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General Terms And Conditions

The General Terms and Conditions for Games-Career.com are provided here. In addition, you can view the details regarding payment options.

General Terms and Conditions for the Brokerage Portal Games-Career.com

1.Scope

1.1 These General Terms and Conditions are applicable for the Website of the brokerage portal Games-Career.com, operated by Quinke Networks, proprietor Achim Quinke (hereafter referred to as the “Operator”). The legal relationship between the Operator and the respective Principal (“Principal”)—in addition to other Users (“Users”)—as it concerns the brokering of jobs, internships and enrolment in academic programmes, and other services for the games industry, via the brokerage portal on the Operator’s Internet site (“Website”), is governed exclusively by the following General Terms and Conditions in their valid version at the time of job assignment (applicable to Principals) and/or at the time of registration (applicable to Users).

1.2 These General Terms and Conditions shall also be an essential component of any signed contract relating to the posting of an offer or request (“order”) unless other stipulations were individually agreed upon. They shall remain in force during future business relations (“subsequent orders”) with the Principal, without their express renewed implication being required.

1.3 With his submission and/or posting of offers/requests on the Website, the Principal implicitly accepts these General Terms and Conditions. A submission or posting of offers/requests affords the Principal the opportunity to take note of the General Terms and Conditions and he must accept the validity of the General Terms and Conditions with a separate “click”.

1.4 The Operator reserves the right to alter or delete certain sections of the Website’s services at any time, without advance notice or need for approval. The Operator is further entitled to change the General Terms and Conditions at any time. Changes to the General Terms and Conditions shall be published on the Website. A continued use of the Operator’s services following publication of the relevant changes shall be deemed an acceptance of those changes unless the User objects to the changes within 10 days following their publication.

2. Object of contract

2.1. Games-Career.com serves as a brokerage portal primarily for recruitment, job or training offer searches, and the provision/retrieval of information on offered academic programmes. To this end, the Operator shall offer the Principal a range of services. The specific services offered by the Operator will be disclosed on the Website, www.games-career.com, or upon individual request. The following is a non-exhaustive list of services offered by the Operator:

  1. The creation and/or posting of offers such as job offers, internships/placements, or academic offers.
  2. The creation and/or posting of “Top” profiles, such as a Top Employer profile, in conjunction with the opportunity to sign up for a monthly or yearly subscription.
  3. The display of ad banners supplied by offerors of employment, internships, training/academic programmes, etc., on our Website.
  4. The creation and/or posting of requests, e.g. for employment or academic/vocational training, on our Website.

2.2. The Principal may additionally use the Operator’s other services (uploading of logos, photos, CVs and work samples, text, video- and logolinks, etc.).

2.3. Contact between the Principal and Users shall be established exclusively via the personal contact details provided by the Principal and User. In the absence of an additional written agreement, the Operator shall not take on any mediation function beyond the services of the Internet page.

3. Conclusion

The contract shall take effect with respect to the respectively booked services (cf. No. 2.1 and 2.2 and the overview of offered services published on the Website, www.games-career.com) upon the Operator’s written confirmation of the booked service, such as an offer or request, or when the booked service is rendered by the Operator. The requirement of written form is met by the sending of a telefax or e-mail.

4. Proprietary usage, intellectual property and other rights, etc.

4.1 This web page’s content is protected by copyright. This protection includes in particular any texts, graphics, illustrations, audio, software etc. The page may not be altered, published, duplicated, stored, incorporated in a database or otherwise commercially exploited in any form without the express written permission of its Operator. This also applies to content not protected by copyright. (Additionally, all brands and names are protected under trademark law. They must not be used as brands by third parties without the consent of the Operator having been given.)

4.2 On placing his order, the Principal affirms that he owns all rights to written copy and images in the transferred data/content and may dispose of them freely. He shall indemnify the Operator against all claims by third parties which the latter assert against the Operator on account of violations of their rights, especially copyright, proprietary usage and intellectual property rights or other trademark rights, together with personal rights and the right of fair competition.

