1 VENDOR AND SCOPE 

1.1 Validity of the terms and conditions 

1.1.1 

The Games Industry Network (“GIN”) portal and the associated service are operated by Games Industry Network GAIN UG (limited liability), based in Luxemburger Straße 79-83 

50354 Hürth, Germany 

. 

1.1.2 

These general terms and conditions (TS&CS) apply to all contracts with users of the "Gamesindustrynetwork.com" portal, in particular members and premium members, and the associated services, unless otherwise agreed in individual cases. 

1.2 Definitions 

1.2.1 

A member is any person who has registered on Gamesindustrynetwork.com or in the GIN Application by means of an email address, LinkedIn or Google SignIn and in the course of this has determined a corresponding individual user name and password, under which they can log into the GIN website or the member area in the GIN Application at any time. These individual data remain linked to the member profile and remain valid for all offers. 

1.2.2 

Free/Indie/Pro/Executive members are members who are entitled to use Free/Indie/Pro/Executive content on the basis of a Free/Indie/Pro/Executive membership contract concluded with Games Industry Network GAIN UG (limited liability). 

1.2.3 

Free/Indie/Pro/Executive content is content that is only offered to the Free/Indie/Pro/Executive member as part of their concluded Free/Indie/Pro/Executive membership. 

1.2.4 

Free/Indie/Pro/Executive memberships are those that the Free/Indie/Pro/Executive member can purchase for a fee in order to be able to access said Free/Indie/Pro/Executive content above. These memberships can be concluded as recurring subscriptions or with time-limited terms. 

2 CONCLUSION OF CONTRACT 

2.1 Conclusion of contract 

The membership contract comes into effect with the conclusion of the registration in step Two as a member by selecting the button “Agree and Join” and acceptance by activating the member account. However, the registration is only completed when the specified e-mail address is confirmed by entering the verification code in the corresponding registration field. The conclusion of a contract for Free/Indie/Pro/Executive memberships is described in section 4. 

2.2 Content of the contract 

The conclusion of a Free/Indie/Pro/Executive membership leads to a binding contractual relationship for the duration of the concluded Free/Indie/Pro/Executive membership. 

2.3 Free/Indie/Pro/Executive membership scope 

2.3.1 

Directly after the start of the contract, the user can, without exception, access all content that is available at the time of the start of the contract and that is included in their respective Free/Indie/Pro/Executive membership: 

 The provision of only this content reflects the contractual obligation of Games Industry Network GAIN UG (limited liability). No user is entitled to expect updates to the content or to request having added new content, software, or services during its term, regardless of whether Games Industry Network GAIN UG (limited liability) carries out this voluntarily. 

2.3.2 

If there is a justified suspicion of abuse, Games Industry Network GAIN UG (limited liability) is free to block the respective user's access as long as there is a suspicion of abuse. For this purpose, Games Industry Network GAIN UG (limited liability) will contact the respective user to clarify the matter. In the event of misuse, Games Industry Network GAIN UG (limited liability) is entitled to the options for action specified in these terms and conditions (blocking, extraordinary termination, compensation, etc.). 

3 CONTRIBUTIONS AND TERM 

3.1 Contributions 

3.1.1 

The fee for the respective Indie/Pro/Executive membership, which is the corresponding amount resulting from the choice of the Indie/Pro/Executive membership upon the conclusion of the contract, is to be paid immediately upon the conclusion of the contract. With the receipt of the payment confirmation at Games Industry Network GAIN UG (limited liability), the Indie/Pro/Executive access is activated. 

3.1.2 

The member is obliged to ensure that the payment goes smoothly. If payment is not possible or if a reverse booking is made, the resulting costs must be borne by the member. Games Industry Network GAIN UG (limited liability)is entitled to assert any verifiable damage that occurs as a result. In addition, the account will not be activated or immediately blocked until the payment has been made in full. 

3.1.3 

If the member provides Games Industry Network GAIN UG (limited liability) or a processor of payment transactions for Games Industry Network GAIN UG (limited liability) with payment information, they assure Games Industry Network GAIN UG (limited liability) that they are the authorized owner and user of the account data, cards, personal identification numbers used in connection with the relevant payment (PIN), the key used or the associated account. At the same time, the member authorizes Games Industry Network GAIN UG (limited liability) to debit their accounts set up with the respective payment service provider or your credit card or to process your payment with the help of the selected processor of payment transactions with regard to any fees owed by them. Games Industry Network GAIN UG (limited liability) can, if necessary, request the provision of their address or other data in order to be able to meet existing tax obligations under the relevant tax law. 

3.2 Runtime 

3.2.1 

The contract begins with activation of the respective membership or the acquired services or receiving of digital content by Games Industry Network GAIN UG (limited liability). 

3.2.2 

Memberships are unlimited in time. With the termination of the contract due to the expiry of the premium term or termination, access to the Indie/Pro/Executive content is blocked, access to or further use of Indie/Pro/Executive content is then no longer possible. Renewal of an expired or canceled Indie/Pro/Executive membership is only possible by purchasing a new Indie/Pro/Executive membership. 

3.2.3 

The right to extraordinary termination remains unaffected. 

4 PURCHASING PROCESS 

4.1 Purchasing steps 

4.1.1 

In order to acquire an Indie/Pro/Executive membership, the user must first become a member according to provision 2.1 of these terms and conditions. 

4.1.2 

When logged in, the member is shown the membership options either in the GIN Application or on the GIN website under the menu item "Pricing", .  

4.1.3 

4.1.3.1 | In the window that then appears, the member sees their selected membership on   top of the page for verification. As part of a standardized 3D Secure 2 standard, various information on invoicing and tax allocation are requested. The specification of this data is mandatory.  

Following confirmation of the billing cycle (monthly or annually), the selection of payment methods automatically appears. GIN is not obliged to offer certain payment mechanisms and is free to change those at any given time. The member must then choose the preferred payment method by selecting between Apple Pay and credit card. When selecting Apple Pay, the user is redirected to the Apple Pay form and must then fill out all the fields to finalize the payment. 

After confirming the payment method, the list of unselected methods becomes hidden and the member has the choice to redeem a VIP code by clicking on "I have a VIP code", entering their voucher code in the field that appears and confirming it with the "Redeem" button. If you purchase a Paid Subscription using a code, gift card, pre-paid offer, or other offer provided or sold by or on behalf of Game Industry Network for access to a Paid Subscription ("Codes"), you hereby agree to the Terms of Use. 

 
Only after all fields have been filled in and confirmed, the "Update Membership” button below the purchase summary on the right will be highlighted and clickable. By clicking on the same, the member finally confirms that they want to purchase the selected membership at the stated price and thus the will to conclude a contract. 

4.1.3.2 | When changing from one Indie/Pro/Executive membership model to another, the member is also informed about the crediting of their remaining term in the purchase summary. The remaining term of the existing Indie/Pro/Executive membership is always fully credited and used before the new Indie/Pro/Executive membership (seamlessly) connects to it. The rest of the purchasing process then takes place analogously to the procedure described in the TS&CS. 

4.1.3.3 | If the member chooses to pay by credit card, after clicking the "Update Membership" button, the member can choose their credit card and enter their card number, credit card validity, CVV number. Once the member has done this, the final purchase is carried out by clicking on the "Update Membership" button below the form fields and their credit card is charged. A purchase confirmation will be sent to the specified email address. If the payment was unsuccessful, this will be indicated to the member and no e-mail will be sent. 

4.2 Consequences of the purchase 

Upon the conclusion of an effective contract, the user receives a new user group that gives them access to all Indie/Pro/Executive content included in the corresponding Indie/Pro/Executive membership. For technical reasons, activation can take up to ten minutes. Games Industry Network GAIN UG (limited liability) points out that access to the premium content is only possible when you are logged in. 

5 RIGHTS / OBLIGATIONS OF THE MEMBER 

5.1 Dealing with membership 

The member is obliged to ensure that the user access is kept safe. The user password must be kept secret. 

5.2 Prohibition of forwarding user access data 

Membership to Games Industry Network GAIN UG (limited liability) is personal and cannot be transferred. The member is therefore obliged to use the user access data exclusively personally and not to pass it on to third parties (account sharing). In the event of a breach of this provision, Games Industry Network GAIN UG (limited liability) is entitled to extraordinary termination of the membership contract. 

5.3 Dissemination of content 

5.3.1 

The distribution of content that the member has acquired through his membership (beta versions, premium cheats, etc.) is prohibited. In the event of a violation, Games Industry Network GAIN UG (limited liability) is entitled to extraordinary termination of the membership contract. 

5.3.2 

For a violation according to 5.3.1, neither the medium nor the type, the range, nor the ownership of the medium that was used for the distribution is relevant. 

5.4 Etiquette and support 

5.4.1 

Games Industry Network GAIN UG (limited liability) reserves the right to limit or completely discontinue support via the ticket system (and, if applicable, by email) in individual cases, provided that the ticket system is misused in the form of spam / spamming or other undesirable statements, including but not limited to, advertising, profanity, vulgarity, insults, propaganda, (extreme) political views or (verbal) violations of the law. In special cases, this can also be done without a warning. 

