Special Terms and Condition of Use of GIANTS Software GmbH in relation to the use and creation or provision of User Generated Content (MODS)

§ 1 Scope in amendment of the General Terms and Conditions of Use

1.1 GIANTS Software GmbH, Rütistrasse 18, 8952 Zürich-Schlieren, Switzerland (hereinafter “GIANTS”), offers the customer (hereinafter “Customer”) the option to create its own games level, maps and scenarios and other content (“User Generated Content” or “Mods”) through the GIANTS Editor and to use them within the framework of games and/or online services developed by GIANTS. In this case, the following rules in amendment to the General Terms and Conditions of Use of GIANTS may be applied with regard to the GIANTS services on the website “www.farming-simulator.com” (hereinafter “Website”).

1.2 These Terms and Conditions of Use apply to any use of the User Generated Content or Mods by the user via the Website. The user shall confirm the inclusion and application of the Special Terms and Conditions of Use before using the respective Mod, by either downloading third-party Mods or uploading and therefore providing its own Mods.

1.3 Deviating Customer Terms and Conditions, as well as amendments and additions to these Terms and Conditions of Use shall only be valid insofar as they are acknowledged in writing by GIANTS.

1.4 GIANTS is entitled to make changes to these Special Terms and Conditions of Use with future effect. GIANTS will only implement these changes for compelling cause, in particular due to new technical developments, expansion of the GIANTS services, amendments to legislation or case law, or for other equivalent cause. The new Terms and Conditions of Use are published on the website, and accepted by the Customers when using the Mods in each case.

§ 2 Subject matter of the Contract; user rights to the multimedia program; duty to inform

2.1 GIANTS shall provide Customers with GIANTS SDK, either via the “gdn.giants-software.com” website or bundled with the games, as a free download for the creation of the Customer’s own User Generated Content, and the use thereof within the scope of games and/or online services. The Customer shall therefore receive access to various tools. The Customer can use these to create and share its own content (“User Generated Content”, “Mods”). The GIANTS Editor and the tools included therein may only be used if the Customer has legally acquired a game from GIANTS beforehand, and has downloaded this to his end device (e.g. computer, console, smartphone etc., hereinafter known as “End Device”).

2.2 User rights to the GIANTS Editor are granted to the Customer by GIANTS free of charge and for the sole personal use of the Customer.

2.3 Mods created and uploaded by the Customers may only be made available to third parties free-of-charge and not for gain. Commercial use or use in return for payment is not permitted. It is prohibited to sell or otherwise exploit Mods commercially without the consent of GIANTS (including the placement of ads in Mods or within the context of the distribution of Mods), including the sale or distribution of apps which contain Mods, as well as the sale of physical data carriers or downloading of Mods.

2.4 It is prohibited to supply Mods within the scope of apps, either via the Apple App Store or Google Play Store.

2.5 Customers must include the note “Mod for Farming Simulator 17” in the Mod text, and display this text in relation to the distribution of the Mods.

2.6 It is prohibited to distribute Mods in such a manner which could give rise to the assumption that GIANTS is the creator of the Mod, or that the Mod is a standalone game or app, in particular that the Mod is a part of the Farming Simulator series.

2.7 The Customer itself is responsible for the content and distribution of the Mods. Consequently, GIANTS shall be in no respect responsible or liable in relation to changes in the quality of the multimedia program, or changes to or loss of User Generated Content, or breaches of the intellectual property rights of third parties, at the time of the creation, use or distribution of the Mod.

2.8 Customers may not use Mods within the scope of programs other than the games, and irrespective of how the Mods are created, extracted or isolated. Furthermore, the Customer shall be obliged not to take parts from the games.

§ 3 User Generated Content or MODS license

3.1 If the Customer creates User Generated Content for the games, he retains the rights to the content that he has generated. The Customer grants GIANTS the right to use the User Generated Content created by the Customer.

3.2 The Customer warrants that, at the time of the creation, use or distribution of the Mods, he is the holder of the user rights to the User Generated Content created by the Customer. Furthermore, the Customer warrants that the User Generated Content created by the Customer does not infringe any copyright or other third-party rights.

