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  1. General Business Terms and customer information
  2. TeamSpeak Systems GmbH
  3.  
  4.  
  5. I. General Business Terms
  6.  
  7. 1. Scope
  8.  
  9. 1.1. These General Business Terms (hereinafter referred to as "General
  10. Business Terms" - German abbreviation - AGB]) shall apply to all contracts
  11. between TeamSpeak Systems GmbH, Soiernstr. 1, 82494 Krün, entered in the
  12. register of companies of Munich County Court under the register number HRB
  13. 172523 (hereinafter referred to as "TeamSpeak") and the customer concerning
  14. the services offered via the websites of TeamSpeak which can be called
  15. under the domains teamspeak.com, teamspeakusa.com and myteamspeak.com
  16. (hereinafter the first and the second one referred to as "TeamSpeak.com"
  17. and the last one referred to as "Myteamspeak.com"; all of them jointly
  18. referred to as "TeamSpeak Websites").
  19. 1.2. These General Business Terms shall also apply to all future services
  20. or offers to the customer, even if they are not agreed separately once
  21. again.
  22. 1.3. Deviating, additional General Business Terms of the customer or which
  23. contradict these General Business Terms will not be accepted by TeamSpeak
  24. so that these will not be included in the contract. This shall not apply if
  25. TeamSpeak has approved the inclusion of the customer's General Business
  26. Terms.
  27.  
  28. 2. Capacity as an entrepreneur
  29.  
  30. 2.1. All offers of TeamSpeak against payment are exclusively directed at
  31. entrepreneurs within the meaning of Section 14 BGB [German Civil Code],
  32. which order and use the services of TeamSpeak within the framework of their
  33. independent, professional or commercial activity
  34. 2.2. TeamSpeak will check the customer's capacity as an entrepreneur before
  35. conclusion of the contract concerning services against payment.
  36. 2.3. An entrepreneur is each natural person or legal entity or a
  37. partnership with legal capacity, which acts while performing its commercial
  38. or independent professional activity upon conclusion of a legal
  39. transaction, here thus the conclusion of the contract with TeamSpeak.
  40. 2.4. A consumer is each natural person, who concludes a legal transaction,
  41. here thus the conclusion of a contract with TeamSpeak, for purposes, which
  42. can mainly neither be attributed to their commercial, nor their independent
  43. professional activity.
  44. 2.5. Non-commercial grouping within the meaning of these General Business
  45. Terms is each grouping of consumers or each legal entity, whose business
  46. activity does not serve to generate profits, in particular legal entities,
  47. which pursue a non-profit-making corporate purpose.
  48.  
  49. 3. Scope of contract
  50.  
  51. 3.1. TeamSpeak is the provider of the software solutions "TeamSpeak 3" and
  52. "TeamSpeak 3 Software Development Kit" (hereinafter referred to as
  53. "software solutions"), which enable the customer to communicate with third
  54. parties by speech or text as well as to exchange files.
  55. 3.1.1 The software solution "TeamSpeak 3" enables the customer to
  56. communicate with third parties by sharing its TeamSpeak-Server address
  57. with said third parties. The number of third parties, to which the
  58. communication channels can be made available, depends on the licensing
  59. by the customer
  60. 3.1.2 The software solution "TeamSpeak 3 SDK" represents a solution for
  61. the integration of the technical solution for the voice transmission
  62. and other functions such as Filetransfer, chat function, etc. in own
  63. software solutions of the customer.
  64. 3.2. The software solutions are offered through the following licence
  65. models:
  66. 3.2.1 "Unlicensed": Under the licence model "Unlicensed" the software
  67. solutions "TeamSpeak 3" and its previous version "TeamSpeak 2" can be
  68. used free of charge. The use of the software solution "TeamSpeak 2" is
  69. limited to the use of a maximum of two virtual servers with up to 1000
  70. slots, the use of the software solution "TeamSpeak 3" to a virtual
  71. server with up to 32 slots. The use is carried out unlimited from the
  72. point of view of time. No feedback is given by the virtual server to
  73. TeamSpeak. The licence model "Unlicensed" is exclusively available to
  74. non-commercial groupings and consumers.
  75. 3.2.2 "Non-Profit" (hereinafter referred to as "NPL"): Under the
  76. licence model "NPL" the software solution "TeamSpeak 3" can be used
  77. free of charge. The use is limited here to two virtual servers with up
  78. to 512 slots. The duration of the licence is 6 months. A sub-licensing
  79. of slots and virtual servers to third parties is not permitted. The
  80. licence model "NPL" is exclusively available to non-commercial
  81. groupings and consumers.
  82. 3.2.3 Annual Activation/ Single Server" (hereinafter referred to as
  83. "AAL"): Under the licence model "AAL" the software solution "TeamSpeak
  84. 3" can be used against payment. The use is carried out, depending on
  85. the licensing chosen by the customer, between a virtual server with up
  86. to 32 slots up to 2 virtual servers with up to 1024 slots. The duration
  87. of the licence is one year. A sub-licensing of sots and virtual servers
  88. to third parties is not permitted.
  89. 3.2.4 "Authorized TeamSpeak Hosting Provider" (hereinafter referred to
  90. as "ATHP"): Under the licence model "ATHP" the software solution
  91. "TeamSpeak 3" can be used against payment to an unlimited extent and
  92. virtual servers and slots can be sublicensed to third parties. The
  93. duration of the licence is one year.
  94. 3.2.5 Software Development Kit (hereinafter referred to as "SDK"):
  95. Under the licence model "SDK" the software solution "TeamSpeak 3 SDK"
  96. can be used against payment for the purpose of integration into own
  97. software solutions of the user. The conditions of the licence model
  98. "SDK" shall be individually adjusted to the needs of the user and
  99. agreed. 
  100. 3.3. TeamSpeak also mediates server places through TeamSpeak.com, which are
  101. offered by third party providers.
  102. 3.4. TeamSpeak provides to the customer via TeamSpeak.com the TeamSpeak
  103. Software Client (herein after referred to as “Client”). The client is
  104. provided for the operating systems Windows, Linux and macOS as well as for
  105. mobile devices (iOs or Android).
  106. 3.5. TeamSpeak operates a forum via TeamSpeak.com that enables the customer
  107. to publish contributions regarding the services of TeamSpeak, in particular
  108. questions, suggestions and assessments on TeamSpeak.com in the "Community"
  109. zone.
  110. 3.6. The customers additionally have the possibility to upload own software
  111. programmes onto the TeamSpeak websites, which are compatible with the
  112. software solutions of TeamSpeak (hereinafter referred to as "Add-ons") and
  113. to offer these to third parties for downloading as well as to download the
  114. Add-ons offered by third parties via TeamSpeak.com.
  115.  
  116.  
  117.  
  118. A. Conclusion of Contract
  119.  
  120. 4. Conclusion of the contract with the acquisition of licences for the software
  121.  
  122. 4.1. A contract will be concluded with TeamSpeak concerning the software
  123. solutions of these General Business Terms as described below:
  124. 4.1.1 "Unlicensed": The contract concerning the free use of the licence
  125. model "Unlicensed" shall be concluded by the downloading of the
  126. respective software solution by the customer and the fact that the
  127. software solution is made available by TeamSpeak.
