TERMS OF USE
TERMS OF USE FOR GERMANRACERS
1. Operator and scope
1.1 Operator
GermanRacers is a privately operated and generally free-of-charge sim racing project.
The operator is:
“GermanRacers” or “GR” refers below to the project offered by the operator and the services and features provided through it.
GermanRacers is currently neither operated as an association nor as a company or other independent legal entity. The responsible operator and contractual partner is therefore the natural person named above.
1.2 Scope
These terms of use apply to the use of GermanRacers and the features provided through it.
These include in particular:
- the GermanRacers platform,
- user accounts,
- the ACC server provided by GermanRacers,
- public and internal forum areas,
- team and racing stable areas,
- download areas,
- results, rankings and statistics, as well as other functions directly connected with GermanRacers.
Supplementary terms and rules may apply to individual events or features.
2. Subject matter of GermanRacers
2.1 Purpose
GermanRacers serves to connect independent sim racing stables and drivers and to jointly conduct and organise sim racing activities.
Participating stables generally retain their own identity, organisation and community.
2.2 Free of charge
Use of the services provided by GermanRacers is generally free of charge unless expressly stated otherwise for a specific service.
The fact that a feature has previously been provided free of charge does not create any entitlement to its permanent or unchanged availability.
2.3 Scope of the offering
GermanRacers decides on the nature and scope of the features offered within the framework of statutory and contractual requirements.
Features may in particular be further developed, changed, restricted or discontinued for technical, organisational or security-related reasons.
Mandatory statutory rights of users remain unaffected.
3. Registration and user account
3.1 Registration
Certain features of GermanRacers may require the creation of a user account.
When registering, the information required must be provided completely and accurately.
3.2 Personal account
A user account is generally assigned personally to the registered person.
Sharing an account or using someone else’s account is not permitted.
3.3 Access credentials
Users are obliged to protect their access credentials appropriately against access by unauthorised third parties.
If there is suspicion that an account is being used by an unauthorised person, GermanRacers should be informed without delay.
3.4 Multiple accounts
Multiple accounts must not in particular be used to:
- circumvent bans or other restrictions,
- manipulate results or statistics,
- obtain GR Coins or other benefits more than once, or
- gain any other unfair advantage.
4. Racing stables and team membership
4.1 Independence of racing stables
The racing stables represented on GermanRacers remain independent communities.
A stable’s participation in GermanRacers does not in principle establish any partnership, power of representation, employment or other legal relationship between GermanRacers and the respective stable.
4.2 Internal organisation
The respective stable is generally responsible for its own internal organisation.
GermanRacers does not in principle assume moderation of purely internal decisions, disagreements or disputes within a stable.
4.3 Team areas
GermanRacers may provide stables with their own areas.
These may in particular include:
- forum areas,
- download areas, and
- team or practice servers.
Providing this technical infrastructure does not mean that GermanRacers adopts as its own the statements, content or decisions published there by stables or their members.
Statutory obligations and intervention powers of GermanRacers remain unaffected.
5. ACC server and sim racing infrastructure
5.1 Provision
Within the project, GermanRacers provides ACC servers in particular for joint sim racing activities.
Provision is generally free of charge.
5.2 Availability
There is no entitlement to uninterrupted or error-free availability of a specific server at all times unless expressly agreed otherwise or mandatory statutory provisions apply.
Maintenance, technical faults, necessary updates, security measures and other technical or organisational circumstances may lead to restrictions or interruptions.
5.3 Server slots and priority access
Where members or stables are granted server slots, reserved places or other priority access rights, these exist only within the framework of the applicable membership and GermanRacers rules.
There is no entitlement to permanent provision of a specific server slot.
6. GermanRacers rulebook
6.1 Applicability of the rulebook
In addition to these terms of use, the currently published GermanRacers community, platform & racing rulebook applies.
The rulebook contains in particular provisions on:
- behaviour within the community,
- fair play and on-track conduct,
- events,
- racing stables and team areas,
- user content and downloads, and
- rule violations and possible sanctions.
6.2 Relationship to these terms of use
These terms of use govern the legal basis for using GermanRacers.
The GermanRacers rulebook specifies in particular behavioural and fair play requirements within the community and racing operations.
7. User content
7.1 User responsibility
Users are responsible for content they post, upload, publish or distribute.
In particular, no content may be provided via GermanRacers whose publication or distribution is unlawful or infringes third-party rights.
7.2 Required rights
Anyone who provides posts, images, videos, files, downloads or other content via GermanRacers must have the necessary rights and permissions.
This applies in particular to copyrights, usage rights, trademark rights, personality rights and other third-party rights.
7.3 Usage rights required for platform operation
Where a user provides their own content via GermanRacers, they grant the operator the technically necessary non-exclusive usage rights for the duration and scope of the respective provision required to store, process and make the content accessible to other authorised users in accordance with the function chosen by the user.
Where content is made public by the user, this also includes the technically necessary permission to make the content publicly accessible via GermanRacers in accordance with the chosen function.
The grant of rights is limited exclusively to the scope required to provide and operate the GermanRacers function chosen by the user.
The user otherwise retains their rights in their content.
7.4 Deletion by the user
Where the respective function allows it, users may remove their own content.
Statutory rights and obligations as well as necessary temporary backups or retentions remain unaffected.
8. Downloads
8.1 Provision of files
Users and stables may provide files only if they are authorised to do so.
In particular, copyrighted or other third-party content must not be uploaded or distributed without the required permission.
8.2 Uploader responsibility
The person providing a file is responsible for ensuring that its provision and distribution are lawful.
8.3 Use of downloads
Files provided by other users or stables are generally downloaded and used at the user’s own responsibility.
GermanRacers does not guarantee that user-provided files are suitable for a particular purpose, error-free or compatible with specific hardware or software configurations.
Mandatory statutory liability claims remain unaffected.
9. Moderation and unlawful content
9.1 Moderation
GermanRacers may moderate user content on the basis of these terms of use, the GermanRacers rulebook and applicable statutory provisions.
This may in particular include:
- restricting visibility,
- temporary blocking,
- removal of content,
- restricting individual account functions,
- temporary account suspension, and
- permanent account suspension or exclusion.
Such measures are taken carefully, objectively and proportionately with regard to the individual case.
9.2 Reporting procedure
GermanRacers provides an electronic and easily accessible reporting channel through which allegedly unlawful content can be reported.
The reporting procedure should in particular allow:
- a statement of the alleged unlawfulness,
- the most precise electronic location of the content concerned,
- the reporter’s required contact details, and
- the statutory declaration on the accuracy of the information and acting in good faith.
Reports are processed promptly, carefully, objectively and not arbitrarily within the framework of statutory requirements.
9.3 Measures regarding unlawful content
Where GermanRacers becomes aware of unlawful content or of facts or circumstances from which unlawfulness arises, the necessary and appropriate measures are reviewed and taken within the framework of statutory requirements.
These may in particular include removal of content or blocking of access.
9.4 Reasons for decisions
Where required by law, GermanRacers informs the affected user of a restriction imposed on their content, account or use of the service and provides the relevant reasons as well as available complaint or legal remedy options.
9.5 No general monitoring obligation
GermanRacers does not conduct general preventive monitoring of all content posted or stored by users.
Statutory obligations to act upon becoming aware of content and other statutory obligations remain unaffected.
10. Contact points and authorities
10.1 Contact option for users
GermanRacers provides an electronic contact option through which users can communicate with the operator directly, quickly and in a user-friendly manner.
Communication is not exclusively through automated systems.
10.2 Authority contact
GermanRacers provides the legally required electronic contact options for competent authorities and bodies and keeps the required contact details up to date.
10.3 Legal orders
Legally binding orders from competent authorities or courts regarding unlawful content or statutorily required user information are processed within the framework of applicable legal provisions.
10.4 Serious suspected criminal offences
Where available information gives rise to a legally relevant suspicion of a criminal offence posing a danger to a person’s life or safety, GermanRacers fulfils the applicable statutory reporting and information obligations towards the competent authorities.
11. Results, statistics and other data
11.1 Technical recording
GermanRacers may record and display results, rankings, statistics and other game- or race-related data in connection with sim racing operations.
11.2 Technical errors
Despite reasonable care, technical errors, transmission errors or incorrect data cannot be completely ruled out.
Clearly incorrect results, statistics or other technically incorrectly recorded data may be corrected.
11.3 Sporting decisions
Sporting decisions, rankings and sanctions are additionally governed by the GermanRacers rulebook and, where applicable, by the provisions published for a specific event.
12. GR Coins and virtual features
12.1 GR Coins
Where GermanRacers provides so-called GR Coins or comparable virtual points, these constitute a virtual feature used exclusively within GermanRacers.
12.2 No monetary value
Unless expressly stated otherwise, GR Coins have no real monetary value.
They cannot be paid out in money or exchanged with GermanRacers for legal tender.
12.3 Manipulation
Manipulation of the GR Coin system and abusive acquisition of virtual benefits is prohibited.
Balances clearly arising from technical errors or manipulation may be corrected.
13. Changes and further development
GermanRacers may further develop project features and adapt them to technical, organisational or legal requirements.
Material changes affecting the existing user relationship will be communicated to users within the framework of statutory requirements.
Changes to these terms of use are made only in compliance with the applicable statutory requirements.
Mandatory rights of users remain unaffected.
14. Termination of use
14.1 Termination by the user
Use of or membership in GermanRacers is voluntary.
Users may end their participation in GermanRacers.
14.2 Consequences of termination
Upon termination of membership or the corresponding right of use, the associated benefits and rights end.
These may in particular include:
- the right to use the GR tag,
- use of the GermanRacers library,
- priority access to GermanRacers servers, and
- reserved server slots.
14.3 Suspension by GermanRacers
In the event of violations of these terms of use, the GermanRacers rulebook or applicable law, appropriate restrictions or suspensions may be imposed depending on the nature and severity of the violation.
In the case of serious violations, suspension or exclusion may occur without prior warning where legally permissible and appropriate.
14.4 Data after termination
After an account is terminated, the associated data and content may be deleted where further processing is not required or is legally permissible.
Immediate complete deletion of all data is not guaranteed.
Statutory retention obligations, necessary preservation of evidence and processing for the assertion, exercise or defence of legal claims remain unaffected.
Details on the processing of personal data are set out in the privacy policy.
15. Liability and availability
15.1 General liability
GermanRacers or the operator is liable under statutory provisions for damage caused intentionally or through gross negligence by the operator or its vicarious agents.
Liability for damage arising from injury to life, body or health and liability under other mandatory statutory provisions remain unaffected.
To the extent permitted by law, liability for damage caused by slight negligence is excluded.
This does not apply to breach of essential obligations whose fulfilment enables proper use of the agreed services in the first place and on whose compliance users may regularly rely.
In such cases, liability for slight negligence is limited to foreseeable damage typical for the respective use.
15.2 Technical availability
GermanRacers does not guarantee uninterrupted or error-free availability of the platform, ACC server or individual features at all times.
This applies in particular to outages due to maintenance, technical faults, updates, security measures or circumstances outside the operator’s control.
Mandatory statutory claims remain unaffected.
15.3 Third-party user content
Posts, files, downloads and other content provided by users or stables are generally the responsibility of the respective user or stable.
The operator’s responsibility for third-party content is governed by applicable statutory provisions.
Statutory obligations to process reports and to block or remove unlawful content remain unaffected.
16. Data protection
Personal data is processed in accordance with applicable data protection law.
Further information on the nature, scope, purposes and legal bases of data processing as well as the rights of data subjects is set out in the separate GermanRacers privacy policy.
17. Final provisions
17.1 Applicable law
The law of the Federal Republic of Germany applies, subject to mandatory statutory provisions and mandatory consumer protection rules.
17.2 Invalid provisions
Should any provision of these terms of use be wholly or partly invalid or unenforceable, the remaining provisions remain in principle unaffected.
Invalid provisions are replaced by the applicable statutory rules.
17.3 Contact
Questions regarding these terms of use may be sent to the following contact address: