2018-04-20 18:04:53 +03:00
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General Business Terms and customer information
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TeamSpeak Systems GmbH
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I. General Business Terms
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1. Scope
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1.1. These General Business Terms (hereinafter referred to as "General
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Business Terms" - German abbreviation - AGB]) shall apply to all contracts
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between TeamSpeak Systems GmbH, Soiernstr. 1, 82494 Krün, entered in the
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register of companies of Munich County Court under the register number HRB
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172523 (hereinafter referred to as "TeamSpeak") and the customer concerning
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the services offered via the websites of TeamSpeak which can be called
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under the domains teamspeak.com, teamspeakusa.com and myteamspeak.com
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(hereinafter the first and the second one referred to as "TeamSpeak.com"
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and the last one referred to as "Myteamspeak.com"; all of them jointly
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referred to as "TeamSpeak Websites").
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1.2. These General Business Terms shall also apply to all future services
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or offers to the customer, even if they are not agreed separately once
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again.
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1.3. Deviating, additional General Business Terms of the customer or which
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contradict these General Business Terms will not be accepted by TeamSpeak
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so that these will not be included in the contract. This shall not apply if
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TeamSpeak has approved the inclusion of the customer's General Business
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Terms.
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2. Capacity as an entrepreneur
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2.1. All offers of TeamSpeak against payment are exclusively directed at
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entrepreneurs within the meaning of Section 14 BGB [German Civil Code],
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which order and use the services of TeamSpeak within the framework of their
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independent, professional or commercial activity
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2.2. TeamSpeak will check the customer's capacity as an entrepreneur before
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conclusion of the contract concerning services against payment.
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2.3. An entrepreneur is each natural person or legal entity or a
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partnership with legal capacity, which acts while performing its commercial
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or independent professional activity upon conclusion of a legal
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transaction, here thus the conclusion of the contract with TeamSpeak.
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2.4. A consumer is each natural person, who concludes a legal transaction,
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here thus the conclusion of a contract with TeamSpeak, for purposes, which
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can mainly neither be attributed to their commercial, nor their independent
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professional activity.
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2.5. Non-commercial grouping within the meaning of these General Business
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Terms is each grouping of consumers or each legal entity, whose business
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activity does not serve to generate profits, in particular legal entities,
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which pursue a non-profit-making corporate purpose.
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3. Scope of contract
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3.1. TeamSpeak is the provider of the software solutions "TeamSpeak 3" and
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"TeamSpeak 3 Software Development Kit" (hereinafter referred to as
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"software solutions"), which enable the customer to communicate with third
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parties by speech or text as well as to exchange files.
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3.1.1 The software solution "TeamSpeak 3" enables the customer to
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communicate with third parties by sharing its TeamSpeak-Server address
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with said third parties. The number of third parties, to which the
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communication channels can be made available, depends on the licensing
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by the customer
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3.1.2 The software solution "TeamSpeak 3 SDK" represents a solution for
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the integration of the technical solution for the voice transmission
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and other functions such as Filetransfer, chat function, etc. in own
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software solutions of the customer.
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3.2. The software solutions are offered through the following licence
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models:
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3.2.1 "Unlicensed": Under the licence model "Unlicensed" the software
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solutions "TeamSpeak 3" and its previous version "TeamSpeak 2" can be
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used free of charge. The use of the software solution "TeamSpeak 2" is
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limited to the use of a maximum of two virtual servers with up to 1000
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slots, the use of the software solution "TeamSpeak 3" to a virtual
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server with up to 32 slots. The use is carried out unlimited from the
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point of view of time. No feedback is given by the virtual server to
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TeamSpeak. The licence model "Unlicensed" is exclusively available to
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non-commercial groupings and consumers.
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3.2.2 "Non-Profit" (hereinafter referred to as "NPL"): Under the
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licence model "NPL" the software solution "TeamSpeak 3" can be used
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free of charge. The use is limited here to two virtual servers with up
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to 512 slots. The duration of the licence is 6 months. A sub-licensing
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of slots and virtual servers to third parties is not permitted. The
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licence model "NPL" is exclusively available to non-commercial
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groupings and consumers.
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3.2.3 Annual Activation/ Single Server" (hereinafter referred to as
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"AAL"): Under the licence model "AAL" the software solution "TeamSpeak
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3" can be used against payment. The use is carried out, depending on
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the licensing chosen by the customer, between a virtual server with up
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to 32 slots up to 2 virtual servers with up to 1024 slots. The duration
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of the licence is one year. A sub-licensing of sots and virtual servers
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to third parties is not permitted.
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3.2.4 "Authorized TeamSpeak Hosting Provider" (hereinafter referred to
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as "ATHP"): Under the licence model "ATHP" the software solution
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"TeamSpeak 3" can be used against payment to an unlimited extent and
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virtual servers and slots can be sublicensed to third parties. The
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duration of the licence is one year.
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3.2.5 Software Development Kit (hereinafter referred to as "SDK"):
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Under the licence model "SDK" the software solution "TeamSpeak 3 SDK"
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can be used against payment for the purpose of integration into own
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software solutions of the user. The conditions of the licence model
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"SDK" shall be individually adjusted to the needs of the user and
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agreed.
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3.3. TeamSpeak also mediates server places through TeamSpeak.com, which are
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offered by third party providers.
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3.4. TeamSpeak provides to the customer via TeamSpeak.com the TeamSpeak
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Software Client (herein after referred to as “Client”). The client is
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provided for the operating systems Windows, Linux and macOS as well as for
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mobile devices (iOs or Android).
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3.5. TeamSpeak operates a forum via TeamSpeak.com that enables the customer
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to publish contributions regarding the services of TeamSpeak, in particular
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questions, suggestions and assessments on TeamSpeak.com in the "Community"
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zone.
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3.6. The customers additionally have the possibility to upload own software
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programmes onto the TeamSpeak websites, which are compatible with the
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software solutions of TeamSpeak (hereinafter referred to as "Add-ons") and
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to offer these to third parties for downloading as well as to download the
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Add-ons offered by third parties via TeamSpeak.com.
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A. Conclusion of Contract
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4. Conclusion of the contract with the acquisition of licences for the software
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4.1. A contract will be concluded with TeamSpeak concerning the software
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solutions of these General Business Terms as described below:
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4.1.1 "Unlicensed": The contract concerning the free use of the licence
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model "Unlicensed" shall be concluded by the downloading of the
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respective software solution by the customer and the fact that the
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software solution is made available by TeamSpeak.
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4.1.1.1 For this purpose, the customer will press the button on
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TeamSpeak.com with the inscription "Licensing Overview" and
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subsequently the button displayed under the description of the
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licence model "Unlicensed" with the inscription "Download".
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4.1.1.2 The customer has the possibility to download and use the
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software solution without registering or otherwise having to send
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data to TeamSpeak.
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4.1.1.3 A binding contract will be concluded between TeamSpeak and
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the customer concerning the use of the software solution in the
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licence model "Unlicensed" when the software solution is
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downloaded.
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4.1.2 "NPL": The contract concerning the free use of the licence model
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"NPL" shall be concluded as follows:
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4.1.2.1 The customer will press the button with the inscription
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"Licensing Overview" and subsequently the button displayed under
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the description of the licence model "NPL" with the inscription
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"Register" on TeamSpeak.com.
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4.1.2.2 The customer will press the button on the displayed
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overview with the inscription "Continue to NPL Application." and
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confirm the existence of the pre-requisites of a non-commercial
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grouping or the capacity as a consumer by pressing the button with
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the inscription "Continue". It will additionally confirm the
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licence conditions and these General Business Terms by pressing the
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button with the inscription "I agree".
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4.1.2.3 By pressing the "Submit" button the customer will send an
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offer for the conclusion of the contract concerning the licence
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model "NPL" to TeamSpeak. Before pressing the button with the
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inscription "Submit" the customer has the possibility to delete or
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correct its input or to also interrupt the process by pressing the
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"Back" button of its browser at all times.
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4.1.2.4 The customer will receive a confirmation e-mail from
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TeamSpeak to the e-mail address entered during the registration
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process, which confirms the receipt of the customer's offer by
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TeamSpeak. A contract will not be concluded with the receipt of
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this confirmation e-mail by the customer.
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4.1.2.5 TeamSpeak shall accept the offer of the customer by making
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the software solution available for downloading. A binding contract
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concerning the use of the software solution in the licence model
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"NPL" is hereby concluded between TeamSpeak and the customer.
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4.1.2.6 The customer will receive a confirmation e-mail from
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TeamSpeak to the e-mail address entered during the registration
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process, in which the essential contents of the concluded contract
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are summarised. The General Business Terms will also be sent to the
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customer with this confirmation e-mail.
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4.1.3 "AAL": The contract concerning the use of the licence model "AAL"
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against payment will be conclude as follows:
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4.1.3.1 The customer registers for a customer account for
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TeamSpeak.com: The customer presses the button with the inscription
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"Sales" and subsequently the button with the inscription "Continue
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to register for an account." It will complete the displayed
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registration form and send this by pressing the button with the
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inscription "Register".
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4.1.3.2 The customer will receive an overview of the data entered
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by it and will be given the possibility to correct or delete these
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after pressing the button with the inscription "Modify" or to also
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discontinue the registration process by closing the browser window
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or pressing the "Back" button of the browser.
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4.1.3.3 When pressing the button with the inscription "Confirm" the
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customer submits a binding offer for the conclusion of a contract
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concerning the opening of its customer account
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4.1.3.4 TeamSpeak shall send a confirmation e-mail to the customer
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with a confirmation link and a password.
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4.1.3.5 TeamSpeak will display the licence models offered to the
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customer in the customer area of its customer account. With this
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display TeamSpeak submits a binding offer for the conclusion of a
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contract with the customer concerning the displayed licence models.
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4.1.3.6 The customer will select the licence "TeamSpeak 3 Annual
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Activation License" requested by it in its customer account and
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press the button with the inscription ”Add”. By pressing the
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button ”Add” the customer accepts the offer of TeamSpeak for the
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conclusion of the contract and a binding contract will be concluded
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regarding the use of the software solution in the licence model
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"AAL".
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4.1.3.7 The customer will receive a confirmation e-mail from
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TeamSpeak to the e-mail address entered during the registration
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process, in which the essential contents of the concluded contract
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are summarised.
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4.1.4 "ATHP": The contract concerning the use of the licence model
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"ATHP" against payment shall be concluded as follows:
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4.1.4.1 The customer will register for a customer account for
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TeamSpeak.com. The steps of the registration are oriented to
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Subclauses 4.1.3.1 to 4.1.3.4 of these General Business Terms.
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4.1.4.2 The customer will select the licence "TeamSpeak 3 ATHP
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Application" requested by it in its customer account and press the
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button with the inscription ”Add”. An invoice for the $50 USD
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application fee will be generated. Once the customer has paid the
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application fee, TeamSpeak will send an e-mail to the customer with
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instructions to complete the application process (as described
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below).
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4.1.4.3 The customer sends to TeamSpeak the completed application
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form, the signed licence agreement, a copy of the personal identity
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card or passport of a person, who is entitled to representation as
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well as the application for trade registration or a business
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licence or any other document which identifies the customer as an
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entrepreneur within the meaning of clause 2.3 of this General
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Business Terms. The documents will be sent to TeamSpeak by e-mail
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to the e-mail address athps@teamspeak.com or by fax to the fax
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number +1-619-600-0676. With the sending of the aforementioned
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documents the customer submits a binding offer for the conclusion
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of a contract.
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4.1.4.4 TeamSpeak will send a confirmation e-mail to the customer
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to the e-mail address deposited in the customer account, which
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confirms the receipt of the customer's offer. A contract will not
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be concluded with the receipt of this confirmation e-mail.
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4.1.4.5 TeamSpeak will accept the offer of the customer by making
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the software solution available for downloading in the customer
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area of the customer account. A binding contract will be concluded
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between the customer and TeamSpeak concerning the use of the
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software solution in the licence model "ATHP" when the software
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solution is made available.
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4.1.4.6 The customer will receive a confirmation e-mail from
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TeamSpeak to the e-mail address entered within the framework of the
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registration, in which the essential contents of the concluded
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contract are summarised.
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4.1.5 "Software Development Kit" (hereinafter referred to as "SDK"):
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The contract concerning the use of the licence model "SDK" against
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payment shall be concluded by the individual contract concluded with
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the customer.
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4.1.5.1 The customer will contact TeamSpeak by e-mail at the e-mail
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address ts3sdk@teampeak.com or bizdev@teamspeak.com or by telephone
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under the number +1-619-312-6255.
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4.1.5.2 TeamSpeak will send an offer to the customer concerning the
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services requested by the customer in a text form to the e-mail
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address entered by the customer. With this e-mail TeamSpeak submits
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a binding offer for the conclusion of a contract at the conditions
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described in the e-mail.
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4.1.5.3 A binding contract concerning the use of the licence model
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"SDK" will be concluded through the acceptance of the offer of
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TeamSpeak by the customer in a text form.
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5. Conclusion of contract concerning the mediation of server places
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5.1. The customer will be forwarded to the Internet presence of the third
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party provider via TeamSpeak.com.
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5.2. A contract will be exclusively concluded between the customer and the
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respective third party in the event of the mediation of server places
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offered by a third party.
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6. Conclusion of contract concerning the licensing of the client
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6.1. A contract concerning the licensing of the client will be concluded as
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follows:
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6.1.1 The customer will press the button with the inscription
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“Download” on TeamSpeak.com. The customer will be directed to a
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sub-domain which shows all available versions of the Client (Windows,
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Linux and macOS as well as the versions for mobile devices).
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6.1.2 The customer will select the version which fits to his needs and
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will press the button with the inscription “Download” which is
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displayed next to the version he has chosen.
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6.1.3 If the customer choses the versions Windows, Linux or macOS, by
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pressing the button “Download” the customer submits a binding offer for
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the conclusion of the contract. A binding contract is concluded if and
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when the client is successfully downloaded.
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6.1.4 If the customer choses a version for mobile devices, the customer
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will be directed to the internet-shop “Apple AppStore” (iOS) or
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|
|
“Android Market” (Android). The customer gets the possibility to
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|
download the client within the terms and conditions of the provider of
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|
the respective shop. The customer should inform himself about these
|
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|
terms and conditions in the shop of the third-party provider.
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7. Conclusion of contract concerning the upload and download of Add-ons
|
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|
7.1. TeamSpeak only makes the platform available for the purpose of
|
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|
|
uploading and downloading Add-ons. The contract concerning the use of the
|
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|
respective Add-On shall be exclusively concluded between the customer,
|
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|
|
which uploads the Add-On and the customer, which downloads the Add-On.
|
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7.2. In order to upload Add-ons the customer must register for a customer
|
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|
|
account as a Developer (hereinafter referred to as "Developer Account").
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7.3. For this purpose, the customer will press the button with the
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|
inscription "MyTeamSpeak" and on the subsequently displayed subpage the
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button with the inscription "Register".
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7.4. The customer will complete the displayed registration form with
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details of an e-mail address and a password and press the button with the
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|
inscription "Register".
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7.5. TeamSpeak will send a confirmation e-mail to the customer with a
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confirmation link.
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7.6. The customer will press the confirmation link contained in the e-mail
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and will be kept in its customer account under the menu item "Dashboard".
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7.7. The customer will press the button in its customer account with the
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inscription "Become a developer". By entering its name and mobile phone
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number the customer completes a registration form and presses the button
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with the inscription "Send confirmation code".
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7.8. TeamSpeak will send a confirmation code to the mobile phone number
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entered by the customer with a limited period of validity.
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7.9. The customer will enter the confirmation code in the form field
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envisaged for this purpose and press the button with the inscription
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"Confirm".
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7.10. In order to download Add-ons the customer does not have to register
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for a customer account. The downloading is made possible free of charge on
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the subpage "MyTeamSpeak" and without registration.
