IMPORTANT NOTICE: FOR PLAYERS FROM THE USA AND CANADA, DISPUTES BETWEEN YOU AND yankuu.games MUST BE RESOLVED BY BINDING ARBITRATION UNLESS AN EXCEPTION APPLIES. YOU HAVE THE RIGHT TO TERMINATE THE ARBITRATION AGREEMENT FOR A LIMITED TIME AS DESCRIBED BELOW.
For more information, see Section 15 (Arbitration Clause and Class Action Waiver).
Please read these Terms of Use before using any yankuu.games Services. These Terms of Use set forth the applicable terms and conditions regarding your use of our Services (described below). Your use of our Services constitutes your implied acceptance of these Terms.
If you do not agree to all of the terms of the Terms of Use, you may not use our Services. In addition to these Terms of Use, we also publish a Privacy Policy. We encourage you to read it to understand how your personal information may be processed by yankuu.games.
The terms "yankuu.games", "we", "our" or "us" in these Terms of Use refer to yankuu GmbH, located at Stimmerstrasse 82, 8200 Schafhausen, Switzerland. In all cases, "yankuu.games", "we" or "us" include agents, consultants, employees, officers and directors.
"Offers" means special programs, including special offers, excursions and special gifts, both digital and physical, that yankuu.games may offer to certain Eligible Players from time to time.
"Account" means the account you create when you access the Services or we create for you."Services" means our games, products, services, yankuu.games content and/or other domains or websites operated by yankuu GmbH.
"User Content" means any data that you upload, transmit, create or generate on or through the Services. This includes, for example, your profile picture, your in-game text messages or video chat, and your in-game art or other content authored or designed by you.
"Terms of Use" means the Terms of Use set forth herein.
"Virtual Items" means (a) virtual currency, including virtual coins, points, tokens or cash for use within the Services and (b) virtual game items.
"Yankuu Company" includes yankuu GmbH, yankuu.games and yankuu GmbH's subsidiaries, joint ventures and other legal entities controlled by yankuu GmbH and its agents, advisors, employees and chief executive officers.
We reserve the right, in our discretion, to modify, edit, and add or remove portions of the Terms of Use by posting the revised Terms of Use on our websites or within the Services (such as through in-game notices). We may provide separate notice of material changes via email messages or messages within the Services
Unless otherwise specified by us, changes are effective from the moment they are posted. If you continue to use the Services after changes are posted, you agree that the changes will apply to your continued use of the Services.
In the event of a dispute between you and yankuu.games, the version of the Terms of Use in effect at the time yankuu.games is notified of such dispute shall control.
In the event of any conflict between the terms or information contained in the Terms of Use and any other terms or rules of yankuu.games, these Terms of Use shall prevail.
To use our Services, we may ask you to create an account and choose a password and/or provide us with certain personal information. This may include your name, date of birth, email address, and, in certain cases, your payment information.
You are responsible for maintaining the security of your account. Do not share your account information with third parties and do not allow third parties to use or access your account. All actions performed through your account are considered to be performed by you. You are therefore responsible for all actions performed through the use of your account, regardless of whether they were authorized by you. This includes purchases made with a payment instrument (such as a credit card), and you hereby acknowledge that you may be held liable for any losses incurred by us or other players of our Services to a third party through the use of your account.
If you become aware of or suspect any loss, theft, fraud or unauthorized use of your account or account password, please notify us immediately.
You may not use our Services if the following applies:
If you are under 18 years of age or have not reached the age of majority in your country of residence, you hereby certify that your parent or guardian has reviewed and agreed to these Terms of Use.
Additional Essential Rules and Regulations:
If you access the Services through a social network, such as Facebook, or download the Services through a platform, such as Apple or Google, you must comply with the terms of use of the applicable third party provider in addition to these Terms of Use.
Access to our services:
In order to access or play our games or create an account with us, you may be required to have an account with a social network such as Facebook. In the case of our mobile device services, this may be an account with the company that provides your mobile applications, such as an Apple iTunes account. From time to time, you may be required to update third-party software in order to receive the Services and play yankuu.games games.
We provide the games and other services. You provide the device (computer, cell phone, tablet, etc.) and pay for all costs associated with connecting to the Internet and app stores, and for mobile data transfers to connect to and use the Services.
Changes to the service and restrictions:
Our Services are constantly evolving, and we may request your consent to changes to the Services, as well as to the Terms of Use, yankuu.games Privacy Policy, and other policies. From time to time, you may be required to update the Game or the software you are using in order to continue to use our Services. We may make such updates, including to the yankuu Game software located on the computer or mobile device you are using, remotely without notice to you.
yankuu.games reserves the right to discontinue offering the Services and/or support for it, a particular game, or any portion of the Services at any time, either permanently or temporarily. In this case, your right to use the Services or any of its components will be automatically terminated or suspended. In the event of such termination, yankuu.games shall have no obligation, except as otherwise provided by applicable law, to provide you with any refund, benefit or other compensation for any discontinued portion of the Services or any previously earned or acquired virtual items.
yankuu.games MAY, IN ITS SOLE DISCRETION, RESTRICT, SUSPEND, TERMINATE, MODIFY OR DELETE ACCOUNTS OR ACCESS TO THE SERVICES/ANY COMPONENT OF THE SERVICES, PROHIBIT ACCESS TO OUR GAMES AND WEBSITES AND RELATED CONTENT, SERVICES AND TOOLS, OR DELAY OR REMOVE HOSTED CONTENT. IN SUCH EVENT, yankuu.games SHALL HAVE NO OBLIGATION TO PROVIDE COMPENSATION FOR ANY LOSS OR IMPACT.
Delete your account:
You may discontinue your use of our Services at any time and you may request that we delete your account at any time. You may do so by contacting Customer Support (info@yankuu.games) to request deletion of your account. Except as otherwise required by applicable law, we are not obligated to provide any refunds, benefits or other compensation if you request deletion of your account.
Games and services:
The Services are composed of works owned or licensed by yankuu companies and are protected by copyrights, trademarks, trade dress, patents and worldwide intellectual property rights and other applicable law(s). All such rights are reserved. These Terms of Use do not give you or any other party any right, title, or interest in or to the Services or any component of the Services.
As long as you comply with these Terms of Use and other rules, you may use the Services subject to these Terms of Use for your own non-business entertainment purposes. You agree not to use the Services for any other purpose, and you agree that yankuu.games shall not be liable to you for any damages or losses arising from any unauthorized use.
If you violate these Terms of Use or any of our policies applicable to you, we may take action against you. These include, but are not limited to, termination of your account. Furthermore, your actions may be found to be unlawful, which may include infringement or violation of yankuu Game's intellectual property rights
ANY ATTEMPT BY YOU TO INTERFERE WITH THE SERVICE, INCLUDING BUT NOT LIMITED TO UNDERMINING OR TAMPERING WITH THE PROPER OPERATION OF A yankuu.games GAME, VIOLATES OR WILL VIOLATE yankuu.games TERMS AND CONDITIONS AND MAY SUBJECT YOU TO CRIMINAL AND CIVIL PENALTIES.
Your account and virtual items:
Any account you create on our Services, including our games, is not your property. Similarly, virtual items obtained through our Services are not your property. This is true whether you "earned" or "purchased" these virtual items. Your Account and all Virtual Items associated with it are the property of yankuu.games. yankuu.games grants you a limited license and right to use your Account and associated Virtual Items for as long as we offer the Services.
TO AVOID STORING DATA THAT IS NO LONGER NEEDED AND/OR TO IMPROVE OUR SERVICES, WE MAY DELETE OR TERMINATE ACCOUNTS THAT ARE INACTIVE FOR 180 DAYS (MEANING THAT NO LOGIN HAS OCCURRED).
You may not transfer virtual items outside of the Services (for example, "in real life") by selling, giving away, or exchanging them. Such transfers are not legally binding on us. You may not sublicense, trade, sell or attempt to trade any Virtual Items for "real" money, or exchange Virtual Items for any value outside of a Game. Such transfers or attempts to do so are prohibited and void, and we may terminate your account for this reason.
User content:
If you post, publish, transmit, or upload User Content to the Services, you agree to ensure that such Content meets the following requirements:
You are solely responsible for securing your content.
Any User Content that you post, publish or transmit will be considered non-proprietary and non-confidential. You retain all proprietary rights in your User Content, but to the extent permitted by law, you grant yankuu.games a perpetual, irrevocable (except as set forth below), worldwide, royalty-free, non-exclusive license to use, reproduce, prepare derivative works of, display and perform your User Content and modified or derivative works in connection with the Services, including use for marketing and promotional purposes. To the extent permitted by applicable law, you waive any moral rights you may have in User Content (such as the right to be identified as the author of the User Content or the right to object to a particular use of such User Content).
We may remove any of your User Content if, in our opinion, it does not comply with these Terms of Use or Rules. We may also notify third parties of your identity if they claim that your User Content violates their intellectual property or privacy rights. We will also make your User Content available to third parties or authorities where we are required to do so by law.
yankuu.games license to your User Content will terminate if you request deletion of your User Content (to do so, contact our customer support (info@yankuu.games). The following exceptions apply:
If you request deletion of your User Content, we will take all reasonable steps to remove your User Content from active use. This may include removing your User Content from our systems. However, the user content may remain on our systems. This includes backup copies. We will also retain copies of User Content if we have reason to believe that we are required to do so by law.
If you post, publish or transmit comments and observations within the Services, for example in forums, blogs or chat features, we cannot guarantee that other players will not use these ideas and information you share. If you have an idea or information that you would like to keep confidential and/or that you do not want others to use, do not post it.
yankuu.games IS NOT RESPONSIBLE FOR THE USE OR APPROPRIATION BY ANY THIRD PARTY OF ANY CONTENT POSTED, PUBLISHED OR TRANSMITTED BY YOU ON ANY FORUM, BLOG OR CHAT ROOM.
We have no obligation whatsoever to monitor the Services for objectionable or unlawful User Content or any such conduct by other players, and we assume no responsibility for any such conduct. In addition, we take no responsibility for any data, material, products or services provided by other players (for example, in their profiles), and User Content is not approved by us. By using our Services, you understand that you may be exposed to conduct that you find offensive or otherwise objectionable. We do not endorse any User Content posted on the Services, nor do we guarantee its correctness or accuracy. However, if anyone violates these Terms of Use or misuses the Services, please notify us by using the "Report Violation" link within the Services or by contacting our customer support (info@yankuu.games).
Although we are not required to monitor the Services, we may monitor, record or store your interactions with the Services or your communications with yankuu.games or other players at our sole discretion and in accordance with applicable privacy laws when you use the Services (including your communications via in-game texts or video chat). We also have the discretion to edit, not post or remove any User Content or other materials that we, in our sole discretion, deem objectionable.
If we determine that your communications or User Content violate these Terms of Service, or any Rules, we may, in our sole discretion and without notice, suspend your ability to communicate with other players or post User Content, or terminate your access to the Service entirely.
You are responsible for your interactions with other players. If you have a problem with another player, we are not obligated to intervene, but we reserve the right to do so.
In the event of a dispute between you and other players, you release the yankuu companies and all partners of yankuu GmbH from any responsibility, claims, demands and/or damages (direct or indirect), whether known or unknown, arising out of or in connection with such dispute. This includes damages due to loss of profits, reputation, use or data. This does not apply to users residing in the EEA or Brazil. If you are located in the EEA or Brazil, your liability to yankuu.games shall be governed by the laws applicable in your country of residence.
As part of the Services, we may offer you the opportunity to play with your friends or other like-minded opponents. To ensure that you always have opponents with the right skill level, some of these matched opponents may be automatically generated players who look and play like real people.
We may allow you to use the Services to send text or MMS messages to your friends, family or other contacts. You are not required to send these text messages, you are solely responsible for them, and you hereby acknowledge that standard messaging and internet access rates may apply, depending on your contract with your mobile service provider. You also understand that yankuu.games does not control the recipients, content, or timing of these text messages. If you choose to send text messages through the Services, you represent that the recipients of the text messages have reasonably consented to receive the text messages.
We provide a service in the form of access to games, virtual items and our other services. As part of these services, it is possible for you to obtain a limited license and right to use the virtual items and/or other goods or services by paying real money.
Procedure and operation:
You obtain a limited license and the right to use the Virtual Items by visiting the purchase page of one of our Services and authorizing payment information through the platform through which you play (e.g., Facebook, Apple, Google).
When purchasing virtual items in our games on other platforms, such as Facebook, Apple, or Google, yankuu.games is not involved in the transaction and your purchase is subject to the payment terms and conditions of the third-party platform provider. Please read the platform's terms of use for additional information.
For Virtual Items, your order constitutes an offer to us to obtain a limited license and right to use the applicable Services or Virtual Items, which is accepted by us upon acceptance of payment. At that time, the limited license begins.
For orders to obtain a limited license and the right to use virtual items, the following applies once you click the buy or order button in the purchase window or on the purchase page:
You acknowledge that, while you may "earn," "buy," or "acquire" virtual items on our Services, you do not legally own the virtual items and any number of virtual items do not represent any credit in real currency or its equivalent. Any "virtual currency" balance in your account is not a true value credit, but a measure of the extent of your limited license.
ALL PURCHASES ARE FINAL: YOU ACKNOWLEDGE THAT yankuu.games IS NOT OBLIGATED TO PROVIDE REFUNDS UNDER ANY CIRCUMSTANCES, AND THAT YOU WILL NOT RECEIVE ANY MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS IN THE EVENT OF TERMINATION OF YOUR ACCOUNT, WHETHER VOLUNTARY OR INVOLUNTARY, REGARDLESS OF WHETHER YOU MADE A PAYMENT THROUGH ANOTHER PLATFORM SUCH AS APPLE, GOOGLE, FACEBOOK, OR ANY OTHER SITE OR PLATFORM ON WHICH WE OFFER OUR SERVICES.
PURCHASES TO OBTAIN A LIMITED LICENSE AND RIGHT TO USE VIRTUAL ITEMS ARE NON-REFUNDABLE TO THE EXTENT PERMITTED BY LAW.
Additional payment terms:
You agree to pay for all applicable taxes and fees incurred by you or third party users of any account you register. yankuu.games reserves the right to revise the prices of goods and services licensed to you through the Services at any time.
We may occasionally offer you limited-time promotions. Please review the official rules or Terms of Use of Features (if applicable) in connection with any promotions. They are in addition to these Terms of Use.
Further, we may occasionally advertise special offers. We are not obligated to provide offers, and you are not obligated to accept them. Offers are non-transferable and cannot be redeemed or exchanged for other items of value, except at our sole discretion. If you accept an offer, you may be required to sign an eligibility statement and liability release, or sign other documents in order to receive the offer
Some offers are subject to taxes and other duties or require travel or other activities outside the virtual world. All of these will be specified, if applicable, prior to your acceptance of the offer. By accepting an offer, you assume all liability in connection with the offer.
Occasionally, we may provide links within the Services or our games to third-party websites or companies that invite you to participate in a promotion and offer you a feature or upgrade to the Services (such as in-game currency) in return. You are responsible for any costs or obligations you incur as a result of such interactions with third party companies.
We are not responsible for the websites of third parties that we link to our Services, and such link does not imply that we endorse or approve of the linked site or any information you may find thereon. We will not be liable for any claims relating to any third party content, goods and/or services.
Please also note that we have no control over the linked third-party sites, and they may collect your information, ask you to provide personal or other information, or automatically collect information about you. When you use these third party sites and services, that third party may ask you for permission to access your data and content. We are not responsible for the content, business practices, or privacy policies of these third parties or the manner in which they collect, use, or share information about you.
We respect the intellectual property rights of others and require the same from you. We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act ("DMCA"), the E-Commerce Directive and related legislation in the EU, and similar or equivalent other local laws. We reserve the right to terminate a Player's access to the Services if we conclude that such Player has committed repeated copyright infringement. We are not obligated to notify the player in advance in this regard.
We may ask you for feedback on certain features through a promotion or our customer feedback program. You are not obligated to respond to our request. Any feedback you send us in response to a request as part of a promotion or program is subject to the rules of the specific promotion or program. Ideas, information or feedback that you voluntarily send to us are subject to these Terms of Use.
The yankuu companies and partners of Yankuu GmbH do not represent or warrant that the Services or any Content contained therein will always be available or free from interruptions or errors. We may suspend, revoke or limit the availability of any or all of our Services due to business and operational reasons.
USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. THE YANKUU COMPANIES AND YANKUU GMBH PARTNERS DISCLAIM ALL WARRANTIES, CONDITIONS AND OTHER TERMS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE YANKUU COMPANIES AND YANKUU GMBH PARTNERS DISCLAIM ALL WARRANTIES OF TITLE AND IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
If these disclaimers are not permitted in your state or country, they will not apply to you. If your state or country requires a specific warranty period, it will be either 30 days from your first use of the Services or the minimum period required by law, whichever is shorter.
YOU HEREBY ACKNOWLEDGE THAT THE YANKUU COMPANIES AND THE PARTNERS OF YANKUU GMBH ARE NOT LIABLE FOR THE FOLLOWING:
(1) INDEMNIFICATION FOR INDIRECT, INCIDENTAL, SPECIAL AND CONSEQUENTIAL DAMAGES, CIVIL PENALTIES, COURT COSTS AND CONSEQUENTIAL EXPENSES TO THE EXTENT THAT SUCH CLAIM ARISES OUT OF THE USE OF OR INABILITY TO USE THE SERVICES. THIS ALSO APPLIES TO LOSS OF PROFITS, LOSS OF DATA OR REDUCTION OF GOODWILL.
(2) INDEMNIFICATION FOR DAMAGES RESULTING FROM THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL WEBSITES.
THE ENTIRE RISK OF USE OF THE SERVICES AND EXTERNAL WEBSITES AND THE RISK OF INJURY ARISING OUT OF THE SERVICES AND EXTERNAL WEBSITES RESTS SOLELY WITH YOU.TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE DISCLAIMERS CONTAINED IN THESE TERMS OF USE SHALL APPLY TO ANY DAMAGES OR INJURY ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES OR THE INABILITY TO USE THE SERVICES, FOR ALL CAUSATIVE ACTS AND IN ALL JURISDICTIONS, INCLUDING, BUT NOT LIMITED TO, BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING THE LEGAL CONSTRUCT OF "NEGLIGENCE" IN EQUITY).
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF YANKUU COMPANY AND/OR YANKUU GMBH'S AFFILIATES SHALL BE LIMITED TO THE TOTAL AMOUNT PAID BY YOU TO YANKUU COMPANY AND/OR YANKUU GMBH'S AFFILIATES DURING THE ONE HUNDRED EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST MAKE SUCH CLAIM.
IF YOU HAVE NOT MADE ANY PAYMENT TO YANKUU COMPANY AND/OR YANKUU GMBH'S AFFILIATES IN THE ONE HUNDRED EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU MAKE SUCH CLAIM, THE SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH YANKUU COMPANY AND/OR YANKUU GMBH'S AFFILIATES IS FOR YOU TO DISCONTINUE USE OF THE SERVICES AND TERMINATE YOUR ACCOUNT.
Some states or countries prohibit the exclusion of certain warranty options or the limitations/exclusions of liability described above. This means that these limitations/exclusions of liability may not apply to you if you are a resident of one of these states or countries. These limitations/exclusions of liability apply in full to New Jersey residents.
These limitations/exclusions of liability do not apply to users residing in the EEA or Brazil. If yankuu.games does not comply with these Terms of Use, yankuu.games will be responsible for any loss or damage suffered by you that is a foreseeable consequence of yankuu.games' breach of these Terms of Use or results from yankuu.games' negligence. yankuu.games will not, however, be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach, or if it was contemplated by you and yankuu.games at the time of entering into the Agreement.
THIS SECTION APPLIES ONLY TO PLAYERS IN THE US AND CANADA.
If you have a problem with the Services, much of it can be resolved by contacting us.Before you initiate formal legal proceedings, you must send written notice to yankuu GmbH, Stimmerstrasse 82, 8200 Schafhausen, Switzerland to give us the opportunity to resolve the dispute with you informally through negotiation. If yankuu.games has a dispute with you, we may notify you at the address and/or email address on file for you. You and yankuu.games agree to negotiate the dispute in good faith at least 30 days after notice of the dispute.
If the Dispute is not resolved within 30 days of receipt of notice of the Dispute, we or you may pursue the claim in arbitration as described in this Section. You and yankuu.games each agree that a Dispute may not be submitted to arbitration unless and until the party submitting the Dispute to arbitration has complied with the requirements of this paragraph to the extent possible.
Mutual agreement to arbitration:
By voluntarily and expressly agreeing to these Terms of Use, you and yankuu.games and any members of the yankuu Companies agree, to the fullest extent permitted by law, to resolve claims related to or arising out of the Terms of Use, your relationship with us or yakuu Games Services, including but not limited to your use of the Services and information you provide through the Services, through final and binding arbitration.
This applies to all claims, unless the claim falls under one of the exceptions listed below in the section "Exceptions to the Arbitration Clause". This arbitration clause also applies if you stop using or delete your yankuu.games Account. (In this Section 15 and in Section 17, you, yankuu.games, and any members of the yankuu Companies may be referred to individually as "a Party" or collectively as "the Parties").
Arbitration will take place before a neutral arbitrator instead of a judge and jury, and by voluntarily accepting these Terms of Use, you, yankuu.games and any members of the yankuu Companies waive their right to proceed before a judge. Arbitration is less formal and offers limited opportunities to compel the other side to disclose information relevant to the dispute. The arbitrator may award the same damages or compensation on a case-by-case basis that a court may award to an individual, except as limited herein. If a party is not satisfied with the arbitrator's decision, courts have limited ability to change the result.
If there is any dispute as to whether this arbitration agreement in this Section 15 (or any part thereof) is enforceable or applicable to the Dispute, all parties agree that an arbitrator shall be solely empowered to resolve such issues.
In addition, if a Dispute is brought by you, yankuu.games or any member of the yankuu Companies that should be resolved by arbitration, or if either party to the Dispute refuses to have a Dispute heard by arbitration where it is appropriate to do so, then another party may obtain a court order to resolve the Dispute by arbitration (i.e., compel arbitration). You, yankuu.games or any member of the yankuu Companies may also obtain a stay of any court proceeding while arbitration is in progress.
Place of arbitration:
The Arbitration Tribunal (Arbitration Authority), located in Zurich, Switzerland, shall administer any arbitration between you and yankuu.games or the member of the yankuu Companies. In the event of a conflict between these Terms of Use and the rules and procedures of the Arbitration Tribunal, the parties agree that the Terms of Use shall prevail.
To initiate arbitration, you submit your claim and a copy of these terms to the arbitration authority in Zurich.
