Terms of Service

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. IN PARTICULAR PLEASE NOTE THE LICENCE YOU ARE GIVING UNDER THE SECTION RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MUST DELETE YOUR ACCOUNT.

What's in these terms?

These terms tell you the rules for using our website https://www.nexusmods.com/ (our site).

Who we are and how to contact us

https://www.nexusmods.com/ is a site operated by Black Tree Gaming Limited ("We"). We are registered in England and Wales under company number 06360077 and have our registered office at Southernhay Studios Dean Clarke House, Southernhay East, Exeter, England, EX1 1AP. Our main trading address is Southernhay Studios Dean Clarke House, Southernhay East, Exeter, England, EX1 1AP. Our VAT number is 107473914.

We are a limited company.

To contact us, please email support@nexusmods.com.

Our site strives to provide its users with services and information that facilitate the discussion and distribution of user-submitted video game modifications ("mods") and other video game related digital media.

By using our site you accept these terms

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

By using our site, you hereby represent that you are aged 18 or older, or that you are aged 13 or older and do so with the consent of a parent or legal guardian.

There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our site:

• Our Privacy Policy.  See further under How we may use your personal information.
• Our Moderation Policy, which sets out the various methods that staff may choose to employ in an attempt to ensure that user-submitted content complies with our various policies and guidelines.
• Our File Submission Guidelines, which describe the acceptable use of Nexus Mods’ file, image, and video sharing systems.
• Our Forum and Commenting Guidelines, which set out the rules with which you must comply when posting and otherwise using the forums on our site.

If you subscribe for premium membership from our site, our Terms and conditions of supply will apply to the sales.

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. Please see the bottom of this page for the date these terms were last updated.

We may make changes to our site

We may update and change our site from time to time to reflect changes to our users' needs and our business priorities.

We may suspend or withdraw our site

With the exception of premium membership, our site is made available free of charge. Accordingly, we may withdraw, suspend or restrict your access to our site (including by deleting any account you may have) at our discretion.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons or because you are in breach of any of our terms, including additional terms referred to in these website terms and conditions. We will try to give you reasonable notice of any suspension or withdrawal however we are not required to do so.

If we withdraw, suspend or restrict your access to our site that may also apply to content uploaded by you.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens.

Your account details

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

Households or facilities from which multiple users (and therefore accounts) may access the sites and services are encouraged to inform staff to ensure that there are no potential misunderstandings in the case of moderation review. More information can be found in our Moderation Policy.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at support@nexusmods.com. In the event of you losing access to your account, your email address is the only method that can be used to reclaim your account.

By creating a Nexus Mods account, you acknowledge that we may send email to the address associated with your account with important information regarding your account, as well as our services and policies.

When creating an account on our services, the username you choose must be appropriate for all audiences (i.e. be free of profanity). Accounts registered with inappropriate usernames will be subject to an immediate ban.

Avatar and signature images shall comply with the site rules. If you are using links in your signature or on your profile page, please make sure that content featured on the linked website or webpage conforms to our requirements. Ensure that any animated images you would like to use as your avatar do not contain excessively involved animations that can be construed as overly distracting. We reserve the right to remove animated avatars at our sole discretion.

Users are able to permanently delete their account using the feature found on the ‘ Security’ section of your account settings. More information on the deletion process, deleted data, and best practices can be found in our Account Deletion Guidelines.

How you may use material on our site

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged (except where the content is user-generated).

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

In the interest of upholding our community standards when it comes to etiquette, we ask you to abstain from interacting with user-submitted content that you do not find to your liking, rather than engaging in active disparagement of content you disapprove of.

Attempting to download files or otherwise record data offered through our services (including but not limited to the Nexus Mods website and the Nexus Mods API) in a fashion that drastically exceeds the expected average, through the use of software automation or otherwise, is prohibited without express permission. Users found in violation of this policy will have their account suspended.

Do not rely on information on this site

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

User-generated content is not approved by us

This website includes information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

How to complain about content uploaded by other users

Please see our Reporting Guidelines.

Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user:

• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
• Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and conditions of supply.

If you are a business user:

• We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
• We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site.

• In particular, we will not be liable for:
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user:

• Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our File Submission Guidelines and any other relevant policies.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

We have a strict anti-piracy policy and will take proactive action against anyone whose on-site activity gives us reasonable grounds to believe they are using pirated content such as, but not limited to, games and software. Discussing, promoting or distributing such content on our sites will be met with administrative action.

Content deemed illegal by English law, including but not limited to pornographic depictions of sexual violence, indecent depictions of minors, bestiality, necrophilia, etc., is strictly prohibited and will result in administrative action and when appropriate, notification to the proper authorities.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant:

• us a limited licence to use, store and copy that content and to distribute and make it available to third parties; and
• other users of our site a limited licence to use that content for their own recreational purposes only.

The rights you license to us are described in Rights you are giving us to use material you upload.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Forum and Commenting Guidelines.

You are solely responsible for securing and backing up your content.

We do not store terrorist content.

Rights you are giving us to use material you upload

When you upload or post content to our site, you grant us the following rights to use that content:

• a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media including to promote the site or the service forever;
• a worldwide, non-exclusive, royalty-free, transferable licence for our partners and advertisers to use the content for their purposes and in accordance with the functionality of the site forever;
• a worldwide, non-exclusive, royalty-free, transferable licence for other users to use the content for their own recreational purposes only and in accordance with the purpose of the site (that is, to enable users to download video game mods for their personal use and enjoyment) forever.

In particular, we may retain your content indefinitely and are not obliged to delete your content if you so request. The rights you grant us continue after this agreement is terminated or your access to the site is withdrawn by us.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Rules about linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out across our various policies.

If you wish to link to or make any use of content on our site other than that set out above, please contact support@nexusmods.com.

Which country's laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Severance

If any provision or part-provision of these terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these terms.