Terms of Service, Applicability

1. These Terms of Service apply to the website beamng.com 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.

User Responsibility and Obligations

1. The User shall use the Website only for his/her own personal, non-commercial purposes.

2. If specific circumstances indicate that the User has violated applicable laws or rights of third parties, or if BeamNG otherwise has a rightful interest, including, without limitation, an interest in the protection of other users, BeamNG may take the following measures:

  • Sending a warning to the User
  • Limiting use of the Website

The BeamNG may limit use of the Website, in particular, if a user has provided false information, including, without limitation, a false or invalid e-mail address, if a user has breached provisions of sections 7.1, or if other circumstances provide good cause for limiting use of the Website.

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.

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: