General Terms and Conditions
GTC of Kingsleague Germany GmbH (hereinafter „Kingsleague“).
1.1.1 Kingsleague means both Kingsleague Germany GmbH and, depending on the context, the Software/App and all functionaries and active employees associated with it.
1.1.2. A consumer within the meaning of Sec. 13 BGB (German Civil Code) is any user whose actions are predominantly neither commercial nor self-employed.
1.1.3. Written form also includes such declarations that are transmitted by e-mail.
1.1.4. A match is a game between two or more registered users, regardless of the specific game title and the specific stake.
1.2. Scope of Application, Notifications and Amendments to these GTC
1.2.1. All Kingsleague Services (hereinafter "Services") are provided solely on the basis of Kingsleague's current GTC. By registering, the user declares that he agrees to the GTC and their exclusive application. In versions of these GTC that are not in German, the German legal meaning of the words is always decisive, even if they have different meanings in other legal systems.
1.2.2. All declarations submitted in connection with the user agreement to be concluded with Kingsleague must be made in writing. The e-mail address is [email protected].
1.2.3. Kingsleague reserves the right to change these GTC at any time if necessary to adapt them to developments. Kingsleague will then send the amended GTC to the users via e-mail at least six weeks before they come into force. The user has a four-week special right of termination from the date of notification of the adjustment, which he must exercise in writing. If he does not do so, the changes will become part of the contract at the time they take effect. The user will be informed of this consequence in the notification.
1.3. Contract, Parties
1.3.1. The contract between Kingsleague and the user s is for an indefinite period of time. The user may terminate this contract at any time in writing, unless he is in an ongoing match or has an open ticket.
1.3.2. The contractual partner of the user is Kingsleague Germany GmbH with its registered office at Eben 1, 83703 Gmund am Tegernsee, Germany. Kingsleague only offers its services to users with unrestricted legal capacity. Kingsleague is entitled to verify this condition at any time and without cause. The user is obliged to cooperate, in particular by submitting suitable documents. Should a user fail to comply with this obligation to cooperate, Kingsleague has the right to delete the respective account and to block the user.
1.3.3. If a user becomes aware that the Services are also used by minors, we kindly ask you to send a message with the relevant information to [email protected].
1.3.4. Users shall comply with all laws applicable in their country of residence. If a user uses the Kingsleague Services despite being restricted or prohibited by local laws or regulations, no contract will be entered into with Kingsleague. Kingsleague assumes no liability for the legal admissibility of the offer.
1.3.5. Users who have already been blocked by Kingsleague in the past are excluded from any future use.
2.1. The use of the Kingsleague App requires the registration of the user. All users must be adults of full age. Registration is free, there is no registration fee. There is no right to registration, Kingsleague can refuse the registration without giving reasons.
2.2. It is not permitted to register with Kingsleague more than once, nor to set up, maintain or use several user accounts. A user account is not transferable to any other person.
2.3. The user must use the input mask provided for registration and provide complete, truthful and up-to-date information. Any subsequent changes to this data (e.g. address or bank details) must be immediately updated and verified by the user.
2.4. The user must choose a username that does not consist of an e-mail or internet address, violates the rights of third parties or offends common decency. This username is visible to all other users.
2.5. For security reasons, the password to be chosen by the user may not be identical with the username and may be changed subsequently as required. The password must be kept secret by the user and changed regularly. If the user breaches these duties of care and this results in unauthorised access to the user account by a third party, this will be at the expense of the user and Kingsleague will not be liable for any damages.
2.6. The user shall indemnify Kingsleague against all third party claims resulting from a culpable breach of these duties of care during the registration process. This also includes the legal defence costs incurred by Kingsleague.
3. Scope of Use
3.1. The use of Kingsleague may be subject to certain conditions imposed by Kingsleague, such as the type of membership (if different ones exist), minimum age, proof of payment, number of matches played or identity verification.
3.2. The user's right to use the Kingsleague and its functions is limited to the state of the art. Temporary limitations may arise due to technical disruptions such as interruption of telecommunications, power supply, hardware and software failures.
3.3. It is the responsibility of the users to ensure that the hardware and software used by them is up to date and suitable, as well as the corresponding internet connection. Kingsleague is not responsible for the functionality of the media used for the games. The same applies to costs arising from the use of such media.
