"BanThemAll" - Terms of Use

Last updated: March 25, 2021

1. Scope of Application

1.1. The present terms of use apply to all user agreements between the user and the owner of the platform "BanThemAll" (hereinafter: "Platform"), namely Scrimber IT-Service GmbH, Lugeck 7, 1010 Vienna (hereinafter "BTA"). The platform is operated under the domain "www.banthemall.com".

1.2. If the user creates an account on the platform (= registration), he consents to the terms of use. Before giving consent, the user has the possibility to read the terms of use via a link. No agreements other than these terms of use have been made. The platform's services cannot be used without prior consent to the terms of use.

2. Registration

2.1. Registration on the platform is free. There is no legal entitlement to registration. BTA can refuse registration at any time and without giving reasons. The multiple creation of user accounts for the same user is not permitted.

2.2. When registering, the user has to enter the following data: e-mail address, a username of his choice, a password of his choice, country of origin, certain information on gaming behavior (e.g. which video games he plays).

2.3. After submitting the registration form, the user automatically receives an e-mail to the e-mail address entered, confirming the registration process.

3. How the platform works

3.1. The purpose of the platform is to combat unfair gaming behavior in computer games in the best possible way (hereinafter also referred to as "cheating"). To this end, the user has the possibility to upload video material from computer games if he believes that a certain player visible in the video could be a "cheater".

3.2. The uploaded videos are suggested to other users for watching. The suggestions are made by an algorithm. After the respective user has watched the video, he has the possibility to vote on whether the player shown in the video is, in his opinion, a "cheater" or not. After the vote, the respective user will see the provisional voting result in %. Furthermore, users have the possibility to discuss about the respective video (chat function). If the user is not sure whether the player shown is a "cheater" or not, he can skip the video.

3.3. If the video has been watched by a sufficient number of users, and a clear majority (at the discretion of BTA) is of the opinion that the player visible in the video is a "cheater", the video in question will be transmitted to the game developer (reporting) so that the developer can take measures against the "cheater" (e.g. exclusion from the game for a limited or unlimited period).

3.4. The user is not entitled to any remuneration from BTA for their activities on the platform (uploading, rating and commenting on videos, etc.).

4. Conditions for uploading videos

4.1. The user is aware of the fact, that not only the program code, but also the video recorded during a game play is protected by copyright law. Therefore, at the time of uploading a video on the platform, the user guarantees that he

  1. either has obtained the consent of the respective game developer (hereinafter: "rights holder") for the specific purpose. For reasons of evidence consent must be obtained in writing, by email or in any other electronic form;
  2. or there is a video policy of the rights holder that allows the distribution of gaming videos for specific purposes. A video policy is a unilateral, general declaration by the rights holder not to raise any objection to the distribution of videos of the computer game for certain purposes, although this declaration is generally freely revocable. The specific distribution purpose, namely uploading the video on a public platform to combat "cheating" without commercial benefit for the player or the platform (except advertisement next to the video) must be covered by the respective video policy.

4.2. At the time of uploading a video on the platform, the user further guarantees that (he)

  1. the video complies with the purpose of the platform
  2. has not uploaded the video on the platform before
  3. did not change the video in such a way that the viewer could get an incorrect impression of the video (e.g. simulating cheating scenes)
  4. did not change the game graphics by editing the video (uploading completely without sound or with background voice is permitted)
  5. is not responsible for any unfair gaming behavior in the video in question
  6. did not make use of program extensions in the video in question that influence the game graphics or the game sound, unless these are official extensions by the developer (no inofficial "mods")

4.3. . If rights holders have claims against BTA because of uploaded videos in violation with point 4.1. (= no consent and no video policy), the user will fully compensate the claims of the rights holder against BTA (i.e. damage including interests and costs). If BTA is requested by a rights holder to remove a specific video from the platform due to lack of consent or compliance with the provisions of his video policy, BTA will remove the video immediately.

5. General provisions for behavior on the platform

When using the platform, the user is obliged

  1. not to rate a video if he is unsure whether the player shown in the video is a "cheater" or not. In this case, the user has to skip the video.
  2. not to make any automated entries (e.g. no bots that "click through" the suggested videos)
  3. not to use scrapers, crawlers, spiders or other methods to automatically and/or massively collect data of any kind on the platform
  4. to use appropriate language (typical computer game jargon is permitted) and not to insult, threaten or harass other users
  5. not to link to any sites that advertise "cheating" and not to give instructions on how to use "cheating" software for a specific computer game
  6. not to upload any harmful content (viruses, worms, etc.) or to lure other users to pages with such content
  7. not to record suggested videos.

6. Limitation of Liability

6.1. BTA does not guarantee that the platform will always be accessible. The user will not have any kind of claims against BTA due to a restricted usability of the platform. This also applies if BTA blocks a user's access to the platform temporarily or permanently due to a termination of the user agreement.

6.2. In addition, BTA is only liable for financial damages if these were caused at least through gross negligence caused by BTA.

6.3. The statute of limitations for any claims by users against BTA is one year from knowledge of the facts giving rise to the claim (knowledge-dependent period, e.g. one year after knowledge of the damage and the damaging party). Claims are in any case statute-barred within three years from the objective occurrence of the facts giving rise to the claim (period independent of knowledge, e.g. three years from occurrence of the damage).

7. Intellectual property rights

7.1. BTA reserves all rights to the intellectual property content created by BTA itself (logos, advertising videos, etc.). The user is aware that the platform also contains content from third parties that is protected by intellectual property law and that BTA has no influence on the conditions allowing the usage of such a content.

7.2. If the user uploads content and he is the right holder of this content, the user grants BTA a free and unlimited license for the usage of this content. The license can also exceed the duration of the user agreement and can only be revoked by the user for important reasons.

8. Termination of the license agreement

8.1. The user can terminate the user agreement at any time by deleting his user account.

8.2. BTA can terminate the user agreement with a notice period of two weeks without any reason. In addition, BTA can terminate the user agreement for important reasons without observing any notice period. A repeated violation of the provisions of points 4.1., 4.2. and 5. is in any case an important reason. A single violation of the terms of use can also be an important reason if the continuation of the user agreement is unacceptable.

8.3. The termination of a user agreement is made by email. If there is an important reason, BTA can immediately block the user's access to the platform even before the termination is declared.

8.4. If the user agreement is terminated, the user has no right against BTA to have the videos removed from the platform.

9. Final provisions

9.1. The user agreement shall exclusively be governed by Austrian Law, excluding conflict of law and UN sales law.

9.2. If a certain provision of these terms of use is invalid, this shall not not affect the validity of the other provisions.

9.3. The exclusive place of jurisdiction for all disputes arising from this user agreement is the competent court responsible for the first district (Innere Stadt) of Vienna, provided that a mandatory provision does not conflict with such an agreement of jurisdiction.

Gender-specific formulations apply to all genders.