Terms of Service
General Terms of Use “The Nexus Community”
1. Scope
"The Nexus Community" is a free online game, the range of functions of which is being further developed by the provider. The provider of the online game is Friedl und Koberg GbR, represented by the shareholders Erik Friedl and Cedric Koberg, Öhringer Str. 11, 01558 Grossenhain (hereinafter referred to as: provider). Participation in the game, use of the forum and the purchase of digital content are subject to the following general terms and conditions of use, hereinafter referred to as: GTC.
2. Member Account
In order to participate in the online game "The Nexus Community", users must have an account with the provider Steam (hereinafter: Steam account), since registration on the provider's website can currently only be carried out using an existing Steam account . When registering an account with the provider Steam, the general terms and conditions there apply.
Only natural persons who have reached the age of 14 and who have the permission of their legal guardians to participate in the online game may participate.
When registering using their Steam account, the user accepts these GTC as binding.
2.1 The use of the online game by means of several user accounts, so-called "double accounts", is not permitted.
2.2 The member account cannot be transferred to third parties and may therefore not be sold to third parties.
2.3 If the user's data stored in the Steam account or with the provider changes after the first login, the user is obliged to update the information immediately.
2.4 Members are generally liable for all activities that are carried out using their member account. If the member is not responsible for the misuse of his member account because there is no violation of the existing duty of care, the member is not liable.
3. General Principles
3.1 The user is fully responsible for the content contained in his profile and for communication with other members of "The Nexus Community". Accordingly, the user assumes full responsibility for the legality of his behavior under the given legal provisions of the Federal Republic of Germany. The provider assumes no liability for the behavior of members on the website and does not adopt the content of the members as its own.
3.2 The user undertakes not to use the provider's offer in an illegal manner. In particular, forum entries and the member's profile information must not violate the applicable law of the Federal Republic of Germany. In particular, they must not contain any racist, pornographic, inhuman or offensive content. The member must ensure that the content used is free of third-party rights or that the member has been granted a corresponding right of use or exploitation of the content.
3.3 If the provider becomes aware of an obviously illegal use of content, the provider is entitled to block or delete the corresponding texts and/or photographs and/or profile data without prior notice.
3.4 The user undertakes not to bother other members with attempts to communicate if the member in question has already clearly stated that he/she does not want any further communication.
3.5 Furthermore, each user undertakes not to misuse the free services offered by the provider, in particular
a) Not to send messages to other members for any purpose other than personal communication, including to promote or offer goods or services
b) not to upload data:
i. that contain a virus (infected software);
ii. the software, whether copyrighted or not, contain or
iii. contain other material that is protected by copyright or other intellectual property rights, unless the user owns the relevant rights or has the necessary consent to use the software or material;
c) not to use it in a way that adversely affects the availability of the offers for other members, in particular by exploiting obvious bugs in the game.
3.6 If there are indications of inadmissible or illegal use, the provider has the right to check the content entered by the members, if necessary to block access to this data without giving reasons, and also to immediately grant access to the respective member without giving reasons lock out.
4. Member Responsibilities/Indemnity
The member guarantees that the content used on the website is free from Rare real third parties, he has been granted a corresponding right of use/exploitation and that this content does not violate any applicable law of the Federal Republic of Germany. Furthermore, the member releases the provider from all third-party claims that are made due to an alleged infringement of rights that is said to have occurred through a culpable profile entry or a comment by the member on the provider's website.
5. Sanctions, Suspension and Termination
5.1 The provider can take the following measures if there are concrete indications that a member is violating legal regulations, the rights of third parties or these GTC when using "The Nexus Community", or if the provider has another legitimate interest:
a) Deleting profiles or parts of profiles (including photos and text)
b) Warning of members
c) Restriction/restriction of use of “The Nexus Community” website
d) Temporary suspension
e) Permanent Suspension
5.2 When choosing a measure, the provider takes into account the legitimate interests of the member concerned, in particular whether there are indications that the member is not responsible for the violation.
5.3 The Provider can permanently exclude a member from using "The Nexus Community" (permanent ban) if the member
a) has provided incorrect contact details with the provider or within the context of the "Steam account", in particular an incorrect or invalid e-mail address.
b) transfers his member account to a third party for use or offers the member account for sale.
c) damages other members or the provider to a considerable extent, in particular misuses the provider's services for commercial purposes.
d) there is another important reason.
5.4 After a member account has been permanently blocked, there is no right to have the blocked member account restored.
5.5 As soon as a member has been blocked, this member may no longer use "The Nexus Community" with other member accounts and may not register again.
6. Copyrights
"The Nexus Community" is based on the software "Garry's Mod, Minecraft". The rights to the software are held by the respective authors.
The other contents of the website and the mod are owned by the provider and may not be used outside of the website.
7. Purchase of Paid Digital Content
7.1 After the users are logged into their member account at "The Nexus Community", they can also purchase digital content for use in the game.
