Terms of Service, Applicability

1. These Terms of Service apply to the website http://forum.beamng.tech of BeamNG GmbH, Domshof 17, 28195 Bremen (hereinafter “BeamNG”). All transactions between the BeamNG and the user (hereinafter “User”) in connection with services offered by the BeamNG on its website (hereinafter “Website”) are subject exclusively to the following Terms of Service (hereinafter “Terms”) as amended from time to time.

2. By accessing the Website or using the services offered by BeamNG (“Services”) you agree and acknowledge to be bound by these Terms of Service (“Terms”). They are an integral part of each contract between the User and the BeamNG unless provided otherwise in a particular case. The Terms also apply to any future transactions with the User, whether or not they are expressly made applicable again at that time. If you do not agree to these Terms, please do not access the Site or use the Services.

3. We reserve the right to change these Terms at any time. We recommend that you periodically check this Website for changes. Any changes to the Terms will be published on the Website. If the User continues to use BeamNG’s services after publication of the relevant changes, the User will be deemed to have consented to the changes, unless the User objects to the changes within 10 days from publication.

4. BeamNG and the User are independent entities, and nothing in the Terms, or via use of the Site or Services, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between BeamNG and the User.

Usage License; Services; User account

1. The services offered to the User on the Website are intended exclusively for his own personal, non-commercial use. The User shall use these services only for personal purposes. Any non-compliance will result in immediate exclusion and cancellation of the account.

2. BeamNG grants you a limited license to access the Website and use the Services in accordance with these Terms and the instructions and guidelines posted on the Website.

3. BeamNG reserves the rights to terminate your license to use the Website and Services at any time and for any reason or in the future charge for commercial usage.

4. Users of the Website may open an account on the Website.

Charges

1. Use of the Website is free of charge.

2. Games and other services are offered against payment. BeamNG will expressly advise and request confirmation from the User, if charges should apply to games or services.

Security

BeamNG accesses and stores sensitive website login data as part of its daily operations. While we will take every reasonable precaution to secure these details (including the use of database data encryption), nonetheless, making available personal data, whether in person, by telephone or online, is always associated with certain risks, and no technical system is completely immune to manipulation or sabotage. BeamNG will not accept any responsibility or liability for actions that may result from this data being intercepted or accessed by an unauthorized third party.

Conditions for Use of the Forum

Your permission to use the forum is subject to the following conditions:

  1. You must be at least eightteen years old.

  2. You may no longer use the forum if the company contacts you directly to say that you may not.

  3. You must use the forum in accordance with Acceptable Use and Content Standards.

Acceptable Use

  1. You may not break the law using the forum.

  2. You may not use or try to use another’s account on the forum without their specific permission.

  3. You may not buy, sell, or otherwise trade in user names or other unique identifiers on the forum.

  4. You may not send advertisements, chain letters, or other solicitations through the forum, or use the forum to gather addresses or other personal data for commercial mailing lists or databases.

  5. You may not automate access to the forum, or monitor the forum, such as with a web crawler, browser plug-in or add-on, or other computer program that is not a web browser. You may crawl the forum to index it for a publicly available search engine, if you run one.

  6. You may not use the forum to send e-mail to distribution lists, newsgroups, or group mail aliases.

  7. You may not falsely imply that you’re affiliated with or endorsed by the company.

  8. You may not hyperlink to images or other non-hypertext content on the forum on other webpages.

  9. You may not remove any marks showing proprietary ownership from materials you download from the forum.

  10. You may not show any part of the forum on other websites with <iframe>.

  11. You may not disable, avoid, or circumvent any security or access restrictions of the forum.

  12. You may not strain infrastructure of the forum with an unreasonable volume of requests, or requests designed to impose an unreasonable load on information systems underlying the forum.

  13. You may not impersonate others through the forum.

  14. You may not encourage or help anyone in violation of these terms.

Content Standards

  1. You may not submit content to the forum that is illegal, offensive, or otherwise harmful to others. This includes content that is harassing, inappropriate, abusive, or hateful conduct.

  2. You may not submit content to the forum that violates the law, infringes anyone’s intellectual property rights, violates anyone’s privacy, or breaches agreements you have with others.

  3. You may not submit content to the forum containing malicious computer code, such as computer viruses or spyware.

  4. You may not submit content to the forum as a mere placeholder, to hold a particular address, user name, or other unique identifier.

  5. You may not use the forum to disclose information that you don’t have the right to disclose, like others’ confidential or personal information.

Your Account

You must create and log into an account to use some features of the forum.

To create an account, you must provide some information about yourself. If you create an account, you agree to provide, at a minimum, a valid e-mail address, and to keep that address up-to-date. You may close your account at any time by e-mailing tech@beamng.gmbh.

You agree to be responsible for all action taken using your account, whether authorized by you or not, until you either close your account or notify the company that your account has been compromised. You agree to notify the company immediately if you suspect your account has been compromised. You agree to select a secure password for your account, and keep it secret.