Exceptions to the arbitration clause:
All parties agree that the following disputes shall be resolved in court:
1. disputes related to intellectual property of which you or yankuu.games or any member of the yankuu companies is the owner (for example, trademarks, trade dress, domain names, trade secrets, copyrights or patents)
2. If the only form of relief sought is injunctive relief
The parties agree not to pursue injunctive relief (i.e., an order that the other party do or refrain from doing something, other than paying damages) in arbitration. Such relief must instead be sought in court. If a party seeks both injunctive and other relief in a proceeding, it is obligated to seek the former in court, but to seek the other relief in arbitration.
More information on which court the parties may turn to for the resolution of disputes not subject to arbitration is provided in Section 17 (Venue for Disputes) Not Subject to Arbitration).
No class actions:
By voluntarily accepting these Terms, you, yankuu.games, or any member of the yankuu Companies agree that the parties may assert claims against each other only on an individual basis.
This means the following:
The parties agree that neither you nor yankuu.games nor any member of the yankuu Companies may bring a claim as a plaintiff or class member in a class action, consolidated class action, or representative action, or otherwise seek to recover losses incurred by a third party.
Deselection of the arbitration clause and the waiver of class actions:
You have the right to opt out of the arbitration clause, thereby giving you the right not to be bound by the arbitration agreement, by sending us written notice of your decision to opt out through Customer Support or by mail as described in Section 23 (Notices). The notice must be sent within thirty (30) days of your first use of our Services or availability of such opt-out, whichever is later. Otherwise, you will be bound by the dispute resolution process described in Section 15. By opting out of these dispute resolution measures, yankuu.games will also not be bound by them.
Continued existence:
This Section 15 shall survive the termination of these Terms of Use.
You agree that all disputes arising out of or in connection with these Terms of Use shall be governed by Swiss law and that the exclusive place of jurisdiction shall be Zurich / Switzerland (subject to any mandatory jurisdiction).
If you are located in the United States, any legal proceedings that are excluded from the arbitration clause in Section 15 must be brought in the courts of Zurich, Switzerland, unless another location is mutually agreed upon. You, yankuu.games and Member of yankuu Companies agree to the place of jurisdiction in Zurich / Switzerland.
All paragraphs of these Terms of Use are independent of each other. If any part of the Terms of Use is unenforceable, the remainder of the Terms of Use shall continue to be valid and binding. Unenforceable portions will also be replaced in a manner that preserves the intent of the unlawful or unenforceable portions to the greatest extent possible.
We may assign our rights or obligations under these Terms of Use to any person or entity at any time without your consent. You may not assign your rights or obligations under these Terms of Use to any third party without first obtaining yankuu.games written consent. Any attempt to do so without our consent is void.
If we provide a translated version of these Terms of Use, Privacy Policy or any other terms or conditions, it is for informational purposes only. If the meaning of the translated version differs from the German version, the German version shall prevail.
If we do not enforce our rights under these Terms of Use, we do not waive our right to do so at a later time. If we expressly waive any provision of the Terms of Use, it will not be for an indefinite period of time. If we waive our rights with respect to a default or breach committed by you, we will do so in writing. This does not mean that we automatically waive our rights for any subsequent breach or violation committed by you.
If we need to notify you of something related to the Terms of Use or Rules, we may notify you by posting a message within the yankuu.games you use, or by sending you an email or using other means of communication based on the contact information you provide to us.
If you need to notify us of any matter relating to the Terms of Use, Rules, you must do so in writing to yankuu GmbH, Stimmerstrasse 82, 8200 Schaffhausen Switzerland - unless we have specified a more specific method of contact.
We will not be liable for changes or problems over which we have no control, such as changes or problems caused by natural disasters, war, terrorism, riots, embargoes, acts of civil authorities or military bodies, fire, flood, accidents, network infrastructure failures, strikes, or shortages of transportation capacity, fuel, energy, labor, or materials.