2 AREAS FOR NON-REGISTERED USERS / REGISTRATION
2.1 ICONICFUTURE grants the right to use generally accessible areas of the WEBSITE to any internet user and reserves the right to grant the right to use other areas of the WEBSITE only to users that are registered with ICONICFUTURE and have been provided with access data to the WEBSITE by ICONICFUTURE (such registered user “IF USER”)
2.2 ICONICFUTURE may provide the option to become an IF USER
2.2.1 to game developers to search for content to develop into branded items for use in digital games or
2.2.2 to rights holders to offer game developers content to develop into branded items.
2.3 Registration requires potential IF USERS to complete and submit a digital registration form on the websites which will include the potential IF USER’S username, email address, company, status (game developer/rights holder), postal address (street, number, city, postcode), and country) and submit it to ICONICFUTURE for approval and registration. ICONICFUTURE reserves the right to refuse an application for registration without citing any reasons for such refusal.
2.4 ICONICFUTURE will notify the USER if its application is approved, and register and provide access data (user identification and initial or permanent password) to the IF USER for its personal use only.
2.5 ICONICFUTURE reserves the right to withdraw an IF USER’s registration or to limit an IF USER’s access to certain parts of the IF CONTENT.
2.6 Both Parties are entitled to terminate an IF USER’s registration at any time by giving notice in writing (letter, e-mail, fax) or, in case of termination by the IF USER, by following the instructions on the WEBSITE.
3 ACCESS TO AND USE OF THE IF CONTENT, USER OBLIGATIONS
3.1 ICONICFUTURE will provide access to the WEBSITE subject to this GTU and any applicable special terms
3.2 ICONICFUTURE reserves the right to improve, expand, change or delete IF CONTENT in whole or in part (e.g. in relation to functionalities), including the partial or complete withdrawal of functions or IF CONTENT and will use its best endeavors to inform the IF USER accordingly.
3.2 ICONICFUTURE may, in particular,
3.2.1 provide IF USERS the option to display information to other WEBSITE users as part of the respective IF USER’s profile;
3.2.2 provide IF USERS the option to receive, via ICONICFUTURE contact from other IF USERS in connection with the offering and/or licensing of branded items.?
3.3 The offering of branded items on the website shall be subject to:
3.3.1 a separate agreement between ICONICFUTURE and the appropriate IF USER (rights holder); and
3.3.2 a separate agreement between ICONICFUTURE and the corresponding IF USER (developer).
3.4 IF USERS shall:?
3.4.1 keep the access data confidential, not to communicate or disclose such data to third parties (including without limitation other individuals within its organization, company or legal entity) and to protect its access data against intentional or accidental notice by third parties. No third party must be enabled to use the access da-ta.?
3.4.2 to inform ICONICFUTURE immediately if the IF USER has reason to assume that a third party has become aware of its access data or has indications of any form of unauthorized use of access data; and.?
3.4.3 not provide access to the WEBSITE to third parties under the IF USER’s account.?
3.4.4 refrain from any form of unauthorized use of the WEBSITE or the IF CONTENT, including but not limited to attempts made to overcome or circumvent the security mechanisms of the WEBSITE or to otherwise incapacitate them, using computer programs enabling automatic data readouts, as well as using and/or circulating vi-ruses, worms, Trojans, brute force attacks, spam or using other links, programs or procedures that are intended to damage ICONICFUTURE, the WEBSITE, IF CONTENT and/or other IF USERs.?
3.4.5 take all necessary and reasonable steps to prevent or limit damage caused by the IF USER’s use of the WEBSITE and the IF CONTENT, in particular; (a) arrange the regular backup of its own data outside the WEBSITE;?(b) diligently check the information provided via the WEBSITE (including without limitation the results of calculations or computations provided via WEBSITE applications) as the information provided via the WEBSITE only serves as an aid for evaluation, interpretation and assessment by the IF USER.
4 RIGHTS OF USE
4.1 The IF USER grants ICONICFUTURE the revocable, non-exclusive right to use the information and data provided to ICONICFUTURE via the WEBSITE (in particular the information and data entered into the IF USER profile by the IF USER) (“IF USER CONTENT”) for the purposes and objectives relating to the business of ICONICFUTURE via the WEBSITE, including but not limited to?
4.1.1 the right to make the IF USER CONTENT available and to transmit and to send the IF USER CONTENT to the public and closed user groups from the places and at the times elected by them through the Internet and any other electronic communications networks by all technical means known at the date hereof, including any wired and wireless transmission ways, and to permit the public and closed user groups to use the IF USER CONTENT, including the download of the IF USER CONTENT on their terminals. This includes the right to store the IF USER CONTENT in databases and electronic communications networks and to exploit the IF USER CONTENT in on-demand and access services and systems, regardless of the actually used data transmission techniques and regardless of whether any use of such systems involves interim storages and/or simultaneous or successive performances upon individual demand; and?
4.1.2 the right to reproduce, modify, alter and store IF USER CONTENT or parts thereof to the extent necessary for the permitted use by ICONICFUTURE.?
4.2 The IF USER agrees, at its own expense, to defend and hold harmless ICONICFUTURE, its officers, employees and licensees from and against any claim, suit, or liability brought by a third party against ICONICFUTURE as well as all loss, damage, expense (including reasonable legal costs) that ICONICFUTURE suffers for as a result of the breach of these GTU by the IF USER , including but not limited to patent, copyright, trade secret or trademark infringement.
