Terms of Service
Terms of Service consolevariations.com
Welcome! Consolevariations.com is an informational website about video game consoles & games, consisting of a database, community features, ads and news. Our goal is to database every video game console that ever existed.
A. General information
I. Consolevariations.com. is an online platform of consolevariations OÜ, Sepapaja 6, 15551 Tallinn, Estonia (hereinafter referred to as "CV"). We provide an online platform with various functions, tools and services in order to give users the opportunity to database, display and share their console collection and, if wanted, to buy consoles and related articles from third-party providers.
Users are all natural or legal persons who database, contribute content, display and/or share their collection on our online platform.
After registration, the user has access to the full range of features provided by our online platform such as creating his own collection, wish list, gameroom, follow other users, gain achievements, receive notifications, add variations & images, comment, view statistics, access settings, rating system & more, with many in-depth features.
II. These general terms of service and their conditions apply directly between the user (natural or legal person) and CV. By registering as a user with CV, you enter a user agreement with CV about the platform.
III. Each user assures that all data provided to us and transmitted through registration is correct and true. Any changes to the data must be reported to CV immediately. The user profile of the respective user must be corrected immediately. This can be done by using the built in platform features to change information or by contacting us at above email address.
IV. CV reserves the right to change the general terms of service at any time. The user will be instructed about any changes of the general terms of service with reasonable advance notice. If the new terms of service are not accepted, CV will block the user's account and delete it after one month. Changes will be communicated to the user in electronic form using their provided email address.
V. Should the user violate the general terms of service agreed with him, CV reserves the right to penalize the breach of duty with an exclusion from the online platform and to terminate the user agreement.
VI. CV does not accept any discriminatory actions (in particular with regard to race, ethnicity, religion, nationality, disabilities, gender, gender identity or sexual orientation), harassment or violence. We will not be held liable for any violation according to A. Section V.
B. CV is a database
I. CV is a database & news platform with an integrated user community. CV is not a user or merchant.
CV allows registered and logged-in users to use platform features (see A. I.) and also indicate if they are interested in any console or not console related items. CV enables users and third parties to enter into contracts with third parties via affiliate links and advertisements, to communicate with each other and/or to enter into other transactions and/or contracts.
Since CV is only a database, it is not a contracting party between the user and the third party.
II. The user further acknowledges and agrees to comply with all applicable laws, rules and regulations, including without limitation any laws, regulations, orders or other requirements related to taxes, credit cards, data security, data and privacy, approvals, licensing requirements, local authority requirements, and compliance with all applicable anti-discrimination laws.
We point out that although we are not a party to the contract between the user and the third party and assume no liability in this respect, circumstances may arise which require us to provide information to the authorities.
C. Registration, Closing of Contracts and Access
I. Users are obliged to provide all necessary information truthfully during the registration process.
II. The registration by the user represents an offer to conclude a contract for the use of CV. CV verifies and checks the offer and the person behind it and decides at its own discretion whether the submitted offer is accepted or rejected upon conclusion of a contract.
III. After CV has accepted the offer, the user is obliged to ensure that unauthorized third parties cannot use CV.
D. Performance of CV
I. CV offers a website where the user can create his own collection, wish list, gameroom, follow other users, gain achievements, receive notifications, add variations & images, comment, view statistics, access settings, rating system & more, with many in-depth features.
II. The user can independently post and share collections, create a wish list or rate variations.
III. CV is available on average 96% per year, with maintenance and installation work, updates and patches limiting accessibility.
E. Granting of rights
I. The user guarantees and grants CV the unlimited right to logos and images of published objects such as consoles, controllers, accessories, prototypes, kiosks and games. This includes all image material uploaded to CV.
II. CV is entitled to use the logos and image material provided free of charge for its own purposes, in particular to use and utilize them on all communication channels of CV.
III. CV is entitled to pass on the logos and image material to third parties free of charge so that they may also be active in advertising.
IV. The user grants all necessary rights regarding I, II and III CV. The legal granting also includes the right of an independent treatment and adjustment of the uploaded material, for all possible formats.
V. The user guarantees that any material is legally compliant and that he is fully authorized to grant the aforementioned rights.
VI. The user guarantees that in the event of any claims by third parties, CV shall be indemnified and that the user shall take action against these claims himself.
Furthermore, CV is entitled to independently remove unlawful material, in particular so far as the rights of third parties are violated, and to charge the user for this under certain or given circumstances.
VII. CV grants the user the right to use image material from CV privately. Commercial use is not permitted unless permission was given by CV prior to any publication with a commercial background. You can contact us anytime to discuss your commercial project at: [email protected]
F. Use of data
The security of the personal data generated by users is to be protected and guarded by the parties.
I. CV is not liable for events (faults or damage of any kind whatsoever) caused outside CV's sphere of influence. This exclusion does not apply if CV acts intentionally or with gross negligence.
IV. CV shall otherwise not be liable for damages caused by CV due to simple negligence. This does not apply if life, physical harm or health or essential contractual obligations are violated due to simple negligence. In the event of a breach of essential contractual obligations based solely on simple negligence, CV's liability shall be limited to compensation for the foreseeable damage typical of the contract. Essential contractual obligations are all obligations the fulfilment of which is essential for the proper performance of the contract.
If you do not agree to the terms and conditions, CV may not be used by you. The terms and conditions can still be changed individually by additional written declarations - accepted by CV.
II. The company is based in Talinn, Estonia. The place of jurisdiction is Munich, Germany.
III. The law of the Federal Republic of Germany shall apply. All special agreements must be made in writing.
IV. Oral collateral agreements do not exist. Amendments or supplements to the contract must be made in writing. This also applies to an amendment of the text form requirement itself.
V. Should individual clauses of the contract be invalid in whole or in part, this shall not affect the validity of the remaining clauses of the contract. The invalid clause shall then be replaced by a clause that comes as close as possible to the economic purpose of the invalid clause; if this is not possible, the law shall apply.