3.4. Maintenance times may be carried out to ensure the security, integrity and performance of the servers. These are announced to the users, if possible, beforehand.
4. Closing or Deactivating the Account
4.1. The user can terminate and close his account in writing at any time, provided he is not in an ongoing match or has an open complaint ticket. Any remaining credit will be paid out to the user within 30 calendar days after closure.
4.2. Kingsleague reserves the right, at its sole discretion, to close a user account at any time and without prior notice. This can particularly be the case when a user is inactive, which means playing less than 3 matches in a timeperiod of 6 months. The user will be notified of such action by e-mail. In the event of closure, the user's account will be irrevocably deleted and any remaining credit will be paid to the user within 30 calendar days of closure. In the event of an extraordinary termination, a one-time payment fee of EUR 15.00 will be charged, which will be offset against the credit balance. There is a right of retention of the user's credit balance for any claims by Kingsleague.
4.3. Kingsleague reserves the right to withhold any funds in the user’s account, including but not limited to winnings, and/or deactivate the account should Kingsleague have reasonable grounds to believe that
4.3.1. The user has more than one active account with Kingsleague;
4.3.2. The name and other details do not match the name and other details on the credit or debit card or other payment accounts used for deposits at Kingsleague;
4.3.3. The user has participated in a Kingsleague bonus promotion and has requested withdrawals before the user has fulfilled the relevant bonus conditions;
4.3.4. The user has provided incorrect or misleading information during registration and/or in the course of his contractual relationship with Kingsleague;
4.3.5. The user fails to provide the requested correct identification documents within the requested timeframe;
4.3.6. The user is under 18 years of age;
4.3.7. The user uses the Kingsleague product range from a country where the Services are prohibited by law;
4.3.8. The user deposits funds resulting from criminal, other illegal or unauthorised activities;
4.3.9. The user cheats, attempts to cheat or has cheated anyone or the user has used or has used a system (including machines, robots, computers, software or other automated systems) which has been developed or is capable of damaging the user application and/or software or has colluded with or attempted to collude with other users to cheat Kingsleague or other users;
4.3.9. The user has enabled (knowingly or unknowingly) a third party to use his/her account;
4.3.10. The user performs games on behalf of or for the account of third parties, intermediaries or their employees;
4.3.11. The user promotes, encourages or participates in activities that involve hacking, phishing, the dissemination of counterfeit services or the use or creation of exploits, cheats, bugs, errors or undocumented features, except for the sole purpose of privately and directly notifying Kingsleague;
4.3.12. The user provides any material or information through Kingsleague that infringes any intellectual property right, right to privacy, right to publicity or other right of any person or entity or impersonates any person, including but not limited to celebrities and employees of Kingsleague.
4.4. A previous warning is not necessary for these measures, because the protection of the other members has top priority.
4.5. Any stakes already placed and any outstanding games which are valid and do not violate these GTC shall remain unaffected by the account closure or deactivation.
5. Participation in Games
5.1. The titles displayed on the Kingsleague and the consoles or platforms through which they are played must have been legally purchased by the user. The Kingsleague has no rights whatsoever to their content. Kingsleague is not liable for any failure or defect of the game titles and consoles or platforms in this respect.
5.2. Kingsleague reserves the right to limit the number of participants in matches and tournaments, including time limits.
5.3. The entry-fee of the users minus the match fees constitute the prize money for the match. The match fee withheld by Kingsleague is calculated as a percentage of 10% of the respective entry-fees and is automatically deducted from the stakes. The winner of the match will receive the match prize money by crediting their virtual balance account.
5.4. The provisions of the Kingsleague that govern the rules, conditions and contractual terms for the completion of the matches found on the Kingsleague are an integral part of these GTC. Users must abide by these rules.
6. Deposits and Fees
6.1. After successful registration, the user can top up his virtual cash balance account. This is done via a payment system approved by Kingsleague (e.g. bank transfer, Paypal, credit card, etc.) to a trustee account designated by Kingsleague. Kingsleague may set a maximum and minimum amount. There is no interest on the money on the account.
