account. The use of several user accounts is not permitted. STEEMPUNK may block or delete unauthorized Multi Accounts at any time at its own discretion.

3.14. The user is prohibited from any form of manipulative interference with the game. In particular, the user is not entitled to use measures, mechanisms or software which may interfere with the function and course of the game. The user may not take any measures which could result in an unreasonable or excessive burden on the technical capacities. The user is not permitted to block, overwrite or modify the contents created by STEEMPUNK or to interfere in any other way with STEEMPUNK. NET.

3.15. Furthermore, the user is prohibited from accessing STEEMPUNK. NET with other programs than the Internet browser with STEEMPUNK. NET extensions or other client programs provided by STEEMPUNK. This applies in particular to bots and other tools that replace or supplement the contents of STEEMPUNK. NET. Scripts and programs that give the user an advantage over other players are also prohibited.

The user must not under any circumstances

a) Cheats, mods, hacks and/or software that changes, creates or uses the STEEMPUNK. NET gaming experience,
b) Use software that enables data mining or otherwise intercepts or collects information related to STEEMPUNK. NET,
c) buy, sell, exchange or attempt to exchange virtual goods from the?STEEMPUNK. NET? services for real means of payment from third parties, unless this is permitted in an individual case.

3.16. Notwithstanding any other statutory or contractual rights, in particular the right to terminate the contract for good cause, STEEMPUNK may, at its own discretion, take one or more of the following measures if there is actual evidence that a user has violated these terms of use, unless the user is not responsible for the advance:

a) Modify or delete content,
b) Warning of a user,
c) Publish the misconduct, naming the user account,
d) Temporary suspension of a user account and
e) Exclusion of a user

3.17. If a user has been excluded, he/she may not register a new user account without the prior consent of STEEMPUNK.

3.18. The user is not entitled to the publication of content on STEEMPUNK. NET.

4 Conclusion of contract

4.1 The contract for the use of STEEMPUNK. NET services between the user and STEEMPUNK shall come into existence upon successful registration as a user subject to these terms and conditions. The user can register by installing the STEEMPUNK. NET client software (browser plugin) and accepting these terms and conditions at STEMMPUNK. NET. STEEMPUNK reserves the right to reject registrations in individual cases without giving reasons.

The technical activation for the use of STEEMPUNK. NET (activation of the user account) is carried out by STEEMPUNK. The registration data are stored by us and can be retrieved and changed by the user via the user account.

4.2 Only individual natural persons are admitted as users (no groups, families, partners etc.). The registration must be done in person. Registration by third parties is not permitted.

4.3 Minors are only allowed to use STEEMPUNK. NET if the legal representatives have given their consent.

5 Term and termination

5.1 The contract for the use of the?STEEMPUNK. NET services shall be concluded for an indefinite period of time, unless expressly provided otherwise in the course of registration. The contract can be terminated by both parties at any time with a notice period of two weeks, unless a limited term has been agreed. If a limited term has been agreed upon, notice of termination cannot be given until maturity. If no notice of termination is given, the respective fixed-term contract is automatically extended by the originally agreed term.

5.2 Each party has the right to terminate the contract for good cause without notice. An important reason exists in particular if

a) there are actual indications of behavior that does not negatively affect the gaming experience of other users,
b) the user violates laws in a not only insignificant way, the provisions of these terms and conditions, unless he is not responsible for the violation.

5.2 Notice of termination must be given in writing. Cancellations by e-mail must be made in writing. Notice of termination can also be given via a cancellation function implemented on STEEMPUNK. NET.

5.3 STEEMPUNK shall be entitled to delete the user account if there are justified reasons (e. g. in the case of user accounts with prolonged inactivity). In addition, STEEMPUNK is entitled to delete user accounts at the end of the contract at its own discretion.

6 Limitation of liability

6.1 STEEMPUNK shall be liable in accordance with the statutory provisions for damages to the user caused by intentional or grossly negligent conduct on the part of STEEMPUNK or its vicarious agents, as well as for personal injury and damages in accordance with the German Product Liability Act (Produkthaftungsgesetz).

6.2 In all other respects, STEEMPUNK's liability for claims for damages - regardless of the legal grounds - is limited in accordance with the following provisions.

6.3 STEEMPUNK shall only be liable for damages caused by slight negligence insofar as they are based on the violation of essential contractual obligations (cardinal obligations). Cardinal obligations are those contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose observance the user was allowed to rely. Insofar as STEEMPUNK is liable for ordinary negligence, STEEMPUNK's liability is limited to the typically foreseeable damage.

6.4 The liability of STEEMPUNK for the loss of data and/or programs caused by STEEMPUNK due to slight negligence is limited to the typical recovery effort that would have been incurred if the user had made regular and appropriate data backups.

6.5 The provisions of the foregoing paragraphs shall also apply mutatis mutandis to a limitation of the obligation to pay compensation for futile expenses (§ 284 BGB).

6.6 The aforementioned limitations of liability shall also apply to STEEMPUNK's vicarious agents.

6.7. STEEMPUNK. NET shall not be liable for any possible liability independent of fault, i. e. STEEMPUNK shall only be liable to the extent that STEEMPUNK or its vicarious agents are responsible for this.

7. Final provisions

These conditions are subject to change without notice. The user will be notified of the change in good time before it takes effect. The user is entitled to object to the change in writing (e-mail, fax, letter) within four weeks after receipt of the e-mail. In the event of a user's objection, STEEMPUNK shall be entitled to terminate the contract in due time. The change shall be deemed accepted and binding if the user has agreed to the change or has not objected to it within four weeks. The provider refers in the notification separately to these legal consequences and the possibility of contradiction.

The language of the contract is German. The law of the Federal Republic of Germany shall apply to all legal relations between the parties to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the user 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 Solingen. The same shall apply if the user does not have a general place of jurisdiction in Germany or the EU or if his place of residence or habitual abode is not known at the time of bringing an action. This shall not affect the right to appeal to the court of another legal venue.

Booth: 04.11.2017

Information about the operator:

PCSG - Computer & Internet Service OHG
Pfaffenberg Way 142
42659 Solingen