4.3 By submitting the transferred data/content, the Principal automatically transfers to the Operator all usage rights relating to the relevant data and content, temporally and spatially unrestrictedly, irrevocably, gratis and non-exclusively (for publishing the uploaded data/content on the internet or for similar purposes) in connection with the brokerage portal.

4.4 In the event of a violation by the Principal against the provisions of these General Terms and Conditions, especially including the above provisions under Nos. 4.1 – 4.3, the Operator reserves the right to delete data, content and uploaded files and to terminate the contractual relationship, see No. 8.

5. Rights and duties of the Principal

5.1 The Principal shall guarantee that in his details relating to booked services and all further statements he will publish only information that accords with the facts.

5.2 The Principal shall autonomously post the details regarding the booked service(s) (such as an offer/request) in the prescribed format using the online form. After clearing by the Operator, the booked service shall appear as seen in the preview. Changes of content shall be undertaken only following prior consultation with the Principal. The Operator reserves the right to change the formal manner of appearance.

5.3 The Operator reserves the right not to carry out the Principal’s orders by reason of their content, origin, or technical form, according to objectively justified principles. This applies especially to content that violates legal or governmental restrictions, is abusive or offends common decency, or the publication of which is unacceptable to us for other reasons. The same applies to a later deletion of content and to files already published.

5.4 Each listing may contain only a single offer. Thus, two separate offers cannot be posted concurrently within one listing. Accordingly, an offer, e.g. with the designation “Junior/Senior Game Designer” is evaluated and billed as two separate job offers.

5.5 An alteration of already published offers/requests without restrictions is permitted only for Top profiles, such as a Top Employer profile. Other than that, the changing of a booked regular service by the Principal is possible only to a limited extent. Any alterations which significantly affect an offer’s content, such as the job designation or type of employment specified, are considered new and separate services, equivalent to , for example, a newly posted listing, and as such are chargeable.

5.6 An early deletion and/or the taking offline of offers/requests prior to expiration of their contractual run time is possible and may be initiated by the Principal directly via his own login process. Upon an e-mail request by the Principal, offers/requests may be prematurely deleted or taken offline by the Operator.

5.7 In cases of early deletion/the taking offline of offers, no reimbursement of fees paid for their posting shall be made, either in full or in part. If the offer is posted anew, it is treated as a new listing and billed accordingly.

5.8 The Principal is responsible for the content of Internet pages and videos with links to the content provided via his booked service or in his Top profile. Fundamentally, linking is admissible only with company-owned or the Principal’s privately operated Internet pages.

6. Fee payments, due dates, arrears

6.1 Unless a different written arrangement has been made, the Principal shall pay the Operator for each of his booked services (cf. No. 2) a fee to be taken from the Operator’s price list, plus the respective applicable sales tax which shall be adjusted in the event of subsequent changes. The currently applicable rates are published on the Internet under www.games-career.com or will be gladly supplied on separate request.

6.2 Payment for the booked service (cf. No. 2) is due immediately and shall be made directly upon posting of the offer/request. Primary payment mode is by credit card, direct debit (Germany and Austria), sofortbanking.de (direct e-banking) and PayPal (details of payment options can be found here. The Operator reserves the right with each booking not to offer certain payment modes while suggesting others.

6.3 For each booked and paid service the Operator shall issue an invoice. This can be downloaded immediately following remittance. The invoice serves as proof of payment; payment per invoice is only possible with a Top profile and yearly subscription (cf. No. 7.2 for payment options).

6.4 The “monthly subscription” or “yearly subscription” services booked as part of a Top profile, e.g. a Top Employer profile, shall be settled monthly or yearly. Monthly subscriptions may be paid by credit card or direct debit (only for businesses based in Germany and Austria). Yearly subscriptions shall be billed once a year for all 12 months and may be paid per invoice only. Payment shall be due immediately on receipt of invoice.

