General Terms and Conditions of the Global Games Industry Network

1. general

1.1 These General Terms and Conditions (hereinafter: GTC) govern the rights and obligations in connection with the use of the services of the provider Games Industry Network GAIN UG (hereinafter: GAIN or “We”) and the GAIN User in connection with the use of our services and the other services, applications, mobile applications and functions offered by GAIN, unless we expressly state otherwise.

1.2 Our General Terms and Conditions shall apply exclusively. Terms and conditions of the GAIN User that conflict with or deviate from these GTC shall not be recognized unless we have expressly agreed to their validity in text form. These General Terms and Conditions shall also apply if we provide our services to the GAIN User without reservation in the knowledge that the terms and conditions of the GAIN User conflict with or deviate from these General Terms and Conditions.

2. conclusion of contract

2.1 Unless otherwise individually agreed, a contract shall only be concluded upon successful completion of the registration process. The registration process is only completed successfully if we have informed you of this by e-mail.

2.2 The GAIN User may print these GTC at any time. The print function of the browser can be used for this purpose.

2.3 There is no entitlement to the conclusion of a contract. We are free to reject the offer of a GAIN user to conclude a contract without giving reasons.

2.4 The prerequisite for registration with the Games Industry Network is that the GAIN User is at least 18 years of age. GAIN does not knowingly collect any information from minors or other persons who are legally unable to use our services and websites. If we become aware that we have collected personal information from minors, we will delete it immediately, unless we are required by law to retain the information.

3. our services

3.1 GAIN provides an online service with which GAIN users can create a user account (GAIN Account). Through this GAIN account, the GAIN user can offer his services or manpower within the Games Industry Network to other members, view and/or use their offers, network with other members, inform himself about the worldwide games industry, schedule appointments and meetings. Our offer will be successively extended by similar/further services.

3.2 GAIN offers the GAIN user various service packages. An overview with the current performance description of the packages can be found here: www.gamesindustrynetwork.com/memberships.

3.3 Voluntary, unpaid services and achievements of the offerer can be stopped at any time. In this case, the GAIN user is not entitled to continue the service.

3.4 For quality assurance purposes, data is collected with the help of Google Analytics. This recording of data takes place across pages. We use the information obtained in this way to correct errors and further improve the user-friendliness of our services. We reserve the right to use other web analysis systems. We will inform you about this in our data protection information. We ensure that when using web analysis systems, a careful selection of the respective service provider is made and that the data protection requirements for the use of the respective system are met.

3.5 We have the right to use the services of third parties, subject to compliance with the legal provisions applicable to GAIN in each case for the provision of services and subject to compliance with the contract on the processing of data on behalf of GAIN.

3.6 GAIN reserves the right to extend, modify, delete and improve any services or features, in particular if they are deemed necessary for technical progress and to prevent misuse. We will only make these changes if the changes are reasonable for the GAIN user or if we are required to do so by law.

3.7 The presentation and design of the Website and its various services is the sole responsibility of GAIN. GAIN reserves the right to display product-related advertisements and other commercial or sponsored content in the administration area that may be valuable or helpful to GAIN users in optimizing their business. Currently (as of 1.9.2018) there are no plans to include advertisements.

4. personal data

4.1 The GAIN User affirms that the personal data provided is true and complete. In individual cases we reserve the right to request a suitable proof of identity.

4.2 The GAIN User is obliged to keep the personal data up to date.

4.3 The GAIN User is obliged to keep the access data secret in order to prevent it from being used by unauthorised third parties. If the GAIN user has reason to believe that unauthorised third parties have gained or may gain knowledge of the access data, we must be informed immediately. In this case, the GAIN user is also obliged to change his password immediately.

4.4 The GAIN User agrees to receive electronic communication from GAIN for contractual purposes (e.g. invoices, important contractual information or significant technical changes). It is therefore very important that the data of the GAIN account (“Account”) is kept up to date. GAIN disclaims any liability or responsibility if you do not receive an e-mail notification because the e-mail address is incorrect/up to date. The GAIN User may revoke his/her consent to receive this information electronically at any time in the future by notifying GAIN (info@). In this case, however, GAIN reserves the right to close the GAIN User Account in accordance with section 14 or 3.3.

5. general obligations of the GAIN user

5.1 The GAIN User is responsible for all content that the GAIN User keeps accessible or stores on the GAIN Web pages. We are not obliged to check the GAIN pages of GAIN users for any legal infringements.