  128. 4.1.1.1 For this purpose, the customer will press the button on
  129. TeamSpeak.com with the inscription "Licensing Overview" and
  130. subsequently the button displayed under the description of the
  131. licence model "Unlicensed" with the inscription "Download".
  132. 4.1.1.2 The customer has the possibility to download and use the
  133. software solution without registering or otherwise having to send
  134. data to TeamSpeak.
  135. 4.1.1.3 A binding contract will be concluded between TeamSpeak and
  136. the customer concerning the use of the software solution in the
  137. licence model "Unlicensed" when the software solution is
  138. downloaded.
  139. 4.1.2 "NPL": The contract concerning the free use of the licence model
  140. "NPL" shall be concluded as follows:
  141. 4.1.2.1 The customer will press the button with the inscription
  142. "Licensing Overview" and subsequently the button displayed under
  143. the description of the licence model "NPL" with the inscription
  144. "Register" on TeamSpeak.com.
  145. 4.1.2.2 The customer will press the button on the displayed
  146. overview with the inscription "Continue to NPL Application." and
  147. confirm the existence of the pre-requisites of a non-commercial
  148. grouping or the capacity as a consumer by pressing the button with
  149. the inscription "Continue". It will additionally confirm the
  150. licence conditions and these General Business Terms by pressing the
  151. button with the inscription "I agree".
  152. 4.1.2.3 By pressing the "Submit" button the customer will send an
  153. offer for the conclusion of the contract concerning the licence
  154. model "NPL" to TeamSpeak. Before pressing the button with the
  155. inscription "Submit" the customer has the possibility to delete or
  156. correct its input or to also interrupt the process by pressing the
  157. "Back" button of its browser at all times.
  158. 4.1.2.4 The customer will receive a confirmation e-mail from
  159. TeamSpeak to the e-mail address entered during the registration
  160. process, which confirms the receipt of the customer's offer by
  161. TeamSpeak. A contract will not be concluded with the receipt of
  162. this confirmation e-mail by the customer.
  163. 4.1.2.5 TeamSpeak shall accept the offer of the customer by making
  164. the software solution available for downloading. A binding contract
  165. concerning the use of the software solution in the licence model
  166. "NPL" is hereby concluded between TeamSpeak and the customer.
  167. 4.1.2.6 The customer will receive a confirmation e-mail from
  168. TeamSpeak to the e-mail address entered during the registration
  169. process, in which the essential contents of the concluded contract
  170. are summarised. The General Business Terms will also be sent to the
  171. customer with this confirmation e-mail.
  172. 4.1.3 "AAL": The contract concerning the use of the licence model "AAL"
  173. against payment will be conclude as follows:
  174. 4.1.3.1 The customer registers for a customer account for
  175. TeamSpeak.com: The customer presses the button with the inscription
  176. "Sales" and subsequently the button with the inscription "Continue
  177. to register for an account." It will complete the displayed
  178. registration form and send this by pressing the button with the
  179. inscription "Register".
  180. 4.1.3.2 The customer will receive an overview of the data entered
  181. by it and will be given the possibility to correct or delete these
  182. after pressing the button with the inscription "Modify" or to also
  183. discontinue the registration process by closing the browser window
  184. or pressing the "Back" button of the browser.
  185. 4.1.3.3 When pressing the button with the inscription "Confirm" the
  186. customer submits a binding offer for the conclusion of a contract
  187. concerning the opening of its customer account
  188. 4.1.3.4 TeamSpeak shall send a confirmation e-mail to the customer
  189. with a confirmation link and a password.
  190. 4.1.3.5 TeamSpeak will display the licence models offered to the
  191. customer in the customer area of its customer account. With this
  192. display TeamSpeak submits a binding offer for the conclusion of a
  193. contract with the customer concerning the displayed licence models.
  194. 4.1.3.6 The customer will select the licence "TeamSpeak 3 Annual
  195. Activation License" requested by it in its customer account and
  196. press the button with the inscription  ”Add”. By pressing the
  197. button ”Add” the customer accepts the offer of TeamSpeak for the
  198. conclusion of the contract and a binding contract will be concluded
  199. regarding the use of the software solution in the licence model
  200. "AAL".
  201. 4.1.3.7 The customer will receive a confirmation e-mail from
  202. TeamSpeak to the e-mail address entered during the registration
  203. process, in which the essential contents of the concluded contract
  204. are summarised. 
  205. 4.1.4 "ATHP": The contract concerning the use of the licence model
  206. "ATHP" against payment shall be concluded as follows:
  207. 4.1.4.1 The customer will register for a customer account for
  208. TeamSpeak.com. The steps of the registration are oriented to
  209. Subclauses 4.1.3.1 to 4.1.3.4 of these General Business Terms.
  210. 4.1.4.2 The customer will select the licence "TeamSpeak 3 ATHP
  211. Application" requested by it in its customer account and press the
  212. button with the inscription ”Add”. An invoice for the $50 USD
  213. application fee will be generated. Once the customer has paid the
  214. application fee, TeamSpeak will send an e-mail to the customer with
  215. instructions to complete the application process (as described
  216. below).
  217. 4.1.4.3 The customer sends to TeamSpeak the completed application
  218. form, the signed licence agreement, a copy of the personal identity
  219. card or passport of a person, who is entitled to representation as
  220. well as the application for trade registration or a business
  221. licence or any other document which identifies the customer as an
  222. entrepreneur within the meaning of clause 2.3 of this General
  223. Business Terms. The documents will be sent to TeamSpeak by e-mail
  224. to the e-mail address athps@teamspeak.com or by fax to the fax
  225. number +1-619-600-0676. With the sending of the aforementioned
  226. documents the customer submits a binding offer for the conclusion
  227. of a contract.
  228. 4.1.4.4 TeamSpeak will send a confirmation e-mail to the customer
  229. to the e-mail address deposited in the customer account, which
  230. confirms the receipt of the customer's offer. A contract will not
  231. be concluded with the receipt of this confirmation e-mail.
  232. 4.1.4.5 TeamSpeak will accept the offer of the customer by making
  233. the software solution available for downloading in the customer
  234. area of the customer account. A binding contract will be concluded
  235. between the customer and TeamSpeak concerning the use of the
  236. software solution in the licence model "ATHP" when the software
  237. solution is made available.
  238. 4.1.4.6 The customer will receive a confirmation e-mail from
  239. TeamSpeak to the e-mail address entered within the framework of the
  240. registration, in which the essential contents of the concluded
  241. contract are summarised. 
  242. 4.1.5 "Software Development Kit" (hereinafter referred to as "SDK"):
  243. The contract concerning the use of the licence model "SDK" against
  244. payment shall be concluded by the individual contract concluded with
  245. the customer.
  246. 4.1.5.1 The customer will contact TeamSpeak by e-mail at the e-mail
  247. address ts3sdk@teampeak.com or bizdev@teamspeak.com or by telephone
  248. under the number +1-619-312-6255.
  249. 4.1.5.2 TeamSpeak will send an offer to the customer concerning the
  250. services requested by the customer in a text form to the e-mail
  251. address entered by the customer. With this e-mail TeamSpeak submits
  252. a binding offer for the conclusion of a contract at the conditions
  253. described in the e-mail.
  254. 4.1.5.3 A binding contract concerning the use of the licence model
  255. "SDK" will be concluded through the acceptance of the offer of
  256. TeamSpeak by the customer in a text form.
  257.  
  258. 5. Conclusion of contract concerning the mediation of server places
  259.  
  260. 5.1. The customer will be forwarded to the Internet presence of the third
  261. party provider via TeamSpeak.com.
  262. 5.2. A contract will be exclusively concluded between the customer and the
  263. respective third party in the event of the mediation of server places
  264. offered by a third party.
  265.  
  266. 6. Conclusion of contract concerning the licensing of the client
  267.  
  268. 6.1. A contract concerning the licensing of the client will be concluded as
  269. follows:
  270. 6.1.1 The customer will press the button with the inscription
  271. “Download” on TeamSpeak.com. The customer will be directed to a
  272. sub-domain which shows all available versions of the Client (Windows,
  273. Linux and macOS as well as the versions for mobile devices).
  274. 6.1.2 The customer will select the version which fits to his needs and
  275. will press the button with the inscription “Download” which is
  276. displayed next to the version he has chosen. 
  277. 6.1.3 If the customer choses the versions Windows, Linux or macOS, by
  278. pressing the button “Download” the customer submits a binding offer for
  279. the conclusion of the contract. A binding contract is concluded if and
  280. when the client is successfully downloaded. 
  281. 6.1.4 If the customer choses a version for mobile devices, the customer
  282. will be directed to the internet-shop “Apple AppStore” (iOS) or
  283. “Android Market” (Android). The customer gets the possibility to
  284. download the client within the terms and conditions of the provider of
  285. the respective shop. The customer should inform himself about these
  286. terms and conditions in the shop of the third-party provider. 
  287.  
  288. 7.  Conclusion of contract concerning the upload and download of Add-ons
  289.  
  290. 7.1. TeamSpeak only makes the platform available for the purpose of
  291. uploading and downloading Add-ons. The contract concerning the use of the
  292. respective Add-On shall be exclusively concluded between the customer,
  293. which uploads the Add-On and the customer, which downloads the Add-On.
  294. 7.2. In order to upload Add-ons the customer must register for a customer
  295. account as a Developer (hereinafter referred to as "Developer Account").
  296. 7.3. For this purpose, the customer will press the button with the
  297. inscription "MyTeamSpeak" and on the subsequently displayed subpage the
  298. button with the inscription "Register".
  299. 7.4. The customer will complete the displayed registration form with
  300. details of an e-mail address and a password and press the button with the
  301. inscription "Register".
  302. 7.5. TeamSpeak will send a confirmation e-mail to the customer with a
  303. confirmation link.
  304. 7.6. The customer will press the confirmation link contained in the e-mail
  305. and will be kept in its customer account under the menu item "Dashboard".
  306. 7.7. The customer will press the button in its customer account with the
  307. inscription "Become a developer". By entering its name and mobile phone
  308. number the customer completes a registration form and presses the button
  309. with the inscription "Send confirmation code".
  310. 7.8. TeamSpeak will send a confirmation code to the mobile phone number
  311. entered by the customer with a limited period of validity.
  312. 7.9. The customer will enter the confirmation code in the form field
  313. envisaged for this purpose and press the button with the inscription
  314. "Confirm".
  315. 7.10. In order to download Add-ons the customer does not have to register
  316. for a customer account. The downloading is made possible free of charge on
  317. the subpage "MyTeamSpeak" and without registration.
  318.  
  319. 8. Conclusion of a contract with the use of the forum
  320.  
  321. 8.1. The customer shall press the button with the inscription "Forum" and
  322. subsequently the button with the inscription "Register".
  323. 8.2. The customer will complete the registration form displayed after
  324. pressing the "Register" button.
  325. 8.3. After completing the registration form the customer will press the
  326. button with the inscription "Complete Registration". It can correct its
  327. data at all times until the "Complete Registration" button is pressed or
  328. discontinue the registration by closing its browser window or pressing the
  329. "Back" button of its browser.
  330. 8.4. The customer will receive a confirmation of receipt from TeamSpeak,
  331. which contains a confirmation link. This confirmation of receipt does not
  332. represent an offer for the conclusion of a contract by TeamSpeak, but
  333. merely serves to verify the customer's data.
  334. 8.5. The customer can press the confirmation link and then log-in to its
  335. customer account. When pressing the confirmation link the customer submits
  336. a binding offer concerning the free use of the forum.
  337. 8.6. With the provision of the customer account TeamSpeak accepts the offer
  338. of the customer so that a binding contract is concluded.
  339.  
  340.  
  341.  
  342. B. Special terms for the aforementioned contracts
  343.  
  344. 9. Licence fees for the software solutions 
  345.  
  346. 9.1. Licence fees within the framework of the licence model "ATHP":
  347. 9.1.1 A flat rate basic fee as well as use-based regular licence fees
  348. are to be paid for the use of the software solution in the licence
  349. model "ATHP".
  350. 9.1.2 The basic fee is a flat rate of 50 U.S. Dollars and will be due
  351. and payable one time upon conclusion of the contract.
  352. 9.1.3 The amount of the recurring licence fees for the granting of the
  353. licence in the licence model "ATHP" will be determined based on the
  354. actual use of the number of slots per calendar day. For this purpose
  355. the number of used slots by the virtual server will be transmitted
  356. daily to a server operated by TeamSpeak. The customer obligates towards
  357. TeamSpeak not to take any measures, which are suitable for preventing
  358. this transmission or for changing the transmission result. The regular
  359. licence fees will be due and payable ten workdays after receipt of the
  360. invoice by the customer.
  361. 9.1.4 A minimum licence fee shall be deemed as agreed between the
  362. customer and TeamSpeak. For the first year in which the licence is used
  363. this is the licence fee for a use of 200 used slots and for each
  364. further year in which the licence is used the licence fee for a use of
  365. 1000 used slots. If the minimum licence fee is not achieved the
  366. customer, nevertheless, has to pay licence fees in the amount of the
  367. minimum licence fee.
  368. 9.2. Subject to Subclause 9.1 of these General Business Terms or a
  369. deviating agreement between the customer and TeamSpeak the licence fees
  370. stated in the service specifications for the respective licence model shall
  371. be deemed as agreed.
  372. 9.3. TeamSpeak is entitled to change the licence fees within the framework
  373. of a further development of the software solutions or due to the adjustment
  374. to the market situation.
  375. 9.4. In the event of a price adjustment a list with the changed prices will
  376. be sent to the customer in a text form.
  377. 9.5. The customer has the possibility to terminate the licence agreement
  378. extraordinarily without notice within a deadline of four weeks beginning
  379. with the receipt of the notification described in Subclause 9.4 of these
  380. General Business Terms.
  381. 9.6. The customer has the possibility to object to the price adjustment
  382. within a deadline of four weeks beginning with the receipt of the
  383. notification described in Subclause 9.4 of these General Business Terms. In
  384. the event of an objection of the customer TeamSpeak is entitled to
  385. terminate the contract extraordinarily within a deadline of four weeks
  386. beginning with the receipt of the objection by TeamSpeak.
  387.  
  388. 10. Price details and terms of payment concerning the licensing of the software
  389. solutions
  390.  
  391. 10.1. All prices or price details stated by TeamSpeak shall always concern,
  392. even if an explicit currency detail is missing, US Dollar, insofar as not
  393. agreed otherwise between the parties.
  394. 10.2. All prices or price details shall be deemed plus the respective
  395. applicable value added tax as well as public duties, which possibly
  396. continue to be due.
  397. 10.3. Only the payment possibilities displayed under the menu item "Pay"
  398. are open to the customer with orders via TeamSpeak.com, whereby TeamSpeak
  399. explicitly reserves the right to refuse a payment method selected by the
  400. customer in the contractual offer.
  401. 10.4. In case of orders by telephone or orders sent by e-mail, fax or post
  402. the payment by bank transfer is agreed as payment in advance subject to a
  403. deviating agreement, whereby the remuneration of TeamSpeak will be due and
  404. payable upon conclusion of the contract, i.e. that the customer is obliged
  405. to pay the remuneration in advance.
  406. 10.5. In the event of the agreement of a payment by invoice the payment
  407. will be due and payable within fourteen days from the time when the invoice
  408. is received by the customer.
  409. 10.6. TeamSpeak is entitled to only carry out or provide still outstanding
  410. services against advance payment or provision of security if it becomes
  411. aware of circumstances after conclusion of the contract, which are suitable
  412. for substantially reducing the creditworthiness of the customer and through
  413. which the payment of the outstanding receivables of TeamSpeak by the
  414. customer from the respective contractual relationship (including from other
  415. individual orders) is jeopardised.
  416.  
  417. 11. Termination of the contracts concerning the licensing of the software
  418. solutions
  419.  
  420. 11.1. The contracts have the contractual term stated in the service
  421. specifications (hereinafter referred to as "minimum contractual term"),
  422. i.e.
  423. 11.1.1 The contract concerning the licence model "Unlicensed" has no
  424. fixed contractual term. The licence model can be used by the customer
  425. at all times as long as TeamSpeak offers this licence model.
  426. 11.1.2 The contract concerning the licence model "NPL" has a minimum
  427. contractual term of six months.
  428. 11.1.3 The contract concerning the licence model "AAL" has a minimum
  429. contractual term of twelve months.
  430. 11.1.4 The contract concerning the licence model "ATHP" has a minimum
  431. contractual term of twelve months.
  432. 11.1.5 The contract concerning the licence model "SDK" has the
  433. individually agreed minimum contractual term.
  434. 11.2. The licence agreement can be terminated by the customer at all times
  435. as of the end of the minimum contract term without adhering to a period of
  436. notice. TeamSpeak can terminate the licence agreement at all times by
  437. adhering to a period of notice in the amount of half the period of the
  438. minimum contractual term as of the end of the minimum contractual term.
  439. 11.3. The contract will be extended automatically by the minimum
  440. contractual term if none of the parties terminates the contract as of the
  441. end of the minimum contractual term. With the licence model "NPL" the
  442. contract will only be extended automatically if the customer has used the
  443. software solution within a period of one month before termination of the
  444. minimum contractual term; otherwise the contract will end automatically
  445. with the termination of the minimum contractual term.
  446. 11.4. The right of both parties to the extraordinary termination shall
  447. remain unaffected. 
  448. 11.5. An extraordinary right of termination for TeamSpeak shall in
  449. particular exist,
  450. 11.5.1 if the customer is in default with two consecutive invoices
  451. regarding the licence payment.
  452. 11.5.2 if the customer repeatedly falls short of the minimum licence
  453. fee with a contract concerning the licence model "ATHP".
  454. 11.5.3 if, despite a warning, the customer repeatedly breaches its
  455. obligations from the licence agreement, including these General
  456. Business Terms, and the breaches are not insignificant.
  457. 11.5.4 if the customer, despite a warning by TeamSpeak, repeatedly
  458. breaches its main obligation under this contract and is responsible for
  459. the breach.
  460. 11.5.5 if the customer has selected the licence models "Unlicensed" or
  461. "NPL" without having the capacity as a consumer or non-commercial
  462. grouping or this capacity has subsequently ceased to exist. In this
  463. case the right is reserved to assert damages.
  464. 11.6. Each termination requires a text form.
  465.  
  466. 12. Obligations of the customer concerning the use of the client
  467.  
  468. 12.1. The customer has the obligation and responsibility to make use of
  469. data backups at sufficient intervals. TeamSpeak assumes no responsibility
  470. for any loss of data resulting from a breach of this obligation. This does
  471. not apply if TeamSpeak is responsible for the breach.
  472. 12.2. The customer shall make use of virus protection following the latest
  473. technical standards.
  474. 12.3. Standard software upgrades are free of charge, if and when they
  475. become available. The customer has the responsibility to install client
  476. upgrades promptly after publication. Otherwise the usability of the client
  477. may be restricted.
  478.  
  479. 13. Termination of the contracts concerning the client
  480.  
  481. 13.1. The customer is entitled to terminate this agreement at any time by
  482. removal of the client from all devices. 
  483. 13.2. The mutual right for premature extraordinary termination (also
  484. without previous notice) remains unaffected
  485. 13.3. Any termination requires the immediate removal of the client.
  486.  
  487. 14. Publication of contributions in the forum
  488.  
  489. 14.1. The registered customer has the possibility to publish contributions
  490. via the customer area of its customer account in the "Forum" zone on
  491. TeamSpeak.com.
  492. 14.2. For the purpose of publishing a new contribution the customer will
  493. upload the contribution by pressing the "Post New Thread" button . When
  494. replying to the contribution of another customer the customer will press
  495. the button with the inscription "Reply To Thread" in order to publish its
  496. reply contribution. The contribution will be transmitted to TeamSpeak
  497. hereby and published by TeamSpeak on TeamSpeak.com.
  498. 14.3. TeamSpeak does not check the contributions before publication. In the
  499. event of a reference to the unlawful nature of a contribution TeamSpeak
  500. explicitly reserves the right to delete individual contributions.
  501. 14.4. The customer undertakes towards TeamSpeak not to publish any
  502. contributions, which violate the laws of the Federal Republic of Germany or
  503. infringe the rights of third parties.
  504. 14.5. The customer shall indemnify TeamSpeak from all rights of third
  505. parties, which these assert against TeamSpeak owing to the publication of
  506. contributions on TeamSpeak.com by the customer. Subject to the approval of
  507. the customer TeamSpeak will not submit any acknowledgements or other
  508. legally relevant declarations, which substantiate the asserted claims of
  509. the third party.
  510. 14.6. The indemnification obligation described in Subclause 14.5 of these
  511. General Business Terms shall cease to apply if the circumstances which
  512. substantiate the claims of the third party are verifiably due to a grossly
  513. negligent or wilful misconduct of TeamSpeak.
  514. 14.7. TeamSpeak undertakes to inform the customer immediately of the filing
  515. of actions against it or the assertion of claims and to give it the
  516. possibility to take over the legal defence.
  517.  
  518. 15. Termination of the user account for the forum
  519.  
  520. 15.1. The customer has the possibility to have its customer account deleted
  521. by TeamSpeak at all times. For this purpose the customer will send the
  522. deletion request to TeamSpeak in a text form. A termination is also
  523. possible towards a moderator of the forum in a text form. TeamSpeak will
  524. delete the customer's forum account immediately after receipt of the
  525. termination. Contributions published by the customer can be deleted or
  526. anonymised at the discretion of TeamSpeak. The contract concerning the use
  527. of the customer account will end with the deletion.
  528. 15.2. TeamSpeak is entitled to terminate the contract concerning the use of
  529. the customer account at all times by adhering to a period of notice of
  530. three months to the end of the quarter of a calendar year.
  531. 15.3. The right to the extraordinary termination of both parties shall
  532. remain unaffected. A right to the extraordinary termination shall in
  533. particular exist if the customer, despite a warning, repeatedly breaches
  534. its obligations from Subclause 14.4 of these General Business Terms and the
  535. breach is not insignificant.
  536. 15.4. Each termination shall require a text form.
  537.  
  538. 16. Publication of Add-ons
  539.  
  540. 16.1. If the customer is registered as a Developer it has the possibility
  541. to upload Add-ons and therefore offer these to third parties for download
  542. free of charge
  543. 16.2. In order to upload Add-Ons the customer will press the button with
  544. the inscription "Upload Add-ons" in the customer area of its customer
  545. account.
  546. The customer will transmit the Add-ons uploaded to it by pressing the
  547. button with the inscription "Add Addon" to TeamSpeak.
  548. 16.3. TeamSpeak publishes the Add-ons on "MyTeamSpeak".
  549. 16.4. TeamSpeak does not check the uploaded Add-ons before publication. In
  550. the event of a reference to the unlawful nature of an Add-On TeamSpeak
  551. explicitly reserves the right to delete individual contributions.
  552. 16.5. The customer undertakes towards TeamSpeak not to publish any Add-ons,
  553. which violate the laws of the Federal Republic of Germany or infringe the
  554. rights of third parties.
  555. 16.6. The customer shall indemnify TeamSpeak from all rights of third
  556. parties, which these assert against TeamSpeak owing to the publication of
  557. Add-ons on TeamSpeak.com by the customer. Subject to the approval of the
  558. customer TeamSpeak will not submit any acknowledgements or other legally
  559. relevant declarations, which substantiate the asserted claims of the third
  560. party.
  561. 16.7. The indemnification obligation described in Subclause 16.6 of these
  562. General Business Terms shall cease to apply if the circumstances which
  563. substantiate the claims of the third party are verifiably due to a grossly
  564. negligent or wilful misconduct of TeamSpeak.
  565. 16.8. TeamSpeak undertakes to inform the customer immediately of the filing
  566. of actions against it or the assertion of claims and to give it the
  567. possibility to take over the legal defence.
  568.  
  569. 17. Termination of the customer account as a Developer
  570.  
  571. 17.1. The customer has the possibility to have its customer account as
  572. Developer deleted by TeamSpeak at all times. For this purpose the customer
  573. will send the deletion request to TeamSpeak in a text form. TeamSpeak will
  574. delete the customer's Developer account immediately after receipt of the
  575. termination. Add-ons published by the customer will also be deleted
  576. immediately. With the deletion the contract will end concerning the use of
  577. the Developer account.
  578. 17.2. TeamSpeak is entitled to terminate the contract concerning the use of
  579. the Developer account at all times by adhering to a period of notice of
  580. three months to the end of the quarter of a calendar year.
  581. 17.3. The right to the extraordinary termination of both parties shall
  582. remain unaffected. A right to the extraordinary termination shall in
  583. particular exist if the customer, despite a warning, repeatedly breaches
  584. its obligations from Subclause 16.5 of these General Business Terms and the
  585. breach is not insignificant.
  586. 17.4. Each termination shall require a text form.
  587.  
  588.  
  589.  
  590. C. General terms
  591.  
  592. 18. Warranty
  593.  
  594. 18.1. The statutory warranty rights shall apply to consumers.
  595. 18.2. The following provisions will apply towards entrepreneurs:
  596. 18.2.1 The warranty rights of the customer shall become statute-barred
  597. within one year. This shall not apply to culpably caused damages that
  598. can be attributed to TeamSpeak from the injury to life, the body or the
  599. health and damages caused by gross negligence or wilful intent or
  600. fraudulent intent as well as with claims for recourse according to
  601. Sections 478, 479 BGB.
  602. 18.2.2 A warranty on the part of TeamSpeak is excluded insofar as the
  603. defect was suffered due to circumstances, which TeamSpeak caused at the
  604. explicit request of the customer.
  605. 18.2.3 The liability for damages, irrespective of fault, for initial
  606. defects according to Section 536a Par. 1 BGB is excluded.
  607.  
  608. 19. Liability
  609.  
  610. 19.1. TeamSpeak shall be liable in all cases of contractual and
  611. non-contractual liability in case of wilful intent and gross negligence
  612. according to the statutory provisions.
  613. 19.2. In other cases TeamSpeak shall only be liable - insofar as not
  614. otherwise regulated in Subclause 19.3 of these General Business Terms -
  615. with a breach of a contractual obligation, the fulfilment of which makes
  616. the proper execution of the contract possible at all and on the compliance
  617. with which the customer may therefore, as a rule, rely upon (so-called
  618. cardinal obligation). The liability of TeamSpeak is excluded in all other
  619. cases, subject to the regulation in Subclause 19.3 of these General
  620. Business Terms.
  621. 19.3. Insofar as TeamSpeak is fundamentally liable according to Subclause
  622. 19.1 of these General Business Terms, this liability is limited to damages,
  623. which TeamSpeak foresaw as a possible consequence of a breach of contract
  624. upon conclusion of the contract or should have foreseen when applying the
  625. customary care and attention. Indirect damages and follow-up damages, which
  626. are the consequence of defects to the service by TeamSpeak, are in addition
  627. only capable of compensation insofar as such damages can typically be
  628. expected with the use of the service as intended.
  629. 19.4. The liability of TeamSpeak for damages from the injury to life, the
  630. body or the health and according to the German Product Liability Act shall
  631. remain unaffected by the aforementioned liability limitations and
  632. exclusions.
  633.  
  634. 20. Offsetting, rights of retention and assignment
  635.  
  636. 20.1. The customer is only entitled to offset against claims against
  637. TeamSpeak, which have been declared final and binding or are undisputed.
  638. The same shall apply to the assertion of rights of retention.
  639. 20.2. The assignment of claims against TeamSpeak to third parties is only
  640. possible with the written consent of TeamSpeak. This shall in particular
  641. also apply to an assignment of the licence granted by TeamSpeak to third
  642. parties.
