Deutsche Version der AGB

Welcome to Black Wasabi - Your portal for information on game development and publishing.
 
We are happy to welcome you! Registration and use of our portal is of course free of charge. 

We bring together casual gamers, hardcore nerds, developers, influencers, investors and other people interested in games. Here you can get the latest information, exchange ideas, discuss or make contact with companies and organisations. Be there when the latest game is announced or hear about new job offers. Follow the big influencers or become one yourself: it's up to you!

I. Services offered by Black Wasabi
"Black Wasabi Portal" means the services offered through the websites blackwasabi.com, including all subdomains, aliases, mobile applications, applications, background applications, web services and integrations into third party sites. The main area is our social network.

II. rules of conduct towards us and the community 
In order for us to be able to provide our members with a satisfactory community, everyone must abide by the same rules:
1. access authorisation

Even though we would like to give everyone access to the Black Wasabi portal, we have to and want to make a few restrictions at the same time. You are therefore not allowed to be or become a member if: 

you are under 16 years of age, or
we have already denied you access with a (different) account, or
you are prohibited from receiving our products, services or software under the laws of your country.

Please note that some offers require a minimum age of 18 years (majority). 

2. use / registration

Registration is required to access our portal. We require an e-mail address and a password ("access data"). We advise you to use a secure password. A secure password contains at least 8 characters, consisting of upper and lower case letters as well as special characters. You must also provide a username under which you will appear on the Black Wasabi portal and with which you can interact with other members.

You may only have one account. The access data to your account must be protected from inspection and use by third parties. If it is feared that a third party is or could be using your account, inform us immediately so that we can take steps to protect your account (e.g. temporarily block it).

3. standards of conduct

In order to join and remain a member, you agree to the following principles: 

You will not violate these Terms of Use or other rules, such as the Community Rules.
You will comply with all applicable laws and regulations.
You will refrain from actions that may damage or diminish our reputation, that of our members or our services.

You must not upload any viruses or malicious code or do anything that could interfere with, overburden or impair the proper working of the service. This includes (attempting to) access data by circumventing access restrictions and the unauthorised use or promotion of any mechanism, software or script in connection with the use of the Black Wasabi Portal. 

If you become aware of content or actions that violate our standards of conduct or the community rules, inform us immediately. You will help us to remove or block such content as soon as possible. 

4. granting of licences

By posting or distributing content (text, images or video), you grant us a non-exclusive, transferable, sub-licensable, worldwide licence to make the content available on our site and to make it available or have it made available to others. This includes, but is not limited to, hosting, reproducing, making available to the public, modifying, performing or copying the content. For this purpose, you warrant to us that the content posted or distributed by you belongs to you or that you have the necessary rights to grant us the corresponding rights.
You may terminate this licence at any time by deleting your content or account. However, this may not apply to content that you have shared with others and/or otherwise given out of your control (e.g. posted in groups).
If you are unsure of your rights, take time to review our policy on the use of other people's content.
III. further provisions
1. updates 

We are continuously working on the Black Wasabi portal to keep it up to date and to serve our members. This also includes the adaptation of our offers and on the other hand of these terms of use. 

Changes will be made, in particular, if we are required to do so by law, regulation or government order, to close security gaps, to incorporate additional services, to be of benefit to you or to have no material impact on your use. 

We will give you at least one month's notice (e.g., by email or through our Offerings) before we make any changes to these Terms of Use so that you have an opportunity to review them before they take effect, unless the changes are required by law. We will inform you of this one month period and its significance in our notification. Once the new Terms of Use come into effect, you will be bound by them if you continue to use our products. However, if you no longer wish to be a member of the Black Wasabi portal, you can delete your account at any time. 

2. suspension or termination of accounts

There is no legal claim to admission to the Black Wasabi portal and our right to terminate for cause remains unaffected by the previous regulations. 

In particular, we reserve the right to block your account temporarily or - after expiry of a remedial period or unsuccessful warning - permanently in the event of violations of our provisions in individual cases and to refuse access to the Black Wasabi portal in principle. We also reserve the right to evaluate each case individually.

Furthermore, good cause shall be deemed to exist in particular if a party violates laws, third party rights or data protection guidelines and the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination date or until the expiry of a notice period, taking into account all circumstances of the individual case and after weighing the interests of both parties. These include: 

Non-compliance with legal regulations by the user;
Advertising for associations or communities - or their methods or activities - that are being monitored by security or youth protection authorities;
harm to at least one other member; or

3. limitations of liability

We are only liable to the following extent: We are liable without limitation according to the statutory provisions

for damages resulting from injury to life, body or health 
in case of intent or gross negligence; and 
under the Product Liability Act. 

Without limiting any of the above provisions, we shall be liable for ordinary negligence only in the event of a breach of a "material" duty arising under this Agreement. "Material" obligations in this sense are obligations which are necessary for the performance of the Agreement, the breach of which would jeopardise the purpose of the Agreement, and the observance of which you may rely on. In these cases, liability is limited to typical and foreseeable damages; in other cases, there is no liability for slight negligence. 

5 Miscellaneous
These Terms of Use apply conclusively, insofar as no reference is made in them to supplementary Terms of Use. Separate terms of use may apply to some offers or products, which must then be accepted separately and only then become part of the contractual agreement with you. 
If any part of these Terms of Use is held to be unenforceable, the remaining provisions shall remain in full force and effect. Our failure to enforce any provision of these Terms of Use shall not constitute a waiver of any rights. Any modification or waiver of these Terms of Use must be in writing and signed by us.
We may assign rights and obligations, in whole or in part, to third parties.
We may make representations to you by email, fax or letter, unless otherwise provided in the Terms of Use. We may also make representations to you by posting a notice in your home mailbox.
We do not participate in dispute resolution proceedings before a consumer arbitration board.
Place of performance is the registered office of Black Wasabi. The place of jurisdiction for merchants within the meaning of the German Commercial Code (HGB) is the registered office of Black Wasabi.
German law shall apply to the exclusion of international private law and the UN Convention on Contracts for the International Sale of Goods incorporated into German law. The mandatory consumer protection law of the state in which a user has his habitual residence remains unaffected.