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8. Conclusion of a contract with the use of the forum
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8.1. The customer shall press the button with the inscription "Forum" and
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subsequently the button with the inscription "Register".
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|
8.2. The customer will complete the registration form displayed after
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pressing the "Register" button.
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8.3. After completing the registration form the customer will press the
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button with the inscription "Complete Registration". It can correct its
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data at all times until the "Complete Registration" button is pressed or
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discontinue the registration by closing its browser window or pressing the
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"Back" button of its browser.
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8.4. The customer will receive a confirmation of receipt from TeamSpeak,
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which contains a confirmation link. This confirmation of receipt does not
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represent an offer for the conclusion of a contract by TeamSpeak, but
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merely serves to verify the customer's data.
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8.5. The customer can press the confirmation link and then log-in to its
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customer account. When pressing the confirmation link the customer submits
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a binding offer concerning the free use of the forum.
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8.6. With the provision of the customer account TeamSpeak accepts the offer
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of the customer so that a binding contract is concluded.
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B. Special terms for the aforementioned contracts
|
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|
9. Licence fees for the software solutions
|
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|
9.1. Licence fees within the framework of the licence model "ATHP":
|
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|
9.1.1 A flat rate basic fee as well as use-based regular licence fees
|
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|
are to be paid for the use of the software solution in the licence
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|
model "ATHP".
|
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|
9.1.2 The basic fee is a flat rate of 50 U.S. Dollars and will be due
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|
and payable one time upon conclusion of the contract.
|
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|
9.1.3 The amount of the recurring licence fees for the granting of the
|
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licence in the licence model "ATHP" will be determined based on the
|
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actual use of the number of slots per calendar day. For this purpose
|
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the number of used slots by the virtual server will be transmitted
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|
daily to a server operated by TeamSpeak. The customer obligates towards
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TeamSpeak not to take any measures, which are suitable for preventing
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|
|
this transmission or for changing the transmission result. The regular
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licence fees will be due and payable ten workdays after receipt of the
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invoice by the customer.
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|
9.1.4 A minimum licence fee shall be deemed as agreed between the
|
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|
customer and TeamSpeak. For the first year in which the licence is used
|
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|
this is the licence fee for a use of 200 used slots and for each
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|
|
further year in which the licence is used the licence fee for a use of
|
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|
1000 used slots. If the minimum licence fee is not achieved the
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|
customer, nevertheless, has to pay licence fees in the amount of the
|
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|
minimum licence fee.
|
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|
9.2. Subject to Subclause 9.1 of these General Business Terms or a
|
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|
|
deviating agreement between the customer and TeamSpeak the licence fees
|
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|
|
stated in the service specifications for the respective licence model shall
|
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|
be deemed as agreed.
|
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|
9.3. TeamSpeak is entitled to change the licence fees within the framework
|
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|
|
of a further development of the software solutions or due to the adjustment
|
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|
|
to the market situation.
|
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|
|
9.4. In the event of a price adjustment a list with the changed prices will
|
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|
be sent to the customer in a text form.
|
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|
9.5. The customer has the possibility to terminate the licence agreement
|
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|
|
extraordinarily without notice within a deadline of four weeks beginning
|
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|
|
with the receipt of the notification described in Subclause 9.4 of these
|
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|
|
General Business Terms.
|
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|
9.6. The customer has the possibility to object to the price adjustment
|
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|
|
within a deadline of four weeks beginning with the receipt of the
|
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|
|
notification described in Subclause 9.4 of these General Business Terms. In
|
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|
|
the event of an objection of the customer TeamSpeak is entitled to
|
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|
|
terminate the contract extraordinarily within a deadline of four weeks
|
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|
|
beginning with the receipt of the objection by TeamSpeak.
|
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|
|
10. Price details and terms of payment concerning the licensing of the software
|
|
|
|
|
solutions
|
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|
|
|
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|
|
10.1. All prices or price details stated by TeamSpeak shall always concern,
|
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|
even if an explicit currency detail is missing, US Dollar, insofar as not
|
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|
|
agreed otherwise between the parties.
|
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|
10.2. All prices or price details shall be deemed plus the respective
|
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|
|
applicable value added tax as well as public duties, which possibly
|
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|
|
continue to be due.
|
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|
10.3. Only the payment possibilities displayed under the menu item "Pay"
|
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|
|
are open to the customer with orders via TeamSpeak.com, whereby TeamSpeak
|
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|
|
explicitly reserves the right to refuse a payment method selected by the
|
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|
|
customer in the contractual offer.
|
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|
|
10.4. In case of orders by telephone or orders sent by e-mail, fax or post
|
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|
|
the payment by bank transfer is agreed as payment in advance subject to a
|
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|
|
|
deviating agreement, whereby the remuneration of TeamSpeak will be due and
|
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|
|
payable upon conclusion of the contract, i.e. that the customer is obliged
|
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|
|
to pay the remuneration in advance.
|
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|
|
10.5. In the event of the agreement of a payment by invoice the payment
|
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|
|
will be due and payable within fourteen days from the time when the invoice
|
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|
|
is received by the customer.
|
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|
|
10.6. TeamSpeak is entitled to only carry out or provide still outstanding
|
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|
|
services against advance payment or provision of security if it becomes
|
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|
|
aware of circumstances after conclusion of the contract, which are suitable
|
|
|
|
|
for substantially reducing the creditworthiness of the customer and through
|
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|
|
|
which the payment of the outstanding receivables of TeamSpeak by the
|
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|
|
|
customer from the respective contractual relationship (including from other
|
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|
|
individual orders) is jeopardised.
|
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|
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|
|
11. Termination of the contracts concerning the licensing of the software
|
|
|
|
|
solutions
|
|
|
|
|
|
|
|
|
|
11.1. The contracts have the contractual term stated in the service
|
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|
|
|
specifications (hereinafter referred to as "minimum contractual term"),
|
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|
|
|
i.e.
|
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|
|
11.1.1 The contract concerning the licence model "Unlicensed" has no
|
|
|
|
|
fixed contractual term. The licence model can be used by the customer
|
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|
|
at all times as long as TeamSpeak offers this licence model.
|
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|
|
|
11.1.2 The contract concerning the licence model "NPL" has a minimum
|
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|
|
|
contractual term of six months.
|
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|
|
11.1.3 The contract concerning the licence model "AAL" has a minimum
|
|
|
|
|
contractual term of twelve months.
|
|
|
|
|
11.1.4 The contract concerning the licence model "ATHP" has a minimum
|
|
|
|
|
contractual term of twelve months.
|
|
|
|
|
11.1.5 The contract concerning the licence model "SDK" has the
|
|
|
|
|
individually agreed minimum contractual term.
|
|
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|
|
11.2. The licence agreement can be terminated by the customer at all times
|
|
|
|
|
as of the end of the minimum contract term without adhering to a period of
|
|
|
|
|
notice. TeamSpeak can terminate the licence agreement at all times by
|
|
|
|
|
adhering to a period of notice in the amount of half the period of the
|
|
|
|
|
minimum contractual term as of the end of the minimum contractual term.
|
|
|
|
|
11.3. The contract will be extended automatically by the minimum
|
|
|
|
|
contractual term if none of the parties terminates the contract as of the
|
|
|
|
|
end of the minimum contractual term. With the licence model "NPL" the
|
|
|
|
|
contract will only be extended automatically if the customer has used the
|
|
|
|
|
software solution within a period of one month before termination of the
|
|
|
|
|
minimum contractual term; otherwise the contract will end automatically
|
|
|
|
|
with the termination of the minimum contractual term.
|
|
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|
|
11.4. The right of both parties to the extraordinary termination shall
|
|
|
|
|
remain unaffected.
|
|
|
|
|
11.5. An extraordinary right of termination for TeamSpeak shall in
|
|
|
|
|
particular exist,
|
|
|
|
|
11.5.1 if the customer is in default with two consecutive invoices
|
|
|
|
|
regarding the licence payment.
|
|
|
|
|
11.5.2 if the customer repeatedly falls short of the minimum licence
|
|
|
|
|
fee with a contract concerning the licence model "ATHP".
|
|
|
|
|
11.5.3 if, despite a warning, the customer repeatedly breaches its
|
|
|
|
|
obligations from the licence agreement, including these General
|
|
|
|
|
Business Terms, and the breaches are not insignificant.
|
|
|
|
|
11.5.4 if the customer, despite a warning by TeamSpeak, repeatedly
|
|
|
|
|
breaches its main obligation under this contract and is responsible for
|
|
|
|
|
the breach.
|
|
|
|
|
11.5.5 if the customer has selected the licence models "Unlicensed" or
|
|
|
|
|
"NPL" without having the capacity as a consumer or non-commercial
|
|
|
|
|
grouping or this capacity has subsequently ceased to exist. In this
|
|
|
|
|
case the right is reserved to assert damages.
|
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|
|
|
11.6. Each termination requires a text form.
|
|
|
|
|
|
|
|
|
|
12. Obligations of the customer concerning the use of the client
|
|
|
|
|
|
|
|
|
|
12.1. The customer has the obligation and responsibility to make use of
|
|
|
|
|
data backups at sufficient intervals. TeamSpeak assumes no responsibility
|
|
|
|
|
for any loss of data resulting from a breach of this obligation. This does
|
|
|
|
|
not apply if TeamSpeak is responsible for the breach.
|
|
|
|
|
12.2. The customer shall make use of virus protection following the latest
|
|
|
|
|
technical standards.
|
|
|
|
|
12.3. Standard software upgrades are free of charge, if and when they
|
|
|
|
|
become available. The customer has the responsibility to install client
|
|
|
|
|
upgrades promptly after publication. Otherwise the usability of the client
|
|
|
|
|
may be restricted.
|
|
|
|
|
|
|
|
|
|
13. Termination of the contracts concerning the client
|
|
|
|
|
|
|
|
|
|
13.1. The customer is entitled to terminate this agreement at any time by
|
|
|
|
|
removal of the client from all devices.
|
|
|
|
|
13.2. The mutual right for premature extraordinary termination (also
|
|
|
|
|
without previous notice) remains unaffected
|
|
|
|
|
13.3. Any termination requires the immediate removal of the client.
|
|
|
|
|
|
|
|
|
|
14. Publication of contributions in the forum
|
|
|
|
|
|
|
|
|
|
14.1. The registered customer has the possibility to publish contributions
|
|
|
|
|
via the customer area of its customer account in the "Forum" zone on
|
|
|
|
|
TeamSpeak.com.
|
|
|
|
|
14.2. For the purpose of publishing a new contribution the customer will
|
|
|
|
|
upload the contribution by pressing the "Post New Thread" button . When
|
|
|
|
|
replying to the contribution of another customer the customer will press
|
|
|
|
|
the button with the inscription "Reply To Thread" in order to publish its
|
|
|
|
|
reply contribution. The contribution will be transmitted to TeamSpeak
|
|
|
|
|
hereby and published by TeamSpeak on TeamSpeak.com.
|
|
|
|
|
14.3. TeamSpeak does not check the contributions before publication. In the
|
|
|
|
|
event of a reference to the unlawful nature of a contribution TeamSpeak
|
|
|
|
|
explicitly reserves the right to delete individual contributions.
|
|
|
|
|
14.4. The customer undertakes towards TeamSpeak not to publish any
|
|
|
|
|
contributions, which violate the laws of the Federal Republic of Germany or
|
|
|
|
|
infringe the rights of third parties.
|
|
|
|
|
14.5. The customer shall indemnify TeamSpeak from all rights of third
|
|
|
|
|
parties, which these assert against TeamSpeak owing to the publication of
|
|
|
|
|
contributions on TeamSpeak.com by the customer. Subject to the approval of
|
|
|
|
|
the customer TeamSpeak will not submit any acknowledgements or other
|
|
|
|
|
legally relevant declarations, which substantiate the asserted claims of
|
|
|
|
|
the third party.
|
|
|
|
|
14.6. The indemnification obligation described in Subclause 14.5 of these
|
|
|
|
|
General Business Terms shall cease to apply if the circumstances which
|
|
|
|
|
substantiate the claims of the third party are verifiably due to a grossly
|
|
|
|
|
negligent or wilful misconduct of TeamSpeak.
|
|
|
|
|
14.7. TeamSpeak undertakes to inform the customer immediately of the filing
|
|
|
|
|
of actions against it or the assertion of claims and to give it the
|
|
|
|
|
possibility to take over the legal defence.
|
|
|
|
|
|
|
|
|
|
15. Termination of the user account for the forum
|
|
|
|
|
|
|
|
|
|
15.1. The customer has the possibility to have its customer account deleted
|
|
|
|
|
by TeamSpeak at all times. For this purpose the customer will send the
|
|
|
|
|
deletion request to TeamSpeak in a text form. A termination is also
|
|
|
|
|
possible towards a moderator of the forum in a text form. TeamSpeak will
|
|
|
|
|
delete the customer's forum account immediately after receipt of the
|
|
|
|
|
termination. Contributions published by the customer can be deleted or
|
|
|
|
|
anonymised at the discretion of TeamSpeak. The contract concerning the use
|
|
|
|
|
of the customer account will end with the deletion.
|
|
|
|
|
15.2. TeamSpeak is entitled to terminate the contract concerning the use of
|
|
|
|
|
the customer account at all times by adhering to a period of notice of
|
|
|
|
|
three months to the end of the quarter of a calendar year.
|
|
|
|
|
15.3. The right to the extraordinary termination of both parties shall
|
|
|
|
|
remain unaffected. A right to the extraordinary termination shall in
|
|
|
|
|
particular exist if the customer, despite a warning, repeatedly breaches
|
|
|
|
|
its obligations from Subclause 14.4 of these General Business Terms and the
|
|
|
|
|
breach is not insignificant.
|
|
|
|
|
15.4. Each termination shall require a text form.
|
|
|
|
|
|
|
|
|
|
16. Publication of Add-ons
|
|
|
|
|
|
|
|
|
|
16.1. If the customer is registered as a Developer it has the possibility
|
|
|
|
|
to upload Add-ons and therefore offer these to third parties for download
|
|
|
|
|
free of charge
|
|
|
|
|
16.2. In order to upload Add-Ons the customer will press the button with
|
|
|
|
|
the inscription "Upload Add-ons" in the customer area of its customer
|
|
|
|
|
account.
|
|
|
|
|
The customer will transmit the Add-ons uploaded to it by pressing the
|
|
|
|
|
button with the inscription "Add Addon" to TeamSpeak.
|
|
|
|
|
16.3. TeamSpeak publishes the Add-ons on "MyTeamSpeak".
|
|
|
|
|
16.4. TeamSpeak does not check the uploaded Add-ons before publication. In
|
|
|
|
|
the event of a reference to the unlawful nature of an Add-On TeamSpeak
|
|
|
|
|
explicitly reserves the right to delete individual contributions.
|
|
|
|
|
16.5. The customer undertakes towards TeamSpeak not to publish any Add-ons,
|
|
|
|
|
which violate the laws of the Federal Republic of Germany or infringe the
|
|
|
|
|
rights of third parties.
|
|
|
|
|
16.6. The customer shall indemnify TeamSpeak from all rights of third
|
|
|
|
|
parties, which these assert against TeamSpeak owing to the publication of
|
|
|
|
|
Add-ons on TeamSpeak.com by the customer. Subject to the approval of the
|
|
|
|
|
customer TeamSpeak will not submit any acknowledgements or other legally
|
|
|
|
|
relevant declarations, which substantiate the asserted claims of the third
|
|
|
|
|
party.
|
|
|
|
|
16.7. The indemnification obligation described in Subclause 16.6 of these
|
|
|
|
|
General Business Terms shall cease to apply if the circumstances which
|
|
|
|
|
substantiate the claims of the third party are verifiably due to a grossly
|
|
|
|
|
negligent or wilful misconduct of TeamSpeak.
|
|
|
|
|
16.8. TeamSpeak undertakes to inform the customer immediately of the filing
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of actions against it or the assertion of claims and to give it the
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possibility to take over the legal defence.
