Terms of service (TOS)

§1 PREAMBLE

1.1 This page informs you about our terms and conditions. Parties that appear in the terms and conditions:

Besier Investments: bidder; Evaped; we; seller; Evaped.cloud; Evaped.dev; Evaped International us

Buyer: buyer; customer; them; you; user

1.2 These terms and conditions apply to the following websites:

➥ evaped.dev

1.3 Imprint of the pages: http://evaped.cloud/legal-notice/

1.4 Evaped operates an online store, which creates additional, optional content for Mojang AB’s sandbox game Minecraft.

1.5 Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The general terms and conditions therefore apply to companies for all future business relationships, even if they are not expressly agreed again. The inclusion of terms and conditions of a customer, which contradict our terms and conditions, is already contradicted.

1.6 Evaped has no connection with Mojang AB.

1.7 Should one or more provisions of these terms and conditions be or become ineffective, this shall not affect the validity of the remaining provisions.

1.8 The contract language is primarily English and secondarily German. There are no others.

1.9 Exclusively German law is applicable to contracts between us and you excluding the provisions of the United Nations Convention on Contracts for the International Sales of Goods (CISG, “UN Purchase Law”). Compulsory regulations of the country in which you usually reside, remain unaffected by the choice of law.

1.10 In the event of any disputes, only German law and the place of jurisdiction of German shall apply.

1.11 Evaped offers system which you can configure very well. So you can also create content, which is against the EULA from Mojang AB (https://account.mojang.com/documents/minecraft_eula). We are not liable for any infringements committed by customers.

§2 CONTRACT

2.1 The presentation of goods in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding request to order goods in the online shop.

2.2 By clicking on the button [“buy”] you make a binding purchase offer (§ 145 BGB). Immediately before submitting this order, you can check the order again and correct it if necessary.

2.3 Only by releasing the content or providing a link the contract is concluded.

§3 PRICES

3.1 The prices stated on the product pages include VAT and other price components.

3.2 Prices are displayed in the following currencies: EURO. There may be deviations from the current exchange rate. We try to keep it up-to-date.

3.3 Evaped reserves the right to cancel discounts at any time (including before / after announcements, remove them). Evaped also reserves the right to change prices at any time.

§4 PAYMENTS

4.1 The payment is made either by

● Paypal

● Paysafecard

● SOFORT

● Credit Card

● Bitcoins

The last four payment methods are handled by PayGol.

4.2 Evaped reserves the right to choose the payment methods available. In particular, Evaped reserves the right to offer you only selected payment methods for payment, for example, to secure our credit risk only in advance.

4.3 All purchases are unique.

§5 REQUIREMENTS FOR A PURCHASE

5.1 For a purchase worth over € 50.01 (only in EURO), the buyer must have reached the age of 18 or have the consent of the legal guardian. For an amount less than € 50.01, the purchase is subject to the pocket money paragraph (§ 110 German-BGB).

§6 MAINTAINING

6.1 After a purchase, you can download the purchased product in the customer account under “My Account”> “Downloads”.

6.2 Evaped can not guarantee that the website under the domains above will remain accessible. If the website is not available, you have 2 weeks after the purchase still the opportunity to apply to download the product again. This is done via e-mail under office@evaped.cloud. If this email is no longer available: nick.besier@icloud.com. The invoice number should be available.

§7 USAGE / COPYRIGHT

7.1 All digital content provided by the seller is protected by copyright.

7.2 The customer acquires a time-unlimited, simple, non-transferable right of use exclusively for non-commercial use. The customer is granted no exploitation rights. In particular, he may not distribute the titles acquired either in digital form or in printed form, in whole or in part (§ 17 German-UrhG), make them publicly available (§ 19a German-UrhG) or pass them on to third parties in other forms. The right to reproduce (§ 16 German-UrhG) is limited to acts of reproduction which serve exclusively for their own use.

7.3 The user is not entitled to remove copyright notices, trademarks or other legal reservations from the goods.

7.4 The seller is entitled to individually personalize downloadable digital content with visible and invisible markings to enable the identification and legal prosecution of the original customer in case of misuse.

7.5 In the event of unauthorized use of the digital content by the buyer or a third party, the buyer undertakes to pay a contractual penalty for each infringement to be determined by us at its reasonable discretion and to be reviewed by the competent court in case of dispute.

7.6 If the SourceCode is not included in a plugin, it is forbidden to decompile the Java files. Likewise, no changes or code adjustments may be made.

7.7 The product may not run on different networks.

7.8 In the event of a notification pursuant to §7.5 ToS, Evaped reserves the right to transmit the data of the buyer to the authorities.

