§1 Scope of application
§2 Subject matter of the contract, content of the usage relationship, costs, contract duration
(1) Shikenso GmbH operates the website shikenso. com as an internet platform for gamers (hereinafter referred to as "User"). The use is possible as an unregistered or registered user.
(2) Without registration, the user can use the following services free of charge: (a) view games (streams), (b) overview of current tournaments, (c) view the dates entered in the public calendar, (d) use of the shikenso filter. All other services require registration.
(3) Registered users can use the following services free of charge: (a) acquisition of coins by Dailies/Achievements, (b) purchase of coins in the Shikenso Shop, (c) creation and adaptation of an individual calendar ("Calendar"), (d) publication of their own calendar with indication of their own stream, (e) entry of appointments and other events in the calendar. Coinage "in the sense of this provision is a website currency. With this currency, you can activate chargeable services on shikenso. com.
(4) Registered users can take advantage of the following addition services, to which a fee applies: (a) purchase of impressions for the Calendar, (b) purchase of streaming slots on the front page, (c) purchase of streaming slots in specific games, (d) promotion of (push) registered streamers by providing coins to these. The cost of additional services is determined by the current price list. Payments for booked additional services subject to a fee will not be refunded to the user - even after termination.
(5) The user agreements for registered users are offered as subscription contracts (membership). The free membership can be terminated at any time in text form or by deactivating the user account. The duration of additional services subject to a charge extends over the minimum contract period chosen by the user. It is automatically extended by the booked period of use if it is not terminated in due time by post, fax or e-mail. The period of notice is one month to the end of the respective term.
(6) Shikenso GmbH reserves the right to develop individual functions on shikenso. com, i. e. in particular to modify, extend, delete or add new functionalities. The user shall not be entitled to the availability of individual functions.
§3 Registration, user account and user profile, conclusion of contract
(3) Only one membership per user is allowed.
(4) The data used for the purpose of use shall be entered in full and truthfully and shall be updated without delay in the event of changes. Shikenso GmbH accepts no responsibility for the completeness and accuracy of the data provided by the users.
(2) It is prohibited to influence pricing by setting up several user accounts or profiles themselves or by means of third parties.
(3) The contact data obtained through the use of the services on shikenso. com may only be used for the processing and in the relationship between the users. The contact data may not be used for the mere sending of advertising or sold to third parties.
(5) The user acknowledges that a 100% availability of shikenso. com is technically not feasible. Shikenso GmbH will make effort to make shikenso. com available at all times. Disruptions or temporary suspensions of the services on shikenso. com may result in particular from events outside the sphere of influence of Shikenso GmbH. This could be, for example, and not conclusive, a power outage or interference with the network provider. Shikenso GmbH is not responsible for such disturbances.
§5 Cancellation policy
(1) Consumers have a legal right of withdrawal when concluding a distance selling transaction, about which the provider informs according to the legal sample below. Paragraph 2 contains a sample withdrawal form. A consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to his commercial or self-employed professional activity.
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving any reasons.
The revocation period is fourteen days from the date of conclusion of the contract.
In order to exercise your right of revocation, you must inform us, Shikenso GmbH [Sebastian-Kneipp-Straße, 41, 60439, Frankfurt am Main, +49 69 5050 643 24, firstname.lastname@example.org ], by means of a clear explanation (e. g. a letter or e-mail sent by post) of your decision to revoke this contract. You can use the enclosed sample revocation form for this purpose, but it is not mandatory.
In order to comply with the cancellation deadline, it is sufficient for you to send the notice of cancellation prior to the expiry of the cancellation deadline.
Consequences of the revocation
If you revoke this contract, we will be obliged to refund all payments received from you, including delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery from the standard delivery offered by us) without delay and within 14 days at the latest from the day on which we receive notification of your cancellation of this contract. We will use the same means of payment for this repayment as you used in the original transaction, unless otherwise expressly agreed with you; in no case will you be charged for this repayment.
End of the cancellation policy
(2) The provider informs about the sample revocation form according to the legal regulation as follows:
Sample revocation form
(If you wish to revoke the contract, please fill in this form and send it back.
