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Legal admissibility
Legal admissibility of the platform Achiefy.io
Achiefy.io offers online players on its platform www.achiefy.io the possibility to organize and participate in video games challenges, events, tournaments, and duels, collect achievements, and get rewarded by NFT's.
Achiefy.io explicitly does not participate in the gaming process of the above-mentioned games and therefore has no reference to the end-user license agreements of the game manufacturers/ publishers. Achiefy.io is not involved in the gaming process and does not create, promote or sell any software that affects the gameplay of the listed games in any way.
The Achiefy.io also does not influence the gaming experience of other players. As a mediator, Achiefy.io is completely neutral and does not interfere with the concept of the respective games. In its role as an external mediator, Achiefy.io, therefore, has no connection to the terms of use of the respective online gaming platforms.
Participation in challenges in the above-mentioned form is also possible without the intervention of Achiefy.io as an intermediary. Interactions are then usually conducted via gaming forums or social media.
There are no legal objections to Achiefy.io's business model, as there is no interference with the terms of use of the online gaming platforms or the end-user license agreements of the respective game manufacturers/publishers. Therefore, neither injunctive relief claims by the game manufacturers/publishers or online game platforms nor claims for damages against Achiefy.io would be justified in any way.
Contractual claims for injunctive relief do not exist, as there is no contractual relationship between Achiefy.io and the manufacturers/publishers of the above-named online games. Likewise, no contractual relationship exists between Achiefy.io and the online gaming platforms on which the online games are played. As stated above, Achiefy.io is merely an intermediary platform that enables the players to participate in challenges, tournaments, or events in the context of the respective gameplay.
a) Claims for injunctive relief cannot be derived from the respective terms of use of the online gaming platforms, as no contractual basis is established between the platforms and Achiefy.io. In this respect, the terms of use in accordance with §§ 305 BGB (German law) cannot be effectively included, regardless of the permissibility of such game restrictions according to §§ 305 c and 307 ff. BGB (German law). The agreements on the creation of an account with an online gaming platform are solely concluded between the players and the online gaming platform.
b) Claims for injunctive relief against the Achiefy.io also cannot be based on the end-user license agreements of the respective game manufacturers/publishers, as the end-user license agreements are not agreed between the Achiefy.io and the respective game manufacturers.
The offer to conclude the respective end user license agreement is granted automatically during the installation process or after each software update and is directed to the person operating the PC or console. The contractual partner for the respective terms of use is therefore not Achiefy.io, which as a legal entity is not actually able to play the games, but the respective natural person who wants to play the game and accepts the terms of use for this purpose.
Copyright injunctive relief claims in connection with the reproduction of the client software of the online gaming platform also do not exist according to § 97 paragraph 1 sentence 1 UrhG (German law).
The Terms of Use of the online gaming platforms stipulate that the client software may only be reproduced for private, non-commercial purposes. However, the respective game client software is not reproduced by Achiefy.io, as the company does not take part in the game process, but only acts as a mediator and organizer.
Furthermore, the use of the online services by the respective service players does not constitute copyright infringement, as the original virtual game is displayed on the player's screen.
Therefore, no unauthorized acts of reproduction take place that violates the intellectual property rights of the online gaming platforms.
In addition, there are no claims for damages regarding copyright law, property law, or contract law, as there are no corresponding claims for injunctive relief.
There are no claims for damages due to copyright infringements in connection with the client software or in relation to the use of the online services. There are also no contractual claims for damages, as there are no contractual relationships between Achiefy.io and the game manufacturers/publishers as well as the online game platforms.
Therefore, there are no legal concerns regarding the business model of Achiefy.io, as neither the terms of use of the online gaming platforms nor the end-user license agreement of the respective game manufacturers/publishers is affected due to a lack of contractual relationships. The Achiefy.io explicitly does not participate in the gaming process and therefore has no connection to the license agreements of the game manufacturers or terms of use of the online gaming platforms. As an intermediary, Achiefy.io is also to be considered neutral and does not interfere with the concept of the respective games. Achiefy.io also does not commit any acts of copyright infringement.
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