Before you start using Mirium Networks' services, please take the time to carefully review these Terms of Service. 

By accessing and using our Services, whether you are a guest, a registered user, or in any other capacity, you are acknowledging and agreeing that these Terms of Service will govern your relationship with Mirium Network ("Mirium"). These Terms of Service apply to all users of the "Mirium Network," which includes, but is not limited to, the following: 1) the Mirium Server for Minecraft, 2) the Mirium.de website and store, 3) all Mirium Games available on the Mirium server, and 4) all associated features, functionalities, and components, whether accessed via a computer or a mobile device. If you do not fully agree to these Terms of Service, you must refrain from using any of our Services. The Terms of Service were last updated on 10th October 2023.

1) Definitions

• "Account" is used to describe the user account you establish via Mirium to gain access to specific Services.
• "Dispute" encompasses any disagreement related to this agreement, with the exclusion of claims regarding the enforcement or protection of Intellectual Property Rights, and it is subject to applicable statutory consumer rights laws.
• "In-App Purchases" denotes purchases that are available for acquisition within the Services.
• "Intellectual Property Rights" cover ownership, entitlements, and interests connected to patents, trade secrets, copyrights, trademarks, and similar rights under any governmental authority.
• "Notice" signifies a written communication dispatched via email, courier, or Federal Express to the other party at their respective address.
• "Privacy Policy" refers to the privacy policy of Mirium that governs your utilization of the Services and is integrated into this agreement.
• "Service" encompasses the Mirium Network along with associated products and services provided by Mirium and its Affiliates.
• "Terms of Service" (or "Terms") signifies the stipulations and conditions elucidated in this agreement.
• "User Content" comprises all data you upload, transmit, or generate through the Services.
• "Mirium" pertains to the Mirium Network, which includes its subsidiaries and related entities.
• "Mirium Affiliate" (or "Mirium Affiliates") represents third-party content providers, distributors, licensees, or licensors linked with Mirium.

2) Ownership and Limited License

a) Ownership The Services provided by Mirium are either owned or licensed by Mirium and are safeguarded by Intellectual Property Rights and other proprietary laws. Mirium retains all rights, titles, and interests in and to the Services, which include all Intellectual Property Rights and other proprietary rights, unless expressly granted to you under these Terms. Your permissible use of the Services is constrained by Mirium's Intellectual Property Rights.

b) License Upon your acceptance and ongoing adherence to these Terms and any other applicable Mirium policies, Mirium extends to you a non-commercial, non-exclusive, non-transferable, revocable, and limited license, subject to the restrictions articulated in these Terms. This license permits you to access and utilize the Services exclusively for your personal entertainment purposes. You agree not to employ the Services for any other purpose.

c) Accounts

I. Access to the Mirium server is granted through your Microsoft Account ("Account"), and by doing so, you commit to adhere to these Terms. If you share an Account with other users, all users under that Account are bound by this agreement. The Account owner holds the responsibility of ensuring that all users have both read and agreed to comply with these Terms.

II. Mirium retains the right to permanently delete Accounts on its Services that are deemed inactive. An Account is classified as inactive if it remains unused for a period of One Hundred and Eighty (180) days.

III. You acknowledge that the deletion of your Account may result in the loss of access to any data associated with that Account. If you wish to delete your Account, please notify Mirium by sending a Notice to the following contact: support@mirium.de

d) License Limitations

You are prohibited from using the Services in violation of the law, these Terms of Service, or these License Limitations, and you may not assist others in doing so. Any such violation may lead to the immediate revocation of your limited license at Mirium's sole discretion, potentially resulting in the deletion of your Account, or exposing you to legal consequences.

While using the Services, you are expressly prohibited from engaging in the following activities:

I. Cheating or employing unauthorized methods to gain advantages in gameplay. ii. Employing automated processes to manipulate or access the Services. iii. Engaging in hacking, phishing, or unauthorized modification of the Services. iv. Exploiting the Services for unauthorized purposes, such as reselling in-game items. v. Creating or using in-game items obtained through glitches or design flaws. vi. Distributing or modifying materials obtained through the Services without proper permission. vii. Using the Services for commercial purposes or removing proprietary rights notices. viii. Harassing, threatening, or advocating harmful behavior towards others. ix. Participating in offensive or discriminatory activities or groups. x. Initiating attacks or disruptions to the Services or others' use of them. xi. Obtaining or inferring business information about Mirium or its affiliates. xii. Sharing materials that infringe on intellectual property rights or impersonate others. xiii. Attempting unauthorized access to Services or other users' accounts. xiv. Using the Services in regions or areas where such use is prohibited by law.