  643.  
  644. 21. Text form
  645.  
  646. 21.1. Addendums and amendments to the reached agreements between TeamSpeak
  647. and the customer including these General Business Terms shall require a
  648. text form in order to be valid.
  649. 21.2. With the exception of managing directors or authorized signatories
  650. the employees of TeamSpeak are not entitled to reach oral agreements, which
  651. deviate from these regulations.
  652.  
  653. 22. Applicable law and place of jurisdiction
  654.  
  655. 22.1. German law will apply. With consumers this choice of law will only
  656. apply insofar as the protection granted by mandatory provisions of the law
  657. of the state of the consumer's customary place of above is not withdrawn
  658. hereby (principle of favourability).
  659. 22.2. The place of performance for all services from the business
  660. relationships existing with TeamSpeak as well as the place of jurisdiction
  661. is the registered seat of TeamSpeak, insofar as the user is not a consumer,
  662. but a merchant, legal entity under public law or special fund under public
  663. law. The same shall apply if the user does not have a general place of
  664. jurisdiction in Germany or the EU or the place of residence or customary
  665. place of abode is not known at the time when the action is filed. The
  666. authorization to also bring the matter before the court at another
  667. statutory place of jurisdiction, shall remain unaffected hereby.
  668. 22.3. The provisions of the UN Convention on Contracts for the
  669. International Sale of Goods will explicitly not apply.
  670.  
  671.  
  672.  
  673. II. Customer information
  674.  
  675. 1. Identity of the provider
  676.  
  677. TeamSpeak Systems GmbH
  678. Soiernstr. 1
  679. 82494 Krün
  680. Phone: +49-8825-920-2000
  681. E-mail: info@teamspeak.com
  682.  
  683. 2. Information regarding the conclusion of the contract
  684.  
  685. The technical steps for the conclusion of the contract, the conclusion of the
  686. contract itself and the possibilities for correction are carried out according
  687. to clause B. of the General Business Terms (Part I).
  688.  
  689. 3. Contractual language, storage of contractual text
  690.  
  691. The contractual language is German.
  692. The full contractual text is not stored by TeamSpeak. Before sending the
  693. respective offer the offer data can be printed out or stored electronically
  694. through the print function of the browser. With the acceptance of the offer by
  695. TeamSpeak the contractual data, the information stipulated by law with distance
  696. selling contracts and the General Business Terms will be sent to the user by
  697. e-mail once again.
  698.  
  699. 4.Essential features of the goods and services
  700.  
  701. The essential features of the goods and services can be found in the service
  702. specifications and the supplementary details on TeamSpeak.com.
  703.  
  704. 5.Prices and payment modalities
  705.  
  706. All prices and payment modalities can be seen during the conclusion of the
  707. respective contract as well as above in the General Business Terms (Part I.).
  708.  
  709. 6.Statutory right to liability for defects
  710.  
  711. The statutory rights to liability for defects shall exist towards consumers.
  712.  
  713. 7.Term of contract, termination
  714.  
  715. You can find information relating to the term of the contract as well as the
  716. terms and conditions for the termination in the respective service
  717. specifications as well as in B. of the General Business Terms.
  718.  
  719.  
  720.  
  721.  
  722.  
  723. Privacy statement
  724.  
  725. TeamSpeak Systems GmbH
  726.  
  727. 1. Scope
  728.  
  729. 1.1 Please find information below concerning the collection, storage and
  730. processing of personal data when using the websites operated by TeamSpeak
  731. Systems GmbH under the domains teamspeak.com, teamspeakusa.com and
  732. myteamspeak.com (hereinafter the first and the second one referred to as
  733. "TeamSpeak.com" and the last one referred to as "Myteamspeak.com"; all of
  734. them jointly referred to as "TeamSpeak Websites"), especially but not
  735. restricted to the download of the software solutions "TeamSpeak 3" and
  736. "TeamSpeak 3 Software Development Kit" (hereinafter referred to as
  737. "software solutions"), download and use of the TeamSpeak Software Client
  738. (for PC or for mobile devices), participation in the forum as well as the
  739. down- and upload of own software programmes onto the TeamSpeak websites,
  740. which are compatible with the software solutions of TeamSpeak (hereinafter
  741. referred to as "Add-ons") as well as rent of servers.
  742. 1.2 Personal data are all data, which can refer back to you personally,
  743. i.e. could be associated with your person. These are in particular name,
  744. e-mail address, address, telephone number, user behaviour, IP address, etc.
  745.  
  746. 2. Service provider
  747.  
  748. 2.1 The service provider according to Section 13 German Telemedia Act and
  749. the responsible body according to Section 3 Par. 7 Federal Data Protection
  750. Act is TeamSpeak Systems GmbH, Soiernstr. 1, 82494 Krün, entered in the
  751. register of companies of Munich County Court under the register number HRB
  752. 172523 (hereinafter referred to as "TeamSpeak").
  753. 2.2 The TeamSpeak Websites contain links, by activating which you will be
  754. forwarded to the websites of third parties. TeamSpeak explicitly points out
  755. that in this case you must inform yourself on the linked website about the
  756. collection, storage and processing of personal data by the third party
  757. provider, as TeamSpeak has no influence on such a process.
  758.  
  759. 3. Information
  760.  
  761. 3.1 You are entitled to request detailed information from TeamSpeak at all
  762. times regarding the data stored and processed relating to your person as
  763. well as their origin, the purpose of the storage and processing as well as
  764. the recipients or categories of recipients, to whom these data are
  765. forwarded.
  766. 3.2 Please direct the enquiry for information by e-mail to
  767. privacy@teamspeak.com.
  768.  
  769. 4. Revocation
  770.  
  771. 4.1 You can revoke your consent to the storage, collection and processing
  772. of your personal data at all times.
  773. 4.2 Please send your revocation by e-mail to privacy@teamspeak.com or by
  774. e-mail, telephone, post or fax to the contact details stated in the imprint
  775. of the TeamSpeak Websites.
  776.  
  777. 5. Use of cookies
  778.  
  779. 5.1 Cookies are stored on your computer when using the TeamSpeak Websites,
  780. even if the TeamSpeak Websites are used purely for informational purposes.
  781. 5.2 Cookies are small text files, which are stored on your hard disk drive,
  782. allocated to the browser used by you, are stored and through which certain
  783. information is conveyed to the agency, which places the cookie. Cookies
  784. cannot carry out any programme and, above all, not transmit any viruses to
  785. your computer either. Cookies serve in particular to design the TeamSpeak
  786. Websites more user-friendly.
  787. 5.3 If you have a user account for the TeamSpeak Websites , cookies in
  788. particular serve to identifying you for follow-up visits to the TeamSpeak
  789. Websites. This prevents that you must log-in once again for each visit.
  790. 5.4 The TeamSpeak Websites use the following types of cookies:
  791. * Transient cookies, i.e. with temporary use
  792. * Persistent cookies, i.e. with time-limited use
  793. * Third party cookies, i.e. cookies of third party providers
  794. 5.5 Transient cookies will be deleted as soon as you close your browser.
