Terms of Use

1. Scope

These terms of use govern the use of the online game NameThat, offered by the person named in the imprint (the “operator”). NameThat is a free, non-commercial prototype project. No paid contract is concluded; there are no general terms and conditions in the narrower sense as long as the offering remains free of charge.

2. Description of the service

NameThat is a guessing game: short, deliberately hard-to-recognise snippets (music clips, pixelated images, size comparisons) are shown for you to guess.

There is no entitlement to constant availability, to any particular feature, or to freedom from errors. The operator may change, restrict or discontinue the service, individual features or content at any time — in particular because this is a prototype.

3. Permitted use

Private, non-commercial use of the game is permitted. The following in particular are prohibited:

• automated extraction of content (scraping, crawling) or mass calls to the internal programming interfaces;
• manipulating scores, streaks or other game results, and circumventing technical protection measures;
• actions that impair the availability or integrity of the service (e.g. denial-of-service attacks);
• extracting, redistributing or making publicly available the embedded music clips or images outside the game.

The display name chosen for the leaderboards must not infringe the rights of third parties and must not be offensive, discriminatory or misleading (no impersonation of another identity). The operator may change inappropriate names without prior notice or reset them to the automatically generated name.

4. Rights in the content

• Source code and game concept are protected by copyright (operator).
• Music clips are provided via the Deezer API; the rights belong to the respective rights holders. Use takes place within the framework of the Deezer API terms.
• Photos of people come from Wikimedia Commons and are under free licences (CC0, CC BY, CC BY-SA, public domain); author and licence are shown on each image.
• Size silhouettes are the operator’s own artwork.

5. Liability

The operator is liable without limitation for damage arising from injury to life, body or health, for damage based on intent or gross negligence, and under the German Product Liability Act.

In the event of slightly negligent breach of a material contractual obligation (an obligation whose fulfilment makes the proper use of the service possible in the first place and on whose observance you may regularly rely), liability is limited to the foreseeable damage typical for this type of contract. Otherwise, liability for slight negligence is excluded.

Since NameThat is provided free of charge, the operator is furthermore liable only for intent and gross negligence, to the extent permitted by law (§§ 521, 599 German Civil Code applied accordingly).

6. Data protection

Information on the processing of personal data can be found in the privacy policy.

7. Applicable law

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the country in which you have your habitual residence remain unaffected.

8. Severability

Should any provision of these terms of use be or become invalid, the validity of the remaining provisions remains unaffected.

9. Changes

The operator may amend these terms of use with effect for the future, in particular in the event of new features or a changed legal situation. The version published here applies in each case.