5.2 The GAIN User is obliged to comply with all applicable national laws and regulations as well as the applicable regulations of the Federal Republic of Germany. This applies explicitly to the projects, events, services and job offers presented.

5.3 The GAIN User may not disseminate the contents of our fact sheets or the edited news and games industry facts. A publication of these contents in other places, as for example in print media or other platforms in the Internet, is not permitted.

6. forbidden actions

6.1 The GAIN User is prohibited from any actions on GAIN pages that violate applicable law, violate the rights of third parties or violate the principles of the protection of minors. The GAIN user is prohibited from publishing, disseminating, offering and advertising:– pornographic, indecent or obscene content;

– violates any laws for the protection of minors, data protection laws and/or any other laws of offensive and/or fraudulent content, services and/or products;

– War, terror and other acts of violence against humans or animals glorifying or trivializing content;

– Content that offends or defames other users or third parties based on age, ethnic or social origin, language, religion, disability, gender, sexual orientation, etc;

– Content that is likely to deny, insult, threaten or disparage others;

– Content or communication that is/is suitable to promote or support racism, radicalism, fascism, fanaticism, hatred, physical or mental violence or unlawful acts (in each case explicit or implicit) or otherwise offend against common decency;

– Content, services and/or products that are legally protected or encumbered with the rights of third parties (e.g. copyrights) without being demonstrably entitled to do so.

These obligations also apply to the references (“hyperlinks”) inserted by the GAIN user to his service, project or job offers to content of this kind on external platforms or services.

6.2 Furthermore, regardless of any violation of the law, the following activities are prohibited when publishing own content (or by setting links) on GAIN pages:

– the distribution of viruses, Trojans and other harmful files;

– the sending of junk, spam or scam mails as well as chain letters;

– Use a GAIN page for spam purposes and create free GAIN pages for link building purposes or SEO spam;

– harassing others, e.g. through multiple personal contacts without or against the reaction of the other, as well as encouraging or supporting such harassment;

– soliciting others to disclose passwords or personal data for commercial or unlawful purposes (phishing);

– Publishing, distributing, offering and promoting bonus systems, Paid4Mail services, pop-up services, snowball systems or similar forms of marketing and/or advertising;

– Offering gambling or sports betting without the permission of the competent authority;

– Mediation of loans or personal loans in a businesslike manner without written permission of the competent authority;

6.3 Also prohibited is any action that is likely to impair the smooth operation of the GAIN System.

6.4 If a claim is made against GAIN as a third party or co-interrupter due to illegal content provided by the GAIN User on his user profile (e.g. injunction, revocation, rectification, damages, etc.), the GAIN User is obliged to reimburse GAIN for all costs incurred as a result. The GAIN User is also obliged to assist GAIN in any way to prevent such claims.

6.5 Sending e-mails to a large number of recipients (newsletters, advertising mails) via the GAIN mail system is generally prohibited. In the term “multitude” we adhere to the explanation based on the CAN_SPAM Act: sending an e-mail/system message to more than 200 people. The messaging systems we use automatically respond to this type of messaging and block access to the user account in question. In the event of repeated violations, we reserve the right to permanently block access.

7. access blocking

7.1 We may temporarily or permanently block access to our services if there are concrete indications that the GAIN User is or has been in breach of these GTC and/or applicable law, or if we have any other justified interest in the blocking.

7.2 Access may also be blocked if the GAIN User is more than 30 days in arrears with the payment of a fee. In this case we are also entitled to deactivate his project, service or other offers.

7.3 In deciding whether or not to block the Services, we will give due consideration to the legitimate interests of all parties involved.

7.4 If a GAIN User does not log into his free account within 180 days, we are entitled to irrevocably delete that account and all content contained therein.

8. performance disturbances

8.1 We endeavour to ensure that our services are as uninterrupted as possible. However, the GAIN User acknowledges that for technical reasons and due to external influences (e.g. non-availability of communication networks, interruption of power supply, hardware and software errors), uninterrupted availability of the GAIN Web pages is not feasible. There is no claim to high availability. Only temporary access restrictions do not constitute warranty claims or a right to extraordinary termination. The current status of our system can be viewed here.

8.2 If our services are provided free of charge for the GAIN User, the GAIN User shall only be entitled to use our services within the scope of the availability actually provided by us.

8.3 For chargeable services, we guarantee an availability of 90% annual average in our area of responsibility. The regular maintenance windows, which can be 24 hours a month, are not included in the calculation of availability. We strive to keep maintenance times as short as possible.

8.4 Certain system requirements must be met in order to use the GAIN system correctly. An overview of the current system requirements can be found here. The provider is not responsible for service interruptions or restrictions in the use of other system configurations.

9. terms of payment

9.1 For the use of the chargeable service packages as well as additional services / services of third parties, fees are incurred which are due in advance for a discounted contract term or monthly.

9.2 The respective possible payment methods are displayed to the GAIN User in the product information and/or in the order process.

9.3 Invoices for chargeable service packages shall be provided to the GAIN User in PDF or e-mail format.

9.4 The respective invoice amount is due immediately and payable in full to GAIN unless otherwise agreed.

9.5 For the timeliness of payments it depends on the receipt of the amount at our unconditional disposal.

9.6 GAIN processes all payments via external payment service providers. In particular, these are including but not limited to Paypal and Stripe. The GAIN User agrees that GAIN may only accept payments via these service providers or that the corresponding service providers may debit the resulting amounts. In the case of a credit transfer, the payment must be made to the payment service provider specified in the payment process.

9.7 If a payment method has been defined for a GAIN contract by means of which the costs for the contract extension are to be automatically debited, GAIN will automatically debit (collect) the due invoice amount on the day of the contract extension if the corresponding consent of the GAIN User has been obtained. If automatic debiting is not possible, the GAIN user will receive a payment link from us on the day the contract is extended. Payment for the new contract period must be made via this link within 14 days. The GAIN user agrees to the automatic debit by selecting the payment method.

9.8 The Provider is also entitled to deactivate the user account of the GAIN User and to block GAIN access if the fees are not paid. By accepting these GTC, the GAIN User expressly authorizes GAIN to issue such a declaration of termination.

9.9 GAIN shall not be liable for any loss, damage or loss of revenue caused by a suspension of the User Account due to incorrect or late payment, if the error or delay is the fault of the GAIN User.

9.10 Payments are due in the respective national currency or EURO or USD.

9.11 Unless otherwise stated, discounts or promotions refer to the first contract period of a contract term. The contract will then be extended at the current, valid full price. We may change our offer and prices from time to time. In the case of existing, fee-based contracts, the changes shall take effect at the beginning of the next contract period and a reasonable notification period of at least 6 weeks shall be observed. If the GAIN User does not object within 6 weeks of receipt of the notification and the use of the services continues even after expiry of the objection period, the changes shall be deemed to have been validly agreed upon as of expiry of the period. In the notification of change, we will inform the GAIN user of his right to object and of the consequences of an objection.

9.12 All prices are inclusive of VAT. The respectively valid VAT rate is shown on the invoice at the latest. If the GAIN user or the associated company is not resident in Germany but in the EU, the GAIN user can receive an invoice in this way for which the VAT is not marked. In this case, the GAIN user will provide a VAT identification number when ordering a chargeable service package. The GAIN user is then himself responsible for the taxation (reverse charge procedure). GAIN users outside Europe receive a net invoice.

10. reversals

10.1 If a payment is reversed by the GAIN User, we reserve the right to block the corresponding GAIN account and terminate the associated contract(s).

10.2 Renewed use of the GAIN page or the GAIN account is only possible after all outstanding claims have been settled.

10.3 Fees incurred by GAIN as a result of a chargeback, rejection of a payment or the opening of a dispute may be charged to the GAIN User. The GAIN user can contact customer support in advance with any questions regarding a payment.

10.4 Should there be any problems with the collection of the invoice amount, GAIN reserves the right to offer only certain payment methods for the settlement of the invoice.

11. right of withdrawal

11.1 In principle, consumers are entitled to a right of revocation. Further information can be found in the cancellation policy.

11.2 If a contract is revoked, we shall repay the payment received within the scope of this contract immediately and at the latest within fourteen days of receipt of the revocation. For this refund, we use the same payment method that the GAIN user used for the original transaction.

11.3 Upon termination of the contractual relationship, GAIN shall delete the user’s data and reduce the membership to a free membership. At the same time, the services, projects and job offers not included in the paid membership will be deleted accordingly and only the most current postings/offers of the user will be retained.

11.4 If, at the time of the revocation on the GAIN page, GAIN has incurred costs directly related to the use of the booked Membership, e.g. the booking of services from third party providers subject to a charge for GAIN, which are to be seen in the direct context of our service offer to our users, GAIN reserves the right to claim these costs.

12. responsibility for contents

12.1 We offer the GAIN User the opportunity to post content on the GAIN Website and thus make it available to third parties. For us to be able to provide our services, it is necessary that the GAIN user grants GAIN UG rights of use for the duplication, processing and making publicly accessible of its contents. This does not mean that we sell the user’s content to third parties. The personal copyright of the author remains unaffected.

12.2 By posting content, the GAIN User grants us the right to use the respective content free of charge, in particular:

– to store the content on our servers and to publish it, in particular to make it publicly accessible (e.g. by displaying the content on our Internet pages)

– for editing and duplication, as far as this is necessary for the provision or publication of the respective contents

12.3 The GAIN User is fully responsible for the content published by him. GAIN is not obliged to check the contents in advance for completeness, correctness, legality, up-to-dateness, quality and suitability for a specific purpose.

12.4 The GAIN User represents and warrants to us that it is the sole owner of all rights to the Content it posts on its Website or that it is otherwise entitled (e.g. by effective permission of the copyright holder) to post or display the Content on its User Account.

12.5 We reserve the right to refuse to post content and/or to block or remove content already posted (including private messages) without prior notice if the posting of the content by the GAIN User or the posted content itself has led to a breach of these GTC or if there are concrete indications that there will be a serious breach of these GTC. We will take into account the legitimate interests of the GAIN user and take proportionate measures to avert and/or remedy the violation.

12.6 The GAIN User indemnifies us against all claims asserted against us by third parties due to a violation by the GAIN User of statutory provisions, against the rights of third parties (in particular personal rights, copyrights and trademark rights) or against contractual obligations, assurances or guarantees, including the costs of the necessary legal defence (lawyer’s and court costs in the statutory amount) on first demand. In the event that such claims are asserted, the GAIN User is obliged to cooperate immediately and completely in clarifying the facts of the case and to provide us with the necessary information in an appropriate manner.

13. contracts and terminations

13.1 A GAIN membership free of charge can be deleted at any time by the GAIN user via the settings or in his user account. A GAIN account can be deleted by the GAIN user via the settings in the dashboard.

13.2 Unless otherwise stated in the respective service description, the contract of the chargeable packages shall be extended by the originally agreed period (monthly bookings by a further month each, annual memberships by a further year each). Monthly memberships can be cancelled at the end of each month. Annual memberships are automatically renewed if the contract is not terminated one month before the end of the respective term.

13.3 Cancellations can be deposited by the GAIN User directly in the settings of the GAIN User Account to be cancelled or sent to us in text form (e.g. fax, e-mail, letter). In the case of cancellation by e-mail, this must be sent from the e-mail address that the GAIN user has entered as the contact address on his GAIN website. Notice of termination may be given on the following working day or at the end of the contract period. In the event of a cancellation on the next working day, the conditions under point 14.4 shall apply in particular. In the event of a contract termination, the GAIN membership subject to a fee shall be converted into a free membership. Free GAIN memberships can be deleted by the GAIN user himself.

13.4 A refund of fees paid in advance will not be made in the event of cancellation or deletion prior to the expiry of the contract.

13.5 The GAIN User has the option of ordering fee-based additional services for certain service packages. If the GAIN User terminates one or more of these additional services, the contractual relationship shall otherwise remain unaffected.

13.6 The GAIN user has the option of changing the service package. The service package can be upgraded at any time. The request to downgrade the service package must be communicated to GAIN no later than two weeks before the end of the contract period. In the case of a downgrade, the conversion takes place when the contract is extended and the most current entries, postings, projects, services, etc. are retained.

13.7 We are entitled to terminate the contractual relationship without giving reasons with a notice period of 3 months. Proportionately prepaid fees will be refunded in this case.

13.8 The extraordinary right of termination of each contracting party remains unaffected.

13.9 In particular, we are entitled to terminate the contractual relationship without notice if facts justify the assumption that the GAIN User intentionally or negligently committed “prohibited acts” within the meaning of clauses 6 and 13 of these General Terms and Conditions or violated other obligations arising from these General Terms and Conditions. Any such violation or non-compliance may also result in civil and criminal penalties for the GAIN User. Proportionately prepaid fees will not be refunded in this case. The GAIN User is free to provide evidence that the ungranted refund is “unfair” in his case.

13.10 After termination of the contractual relationship, we shall no longer be obliged to render the contractual services. We may delete all data of the GAIN user stored on the server, including messages stored in the mailboxes. It is not possible to transfer the entire user account to a third-party server.

13.11 In addition to the rights granted by GAIN under these GTC, GAIN may take further action if GAIN determines that a breach of security on a GAIN User’s profile could result in the unauthorised disclosure of customer information to others, or require the GAIN User to provide GAIN with information relating to such breach.