3.3 If the Customer creates, disseminates, exchanges, sends, transfers, publishes or uploads any User Generated Content for the games, it shall automatically grant the user rights described below to GIANTS, without the need for GIANTS to obtain permission or pay for the User Generated Content:

  • Through the dissemination, exchange, sending, transfer, publication, uploading or public disclosure of the User Generated Content online, the Customer shall grant GIANTS the global, free-of-charge, non-time-limited, irrevocable, non-exclusive and fully sub-licensable right to copy, distribute, publish, modify, translate, archive and store the User Generated Content generated by the user and to create edits of it in any form and format and in currently available and hereafter developed media. The Customer shall waive any moral rights which it holds to the User Generated Content generated by the customer.
  • Through the distribution, exchange, sending, transfer, publication and uploading of the User Generated Content generated by the Customer, the Customer shall otherwise acknowledge that other users may use the generated User Generated Content. GIANTS shall not be liable for the actions of other users which may infringe rights to the generated User Generated Content. In the case of disputes with other users, the Customer himself shall be responsible for contacting the affected users asserting any claims.
  • The Customer shall grant GIANTS a free-of-charge user license for all online User Generated Content which he creates or shares during his use of GIANTS Editor and/or the online service, on an open-ended basis, in perpetuity, irrevocably, without restriction or limitation, for all currently available or hereafter designed devices, formats or forms, which can be granted, transferred, leased, published, or publicly and globally displayed for all objects or devices in the form of a license. This license shall primarily cover the rights to copy, alter, reproduce in part or in full, modify, develop, translate, use for any User Generated Content, incorporate into other works, exclude in part or in full from elements and/or the addition of elements, and the deletion, publication, distribution, sale or commercialization thereof.

§ 4 Liability for User Generated Content or Mods

4.1 The Customer warrants that, at the time of the creation, use or distribution of the Mods, he is the holder of the usage rights to the User Generated Content created by the Customer.

4.2 The Customer hereby declares and agrees that he is fully liable for the User Generated Content and that GIANTS cannot be held responsible for the latter. The Customer shall himself be directly liable to the third party in respect of any breach of third-party rights for which the Customer is responsible.The Customer shall be obliged to compensate GIANTS for all losses incurred that are due to the culpable disregard of the obligations arising from these Special Terms and Conditions of Use.

4.3 The Customer shall be solely responsible for comments, opinions or remarks which are expressed in User Generated Content; opinions of this type do not represent the opinion of GIANTS. GIANTS cannot be held responsible for comments, opinions or remarks which are expressed in User Generated Content, and any liability on the part of GIANTS is excluded in this regard.

4.4 GIANTS shall not warrant in any way, or make any statement with regard to the accuracy, currency or validity of the information or elements in the User Generated Content or in the online service, and cannot be held responsible for losses or damage which is caused by the use of these elements.

§ 5 Indemnity against third-party claims

The Customer shall indemnify GIANTS from all claims which are asserted by other Customers or other third parties with regard to GIANTS on grounds of an infringement of its rights due to content or User Generated Content uploaded by the Customer, or due to the breach of other obligations. The Customer shall also bear the costs of any necessary legal defense by GIANTS, including all court costs and lawyers’ fees. This shall not apply if the Customer is not responsible for the infringement.

§ 6 Control of and right to delete User Generated Content or Mods

6.1 GIANTS shall be entitled but not obliged to implement controls of an appropriate type or to conduct an analysis of User Generated Content.

6.2 GIANTS shall reserve the right to delete, restrict, suspend or change the account of the Customer and its User Generated Content (as well as the option of sharing User Generated Content online or creating it), if the use of the account and/or User Generated Content does not comply with these Special Terms and Conditions of Use.

§ 7 Use of third-party sites

If created User Generated Content is distributed or can be linked to other websites and/or third-party online services (“the Third-Party Sites”), the Customer shall be obliged to comply with the Terms and Conditions of Use of the Third-Party Sites in question. GIANTS is not responsible for their content. The Customer shall be responsible for ensuring that it complies with the Terms and Conditions of Use of the Third-Party Sites. The Customer commits to GIANTS that he will assume liability with regard to a possible breach of the Terms and Conditions of Use of the Third-Party Site in question, and with regard to all indirect or direct losses which may arise.

§ 8 General provisions

8.1 Amendments or additions to these Special Terms and Conditions of Use – including this written form clause – must be effected in writing.

8.2 Furthermore, the provisions of the General Terms and Conditions of Use of the GIANTS games via the website shall apply.

Issued: October 2016
Copyright GIANTS Software GmbH – all rights reserved

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