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Privacy Statement
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1. Scope of application
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1.1 Below you will find information about the collection, storage and
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processing of personal data when using the services of TeamSpeak Systems
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Inc., PO Box 211180, Chula Vista, CA, 91921 USA (hereinafter referred to
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as TeamSpeak USA) and TeamSpeak Systems GmbH, Soiernstr. 1, 82494 Krün,
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are entered in the commercial register of the Munich Local Court under
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the registration number HRB 172523 (hereinafter referred to as TeamSpeak
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DE; hereinafter referred to both companies jointly as TeamSpeak) under
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the domains teamspeak.com, teamspeakusa.com and myteamspeak.com
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(hereinafter referred to collectively as "Teamspeak.com" and the latter
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as "Myteamspeak.com" and all three collectively referred to as
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"Website(s)"), which may also be accessed as a mobile version. This
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applies in particular - but not exclusively - to the download of the
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software solutions "TS3 Client", "TeamSpeak 3 SDK" and "TS5 Client"
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(hereinafter jointly referred to as "Software Solutions"), the
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downloading and use of the "TS3 Client" and "TS5 Client" (for PC or
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mobile devices), participation in the Forum and the uploading and
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downloading of TeamSpeak's own software programs that are compatible
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with TeamSpeak's software solutions and released by TeamSpeak
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(hereinafter referred to as "Add Ons").
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1.2 Personal data are all data which can be traced back to you
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personally, i.e. which could be associated with your person. These are
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in particular name, e-mail address, address, telephone number, user
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behaviour, IP address, etc.
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2. Service provider
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2.1 Service provider according to § 7 Abs. 1 TMG is TeamSpeak USA.
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Responsible body according to art. 4 no. 7 DSGVO i.V.m. Art. 26 para. 1
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p. 1 DSGVO is TeamSpeak.
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2.2 The websites operated by TeamSpeak USA contain links which, when
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activated, will take you to the websites of third parties. TeamSpeak USA
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expressly points out that in this case you must inform yourself on the
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linked website about the collection, storage and processing of personal
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data by the third party provider, as TeamSpeak USA has no influence on this.
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3. Information
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3.1 You have the right to request detailed information from TeamSpeak
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USA at any time about the personal data stored and processed about you
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and its origin, the purpose of storage and processing and the recipients
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or categories of recipients to whom such data will be disclosed.
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3.2 Please send your request for information by e-mail to
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privacy@teamspeak.com or by e-mail, telephone, post or fax to the
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contact details provided in the imprint on the websites operated by
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TeamSpeak USA.
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4. Revocation
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4.1 You can revoke your consent to the storage, collection and
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processing of your personal data at any time.
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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 provided on the
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websites operated by TeamSpeak USA.
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5. Use of cookies
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5.1 When using the websites operated by TeamSpeak USA, cookies are
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stored on your computer, even if they are used for purely informational
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purposes on the websites operated by TeamSpeak USA.
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5.2 Cookies are small text files that are stored on your hard drive,
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assigned to the browser you are using, and through which certain
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information is transmitted to the location that sets the cookie. Cookies
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cannot execute programs and, above all, cannot transmit viruses to your
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computer. Cookies are used in particular to make the websites operated
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by TeamSpeak USA more user-friendly.
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5.3 If you have a user account for the websites operated by TeamSpeak
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USA, cookies are used in particular to identify you for subsequent
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visits to the websites operated by TeamSpeak USA. This prevents you from
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having to log in again for each visit.
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5.4 The websites operated by TeamSpeak USA use the following types of
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cookies:
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* Transient cookies, i.e. with temporary use
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* Persistent cookies, i.e. with a limited period of use
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* Third party cookies, i.e. cookies from third parties
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5.5 Transient cookies are deleted as soon as you close your browser.
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These include in particular the so-called session cookies. Session
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cookies store a session ID that allows your browser's requests to be
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associated with the session, so that your computer can be recognized by
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the system when you return to the website operated by TeamSpeak USA. As
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soon as you log out or close your browser, all session cookies are
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automatically deleted.
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5.6 Persistent cookies will only be deleted after a period of time that
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is dependent on the respective cookie and extends beyond the session,
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but no later than two months after the cookie has been set. You can
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delete these cookies at any time automatically in the security settings
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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 them completely. In particular, you can
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also completely prevent the use of third party cookies. In this case,
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however, you may not be able to use all the features of the websites
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operated by TeamSpeak USA.
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5.8 The information stored via cookies is stored separately from and not
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linked to your other personal data.
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5.9 TeamSpeak USA would like to point out that third-party providers who
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collect data using cookies also use data about the use of websites
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operated by TeamSpeak USA for user-generated advertising on other
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websites. TeamSpeak USA has no influence on this data collection.
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6. Informational use of the websites operated by TeamSpeak USA
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6.1 For purely informational use of the websites operated by TeamSpeak
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USA, TeamSpeak USA collects only the data transmitted by your browser,
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which is this:
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* Your IP address
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* Date, time, and duration of your visit to the respective TeamSpeak
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USA Web site
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* Your user behavior, i.e., your visit to the respective website
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operated by TeamSpeak USA, subpages of the websites operated by
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TeamSpeak USA, and the order of your visits, clicks made, and time
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spent on individual pages and subpages
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* Time zone difference to Greenwich Mean Time
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* The access status / http status code
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* Concrete amounts of data transferred
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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 originates
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When using a mobile device, the following data is also stored:
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* Type of mobile device and its settings
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* Your location from which you access the TeamSpeak USA Web site.
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6.2 You are deemed to be using the TeamSpeak USA Websites for
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informational purposes only if you do not sign up for a customer
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account, forum account or developer account, download the software
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solutions or the TeamSpeak Software Client, upload or download add-ons,
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submit a request through the TeamSpeak USA Websites or otherwise submit
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personal information to TeamSpeak USA.
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7. Data collection when purchasing licenses for software solutions
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via Teamspeak.com
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7.1 If you wish to purchase licenses for the software solutions or other
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services from TeamSpeak USA through the TeamSpeak USA Websites, you must
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create a customer account. An order without an existing or new customer
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account is not possible.
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7.2 When you register for a User Account, the data you enter during the
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registration process will be stored, subject to TeamSpeak USA deleting
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your User Account at any time upon your request.
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7.3 The data transmitted by you will be used in particular for the
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mutual fulfilment of the contract. For this purpose, your data may also
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be passed on to the partners required to fulfil the contract. This is in
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particular the payment service provider PayPal Inc, 2211 North First
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Street, 95131 San José, California, USA (hereinafter referred to as
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"PayPal"). You can find further information on the transfer of your
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personal data to third parties under section 15 of this data protection
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declaration.
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7.4 TeamSpeak USA also uses your personal data for marketing and
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advertising purposes for TeamSpeak services. Without your specific
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consent, however, TeamSpeak will only send you information about
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TeamSpeak's services that is similar to the services you have used.
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7.5 You have the right at any time to have your account deleted by
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TeamSpeak USA by sending a request to that effect to the e-mail address
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privacy@teamspeak.com or the data specified in the imprint of the
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TeamSpeak USA website. In the event that your user account is deleted at
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your request, your data will be deleted immediately as soon as it is no
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longer required to fulfill the contract and TeamSpeak USA is not legally
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obliged to store it.
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7.6 In order to prevent unauthorized access by third parties to your
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personal data, in particular financial data, the order process is
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encrypted using SSL technology.
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8. Data collection when downloading the TS3 client and the TS5 client
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8.1 In the case of downloading a version of the TS3 Client and TS5
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Client for PC and Mac, Clauses 5 and 6 and 7.2 to 7.6 of this Privacy
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Policy shall apply mutatis mutandis. TeamSpeak USA does not collect,
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store or process any additional personal data from you during download.
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8.2 If you download a version of the TS3 Client and TS5 Clients for
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mobile devices, you will be directed to the Apple AppStore (for the iOS
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version) or the Android Market (for the Android version) of a third
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party website.
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8.2.1 For the collection, storage and processing of personal data by
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TeamSpeak USA, Clauses 5 and 6 and 7.2 to 7.6 of this Privacy Policy
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shall apply mutatis mutandis. During the download, TeamSpeak USA does
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not collect, store or use any additional personal information about you.
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8.2.2 The third party provider collects, stores and uses personal data
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from you. Please refer to the third-party provider's website for
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information about the collection, storage and use of personal data by
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the third party, as TeamSpeak USA has no control over such collection,
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storage and use.
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9. Data collection, storage and processing when using the TS3 client
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and TS5 client (PC/Mac)
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9.1 TeamSpeak USA collects, stores and processes the following personal
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data from you when using the TS3 Client and TS5 Client for the PC/Mac:
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* IP address
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* Information on the operating system used (32 bit or 64 bit)
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* User behaviour (in particular buttons and menu items pressed)
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* Crash Report, if you send such a report to TeamSpeak USA (program
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lines, disruptive incident, essential data of the hardware used)
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9.2 TeamSpeak USA uses this data solely for quality control purposes and
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for the further development of the software solutions as well as the TS3
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client and the TS5 client. The data referred to in Section 9.1 of this
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Privacy Policy will not be linked or otherwise associated with any other
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data stored about you. The data will be anonymised for further
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processing immediately after collection.
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9.3 If you do not consent to the collection, storage and processing of
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the data referred to in Section 9.1 of this Privacy Policy, you can
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exclude this in the field marked "Anonymous Statistics". To access this
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field, follow the menu items "Settings", "Options" and then "Applications".
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9.4 You may at any time object to the collection, storage and processing
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of the data referred to in Section 9.1 at any time. Please send your
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objection by e-mail to privacy@teamspeak.com or object by e-mail,
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telephone, post or fax using the information provided in the imprint of
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the web pages operated by TeamSpeak USA. All data that can be traced
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back to you personally will be deleted immediately in the event of an
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objection.
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9.5 The sending of a crash report in the event of a fault is voluntary
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and requires your separate consent to the collection, storage and
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processing of data, which is separately requested by you before the
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crash report is sent. In the event that a crash report is sent, sections
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9.2 and 9.4 of this Privacy Policy shall apply mutatis mutandis.
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10. Server rent
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10.1 TeamSpeak USA exclusively arranges the rental of server space from
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third-party providers.
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10.2 Clauses 5 and 6 as well as 7.2 to 7.6 of this data protection
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declaration shall apply accordingly. TeamSpeak USA itself does not
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collect, store or process any additional personal data about you when
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arranging the server rental.
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10.3 TeamSpeak has no influence on the collection, storage and
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processing of personal data by the third party provider. Therefore,
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please inform yourself about the collection, storage and processing of
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personal data by the third party provider.
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11. Use of the forum
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11.1 The TeamSpeak Forum can be read without requiring registration. In
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this case, the use of the websites operated by TeamSpeak USA is for
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informational purposes only (see section 6 of this Privacy Policy).
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11.2 In order to actively participate in the forum, you must register
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and create a forum account. When you register, you must enter a user
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name, password, date of birth and e-mail address. There is no obligation
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to use a clear name, use under a pseudonymous user name is possible.
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11.3 TeamSpeak USA uses the so-called double opt-in procedure for
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registration, i.e. your registration is not completed until you have
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previously confirmed your registration by clicking on the link contained
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in an e-mail sent to you for this purpose. If your confirmation is not
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received in time, your registration will automatically be deleted from
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the database.
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11.4 The information you provide during registration will be stored by
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TeamSpeak USA and linked to the content you publish, which will also be
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stored by TeamSpeak USA. This data will only be used to operate the
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forum and to process the contract concluded with you regarding the use
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of the forum.
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11.5 TeamSpeak USA may at any time ask you to have your forum account
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deleted by TeamSpeak USA by sending an e-mail to privacy@teamspeak.com
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or by providing the information specified in Teamsspeak.com's imprint.
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In this case, the personal data stored on your forum account will be
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deleted immediately as soon as they are no longer required for
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processing the contractual relationship regarding the use of the forum
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and TeamSpeak USA is not legally obliged to store them. Posts published
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by you will be displayed anonymously after successful deletion of your
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forum account under the "Guest" flag.
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12. Uploading and downloading add-ons
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12.1 Uploading Add Ons requires registration for a customer account as a
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Developer (hereinafter referred to as "Developer Account").
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12.1.1 During the registration process, email address, name and
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telephone number shall be provided and transmitted to TeamSpeak USA.
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12.1.2 The data provided by you during the registration process will be
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stored subject to immediate deletion by TeamSpeak USA in response to
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your request for deletion at any time.
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12.1.3 The data provided during the registration process will be used
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for the performance of the contract by both parties and to enforce any
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claims against you (in particular if the add-ons uploaded by you violate
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applicable law or the General Terms and Conditions).
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12.1.4 TeamSpeak USA will also use the information provided during the
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registration process for marketing and promotional purposes regarding
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TeamSpeak's services. However, without your specific consent, TeamSpeak
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USA will only send you information about services that are similar to
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the services you are receiving for this purpose.
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12.1.5 You have the right at any time to have your Developer Account
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deleted by sending a request to that effect to the e-mail address
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privacy@teamspeak.com or the data specified in the imprint of the
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websites operated by TeamSpeak USA. In the event that your Developer
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Account is deleted upon your request, your data will be deleted
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immediately as soon as it is no longer required for mutual contract
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fulfillment and TeamSpeak USA is not legally obliged to store it.
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12.2 Registration is not required for the purpose of downloading Add
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Ons. Clauses 5 and 6 of this data protection declaration shall apply
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mutatis mutandis.
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13. Use of the online inquiry; order by e-mail, fax or telephone
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13.1 You also have the opportunity to contact TeamSpeak USA online
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through your customer account and by telephone and email.
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13.2 The data you send or provide will be used to respond to your
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inquiry and to contact you by telephone or e-mail and, where
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appropriate, for the performance of the contract by both parties. If
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your data is also used for the purpose of mutual contract fulfilment,
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clauses 5 and 6 of this data protection declaration apply accordingly.
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14. Social networks and third-party services
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14.1 TeamSpeak USA uses social media plug-ins from the social networks
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Facebook, Google+, Twitter, Twitch, Instagram and YouTube on the
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websites operated by TeamSpeak USA.
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14.2 Without you clicking on the button of a plug-in, no personal data
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will be transmitted to the providers of these plug-ins, regardless of
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whether you place an order or not.
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14.3 If you press the button of a plug-in, personal data is
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automatically transmitted to the provider of the plug-in and can be
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stored and used by the latter. Please note that this can take place
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abroad, i.e. in particular in the United States of America.
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14.4 TeamSpeak has no complete knowledge of the type and scope of data
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collection and its use and processing and cannot influence these.
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14.5 If you activate a Plug-In, the Plug-In Provider will be notified
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that you have activated the Plug-In Provider on the relevant TeamSpeak
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USA web page or subpage of the relevant TeamSpeak USA web page. In
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addition, the information specified in section 6 of this Privacy Policy
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will be transmitted to the plug-in provider. According to the plug-in
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provider's own information, in the case of Facebook in Germany only an
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anonymous IP address is collected and transmitted.
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14.5.1 The data collection and transmission referred to in Section 14.5
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of this Privacy Policy shall take place regardless of whether you have a
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user account with the respective plug-in provider or not. If you have a
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user account with the respective plug-in provider and you are logged in
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to this user account at the time you click on the respective plug-in,
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the data transmitted to the respective plug-in provider will be assigned
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directly to your user account. If you confirm the activated plug-in and,
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for example, link the page, the plug-in provider also stores this
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information in your user account and can also publicly communicate this
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to your contacts. To prevent assignment to your user account with the
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respective plug-in provider, you should log out of your user account
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with the respective plug-in provider before clicking on the plug-in on
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the websites operated by TeamSpeak USA.
|
|
|
|
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|
14.5.2 The respective plug-in provider stores the data transmitted to
|
|
|
it, regardless of whether you are also logged in to your user account
|
|
|
with the respective plug-in provider, usually as user profiles which are
|
|
|
used, for example, for the following purposes:
|
|
|
|
|
|
* Demand-oriented advertising
|
|
|
* market research
|
|
|
* Optimisation of the Plug-In provider's Internet pages according to
|
|
|
requirements
|
|
|
* Inform other members of the social network about your activities on
|
|
|
the websites operated by TeamSpeak USA.
|
|
|
|
|
|
14.6 You are entitled to object to the creation of user profiles with
|
|
|
the data collected about you. To do this, contact the respective plug-in
|
|
|
provider. TeamSpeak has no control over, and is not responsible for,
|
|
|
compliance with your objection.
|
|
|
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|
14.7 Further information on this and your rights in this regard can be
|
|
|
found in the data protection declarations of the plug-in providers as
|
|
|
the responsible bodies, which you can access as follows:
|
|
|
|
|
|
14.7.1 Facebook Inc., 1601 S California Ave, Palo Alto, California 94304
|
|
|
USA – https://www.facebook.com/policy.php
|
|
|
<https://www.facebook.com/policy.php>
|
|
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|
|
|
14.7.2 Google+: Google Inc., 1600 Amphitheater Parkway, Mountain View,
|
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|
California 94103 USA – https://www.google.com/policies/privacy/partners
|
|
|
<https://www.google.com/policies/privacy/partners/>
|
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|
14.7.3 Twitter: Twitter, Inc. 1355 Market St., Suite 900, San Francisco,
|
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|
California 94103 USA – https://twitter.com/privacy
|
|
|
<https://twitter.com/privacy>
|
|
|
|
|
|
14.7.4 YouTube: YouTube, LLC (Google Inc.), 901 Cherry Ave, San Bruno,
|
|
|
CA 94066 USA – https://policies.google.com/privacy
|
|
|
<https://policies.google.com/privacy>
|
|
|
|
|
|
14.7.5 Twitch: Twitch Interactive, Inc., 350 Bush Street, 2^nd Floor,
|
|
|
San Francisco, CA 94104 USA –
|
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|
https://www.twitch.tv/p/legal/privacy-notice/
|
|
|
<https://www.twitch.tv/p/legal/privacy-notice/>
|
|
|
|
|
|
14.7.6 Instagram: Instagram LLC, 1601 Willow Road, Menlo Park, CA 94025
|
|
|
USA – https://help.instagram.com/155833707900388
|
|
|
<https://help.instagram.com/155833707900388>
|
|
|
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|
|
15. Data transfer to third parties
|
|
|
|
|
|
15.1 TeamSpeak may disclose your personal data to third parties if
|
|
|
contractually agreed services and terms are offered jointly with the
|
|
|
third party provider or include the third party provider's services. In
|
|
|
this case, TeamSpeak will inform you of the transfer of the data to the
|
|
|
third party during the ordering process.
|
|
|
|
|
|
15.2 TeamSpeak shall also process the data via external service providers.
|
|
|
|
|
|
15.2.1 These external service providers shall be carefully selected by
|
|
|
TeamSpeak and commissioned in writing. The external service providers
|
|
|
involved in data processing are bound by TeamSpeak's instructions and
|
|
|
are regularly checked for compliance with data protection and data security.
|
|
|
|
|
|
15.2.2 The external service providers are not entitled to pass on the
|
|
|
data to third parties.
|
|
|
|
|
|
15.3 TeamSpeak will only process your personal data if permitted by law.
|
|
|
In most cases we will process your personal data:
|
|
|
|
|
|
* With your consent, and please note that you have the right to
|
|
|
withdraw your consent at any time by contacting us.
|
|
|
* Where TeamSpeak has a contract to fulfill that we enter into or have
|
|
|
already entered into with you.
|
|
|
* Where it is necessary that the legitimate interests of TeamSpeak (or
|
|
|
those of a third party) and your interests and fundamental rights do
|
|
|
not override those interests.
|
|
|
* Where TeamSpeak must meet a legal or regulatory obligation.
|
|
|
|
|
|
The table below shows how TeamSpeak processes your personal data. Please
|
|
|
contact TeamSpeak USA for more information on the specific processing
|
|
|
requirements.
|
|
|
|
|
|
Below is a breakdown by activity of how TeamSpeak processes your data:
|
|
|
|
|
|
*Ordering a product or service*
|
|
|
|
|
|
To process or deliver a product or service that you have ordered from
|
|
|
TeamSpeak USA, including:
|
|
|
|
|
|
* Online orders or orders on one of our websites
|
|
|
* When we refund a payment
|
|
|
* To manage payment and fees
|
|
|
* To collect money owed to us
|
|
|
* Any other contractual agreement that we agree to enter into with you.
|
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|
|
|
|
*Personal data*
|
|
|
|
|
|
* identity data
|
|
|
* contact details
|
|
|
* Financial data
|
|
|
* transactional data
|
|
|
|
|
|
*Basis for processing*
|
|
|
|
|
|
* performance of a contract with you
|
|
|
* Necessary for the legitimate interests of TeamSpeak USA to obtain
|
|
|
funds owed to TeamSpeak USA.
|
|
|
|
|
|
*Register with TeamSpeak USA*
|
|
|
|
|
|
To process your registration at TeamSpeak USA including:
|
|
|
|
|
|
* Receive news, offers, promotions and updates
|
|
|
* to receive a voucher
|
|
|
* fully use our apps including myTeamSpeak
|
|
|
* if you register otherwise than as one of our customers.
|
|
|
|
|
|
*Personal data*
|
|
|
|
|
|
* identity data
|
|
|
* contact details
|
|
|
* profile data
|
|
|
|
|
|
*Basis for processing*
|
|
|
|
|
|
* Fulfilment of a contract with you
|
|
|
|
|
|
*Direct marketing*
|
|
|
|
|
|
To tailor direct marketing to you and to send you direct marketing
|
|
|
communications including via :
|
|
|
|
|
|
* enamel
|
|
|
* TEXT MESSAGE
|
|
|
* push notifications
|
|
|
|
|
|
*Personal data*
|
|
|
|
|
|
* identity data
|
|
|
* contact details
|
|
|
* Technical data
|
|
|
* transactional data
|
|
|
* consumption data
|
|
|
* profile data
|
|
|
* Marketing and communication data
|
|
|
|
|
|
*Basis for processing*
|
|
|
|
|
|
* With regard to tailoring direct marketing, necessary for the
|
|
|
legitimate interests of TeamSpeak USA, which are to develop its
|
|
|
business and inform its marketing strategy
|
|
|
* With respect to sending direct marketing where you are a customer
|
|
|
and you have not previously opted out of receiving such direct
|
|
|
marketing as necessary for the legitimate interests of TeamSpeak
|
|
|
USA, which is to provide you with relevant products and services in
|
|
|
relation to what we have previously provided to you.
|
|
|
* With respect to sending direct marketing where you are not a
|
|
|
TeamSpeak USA customer, your consent is given when you sign up for
|
|
|
our mobile app, provide your details on our website or otherwise,
|
|
|
and you give your consent.
|
|
|
|
|
|
*Raffles, contests and/or surveys*
|
|
|
|
|
|
Give you the opportunity to participate in sweepstakes, contests or surveys.
|
|
|
|
|
|
*Personal data*
|
|
|
|
|
|
* identity data
|
|
|
* contact details
|
|
|
* consumption data
|
|
|
* profile data
|
|
|
* Marketing and communication data
|
|
|
|
|
|
*Basis for processing*
|
|
|
|
|
|
* Fulfilment of a contract with you
|
|
|
* Necessary for TeamSpeak's legitimate interests, which are to
|
|
|
investigate how customers use our products and services, to develop
|
|
|
them, and to expand our business.
|
|
|
|
|
|
*General Information*
|
|
|
|
|
|
TeamSpeak's customers to understand, aggregate general information from
|
|
|
various sources to create a profile of you; this may include:
|
|
|
|
|
|
* Understand your habits, where you are from time to time, your
|
|
|
personal circumstances and those of your family or household, and
|
|
|
the things you may like, dislike and interest you.
|
|
|
* how you interact with us, such as subscribing to news, offers,
|
|
|
promotions and updates, completing surveys, participating in
|
|
|
contests, browsing mobile apps, websites, evaluating interaction -
|
|
|
such as through likes and comments - with our social media accounts
|
|
|
and our products and services in public forums.
|
|
|
* Create aggregated data
|
|
|
|
|
|
*Personal data*
|
|
|
|
|
|
* identity data
|
|
|
* contact details
|
|
|
* Technical data
|
|
|
* transactional data
|
|
|
* consumption data
|
|
|
* profile data
|
|
|
* Marketing and communication data
|
|
|
|
|
|
*Basis for processing*
|
|
|
|
|
|
* Necessary for TeamSpeak's legitimate interests, which are to develop
|
|
|
our business, products, services, content and advertising campaigns
|
|
|
to make them relevant to you and to track the effectiveness of our
|
|
|
advertising campaigns
|
|
|
|
|
|
*Notifications*
|
|
|
|
|
|
TeamSpeak's relationship with you, which includes the following:
|
|
|
|
|
|
* Notify you of changes to our privacy policy
|
|
|
* Notify you of operational changes to TeamSpeak products, services,
|
|
|
websites and mobile apps, such as when TeamSpeak would withdraw one
|
|
|
of its apps.
|
|
|
* Get feedback from you from time to time about TeamSpeak brands,
|
|
|
websites, mobile apps and other services and activities.
|
|
|
* Respond to your questions, suggestions, problems or complaints,
|
|
|
respond to them and deal with them, and report and analyse them.
|
|
|
* Respond to any social media reviews, postings or other public
|
|
|
comments you make about TeamSpeak, its trademarks, websites, mobile
|
|
|
apps, services, or other activities
|
|
|
|
|
|
*Personal data*
|
|
|
|
|
|
* identity data
|
|
|
* contact details
|
|
|
* profile data
|
|
|
* Marketing and communication data
|
|
|
* Sensitive data (only as required for dealing with feedback and
|
|
|
complaints on specific topics)
|
|
|
* Data from children (only as necessary for dealing with feedback and
|
|
|
complaints on specific topics)
|
|
|
|
|
|
*Basis for processing*
|
|
|
|
|
|
* Fulfilment of a contract with you
|
|
|
* Necessary to comply with a legal obligation
|
|
|
* Necessary for TeamSpeak's legitimate interests (to keep records up
|
|
|
to date and to investigate how customers use products/services)
|
|
|
|
|
|
*Management and protection *
|
|
|
|
|
|
Manage and protect TeamSpeak's business and website, and ensure the safe
|
|
|
and secure use of products and services, including:
|
|
|
|
|
|
* the process of anonymizing your data so that you are no longer
|
|
|
identifiable to us and we no longer need your data in an
|
|
|
identifiable form
|
|
|
* Provide secure access to TeamSpeak USA operated websites, mobile
|
|
|
apps and WLAN networks.
|
|
|
* Optimizing the user's security measures and services, such as
|
|
|
recognition of your usernames and passwords, and resetting functions
|
|
|
* Monitor security measures around TeamSpeak USA's web sites, mobile
|
|
|
apps, and WLAN networks to ensure that they are not abused or
|
|
|
threatened.
|
|
|
* Protect you and our business from potential criminal behavior such
|
|
|
as fraud.
|
|
|
* problem management, data analysis, testing, system maintenance,
|
|
|
support, transmission and hosting of data
|
|
|
|
|
|
*Personal data*
|
|
|
|
|
|
* identity data
|
|
|
* contact details
|
|
|
* Technical data
|
|
|
* consumption data
|
|
|
* profile data
|
|
|
* Marketing and communication data
|
|
|
|
|
|
*Basis for processing*
|
|
|
|
|
|
* Fulfilment of a contract with you
|
|
|
* Necessary for TeamSpeak's legitimate interests, which are to run its
|
|
|
business, ensure network security and prevent potential criminal
|
|
|
behavior
|
|
|
* Necessary to comply with a legal obligation
|
|
|
|
|
|
*provision of information*
|
|
|
|
|
|
Provide information to entities and regulators where TeamSpeak is
|
|
|
required to do so by law or regulation.
|
|
|
|
|
|
*Personal data*
|
|
|
|
|
|
* identity data
|
|
|
* contact details
|
|
|
* Technical data
|
|
|
* transactional data
|
|
|
* consumption data
|
|
|
* profile data
|
|
|
* Marketing and communication data
|
|
|
* Sensitive data
|
|
|
* Data from children
|
|
|
|
|
|
*Basis for processing*
|
|
|
|
|
|
* Necessary to comply with a legal obligation.
|
|
|
|
|
|
15.4 How TeamSpeak shares your personal information
|
|
|
|
|
|
TeamSpeak cannot run its business or get many of the services and
|
|
|
benefits you expect provided without involving other people and
|
|
|
businesses. TeamSpeak will share your information only in accordance
|
|
|
with the laws applicable to us and for the purposes set out herein.
|
|
|
|
|
|
From time to time, TeamSpeak processes personal information about you in
|
|
|
an automated manner to evaluate specific personal aspects about you.
|
|
|
This includes the ability to analyze your interests and make predictions
|
|
|
about how you are likely to interact with TeamSpeak. This is commonly
|
|
|
referred to as profiling, so TeamSpeak can offer you a more personalized
|
|
|
customer experience. This is based on our impression of how you deal
|
|
|
with TeamSpeak.
|
|
|
|
|
|
The personal data about you that we process for profiling purposes
|
|
|
includes your identity data, your contact data and your profile data. We
|
|
|
do not process any personal data about you for profiling purposes that
|
|
|
consist of personal data of the special category. We process your
|
|
|
personal data for profiling purposes for our legitimate interests, as
|
|
|
explained below. If you would like to know more about what kind of
|
|
|
profiling we do and what profiling means for you, please contact us and
|
|
|
we will be happy to give you a detailed answer. You also have the right
|
|
|
to object to our processing your personal data for profiling purposes
|
|
|
and to learn more about your right to object.
|
|
|
|
|
|
TeamSpeak shares your personal information:
|
|
|
|
|
|
* All *TeamSpeak companies*, including new companies, brands or
|
|
|
outlets that we may acquire in the future (which act as controllers
|
|
|
or contract data processors) and that provide information
|
|
|
technology, human resources and systems administration services, and
|
|
|
that you may have agreed to provide you with marketing communications.
|
|
|
* *Service providers* (who primarily act as processors, sometimes as
|
|
|
controllers) who assist TeamSpeak in providing you with our
|
|
|
websites, mobile apps, wireless networks, and related services; for
|
|
|
example, information technology companies that design and host
|
|
|
TeamSpeak USA websites, payment service providers that enable you to
|
|
|
use credit or payment cards at TeamSpeak, and data wallpaper
|
|
|
specialists.
|
|
|
* *Related third parties* (acting as contract data processors and
|
|
|
controllers) who provide services to TeamSpeak, such as market
|
|
|
research, voucher provision and withdrawal, marketing background
|
|
|
services, and data analysis services.
|
|
|
* *Reward companies *(which act as controllers) that you have joined
|
|
|
to receive the rewards and benefits offered to you.
|
|
|
* Any new *business partners* (who act as controllers or contract data
|
|
|
processors) that TeamSpeak may have over time; for example, if
|
|
|
TeamSpeak enters into a partnership with another company,
|
|
|
reorganizes, merges, or sells a portion of our business, the other
|
|
|
party may receive some or all of your information.
|
|
|
* Our *professional consultants* (who act as controllers or order data
|
|
|
processors); for example, our attorneys, insurance companies and
|
|
|
insurance brokers, if they need them to advise TeamSpeak or assist
|
|
|
TeamSpeak in taking out insurance.
|
|
|
* The police, health and safety authorities, local authorities, the
|
|
|
appropriate tax authorities in your country, the courts, and any
|
|
|
other central or local government authorities (acting as controllers
|
|
|
or contract data processors) where TeamSpeak is required to do so in
|
|
|
order to comply with its legal obligations, or when requested to do
|
|
|
so and TeamSpeak is permitted to disclose it lawfully, for example,
|
|
|
to prevent and detect criminal offences or to report serious health
|
|
|
and safety incidents.
|
|
|
* TeamSpeak may also share the information collected with other third
|
|
|
parties where TeamSpeak is required to do so by law, for example to
|
|
|
comply with a court order.
|
|
|
|
|
|
|
|
|
16. Google Analytics
|
|
|
|
|
|
16.1 TeamSpeak USA uses Google Analytics on the websites operated by
|
|
|
TeamSpeak USA and all TS 5 clients. Google Analytics is a web analytics
|
|
|
service provided by Google Inc., 1600 Amphitheater 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 cookies is also stored by Google abroad, in particular
|
|
|
on a Google server in the United States of America.
|
|
|
|
|
|
16.2 The websites operated by TeamSpeak USA use Google Analytics with
|
|
|
the extension "_anonymizeIP()", i.e. the anonymization function of
|
|
|
Google Analytics. As a result, your IP address will generally be
|
|
|
truncated by Google in a European Economic Area country prior to
|
|
|
transmission to the United States of America.
|
|
|
|
|
|
16.3 The IP address transmitted by your browser as part of the use of
|
|
|
Google Analytics is not merged with other data that Google collects
|
|
|
about you.
|
|
|
|
|
|
16.4 You can exclude the storage of cookies used by Google Analytics by
|
|
|
excluding the use of cookies in your browser settings. In this case,
|
|
|
however, you will not be able to use other features of the websites
|
|
|
operated by TeamSpeak USA.
|
|
|
|
|
|
16.5 You also have the option of opting out of the collection and
|
|
|
processing of your personal data by Google by installing the browser
|
|
|
plug-in available at the following link:
|
|
|
http://tools.google.com/dlpage/gaoptout
|
|
|
|
|
|
16.6 The use of Google Analytics takes place in accordance with the
|
|
|
requirements on which the German data protection authorities have agreed
|
|
|
with Google.
|
|
|
|
|
|
16.7 You can view an overview of Google Analytics' privacy policy at
|
|
|
this link:
|
|
|
https://support.google.com/analytics/answer/6004245
|
|
|
<https://support.google.com/analytics/answer/6004245>
|
|
|
|
|
|
16.8 The data collected by Google Analytics on the TS5 client is
|
|
|
processed anonymously. Similar to the procedure described in Section
|
|
|
16.2, the TS5 client will generally have your IP address truncated by
|
|
|
Google in a European Economic Area country prior to transmission to the
|
|
|
United States of America.
|
|
|
|
|
|
|
|
|
17. Data security
|
|
|
|
|
|
17.1 TeamSpeak takes current technical measures to ensure data security
|
|
|
and thus in particular to protect your personal data from the dangers of
|
|
|
data transmission and the gaining of knowledge by third parties.
|
|
|
TeamSpeak regularly adapts these measures to the current state of the art.
|
|
|
|
|
|
17.2 TeamSpeak USA will provide you with information about data security
|
|
|
at all times. Please direct your inquiry to privacy@teamspeak.com or to
|
|
|
the data specified in the imprint of the websites operated by TeamSpeak USA.
|
|
|
|
|
|
|
|
|
18. Privacy shield regulations
|
|
|
|
|
|
18.1 TeamSpeak USA is certified under the EU-U.S. Privacy Shield and
|
|
|
fully complies with the principles of the Privacy Shield, including its
|
|
|
ancillary principles, when transferring data from European Economic Area
|
|
|
countries to the United States. To learn more about the Privacy Shield
|
|
|
program, visit www.privacyshield.gov, <http://www.privacyshield.gov/>
|
|
|
and to verify our certification, visit www.privacyshield.gov/list.
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However, if there is a conflict between the Privacy Shield Principles
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and the Data Transfer Principles below, the Privacy Shield Principles
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will always prevail.
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18.2 Types of personal data, purpose of collection and competent authority
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TeamSpeak USA collects and uses information in various ways. TeamSpeak
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USA only collects the data transmitted by your browser for purely
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|
informational use of the website. For more detailed information, please
|
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|
refer to section 6 of this Privacy Policy. TeamSpeak USA also collects
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|
data when you purchase licenses for software solutions from TeamSpeak
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|
USA. Further information can be found in section 7 of this data
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|
protection declaration. When cookies are used, they are stored on your
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|
computer. You will find more details on this under section 5 of this
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|
data protection declaration. Data is also collected, stored and
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|
processed when the TS3 Client and TS5 Client are downloaded. The same
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|
applies when using the TS3 Client and TS5 Client. For more information,
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|
please refer to section 9 of this Privacy Policy.
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TeamSpeak USA will only use personal information in a manner consistent
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|
with the purposes for which it was collected or authorized by you.
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TeamSpeak USA is subject to the US Department of Commerce International
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Trade Administration.
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18.3 Data transmission to third parties
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If we disclose personal information to third parties acting as agents of
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|
TeamSpeak USA, we will ensure that such third parties are also certified
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|
for the EU-U.S. Privacy Shield or have a resolution of appropriateness
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|
issued by the EU Commission, or that there are written agreements
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|
between us and the third party that at least meet Privacy Shield's
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|
privacy standards. To whom we disclose your personal information and for
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|
what purpose, please refer to the disclosures in this privacy statement
|
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|
regarding the specific use of TeamSpeak USA's information.
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Under certain circumstances, TeamSpeak USA may be liable for the
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|
disclosure of personal data of individuals from the European Economic
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|
Area if the third party has processed personal data in a manner
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|
inconsistent with the EU-U.S. Privacy Shield, unless TeamSpeak USA
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proves that it is not responsible for the event giving rise to the damage.
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We may need to disclose personal information in response to lawful
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|
requests from government authorities, for law enforcement or national
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security reasons, if necessary to comply with a court order, or if
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otherwise required by law.
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18.4 Data security
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TeamSpeak USA uses technical, electronic and administrative procedures
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|
to ensure the confidentiality of your personal information, including
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|
Secure Sockets Layer ("SSL") for all financial transactions. We use SSL
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|
encryption to protect your personal information online. We also take
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|
several steps to protect your personal information at our facilities.
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|
Access to your personal data is restricted. Only employees who need
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|
access to your personal information in order to perform certain tasks
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|
will have access to your personal information. Finally, for the
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|
technical security of some of our computer hardware, we rely on the
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|
services of third parties. We believe that their security measures are
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|
appropriate. For example, when you visit teamspeak.com, you access a
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|
server behind closed doors and an electronic firewall. Although we take
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|
industry-standard precautions to protect your personal information, we
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|
cannot guarantee complete security. 100% complete security is currently
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|
|
available neither online nor offline. TeamSpeak USA takes current
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|
technical measures to ensure data security and in particular to protect
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|
your personal data from the dangers of data transmission and the
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|
knowledge gained by third parties. TeamSpeak USA also regularly adapts
|
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|
these measures to the state of the art. TeamSpeak USA keeps you informed
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|
about data security in your organization at all times. Please send your
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|
request to privacy@teamspeak.com <mailto:privacy@teamspeak.com> or use
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|
the contact details given in the teamspeak.com imprint.
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|
18.5 Choice, access and corrections
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|
TeamSpeak USA provides individuals in the European Economic Area whose
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|
personal information has been submitted to us with the opportunity to
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|
choose whether the personal information you provide will be used for a
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|
purpose other than that for which it was originally collected. You may
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|
also opt out of the use of your personal information by contacting us at
|
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|
the contact details below. TeamSpeak USA will not use your personal
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|
information for any purpose other than that for which it was originally
|
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|
collected or subsequently authorized by you, unless we have received
|
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|
your express consent.
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|
TeamSpeak USA also provides you with reasonable access to personal
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|
information obtained in accordance with the Privacy Shield Principles.
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|
Upon request, we will also correct or update your personal information,
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|
stop sending emails to your email address, or deactivate your account to
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|
prevent future purchases through that account.
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|
You can send these requests by e-mail to privacy@teamspeak.com, by fax +
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|
1-619-312-4145 or by telephone at + 1-877-832-6773. Please do not send
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|
your credit card number or other sensitive information by e-mail.
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|
18.6 Offline Collection, Use and Disclosure of Information
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|
Information may also be collected offline, and attempts may be made to
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|
protect your personal information. For example, when you call, we only
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|
ask for the personal information we need to process the order or answer
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|
the question. When we need to store information, we enter it into our
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|
database using SSL encryption. Faxes are another example. If you fax us
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|
something, we respond to the fax and either store it in a locked room or
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|
we destroy the fax if the information does not need to be kept. It
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|
should be noted that we try to comply with the standards for data
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|
obtained online for data obtained offline.
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|
18.7 Enforcement of Privacy Shield Principles
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|
TeamSpeak USA implements compliance measures to ensure compliance with
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|
the Privacy Shields. Any employee found by TeamSpeak USA to be in
|
|
|
violation of these guidelines will be subject to disciplinary action.
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|
18.8 Settlement of disputes
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|
In accordance with the EU-U.S. Privacy Shield, TeamSpeak USA is
|
|
|
committed to resolving complaints about your privacy and our collection
|
|
|
or use of your personal information. Persons from a European Economic
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|
|
Area country should first contact TeamSpeak USA at the above address
|
|
|
with inquiries or complaints regarding Privacy Shield provisions.
|
|
|
TeamSpeak USA will investigate and attempt to resolve your complaints
|
|
|
based on the principles set forth in the Privacy Shield Policy.
|
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|
TeamSpeak USA is required to investigate the complaint within 45 days.
|
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|
TeamSpeak USA has also committed to submit unresolved privacy complaints
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|
under the Privacy Shield provisions to the independent enforcement
|
|
|
mechanism, the BBB EU PRIVACY SHIELD, which is often operated by the
|
|
|
Council's Better Business Bureau. If it does not acknowledge your
|
|
|
complaint in a timely manner or your complaint is not satisfactorily
|
|
|
addressed, please visit
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|
http://www.bbb.org/EU-privacy-shield/for-eu-consumers
|
|
|
<http://www.bbb.org/EU-privacy-shield/for-eu-consumers> for more
|
|
|
information and to file a complaint. Under certain limited
|
|
|
circumstances, an individual may also be able to invoke binding
|
|
|
arbitration under Annex I of the Privacy Shield Principles to resolve an
|
|
|
otherwise unresolved complaint.
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|
19. Data protection officer
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|
TeamSpeak has appointed an external privacy officer.
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|
Lawyer Stephan Hendel
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|
Bajuwarenstr. 2e
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|
93053 Regensburg, Germany
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|
Germany (German)
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|
Should you have any concerns or questions about the data you have
|
|
|
processed, you can also contact our data protection officer directly.
|
|
|
Further contact details can be found at https://www.gabler-hendel.de
|
|
|
<https://www.gabler-hendel.de/> .
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|
*20. Changes to this privacy policy*
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|
|
We always keep this privacy policy up to date. Therefore, we reserve the
|
|
|
right to change them from time to time and to update changes in the
|
|
|
collection, processing or use of your data.
|
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|
|
|
*Last updated:* *October 1, 2019*
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|
Terms and Conditions and Customer Information
|
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|
|
*TeamSpeak Systems, Inc.*
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I. General terms and conditions
|
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|
1. Scope of application
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|
|
1.1 These General Terms and Conditions (hereinafter referred to as
|
|
|
"GTC") apply to all contracts between TeamSpeak Systems Inc., PO Box
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|
211180, Chula Vista, CA, 91921 USA (hereinafter referred to as
|
|
|
"TeamSpeak") and customers via the websites provided by TeamSpeak under
|
|
|
the domains www.teamspeak.com, www.teamspeakusa.com and
|
|
|
www.myteamspeak.com (hereinafter referred to collectively as
|
|
|
"Teamspeak.com" and the latter as "Myteamspeak.com" and all three
|
|
|
collectively referred to as "TeamSpeak Websites").
|
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|
|
1.2 These General Terms and Conditions shall also apply to all future
|
|
|
services or offers to the customer, even if they are not separately
|
|
|
agreed again.
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|
1.3 TeamSpeak does not accept any deviating, additional or conflicting
|
|
|
general terms and conditions of the customer, so that they are not
|
|
|
included in the contract. This shall not apply if TeamSpeak has
|
|
|
expressly agreed in writing to the inclusion of the customer's GTC in
|
|
|
the respective individual case.
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|
2. Entrepreneur status
|
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|
|
|
2.1 All paid offers by TeamSpeak are directed exclusively at
|
|
|
entrepreneurs within the meaning of § 14 BGB who order and use the
|
|
|
services of TeamSpeak within the scope of their independent,
|
|
|
professional or commercial activity.
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|
|
2.2 TeamSpeak shall check the customer's entrepreneurial status prior to
|
|
|
the conclusion of the contract for paid services. The customer must
|
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|
provide TeamSpeak with any documents requested for this purpose, such as
|
|
|
a business registration.
|
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|
2.3 An entrepreneur is any natural or legal person or a partnership with
|
|
|
legal capacity who, upon conclusion of a legal transaction, in this case
|
|
|
the conclusion of a contract with TeamSpeak, acts in the exercise of its
|
|
|
commercial or self-employed professional activity, § 14 BGB (German
|
|
|
Civil Code).
|
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|
2.4 A consumer is any natural person who concludes a legal transaction,
|
|
|
in this case the conclusion of a contract with TeamSpeak, for purposes
|
|
|
which can predominantly not be attributed to his commercial or
|
|
|
self-employed professional activity, § 13 BGB.
|
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|
2.5 Non-commercial grouping within the meaning of these GTC is any
|
|
|
grouping of consumers or any legal entity whose business activity does
|
|
|
not serve to generate profits, in particular legal entities pursuing a
|
|
|
non-profit corporate purpose.
|
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|
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|
3. Subject matter of the contract
|
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|
|
3.1 TeamSpeak is the provider of the software solutions "TS3 Client",
|
|
|
"TeamSpeak 3 SDK" and "TS 5 Client" as well as the respective mobile
|
|
|
client applications for iOS and Android (hereinafter referred to as
|
|
|
"Software Solutions"), which enable the customer to communicate via
|
|
|
voice or text and to exchange files with third parties.
|
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|
|
|
The "TS3 Client" and "TS 5 Client" software solutions denote the object
|
|
|
code of the TeamSpeak Communication Software version 3 and 5 client
|
|
|
provided to you by TeamSpeak, including any software enhancements,
|
|
|
upgrades or updates you receive.
|
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|
|
|
|
The TeamSpeak 3 SDK Software Solution means the object code of the
|
|
|
TeamSpeak Version 3 Software Development Kit Software and the client and
|
|
|
server provided to you by TeamSpeak, including any software
|
|
|
enhancements, upgrades or updates you receive.
|
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|
|
"Client" means the TeamSpeak software that connects to the TeamSpeak
|
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|
server software via the Internet. "Server" means the TeamSpeak software
|
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|
(whether 32-bit or 64-bit) which is installed on a computer and acts as
|
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|
a host.
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|
3.1.1 The "TS3 Client" and "TS 5 Client" software solution enables the
|
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|
customer to communicate with third parties by sharing his TeamSpeak
|
|
|
server address with them. The number of third parties to whom the
|
|
|
communication channel can be made available depends on the scope of the
|
|
|
customer's license.
|
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|
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|
|
3.1.2 The software solution "TeamSpeak 3 SDK" represents a solution for
|
|
|
integrating the technical solution for voice transmission and other
|
|
|
functions such as file transfer, chat function etc. into the Customer's
|
|
|
own software solutions.
|
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|
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|
|
3.2 The software solutions are offered under the following license models:
|
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|
3.2.1 "Unlicensed": Under the license model "Unlicensed" the software
|
|
|
solutions "TS3 Client" and its predecessor "TeamSpeak 2" can be used
|
|
|
free of charge. Use of the "TeamSpeak 2 - Server" software solution is
|
|
|
limited to a maximum of two virtual servers with up to 1000 slots, use
|
|
|
of the "TeamSpeak 3 Server" software solution is limited to one virtual
|
|
|
server with up to 32 slots. The use is unlimited in terms of time. There
|
|
|
is no feedback from the virtual server to TeamSpeak. The license model
|
|
|
"Unlicensed" is only available to non-commercial groups and consumers.
|
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|
|
|
3.2.2 "Non-Profit" (hereinafter referred to as "NPL"): The "TeamSpeak 3
|
|
|
Server" software solution can be used free of charge under the "NPL"
|
|
|
license model. The use is limited to two virtual servers with up to 512
|
|
|
slots. The license period is 6 months. Sublicensing of slots and virtual
|
|
|
servers to third parties is not permitted. The license model "NPL" is
|
|
|
only available to non-commercial groups and consumers.
|
|
|
|
|
|
3.2.3 "Annual Activation/ Single Server" (hereinafter referred to as
|
|
|
"AAL"): Under the license model "AAL" the software solution "TeamSpeak 3
|
|
|
Server" can be used against payment. Depending on the licensing selected
|
|
|
by the customer, the use is between a virtual server with up to 32 slots
|
|
|
and up to 2 virtual servers with up to 1064 slots. The license period is
|
|
|
one year. Sublicensing of slots and virtual servers to third parties is
|
|
|
not permitted.
|
|
|
|
|
|
3.2.4 "Authorized TeamSpeak Hosting Provider" (hereinafter referred to
|
|
|
as "ATHP"): Under the "ATHP" license model, the "TeamSpeak 3 Server"
|
|
|
software solution can be used for an unlimited fee and virtual servers
|
|
|
and slots can be sublicensed to third parties. The license period is one
|
|
|
year.
|
|
|
|
|
|
3.2.5 Software Development Kit (hereinafter referred to as "SDK"): Under
|
|
|
the license model "SDK", the software solution "TeamSpeak 3 SDK" can be
|
|
|
used against payment for integration into the user's own software
|
|
|
solutions. TeamSpeak customizes and agrees the terms of the "SDK"
|
|
|
license model to the individual needs of the user.
|
|
|
|
|
|
3.3 TeamSpeak also procures server space via Teamspeak.com which is
|
|
|
offered by third parties.
|
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|
|
3.4 The customer also has the possibility to download the Teamspeak
|
|
|
Software Client via Teamspeak.com or the referring websites. The client
|
|
|
is offered for the operating systems Windows, Linux and MacOS.
|
|
|
Furthermore the customer has the possibility to download the client in a
|
|
|
version for mobile devices for iOS or Android.
|
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|
|
|
|
3.5 TeamSpeak operates a forum via myteamspeak.com which enables the
|
|
|
customer to publish contributions to TeamSpeak's services, in particular
|
|
|
questions, suggestions and reviews on Teamspeak.com in the "Community"
|
|
|
section.
|
|
|
|
|
|
3.6 The customer also has the opportunity to upload his own software
|
|
|
programs compatible with TeamSpeak's software solutions (hereinafter
|
|
|
referred to as "Add Ons") to the Teamspeak websites and to offer them to
|
|
|
third parties for download, as well as to download the Add Ons offered
|
|
|
by third parties via myteamspeak.com.
|
|
|
|
|
|
3.7 However, the "TS3 Client" and the "TS5 Client" as well as the
|
|
|
respective mobile applications for iOS and Android may only be used to
|
|
|
connect to official "TeamSpeak 3 Servers" and "TeamSpeak 5 Servers"
|
|
|
developed by TeamSpeak. Any other use is expressly prohibited. In the
|
|
|
event of an infringement, TeamSpeak reserves the right to assert claims
|
|
|
for damages.
|
|
|
|
|
|
|
|
|
A. Provisions concerning the conclusion of the contract
|
|
|
|
|
|
|
|
|
4. Conclusion of the contract on the licensing of the software
|
|
|
solutions
|
|
|
|
|
|
4.1 A contract with TeamSpeak regarding the licensing of the software
|
|
|
solutions shall be concluded as described below:
|
|
|
|
|
|
4.1.1 "Unlicensed": The contract for the free use of the license model
|
|
|
"Unlicensed" is concluded when the customer downloads the respective
|
|
|
software solution and TeamSpeak makes the software solution available.
|
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|
|
4.1.1.1 For this purpose, Customer shall press the button on
|
|
|
TeamSpeak.com labeled "Licensing Overview" followed by the button under
|
|
|
the description of the license model "Unlicensed" labeled "Download".
|
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|
|
4.1.1.2 Without having to register, the customer has the possibility to
|
|
|
download the software solution and use it in accordance with these GTC.
|
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|
|
4.1.1.3 When the software solution is downloaded, a binding contract is
|
|
|
concluded between TeamSpeak and the customer regarding the use of the
|
|
|
software solution in the "Unlicensed" license model.
|
|
|
|
|
|
4.1.2 "NPL": The contract for the free use of the license model "NPL" is
|
|
|
concluded as follows:
|
|
|
|
|
|
4.1.2.1 Customer clicks on TeamSpeak.com the button labeled "Licensing
|
|
|
Overview" and then the button labeled "Register" displayed under the
|
|
|
description of the licensing model "NPL".
|
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|
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|
|
4.1.2.2 The customer presses the button labeled "Continue to NPL
|
|
|
Application" on the overview displayed and confirms the existence of the
|
|
|
prerequisites for a non-commercial grouping or consumer property by
|
|
|
pressing the button labeled "Continue". He also confirms the license
|
|
|
conditions and these GTC by pressing the buttons marked "I agree".
|
|
|
|
|
|
4.1.2.3 By clicking the "Submit" button, the customer submits an offer
|
|
|
to TeamSpeak to conclude the contract for the license model "NPL".
|
|
|
Before pressing the button labeled "Submit", the customer has the option
|
|
|
of deleting or correcting his entry or canceling the process at any
|
|
|
time, also by pressing the "Back" button on his browser.
|
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|
|
4.1.2.4 TeamSpeak shall send a confirmation e-mail to the e-mail address
|
|
|
provided during the registration process, confirming receipt of the
|
|
|
customer's offer by TeamSpeak. A contract does not come off with
|
|
|
entrance of this confirmation E-Mail with the customer.
|
|
|
|
|
|
4.1.2.5 TeamSpeak accepts the customer's offer by making the software
|
|
|
solution available for download. This results in a binding contract
|
|
|
between TeamSpeak and the customer for the use of the software solution
|
|
|
in the "NPL" license model.
|
|
|
|
|
|
4.1.2.6 TeamSpeak shall send a confirmation e-mail to the e-mail address
|
|
|
specified during registration, summarizing the essential content of the
|
|
|
contract, to the customer. With this confirmation e-mail the AGB are
|
|
|
also sent to the customer.
|
|
|
|
|
|
4.1.3 "AAL": The contract for the paid use of the license model "AAL" is
|
|
|
concluded as follows:
|
|
|
|
|
|
4.1.3.1 Customer registers for a TeamSpeak.com account: Customer presses
|
|
|
the button labeled "Sales" and then the button labeled "Continue to
|
|
|
register for an account. He fills in the displayed registration form and
|
|
|
sends it by pressing the button marked "Register".
|
|
|
|
|
|
4.1.3.2 The customer receives an overview of the data entered by him and
|
|
|
is given the option of correcting or deleting this data after pressing
|
|
|
the "modify" button or canceling the registration process by closing the
|
|
|
browser window or pressing the "Back" button on the browser.
|
|
|
|
|
|
4.1.3.3 By pressing the button with the inscription "Confirm", the
|
|
|
customer submits a binding offer to conclude a contract for the opening
|
|
|
of his customer account.
|
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|
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|
|
4.1.3.4 TeamSpeak will send a confirmation email with a confirmation
|
|
|
link and password to the customer.
|
|
|
|
|
|
4.1.3.5 TeamSpeak shall display the license models offered to the
|
|
|
customer in the customer area of the customer account. With this
|
|
|
advertisement TeamSpeak makes a binding offer to conclude a contract
|
|
|
with the customer for the license models displayed.
|
|
|
|
|
|
4.1.3.6 The customer selects the desired "AAL" license in his customer
|
|
|
account and presses the button with the inscription "Add". By pressing
|
|
|
the button labeled "Add", the customer accepts TeamSpeak's offer to
|
|
|
conclude a contract and a binding contract for the use of the software
|
|
|
solution in the license model "AAL" is concluded.
|
|
|
|
|
|
4.1.3.7 TeamSpeak shall send a confirmation e-mail to the e-mail address
|
|
|
specified during registration, summarizing the essential content of the
|
|
|
contract, to the customer.
|
|
|
|
|
|
4.1.4 "ATHP": The contract for the paid use of the "ATHP" license model
|
|
|
is concluded as follows:
|
|
|
|
|
|
4.1.4.1 The customer registers for a TeamSpeak.com customer account. The
|
|
|
steps of registration are governed by sections 4.1.3.1 to 4.1.3.4 of
|
|
|
these GTC.
|
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|
|
|
|
4.1.4.2 The customer selects the licence model "ATHP" in his customer
|
|
|
account and presses the button with the inscription "Add". The customer
|
|
|
will receive an invoice for the registration fee of $ 50 USD. Once the
|
|
|
customer has paid the registration fee, TeamSpeak will send an email to
|
|
|
the customer with instructions to complete the application process (as
|
|
|
described below).
|
|
|
|
|
|
4.1.4.3 The customer shall send TeamSpeak the completed application
|
|
|
form, the signed license agreement, a photocopy of the identity card or
|
|
|
passport of an authorized representative as well as the business
|
|
|
registration, the VAT ID or any other document that identifies the
|
|
|
customer as an entrepreneur within the meaning of section 2.3 of these
|
|
|
GTC. The documents will be sent to TeamSpeak by e-mail to
|
|
|
athps@teamspeak.com or by fax to +49-8825-920-27-97. By sending the
|
|
|
aforementioned documents, the customer submits a binding offer to
|
|
|
conclude the contract.
|
|
|
|
|
|
4.1.4.4 TeamSpeak will send a confirmation email to the email address
|
|
|
stored in the customer's account confirming receipt of the customer's
|
|
|
offer. A contract does not come off with the entrance of this
|
|
|
confirmation e-mail.
|
|
|
|
|
|
4.1.4.5 TeamSpeak accepts the customer's offer by making the software
|
|
|
solution available for download in the customer area of the customer
|
|
|
account. With the provision of the software solution, a binding contract
|
|
|
is concluded between the customer and TeamSpeak for the use of the
|
|
|
software solution in the "ATHP" license model.
|
|
|
|
|
|
4.1.4.6 TeamSpeak will send a confirmation email to the email address
|
|
|
provided during registration, summarizing the main content of the
|
|
|
contract, to the customer.
|
|
|
|
|
|
4.1.5 "Software Development Kit" (hereinafter referred to as "SDK"): The
|
|
|
contract for the paid use of the license model "SDK" is concluded by
|
|
|
individual conclusion of a contract with the Customer.
|
|
|
|
|
|
4.1.5.1 The customer shall contact TeamSpeak by e-mail at
|
|
|
ts3sdk@teamspeak.com or by telephone at +49 8825 920200-0.
|
|
|
|
|
|
4.1.5.2 TeamSpeak shall send the customer an offer for the services
|
|
|
requested by the customer in text form to the e-mail address provided by
|
|
|
the customer. With this e-mail TeamSpeak makes a binding offer to
|
|
|
conclude a contract under the conditions stated in the e-mail.
|
|
|
|
|
|
4.1.5.3 Acceptance of TeamSpeak's offer by the customer in text form
|
|
|
constitutes a binding contract for the use of the "SDK" license model.
|
|
|
|
|
|
|
|
|
5. Conclusion of a contract for the provision of server space
|
|
|
|
|
|
5.1 The customer is forwarded via Teamspeak.com to the internet presence
|
|
|
of the third party provider.
|
|
|
|
|
|
5.2 A contract conclusion comes about in the case of the switching of
|
|
|
server places offered by a third party exclusively between the customer
|
|
|
and the respective third party. It is strongly recommended that the
|
|
|
customer obtain information from the third party about the conclusion of
|
|
|
the contract and, if applicable, its general terms and conditions.
|
|
|
|
|
|
|
|
|
6. Conclusion of the contract about the licensing of the client
|
|
|
|
|
|
6.1 A contract on the licensing of the client is concluded as follows:
|
|
|
|
|
|
6.1.1 The customer clicks the "Download" button on TeamSpeak.com. The
|
|
|
customer is redirected to a subpage that shows an overview of the client
|
|
|
versions to be downloaded (Windows, Linux and MacOS as well as for
|
|
|
mobile devices).
|
|
|
|
|
|
6.1.2 The Customer selects the version corresponding to his requirements
|
|
|
and presses the button marked "Download" which is displayed next to the
|
|
|
version of the Client he has selected. The customer has the possibility
|
|
|
to cancel the download process at any time by closing his browser window
|
|
|
or ending the process.
|
|
|
|
|
|
6.1.3 If Windows, Linux or MacOS versions are selected, the customer
|
|
|
submits a binding offer to conclude the contract by pressing the button
|
|
|
marked "Download". TeamSpeak accepts this offer by providing the client
|
|
|
for download by teamspeak.com or the referring websites, so that a
|
|
|
binding contract is concluded between TeamSpeak and the client.
|
|
|
|
|
|
6.1.4 If a version of the Client is selected for mobile devices, the
|
|
|
Customer will be redirected to the Internet pages of third parties
|
|
|
"Apple AppStore" (iOS) or "Android Market" (Android) and can purchase
|
|
|
these there in accordance with the conditions of the respective third
|
|
|
party provider. The customer is strongly advised to inform himself about
|
|
|
the conclusion of the contract and the general terms and conditions of
|
|
|
the third party provider.
|
|
|
|
|
|
|
|
|
7. Conclusion of a contract concerning the uploading and
|
|
|
downloading of Add Ons
|
|
|
|
|
|
7.1 TeamSpeak only provides the platform for uploading and downloading
|
|
|
add-ons. The contract for the use of the respective add-on is concluded
|
|
|
exclusively between the customer who uploads the add-on and the customer
|
|
|
who downloads the add-on.
|
|
|
|
|
|
7.2 To upload Add Ons, Customer must register for a Customer Account as
|
|
|
a Developer (hereinafter referred to as "Developer Account").
|
|
|
|
|
|
7.3 To do this, the customer presses the button labeled "MyTeamSpeak"
|
|
|
and the button labeled "Register" on the underside of the screen that
|
|
|
appears.
|
|
|
|
|
|
7.4 The Customer fills in the registration form displayed with the
|
|
|
e-mail address and password and clicks the button marked "Register".
|
|
|
|
|
|
7.5 TeamSpeak will send a confirmation email with a confirmation link to
|
|
|
the customer.
|
|
|
|
|
|
7.6 The customer activates the confirmation link contained in the e-mail
|
|
|
and is taken to his customer account under the menu item "Dashboard".
|
|
|
|
|
|
7.7 The customer presses the button in his customer account with the
|
|
|
inscription "Become a developer". By entering their name and mobile
|
|
|
phone number, the customer fills out a registration form and clicks the
|
|
|
button labeled "Send confirmation code".
|
|
|
|
|
|
7.8 TeamSpeak will send a confirmation code with a limited validity
|
|
|
period to the mobile phone number provided by the customer.
|
|
|
|
|
|
7.9 The customer enters the confirmation code in the form field provided
|
|
|
and presses the button marked "confirm".
|
|
|
|
|
|
7.10 To download Add Ons, the customer does not need to register for a
|
|
|
customer account. Downloading is possible free of charge and without
|
|
|
registration on the "MyTeamSpeak" subpage.
|
|
|
|
|
|
7.11 Only such add-ons in connection with the "TS 3 Client" and "TS 5
|
|
|
Client" and the respective mobile applications for iOS and Android that
|
|
|
can be downloaded from the website myteamspeak.com may be used.
|
|
|
|
|
|
|
|
|
8. Conclusion of the contract on the use of the forum
|
|
|
|
|
|
8.1 The Customer shall press the button marked "Forum" and then the
|
|
|
button marked "Register".
|
|
|
|
|
|
8.2 The Customer shall complete the registration form displayed after
|
|
|
pressing the "Register" button.
|
|
|
|
|
|
8.3 After filling in the registration form, the Customer clicks the
|
|
|
button labeled "Complete Registration". He can correct his data at any
|
|
|
time until he clicks the "Complete Registration" button or cancel the
|
|
|
registration by closing his browser window or clicking the "Back" button
|
|
|
on his browser.
|
|
|
|
|
|
8.4 The customer shall receive a confirmation of receipt from TeamSpeak
|
|
|
containing a confirmation link. This confirmation of receipt does not
|
|
|
constitute an offer on the part of TeamSpeak to conclude a contract, but
|
|
|
merely serves to verify the customer's data.
|
|
|
|
|
|
8.5 The customer can click on the confirmation link and then register
|
|
|
for his customer account. By activating the confirmation link, the
|
|
|
customer makes a binding offer to use the forum free of charge.
|
|
|
|
|
|
8.6 TeamSpeak accepts the customer's offer by providing the customer
|
|
|
account, so that a binding contract is concluded.
|
|
|
|
|
|
|
|
|
B. Special provisions for the respective contracts for individual
|
|
|
services
|
|
|
|
|
|
|
|
|
9. Licence fees for the use of the software solutions
|
|
|
|
|
|
9.1 Royalties under the "ATHP" licensing model
|
|
|
|
|
|
9.1.1 For the use of the software solution in the license model "ATHP",
|
|
|
a lump-sum basic fee as well as use-dependent current license fees are
|
|
|
to be paid.
|
|
|
|
|
|
9.1.2 The basic fee is a lump sum of 50 dollars and is due once upon
|
|
|
conclusion of the contract.
|
|
|
|
|
|
9.1.3 The amount of current licence fees for the granting of licences in
|
|
|
the "ATHP" licence model shall be determined on the basis of the actual
|
|
|
use of the number of slots per calendar day. For this purpose, the
|
|
|
number of slots used is transmitted daily by the virtual server to a
|
|
|
server operated by TeamSpeak. The customer undertakes not to take any
|
|
|
action against TeamSpeak that is likely to prevent such transmission or
|
|
|
alter the transmission result. The current license fees are due ten
|
|
|
working days after receipt of the invoice by the customer.
|
|
|
|
|
|
9.1.4 A minimum license fee shall be deemed agreed between the customer
|
|
|
and TeamSpeak. For the first year of licence use, this amounts to the
|
|
|
licence fee for the use of 200 slots used and for each subsequent year
|
|
|
of licence use, the licence fee for the use of 1,000 slots used. If the
|
|
|
minimum license fee is not reached, the customer must nevertheless pay
|
|
|
license fees in the amount of the minimum license fee.
|
|
|
|
|
|
9.2 Unless otherwise agreed between the customer and TeamSpeak, the
|
|
|
license fees stated in the service description for the respective
|
|
|
license model shall be deemed agreed.
|
|
|
|
|
|
9.3 TeamSpeak is entitled to change the license fees in the course of
|
|
|
further development of the software solutions or for reasons of
|
|
|
adaptation to the market situation.
|
|
|
|
|
|
9.4 In the event of a price adjustment, a list with the changed prices
|
|
|
will be sent to the customer in text form.
|
|
|
|
|
|
9.5 The customer has the option to terminate the license agreement
|
|
|
without notice within a period of four weeks commencing with the receipt
|
|
|
of the message referred to in Section 9.4 of these General Terms and
|
|
|
Conditions.
|
|
|
|
|
|
9.6 The customer has the possibility to object to the price adjustment
|
|
|
within a period of four weeks beginning with the receipt of the message
|
|
|
referred to in section 9.4 of these General Terms and Conditions. In the
|
|
|
event of an objection by the customer, TeamSpeak shall be entitled to
|
|
|
terminate the contract extraordinarily within a period of four weeks
|
|
|
beginning with the receipt of the objection by TeamSpeak.
|
|
|
|
|
|
|
|
|
10. Prices and terms of payment for the licensing of the software
|
|
|
solutions
|
|
|
|
|
|
10.1 All prices or price quotations quoted by TeamSpeak are always in
|
|
|
the form of US dollars, even in the absence of an express currency
|
|
|
indication, unless otherwise agreed between the parties.
|
|
|
|
|
|
10.2 All prices or price quotations are exclusive of the applicable
|
|
|
value added tax and any further public charges.
|
|
|
|
|
|
10.3 When ordering via Teamspeak.com, the customer only has access to
|
|
|
the payment options indicated under the menu item "Pay", whereby
|
|
|
TeamSpeak expressly reserves the right to reject a payment method
|
|
|
selected by the customer in the contract offer.
|
|
|
|
|
|
10.4 In the case of telephone orders or orders placed by e-mail, fax or
|
|
|
post, payment by bank transfer shall be agreed as advance payment unless
|
|
|
otherwise agreed, whereby TeamSpeak's remuneration shall become due upon
|
|
|
conclusion of the contract, i.e. the customer shall be obliged to pay
|
|
|
the remuneration in advance.
|
|
|
|
|
|
10.5 If payment on account has been agreed, payment shall be due within
|
|
|
fourteen working days of receipt of the invoice by the Customer.
|
|
|
|
|
|
10.6 TeamSpeak shall be entitled to perform or provide outstanding
|
|
|
services only against advance payment or security if, after conclusion
|
|
|
of the contract, it becomes aware of circumstances which could
|
|
|
significantly reduce the creditworthiness of the customer and which
|
|
|
endanger the payment of TeamSpeak's outstanding claims by the customer
|
|
|
arising from the respective contractual relationship (including from
|
|
|
other individual orders).
|
|
|
|
|
|
|
|
|
11. Termination of license agreements for the software solutions
|
|
|
|
|
|
11.1 The contracts for the licensing of software solutions have the
|
|
|
contract term stated in the service description (hereinafter referred to
|
|
|
as the "minimum contract term"), i.e.
|
|
|
|
|
|
11.1.1 The contract for the "Unlicensed" license model has no fixed
|
|
|
contract term. The license model can be used by the customer at any time
|
|
|
as long as TeamSpeak offers this license model.
|
|
|
|
|
|
11.1.2 The contract for the "NPL" licensing model has a minimum term of
|
|
|
six months.
|
|
|
|
|
|
11.1.3 The contract for the "AAL" licence model has a minimum term of
|
|
|
twelve months.
|
|
|
|
|
|
11.1.4 The contract for the "ATHP" licence model has a minimum term of
|
|
|
twelve months.
|
|
|
|
|
|
11.1.5 The contract for the license model "SDK" has the individually
|
|
|
agreed minimum contract term.
|
|
|
|
|
|
11.2 The Contract shall be automatically extended by the minimum
|
|
|
Contract Term if neither party terminates the Contract at the end of the
|
|
|
minimum Contract Term. With the license model "NPL", the contract is
|
|
|
only automatically extended if the customer has used the software
|
|
|
solution within a period of one month before the end of the minimum
|
|
|
contract term; otherwise the contract ends automatically with the end of
|
|
|
the minimum contract term.
|
|
|
|
|
|
11.3 The license agreement may be terminated by the customer at any time
|
|
|
at the end of the minimum contract term without notice. TeamSpeak may
|
|
|
terminate the License Agreement at any time subject to a notice period
|
|
|
equal to half the period of the minimum contract term to the end of the
|
|
|
minimum contract term.
|
|
|
|
|
|
11.4 The right of both parties to extraordinary termination remains
|
|
|
unaffected. TeamSpeak is entitled to an extraordinary right of
|
|
|
termination, in particular under the conditions set out in Section 11.5
|
|
|
of these GTC.
|
|
|
|
|
|
11.5 In particular, TeamSpeak has a right of extraordinary termination,
|
|
|
|
|
|
11.5.1.1 if the Customer defaults on two consecutive payments due for
|
|
|
the Licensing.
|
|
|
|
|
|
11.5.1.2 if the customer repeatedly falls below the minimum license fee
|
|
|
in the case of a contract for the license model "ATHP".
|
|
|
|
|
|
11.5.1.3 if the customer repeatedly violates his obligations under the
|
|
|
license agreement, including these GTC, despite a warning and the
|
|
|
violations are not insignificant.
|
|
|
|
|
|
11.5.1.4 if the customer repeatedly breaches its essential obligations
|
|
|
under this contract despite a warning from TeamSpeak and is responsible
|
|
|
for the breach.
|
|
|
|
|
|
11.5.1.5 if the customer has chosen the license models "Unlicensed" or
|
|
|
"NPL" without the property as a consumer or non-commercial grouping
|
|
|
being present or this property having subsequently ceased to exist. In
|
|
|
this case we reserve the right to claim damages.
|
|
|
|
|
|
11.6 Each termination requires the text form.
|
|
|
|
|
|
|
|
|
12. Obligations of the customer when using the client
|
|
|
|
|
|
12.1 The customer himself is obliged to undertake data back-ups at
|
|
|
regular intervals. TeamSpeak is not responsible for any loss of data
|
|
|
resulting from a breach of this obligation. This does not apply if
|
|
|
TeamSpeak is responsible for the violation.
|
|
|
|
|
|
12.2 Furthermore, the customer is obliged to use programs corresponding
|
|
|
to the current technical standard against viruses and other malicious
|
|
|
software.
|
|
|
|
|
|
12.3 Updates to the Standard Software will be provided free of charge
|
|
|
when and as they become available. The customer is obliged in his own
|
|
|
interest to install updates of the client immediately after their
|
|
|
publication. Otherwise the usability of the client may be restricted.
|
|
|
|
|
|
|
|
|
13. Termination of the client licensing agreements
|
|
|
|
|
|
13.1 The Customer may terminate the Client Licensing Agreement at any
|
|
|
time by removing the Client from any of the Customer's end devices.
|
|
|
|
|
|
13.2 The right to extraordinary termination without notice of both
|
|
|
parties remains unaffected.
|
|
|
|
|
|
13.3 Each termination obliges the customer to immediately remove the
|
|
|
client from all end devices.
|
|
|
|
|
|
|
|
|
14. Publication of contributions in the forum
|
|
|
|
|
|
14.1 The registered customer has the possibility to publish
|
|
|
contributions in the area "Community Forum" on myteamspeak.com via the
|
|
|
customer area of his customer account.
|
|
|
|
|
|
14.2 In order to publish a new contribution, the Customer uploads the
|
|
|
contribution by clicking on the "Post New Thread" button. When replying
|
|
|
to a contribution from another customer, the customer clicks the button
|
|
|
labeled "Reply To Thread" to publish his reply contribution. The
|
|
|
contribution will then be transmitted to TeamSpeak and published by
|
|
|
TeamSpeak on myteamspeak.com.
|
|
|
|
|
|
14.3 TeamSpeak does not control contributions prior to publication.
|
|
|
TeamSpeak expressly reserves the right to delete individual
|
|
|
contributions in the event of a reference to the illegality of a
|
|
|
contribution.
|
|
|
|
|
|
14.4 The customer undertakes vis-à-vis TeamSpeak not to publish any
|
|
|
contributions that violate the laws of the Federal Republic of Germany
|
|
|
or the rights of third parties.
|
|
|
|
|
|
14.5 The customer indemnifies TeamSpeak against all rights of third
|
|
|
parties which they may assert against TeamSpeak due to the publication
|
|
|
of contributions on Teamspeak.com by the customer. Subject to the
|
|
|
customer's consent, TeamSpeak will not make any acknowledgements or
|
|
|
other declarations in legal transactions which justify the asserted
|
|
|
claims of the third party.
|
|
|
|
|
|
14.6 The indemnity obligation set forth in Section 14.5 of these GTC
|
|
|
shall not apply if the circumstances justifying the claims of the third
|
|
|
party can be proven to be due to gross negligence or wilful misconduct
|
|
|
on the part of TeamSpeak.
|
|
|
|
|
|
14.7 TeamSpeak undertakes, insofar as the customer's obligation to
|
|
|
indemnify as stipulated in section 14.5 of these GTC is affected, to
|
|
|
inform the customer immediately of any legal action brought against
|
|
|
TeamSpeak or of any assertion of claims against TeamSpeak and to give
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the customer the opportunity to assume legal defence.
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|
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15. Termination of the user account for the forum
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|
15.1 The customer has the option to have TeamSpeak delete his customer
|
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|
account at any time. For this purpose, the customer sends the deletion
|
|
|
request in text form to TeamSpeak. Termination is also possible against
|
|
|
a moderator of the forum in text form. TeamSpeak shall delete the
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|
|
customer's forum account immediately upon receipt of the notice of
|
|
|
termination. Contributions published by the customer may be deleted or
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|
|
anonymized at TeamSpeak's discretion. With the deletion the contract
|
|
|
about the use of the customer account ends.
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15.2 TeamSpeak has the right to terminate the contract for the use of
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the customer account at any time with three months' notice to the end of
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|
|
the quarter of a calendar year.
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15.3 The right of both parties to extraordinary termination remains
|
|
|
unaffected. A right to extraordinary termination exists in particular if
|
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|
the customer repeatedly violates his obligations under section 14.4 of
|
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these GTC despite a warning and the violation is not insignificant.
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15.4 Any notice of termination must be in text form.
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16. Publication of Add Ons
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16.1 If the customer is registered as a developer, he has the
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|
possibility to upload Add Ons and offer them to third parties for free
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|
download.
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|
16.2 In order to upload Add Ons, the customer clicks the button with the
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|
label "Upload Add Ons" in the customer area of his customer account. The
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customer submits the add-ons to be uploaded by him to TeamSpeak by
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|
pressing the button labeled "Add Addon".
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16.3 TeamSpeak releases the Add Ons on "MyTeamspeak".
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16.4 TeamSpeak does not control the uploaded add-ons prior to
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|
publication. TeamSpeak also expressly reserves the right to delete
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|
individual add-ons in the event of a reference to the illegality of an
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|
add-on.
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|
16.5 The customer undertakes not to publish any add-ons to TeamSpeak
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|
that violate the laws of the Federal Republic of Germany, the rights of
|
|
|
TeamSpeak or the rights of third parties.
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|
16.6 The customer shall indemnify TeamSpeak against all third party
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|
|
rights asserted against TeamSpeak by the customer due to the publication
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|
|
of add-ons on myteamspeak.com by the customer. Subject to the customer's
|
|
|
consent, TeamSpeak will not make any acknowledgements or other
|
|
|
declarations in legal transactions which justify the asserted claims of
|
|
|
the third party.
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|
|
16.7 The indemnity obligation set forth in Section 16.6 of these GTC
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|
|
shall not apply if the circumstances justifying the claims of the third
|
|
|
party can be proven to be due to gross negligence or wilful misconduct
|
|
|
on the part of TeamSpeak.
|
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|
|
16.8 TeamSpeak undertakes to inform the customer immediately of any
|
|
|
legal action taken against TeamSpeak or the assertion of claims against
|
|
|
TeamSpeak and to give the customer the opportunity to assume legal
|
|
|
defence in the event that the customer's obligation to indemnify is
|
|
|
breached in accordance with Section 16.6 of these General Terms and
|
|
|
Conditions.
|
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|
|
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|
|
17. Termination of the customer account as developer
|
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|
|
|
|
17.1 The customer has the option of having TeamSpeak delete his customer
|
|
|
account as a developer at any time. For this purpose, the customer sends
|
|
|
the deletion request in text form to TeamSpeak. TeamSpeak will delete
|
|
|
the customer's developer account immediately upon receipt of the
|
|
|
termination notice. Add-ons published by the customer will also be
|
|
|
deleted immediately. With the deletion the contract about the use of the
|
|
|
Developer account ends.
|
|
|
|
|
|
17.2 TeamSpeak has the right to terminate the Developer Account
|
|
|
Agreement at any time with three months' notice to the end of the
|
|
|
quarter of a calendar year.
|
|
|
|
|
|
17.3 The right of both parties to extraordinary termination remains
|
|
|
unaffected. A right to extraordinary termination exists in particular if
|
|
|
the customer repeatedly violates his obligations under section 16.5 of
|
|
|
these GTC despite a warning and the violation is not insignificant.
|
|
|
|
|
|
17.4 Any notice of termination must be given in writing.
|
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|
C. General provisions
|
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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 shall apply to entrepreneurs:
|
|
|
|
|
|
18.2.1 The customer's warranty rights expire within one year. This shall
|
|
|
not apply to damages culpably caused by TeamSpeak resulting from injury
|
|
|
to life, body or health and damages caused by gross negligence or intent
|
|
|
or fraudulent intent, as well as in the case of recourse claims pursuant
|
|
|
to §§ 478, 479 BGB (German Civil Code).
|
|
|
|
|
|
18.2.2 A warranty by TeamSpeak is excluded if the defect is due to
|
|
|
circumstances caused by TeamSpeak at the express request of the customer.
|
|
|
|
|
|
18.2.3 The strict liability for damages for initial defects according to
|
|
|
§ 536a Abs. 1 BGB is excluded.
|
|
|
|
|
|
|
|
|
19. Liability
|
|
|
|
|
|
19.1 TeamSpeak shall be liable in all cases of contractual and
|
|
|
non-contractual liability for intent and gross negligence in accordance
|
|
|
with the statutory provisions.
|
|
|
|
|
|
19.2 In other cases, TeamSpeak shall be liable - unless otherwise
|
|
|
stipulated in Section 19.1 of these GTC - only in the event of a breach
|
|
|
of a contractual obligation, the fulfilment of which is essential for
|
|
|
the proper execution of the contract and on the observance of which the
|
|
|
customer may therefore regularly rely (so-called cardinal obligation).
|
|
|
In all other cases, TeamSpeak's liability is excluded subject to the
|
|
|
provision in Section 19.1 of these GTC.
|
|
|
|
|
|
19.3 To the extent that TeamSpeak is liable on the merits pursuant to
|
|
|
clause 19.1 of these GTC, this liability shall be limited to damages
|
|
|
which TeamSpeak foresaw at the time of conclusion of the contract as a
|
|
|
possible consequence of a breach of contract or which TeamSpeak should
|
|
|
have foreseen if it had exercised due care. Furthermore, indirect
|
|
|
damages and consequential damages resulting from deficiencies in
|
|
|
TeamSpeak's performance shall only be eligible for compensation if such
|
|
|
damages are typically to be expected when the performance is used as
|
|
|
intended.
|
|
|
|
|
|
19.4 TeamSpeak's liability for damages resulting from injury to life,
|
|
|
limb or health and under the Product Liability Act shall remain
|
|
|
unaffected by the above limitations and exclusions of liability.
|
|
|
|
|
|
|
|
|
20. Set-off, rights of retention and assignment
|
|
|
|
|
|
20.1 The customer shall only be entitled to offset claims against
|
|
|
TeamSpeak against legally established or undisputed claims. The same
|
|
|
applies to the assertion of rights of retention.
|
|
|
|
|
|
20.2 The assignment of claims against TeamSpeak to third parties is only
|
|
|
possible with the written consent of TeamSpeak. This applies in
|
|
|
particular to the transfer of the license granted by TeamSpeak to third
|
|
|
parties.
|
|
|
|
|
|
|
|
|
21. Text form
|
|
|
|
|
|
21.1 Amendments and alterations to the agreements made between TeamSpeak
|
|
|
and the customer, including these General Terms and Conditions, must be
|
|
|
made in text form in order to be effective.
|
|
|
|
|
|
21.2 With the exception of managing directors or authorized signatories,
|
|
|
TeamSpeak employees shall not be entitled to enter into any verbal
|
|
|
agreements that deviate from these provisions.
|
|
|
|
|
|
|
|
|
22. Applicable law and place of jurisdiction
|
|
|
|
|
|
22.1 German law shall apply. In the case of consumers, this choice of
|
|
|
law shall only apply insofar as the protection granted by mandatory
|
|
|
provisions of the law of the country of the consumer's habitual
|
|
|
residence is not thereby withdrawn (principle of favourability).
|
|
|
|
|
|
22.2 The place of performance for all services arising from business
|
|
|
relations with TeamSpeak and the place of jurisdiction shall be the
|
|
|
registered office of TeamSpeak, provided that the user is not a consumer
|
|
|
but a merchant, a legal entity under public law or a special fund under
|
|
|
public law. The same applies if the user does not have a general place
|
|
|
of jurisdiction in Germany or the EU or if the place of residence or
|
|
|
usual abode is not known at the time the action is filed. The right to
|
|
|
also appeal to the court at another legal place of jurisdiction remains
|
|
|
unaffected by this.
|
|
|
|
|
|
22.3 The provisions of the UN Sales Convention expressly do not apply.
|
|
|
|
|
|
|
|
|
|
|
|
II. Customer information
|
|
|
|
|
|
|
|
|
1. Identity of the provider
|
|
|
|
|
|
TeamSpeak Systems, Inc.
|
|
|
PO Box 211180
|
|
|
Chula Vista
|
|
|
CA91921
|
|
|
USA
|
|
|
|
|
|
Telephone: +1-877-832-6773
|
|
|
Telefax: +1-619-312-4145
|
|
|
E-mail: info@teamspeak.com
|
|
|
|
|
|
|
|
|
2. Information on the conclusion of the contract
|
|
|
|
|
|
The technical steps for the conclusion of the contract, the conclusion
|
|
|
of the contract itself and the correction options shall be carried out
|
|
|
in accordance with Section B of the General Terms and Conditions (Part I).
|
|
|
|
|
|
|
|
|
3. Contract language, contract text storage
|
|
|
|
|
|
The contract language is English.
|
|
|
|
|
|
TeamSpeak does not save the complete contract text. Before sending the
|
|
|
respective offer, the offer data can be printed out or electronically
|
|
|
saved using the browser's print function. Upon acceptance of the offer
|
|
|
by TeamSpeak, the contract data, the legally required information for
|
|
|
distance selling contracts and the General Terms and Conditions will be
|
|
|
sent to the user again by e-mail.
|
|
|
|
|
|
|
|
|
4. Essential characteristics of the goods and services
|
|
|
|
|
|
The essential characteristics of the goods and services can be found in
|
|
|
the service description and the supplementary information on Teamspeak.com.
|
|
|
|
|
|
|
|
|
5. Prices and payment methods
|
|
|
|
|
|
The prices and payment modalities result from the information at the
|
|
|
conclusion of the contract as well as from the provisions in point B. of
|
|
|
the General Terms and Conditions (Part I).
|
|
|
|
|
|
|
|
|
6. Statutory liability for defects
|
|
|
|
|
|
The statutory rights of liability for defects exist vis-à-vis consumers.
|
|
|
|
|
|
|
|
|
7. Contract term, termination
|
|
|
|
|
|
You will find information on the term of the contract and the conditions
|
|
|
of termination in the respective service description as well as in point
|
|
|
B of the General Terms and Conditions.
|
|
|
|