6.5 The service booked by the Principal shall be performed (posted online and/or processed) when payment has been credited to the Operator’s account. The Operator becomes liable for performance of the booked service and for provision of any other service only after receipt of the full payment. In case of a reversal of a paid sum – regardless of reason – the Operator shall be entitled to discontinue his services and take the booked service offline.

6.6 Reversals/chargebacks entail great expense and costs for the Operator. In case of a chargeback – regardless of reason – the Principal is obliged to pay a handling fee of €7.50 per chargeback. The Operator expressly reserves the right to assert additional claims.

7. Rights and duties of the Operator

7.1 The Operator shall post the offers/requests on the Website, Games-Career.com. The time between submitting the advertisement by way of the online form and its activation on the web page of the brokerage portal is normally two business days. Services liable for payment are activated on the Internet page only after receipt of payment. Offers remain visible on the brokerage portal from the time of their publication until expiration of the period booked or previously agreed in writing. The advertisement is then automatically deleted. Job requests generally remain visible on the brokerage portal for 12 weeks from the time of publication.

7.2 The Operator shall make a continuing effort to broaden his range of services. He shall be entitled to discontinue the operation of the Games-Career brokerage portal at any time without giving reasons; in particular he shall not provide any guarantee that the brokerage portal shall be provided without interruptions. Technical impairments beyond his control as well as maintenance work and alterations shall not constitute a change in the contractual relationship.

7.3 The Operator is further entitled, although not obliged, to disseminate offers/requests through other media, especially through printed matter at trade shows or by telephone. These are deemed voluntary, additional services on the part of Operator, without any further costs accruing to the Principal.

8. Termination/cancellation of the contract

8.1 The contract shall expire at the end of its agreed term.

8.2 The Operator is entitled to terminate the contract without notice for a compelling reason. A compelling reason obtains if the Principal breaches his contractual duties according to Nos. 4, 5, and 6, and among others if he falls into arrears with his payments. Otherwise, existing legal regulations remain in force.

8.3 The “monthly subscription” service booked under Top profile, e.g. Top Employer profile, features may be cancelled at a single business day’s notice to the end of the agreed term. Cancellation may be undertaken by the Principal with his own login or announced in writing. Cancellation by e-mail suffices as written form. If the monthly subscription is not cancelled in time, it is automatically renewed for the following month.

9. Advertising

The Operator shall be entitled to display advertising – including on an individualized basis – on his Website to the extent it complies with legal provisions. This entitlement covers advertising by businesses associated with the Operator and advertising contained in any newsletter which the User has e-mailed to him in the event he has agreed to receipt of the newsletter.

10. Warranty and liability

10.1 The Operator shall guarantee only the best possible availability of data commensurate with the respectively customary technical standard. The Principal shall however be aware that the state of technology does not permit the creation of a totally fail-safe program and it may be possible that through no fault of his own the Operator’s data and services are not always available. In particular, the Operator shall not be liable in instances when his services are unavailable

  • owing to the use of incompatible presentation software and/or hardware (e.g. browser) or
  • owing to disruptions of other operators’ communication networks or
  • owing to a computer crash at an Internet access provider or online service provider or
  • owing to incomplete and/or insufficiently updated services on so-called proxy servers (intermediate storage equipment) of commercial and non-commercial providers and online services.

10.2 The Operator shall not be liable for any content of offers/requests or files provided by the Principal or for other obligations arising from the Principal’s sphere. The Website’s content shall be the responsibility of the Principal. The Operator shall not be liable for the correctness, completeness, legality, or currency of the content.

10.3 The Operator shall not be liable for the establishment of contact between offerors and seekers effected for a minimum number or minimum quality of applications, nor for investments made by the Principal as part of this service or contract conclusion e.g. in the expectation of a minimum number of applications. The Operator shall not be liable for the accuracy of data he has published at the behest of employers or job seekers, or any factual statements contained in the data.