7.2 Conclusion of contract/duties to provide information
a) The essential features of the digital content result from the respective description of the content on the provider's website.
b) Information on the conclusion of the contract
The user can view the desired digital content in the website menu under the "Store" tab and start the purchase process by clicking on the "Buy item" button. The user is then asked to enter or check his personal data and to choose the desired payment method. Furthermore, the user must then once again expressly confirm that he is aware of the right of withdrawal and its premature expiration as well as that he is aware of these GTC.
By clicking on the "Conclude contract now" button, the user then submits a binding offer to conclude a purchase contract with regard to the selected digital content.
The provider can then accept this offer by declaring acceptance, providing the digital content or by forwarding it to the selected payment provider.
The contract is therefore concluded by the customer's offer and its acceptance by the provider.
Before the binding submission of the order, the customer can correct his entries at any time by using the usual mouse and keyboard inputs as well as by using the forward and back buttons of the browser.
The conclusion of the contract is only available in German and English.
The text of the contract is not saved by the provider and can therefore not be called up by the user himself from the provider.
7.3. Prices and payment/discounts
a) All prices are inclusive prices in euros. The provider makes use of the small business regulation of Section 19 (1) of the Sales Tax Act. The sales tax can therefore not be shown on the provider's invoices.
b) The price displayed at the time the order is placed applies to the customer.
c) The following payment methods are currently possible:
- by stripe
- via Paypal
d) In the event of default in payment, the statutory regulations apply.
e) Cancellation policy for consumers
- Right of withdrawal
- You have the right within fourteen days without giving a reason dto revoke this contract.
- The cancellation period is fourteen days from the day the contract was concluded.
- In order to exercise your right of withdrawal, you must inform us
- Friedl and Koberg GbR
- Öhringer Str. 11
- 01558 Grossenhain
- Telephone: 03522 3523525
- Email: admin@thenexuscommunity.de
by means of a clear statement (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
The following applies to a contract for the provision of digital content that is not on a physical data carrier, which obliges you to pay a price: The right of cancellation also expires (prematurely) if you have expressly agreed that we start fulfilling the contract before the cancellation period has expired , you have confirmed that you are aware that your consent to the commencement of performance of the contract lapses your right of withdrawal, and we have provided you with a confirmation.
Reasons for exclusion or expiration
The right of withdrawal expires in a contract for the provision of services when the entrepreneur has fully performed the service and has only started to perform the service after the consumer has given his express consent to this and at the same time has confirmed his knowledge that he has exercised his right of withdrawal loses if the contract is completely fulfilled by the entrepreneur.
f) Model cancellation form for consumers
Sample cancellation form
(If you want to revoke the contract, please fill out this form and send it back.)
At
- Friedl and Koberg GbR
- Öhringer Str. 11
- 01558 Grossenhain
- Email: admin@thenexuscommunity.de
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following service (*)
Ordered on (*)/received on (*):
.......................................
Name of consumer(s):
.......................................
Address of consumer(s):
.......................................
.......................................
Signature of consumer(s): (Only in the case of notification on paper)
.......................................
Date:
.......................................
________________________________
(*) Delete where not applicable.
G. Provision of the digital content
The digital content is made available in the user's user account.
H. warranty
The statutory warranty applies to paid content.
8. Termination of Free Membership
The free user contract can be terminated by either party at any time without notice. The user can have the content of his user account deleted by clicking on the "Delete content" option in his member account and confirming the request for deletion in the email sent by the provider to the registered email address by clicking on the link there within 48 hours. After clicking on the confirmation link, the contents of the member account will be deleted. If the link is not clicked within 48 hours, the user must go through the user account deletion procedure again to delete the member account.
The contractual relationship ends with the deletion of the user account. If the content of the user account is deleted, all content of the user that is subject to a fee will also be deleted.
9. Limitation of Liability
In principle, the provider is only liable in the event of intent and gross negligence. The provider is also liable for the negligent breach of obligations if this results in injury to life, limb or health or if a guarantee or claims under the Product Liability Act are affected. The provider is also liable for the negligent breach of obligations,the fulfillment of which makes the proper execution of the contract possible in the first place, the violation of which jeopardizes the achievement of the purpose of the contract and the observance of which the user regularly trusts. In the latter case, however, the provider is not liable for unforeseeable damage that is not typical for the contract. The provider is not liable for slightly negligent breaches of other obligations. The above limitations of liability also apply to vicarious agents of the provider.
10. Link to the online platform of the EU Commission for online dispute resolution
EU Commission for online dispute resolution:
Our email address:
11. Modification of services
The Provider is entitled at any time to change free services provided on the Portal, to make new services available free of charge or against payment, and to discontinue the provision of services. In doing so, the Provider shall in each case take into account the legitimate interests of the Customer and duly fulfill ongoing chargeable services prior to a change of the respective service.
12. Choice of Law/ Severability Clause
11.1 German law is applicable.
11.2 If individual provisions of the above General Terms of Use should be wholly or partially invalid, the validity of the contract and the remaining provisions shall not be affected.
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