7.9 Each buyer is obliged to report to third parties who have gained access to the administrative area and have downloaded the products from there. This also applies to Worlddownloader.

§8 WARRANTY

8.1 Evaped subjects its products to strict quality control and reported bugs are resolved as soon as possible. In addition, Evaped always tries to update its products to the latest level of development.

8.2 Evaped likes to take customer ideas into their products, but does not commit to them. Reported errors will be corrected as soon as possible.

8.3 If content is not included in the products contained in the product description, please let us know and we will add it.

8.4 If the product does not work properly, the customer must contact us and we will try to help. All products have been tested for functionality on the following standard defined in tech-specs.

8.5 Evaped does not guarantee the functionality with third-party systems. This is common to systems that were not developed by Evaped. Also, Evaped sometimes has integrations with other systems. For example, this means CloudNet in the lobby system. The functionality can not be guaranteed by Evaped either.

8.6 Evaped develops system based on other systems like Spigot or BungeeCord. Evaped can not be held responsible for the continued development of these systems, their availability to the public, or their failure to function in any way.

§9 REVOCATION

9.1 All items sold are not eligible for return and can not be canceled, reversed or transferred as they are considered consumable and therefore not subject to the German-FernAbsG. Shortly after the payment you can download the desired product.

9.2 Buyers can request that their account will be deleted. As a result, they can no longer download products. There is also no refund. For privacy reasons, these products can not be made available for download again.

9.3 There is no refund if the website is unreachable. If this happens, you can request via e-mail (office@evaped.cloud, if this is not: nick.besier@icloud.com), that you will receive an extra download link, if the purchase is less than 14 days.

§10 SPECIFICATIONS

10.1 Description for Minecraft Plugins: Minecraft Plugins are Java extensions based on the Spigot API or BungeeCord API.

10.2 Description for Minecraft Plugin SourceCodes: These are Java classes / text documents for the IDEA IntelliJ or Eclipse with which you can reprogram the plugins.

10.3 Minecraft Maps or Minecraft Schematics: Minecraft schematic files

§11 DELIVERY

11.1 Unless otherwise agreed, the delivery of the goods by providing a button. This can be clicked on by you and starts the download on the storage medium of your choice. Go to “My Account” and then to “Downloads”.

11.2 It is the Customer’s responsibility to have adequate software available to properly upload, start and manage the files and content.

§12 ALTERNATE DISPUTE RESOLUTION

12.1 The EU Commission has provided a platform for out-of-court settlement. This gives consumers the opportunity to settle disputes in connection with their online order without the intervention of a court. The Dispute Settlement Platform can be reached at the external link http://ec.europa.eu/consumers/odr/.

12.2 We endeavor to settle any disagreements arising from our contract by mutual agreement. In addition, we are not obliged to participate in arbitration and unfortunately can not offer you participation in such a procedure.

§13 Support

13.1 Support means assistance of the developers or creators of the products.

13.2 Competent support can be provided by Evaped max. Be placed 3 months after purchase. After 3 months Evaped is still able to support but no longer obligatory.

13.3 Evaped may block certain IP’s from the Website. Evaped blocks IP’s for security, spam or inappropriate behavior. With an IP Ban you have no longer the opportunity to download products, get support or receive updates.

13.4 There is no support on SourceCodes.

13.5 Evaped only provides support for its products and answers only questions about it’s products.

13.6 Support is provided via the TicketSystem, LiveChat, Discord or TeamSpeak

13.7 Buyers may request that their account be deleted. As a result, they can no longer receive support.

§14 UPDATES

14.1 We update our products regularly. Evaped reserves the right to remove content from products and to add new ones. The old download links will be removed.

14.2 Evaped does not commit itself to updating the products, but as always welcomes new ideas in its projects and fixes the errors as quickly as possible.

14.3 Evaped is not obliged to give any buyer any updates. Usually Evaped gives each buyer the updates.

14.4 Evaped reserves the right to award updates to customers in the name of a BETA test.

14.5 Buyers can request that their account be deleted. As a result, they can no longer receive updates

§15 INTEGRATION OF PRODUCTS

15.1 The paragraph deals with buyers who have legally purchased the product on another platform.

15.2 Evaped also credits the products on this website, provided that the selling price at the time of purchase is higher than or equal to the purchase price on the day of the application (the amount may be 50ct (EURO) lower).

15.3 For the integration the buyer needs a valid customer account and the invoice of the order. This process is done only once for each purchased digital product.

ENDING

If you have any questions about the terms and conditions or do not understand aspects, you are welcome to office@evaped.cloud with us.

Last update of terms: April 2019

Source: BEVH.org