General terms and conditions

Provider and scope

These general terms and conditions (“terms”) apply to the use of the website nishinija.de and all services of Nishinija Productions, owner René Ickert (contact see legal notice) – hereinafter “we” or “Nishinija”.

Taking part in our Discord server, our game servers and community events is additionally governed by the community terms. In the event of conflict, those take precedence in their area. Users' own terms only apply if we expressly agree to them.

Our services

Nishinija supports streamers, VTubers and content creators. This includes in particular:

• the website with talent profiles, live status and news,
• management and placement (e.g. contacts with partners, joint projects),
• technical support (e.g. setting up streaming software),
• graphics and overlays,
• server hosting for community and game projects, and
• community events.

All services are currently free of charge. There is no entitlement to a particular service, to being accepted as a talent or to the continuation of a service. We may change, restrict or discontinue services at any time; for ongoing joint projects we take the legitimate interests of those involved into account and announce significant changes in good time.

Individual arrangements

If we support you individually (e.g. with a graphic, an overlay or a technical setup), we agree the scope and time frame with you in advance – by email, on Discord or in text form. Unless otherwise agreed, this constitutes a free favour or a free contract; there is only an entitlement to completion by a specific date if we expressly promise it.

For working with talents in the future shop (e.g. merchandise) we conclude separate written contracts.

Rights of use in our content

You may use content we create for you (e.g. graphics, overlays) for your own channels and appearances, including where these are monetised. Unless otherwise agreed, you receive a simple (non-exclusive), unlimited right of use. Passing it on, reselling it or using it as a template for third parties requires our consent. We may show the work as a reference unless you object.

The content of this website (texts, design, logos, graphics) is protected by copyright. Any use beyond what the law permits requires our consent.

Content you give us

If you give us content (e.g. logos, images, texts for your talent profile), you confirm that you hold the necessary rights and that no third-party rights are infringed. You grant us a simple, free right to use this content for the agreed purpose – in particular to display it on the website and our social media channels. This right ends when you ask us to delete it; we will adjust posts already published in archives (e.g. news) where reasonable.

Obligations when using our services

When using our services it is in particular prohibited to:

• distribute illegal, insulting, discriminatory, harmful to minors or pornographic content,
• circumvent security mechanisms, overload systems, introduce malware or retrieve data automatically on a large scale,
• pass on access data (e.g. server passwords) to unauthorised persons,
• impersonate another person, Nishinija or one of our talents.

In the event of violations we may exclude you from individual or all services and remove illegal content.

Availability and backups

We operate the website and servers with care but cannot promise uninterrupted availability. Maintenance, updates, faults or force majeure may cause outages. We make regular backups, but we cannot guarantee complete restoration (e.g. of game progress). Please also back up important data of your own.

Liability

We are liable without limitation

• for intent and gross negligence,
• for damage resulting from injury to life, body or health,
• under the German Product Liability Act, and
• within the scope of a guarantee given.

As our services are free of charge, we are otherwise only liable in accordance with the statutory rules for free services, i.e. in principle only for intent and gross negligence (cf. Sections 521, 599 German Civil Code). If we provide paid services in the future, our liability for slightly negligent breaches of essential contractual obligations (obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely) is limited to the typical, foreseeable damage.

Operators of external websites we link to are responsible for their content. Third-party services (e.g. Discord, Twitch, YouTube, Kick, gaming platforms) are governed by their own terms.

Future shop

We are planning a shop for our talents' products. Orders there will be governed by separate terms of sale containing all legally required information (e.g. prices including a system fee, shipping, right of withdrawal), which will be shown to you before every order. Until then, no paid contracts are concluded via this website.

Changes to these terms

We may change these terms if our services, the law or the technical environment change. The version published at the time applies to the use of the website. If a change affects an ongoing individual arrangement, we will inform you at least four weeks in advance; if you do not object within this period, the new version applies. We will point out the period and the consequences of not objecting separately in the notice. Changes that require consent only apply with your express agreement.

Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer habitually resident in another country, the mandatory consumer protection provisions of that country remain unaffected.

If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is our registered place of business.

Should any provision of these terms be invalid, the consequences are governed by Section 306 German Civil Code.

These terms are available in German and English. The German version is binding.