1. General
The data services benefits of Nihilum (part of mousesports Ltd., hereinafter: mouz) occur on the basis of the following General Terms and Conditions. The mentioned general terms and conditions apply at the time the contract was disposed. Conditions who differ from these rules won't be accepted by us, if we do not expressly contradict you again after the incoming. All changes and extensions as well as sub-agreements and special agreements of the contract require a written affirmation of mouz to be effective. This also implicates any abrogation of this clause.
2. Utilisation
The customer is allowed to only print the information, which are taken out of the data by him. A further right to publish isn't given to the customer, nor is he allowed to duplicate the information which he printed, edit them, spread them, clone them, save them permanently, particularly to establish a databank or to forward it to third persons. mouz is always authorised to scan the utilisation, referring to the agreed utilisation or an unlawful claim or transfer of the ordered data, and to cancel - if neccessary - the respective customer's access authorisation to his offers. Additional legal measures are reserved to mousesports Ltd..
3. Liability
A liability is particularly excluded for defective data, which depend on false inputs of the delivered sources or of defective transmission of these sources. In general mouz adheres only for the willful misconduct or grossly negligent act of its statutory representers and auxiliarypersons. These limitation of liability bounds all contractual and statutory claims. mouz doesn't adheres for damages of vis majors. If mouz adheres, mouz adheres only as far as the damages were inherent to this contract. In these cases, the liability is limited to 10 Euro per case of loss and overall to 100 Euro. mouz doesn't adheres for failings or damages, who are caused by third persons.
4. Privacy
The customer knows and he agrees that the required personal data, to conduct the rapport of usability, is saved by mouz on a medium. The customer agrees on the census, converting and use of his personal data explicitly. The saved personal data will - of course - be treated confidentially by mouz. The census, converting and use of the personal data occur under adherence of the Federal Data Protection Act (FDPA) as well as the German TDDG (teleservice privacy act). The customer has the right, to cancel his acceptance at any time with the result for the future. In this case, mouz is bound to immediately delete the personal data of the customer. Running rapports of usability, the deletion occurs after the ending of the contract. The customer bounds himself to the terms of privacy of the Federal Republic of Germany.
5. Miscellaneous
If not already mentioned, the terms of privacy, copyright and data privacy laws and other lawful terms of the Federal Republic of Germany are implemented in the rapport of the offeror and customer. Therefore the following Terms have to be agreed on while using the Media, Blog, Gallery and Forum Section:
- Nihilum is not for pornography or sexually explicit content. If this describes your video, even if it's a video of yourself, don't post it on Nihilum. Also, be advised that we work closely with law enforcement and we report child exploitation. Please read Nihilum's Safety Tips and stay safe on Nihilum.
- Don't post videos showing dangerous or illegal acts, like animal abuse, drug abuse, or bomb making.
- Graphic or gratuitous violence is not allowed. If your video shows someone getting hurt, attacked, or humiliated, don't post it.
- Nihilum is not a shock site. Don't post gross-out videos of accidents, dead bodies and stuff like that. This includes war footage if it's intended to shock or disgust.
- Respect copyright. Only upload videos that you made or that you have obtained the rights to use. This means don't upload videos you didn't make, or use content in your videos that someone else owns the copyright to, such as music tracks, snippets of copyrighted programs, or videos made by other users, without their permission. Read Nihilum's Copyright Tips for more information.
- We encourage free speech and defend everyone's right to express unpopular points of view. But we don't permit hate speech which contains slurs or the malicious use of stereotypes intended to attack or demean a particular gender, sexual orientation, race, religion, or nationality.
- There is zero tolerance for predatory behavior, stalking, threats, harassment, invading privacy, or the revealing of other members' personal information. Anyone caught doing these things may be permanently banned from Nihilum.
- Don't try to cheat the system.
Please take these rules seriously and take them to heart. Don't try to look for loopholes or try to lawyer your way around them—just understand them and try to respect the spirit in which they were created. Violations of the Terms of Use may result in a warning notification or may result in termination of your account and deletion of all your videos. We decide whether we believe your violation of our Terms of Use should result in termination of your account. If you have an account terminated you are prohibited from ever signing up for another account!
6. Severability Clause / General Terms and Conditions
The General Terms and Conditions which are mentioned here are effective exclusively. The inclusion of other AGB is refused explicitly. All terms, which are included in these general conditions, are divisible and to be judged separately from the other terms, if one or more terms are effectless. If one or more terms of this General Terms and Conditions should be ineffective, the efficacy of the other terms of the General Terms and Conditions isn’t bothered. Instead of the ineffective terms, a term that meets the intention of the conditions or at least draw nearer to the substitute term, which would have been agreed on by the contract partners knowing the inefficacy, is replaced.
7. Subsidiary Agreement
There aren’t any further subsidiary agreements beside this contract and the General Terms and Conditions. Subsidiary agreements and changes of the contract need to be written. An abidance of this formality can’t be abandoned by any of the fulfillers of the contract.
8. Place of Fulfilment / Jurisdiction
Place of fulfilment is Berlin. Exclusive jurisdiction is Berlin, as well as it concerns merchants who have been entered as such in the commercial register. Analogous applies for forensic persons of the public international law or public-judicial separate estate. The entire rapport of the contract succumb the German right, undependable, whether the client succumbs another right.
