GamerProfiles Terms of Service

§ 1 General

(1.1) GamerProfiles is provided by GP 9000 GmbH, Reinhardtstr. 29, 10117 Berlin ("We"). GamerProfiles’ mission is to bring the gamers of our world together, to give you the power to create and nurture meaningful connections across all games. We do this by giving you the power to find your perfect gaming friends for every game, to play, chat, share content and have fun together! We want to positively impact the lives of many people through the gaming products we create.

(1.2) The following provisions apply to all users who register for our offers. By registering, you declare your consent to the validity of these provisions.

(1.3) Our offers include all services, websites and/or applications that are provided by us and can be used by you as a registered user.

(1.4) We may change these terms in the future. You will be deemed to have agreed to the changes if you continue to use our services unchanged for four (4) weeks after you receive notification of the changes. If you do not agree to the changes, you can close your user account or object to the changes. In the event of your objection, we may terminate the user contract.

§ 2 Participation

(2.1) You must provide complete and correct information when you register and keep the data provided up to date at all times. If, in individual cases, the law requires a minimum age (e.g. 13 or 18 years) in order to be able to use our offers, this minimum age shall apply if parental consent is not provided.

(2.2) You commit,

(a) to keep your password to the user account secret, to store it securely and not to make it accessible to third parties. If the password becomes known to third parties, you must inform us immediately so that the old password can be blocked and a new password can be issued.

(b) not to provide any (i) insulting or defamatory, (ii) harassing or supporting harassment of another person, (iii) pornographic and/or erotic content or content or comments that violate the laws for the protection of minors, (iv) supporting racism, fanaticism, hatred or physical violence of any kind towards any group or individual, and (v) promoting illegal activities or behavior, in particular content or comments glorifying violence or inciting hatred.

(c) that all content created by you does not contain any illegal elements, in particular that it does not infringe any copyrights, personal rights or other proprietary rights of third parties or that it is not criminally relevant in any way.

(d) not to send SPAM messages to other users, including but not limited to unsolicited advertising, chain messages, requests for charity or sweepstakes, requests to collect signatures or other similar activities, and not to collect contact information from other users.

(e) not to impersonate or access the accounts of other users without authorisation.

(f) to indemnify us against all claims of third parties due to an infringement of rights from paragraphs (b) to (e) or other, comparable infringements upon first request, to bear our costs of legal prosecution and defense upon first request and to fully support us in the defense.

(g) to refrain from any action that is likely to impair or unduly burden the functionality of our offers and systems.

(h) not to register again after an exclusion.

Further explanations and obligations can be found in our Community Guidelines, which apply to all users.

(2.3) Our services allow you to share content and information in many ways, such as through your profile, posts or messages. They can be seen by other users or third parties outside our services.

§ 3 Messages

(3.1) You agree that we may send you communications and messages both within our offers and via the contact details you provide to us (e.g. email or mobile phone number).

(3.2) This enables us to inform you about similar goods or services from us. You can object to receiving such direct marketing at any time without giving reasons, e.g. by sending an email to help@gamerprofiles.com or through the settings in your user account.

§ 4 Rights of use

(4.1) You grant us a transferable, sub-licensable, royalty-free, irrevocable and perpetual right to use, reproduce, modify, distribute, publicly display, present and transmit your content without further consent or notice.

(4.2) You may terminate use for any or all of your content by deleting it from our offerings or closing your user account, taking into account that (a) other users may have copied, shared or stored your content and it may therefore continue to be used, and (b) we have a reasonable period of time to remove your content from our systems.

(4.3) We reserve the right,

(a) to display advertisements next to or in connection with your content without compensation.

(b) to edit your content (e.g. change the graphical representation or translate it) without changing the meaning.

(c) to make the content, which is provided by you as “public”, discoverable via search engines.

(d) not to store, not to (continue to) display and not to make copies of your content.

(e) to restrict, suspend or close your User Account if you breach these Terms.

(f) to change, expand, restrict or discontinue the content, structure and scope of our offers at any time.

(4.4) Unless otherwise stated, all content, information and other materials provided by us, including but not limited to trademarks, software, editorial text and graphics (collectively "Materials") are protected by proprietary and intellectual property rights. All Materials are owned by us and/or our licensors. By agreeing to these Terms, you are granted a non-sublicensable, non-transferable right, limited to the term of the agreement, to use our offerings and the Materials contained therein for your personal use within the scope of the purpose of the agreement. You may not copy (except temporarily for display on your terminal device), modify, create derivative works from, distribute, sell, rent, sublicense or otherwise commercialize our Materials.