6.2. If the deposit into the player account and the processing of payment transactions causes special costs, in particular due to payment returns or increased bank charges for transfers from abroad or to foreign countries (e.g. for payouts of winnings or credit balances), Kingsleague shall be entitled to debit these costs to the player account. Kingsleague will charge the actual return debit fees for processing returned payments as well as EUR 3.50 for each reminder after the default has occurred. We reserve the right to assert further claims for damages, in particular compensation of third parties for the processing of payment returns (e.g. collection and legal costs or costs of a payment service provider). The user shall bear all costs if a credit to the player account is charged back for reasons for which the user is responsible (e.g. return debit entries due to revocation, insufficient account coverage or incorrect account number). Furthermore, Kingsleague is entitled in this case to commission a collection agency with the collection of claims arising from this and to assign the claims including costs incurred against the user to the collection agency.
6.3. Kingsleague reserves the right to check the member's creditworthiness in an appropriate manner and to forward personal data (name, address, date of birth, payment amount including processing fees) to the credit agencies InFoScore Consumer Data GmbH, Rheinstr. 99, 76532 Baden-Baden, SCHUFA Holding AG, Berlin, Mariendorfer Damm 1-3, 12099 Berlin and/or Informa Unternehmensberatung GmbH, Freiburger Str. 7, 75179 Pforzheim, which will be stored and processed for the purposes of a credit assessment. In addition, creditworthiness information is obtained on the basis of mathematical-statistical procedures from the aforementioned credit agencies.
6.4. The winnings, stakes and fees will be settled directly on the player accounts by Kingsleague. If, for any reason whatsoever, this settlement leads to a shortfall in cover, the user shall be obliged to make an immediate additional payment up to a positive balance amount.
6.5. With the payment, the player declares to provide a security by depositing money (Sec. 232 f German Civil Code) on Kingsleague's claims for payment (Sec. 675 German Civil Code) and reimbursement of expenses (Sec. 670 German Civil Code) as well as a contractual penalty and damages.
7. Virtual cash account
7.1. After the irrevocable receipt of payment to the administrative account of Kingsleague, the user shall be credited the corresponding amount to his virtual cash balance account. This can then be used by the user exclusively for the functions offered by Kingsleague (e.g. use for games). All paid services (in particular match fees) as well as bonuses, special payments and the like will be charged to the virtual cash account.
7.2. The credit balance may not exceed EUR 10,000.00. If the balance is exceeded, the user will automatically be paid the difference to the maximum permissible amount of EUR 10,000.00.
7.3. Bonus Balance credit is gradually released through participating in wager games and credited to the cash account. It cannot be wagered or cashed out. It expires 30 days after it has been credited. There will be no further notification before its expiration or refund for it.
8.1. The user may, notwithstanding 4.1, request the payment of his credit balance, provided that this amounts to at least EUR 10.00. The prerequisite for the payment is that the identity verification of the user has been successfully carried out and a transcription of the user has taken place. The identity verification obliges the user, among other things, to present a copy of his proof of identity (identity card, passport) as well as to complete further measures for identity verification (e.g. interaction via video).
8.2. Every user is entitled to one free payment per calendar month. In addition, there can be processings fee as shown on Kingsleague. Furthermore, the regular limitation period of Sec. 195 German Civil Code applies. If the member plays less than three games within six months, Kingsleague may charge a one-time inactivity fee of EUR 6.00 for maintaining the registration.
8.3. Payment shall be made within 30 calendar days of verification of the payment request to the payment address provided for the deposit, with the effect of discharging Kingsleague's debt. If payment is not possible, the user must provide an alternative payment address within 30 calendar days of notification by Kingsleague. If the user does not comply with this request, or if the alternative payment address provided is also not available, Kingsleague reserves the right to charge a monthly fee of EUR 10.00 for the safekeeping of the funds. This fee will be deducted from the user 's credit balance.
8.4. It is not possible to withdraw bonuses and credits from promotions and raffles. In these cases, the user is informed in advance that these amounts will only be credited to the virtual cash balance account. Explicitly excluded from this are prizes which the user achieves by placing in the periodically held Kingsleague series.
8.5. Kingsleague actively combats money laundering. All transactions are checked to prevent money laundering and suspicious transactions are reported to the relevant authorities. Users are aware of the possibility of a tax liability on their profits.
9.1. Members may contact each other, e.g. when they challenge for a game or otherwise interact via Kingsleague. Members agree to exchange only such contents that
9.1.1. are free from obvious and camouflaged advertising;
9.1.2. are not unobjective, untrue, defamatory, derogatory, libellous, morally offensive, pornographic or otherwise relevant under criminal law;
9.1.3. do not infringe the rights of third parties;
9.1.4. do not contain viruses, computer programs or other malware that could impair the functionality of other computer systems;
9.1.5. are not surveys or chain letters;
9.1.6. not for the sole purpose of disseminating a political, philosophical or religious belief;
9.1.7. do not serve the purpose of collecting, storing or using personal data of users for business purposes in particular without the respective express consent.
