Terms & Conditions

These Terms and Conditions (the "Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Hinz & Caspar Caragames GbR, Schlachthoftstr. 11, 91301 Forchheim, Germany, (hereinafter "Cara Games" or "Us" or "We") regarding your use of Cara Games's games, store, websites and related services (collectively, the "Services").

1. Agreement to Terms

By accessing the Services, by playing our games (the "Games"), by downloading, or using any of our Mobile Applications in any way, by clicking on the "I ACCEPT" button, you represent that you have read, understood, and agree to be bound by all of these Terms and consent to the collection, use, and storage of your information as outlined in Cara Games's privacy and cookie policy.

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions and its Privacy Policy at any time and for any reason, by posting the updated Terms on the Service and by notifying you through a banner on the Service. By using the Services after we have updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must immediately stop using the Services. The date on which the latest update was made is indicated at the top of this document.

2. Licence

2.1 Limited Use License

Subject to your compliance with all conditions of these Terms Cara Games grants you a non-exclusive, personal, revocable, non-sublicensable, non-transferable, limited licence to use the Services on the relevant platform for your non-commercial, personal use and as permitted in these Terms and the relevant Platform Terms.

2.2 License Conditions

You agree to use the Services only in a manner consistent with this Agreement. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

Sell, rent, lease, license, distribute or otherwise transfer any part of the Services.
Reverse engineer, decompile, or disassemble the Services, or otherwise attempt to recreate all or any portion of the Services.
Exploit the Services or any of its parts for commercial purposes.
Use, either directly or indirectly, any cheats, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Services or exploit 'loopholes' or bugs.
Disrupt, interfere with or otherwise adversely affect the normal operation of the Services.
Use the Services for any unlawful, illegal, immoral or illegitimate means.

2.3 Local Laws

You are solely responsible for compliance with all applicable laws, including without limitation export and import regulations.

2.4 Modification

Cara Games reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that Cara Games will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Service or any part thereof.

2.5 Ownership

The Services provided to you are licensed to you and not sold. Cara Games owns all rights, title and interest, including all related intellectual property rights, in and to all the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Services. The Cara Games name, logo, and the product names associated with the Games belong to Cara Games, and no right or license is granted to use them by implication, estoppel or otherwise. Cara Games reserves all rights not granted in this Agreement.

3. Updates to the Services

You understand that the Services are evolving. Cara Games may require that you accept updates to the Services and the Games you have installed on your device or computer. You acknowledge and agree that Cara Games may update the Services and 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 our Games.

4. Term and termination

These Terms of Use shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

Cara Games reserves the right to stop offering and/or supporting the Services or a particular game or part of the Services at any time, at which point your right to use the Services or a part thereof will be automatically terminated. In such event, Cara Games shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services.

5. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APPLICATION AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THESE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APPLICATION. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APPLICATION, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

In case any jurisdiction does not allow the exclusion of any warranty in the manner set out above, such terms may not be applied to you. In such cases, the above exclusions of warranty shall be applied to the maximum extent permitted by the applicable laws of such jurisdiction.

6. Limitations of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CARA GAMES (OR ITS SUPPLIERS) SHALL NOT BE LIABLE TO YOU FOR ANY LOST PROFIT OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF USE OR THE SERVICES ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CARA GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, ANY OF THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. TO THE EXTENT NOT PROHIBITED BY LAW, CARA GAMES SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO CARA GAMES IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. IN NO EVENT SHALL CARA GAMES’S SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT.

7. Indemnification

You agree to indemnify and hold harmless Cara Games (and its suppliers) from and against any losses, costs, liabilities, and expenses (including reasonable attorneys' fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, the Services; (c) your violation of the Terms; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules, or regulations. Cara Games reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Cara Games in asserting any available defenses. You agree that the provisions in this section will survive any termination of the Terms, or your access to the Services.

8. Third Parties

8.1 App Stores

You acknowledge and agree that the availability of the Games is dependent on the third party from which you received the Games, e.g., the Apple App Store or Google Play ("App Store"). You acknowledge that the Terms are between you and Cara Games and not with the App Store. Cara Games is solely responsible for the Services, including the Games, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Games, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the Games. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store's terms and policies) when using the Services, including the Games. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.

8.2 Third-Party Services

Services may include links to third party services (including without limitation advertisements served by third parties) and/or the third party services provide content through our Services. These services may include, but are not limited to, gameplay recording and sharing, social media connectivity, leaderboards, game networks and advertisements. These services are subject to respective third party terms and conditions. Please study these third party terms and conditions carefully as they constitute an agreement between you and the applicable third party service provider and to which Cara Games is not a party to.

9. Governing law and place of jurisdiction

This Agreement as well as all rights, claims or obligations arising from or in connection with this Agreement are subject to the laws of the Federal Republic of Germany. The United Nation Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

The exclusive place of jurisdiction for all disputes arising from or in connection with this Agreement shall be Munich, Germany.

10. Contact Information

Questions about the Terms should be sent to us at support@caragames.com.
We will make every effort to resolve your concerns.

Postal contact details are:
Hinz & Caspar Caragames GbR, Schlachthofstr. 11, 91301 Forchheim, Germany

Last update: October 17, 2021