§ 5 Responsibility for content

(5.1) You may receive content and information within our offers that may be incorrect, incomplete, late, misleading, unlawful or otherwise harmful. They originate from other users and we do not check the information and are not responsible for it.

(5.2) If individual users offer paid content, we are not responsible for its provision and do not monitor or control it. The service is provided and the obligation arises exclusively between the users involved.

§ 6 Gamer Supporter

(6.1) You have the opportunity to receive paid services such as the content or icons from an accredited user (“Gaming Content Creator” or “Grand Gamer”, collectively “GP Partner”) as its supporter ("Gamer Supporter") in the form of a subscription (collectively "Transactions").

(6.2) All transactions between you as a Gamer Supporter and the GP Partner will be governed by the terms of the contract between Gamer Supporter and GP Partner ("Gamer Supporter Contract"). Although we enable the transactions by providing GamerProfiles, we are not a party to the Gamer Supporter Contract or any other contract that may exist between Gamer Supporter and GP Partner. We are not responsible for the transactions between Gamer Supporter and GP Partner.

(6.3) In order to support a GP Partner with a paid subscription and thus become its Gamer Supporter, you must activate a Payment Method, click on the "Support" button for the respective GP Partner and select the amount and duration of the subscription.

(6.4) You agree that your subscriptions will be processed using the payment details you have provided. We are entitled to have your payment data processed by an external payment service provider. All subscriptions are charged in EUR plus the applicable sales tax. Any exchange rates, fees or costs charged by your bank or payment services (e.g. credit card providers) are your sole responsibility.

(6.5) A subscription is automatically renewed at the end of the subscription period unless your payment details are no longer up to date or you have terminated the subscription.

(6.6) If the subscription period ends, you can no longer use the services of the GP Partner.

§ 7 Liability

(7.1) Unless otherwise provided in these Terms including the following provisions, we shall be liable for a breach of contractual and non-contractual obligations in accordance with the statutory provisions.

(7.2) We shall only be liable for damages – irrespective of the legal grounds – in the event of intent and gross negligence (§ 599 BGB) and for damages arising from injury to life, body or health.

(7.3) The limitations of liability (7.2) shall also apply to third parties as well as in the event of breaches of duty by persons (also in their favor) for whose fault we are responsible in accordance with the statutory provisions. They do not apply insofar as a defect has been fraudulently concealed or a guarantee has been assumed and within the scope of application of the Product Liability Act (“Produkthaftungsgesetz“).

(7.4) If we are prevented from fulfilling our tasks and obligations by the occurrence of unforeseeable, extraordinary circumstances which we cannot avert despite our reasonable care (e.g. operational disruptions, official interventions, energy supply difficulties, pandemics, strikes or lockouts), whether these circumstances occur in our area or in the area of a commissioned third party, the period for performance shall be extended to a reasonable extent if the performance of the service is not rendered impossible. If our performance becomes impossible due to the aforementioned circumstances, we shall be released from our performance obligations.

§ 8 Termination

(8.1) You can terminate the use of our offers and the user agreement at any time. Either by closing your user account or by notifying us, whereupon we will close your user account. You will then lose the right to use the offers concerned.

(8.2) We reserve the right, in our sole discretion, to terminate your user agreement and to terminate your access to our offers, including, but not limited to, if we have reasonable grounds to believe that (a) your conduct violates these or any other of our terms or applicable law, (b) you are using our offers fraudulently or improperly, or (c) we are unable to continue to offer you our offerings due to technical reasons or legitimate business interests.

(8.3) Even after termination of the user agreement, other users are entitled to continue sharing your content and the provisions under Section 4. and 7. continue to apply.

§ 9 Final provisions

(9.1) The contractual relationship shall be governed by the law of the Federal Republic of Germany with the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the limitation of the choice of law and on the applicability of mandatory provisions, in particular of the state in which you have your habitual residence as a consumer, shall remain unaffected.

(9.2) If additional terms and conditions apply to our offers, they shall prevail to the extent that they conflict with these Terms.

(9.3) Your terms and conditions shall only become part of the contract if and to the extent that we have expressly agreed to their application.

(9.4) Your legally relevant declarations and notifications shall be made in text form (e.g. letter, email or message).

(9.5) The EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes first without having to go to court. The dispute resolution platform can be accessed via the link http://ec.europa.eu/consumers/odr/. We are not prepared to participate in a dispute resolution procedure before a consumer arbitration board.