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17. Termination of the customer account as a Developer
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17.1. The customer has the possibility to have its customer account as
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Developer deleted by TeamSpeak at all times. For this purpose the customer
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will send the deletion request to TeamSpeak in a text form. TeamSpeak will
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delete the customer's Developer account immediately after receipt of the
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termination. Add-ons published by the customer will also be deleted
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immediately. With the deletion the contract will end concerning the use of
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the Developer account.
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17.2. TeamSpeak is entitled to terminate the contract concerning the use of
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the Developer account at all times by adhering to a period of notice of
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three months to the end of the quarter of a calendar year.
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17.3. The right to the extraordinary termination of both parties shall
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remain unaffected. A right to the extraordinary termination shall in
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particular exist if the customer, despite a warning, repeatedly breaches
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its obligations from Subclause 16.5 of these General Business Terms and the
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breach is not insignificant.
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17.4. Each termination shall require a text form.
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C. General terms
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18. Warranty
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18.1. The statutory warranty rights shall apply to consumers.
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18.2. The following provisions will apply towards entrepreneurs:
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18.2.1 The warranty rights of the customer shall become statute-barred
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within one year. This shall not apply to culpably caused damages that
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can be attributed to TeamSpeak from the injury to life, the body or the
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health and damages caused by gross negligence or wilful intent or
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fraudulent intent as well as with claims for recourse according to
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Sections 478, 479 BGB.
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18.2.2 A warranty on the part of TeamSpeak is excluded insofar as the
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defect was suffered due to circumstances, which TeamSpeak caused at the
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explicit request of the customer.
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18.2.3 The liability for damages, irrespective of fault, for initial
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defects according to Section 536a Par. 1 BGB is excluded.
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19. Liability
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19.1. TeamSpeak shall be liable in all cases of contractual and
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non-contractual liability in case of wilful intent and gross negligence
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according to the statutory provisions.
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19.2. In other cases TeamSpeak shall only be liable - insofar as not
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otherwise regulated in Subclause 19.3 of these General Business Terms -
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with a breach of a contractual obligation, the fulfilment of which makes
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the proper execution of the contract possible at all and on the compliance
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with which the customer may therefore, as a rule, rely upon (so-called
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cardinal obligation). The liability of TeamSpeak is excluded in all other
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cases, subject to the regulation in Subclause 19.3 of these General
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Business Terms.
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19.3. Insofar as TeamSpeak is fundamentally liable according to Subclause
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19.1 of these General Business Terms, this liability is limited to damages,
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which TeamSpeak foresaw as a possible consequence of a breach of contract
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upon conclusion of the contract or should have foreseen when applying the
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customary care and attention. Indirect damages and follow-up damages, which
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are the consequence of defects to the service by TeamSpeak, are in addition
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only capable of compensation insofar as such damages can typically be
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expected with the use of the service as intended.
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19.4. The liability of TeamSpeak for damages from the injury to life, the
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body or the health and according to the German Product Liability Act shall
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remain unaffected by the aforementioned liability limitations and
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exclusions.
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20. Offsetting, rights of retention and assignment
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20.1. The customer is only entitled to offset against claims against
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TeamSpeak, which have been declared final and binding or are undisputed.
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The same shall apply to the assertion of rights of retention.
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20.2. The assignment of claims against TeamSpeak to third parties is only
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possible with the written consent of TeamSpeak. This shall in particular
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also apply to an assignment of the licence granted by TeamSpeak to third
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parties.
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21. Text form
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21.1. Addendums and amendments to the reached agreements between TeamSpeak
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and the customer including these General Business Terms shall require a
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text form in order to be valid.
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21.2. With the exception of managing directors or authorized signatories
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the employees of TeamSpeak are not entitled to reach oral agreements, which
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deviate from these regulations.
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22. Applicable law and place of jurisdiction
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22.1. German law will apply. With consumers this choice of law will only
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apply insofar as the protection granted by mandatory provisions of the law
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of the state of the consumer's customary place of above is not withdrawn
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hereby (principle of favourability).
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22.2. The place of performance for all services from the business
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relationships existing with TeamSpeak as well as the place of jurisdiction
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is the registered seat of TeamSpeak, insofar as the user is not a consumer,
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but a merchant, legal entity under public law or special fund under public
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law. The same shall apply if the user does not have a general place of
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jurisdiction in Germany or the EU or the place of residence or customary
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place of abode is not known at the time when the action is filed. The
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authorization to also bring the matter before the court at another
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statutory place of jurisdiction, shall remain unaffected hereby.
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22.3. The provisions of the UN Convention on Contracts for the
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International Sale of Goods will explicitly not apply.
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II. Customer information
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1. Identity of the provider
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TeamSpeak Systems GmbH
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Soiernstr. 1
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82494 Krün
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Phone: +49-8825-920-2000
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E-mail: info@teamspeak.com
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2. Information regarding the conclusion of the contract
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The technical steps for the conclusion of the contract, the conclusion of the
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contract itself and the possibilities for correction are carried out according
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to clause B. of the General Business Terms (Part I).
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3. Contractual language, storage of contractual text
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The contractual language is German.
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The full contractual text is not stored by TeamSpeak. Before sending the
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respective offer the offer data can be printed out or stored electronically
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|
through the print function of the browser. With the acceptance of the offer by
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TeamSpeak the contractual data, the information stipulated by law with distance
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selling contracts and the General Business Terms will be sent to the user by
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e-mail once again.
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4.Essential features of the goods and services
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The essential features of the goods and services can be found in the service
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specifications and the supplementary details on TeamSpeak.com.
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5.Prices and payment modalities
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All prices and payment modalities can be seen during the conclusion of the
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respective contract as well as above in the General Business Terms (Part I.).
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6.Statutory right to liability for defects
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The statutory rights to liability for defects shall exist towards consumers.
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7.Term of contract, termination
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You can find information relating to the term of the contract as well as the
|
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|
|
terms and conditions for the termination in the respective service
|
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|
|
specifications as well as in B. of the General Business Terms.
|
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Privacy statement
|
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|
TeamSpeak Systems GmbH
|
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1. Scope
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|
1.1 Please find information below concerning the collection, storage and
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|
|
processing of personal data when using the websites operated by TeamSpeak
|
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|
Systems GmbH under the domains teamspeak.com, teamspeakusa.com and
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|
|
myteamspeak.com (hereinafter the first and the second one referred to as
|
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|
|
"TeamSpeak.com" and the last one referred to as "Myteamspeak.com"; all of
|
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|
|
them jointly referred to as "TeamSpeak Websites"), especially but not
|
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|
|
restricted to the download of the software solutions "TeamSpeak 3" and
|
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|
|
"TeamSpeak 3 Software Development Kit" (hereinafter referred to as
|
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|
|
"software solutions"), download and use of the TeamSpeak Software Client
|
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|
|
(for PC or for mobile devices), participation in the forum as well as the
|
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|
|
down- and upload of own software programmes onto the TeamSpeak websites,
|
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|
|
which are compatible with the software solutions of TeamSpeak (hereinafter
|
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|
|
referred to as "Add-ons") as well as rent of servers.
|
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|
|
1.2 Personal data are all data, which can refer back to you personally,
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|
i.e. could be associated with your person. These are in particular name,
|
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|
|
e-mail address, address, telephone number, user behaviour, IP address, etc.
|
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|
2. Service provider
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2.1 The service provider according to Section 13 German Telemedia Act and
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the responsible body according to Section 3 Par. 7 Federal Data Protection
|
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|
|
Act is TeamSpeak Systems GmbH, Soiernstr. 1, 82494 Krün, entered in the
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|
|
register of companies of Munich County Court under the register number HRB
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|
172523 (hereinafter referred to as "TeamSpeak").
|
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|
|
2.2 The TeamSpeak Websites contain links, by activating which you will be
|
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|
|
forwarded to the websites of third parties. TeamSpeak explicitly points out
|
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|
that in this case you must inform yourself on the linked website about the
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|
|
collection, storage and processing of personal data by the third party
|
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|
provider, as TeamSpeak has no influence on such a process.
|
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3. Information
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|
3.1 You are entitled to request detailed information from TeamSpeak at all
|
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|
|
times regarding the data stored and processed relating to your person as
|
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|
|
well as their origin, the purpose of the storage and processing as well as
|
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|
|
the recipients or categories of recipients, to whom these data are
|
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forwarded.
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|
3.2 Please direct the enquiry for information by e-mail to
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|
privacy@teamspeak.com.
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4. Revocation
|
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4.1 You can revoke your consent to the storage, collection and processing
|
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|
|
of your personal data at all times.
|
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|
4.2 Please send your revocation by e-mail to privacy@teamspeak.com or by
|
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|
|
e-mail, telephone, post or fax to the contact details stated in the imprint
|
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|
|
of the TeamSpeak Websites.
|
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|
5. Use of cookies
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|
5.1 Cookies are stored on your computer when using the TeamSpeak Websites,
|
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|
|
even if the TeamSpeak Websites are used purely for informational purposes.
|
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|
5.2 Cookies are small text files, which are stored on your hard disk drive,
|
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|
|
allocated to the browser used by you, are stored and through which certain
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|
|
information is conveyed to the agency, which places the cookie. Cookies
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|
|
cannot carry out any programme and, above all, not transmit any viruses to
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|
your computer either. Cookies serve in particular to design the TeamSpeak
|
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|
|
Websites more user-friendly.
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|
5.3 If you have a user account for the TeamSpeak Websites , cookies in
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|
|
particular serve to identifying you for follow-up visits to the TeamSpeak
|
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|
|
Websites. This prevents that you must log-in once again for each visit.
|
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|
|
5.4 The TeamSpeak Websites use the following types of cookies:
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* Transient cookies, i.e. with temporary use
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* Persistent cookies, i.e. with time-limited use
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* Third party cookies, i.e. cookies of third party providers
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|
5.5 Transient cookies will be deleted as soon as you close your browser.
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|
These shall in particular include the so-called session cookies. Session
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|
cookies store a session-ID, with which the enquiries of your browser can be
|
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|
|
allocated to the session so that your computer can be recognised again by
|
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|
|
the system when you return to the TeamSpeak Websites. As soon as you
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|
log-out or close your browser, all session cookies will be deleted
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|
automatically.
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|
5.6 Persistent cookies will only be deleted after a duration that depends
|
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|
|
on the respective cookie, which goes beyond the session, however no later
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|
|
than two months after the cookie was set. You can delete these cookies
|
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|
|
yourself at all times in the security settings of your browser.
|
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|
|
5.7 In your browser settings, you can adjust the use of cookies
|
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|
|
individually and also prevent this completely. You can also completely
|
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|
|
prevent the use of third party cookies. In this case it is, however,
|
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|
|
possible that you will not be able to use all functions of the TeamSpeak
|
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|
|
Websites.
|
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|
5.8 The information stored via cookies will be stored separately from your
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|
other personal data and not linked with such data.
|
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|
5.9 TeamSpeak points out that the third party providers, which collect data
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|
|
by using cookies, also use data regarding the use of the TeamSpeak Websites
|
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|
for user-generated advertising on other websites. TeamSpeak has no
|
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|
influence on this data collection.
|
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|
6. Informational use of the TeamSpeak Websites
|
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|
6.1 In case of a purely informational use of the TeamSpeak Websites,
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|
TeamSpeak will only collect the data transmitted by your browser, these
|
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|
are:
|
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|
|
* Your IP address
|
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|
|
* Date, time and duration of your visit to the respective website of the
|
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|
|
TeamSpeak Websites
|
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|
|
* Your user behaviour, i.e. your visit to the TeamSpeak Websites,
|
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|
|
subpages of the TeamSpeak Websites as well as the order of your visits,
|
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|
|
clicks carried out as well as time spent on individual pages and
|
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|
|
subpages
|
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|
|
* Time zone difference to the Greenwich Mean Time
|
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|
|
* The access status / http-status code
|
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|
|
* Concretely transmitted data volumes
|
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|
* Operating system and its interface
|
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|
|
* Browser as well as language and version of the browser software
|
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|
|
* The website, from which the request comes
|
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|
|
When using a mobile device for visiting the TeamSpeak Websites the
|
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|
|
following data will be additionally stored:
|
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|
|
* Type of mobile device and its settings
|
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|
|
* Your location, from where you are accessing the TeamSpeak Websites
|
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|
|
6.2 A purely informational use of the TeamSpeak Websites exists if you do
|
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|
|
not register for a customer account or a forum account, do not make any
|
|
|
|
|
enquiry via the TeamSpeak Websites, nor download the software solutions or
|
|
|
|
|
the TeamSpeak Software Client or send any other information regarding your
|
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|
|
person to TeamSpeak either.
|
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|
|
7. Data collection when acquiring licences for the software solutions via
|
|
|
|
|
TeamSpeak.com
|
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|
|
7.1 If you acquire licences for the software solutions via the TeamSpeak
|
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|
|
Websites, you must create a customer account. An order without an existing
|
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|
|
or a customer account that is to be newly created is not possible.
|
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|
|
7.2 When registering for a user account your data given during the
|
|
|
|
|
registration process - subject to a deletion of your user account by
|
|
|
|
|
TeamSpeak that can be carried out at all times upon request by you - will
|
|
|
|
|
be stored.
|
|
|
|
|
7.3 The data transmitted by you will, in particular, be used for the mutual
|
|
|
|
|
fulfilment of the contract. For this purpose, your data will, if
|
|
|
|
|
applicable, also be forwarded to the partner that is required in order to
|
|
|
|
|
fulfil the contract. This is, for example, the payment service provider Pay
|
|
|
|
|
Pal Inc., 2211 North First Street, 95131 San José, California, USA
|
|
|
|
|
(hereinafter referred to as "PayPal"). You will find further information
|
|
|
|
|
relating to the forwarding of your personal data to third parties under
|
|
|
|
|
Subclause 11 of this privacy statement.
|
|
|
|
|
7.4 TeamSpeak additionally uses your personal data for the purpose of
|
|
|
|
|
marketing and advertising for the services of TeamSpeak. However, without
|
|
|
|
|
your separate consent information will only be send to you for this purpose
|
|
|
|
|
relating to services of TeamSpeak, which are similar to the services used
|
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|
|
by you.
|
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7.5 You have the possibility to have your customer account deleted by us at
|
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|
|
all times by sending a corresponding request to the e-mail address
|
|
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|
|
privacy@teamspeak.com or the data provided in the imprint of the TeamSpeak
|
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|
|
|
Websites. If your user account is deleted at your request your data will be
|
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|
|
|
deleted immediately, as soon as they are no longer required for the mutual
|
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|
|
|
fulfilment of the contract and TeamSpeak is not legally obliged to store
|
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that data.
|
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7.6 In order to prevent unauthorized accesses of third parties to your
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personal data, in particular financial data, the order process will be
|
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encrypted per SSL technology.
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8. Download of the TeamSpeak Software
|
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|
8.1 Download of the TeamSpeak Client Software
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* If you choose a version for mobile devices, you will be directed to the
|
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|
|
internet-shop “Apple AppStore” (iOS) or “Android Market” (Android). The
|
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third party provider may collect, store and process your personal data.
|
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Please inform yourself about the collection, storage and processing of
|
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|
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data by the third part provider, as TeamSpeak has no influence on such
|
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a process.
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* During the download process TeamSpeak itself does not collect, store
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and process personal data in addition to that stated before. Subclauses
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5 and 6 and 7.2 until 7.6 of this privacy statement apply accordingly.
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* If you choose to download a version of the TeamSpeak Software Client
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for PC Subclauses 5, 6 and 7.2 until 7.6 of this privacy statement
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apply accordingly. TeamSpeak does not collect, store and process any
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additional personal data from you.
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8.2 Download of the TeamSpeak Server Software
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* By downloading TeamSpeak Server software via Docker, the third part may
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collect, store and process personal data. Please inform yourself about
|
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|
|
the collection, storage and processing of data by the third party
|
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|
provider, as TeamSpeak has no influence on such a process.