14. data protection

14.1 We shall ensure that personal data of GAIN Users is only collected, stored and processed to the extent necessary to provide our services and permitted by law or as required by law. Further information on data processing and data protection can be found in the GAIN Privacy Policy. You can find them here.

14.2 In the event that declarations of consent under data protection law are obtained from the GAIN User in connection with the use of our services, please note that these may be revoked by the GAIN User at any time with effect for the future.

14.3 Within the framework of the respective data protection laws, the GAIN User is the Principal or the responsible entity within the meaning of Art. 4 No. 7 DSGVO with regard to all personal data processed by GAIN as the processor on behalf of GAIN via the services offered by GAIN. The GAIN User agrees to comply with the requirements of the data protection laws applicable to data controllers in relation to the use of the GAIN Services and in connection with these General Terms and Conditions and in connection with the contract provided by GAIN for the processing of data on behalf of GAIN. The corresponding GAIN contract for the processing of data on behalf can be downloaded and concluded with GAIN in electronic form. The client or the GAIN User is solely responsible for the protection of the rights concerned.

14.4 A service such as GAIN is subject to constant change with respect to the processing of data, the use of third parties or services. GAIN is constantly looking for solutions to improve performance for GAIN users. In this connection, we may also change details of the processing of data via our Internet pages. GAIN will inform the GAIN User in a timely manner in the event of a planned change of subcontractor or a planned appointment of a new subcontractor, as described in the Order Processing Agreement (“Information”). Should the GAIN User object to this change, GAIN may terminate the contractual relationship with the GAIN User with a notice period of at least 14 days to the end of a calendar month. GAIN will take the interests of the user appropriately into account in the notice period. If the User does not object within three weeks of receipt of the “Information”, this shall be deemed to be the Customer’s consent to the change or reassignment of the subcontractor concerned.

14.5 Current information on the purpose, type and scope of the collection, processing and use of personal data can be found in the data protection information, which can be accessed at any time under the link “Data Protection”, and in the contract on the processing of data by order.

14.6 GAIN may provide general privacy and cookie notices for the respective Services on the Global Games Industry Network as part of its Services. This general information does not constitute legal advice within the meaning of the Legal Services Act and GAIN assumes no responsibility for the accuracy, completeness and/or legality of its content or suitability for the particular purposes of the GAIN user. In order to ensure that the data protection declaration of the respective GAIN services meets all legal requirements, it is advisable to contact an accredited lawyer or data protection expert.

15. limitation of liability

15.1 In the event of intent or gross negligence, we shall be liable without limitation for all damages caused by us.

15.2 In the event of slight negligence, we shall have unlimited liability in the event of injury to life, limb or health.

15.3 Otherwise, we shall only be liable if we have breached an essential contractual obligation. Essential contractual obligations are defined abstractly as those obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the GAIN user may regularly rely. In such cases, liability shall be limited to compensation for the foreseeable, typically occurring damage, but not exceeding the amount of an annual fee for the relevant GAIN website.

15.4 Insofar as our liability is excluded or limited in accordance with the aforementioned provisions, this shall also apply to our vicarious agents.

15.5 Liability under the Product Liability Act remains unaffected.

16. final provisions

16.1 The law of the Federal Republic of Germany shall apply – as far as legally permissible – whereby the validity of the UN Convention on Contracts for the International Sale of Goods is excluded.

16.2 If the GAIN User is a merchant, a legal entity under public law or a special fund under public law, our registered office in Huerth shall be the exclusive place of jurisdiction for all disputes arising from the contractual relationship.

16.3 Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.

16.4 In the event of deviations resulting from the translation, the wording in German shall apply.

16.5 We reserve the right to amend these General Terms and Conditions at any time with effect even within the existing contractual relationships. We will notify the GAIN User of any such changes at least 6 weeks before the changes are due to take effect. If the GAIN User does not object within 6 weeks of receipt of the notification and the use of the services continues even after expiry of the objection period, the changes shall be deemed to have been validly agreed upon as of expiry of the period. In the notification of change, we will inform the GAIN user of his right to object and of the consequences of an objection. In the event of an objection, we have the right to terminate the contractual relationship with the GAIN User for the planned entry into force of the changes.

16.6 The EU Commission has made available on its website https://ec.europa.eu/consumers/odr/ the possibility to conduct a complaint procedure for the online settlement of disputes for consumers (OS). GAIN is not willing or obliged to participate in any dispute resolution proceedings before a consumer arbitration body.

Last update: 1.09.2018