4.4 IF USERs will not be granted any further rights of use to those set out in these GTU. In particular but without limitation, IF USERs are not entitled to transmit the IF CONTENT to third parties, nor are they entitled to allow third parties to access IF CONTENT, nor may they modify or otherwise process such IF CON-TENT, incorporate it into another work, or use it in order to create data bases and/or in-formation services of their own, unless a corresponding functionality is explicitly pro-vided for this purpose within the WEBSITE.
5 PERSONAL DATA / DATA PROTECTION & PRIVACY
5.1 ICONICFUTURE is committed to ensuring that your privacy is protected and any collection, processing or use of your personal data happens in compliance with applicable data protection law (including, but not limited to the German Federal Data Protection Act (“Bundesdatenschutzgesetz” / “BDSG”) and/or the German Telemedia Act (“Telemediengesetz” / “TMG”).?
5.2 Use of the WEBSITE as an unregistered user is possible without disclosing personal information. ICONICFUTURE, however, logs IP address (the Internet address of a user’s computer) to give ICONICFUTURE an idea of which part of the WEBSITE is visited and how long a visit lasts. IP addresses are not linked to personal information unless an IF USER logs in to the WEBSITE.?
5.3 ICONICFUTURE collects personal information when an IF USER registers with ICONICFU-TURE or when such personal information are disclosed by the user via the WEBSITE. The necessary information for registration are visible in the digital registration form on the website.
5.4 Like many other commercial websites, the WEBSITE may use a standard piece of tech-nology called a “cookie” to collect information about how the site is used. A cookie is a small file which asks permission to be placed on a computer’s hard drive. Once the user has agreed (or has set its browser settings to accept cookies without express agree-ment), the file is added and the cookie helps analyse web traffic or lets the user when a particular site is visited. ICONICFUTURE uses traffic log cookies to identify which pages are being used. This helps ICONICFUTURE analyse data about web-page traffic and im-prove the WEBSITE in order to tailor it to customer needs. ICONICFUTURE uses this in-formation for statistical analysis purposes and then the data is removed from the sys-tem. A cookie in no way gives access to a user’s computer or any information about the user, other than the data the user chooses to share with ICONICFUTURE. Users may choose to accept or decline cookies. Most web browsers automatically accept cookies, but can usually be modified to decline cookies. This option may prevent a user from taking full advantage of the website.?
5.5 ICONICFUTURE will always give a user the opportunity to “opt-in” of receiving direct marketing or market research information. This means that ICONICFUTURE will require a user’s affirmative action (e.g., clicking a checkbox) to indicate your consent before in-formation are used for purposes other than the purpose for which it was submitted.?
5.6 ICONICFUTURE uses personal information to fulfil requests for certain products and ser-vices, to provide and to the extent permitted to personalise experience on the WEBSITE and, in case of user’s “opt-in” to send direct marketing information or to contact a user for market research.?
5.7 ICONICFUTURE will not sell, distribute or lease user’s personal information to third par-ties unless this is permitted under a user’s valid consent or ICONICFUTURE is required or permitted by law to do so.?
5.8 ICONICFUTURE safeguards the security of the personal data collected, processed or used with physical, electronic and managerial procedures. In certain areas of the WEB-SITE industry-standard SSL-encryption may be used to enhance the security of data transmissions. While ICONICFUTURE strives to protect user’s personal information, it cannot ensure the security of the information transmitted and users are urged to take every precaution to protect personal data when on the Internet.?
5.9 Under applicable data protection law, users are entitled to obtain information on the personal data collected, processed and used by ICONICFUTURE and to have incorrect or incomplete personal data corrected. IF USERS may also correct their registration data by accessing their profile on the WEBSITE. For inquiries regarding your personal information, please contact us either via email firstname.lastname@example.org or by one of the means of contact displayed on the WEBSITE.
6 LIABILITY AND LIMITATION OF LIABILITY
6.1 ICONICFUTURE shall not be held liable for third party content, nor shall it be liable for any damages or other failures resulting from any defects of the IF USER’s software or hardware or their incompatibility with the WEBSITE; ICONICFUTURE shall also not be liable for damages resulting from the fact that the Internet was not available or malfunctioning.
6.2 Apart from that, ICONICFUTURE shall be held liable only under the following circumstances, regardless of the legal grounds:
6.2.1 If one of its legal representatives or executives or other vicarious agents has acted intentionally or grossly negligently;
6.2.2 In the event of any culpable breach of an essential contractual duty or delayed per-formance or the impossibility of performance, in each case based on the respective merits. The expression “essential contractual duty” describes a duty in the abstract, the fulfillment of which is an essential pre-requisite for the due implementation of ICONICFUTURE’s obligations, and that is a duty on whose fulfillment the respective other party can rely as a general rule.
6.3 In the event of liability pursuant to Clause 6.2.2, for financial losses and damages to property, this shall be limited to the amount of the typically foreseeable loss.
6.4 The above limitations of liability do not apply to cases of mandatory statutory liability, in particular liability under product liability law, liability for a guarantee that has been assumed, and liability for intentional or negligent injury to life, limb or health.
8.1 The use of the WEBSITE and the IF CONTENT requires the use of special technical systems such as end user devices, software programs, transmission networks, telecommunications and other services provided by third parties, all of which may entail further costs. ICONICFUTURE does not provide such end user devices, software programs, communication channels, telecommunications services or other services and therefore will not assume any liability for such services provided by third parties.
8.3 The rights and duties under the IF USER’s registration may only be transferred with the prior written consent of ICONICFUTURE.
8.4 The registration does not authorize either of the parties to make any legally binding declarations on behalf of both parties together, or on behalf of the respective other party, nor does it authorize them to place the respective other party under any obligation or to represent it in any other way.