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* During the download process TeamSpeak itself does not collect, store
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and process personal data in addition to that stated before. Subclauses
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5 and 6 and 7.2 until 7.6 of this privacy statement apply accordingly.
|
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|
* If you choose to download a version of the TeamSpeak Software Server
|
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for PC Subclauses 5, 6 and 7.2 until 7.6 of this privacy statement
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apply accordingly. TeamSpeak does not collect, store and process any
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additional personal data from you.
|
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9. Special terms for the use of the TeamSpeak Software Client (PC)
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9.1 In the event of using the TeamSpeak Software Client TeamSpeak for PC
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TeamSpeak possibly collects, stores and processes the following data:
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* IP address
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* Used operation system and type (32 or 64 bit)
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* Data about your behavior (particularly clicks, used menus)
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* Crash report, if sent by the you (program line, incident, basic data of
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computer hardware used)
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9.2 TeamSpeak uses this data exclusively for quality assurance as well as
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further development of the software solutions and the TeamSpeak Software
|
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Client. The data mentioned above under Subclause 9.1 of this Privacy
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Statement will not be combined with other personal data stored about you.
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The data will be anonymized immediately for further use.
|
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9.3 If you do not agree with the collection, storage and processing of the
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data mentioned under clause 9.1 of this Privacy Statement you can change
|
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the status in the field “anonymous statistics” (following the menu items
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Settings - Options - Applications).
|
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9.4 You can revoke your consent to collect, store and process the data
|
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mentioned under clause 9.1 of this Privacy Statement at all times. Please
|
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|
send your revocation by e-mail to privacy@teamspeak.com or by e-mail,
|
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|
telephone, post or fax to the contact details stated in the imprint of the
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|
|
TeamSpeak Websites. All personal data, which can refer back to you
|
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|
personally, will be deleted without undue delay.
|
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|
9.5 The sending of a crash-report is subject to your separate consent which
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|
will be queried separately before you can send the report. You are not
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|
obligated to send a crash-report. If you send a crash-report, clause 9.2
|
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|
and 9.4 of this Privacy Statement apply accordingly.
|
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10. Server rent
|
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10.1 TeamSpeak itself does not collect, store and process any personal data
|
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|
in addition to that stated before. Subclauses 5, 6 and 7.2 and 7.6 of this
|
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|
|
privacy statement apply accordingly.
|
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|
10.2 TeamSpeak has no influence on the collection, storage and processing
|
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|
|
of your personal data by the lessor. Please inform yourself about the
|
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|
|
collection, storage and processing of data by the lessor.
|
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|
10.3 If you rent a server of a third party, this contract is just mediated
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|
by TeamSpeak.
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11. Use of the forum
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11.1 The forum can be read without this requiring a registration. In this
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|
case it concerns a purely informational use of the TeamSpeak Websites (cf.
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|
in this respect Subclause 6 of this privacy statement).
|
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|
11.2 In order to be able to actively participate in the forum you must
|
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|
register and create a forum account. A user name, a password, your date of
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|
|
birth and your e-mail address are to be entered with the registration. It
|
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|
|
is not compulsory to use a real name, a use under a pseudonym user name is
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|
possible.
|
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|
11.3 We use the so-called Double-Opt-In-procedure for the registration,
|
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|
|
i.e. your registration is only completed when you have previously confirmed
|
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|
|
your registration via a confirmation e-mail sent to you for this purpose by
|
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|
|
clicking on the link contained therein. If your corresponding confirmation
|
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|
|
is not carried out promptly, your registration will be automatically
|
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|
|
deleted from our database.
|
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|
11.4 The data entered by you with the registration are stored by us and
|
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|
|
linked with the contents published by you, which are also stored by
|
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|
|
TeamSpeak. These data are exclusively used in order to operate the forum
|
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|
|
and to process the contract concluded with you concerning the use of the
|
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|
|
forum.
|
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|
|
11.5 You have the possibility to have your forum account deleted by us at
|
|
|
|
|
all times by a corresponding request to the e-mail address
|
|
|
|
|
privacy@teamspeak.com or the data stated in the imprint of Teamsspeak.com.
|
|
|
|
|
In this case the personal data stored regarding your forum account will be
|
|
|
|
|
deleted immediately as soon as they are no longer required for processing
|
|
|
|
|
the contractual relationship concerning the use of the forum and we are not
|
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|
|
legally obliged to store said data either. Contributions published by you
|
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|
|
|
will be displayed anonymised under the marking "guest" after the successful
|
|
|
|
|
deletion of your forum account
|
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|
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|
|
12. Up- and Downloading of Add-Ons
|
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|
|
12.1 In order to be able to upload Add-Ons you must register for a customer
|
|
|
|
|
account as a Developer (hereinafter referred to as "Developer Account").
|
|
|
|
|
12.1.1 During the registration you must submit your e-mail-address,
|
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|
|
your name and your phone number.
|
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|
|
12.1.2 When registering for a developer account your data given during
|
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|
|
the registration process - subject to a deletion of your developer
|
|
|
|
|
account by us that can be carried out at all times upon request by you
|
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|
|
- will be stored.
|
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|
|
|
12.1.3 The data transmitted by you will, in particular, be used for the
|
|
|
|
|
mutual fulfilment of the contract as well as the assertion of claims in
|
|
|
|
|
the event that the Add-Ons uploaded by you violate the applicable Law
|
|
|
|
|
or our General Business Terms.
|
|
|
|
|
12.1.4 TeamSpeak additionally uses your personal data for the purpose
|
|
|
|
|
of marketing and advertising for the services of TeamSpeak. However,
|
|
|
|
|
without your separate consent information will only be send to you for
|
|
|
|
|
this purpose relating to services of TeamSpeak, which are similar to
|
|
|
|
|
the services used by you.
|
|
|
|
|
12.1.5 You have the possibility to have your developer account deleted
|
|
|
|
|
by us at all times by sending a corresponding request to the e-mail
|
|
|
|
|
address privacy@teamspeak.com or the data provided in the imprint of
|
|
|
|
|
the TeamSpeak Websites. If your user account is deleted at your request
|
|
|
|
|
your data will be deleted immediately, as soon as they are no longer
|
|
|
|
|
required for the mutual fulfilment of the contract and TeamSpeak is not
|
|
|
|
|
legally obliged to store this data.
|
|
|
|
|
12.2 In order to download Add-Ons you do not have to register for a
|
|
|
|
|
customer account. Subclauses 5 and 6 of this privacy statement apply
|
|
|
|
|
accordingly.
|
|
|
|
|
|
|
|
|
|
13. Use of the online enquiry; order by e-mail, fax or telephone
|
|
|
|
|
|
|
|
|
|
13.1 You also have the possibility to contact TeamSpeak online via your
|
|
|
|
|
customer account as well as by telephone and by e-mail.
|
|
|
|
|
13.2 The data sent or entered by you within the framework of such will be
|
|
|
|
|
used in order to answer your enquiry and to contact you by telephone or by
|
|
|
|
|
e-mail for this purpose and, if applicable, for the mutual fulfilment of
|
|
|
|
|
the contract. If your data are also used for the purpose of the mutual
|
|
|
|
|
fulfilment of the contract Subclauses 7.2 and 7.3 of this privacy statement
|
|
|
|
|
shall apply accordingly.
|
|
|
|
|
|
|
|
|
|
14. Social networks and services of third parties
|
|
|
|
|
|
|
|
|
|
14.1 TeamSpeak uses social media plug-ins of the social networks Facebook,
|
|
|
|
|
Google+, Twitter and YouTube on the TeamSpeak Websites.
|
|
|
|
|
14.2 No personal data will be transmitted to the providers of these
|
|
|
|
|
plug-ins without you clicking on the button of a plug-in - irrespective of
|
|
|
|
|
whether you place an order.
|
|
|
|
|
14.3 If you press the button of a plug-in personal data will be
|
|
|
|
|
automatically transmitted to the provider of the plug-in and can be stored
|
|
|
|
|
and used by that provider. Please note that this may be carried out
|
|
|
|
|
overseas, i.e. in particular in the United States of America.
