Terms of Use

Acceptance of the Terms of Use

These terms of use are entered into by and between You and the Max-Planck Institute for Human Development (“Institute,” “we,” or “us”). The following terms and conditions govern your access to and use of https://secret-hitlerio-dev.chm.mpib-berlin.mpg.de/, including any content, functionality, and services offered on or through https://secret-hitlerio-dev.chm.mpib-berlin.mpg.de/ (the “Website”). Please read the Terms of Use carefully before you start to use the Website. By clicking to accept the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy in the following, incorporated herein by reference. If you do not want to agree to these Terms of Use or the following Privacy Policy, you must not access or use the Website. This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Institute and meet the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately whenever we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, including the Game, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users. You are responsible for both:

Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

You agree that all information you provide through this Website, including, but not limited to, through the use of the Game, is governed by our Privacy Policy in the following, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. We have the right to disable any unique access link that we provide you with at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features, and functionality is licensed under the Attribution-NonCommercial-ShareAlike 4.0 International (CC BY-NC-SA 4.0). For more details, see https://creativecommons.org/licenses/by-nc-sa/4.0/.

Trademarks

The Institute name, the Institute logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Institute or its affiliates or licensors. You must not use such marks without the prior written permission of the Institute. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Copyright Infringement

If you believe that any images in the Game violate your copyright, please send a notice of copyright infringement to ykeller@mpib-berlin.mpg.de.

Information About You and Your Visits to the Website
All information we collect on this Website, including your written text and actions, is subject to our Privacy Policy in the following. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the following Privacy Policy. Any images or data collected through the use of this Website will be used for scientific and research purposes only and will not be used for any commercial purpose.

Linking to the Website

You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

Disclaimer of Warranties

To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any service or items obtained through the Website. Your use of the Website, its content, and any services or items obtained through the Website is at your own risk. The Website, its content, and any services or items obtained through the Website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the Institute nor any person associated with the Institute makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Website. Without limiting the foregoing, neither the Institute nor anyone associated with the Institute represents or warrants that the Website, its content, or any services or items obtained through the Website will be accurate, reliable, error- free, or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components, or that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations. To the fullest extent provided by law, the Institute hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of non-infringement and fitness for particular purpose. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Limitiation of Liability

To the fullest extent provided by law, in no event will the Institute, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, any websites linked to it, any content on the Website or such websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain or suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

Indemnification

You agree to defend, indemnify, and hold harmless the Institute, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorney's fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your generated images, any use of the Website's content and services, including the Game, other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Federal Republic of Germany.. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of justice in Germany, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At the Institute's sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Arbitration Rules of the German Institution of Arbitration (DIS), applying German law.

Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these terms of use or the Website must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

Waiver and Severability

No waiver by the Institute of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Institute to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Temrs of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy in the following constitute the sole and entire agreement between you and the Max Planck Institute for Human Development regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Content Standards

Children Under the Age of 18

This Website is offered and available to users worldwide who are 18 years of age or older, except where prohibited by law. No one under age 18 may provide any information to the Website. We do not knowingly collect information from children under 18. If you are under 18, do not use or provide any information on this Website.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Requirements set out below in these Content Standards.
To impersonate or attempt to impersonate the Max Planck Institute for Human Development, an employee of the Max Planck Institute for Human Development, another user, or any other person or entity.
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the institute or users of the Website, or expose them to liability.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Content Standards, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.

User Contributions

As part of playing this Game, you can interact with other players via free text communication. Your contributions must comply with the Requirements set out below in these Content Standards.

Any written text contribution will be considered non-confidential and non-proprietary.
You understand and acknowledge that you are responsible for your free text communication on the platform, and you, not the Max Planck Institute for Human Development nor Max-Planck-Gesellschaft zur Förderung der Wissenschaften e.V., have full responsibility for such content, including its legality and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any text messages written by you or any other user of the Website.

Monitoring and Enforcement; Termination

We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any user contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such user contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other rights of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Institute.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose information gathered about you during the course of your interactions with the Website. YOU WAIVE AND HOLD HARMLESS THE Institute, ITS AFFILIATES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. We cannot review all free text user contributions before they are posted on the Website and cannot ensure prompt removal of objectionable material after is has been posted. Accordingly, we assume no liability for any action or inaction regarding content provided by any user. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Requirements

These Requirements apply to any and all free text communication on the platform

Written text must in their entirety comply with all applicable federal, state, local, and international laws and regulations.

Without limiting the foregoing, written communication must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Contain sexually explicit or pornographic material.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Content Standards.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

Data Protection Information

The Max-Planck-Gesellschaft zur Förderung der Wissenschaften e.V. (MPG) takes the protection of your personal data very seriously. We process personal data gathered when visiting our Website in compliance with applicable data protection legislation. We neither publish your data nor transmit them to third parties on an unauthorized basis. In the following sections, we explain which data we record when you visit this Website and exactly how they are utilized:

Scope of Data Processing

As a matter of principle, we gather and utilize users' personal data only to the extent required to ensure the functioning of our Website and of our contents and services. The gathering and utilization of our users' personal data normally occurs after users have granted their consent. An exception occurs where data processing is legally permitted. As for the scope of data processing when you use this Website, data will be collected for the implementation of the research project and for the research purposes.

Legal Basis of Data Processing

To the extent that permission of the affected individual is obtained for the processing of personal data, Article 6 (1) lit. a of the EU General Data Protection Regulation (GDPR) serves as the legal basis. In the processing of personal data to fulfil a contract whose contractual party is the individual affected, Article 6 (1) lit. b GDPR serves as the legal basis. This also applies to processing required to implement pre-contractual measures. If processing is required to safeguard the justified interest of the MPG or a third party and the interests, basic rights and basic freedoms of the affected individual do not outweigh the first-mentioned interest, Article 6 (1) lit. f GDPR serves as the basis for such processing.

