Addendum to the ngmoco:) Terms of Use for Mobage
Last updated: September 15, 2011
For end users residing in Germany:
User Content Section:
ngmoco’s license to use User Content in connection to the Services is limited in nature.
Limitation of Liability Section:
Notwithstanding anything to the contrary in the Mobage Terms of Use, nothing in this Terms of Use shall operate so as to limit or exclude the liability of ngmoco with regards to: (i) negligence with respect to a death or personal injury; (ii) fraudulent misrepresentation; (iii) intentional or willful acts; (iv) breach of any condition of the Product Liability Act of 15 December 1989; (v) limitations or exclusions that are contrary to any applicable German law; or (vi) breach of an "essential" duty of ngmoco under this contract. "Essential" duties in this respect are the duties that are necessary for the fulfillment of the contract, the breach of which make achievement of the purpose in question would be, and therefore, adherence to which the user may rely upon. In these cases where there is an essential duty, liability is limited to typical and foreseeable damages. In other cases there is no liability on the part of ngmoco for ordinary negligence.
Notices Section:
Notwithstanding this section, any modifications to these Terms of Use shall be fully effective thirty (30) calendar days after the date on which ngmoco has notified you of the planned changes. If you do not agree with, and do not accept the planned changes then you must delete your account. If you do not delete your account within the thirty (30) calendar days period then this is regarded as your formal acceptance of the changes.