Donation Points System Terms of Service

The following document contains the Terms of Service for the Nexus Mods Donation Point System. These Terms are in addition to both our main Terms of Service and Privacy Policy. By opting in to the service you agree to the following:

Description of Donation Point System

The Donation Point System provides content creators at Nexus Mods the opportunity to “opt-in” in order to receive “Donation Points” or “DP” based upon certain metrics that Nexus Mods determines at our sole discretion. The metrics to earn DP are subject to change at any time, with or without notice to you.

Donation Point System ToS Update

Nexus Mods may revise the Terms of Service for the Donation Point System at any time. By continuing to use the service, you automatically agree to any revisions of these terms. The Donation Point System ToS is published at this page: https://help.nexusmods.com/article/68-donation-points-system-terms-of-service. If at any point you do not agree with any parts of the ToS, you must immediately opt-out of the DP System by going to the Donations section of your Nexus Mods account.

Eligibility - Users

You must be at least 18 years of age to register for the Donation Point System and have an active, valid Nexus Mods account with at least 1 published mod for any of the video games we support. Each mod you wish to be eligible for DP rewards must be opted-in via the Mod Reward management page. If you are part of a team of authors that has created a Mod, you may register for the Donation Point System on behalf of your team, however, you will be solely responsible for distributing Donation Points earned, if any, amongst your team members. Nexus Mods shall have no involvement the distribution of Donation Points between you and the rest of the creators of your project. Individuals employed by Nexus Mods and receiving payment for their work are exempt from the Donation Point System and are required to “Opt-out” their profile from receiving Donation Points.

Eligibility - Files

Our broader Terms of Service regarding file permissions apply.

A mod that is eligible for the DP system has to fulfill one of the following criteria

  • Consists of only your original work
  • Consists of your original work, and/or assets which are cleared for general commercialisation
  • Consists of the above and/or assets that are not your original work, and are not licensed for general commercialisation, but for which the asset author(s) have given you explicit permission to opt into the DP system

Such permission can come in the form of:

  • The predefined permission setting on the mod page including the assets you want to use (“Give permission for users to be able to earn Donation Points for their mods if they use my assets?” set to “Yes”)
  • Permission obtained from the author of the assets (You asked them for permission to opt into the system while using their assets and they responded with yes)

Earning Points

Donation Points may be earned in a variety of manners subject to change at our sole discretion, Including, without limitation: (1) Unique downloads of your Mods over a period specified by us; (2) receiving a share of Donation Points where other users are sharing with you; (3) participating in contests or promotion where Donation Points are offered as a prize; (4) engaging in other activities from which Donation Points can be earned. Nexus Mods determines at its sole discretion: (a) how Donation Points are earned; (b) the amount of points earned for each particular Donation Points activity and (c) when such points, if any, shall be distributed to you. Nexus Mods expressly reserves the right to add or remove methods of earning Donation Points or to terminate the Donation Points System, for any reason or no reason at all.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR PARTICIPATION IN THE DONATION POINTS SYSTEM DOES NOT GUARANTEE THAT YOU WILL EARN ANY DP. NEXUS MODS MAKES NO REPRESENTATION, WARRANTY OR GUARANTY THAT YOU WILL RECEIVE ANY DP THROUGH YOUR PARTICIPATION IN THE DONATION POINT SYSTEM

Point Redemption

Donation Points may be redeemed through the Donation Point Store where Nexus Mods may offer a variety of items with assigned DP values. When you select a particular item in the Store, and provided you have enough DP in your wallet, the Donation Points in your wallet will be reduced by the DP value designated for the item after you have completed the ordering process. Provided you have a PayPal account and you have linked your PayPal account in the Donation Section of your Nexus Mods account you may choose to redeem your points for a specified value of cash, provided you have enough Donation Points to withdraw the amount. Cash redemptions are only available for the integers listed in the Store and are only offered in United States Dollars (USD($)). The cash reward may be converted from USD($) to your local currency via Paypal. Nexus Mods accepts no responsibility for any fees incurred when using PayPal's services.

ALL REDEMPTIONS OF POINTS ARE DEEMED FINAL. YOU ACKNOWLEDGE AND AGREE THAT REDEMPTIONS OF POINTS ARE NOT REFUNDABLE, IN WHOLE OR IN PART. YOU ARE FULLY RESPONSIBLE AND LIABLE FOR ALL REDEMPTIONS OF POINTS THROUGH YOUR ACCOUNT, INCLUDING, WITHOUT LIMITATION, ANY UNAUTHORIZED REDEMPTIONS.

