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MegaDev - GameTrainers, Cheats, Tools and more

General Terms of Contract of MegaDev

Last update: 2016-01-19 - download/print-version

1. PROVIDER AND COVERAGE


1.1. Validity of AGB


1.1.1 | These General Contractual Terms and Conditions (“AGB”) shall apply for all contracts by
MegaDev GmbH
Zielstattstr. 10a
81379 Munich
Germany
(following „MegaDev“)

with its free users, members and premium members unless otherwise agreed upon in individual cases. Further information such as complete provider identification for MegaDev can be found below at the and of these AGB.

1.1.2 | These AGB are applicable also, where labeled or specifically indicated, for free users and members who use MegaDev’s free offers.

1.2. Definitions


1.2.1 | Free users are all persons that have downloaded and saved MegaDev software such as the “MegaTrainer Ultimate” (MT-U) onto their computer without applying to any of the definitions below.

1.2.2 | Member is any person that has registered with their email-address on the MegaDev Forum under www.megadev.info and whilst doing so has chosen a corresponding individual username and password to log in to the members area in the MegaDev website any time. These individual data will stay connected with the member’s profile and are valid for all of MegaDev’s offers.

1.2.3 | Premium members furthermore are those members who are entitled by a signed and closed premium membership contract with Megadev to the use of MegaDev’s premium contents.

1.2.4. | Premium contents are such contents that are provided to the premium member only, within the limits of his / her premium membership.

1.2.5. | Premium memberships are such, that the member can acquire by cost to acces premium contents as defined above. The member has a choice of three premium memberships,
  • Bronze-Premium-Mitgliedschaft
  • Silver-Premium-Mitgliedschaft
  • Gold-Premium-Mitgliedschaft,
with each being priced differently (“contribution”).

2. CONCLUSION OF CONTRACT


2.1. Subject of contract


The conclusion of a premium membership shall result in a binding contractual relationship for the duration of the concluded premium membership. Upon effective conclusion and activation of the membership, the member shall be immediately made available all contents – upon the member's explicit request – whereby MegaDev immediately completely fulfills the contract upon explicit customer request.

2.2. Scope of premium memberships


2.2.1 | The user is granted access to all contents without any exceptions that are available at the very time of the contract’s conclusion and that are within the limits of his premium membership. The provision of access to those contents is MegaDev’s duty of contract. Neither free users, members, nor premium members are eligible for any actualization of the contents nor the addition of new content, software or services during their contract term, regardless of MegaDev’s provision of such by own choice.

2.2.2 | In case of justified suspicion of misuse, MegaDev has the right to block the access of the corresponding user as long as the suspicion of misuse exists. MegaDev will come to clarify the situation with the user in conjunction. In case of misuse MegaDev is entitled to the specific options of action as stated within these AGB (blocking, extraordinary cancellation, damage compensation, etc.).

3. CONTRIBUTIONS AND RUNTIME


3.1. Contributions


3.1.1 | Upon registration, the contribution – the monetary amount which results from the member's selection upon contract conclusion – shall be paid directly via a payment service provider. Upon receipt of the payment confirmation, MegaDev shall activate the premium access.

3.2.2 | The member is obligated to ensure that payment proceeds without any problem. If payment is not possible or if there is a reversal, the member shall bear the cost incurred thereby. MegaDev is eligible to claim any financial losses that are proven to this cause. Moreover, the account will not be activated and/or will be immediately blocked again.

3.2. Runtime


3.2.1 | The contract shall begin upon receipt of the contribution by MegaDev and shall be concluded for the selected duration.

3.2.2 | The contract shall have the term selected by the member (runtime) and shall not be automatically extended. Upon expiration of the term, access to premium contents will be blocked; access to these premium contents will then no longer be possible. An extension of the premium membership is only possible by concluding a new premium membership.

3.2.3 | The right for extraordinary termination shall remain unaffected.

4. BUYING PROCESS


4.1. Steps to buy


4.1.1 | In order to become a premium member, the user must become a member by definition of 1.2.2 within these AGB first.

4.1.2. | When logged in the member is shown the membership options in a table on the “Membership” page (see blue link within the right column of the website). By clicking the green button “Buy membership”, respectively “Buy upgrade”, at the bottom of each membership column the member obliges to a binding offer for contract by § 145 BGB (German Civil Rights Code).