Data Deletion and Storage Duration

The affected individual's personal data are deleted or blocked as soon as the purpose of the storage ceases to apply. Storage can also occur if provided for by European or national legislators in EU regulations, acts or other legislation to which the MPG is subject. A blocking or deletion of data then occurs only if a storage period prescribed by one of the aforementioned norms expires, unless a necessity exists in relation to the further storage of the data for the arrangement of a contract or the fulfilment of a contract.

Contact Details of the Individuals Responsible

The entity responsible in the meaning of the General Data Protection Regulation and other national data protection acts as well as other data protection legislation is:

Max-Planck-Gesellschaft zur Förderung der Wissenschaften e.V. (MPG)
Hofgartenstraße 8
D-80539 Munich, Germany
Telephone: +49 (89) 2108-0
Contact form: https://www.mpg.de/contact/requests
Internet: https://www.mpg.de

The entity responsible for this Website:

Max Planck Institute for Human Development
Lentzeallee 94
14195 Berlin, Germany
Managing Director: Iyad Rahwan, E-mail: sekrahwan@mpib-berlin.mpg.de
Study Director: Yannik Keller, E-mail: ykeller@mpib-berlin.mpg.de

Data Protection Officer's Contact Details

Heidi Schuster
Hofgartenstraße 8
D-80539 Munich, Germany
Telephone: +49 (89) 2108-1554
E-mail: datenschutz@mpg.de

Provision of the Website and Creation of Log Files

Each time you visit this Website, our service and applications automatically record data and information from the computer system of the visiting computer. The following data are gathered temporarily:

Your IP address
Date and time of your access to the Website
Address of the page visited
Name and version of your browser/operating system (if transmitted)

These data are stored in our systems' log files. These data are not stored together with the user's other personal data. The legal basis for the temporary saving of data and log files is Article 6 (1) lit. f GDPR. Storage occurs in log files in order to ensure the Website's functionality. The data also help us optimize the Website, eliminate malfunctions and ensure our IT system security. Our justified interest in data processing pursuant to Article 6 (1) lit. f GDPR also lies in such purposes. The data are deleted as soon as they are no longer required to achieve the purpose for which they were gathered. If data are gathered for the provision of the Website, this is the case if the respective visit is ended. In the instance that data are stored in log files, this is the case after seven days at the latest. Storage above and beyond this period is possible. In this case, the users' IP addresses are deleted or removed so they can no longer be allocated to the visiting client. The recording of data for the provision of the Website and the storage of data in log files is essential to operate the Website. Consequently, users do not have an option to revoke such data recording.

Utilization of Cookies

Our Website utilizes cookies. Cookies are text files stored in the Internet browser or by the Internet browser on the user's computer system. If a user visits the Website, a cookie can be stored on the user's operating system. This cookie contains a sequence of characters enabling the browser to be clearly identified when visiting the website again. Some elements of our Website also technically require the identification of the visiting browser after a change of page. The legal basis for personal data processing while utilizing cookies is Article 6 (1) lit. f GDPR. The purpose of utilizing technically necessary cookies is to simplify the utilization of the Website for users. Some of our Website's functions cannot be offered without the utilization of cookies. For these, it is necessary that the browser can also be re-identified following a change of page. User data gathered by technically necessary cookies are not utilized to prepare user profiles. Our justified interest in personal data processing pursuant to Article 6 (1) lit. f GDPR also lies in such purposes. Cookies are stored on the user's computer, which transmits them to our site. For this reason, you, as the user, also have full control over the utilization of cookies. You can deactivate or restrict the transmission of cookies through changing your Internet browser settings. Cookies that have already been saved can be deleted at any time. This can also occur automatically. If cookies for our Website are deactivated, you may find not all of the Website's functions can continue to be utilized in full.

Report Player

When you use this Website, you will be able to flag players if you think that the players messages violate the Content Standards in the above. If you flag a player, we save no personal data of yours, i.e., reporting content is anonymous.

Registration

When setting your username and playing the game, you participate in the leaderboard on this website. We inform you about the specific processing of the data, and we obtain your consent as part of the registration procedure. Reference is also made to this data protection statement. The legal basis for the processing of data is the user's consent pursuant to Article 6 (1) lit. a GDPR. Registering the user is necessary to provide certain content and services on our Website. The data are deleted as soon as they are no longer required to achieve the purpose for which they were gathered. We are unable to track user activity outside of our website, which means we cannot cancel or deactivate usernames upon request. It is the user\’s responsibility to decide weather to use their real name or pseudonames.

Rights of Individuals Affected

As an individual whose personal data are gathered as part of the aforementioned services, you have, in principle, the following rights, to the extent that no legal exceptions are applicable in individual cases:

Information (Article 15 GDPR)
Correction (Article 16 GDPR)
Deletion (Article 17 (1) GDPR)
Restriction of processing (Article 18 GDPR)
Data transmission (Article 20 GDPR)
Revocation of processing (Article 21 GDPR)
Revocation of consent (Article 7 (3) GDPR)
Right to complain to the regulator (Article 77 GDPR). For the MPG, this is the Bavarian Data Protection Authority (BayLDA), Postbox 1349, 91504 Ansbach.

Contact

You can provide notification of any changes to your contact data, clarify questions about or object to this Website, or assert deletion, revocation, and information rights by contacting ykeller@mpib-berlin.mpg.de.

Terms Of Use