5.5.2 

In the event of repeated infringement, Games Industry Network GAIN UG (limited liability) is entitled to block the member profile and, if necessary, to extraordinarily terminate any existing membership contract. 

6 COMMUNICATION REGULATIONS FOR (PREMIUM) MEMBERS 

6.1 Communication guidelines 

6.1.1 

Games Industry Network GAIN UG (limited liability) is entitled to set up binding communication guidelines for the GIN website and Application for members and premium members. The communication guidelines contain, in particular, regulations on permitted use and behavior in the respective communication areas. Furthermore, the guidelines aim to prevent the violation of the rights of other users and to comply with applicable law. 

6.1.2 

The communication guidelines can be changed/adapted at any time by Games Industry Network GAIN UG (limited liability). 

6.2 Communication moderators 

The member is entitled to use all communication areas at any time. The members are looked after by admin users and / or other registered users. The admin users are entitled to issue instructions insofar as this is necessary to maintain orderly operation of the communication, order and security or to comply with the communication guidelines. These instructions must be followed, otherwise the account may be temporarily or permanently blocked (analogous to 2.3.2). 

6.3 Rights of use to user-generated content 

6.3.1 

The user grants Games Industry Network GAIN UG (limited liability), insofar as this is necessary for the provision of the contractual services, the right to reproduce the content uploaded or set by them for use in the context of GIN and the GIN COMMUNICATIONS and on the user's end devices edit, insofar as the editing is necessary for conversion into a file format suitable for further distribution, and to make it publicly accessible, send and otherwise publicly reproduce, in particular, to keep the content available for retrieval by any third party via the Internet. In addition, the user grants Games Industry Network GAIN UG (limited liability) in particular the right to allow any third party to download the content to their end devices and to use it there as intended, and to grant the third party the necessary rights of use, as well as individual content or extracts to use for preview purposes to advertise the services of Games Industry Network GAIN UG (limited liability), for example, and to reproduce, distribute and make publicly available the relevant content, or otherwise publicly reproduce it and to grant third parties the necessary rights of use. 

6.3.2 

The above granting of rights in accordance with Section 6.3 takes place by posting or uploading content. The user assures Games Industry Network GAIN UG (limited liability) that he is entitled and able to grant usage rights to the extent specified above. Games Industry Network GAIN UG (limited liability) is entitled to request evidence from the user that he has the necessary usage rights. 

6.3.3 

To the extent that Games Industry Network GAIN UG (limited liability) gives users the option of making their own content available to third parties, e.g. in the context of a discussion communication or chat, Games Industry Network GAIN UG (limited liability) does not check the content for completeness, correctness, legality, topicality, quality or suitability for a specific purpose. Games Industry Network GAIN UG (limited liability) only provides the technical platform for the publication of the content posted by the users. Games Industry Network GAIN UG (limited liability) is therefore not responsible for third-party content or content to which Games Industry Network GAIN UG (limited liability) merely provides access. This also applies to the unchanged intermediate storage of third-party content. Games Industry Network GAIN UG (limited liability) advises the user that Games Industry Network GAIN UG (limited liability) only checks content if and to the extent that Games Industry Network GAIN UG (limited liability) has been informed of its illegality. Games Industry Network GAIN UG (limited liability) expressly requests users to report illegal content. 

6.3.4 

The user declares and warrants to Games Industry Network GAIN UG (limited liability) that they are the sole owner of all rights to the content they have posted, or that they are otherwise authorized (e.g. through effective permission from the rights-holder) to post the content. 

7 LIABILITY 

7.1 Unlimited liability 

Games Industry Network GAIN UG (limited liability) has unlimited liability for intent and gross negligence as well as in accordance with the Product Liability Act. In the case of slight negligence, Games Industry Network GAIN UG (limited liability) has unlimited liability for damage resulting from injury to life, limb and health of people. 

7.2 Limited liability 

In addition, Games Industry Network GAIN UG (limited liability) is only liable for slight negligence in the event of a breach of essential contractual obligations (cardinal obligations). Cardinal obligations are obligations that enable the contract to be properly implemented and compliance with which the member can regularly rely upon. Liability for slight negligence is limited to the amount of damage that was foreseeable at the time the contract was concluded, typical in its type, manner and occurrence and which may arise through the use of the Application made available by Games Industry Network GAIN UG (limited liability), but does not include damage that is caused by intentional user action. This limitation of liability also applies in the event that Games Industry Network GAIN UG (limited liability)'s vicarious agents are at fault. 

8 RIGHT OF WITHDRAWAL 

If the user is a consumer within their usual place of residence or domicile in the European Union, they have a statutory right of revocation in accordance with the following cancellation policy: 

8.1 Cancellation policy 

You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract is concluded. In order to exercise your right of withdrawal, you must contact Games Industry Network GAIN UG (limited liability), based in Luxemburger Straße 79-83, 50354 Hürth, Germany, payments@gamesindustrynetwork.info, by means of a clear statement (e.g. a letter sent by post, fax, or email) of your decision to withdraw from this contract.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired. 

8.2 Consequences of withdrawal 

If the member withdraws from this contract, we will action that all payments that we have received from them, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), are repaid immediately and at the latest within fourteen days from the day on which we received notification of their cancellation of this contract. For this repayment, we will use the same means of payment that were used for the original transaction unless something else was expressly agreed with the member. In no case will the member be charged any fees for this repayment. 

8.3 Withdrawal Form

To: 

Games Industry Network GAIN UG (limited liability)
Luxemburger Straße 79-83
50354 Hürth, Germany  

Subject: Withdrawal of GIN Premium Membership  

Hereby I declare my will to withdraw the concluded contract with meconcerning the acquisition of the GIN Premium Membership.  

Date of acquisition: 
Consumer’s name: 
Consumer’s address: 
Consumer’s signature, Date:
 

9 COPYRIGHT AND USE RIGHTS 

9.1 Usage rights 

9.1.1 

Regardless of the status of the user according to 1.2-1.2.4, Games Industry Network GAIN UG (limited liability) grants, without exception, a non-transferable right of use for non-commercial use, limited in time to the respective term. Indie/Pro/Executive members also have the right to use the additional Indie/Pro/Executive content for a limited period of time. Any transfer to third parties, distribution, or publication, be it in digital or embodied form, is prohibited within the framework of the standards of the German Copyright Act (UrhG). 

9.1.2 

Games Industry Network GAIN UG (limited liability) reserves the right to grant appropriate usage rights only upon receipt of full payment. 

9.1.3 

Under no circumstances is the user entitled to remove copyright notices, trademarks or other legal reservations within or on the content acquired. 

10 PRIVACY POLICY 

Games Industry Network GAIN UG (limited liability) collects, processes and uses the member's personal data in accordance with the information in our data protection declaration, which can be accessed on the GIN website. 

11 DAMAGES 

If Games Industry Network GAIN UG (limited liability) has the right to extraordinary termination of membership according to these terms and conditions and if Games Industry Network GAIN UG (limited liability) makes use of this right, the member has no right to reclaim (proportionate) contributions. Games Industry Network GAIN UG (limited liability) reserves the right to claim damages. 

12 FINAL PROVISIONS 

12.1 Changes to these Terms and Conditions 

Games Industry Network GAIN UG (limited liability) reserves the right to change or expand these terms of use at any time with effect for the future provided this is necessary and does not disadvantage the user contrary to good faith. A change may be necessary in particular to make adjustments to a change in the legal situation. Newly issued court decisions are also considered to be a change in the legal situation. Changes and further developments by GIN can also make it necessary to change or add to the terms of use. 

The changes become effective when Games Industry Network GAIN UG (limited liability) points out the changes, the member can take note of the changes and does not object to them within two weeks of receiving the notification of change. In the event of an objection, Games Industry Network GAIN UG (limited liability) is entitled to terminate the membership contract on the last day of the month. 

12.2 Offsetting prohibition 

The member may only offset undisputed or legally established claims. 

12.3 Ineffectiveness of individual provisions 

Should one or more provisions of this contract be or become ineffective, this shall not affect the effectiveness of the contract or its other provisions. 

12.4 Applicable Law 

The law of the Federal Republic of Germany applies to the exclusion of international sales law and the CISG. 

12.5 Download these Terms of Use 

These terms of use can be downloaded from www.gamesindustrynetwork.com under the General Terms and Conditions menu item. 

12.6 Online dispute resolution 

12.6.1 

The Commission of the European Union provides an internet platform for online dispute resolution (so-called OS platform). The OS platform serves as a possibility for the out-of-court settlement of disputes regarding contractual obligations from online sales contracts or contracts between consumers and entrepreneurs residing in the European Union. The platform can be accessed by clicking on the following link: https://ec.europa.eu/consumers/odr 

13.6.2 

Games Industry Network GAIN UG (limited liability) is not prepared to participate in such an out-of-court settlement of disputes that arise from contracts with our customers, not even according to the VSBG (Consumer Dispute Settlement Act). 

Colgone, Wednesday, April 20th, 2023