4.1.3. | Within the following webpage the member shall see his chosen membership for verification. Next the member must confirm to have read and comprehend these AGB as well as the information on cancellation and furthermore choose between three methods of payment, PayPal, PaySafeCard or Prepayment by bank transfer, by clicking the check boxes next to the options. Only then the “Buy now” button posted below shall be activated – recognizable by turning into a green color – and by clicking it the member ultimately confirms to buy the chosen membership at the asking price of the contribution and finally conclude the contract.

a) If the payment has been chosen to be processed by PayPal and PaySafeCard, the member is then forwarded to the website of the respective payment service provider, where he must confirm / finalize his pay. Then the member will be guided back to a MegaDev confirmation page; at the same time a confirmation email as well as the corresponding invoice will be sent including a copy of the withdrawal information to the specified e-mail address.

b) If Prepayment has been chosen, the member is then redirected to a web page displaying MegaDev’s bank data as well as a corresponding individual subject for the purpose of bank transfer. The member must then execute the bank transfer of the membership cost to the bank account specified and tag it with the specified subject. Immediately upon receipt of the money on behalf of MegaDev, the user’s premium membership profile shall be enabled and he shall receive a notification via e-mail about the activation as well as his invoice includig a copy of the withdrawal information to the specified e-mail address.

4.2. Conequences of acquisition


Upon effective contract conclusion, the user shall obtain a new user group providing him/her with access to those premium contents that are included within the corresponding premium membership. MegaDev herewith shall have completely fulfilled it’s performance obligations under the contract concluded.

4.3. Upgrade/Downgrade, remaining runtime


4.3.1. | An upgrade of an existing membership to a premium membership is possible at any time. Downgrade of a premium membership to a subordinate membership is also possible at any time.

4.3.2. | Considering the remaining runtimes the following shall apply:

a) In the case of a sole upgrade from bronze to silver or from silver to gold premium membership at the corresponding upgrade price, the remaining runtime of the previous membership remains fully intact; the upgraded premium membership expires the same day as the original membership was due to expire. The same applies for downgrades.

b) With new acquisition of a higher membership - for example, the acquisition of a gold premium membership whilst already having a bronze premium membership - the remaining runtime of the old membership expires immediately with the purchase and the consequent beginning runtime of the new membership.

c) In case of premature renewal of a premium membership of the same type, a maximum of 30 days of the expiring runtime can be credited.

4.3.3. | In case of a downgrade which is also possible during the term of the premium membership, the premium membership shall end immediately. Access to the premium contents shall be immediately blocked. There shall be no claim for reimbursement of partial contributions not used up.

5. RIGHTS / OBLIGATIONS OF THE MEMBER


5.1. Handling the Membership


The member shall be obligated to ensure safekeeping of the user access. The user password shall be kept secret.

5.2. Prohibition of Transmission of User Access Data


Membership with MegaDev is personal and cannot be assigned. Accordingly, the member shall be obligated to exclusively use the user access data personally and the member shall not leave them to third parties (account sharing). In case of a breach against this provision, MegaDev shall be entitled to the extraordinary termination of the membership contract.

5.3. Scope of Use within household


5.3.1 | The conclusion of a membership shall entitle the member to use the contents worldwide from any number of computers within the scope of the website.

5.3.2 | Use of the software and/or of software functions acquired through the membership shall be limited worldwide to 3 computers per household, with the membership always being able to be used only from one of the 3 computers simultaneously.

5.3.3 | If a member has already declared 3 hardware profiles for his / her membership and is now to attempt a 4th declaration, a message shall appear, asking the member, which of the remaining 3 profiles he wants to deactivate instead. The member can undergo this process any number of times, however MegaDev reserves the right, to lock this option in case of suspected abuse up to further clarification by MegaDev’s support team; in extreme cases, the member’s access to premium content may be locked until clarification of the situation.

ATTENTION: It is not possible to deactivate such hardware profiles that use the MegaTrainer in offline mode. In this case, the member must contact support and recite his case.

5.4. Dissemination of Contents


5.4.1. | The dissemination of contents shall be prohibited which the member had obtained by means of the membership (Beta versions, premium cheats, etc.). In case of breach, MegaDev shall be entitled to the extraordinary termination of the membership contract.