(9.6) Should any provision of these Terms be invalid as a whole or in part or lose its legal validity at a later date, this shall not affect the validity of the remaining provisions. Instead of the ineffective provision, another appropriate provision shall apply by way of contract adjustment, which economically comes closest to what the parties would have wanted if they had been aware of the ineffectiveness of the provision.

§ 1 General

(1.1) These terms and conditions apply when you register as a “Gaming Content Creator” or “Grand Gamer” (collectively “GP Partners”) within GamerProfiles and are accredited by us. GamerProfiles is a service provided by GP 9000 GmbH, Reinhardtstr. 29, 10117 Berlin ("We"). We enable you to make your content available for a fee to subscribers ("Gamer Supporter"). Your content includes, but is not limited to, data, (live) videos or images provided by you.

(1.2) As a GP Partner, you are also subject to the Terms of Use for all users and the Community Guidelines. In the event of contradictions, the conditions for GP Partners shall take precedence.

(1.3) The relationship between GP Partner and Gamer Supporter is governed by the Gamer Supporter Contract, which in particular determines the contract and payment processing as well as the mutual obligations of the parties.

(1.4) Our offers include all services, websites and/or applications provided by us that can be used by you as a GP Partner.

(1.5) We may change these terms in the future. You will be deemed to have accepted the changes if you continue to use our offers unchanged for four (4) weeks after you receive notice of the changes. If you do not agree to the changes, you may close your GP Partner Account or object to the changes. In the event of your objection, we may close your GP Partner Account.

§ 2 Application and Accreditation

(2.1) You can apply to be a GP Partner at any time if you already have a user account. The application may require further information, such as a copy of your identity card and payment details. Your application constitutes a request for accreditation as a GP Partner.

(2.2) We will check your application carefully and inform you of the result upon successful accreditation. We are not obliged to accept your application for accreditation and reserve the right to refuse your application.

(2.3) After successful accreditation, you can expand your profile as a GP Partner, use advanced features and receive subscriptions from Gamer Supporters. In return, the Gamer Supporters will have access to exclusive content from you, digital rewards and status symbols (e.g. icons, badges or titles) and can send you a private message once.

(2.4) If you lose the access data to your user account, you can reset the password. To do this, however, you must know the email address that you used to set up your account. If you no longer know this email address, we may ask you to provide a copy of your identity card and any other necessary documentation that we reasonably require to prove your identity.

(2.5) Only you as a natural person can become a GP Partner. If a representative, agency or other third party assists or represents you in the operation of your GP Partner profile, you as a natural person are always responsible and our sole contractual partner.

§ 3 Service provision for the Gamer Supporter

All transactions between you as a GP Partner and the Gamer Supporter will be governed by the terms of the contract between Gamer Supporter and GP Partner ("Gamer Supporter Contract"). Although we enable the transactions by providing GamerProfiles, we are not a party to the Gamer Supporter Contract or any other contract that may exist between you and the Gamer Supporter. We are not responsible for the transactions between you and the Gamer Supporter.

§ 4 Content requirements

(4.1) In addition to the Terms of Use for all Users, the following provisions apply to your content:

(a) You warrant that your content will always comply with the Terms of Use for all Users and the Community Guidelines.

(b) You warrant that you always have the necessary rights to your content to make it available within GamerProfiles and to the Gamer Supporters.

(c) You warrant that your content does not infringe any third-party rights, in particular that persons depicted besides you have consented to the use of the content and that you will adequately remunerate or compensate them, if applicable.

(d) You agree that the Gamer Supporters are granted the rights of use set out in the Gamer Supporter Contract and that your content may be made available for use by a large number of Gamer Supporters.

(e) You will always ensure that your content is appropriate to GamerProfiles and its users in terms of its quality, purpose and content design.

(4.2) If you provide content that is intended to promote, directly or indirectly, goods, services or other offers of third parties in exchange for payment, other consideration or self-promotion (including advertising, sponsorship and product placement) (collectively, "Advertisement Content"), then you must comply with the following requirements:

(a) The Advertisement Content shall not:

(i) discriminate or promote discrimination.

(ii) directly or indirectly encourage users to endanger the health or safety of people or the environment.

(iii) cause physical, mental or moral harm to users or place them in dangerous situations.

(iv) directly solicit users to purchase goods, services or other offers in a manner that exploits their inexperience or credulity.

(v) directly solicit users to induce others to purchase goods, services or other offers.

(b) Not to advertise cigarettes and other tobacco products, electronic cigarettes and electronic cigarette refill containers, illicit drugs or prescription medicines.

(c) Not to advertise alcoholic beverages and not to encourage excessive consumption of alcohol.

(d) Not to promote or facilitate illegal gambling.

(e) To always clearly and conspicuously identify Advertisement Content as advertising.

(4.3) We are not responsible for your content and are not obliged to monitor, control, backup or store it permanently.

§ 5 Release from liability

You undertake to indemnify us, our vicarious agents and our users against all claims by third parties on account of an infringement of rights in relation to your content, in particular from section 4.1 (Content requirements) and 4.2 (Advertising), or in relation to your conduct on first demand, to bear our costs of legal action and defense on first demand and to support us fully in the defense.

§ 6 Payment processing

(6.1) All payments are processed by an approved payment provider (e.g. PayPal or Stripe).

(6.2) The subscription income results from the subscription revenue minus VAT and transaction costs (e.g. fees from the payment provider or a currency conversion). You receive 70 percent and we receive 30 percent of the subscription income ("GamerProfiles Fee" or "GP Fee"). We have no impact on the costs of the transaction, do not charge any transaction costs ourselves and do not receive any share of the transaction costs of the payment providers.

(6.3) Payout of your subscription income can be made once every 30 days and requires a minimum amount of EUR 100.00. You can view your subscription income on a daily basis in your GP Partner account.

(6.4) If a Gamer Supporter successfully requests a refund or chargeback from their payment service provider (e.g. credit card provider) for a payment made to you, we may investigate the case and decide to deduct an appropriate amount from your subscription income.

(6.5) We reserve the right to withhold subscription income in whole or in part from payment if

(a) we have determined or have a serious reason to believe that you are or will be in serious or repeated breach of our Terms for GP Partners, Terms of Use for all Users or Community Guidelines.

(b) we have reasonable grounds to suspect that all or part of the subscription income is derived from unlawful, criminal or fraudulent activity.

(c) we receive notice that your subscription income is pledged, assigned or otherwise encumbered.

(6.6) We are entitled to use the retained subscription income to compensate our damages and to cover the costs arising from investigation and defense, such as in the case of fraudulent activity.

(6.7) You undertake to report all payments received in connection with your activity as a GP Partner to the proper tax authority and to comply at all times with all relevant tax regulations. If you are a defendant in a tax investigation, you are obliged to inform us immediately.

(6.8) We recommend that you seek professional advice on tax matters. You are solely responsible for your tax affairs. We do not advise you on tax matters and are not liable for non-payment of taxes.

§ 7 Termination

(7.1) You may terminate your GP Partner accreditation at any time. Either by closing your GP Partner Account or by notifying us, whereupon we will close your GP Partner Account. By doing so, you will lose the right to use the GP Partner offers and services.

(7.2) We reserve the right to terminate your GP Partner accreditation in our sole discretion, including, but not limited to, if we have reasonable grounds to believe that (a) your conduct violates this or any other of our terms and conditions or applicable law, (b) you are using our services fraudulently or improperly, or (c) we are unable to continue to offer you our services due to technical reasons or legitimate business interests.

(7.3) Even after the termination of accreditation, users may be entitled to continue sharing your content and the provisions under 3. and 5. will continue to apply.

§ 8 Liability

(8.1) Unless otherwise provided in these Terms including the following provisions, we shall be liable for a breach of contractual and non-contractual obligations in accordance with the statutory provisions.

(8.2) We shall be liable for damages – irrespective of the legal grounds – within the scope of culpability in the event of intent and gross negligence. In the event of simple negligence, we shall only be liable, subject to statutory limitations of liability (e.g. care in own affairs; inconsiderable breach of duty), only in the following cases:

(a) for damages resulting from injury to life, body or health and

(b) for damages resulting from the breach of an essential contractual obligation (obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the adherence of which you regularly trust and may trust); in this case, however, our liability is limited to the compensation of the foreseeable, typically occurring damage.

(8.3) The limitations of liability (8.2) shall also apply to third parties as well as in the event of breaches of duty by persons (also in their favor) for whose fault we are responsible in accordance with the statutory provisions. They do not apply insofar as a defect has been fraudulently concealed or a guarantee has been assumed and within the scope of application of the Product Liability Act (“Produkthaftungsgesetz”).