  795. These shall in particular include the so-called session cookies. Session
  796. cookies store a session-ID, with which the enquiries of your browser can be
  797. allocated to the session so that your computer can be recognised again by
  798. the system when you return to the TeamSpeak Websites. As soon as you
  799. log-out or close your browser, all session cookies will be deleted
  800. automatically.
  801. 5.6 Persistent cookies will only be deleted after a duration that depends
  802. on the respective cookie, which goes beyond the session, however no later
  803. than two months after the cookie was set. You can delete these cookies
  804. yourself at all times in the security settings of your browser.
  805. 5.7 In your browser settings, you can adjust the use of cookies
  806. individually and also prevent this completely. You can also completely
  807. prevent the use of third party cookies. In this case it is, however,
  808. possible that you will not be able to use all functions of the TeamSpeak
  809. Websites.
  810. 5.8 The information stored via cookies will be stored separately from your
  811. other personal data and not linked with such data.
  812. 5.9 TeamSpeak points out that the third party providers, which collect data
  813. by using cookies, also use data regarding the use of the TeamSpeak Websites
  814. for user-generated advertising on other websites. TeamSpeak has no
  815. influence on this data collection.
  816.  
  817. 6. Informational use of the TeamSpeak Websites
  818.  
  819. 6.1 In case of a purely informational use of the TeamSpeak Websites,
  820. TeamSpeak will only collect the data transmitted by your browser, these
  821. are:
  822. * Your IP address
  823. * Date, time and duration of your visit to the respective website of the
  824. TeamSpeak Websites
  825. * Your user behaviour, i.e. your visit to the TeamSpeak Websites,
  826. subpages of the TeamSpeak Websites as well as the order of your visits,
  827. clicks carried out as well as time spent on individual pages and
  828. subpages
  829. * Time zone difference to the Greenwich Mean Time
  830. * The access status / http-status code
  831. * Concretely transmitted data volumes
  832. * Operating system and its interface
  833. * Browser as well as language and version of the browser software
  834. * The website, from which the request comes
  835. When using a mobile device for visiting the TeamSpeak Websites the
  836. following data will be additionally stored:
  837. * Type of mobile device and its settings
  838. * Your location, from where you are accessing the TeamSpeak Websites
  839. 6.2 A purely informational use of the TeamSpeak Websites exists if you do
  840. not register for a customer account or a forum account, do not make any
  841. enquiry via the TeamSpeak Websites, nor download the software solutions or
  842. the TeamSpeak Software Client or send any other information regarding your
  843. person to TeamSpeak either.
  844.  
  845. 7. Data collection when acquiring licences for the software solutions via
  846. TeamSpeak.com
  847.  
  848. 7.1 If you acquire licences for the software solutions via the TeamSpeak
  849. Websites, you must create a customer account. An order without an existing
  850. or a customer account that is to be newly created is not possible.
  851. 7.2 When registering for a user account your data given during the
  852. registration process - subject to a deletion of your user account by
  853. TeamSpeak that can be carried out at all times upon request by you - will
  854. be stored.
  855. 7.3 The data transmitted by you will, in particular, be used for the mutual
  856. fulfilment of the contract. For this purpose, your data will, if
  857. applicable, also be forwarded to the partner that is required in order to
  858. fulfil the contract. This is, for example, the payment service provider Pay
  859. Pal Inc., 2211 North First Street, 95131 San José, California, USA
  860. (hereinafter referred to as "PayPal"). You will find further information
  861. relating to the forwarding of your personal data to third parties under
  862. Subclause 11 of this privacy statement.
  863. 7.4 TeamSpeak additionally uses your personal data for the purpose of
  864. marketing and advertising for the services of TeamSpeak. However, without
  865. your separate consent information will only be send to you for this purpose
  866. relating to services of TeamSpeak, which are similar to the services used
  867. by you.
  868. 7.5 You have the possibility to have your customer account deleted by us at
  869. all times by sending a corresponding request to the e-mail address
  870. privacy@teamspeak.com or the data provided in the imprint of the TeamSpeak
  871. Websites. If your user account is deleted at your request your data will be
  872. deleted immediately, as soon as they are no longer required for the mutual
  873. fulfilment of the contract and TeamSpeak is not legally obliged to store
  874. that data.
  875. 7.6 In order to prevent unauthorized accesses of third parties to your
  876. personal data, in particular financial data, the order process will be
  877. encrypted per SSL technology.
  878.  
  879. 8. Download of the TeamSpeak Software
  880.  
  881. 8.1 Download of the TeamSpeak Client Software
  882. * If you choose a version for mobile devices, you will be directed to the
  883. internet-shop “Apple AppStore” (iOS) or “Android Market” (Android). The
  884. third party provider may collect, store and process your personal data.
  885. Please inform yourself about the collection, storage and processing of
  886. data by the third part provider, as TeamSpeak has no influence on such
  887. a process.
  888. * During the download process TeamSpeak itself does not collect, store
  889. and process personal data in addition to that stated before. Subclauses
  890. 5 and 6 and 7.2 until 7.6 of this privacy statement apply accordingly.
  891. * If you choose to download a version of the TeamSpeak Software Client
  892. for PC Subclauses 5, 6 and 7.2 until 7.6 of this privacy statement
  893. apply accordingly. TeamSpeak does not collect, store and process any
  894. additional personal data from you.
  895. 8.2 Download of the TeamSpeak Server Software
  896. * By downloading TeamSpeak Server software via Docker, the third part may
  897. collect, store and process personal data. Please inform yourself about
  898. the collection, storage and processing of data by the third party
  899. provider, as TeamSpeak has no influence on such a process.
  900. * During the download process TeamSpeak itself does not collect, store
  901. and process personal data in addition to that stated before. Subclauses
  902. 5 and 6 and 7.2 until 7.6 of this privacy statement apply accordingly.
  903. * If you choose to download a version of the TeamSpeak Software Server
  904. for PC Subclauses 5, 6 and 7.2 until 7.6 of this privacy statement
  905. apply accordingly. TeamSpeak does not collect, store and process any
  906. additional personal data from you.
  907.  
  908. 9. Special terms for the use of the TeamSpeak Software Client (PC)
  909.  
  910. 9.1 In the event of using the TeamSpeak Software Client TeamSpeak for PC
  911. TeamSpeak possibly collects, stores and processes the following data:
  912. * IP address
  913. * Used operation system and type (32 or 64 bit)
  914. * Data about your behavior (particularly clicks, used menus)
  915. * Crash report, if sent by the you (program line, incident, basic data of
  916. computer hardware used)
  917. 9.2 TeamSpeak uses this data exclusively for quality assurance as well as
  918. further development of the software solutions and the TeamSpeak Software
  919. Client. The data mentioned above under Subclause 9.1 of this Privacy
  920. Statement will not be combined with other personal data stored about you.
  921. The data will be anonymized immediately for further use.
  922. 9.3 If you do not agree with the collection, storage and processing of the
  923. data mentioned under clause 9.1 of this Privacy Statement you can change
  924. the status in the field “anonymous statistics” (following the menu items
  925. Settings - Options - Applications).
  926. 9.4 You can revoke your consent to collect, store and process the data
  927. mentioned under clause 9.1 of this Privacy Statement at all times. Please
  928. send your revocation by e-mail to privacy@teamspeak.com or by e-mail,
  929. telephone, post or fax to the contact details stated in the imprint of the
  930. TeamSpeak Websites. All personal data, which can refer back to you
  931. personally, will be deleted without undue delay.