|
|
|
|
|
14.4 TeamSpeak has no full knowledge of the type and scope of the data
|
|
|
|
|
collection and their use and processing and cannot exert any influence on
|
|
|
|
|
such processes either.
|
|
|
|
|
14.5 If you activate a plug-in the plug-in provider will receive the
|
|
|
|
|
information that you have activated this on the respective website of the
|
|
|
|
|
TeamSpeak Websites or the corresponding subpage of the respective website
|
|
|
|
|
from the TeamSpeak Websites. In addition, the information stated in
|
|
|
|
|
Subclause 6 of this privacy statement will be transmitted to the plug-in
|
|
|
|
|
provider. According to the own information of the plug-in provider in the
|
|
|
|
|
case of Facebook only an anonymised IP address will be collected and
|
|
|
|
|
transmitted in Germany.
|
|
|
|
|
14.5.1 The data collection and transmission described in Subclause 10.5
|
|
|
|
|
of this privacy statement is carried out irrespective of whether you
|
|
|
|
|
have a user account at the respective plug-in provider or not. If you
|
|
|
|
|
have a user account at the respective plug-in provider and you are
|
|
|
|
|
logged into this user account at the time, at which you click on the
|
|
|
|
|
respective plug-in the data transmitted to the respective plug-in
|
|
|
|
|
provider will be directly allocated to your user account. If you
|
|
|
|
|
confirm the activated plug-in and e.g. link the page, the plug-in
|
|
|
|
|
provider will also store this information in your user account and can
|
|
|
|
|
also notify your contacts to the public. In order to prevent the
|
|
|
|
|
allocation to your user account at the respective plug-in provider you
|
|
|
|
|
should log-out from your user account at the respective plug-in
|
|
|
|
|
provider before clicking the plug-in on the TeamSpeak Websites.
|
|
|
|
|
14.5.2 The respective plug-in provider stores the data transmitted to
|
|
|
|
|
it, irrespective of whether you are also logged-in to your user account
|
|
|
|
|
at the respective plug-in provider as a rule as user profiles, which
|
|
|
|
|
are used for the following purposes:
|
|
|
|
|
* Advertising suitable for the needs
|
|
|
|
|
* Market research
|
|
|
|
|
* Optimisation of the websites of the plug-in provider suitable for
|
|
|
|
|
the needs
|
|
|
|
|
* Information of other members of the social network about your
|
|
|
|
|
activities on the TeamSpeak Websites
|
|
|
|
|
14.5.3 You are entitled to object to the formation of user profiles
|
|
|
|
|
with the data collected about you. For this purpose, please contact the
|
|
|
|
|
respective plug-in provider. TeamSpeak has no influence on the
|
|
|
|
|
compliance with your objection and is not responsible for this either.
|
|
|
|
|
14.6 You can find further relevant information and regarding your rights in
|
|
|
|
|
this respect in the privacy statements of the plug-in providers as the
|
|
|
|
|
responsible bodies, which you can call as follows:
|
|
|
|
|
14.6.1 Facebook Inc., 1601 S California Ave, Palo Alto, California
|
|
|
|
|
94304 USA - https://www.facebook.com/policy.php
|
|
|
|
|
14.6.2 Google+: Google Inc., 1600 Amphitheatre Parkway, Mountainview,
|
|
|
|
|
California 94103 USA - https://www.google.com/policies/privacy/partners
|
|
|
|
|
/?hl=de
|
|
|
|
|
14.6.3 Twitter: Twitter, Inc. 1355 Market St., Suite 900, San
|
|
|
|
|
Francisco, California 94103 USA - https://twitter.com/privacy?lang=de
|
|
|
|
|
14.6.4 YouTube: YouTube, LLC (Google Inc.), 901 Cherry Ave., San Bruno,
|
|
|
|
|
CA 94066 USA - https://www.google.de/intl/de/policies/privacy/
|
|
|
|
|
|
|
|
|
|
15. Forwarding of data to third parties
|
|
|
|
|
|
|
|
|
|
15.1 TeamSpeak can forward your personal data to third parties if
|
|
|
|
|
contractually agreed services and conditions are offered together with the
|
|
|
|
|
third party provider or include its services. In this case TeamSpeak will
|
|
|
|
|
inform you about the transmission of the data to the third party within the
|
|
|
|
|
framework of the order process.
|
|
|
|
|
15.2 TeamSpeak will also carry out the data processing through external
|
|
|
|
|
service providers.
|
|
|
|
|
15.2.1 These external services providers are carefully selected by
|
|
|
|
|
TeamSpeak and commissioned in writing. The external service providers
|
|
|
|
|
involved for the data processing are bound to the instructions of
|
|
|
|
|
TeamSpeak and are regularly checked regarding the compliance with the
|
|
|
|
|
data protection and the data security.
|
|
|
|
|
15.2.2 The external service providers are not entitled to forward the
|
|
|
|
|
data to third parties.
|
|
|
|
|
15.3 TeamSpeak shall disclose personal data for the assertion of rights or
|
|
|
|
|
towards regulatory authorities if TeamSpeak is obliged to do so by law.
|
|
|
|
|
|
|
|
|
|
16. Webtracking
|
|
|
|
|
|
|
|
|
|
16.1 TeamSpeak uses Google Analytics on the TeamSpeak Websites. Google
|
|
|
|
|
Analytics is a web analysis service of Google Inc., 1600 Amphitheatre
|
|
|
|
|
Parkway, Mountainview, California 94103 USA (hereinafter referred to as
|
|
|
|
|
"Google"). Google Analytics uses cookies, which are stored on your computer
|
|
|
|
|
and enable an analysis of your user behaviour. The information generated by
|
|
|
|
|
the cookie is stored by Google also overseas, in particular on a server of
|
|
|
|
|
Google in the United States of America.
|
|
|
|
|
16.2 The TeamSpeak Websites use Google Analytics with the extension
|
|
|
|
|
"_anonymizeIP ()", i.e. the anonymization function of Google Analytics.
|
|
|
|
|
This leads to the fact that your IP address will be abbreviated before
|
|
|
|
|
transmission to the United States of America, as a rule by Google in a
|
|
|
|
|
state in the European Economic Area.
|
|
|
|
|
16.3 The IP address transmitted by your browser within the framework of the
|
|
|
|
|
use of Google Analytics will not be converged with other data, which Google
|
|
|
|
|
collected about you.
|
|
|
|
|
16.4 You can exclude the storage of the cookies used by Google Analytics by
|
|
|
|
|
excluding the use of cookies in your browser settings. In this case you can
|
|
|
|
|
however not use further functions of the TeamSpeak Websites either.
|
|
|
|
|
16.5 You also have the possibility to exclude the entry and processing of
|
|
|
|
|
your personal data by Google by installing the browser plug-in that is
|
|
|
|
|
available under the following link:
|
|
|
|
|
http://tools.google.com/dlpage/gaoptout?hl=de
|
|
|
|
|
16.6 The use of Google Analytics is carried out in line with the
|
|
|
|
|
pre-requisites which the German data protection authorities have agreed
|
|
|
|
|
with Google.
|
|
|
|
|
16.7 You can view an overview of the data protection provisions of Google
|
|
|
|
|
Analytics under this link:
|
|
|
|
|
https://support.google.com/analytics/answer/6004245?hl=de
|
|
|
|
|
|
|
|
|
|
17. Data security
|
|
|
|
|
|
|
|
|
|
17.1 TeamSpeak takes current technical measures in order to guarantee the
|
|
|
|
|
data security and thus in particular for the protection of your personal
|
|
|
|
|
data against dangers with the data transmission and the gaining of
|
|
|
|
|
knowledge by third parties. These measures are adjusted regularly by
|
|
|
|
|
TeamSpeak to the state-of-the-at technology.
|
|
|
|
|
17.2 TeamSpeak will provide you information at all times regarding the data
|
|
|
|
|
security in the company. Please send your enquiry to privacy@teamspeak.com
|
|
|
|
|
or to the data referred to in the imprint of the TeamSpeak Websites.
|