General Terms and Conditions (Terms)

1. Provider, platform and scope

These General Terms and Conditions apply to the use of the platform bspmarket.de, to user accounts, product pages, upload, review, purchase, download, rating, reporting and support functions, and to all contracts on digital content, digital services and other services offered via bspmarket.de.

The operator and contracting party for purchases via bspmarket.de is, unless expressly stated otherwise:

“bspmarket.de” is the name of the platform. The platform is aimed in particular at users, server operators and creators in the Garry's Mod or Source Engine/BSP map environment. bspmarket.de is not affiliated with Valve, Steam or Facepunch Studios unless expressly indicated.

Deviating terms of users, buyers or creators only apply if we have expressly agreed to their validity in text form. Individual agreements take precedence over these Terms.

2. Definitions

• Users are all persons who visit the platform or use platform functions.
• Buyers are users who obtain paid or free digital content.
• Creators are users who, after approval by us, submit their own digital content for publication, free download or sale.
• Digital content means in particular BSP files, map files, accompanying files, preview images, descriptions, metadata, configuration files, evidence files, documentation and other digital components of a product.
• Product is a package listed on the platform consisting of digital content and associated usage rights.
• Protection functions are technical functions such as fingerprinting, buyer fingerprinting, licence/download evidence, obfuscation, map scanner, review logs, hashes and forensic evidence systems.

3. User account, Discord login and Steam link

A user account may be required for purchases, downloads, creator functions, ratings, reports and certain protection or scanner functions. Registration currently takes place via Discord OAuth. An additional Steam link may be offered voluntarily, in particular for licence assignment, creator verification, profile display, map review, account protection or abuse prevention.

Users must keep the information provided during registration and use truthful, protect their access credentials and must not pass user accounts to third parties. Actions taken via a user account are generally attributed to the account holder where the holder is responsible for the misuse.

Use of the platform is only permitted where it does not violate applicable law, third-party rights, these Terms, the creator terms or other platform rules. We may temporarily restrict, block or delete accounts where there are concrete indications of misuse, legal violations, payment fraud, circumvention of technical protection measures, unauthorised redistribution of digital content or other significant breaches of duty. Statutory rights remain unaffected.

4. Conclusion of contract for paid digital content

The presentation of products on bspmarket.de does not constitute a legally binding offer but an invitation to place an order. The buyer makes a binding offer by completing the ordering process and initiating payment. We may accept this offer by payment confirmation, order confirmation, unlocking the download or providing the digital content.

For paid products, provision generally takes place after successful payment confirmation. For free products, the usage contract is concluded upon unlocking or the start of the download.

The contract text is not necessarily fully stored by us. Buyers receive the essential order information in the account, via order/payment confirmation or in the download area. The legal texts available at the relevant time can be stored or printed from the platform.

5. Prices, taxes, payment and invoices

The prices displayed at the time of the order apply. Towards consumers, final prices including the applicable statutory VAT are shown where VAT is incurred. Towards businesses, prices may additionally be shown net.

Payments are processed via the payment service providers offered, in particular via Stripe Checkout. The available payment methods may vary depending on country, amount, risk review and payment service provider. Card data and comparable payment data are not stored by bspmarket.de itself but processed by the payment service provider.

A claim to unlocking only exists after successful payment confirmation. In the event of chargebacks, direct debit returns, payment disruptions or suspected fraud, downloads, licences, payouts, creator accounts or buyer accounts may be restricted until clarification.

6. Provision, downloads and availability

Digital content is provided via the account, a download area or a time- or technically-limited download link. Digital content is deemed provided as soon as the download or access to the download is available to the buyer.

We strive for reliable availability of the platform. Uninterrupted accessibility is, however, not guaranteed. Maintenance, security measures, updates, attacks, third-party disruptions, force majeure or technical problems may limit accessibility.

Downloads may be temporarily or permanently blocked for security, legal, licence, abuse, payment or review reasons, in particular where there are concrete indications of legal violations, malware, impermissible content, manipulation, unauthorised redistribution or payment fraud.

7. Usage rights for buyers

Unless stated otherwise on the product page, after full payment the buyer receives a simple, non-exclusive, non-transferable, temporally unlimited right to use the acquired digital content for their own private or their own server/community projects in the Garry's Mod/Source Engine context.

Permitted in particular is installing, storing, backing up and using the map on servers owned or administered by the buyer, as well as making technically necessary backup copies. Any further commercial use, editing, making publicly accessible, redistribution or sub-licensing is only permitted where the product page expressly allows it or we consent in writing.

Without express permission, the following are in particular prohibited:

• resale, reupload, public download, exchange or other passing on to third parties,
• removing, circumventing, manipulating or obscuring licence, fingerprint, protection, evidence or copyright notices,
• decompiling, extracting, copying or reusing individual components outside the permitted use, unless mandatorily permitted by law,
• use in illegal, fraudulent, extremist, youth-endangering or otherwise impermissible contexts,
• claiming one's own authorship of third-party content.

Mandatory statutory limitations of copyright remain unaffected. For open source, Creative Commons or other third-party content, different licence terms may apply, which may be stated on the product page or in the product files.

8. Product descriptions, compatibility and third-party software

Product descriptions, screenshots, videos, tags, compatibility information and function notes are based on the information of the respective creator and our review within the scope of platform operation. They describe the contractually expectable scope of services insofar as they are recognisably binding.

Maps and assets may depend on external factors such as Garry's Mod, Source Engine, Steam Workshop, server addons, game updates, operating systems, server configurations, embedded assets or third-party software. Unless expressly assured, we do not guarantee that a product remains permanently compatible with every future game, addon, server or engine version.

Buyers are responsible for checking the product description, system/addon requirements, licence notes and compatibility information before purchase.

9. Protection functions, fingerprints, obfuscation and map scanner

bspmarket.de may use or offer technical protection and evidence functions. These include in particular platform-side fingerprints, buyer fingerprints, creator fingerprints, file hashes, licence evidence, server-side review logs, obfuscation, map scanner and forensic evidence data.

Protection functions serve licence assignment, securing evidence in the event of unauthorised redistribution, detecting manipulation, account and creator security, fraud prevention and protection of digital content. They do not constitute insurmountable copy protection and no guarantee against every form of misuse.

Depending on the product and creator setting, a delivered file may be provided with a secret, non-publicly visible buyer fingerprint. In the event of a dispute, this can help assign a file to a specific licence or order. Buyers must not remove, manipulate or circumvent protection or evidence functions.

Users may only use scanner and protection functions for content in which they hold the required rights or for which they have sufficient permission. The platform does not support the unauthorised removal of third-party watermarks, fingerprints, copyright notices or protection measures.

10. Reviews, comments, reports and user content

Where functions are available, users may post reviews, comments, reports, profile texts, product texts or other content. Users are themselves responsible for this content.

Impermissible in particular is illegal, insulting, defamatory, discriminatory, fraudulent, misleading, youth-endangering, copyright-infringing, trademark-infringing, data-protection-violating, security-endangering or spam-like content.

We may review, hide, block, delete or restrict access to user content where there are concrete indications of a legal violation, a violation of platform rules or a threat to the platform. For reports of illegal content, the notes on the DSA contact page additionally apply.

11. Obligations of users

Users undertake not to use the platform abusively. The following are in particular prohibited:

• attacks on the platform, automated scraping outside permitted interfaces, circumvention of limits or technical manipulation,
• uploading malware, exploits, backdoors, stolen files or illegal content,
• circumventing payment, licence, protection, download or review mechanisms,
• false identity, rights, payment or tax information,
• harassment, threats, deception, fake reviews, review manipulation or other abusive influence.

12. Right of withdrawal for consumers

Consumers generally have a statutory right of withdrawal for distance contracts. Details are contained in the separate withdrawal policy.

For digital content not supplied on a tangible medium, the right of withdrawal may expire early if the consumer has expressly consented to performance of the contract beginning before the withdrawal period expires and has confirmed that they lose their right of withdrawal by giving this consent upon the start of performance. The specific consent is requested at checkout or before the download is provided, where immediate provision is intended.

Statutory warranty rights remain unaffected.

13. Warranty rights for digital products

For consumers, the statutory provisions on digital products apply. If digital content is defective, not provided as agreed or does not meet the contractually assumed requirements, consumers have the statutory rights.

We may initially provide subsequent performance, in particular by re-providing, corrected files, updates, installation notes or exchanging the product. If subsequent performance fails or is legally dispensable, consumers may assert further rights subject to the statutory conditions.

Towards businesses, the statutory warranty rights apply with the proviso that obvious defects must be reported immediately after provision. A guarantee only exists if expressly declared.

14. Liability

We are liable without limitation for intent and gross negligence, for damage arising from injury to life, body or health, under the Product Liability Act and to the extent of expressly assumed guarantees.

For slightly negligent breach of essential contractual obligations, we are only liable for the foreseeable damage typical of the contract. Essential contractual obligations are obligations whose fulfilment enables the proper performance of the contract in the first place and on whose compliance the user may regularly rely.

Otherwise liability is excluded to the extent permitted by law. The liability limitations also apply in favour of our legal representatives, partners, employees and vicarious agents.

15. Creators, third-party content and platform review

Creator content is reviewed before publication according to our technical and organisational capabilities. A review may include virus scans, file analyses, admin review, licence plausibility checks, protection checks, test downloads and manual inspection. However, a review does not guarantee that content is free of legal defects, technical problems or third-party claims.

Creators remain responsible for the legality, quality and accuracy of their content. The creator terms additionally apply to creators.

16. Changes to the platform and these Terms

We may further develop the platform and change, supplement or discontinue functions, insofar as this is reasonable for users and existing contractual rights are not impermissibly impaired.

Changes to these Terms are communicated to users in a suitable manner where they concern ongoing usage relationships. If a user objects to a permissible change, both parties may ordinarily terminate the usage relationship. For purchases already concluded, the terms incorporated at the time the contract was concluded generally apply, unless mandatory reasons require a change.

17. Term, termination and account deletion

The plain user account runs for an indefinite period and can be deleted or requested to be deleted by the user at any time. Existing statutory retention obligations, evidence interests, open orders, disputes, security logs and licence evidence may prevent immediate complete deletion of individual data. In such cases, data is blocked, restricted or anonymised where legally and technically possible.

We may ordinarily terminate user accounts with reasonable notice and block or terminate them without notice for good cause, in particular in the event of serious legal violations, payment fraud, misuse, repeated violations of platform rules or endangerment of platform security.

18. Consumer dispute resolution

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

19. Final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Towards consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection of mandatory provisions of the state in which the consumer has their habitual residence.

If the user is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with the contractual relationship is our registered office, to the extent permitted by law.

Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected. The statutory provisions replace invalid provisions.