10.4 The Operator and associated vendors of telecommunications and network services shall not be liable for any damages caused by the use or non-use of the Website, especially including the demand to have the Website perform without interruption or faultlessly. This includes, but is not limited to, liability for legal defects, integrity, marketability or suitability for a specific purpose with respect to availability, precision, reliability or content of the pages. The Operator is not liable for any direct, indirect or coincidental damages, nor for consequential damages, lost profits or interruptions of business which ensue from usage or lack of opportunity for usage of websites and the services they contain. This also applies even if the Operator was notified of the possibility of such damages.

10.5 The Website and its underlying platform/database shall be offered subject to availability. The Operator shall not be liable for any deletion of data or photos contained in the data base or a failure to store them. Nor shall the Operator be liable for possible delays or failed transmissions at the time of communication.

10.6 In particular, the Operator shall not be responsible nor assume liability for any damages that arise from outside effects on the system of the respective User or Principal or during the process of data transmission.

10.7 The Principal shall indemnify the Operator from any justifiable claims by third parties based on any infringement of No. 4.2, including cost of legal defence, to the extent the aforesaid third parties assert claims against the Operator.

10.8 The Operator’s liability, should such obtain notwithstanding the preceding provisions, shall be limited in any instance to damages that were caused by wilful or grossly negligent action on the part of the Operator, his legal representatives or agents or which results from a violation of one of the primary duties of the contractual relationship. Liability for damages shall be limited to foreseeable, typical damages, unless the Operator is found guilty of wilful or grossly negligent violation of contract.

10.9 Should any cause of liability due to the loss or destruction of data obtain, the Operator shall be held liable only in the amount of the typical recovery expenses which arise in spite of regular data backup in conformity with the current state of technology.

10.10 Liability for tortious injury to life, limb or health remains unaffected. This also applies to mandatory liability according to the product liability act.

10.11 The Operator generally provides all information, advice and recommendations to the best of its knowledge. There is no primary or subsidiary contractual obligation to provide any information, advice or recommendations. Therefore the Operator is also not liable for any damages resulting from 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 personally.

10.12 Otherwise, any liability of the Operator for damages, whatever the legal grounds, is excluded.

11. External Links

The Games-Career.com brokerage portal contains links to external internet pages. As these internet sites do not fall under the Operator’s influence, the latter shall bear no responsibility for their content. Legal responsibility, including in terms of data protection, lies exclusively with the operators of these external Internet pages. The Operator at the same time expressly distances himself from any illegal content of these pages or any continuative hyperlinks with illegal or objectionable content.

12. Confidentiality and data protection

Pursuant to § 33, par. 1 of the German Federal Data Protection Act, the Principal is hereby advised that the Operator stores his personal data in machine-readable form and processes them by machine for contractual purposes. Information about the type, extent, location and purpose of the collection, processing and use with regard to the contract of personal data necessary for carrying out orders by the Operator, and about the Principal’s/User\'s right to disclosure and right to correct, block, revoke and delete personal data can be found in our Data Protection Policy.

13. Online dispute resolution for consumers

On 9 January 2016, the EU’s Consumer ODR (Online Dispute Regulation) (524/2013) came into force. According to that regulation consumers shall be informed about the ODR platform, which can be used for out-of-court resolution of disputes related to purchases and contracts via internet. The European Commission provides the ODR platform and it is available at http://ec.europa.eu/consumers/odr/.

Our merchant contact information:

Quinke Networks GmbH
Bei den Mühren 70
20457 Hamburg, Germany

info@games-career.com
www.games-career.com

The online dispute resolution is only meant for consumers and not for companies.

14. Miscellaneous

14.1 Legal venue and place of performance is the city of Hamburg.

14.2 Subsidiary agreements, alterations and amendments must be in written form to be valid; this especially also applies to the cancellation of this provision.

14.3 Invalidity of any of the foregoing clauses shall in no way affect the validity of the others. The defective clause shall thereupon be consensually replaced with one which most effectively reflects the invalid stipulation in terms of its economic purpose and intent.

Copyright Quinke Networks, 27 April 2016 – All rights reserved
Top Employer