To Shikenso GmbH, Sebastian-Kneipp-Straße 41, 60439 Frankfurt am Main, +49 69 5050 643 24:
Herewith I/we (*) hereby revoke the contract for the provision of the following services concluded by me/us (*): _______________________________________
Ordered on (*)/received on (*):
Name of the consumer (s):
Address of the consumer (s):
Signature of the consumer (s) (only for communication on paper):
(*) Delete as applicable
§6 Terms of Payment and Billing for Chargeable Additional Services
(1) The usage fee (including statutory value-added tax) per order is stated on the order form and in the price list. The amount shown at the time of the order shall apply.
processing is carried out via Paypal. [PayPal (Europe) S.à r.l. et
22-24 Boulevard RoyalL-2449 Luxembourg] (hereinafter “Paypal"), with which shikenso. com cooperates for payment and billing purposes.
(4) Paypal acquires the purchase price claim from Shikenso GmbH, corresponding to the respective use of chargeable additional services, from the customer and settles these claims in its own name and for its own account.
(5) If a payment for the contents provided by Shikenso GmbH should not or only in part be collected from the payment agencies, the customer's data required for collection will be forwarded to Paypal for own follow-up by Shikenso GmbH. In such a case Shikenso GmbH will block the user's account.
§7 Restriction to platform services
Shikenso. com is merely a platform and does not participate in the communication between users. Shikenso GmbH is not involved in any contractual relationship between the users. Order processing, disputes and disputes between the users are not covered by the contract of use. They are to be handled or managed between the users.
The user who publishes the contents on the internet platform of Shikenso GmbH is solely responsible for the contents. Shikenso GmbH has no influence on the texts of the users. The user must ensure that his or her contents are legally permissible. Contents which are offensive, vulgar, racist, discriminatory, youth endangering, pornographic, glorifying violence, criminal law relevant or otherwise illegal or immoral are prohibited and can be removed by Shikenso GmbH. Misleading and otherwise distorting content is also prohibited. Section 4 (4) shall apply accordingly. References to own services or services of third parties, which are in competition with the offer of Shikenso GmbH, are furthermore prohibited.
Shikenso GmbH is not liable for a certain availability of the internet platform. Restrictions on functionality and availability are at the discretion of Shikenso GmbH. Shikenso GmbH will respect the interests of the users within the scope of the appropriate consideration.
§10 Limitation of liability
(1) Shikenso GmbH is liable according to the legal regulations for intent and gross negligence of Shikenso GmbH, its legal representatives, executives or other vicarious agents. This shall apply accordingly in the event of liability without fault, the assumption of guarantees, claims under the Product Liability Act or culpable injury to life, body or health. In the event of a breach of essential contractual obligations, Shikenso GmbH's liability is limited to the typically occurring and foreseeable damage.
(2) Shikenso GmbH accepts no further liability. The limitation of liability and the exclusion of liability shall also apply to any personal liability of the legal representatives, executives and other vicarious agents of Shikenso GmbH.
(3) If the user is sued by third parties for his or her content (e. g. because of infringement of industrial property rights or further intellectual property) he or she is liable for this and bears all costs of the necessary legal defense in the amount of the statutory fees, unless the user is not responsible for the infringement. Shikenso GmbH does not adopt the contents of the users as its own. The user is obliged to indemnify Shikenso GmbH against claims of third parties or other users, in particular against claims for replacement and reimbursement. Shikenso GmbH has a claim for information against this user regarding all information necessary for the examination of claims and defence measures. The information must be provided immediately upon request by Shikenso GmbH.
§11 Data processing
(1) Shikenso GmbH collects user data within the framework of the execution of contracts. In particular, it observes the regulations of the German Federal Data Protection Act and the German Telemedia Act. Without the user's consent, Shikenso GmbH will only collect, process or use the user's inventory and usage data to the extent that this is necessary for the processing of the contractual relationship and for the use and billing of telemedia.
(2) Without the user's consent, Shikenso GmbH will not use the user's data for advertising, market or opinion research purposes.
(3) The user has the possibility at any time to retrieve, change or delete the data stored by him/her in his/her profile under the button "Settings". In addition, reference is made to the data protection declaration with regard to user consent and further information on data collection, processing and use, which can be called up at any time on the Shikenso GmbH website via the "Data protection" button in printable form.
§12 Final provisions
(1) Shikenso GmbH is entitled to transfer rights and obligations arising from the contract of use in whole or in part to third parties. Shikenso GmbH will announce an intended transfer at least four weeks in advance. The user can object to the transmission within four weeks after the announcement.
(3) The law of the Federal Republic of Germany shall apply to contracts between Shikenso GmbH and the users, excluding the UN Convention on Contracts for the International Sale of Goods.
(4) Insofar as the user is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the user and Shikenso GmbH is the registered office of Shikenso GmbH, currently 60439 Frankfurt.
(5) The place of performance is the registered office of Shikenso GmbH.