The company may restrict, suspend, or close your account on the forum according to its policy for handling copyright-related takedown requests, or if the company reasonably believes that you’ve broken any rule in these terms.

Liability of the User; Release of BeamNG from third party claims

1. The User is liable for the infringement of the rights of a third party caused by him against these himself and directly. The User is obliged to compensate BeamNG for all losses or damages in connection with non-compliance with the obligations resulting from these Terms and the Forum Rules.

2. The User shall indemnify and hold harmless BeamNG from and against any and all valid claims brought by third parties or other users against BeamNG due to a violation of their rights by the user or based on any breach of Sections 5 and 6. The User will also bear the costs of the legal defense, including all court costs and attorney fees based on the statutory fee schedules. This does not apply if the user is not responsible for the infringement.

Liability of BeamNG

1. BeamNG PROVIDES THE WEBSITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. BeamNG SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INFORMATION ACCURACY, INTEGRATION, INTEROPERABILITY OR QUIET ENJOYMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

2. You understand and agree that you use the Website and Services at your own discretion and risk and that you will be solely responsible for any damages that arise from such use. UNDER NO CIRCUMSTANCES SHALL BeamNG BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING, INCLUDING BY NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO USE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES, DAMAGES INCURRED THROUGH ANY LINKS PROVIDED ON THE SITE AND THE NONPERFORMANCE THEREOF AND DAMAGES RESULTING FROM LOSS OF USE, SALES, DATA, GOODWILL OR PROFITS, WHETHER OR NOT BeamNG HAS BEEN ADVISED OF SUCH POSSIBILITY. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THIS SITE OR SERVICES OR WITH BeamNG SHALL BE TO TERMINATE USE OF THIS SITE AND SERVICES. Some states do not allow the exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you.

3. BeamNG assumes no liability, in particular, for any damages resulting from any third-party actions affecting the User’s system or resulting during data transfers from the User to BeamNG or from BeamNG to the User.

4. BeamNG has no control over design or contents of linked third-party websites and therefore makes no warranties with respect to the currentness, accuracy, completeness or lawfulness of such contents, and BeamNG hereby expressly states that it does not endorse such contents.

5. Any liability of BeamNG that may arise notwithstanding the foregoing provisions shall in each case be limited to damages caused by willful or grossly negligent actions or omissions of BeamNG, its representatives or agents, or resulting from a material breach of contract. Liability shall be limited to reasonably foreseeable damages, unless BeamNG is held liable for a breach of contract resulting from willful or grossly negligent actions or omissions.

6. Any liability for wrongful harm to life, limb or health shall remain unaffected thereby. The same shall apply to any liability that attaches by operation of law in accordance with the German Products Liability Act.

7. BeamNG generally provides all information, advice and recommendations to the best of its knowledge. There is no primary or subsidiary obligation to provide any information, advice or recommendations. Therefore BeamNG also is not liable for any damages resulting from the User’s acting on such information, advice or recommendations, unless liability is based on tort or other provisions of applicable law. Information, advice and recommendations may involve images or texts, irrespective of whether such information, advice or recommendations are accessible to the general public or provided to the User personally.

8. Except as provided herein, any liability of BeamNG for damages, whatever the legal grounds, is hereby excluded.

Data Protection

Information about the type, extent and purpose of the collection, processing and use of personal data by BeamNG, and about the User’s right to disclosure and right to correct, block, revoke and delete personal data can be found in our Privacy Policy.

Miscellaneous

1. Any modifications or amendments to these Terms ‒ including this clause ‒ must be in written form.

2. If any provision of the Terms is adjudged to be illegal or unenforceable, the continuation in full force of the remainder of the Terms will not be prejudiced, and the illegal or unenforceable provision of the Terms shall be severed accordingly.

3. These Terms are governed by German law without reference to conflict of laws principles. Mandatory legal provisions related to consumer rights of the country of residence of the consumer which cannot be limited or excluded by contract remain unaffected by this choice of law.

Feedback

The company welcomes your feedback and suggestions for the forum. See the Contact section below for ways to get in touch with us.

You agree that the company will be free to act on feedback and suggestions you provide, and that the company won’t have to notify you that your feedback was used, get your permission to use it, or pay you. You agree not to submit feedback or suggestions that you believe might be confidential or proprietary, to you or others.

How to contact us

You may contact us at any time, if you want your profile and related personal data to be corrected, blocked or deleted, or if you wish to revoke consent to our use of your e-mail address for purposes of sending you our newsletter. Moreover, we will at any time disclose to you which data are stored, what the origin of the data is, who the recipient of the data is, and the purpose for which data are stored. If you have any questions concerning data protection, please contact us at:

BeamNG GmbH
Domshof 17
28195 Bremen
Germany