5.4.2. | If a member or premium member posts spam in the MegaDev forum, links to cracks or other undesirable contents which are in contradiction to the forum guidelines, MegaDev shall be entitled to ban the member profile and to the extraordinary termination of any membership contract.

5.5. Limitation to Singleplayer-Mode only


5.5.1 | Any contents made by MegaDev that effect third party software, especially PC games, have been developed with purpose of use in Singleplayer-Mode only and are explicitly not intended for use in any and all Multiplayer Situations. By use of the contents provided by MegaDev the user agrees to respect policy and follow it diligently. Already any attempt of opposing usage of contents in Multiplayer mode shall be seen as a violation of these AGB.

5.5.2 | In the event of violation or suspected violation of 5.5.1 MegaDev reserves the right to lock the corresponding user profile until clarification. If the violation can be rightfully proven MegaDev further reserves the right to extraordinary termination of any legal contract with the user as well as for permanent blocking of the user.

6. FORUM GUIDELINES FOR (PREMIUM-)MEMBERS


6.1. Forum Guidelines


6.1.1 | MegaDev shall be entitled to set up binding forum guidelines for members as well as premium members. Forum guidelines shall include, in particular, regulations for the acceptable use and conduct in the respective forum. Furthermore, the guidelines shall have the objective of preventing the breach of rights of other users and of ensuring compliance with German law.

6.1.2 |Forum guidelines may be changed/adjusted at any time by MegaDev.

6.2. Forum Moderators


The member shall be entitled to use all of the forum at any time. In this respect, the members are supported by forum moderators and/or other registered users. Moderators shall be entitled to give instructions as far as this is necessary for maintaining orderly operation of the forum, order and safety, or for ensuring compliance with forum guidelines. These instructions shall be complied with.

7. LIABILITY


7.1. Unlimited liability


MegaDev subdues to unlimited liability in the event of intent and gross negligence as well as in accordance with the Product Liability Act. In cases of slight negligence MegaDev is liable for damages resulting from injury to life, limb or health of persons.

7.2. Limited liability


Incidentally MegaDev holds liable for slight negligence only in violation of contractual obligations (cardinal obligations). Cardinal obligations are those obligations which enable the proper execution of the contract and on whose compliance the member may rely. For the liability of slight negligence, the amount is limited to foreseeable damages, that by their nature, manner and origin appeared typical whilst the contract was concluded and which may arise through the use of MegaDev’s software, but it does not cover such damages as they causally arise on behalf of the user’s actions (e.g.: blocking of online accounts, if the member cheats in an online game; damaged savegames - if game versions are incompatible or the user has applyied cheats wrong; general damaging of the computer (software, hardware, etc.), if the member e.g. sets lower security settings, disables antivirus, etc. to use the trainer). This limit also applies in the case of fault of vicarious agents of MegaDev.

8. WITHDRAWAL INSTRUCTIONS


8.1. Right of Withdrawal


8.1.1 | As a consumer within the meaning of § 13 BGB You can withdraw your contract within 14 days without giving reasons in writing (eg. Letter, fax, e-mail). Alternatively you can use our exemplary withdrawal form below as a template. In any case you will recieve an acknowledgment of receipt of your withdrawal by e-mail to the e-mail address you provided.

8.1.2 | The period shall begin after receipt of this instruction in text form; however, not before contract conclusion and also not before fulfillment of our duties of information in accordance with Section 246 § 1 in connection with § 1 EGBGB (Introductory Law to the German Civil Code) and not before fulfillment of our duties in accordance with § 312j BGB in connection with Section 246 § 3 EGBGB. To adhere to the period of cancellation, on-time dispatch of the cancellation shall be sufficient. The cancellation shall be addressed to:

MegaDev GmbH
Zielstattstr. 10a
81379 Munich
Germany

8.2. Consequences of withdrawal


In case of a valid withdrawal, the services received on both sides shall be returned and possible uses obtained (e.g. interest) shall be surrendered. If you cannot or partly cannot return or, respectively, surrender the service received as well as any uses (e.g. benefits enjoyed), or only in deteriorated condition, you shall compensate MegaDev for the value insofar. This may result in you having to comply nonetheless with the contractual payment obligations for the period of time until the cancellation. Obligations for reimbursement of payments shall be complied with within 30 days. The period shall begin for you upon dispatch of your declaration of cancellation; for us, with its receipt.

8.3. Exemplary withdrawal form

If you want to withdraw your contract please fill out the following form and send it to us:

To
MegaDev GmbH
Zielstattstr. 10a
81379 Munich
Germany

E-Mail: support@megadev.info
Fax: +49 (0) 32 121 469 932

Hereby I/we(*) withdraw the concluded contract with me/us(*) concerning the acquisition of the following membership: Gold-Premium/Silver-Premium/Bronze-Premium. (*)

Date of acquisition ... .
Consumer’s name:
Consumer’s address:




Consumer’s signature (only applicable if sent in printed out on paper!)

Date

(*) please delete inapplicable.

Download exemplatory withdrawal form

Special Note


Your right to withdrawal expires prematurely according to § 356 paragraph 5 BGB if the subject of contract is the supply of of digital content that is not contained in a tangible medium and the entrepreneur has already started on your specific request as a consumer with the execution of the contract before the withdrawal period has expired and if you have acknowledged your consent about the loss of your right of withdrawal in this case prior!

End of withdrawal instructions


9. COPYRIGHT AND LICENSE OF USE


9.1. Scope


Any and all digital content and software provided by MegaDev are protected by copyright laws.

9.2. License of use


9.2.1 | Regardless of the user's status MegaDev concedes for its contents invariably a perpetual, non-transferable right to use for non-commercial purposes. Premium members also have a – limited to the runtime – right of use of the respective additional premium content. Any disclosure to third parties, distribution or publication, whether in digital or tangible form prohibited under the rules of the Copyright Act, § 16 UrhG (German Copyright Act), shall apply.

9.2.2 | MegaDev reserves the right to grant rights of use only upon receipt of the corresponding full payment.

9.2.3 | In no case the user is entitled to remove copyright notices, trademarks or other rights reserved in, on or to the acquired content.

9.2.4 | MegaDev reserves the right to assert in the event of unauthorized disclosure of its digital content or software a penalty of up to € 100,000 to the purchaser and / or possible abusive parties.

10. DATA PROTECTION / PRIVACY POLICY


MegaDev collects, processes and uses personally identifiable data of it’s members in compliance with it’s privacy policy, which can be found here.
By agreeing to theses AGB, free users, members and premium members shall also agree to have acknowledged and comprehend the privacy policy stated above and to agree with all provisions stated therein.

11. DAMAGES


If, according to these AGBs, MegaDev has the right of extraordinary termination of the membership and MegaDev makes use of this right, the member shall have no right to demand the return of (proportionate) contributions.
Furthermore, the member shall be obligated to pay lump-sum damages in the amount of EUR 100.00. MegaDev shall reserve the right to claim damages in excess of this amount. If the member proves lower damage than the lump-sum amount, the member shall merely owe the proven amount.

12. FINAL REGULATIONS


12.1. Changes of these AGBs


MegaDev shall be entitled to change, effective for the future, these General Standard Terms and Conditions (AGBs) as well as the forum guidelines. The changes shall be effective if MegaDev makes reference to the changes, if the member is able to acknowledge the changes and does not oppose them within two weeks after receipt of the notification of change. In case of objection, MegaDev shall be entitled to terminate the membership contract for the respectively last day of the month. Any monetary refunds due to remaning runtime terms shall not be covered as to the explicit fulfillment of duties of contract by MegaDev (see above).

12.2. Prohibition of Offsetting


The member may only offset with uncontested or unappealable claims.

12.3. Invalidity of individual provisions


Should one or several provision(s) of this contract be or become invalid, this shall not affect the validity of the contract or its remaining provisions.

12.4. Applicable Law


Applicable shall be the law of the Federal Republic of Germany with the exclusion of the international sales convention and the CISG (Convention on the International Sale of Goods).

12.5. Contact / Provider information


In case of questions or comments you can contact us anytime.

MegaDev GmbH / Zielstattstr. 10a / 81379 München / Germany
Authorized Directors: Christian Jänicke, Robert Maroschik
Registry-/Companynumber: HRB_222407 / Amtsgericht Munich
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