Nexus Mods provides any cash reward to you without deducting appropriate VAT and other taxes from the total amount. Nexus Mods shall have no responsibility over, nor incur any liability related to, payment of any and all taxes application on such cash rewards.

Point Expiration and Value

Donation Points that you have earned are currently set to not expire. We reserve the right to make changes to point expiration at any given moment with or without notice. We further reserve the right to alter the value of a single Donation Point at our discretion or abolish the system altogether, thereby effectively erasing accumulated Donation Points.

Ownership

Donation Points are generated on the Nexus and can only be used in our storefront for as long as the Donation Point system remains live. Dontain Points remain property of Nexus Mods even while they are assigned to your account and as such, Donation Points do not hold any value outside of the Nexus, do not constitute currency and cannot be converted to such other than through our store interface. We cannot and will not accept responsibility for theft or loss of these point under any circumstances, including if your account is compromised.

Prohibited Activities

Actions taken by you that are directly or indirectly aimed at manipulating or downright abusing the Donation Point system to your advantage are strictly prohibited and Nexus Mods reserves the right to exclude you temporarily or permanently from the system or, in extreme cases, terminate your account on our sites.

Such actions may include but are not limited to:

  • Usage of assets without permission in an attempt to generate DP
  • Update Spam: Chain releases of minor updates for mods as separate mod pages in an attempt to generate additional DP
  • Fraudulent creation of multiple accounts in an attempt to generate more unique downloads
  • Any other actions deemed to be abuse of the system as decided by the staff of Nexus Mods in their sole discretion

Our staff and moderating team reserve the right to use their best judgement when determining whether you have acted in violation of our broader Terms of Service or rules for the usage of the Donation Point System in particular.

Disclaimer of Warranties

YOUR PARTICIPATION IN THE DONATION POINT SYSTEM IS AT YOUR SOLE RISK. THE DONATION POINT SYSTEM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEXUS MODS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

NEXUS MODS MAKES NO WARRANTY THAT (I) THE DONATION POINT SYSTEM WILL MEET YOUR REQUIREMENTS, (II) THE DONATION POINT SYSTEM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM PARTICIPATING IN THE DONATION POINT SYSTEM WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE DONATION POINT SYSTEM WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SITES AND/OR DONATION POINT SYSTEM WILL BE CORRECTED.

Because some countries or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEXUS MODS, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIM ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE DONATION POINT SYSTEM AND/OR THE SITE, EVEN IF NEXUS MODS AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF NEXUS MODS OR ANY OF THE RELATED PARTIES EXCEED THE AMOUNT THAT YOU RECEIVED THROUGH REDEEMING POINTS DURING THE SIX (6) MONTHS PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.Because some countries or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such countries or jurisdictions, the liability of Nexus Mods and/or the Related Parties shall be limited to the fullest extent permitted by law.

Indemnification

Nexus Mods contributes to the Donation Pool at its own discretion. You are at no point entitled to Donation Points or rewards. The Donation Point System is a way for us, Nexus Mods, to give back to mod authors. While we are willing to make substantial contributions to the donation pool, we at no point guarantee for the system to remain live for an indefinite amount of time, or for our contributions to the pool to remain consistent.

The ability for you to earn Donation Points and convert those at our store is a privilege we provide to you on a voluntary basis. We at no point grant you a right or entitlement to DP, rewards, or access to rewards.

In addition to your indemnification obligations set forth in the Terms of Service, you agree to indemnify, defend and hold Nexus Mods and the Related Parties harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of any breach by you of this Donation Point System TOS.

Termination

Nexus Mods reserves the right to, with or without notifying you, temporarily or permanently exclude you or your mods from the Donation Point System, and/or withhold or erase Donation Points you may have already accumulated acting in violation of rules.

Further, you agree that Nexus Mods shall not be liable to you or any third-party for termination of your access to the Donation Point System.

Conflicts

In the event of any conflict between the broader Terms of Service and the provisions concerning Donation Points, the terms and provisions of this Donation Point System shall control and prevail.

Contact

We may contact you via email to provide you with information about the Donation Point System or your account or to provide you with information about special offers available only to Donation Point System participants.