3) Payment and In-App Purchases

a. In-App Purchases are the property of Mirium and do not constitute your ownership. Mirium retains the right to manage, regulate, control, modify, or remove all In-App Purchases at its discretion, without prior notice or announcement, and without any obligation to compensate you. Mirium shall bear no responsibility to you or any third party for the exercise of these rights.

b. All charges associated with the Services must be paid in advance, are considered final, and are not subject to refunds, whether in full or in part, except as mandated by applicable consumer rights laws in your local jurisdiction. In the event of the closure of an Account, whether voluntary or involuntary, you will not receive any monetary compensation or other forms of reimbursement for unused In-App Purchases. However, notwithstanding the above, Mirium may, at its sole discretion, issue a refund to you if, within sixty (60) days, you have completed all purchased content and have provided a valid reason for requesting such a refund.

4) User Content

1. a. Mirium fully disclaims any responsibility or liability, to the maximum extent permitted by law, for the actions of any user who submits User Content. Mirium also disavows any responsibility or liability for the pre-screening or monitoring of the Services to detect inappropriate or unlawful content or behavior. We lack the capability to pre-screen or continuously monitor all User Content, and we have no intentions of doing so. Your utilization of the Services carries inherent risks, and you bear sole responsibility for any User Content that you publish.
2. When transmitting or uploading User Content, you agree to the following rules:

1. Ensure that your content is accurate, comprehensive, and devoid of any fraudulent or deceptive elements.
2. Do not encroach upon any Intellectual Property Rights when creating your content.
3. Ensure that your content refrains from obscenity, threats, defamation, or causing harm to others.
4. Make certain that your content is in line with the Terms of Service.
5. Your content should not contravene any laws, contractual obligations, or the rights of others.
6. Guarantee that your content is free from viruses or any malicious code.
7. Abstain from incorporating spam, engaging in commercial solicitation, sending chain letters, or initiating mass mailings within your content.

1. Any User Content you publish will be regarded as NON-CONFIDENTIAL. Mirium will manage personal information you supply in compliance with the Privacy Policy. Mirium bears no responsibility for any USE or APPROPRIATION of your User Content by other users or third parties through the Services.
2. By utilizing the Services, you provide Mirium with a non-exclusive, global license to employ, adapt, reproduce, and disseminate your User Content for purposes linked to the Services, including marketing. This license is irrevocable, and you relinquish any rights to attribution. It is essential to note that Mirium does not assert ownership over your User Content. To withdraw this license, you must send a notice to the contact provided. In compliance with the Digital Millennium Copyright Act and comparable applicable laws, if Mirium receives notification that you have violated the copyrights or other Intellectual Property Rights of others, your access to the Services may be terminated without prior NOTICE. If you believe that your content has been subject to infringement within the Services, please NOTIFY us at this location: support.mirium.de. Keep in mind that making a KNOWING MISREPRESENTATION of copyright infringement may render you liable for damages, including costs and attorneys' fees. Notices submitted to Mirium under this provision should encompass:
3. A delineation of the claimed Intellectual Property Rights that have been infringed. 
4. A description of the material alleged to be infringing. 
5. Your name, postal address, telephone number, and email address. 
6. A statement by you affirming that: (1) you genuinely believe that Intellectual Property Rights infringement has transpired; and (2) the information in your notification is accurate, and, under penalty of perjury, you are authorized to act on behalf of the owner of the Intellectual Property Rights purportedly infringed. 
7. A physical or electronic signature of an individual authorized to represent the owner of the Intellectual Property Rights allegedly infringed.

5) Term

6) Account Access and Permissible Assignment

7) Service Availability and Termination

You acknowledge the following:

1. Mirium may update or modify the Services at its discretion.
2. Mirium can terminate or restrict access to the Services, including Accounts, without Notice or liability.
3. You have the right to terminate these Terms through the Mirium support Email.
4. Access to the Services may be interrupted for reasons beyond Mirium's control.
5. Upon termination or suspension, pre-purchased services or virtual goods will be forfeited, and no refunds will be provided.
6. The availability of Services may vary by country or location.
7. You are responsible for any internet connection and mobile fees incurred while using our Services.

8) Warranty and Liability

You acknowledge that Mirium and Mirium Affiliates are not liable for any indirect, incidental, special, exemplary, or consequential damages, including loss of profits, goodwill, or data, arising from the use of, or inability to use, the Service, or for the conduct of third parties, including other Service users and operators of external sites. The Services are provided "as is" and "as available." Mirium makes no express or implied warranties, except where legally incapable of exclusion or limitation in your local jurisdiction.

You assume all risks associated with using the Services, including the risk of injury. To the fullest extent permitted by law, Mirium disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose. Mirium does not guarantee that the Services are free from viruses or other harmful components.

To the maximum extent permitted by applicable law, the disclaimers of liability in these terms apply to all damages or injury caused by the Services or related to their use, under any cause of action in any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract, or tort (including negligence).

The aggregate liability of Mirium and/or Mirium Affiliates under this agreement shall not exceed the total amounts you have paid (if any) to Mirium and/or Mirium Affiliates in the one hundred eighty days (180) immediately preceding the date of your claim. If you have not paid Mirium or any Mirium Affiliate during that period, your sole remedy for any dispute with Mirium and/or any Mirium Affiliate is to stop using the Service and cancel your account.

You represent and warrant that you are not located in a country subject to a United States government embargo or designated as a "terrorist supporting" country, and you are not listed on any United States government list of prohibited or restricted parties.

In jurisdictions where the exclusion of certain warranties or the limitation of liability for consequential or incidental damages is not allowed, Mirium and Mirium Affiliates' liability shall be limited to the maximum extent permissible under applicable laws, subject to any applicable statutory consumer rights laws in your local jurisdiction.

9) Indemnity

1. You hereby commit to defending, indemnifying, and absolving Mirium, Mirium Affiliates, and any third parties in agreement with Mirium. This indemnification extends to employees, contractors, vendors, agents, suppliers, licensees, customers, distributors, shareholders, directors, officers, as well as any individual utilizing the Services, and anyone who becomes aware of your use of the Services. You agree to indemnify them for any claims, liabilities, judgments, awards, injuries, damages, losses, costs, fees, or expenses (including attorney's fees and costs) that may arise directly or indirectly from:
2. Your failure to comply with any provision of these Terms of Service.
3. Your utilization of the Services, encompassing economic, physical, emotional, psychological, or privacy-related aspects.
4. Your actions intended to knowingly affect the Services via any form of malicious software or code, such as malware, viruses, Trojans, spyware, and more, or any program installed to consume processor resources during inactive periods.
5. Mirium and Mirium Affiliates retain the right, though not the obligation, to assume exclusive control and defense of any matter subject to indemnification by you, at their own expense.
6. You acknowledge and accept that Mirium has no obligation to defend, indemnify, or hold you harmless in any manner related to this agreement, including your use of the Services, the use of the Services by any individual, or any connection between the aforementioned and any other person or entity who becomes aware of your use of the Services.
7. This section will remain in effect even after the termination of this agreement.

10) Miscellaneous

To use the Services, you must accept this agreement. Mirium has the right to modify the Terms of Service at any time, and these changes become effective upon posting. If you continue using the Services after such changes are posted, you are agreeing to be bound by them. Keep an eye on this page for updates.

This agreement is final and comprehensive, replacing all prior agreements. It can only be altered in writing by authorized representatives of both parties and cannot be assigned except to a successor who acquires all a party's business or assets. The agreement is binding on the parties, as well as their heirs, successors, representatives, and assigns.

Neither party is responsible for delays or failures in performance resulting from uncontrollable acts, such as war, terrorism, strikes, power outages, natural disasters, and more.

No action or inaction by Mirium shall be considered a waiver of any rights in this agreement. Any waiver by Mirium must be in writing and signed by an officer of Mirium. Even if Mirium waives one provision, it does not waive other provisions, nor does it waive that provision for all future situations.

If any part of this agreement is found invalid or unenforceable, the rest of the agreement will be fully enforced possible, with the problematic part modified as needed to align with the parties' intentions.

You recognize that a violation of this agreement, or even the threat of such a violation, will cause irreparable harm to Mirium. Therefore, Mirium can seek injunctive relief without proving actual damages, in addition to other legal or equitable remedies.

Disputes related to this agreement are governed by German law without considering conflicts of laws principles. German courts have exclusive jurisdiction to the fullest extent permitted by law over legal actions arising from disputes under this agreement. Both parties consent to the jurisdiction of German courts and waive any jurisdictional defenses.

h) Language 

The primary language for these Terms of Service is English, to the fullest extent permitted by law.