9.2. Kingsleague reserves the right to block or delete any abusive communication and, where appropriate, to inform the competent authorities thereof. Kingsleague further reserves the right to withhold any funds in the account, including but not limited to winnings, and/or deactivate the account in the event of any abusive communication.
10. Public Relations and Licensing
10.1. Kingsleague receives from the users a royalty-free, non-exclusive right of use for all uploads, images, screenshots, contributions and other user products as well as transmissions on the Platform, free of time and place.
10.2. All users agree that Kingsleague may, at its sole discretion, make publicly accessible, use and reproduce user names, recordings and/or screenshots, information on the amount of a user's winnings and other data generated on the Kingsleague for the purpose of advertising, reporting and publication in all media. The user is not entitled to remuneration.
11. Performance Delays
Kingsleague shall not be responsible for delays in performance due to force majeure or special unforeseeable events (e.g. loss of subcontractors, forces of nature, terror, other circumstances for which Kingsleague is not responsible). In such cases Kingsleague shall have the right to postpone the performance accordingly and to withdraw from the contract if there is a permanent impediment to performance.
The Kingsleague may provide links or references to other websites. Kingsleague has no particular knowledge of the information contained on such other websites and does not advertise any companies or products to which it links. Kingsleague is not responsible for the content or policies of such other websites and is not liable for any damages arising out of the user’s access to or use of such other websites. If users choose to access any of the third-party websites to which the site is linked, Kingsleague is not responsible for such access. Kingsleague reserves the right to terminate any link or linking program at any time.
13.1. If the user chooses an electronic payment method, he shall exclude any revocation or similar actions if the payment order is properly executed.
13.2. The following instruction on the right of withdrawal applies to users who are consumers:
Beginning of the revocation instruction
Right of revocation
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period shall be fourteen days from the date of conclusion of the contract.
In order to exercise your right of revocation, you must inform us,
Kingsleague Germany GmbH
83703 Gmund am Tegernsee
Email: [email protected]
by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this Agreement. You can use the attached sample revocation form, which is not mandatory.
In order to comply with the revocation period, it is sufficient for you to send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us).
We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund.
If you have requested that the Services be commenced during the withdrawal period, you shall pay us a reasonable amount equal to the proportion of the Services already provided by the time you notify us of the exercise of the right of withdrawal in respect of this Agreement in relation to the total Services provided for in the Agreement.
End of the cancellation policy
13.3. In the event of revocation, the following form can be completed and returned to the business or email address:
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*)
Ordered on (*)/received on (*)
Name(s) of consumer(s)
Address of consumer(s)
Date, signature of consumer(s) (only for paper notification)
(*) Delete as appropriate
14. Availability and liability
14.1. Kingsleague shall not be liable for its Services being available and usable at any time and from any location. Nor shall Kingsleague be liable for any input, transmission and/or evaluation errors or for any damage caused to the user as a result of misuse of the user account by a third party.
14.2. Unless otherwise provided in these GTC, the user's claims for damages and reimbursement of expenses against Kingsleague, regardless of the legal grounds, are excluded, subject to indisputable statutory exceptions. This also applies to the personal liability of Kingsleague's employees, representatives and vicarious agents.
15. Salvatory clause, choice of law, place of jurisdiction
15.1. Should any provision of these GTC or a provision subsequently incorporated into them be or become invalid, unenforceable or void in whole or in part, or should a loophole in these GTC or their amendments become apparent, this shall not affect the validity of the remaining provisions.
15.2. All agreements between Kingsleague and the user shall be governed exclusively by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods and other uniform laws.
15.3. Unless the user is a consumer, the place of jurisdiction for all disputes arising out of or in connection with the contractual relationship between the user and Kingsleague shall be Berlin, Germany. If the user, who is a consumer, does not have a general place of jurisdiction in Germany or if his place of residence or usual abode is not known at the time of the judicial assertion, the place of jurisdiction shall be Berlin, Germany. However, Kingsleague shall always be entitled to bring an action at the general place of jurisdiction of the user.