§ 9 Final provisions

(9.1) The contractual relationship shall be governed by the law of the Federal Republic of Germany with the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the limitation of the choice of law and on the applicability of mandatory provisions, in particular of the state in which you have your habitual residence as a consumer, shall remain unaffected.

(9.2) Your terms and conditions shall only become part of the contract if and to the extent that we have expressly agreed to their application.

(9.3) Should any provision of these Terms be invalid as a whole or in part or lose its legal validity at a later date, this shall not affect the validity of the remaining provisions. Instead of the ineffective provision, another appropriate provision shall apply by way of contract adjustment, which economically comes closest to what the parties would have wanted if they had been aware of the ineffectiveness of the provision.

§ 1 General

(1.1) This contract sets out the terms and conditions that apply between two users who provide and receive paid content within GamerProfiles. Content is defined as paid services (e.g. data, (live) videos or pictures) of an accredited user (“Gaming Content Creator” or “Grand Gamer” (collectively “GP Partner”) that are remunerated by another user in the form of a subscription ("Gamer Supporter").

(1.2) This contract applies exclusively between the respective Gamer Supporter and the GP Partner. GP 9000 GmbH, Reinhardtstr. 29, 10117 Berlin ("We" or "Us") as the provider of GamerProfiles is not a party to this contract; we only provide the infrastructure for processing.

§ 2 Contract and payment processing

(2.1) By entering into a subscription, the Gamer Supporter agrees to support the GP Partner within the scope and duration of the subscription and to pay the amounts of the subscription to the GP Partner plus the applicable VAT.

(2.2) The Gamer Supporter and the GP Partner agree that payments from the subscription, including VAT, will be collected by an approved payment provider, the amounts due will be paid to the GP Partner and the GamerProfiles Fee will be paid to us as provided within the Terms for GP Partners.

§ 3 Rights of use

(3.1) Upon conclusion and full payment of the subscription, the Gamer Supporter receives a non-sublicensable and non-transferable right to the respective content from the GP Partner, limited to the term of the subscription, to use the content for the personal use of the Gamer Supporter within the scope of the purpose of the contract, in particular to view it and have it displayed on their device. The Gamer Supporter is not entitled to copy the respective content (except temporarily for display purposes on their device), to modify it, to create derivative works from it, to distribute it, to sell it, to rent it, to sublicense it or to commercialize it in any other way.

(3.2) All content provided by the GP Partner is the property of the GP Partner and/or the property of its licensors. This contract does not grant the Gamer Supporter any ownership rights with regard to the provided content.

(3.3) The rights of use (3.1) shall expire if

(a) the subscription ends, unless the subscription is (automatically) renewed.

(b) the payment processing fails (e.g. due to a chargeback or cancellation).

(c) the user account of the Gamer Supporter or the GP Partner is suspended or terminated.

(d) the GP Partner removes the respective content.

§ 4 Mutual obligations

(4.1) The Gamer Supporter and the GP Partner declare to comply with the Terms of Service for all Users at all times, in particular not to infringe any third party rights, not to deceive about their identity and to be solely responsible for the content and the related transactions.

(4.2) The Gamer Supporter agrees not to initiate unfounded chargebacks and not to interfere with the provision of the GP Partner content.

(4.3) The GP Partner agrees to provide the Gamer Supporter with its existing and future content and to have all necessary rights to provide it. The GP Partner is solely responsible for the creation of the content and is not obliged to provide new content on an ongoing basis.

(4.4) The Gamer Supporter acknowledges that the GP Partner may add and remove content at any time and that this, and the nature of the content, is solely at the discretion of the GP Partner. In addition, the provision of content may become impossible in individual cases, for example if

(a) the Gamer Supporter's user account is suspended or terminated;

(b) the GP Partner's user account is suspended or terminated;

(c) GamerProfiles is unavailable in whole or in part; or

(d) the GP Partner is unable to create content in the future.

§ 5 Final provisions

(5.1) The contractual relationship shall be governed by the law of the Federal Republic of Germany with the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the limitation of the choice of law and on the applicability of mandatory provisions, in particular of the state in which a party has its habitual residence as a consumer, shall remain unaffected.

(5.2) Should any provision of this contract be invalid as a whole or in part or lose its legal validity at a later date, this shall not affect the validity of the remaining provisions. Instead of the ineffective provision, another appropriate provision shall apply by way of contract adjustment, which economically comes closest to what the parties would have wanted if they had been aware of the ineffectiveness of the provision.