  932. 9.5 The sending of a crash-report is subject to your separate consent which
  933. will be queried separately before you can send the report. You are not
  934. obligated to send a crash-report. If you send a crash-report, clause 9.2
  935. and 9.4 of this Privacy Statement apply accordingly.
  936.  
  937. 10. Server rent
  938.  
  939. 10.1 TeamSpeak itself does not collect, store and process any personal data
  940. in addition to that stated before. Subclauses 5, 6 and 7.2 and 7.6 of this
  941. privacy statement apply accordingly.
  942. 10.2 TeamSpeak has no influence on the collection, storage and processing
  943. of your personal data by the lessor. Please inform yourself about the
  944. collection, storage and processing of data by the lessor.
  945. 10.3 If you rent a server of a third party, this contract is just mediated
  946. by TeamSpeak.
  947.  
  948. 11. Use of the forum
  949.  
  950. 11.1 The forum can be read without this requiring a registration. In this
  951. case it concerns a purely informational use of the TeamSpeak Websites (cf.
  952. in this respect Subclause 6 of this privacy statement).
  953. 11.2 In order to be able to actively participate in the forum you must
  954. register and create a forum account. A user name, a password, your date of
  955. birth and your e-mail address are to be entered with the registration. It
  956. is not compulsory to use a real name, a use under a pseudonym user name is
  957. possible.
  958. 11.3 We use the so-called Double-Opt-In-procedure for the registration,
  959. i.e. your registration is only completed when you have previously confirmed
  960. your registration via a confirmation e-mail sent to you for this purpose by
  961. clicking on the link contained therein. If your corresponding confirmation
  962. is not carried out promptly, your registration will be automatically
  963. deleted from our database.
  964. 11.4 The data entered by you with the registration are stored by us and
  965. linked with the contents published by you, which are also stored by
  966. TeamSpeak. These data are exclusively used in order to operate the forum
  967. and to process the contract concluded with you concerning the use of the
  968. forum.
  969. 11.5 You have the possibility to have your forum account deleted by us at
  970. all times by a corresponding request to the e-mail address
  971. privacy@teamspeak.com or the data stated in the imprint of Teamsspeak.com.
  972. In this case the personal data stored regarding your forum account will be
  973. deleted immediately as soon as they are no longer required for processing
  974. the contractual relationship concerning the use of the forum and we are not
  975. legally obliged to store said data either. Contributions published by you
  976. will be displayed anonymised under the marking "guest" after the successful
  977. deletion of your forum account
  978.  
  979. 12. Up- and Downloading of Add-Ons
  980.  
  981. 12.1 In order to be able to upload Add-Ons you must register for a customer
  982. account as a Developer (hereinafter referred to as "Developer Account").
  983. 12.1.1 During the registration you must submit your e-mail-address,
  984. your name and your phone number.
  985. 12.1.2 When registering for a developer account your data given during
  986. the registration process - subject to a deletion of your developer
  987. account by us that can be carried out at all times upon request by you
  988. - will be stored.
  989. 12.1.3 The data transmitted by you will, in particular, be used for the
  990. mutual fulfilment of the contract as well as the assertion of claims in
  991. the event that the Add-Ons uploaded by you violate the applicable Law
  992. or our General Business Terms.
  993. 12.1.4 TeamSpeak additionally uses your personal data for the purpose
  994. of marketing and advertising for the services of TeamSpeak. However,
  995. without your separate consent information will only be send to you for
  996. this purpose relating to services of TeamSpeak, which are similar to
  997. the services used by you.
  998. 12.1.5 You have the possibility to have your developer account deleted
  999. by us at all times by sending a corresponding request to the e-mail
  1000. address privacy@teamspeak.com or the data provided in the imprint of
  1001. the TeamSpeak Websites. If your user account is deleted at your request
  1002. your data will be deleted immediately, as soon as they are no longer
  1003. required for the mutual fulfilment of the contract and TeamSpeak is not
  1004. legally obliged to store this data.
  1005. 12.2 In order to download Add-Ons you do not have to register for a
  1006. customer account. Subclauses 5 and 6 of this privacy statement apply
  1007. accordingly.
  1008.  
  1009. 13. Use of the online enquiry; order by e-mail, fax or telephone
  1010.  
  1011. 13.1 You also have the possibility to contact TeamSpeak online via your
  1012. customer account as well as by telephone and by e-mail.
  1013. 13.2 The data sent or entered by you within the framework of such will be
  1014. used in order to answer your enquiry and to contact you by telephone or by
  1015. e-mail for this purpose and, if applicable, for the mutual fulfilment of
  1016. the contract. If your data are also used for the purpose of the mutual
  1017. fulfilment of the contract Subclauses 7.2 and 7.3 of this privacy statement
  1018. shall apply accordingly.
  1019.  
  1020. 14. Social networks and services of third parties
  1021.  
  1022. 14.1 TeamSpeak uses social media plug-ins of the social networks Facebook,
  1023. Google+, Twitter and YouTube on the TeamSpeak Websites.
  1024. 14.2 No personal data will be transmitted to the providers of these
  1025. plug-ins without you clicking on the button of a plug-in - irrespective of
  1026. whether you place an order.
  1027. 14.3 If you press the button of a plug-in personal data will be
  1028. automatically transmitted to the provider of the plug-in and can be stored
  1029. and used by that provider. Please note that this may be carried out
  1030. overseas, i.e. in particular in the United States of America.
  1031. 14.4 TeamSpeak has no full knowledge of the type and scope of the data
  1032. collection and their use and processing and cannot exert any influence on
  1033. such processes either.
  1034. 14.5 If you activate a plug-in the plug-in provider will receive the
  1035. information that you have activated this on the respective website of the
  1036. TeamSpeak Websites or the corresponding subpage of the respective website
  1037. from the TeamSpeak Websites. In addition, the information stated in
  1038. Subclause 6 of this privacy statement will be transmitted to the plug-in
  1039. provider. According to the own information of the plug-in provider in the
  1040. case of Facebook only an anonymised IP address will be collected and
  1041. transmitted in Germany.
  1042. 14.5.1 The data collection and transmission described in Subclause 10.5
  1043. of this privacy statement is carried out irrespective of whether you
  1044. have a user account at the respective plug-in provider or not. If you
  1045. have a user account at the respective plug-in provider and you are
  1046. logged into this user account at the time, at which you click on the
  1047. respective plug-in the data transmitted to the respective plug-in
  1048. provider will be directly allocated to your user account. If you
  1049. confirm the activated plug-in and e.g. link the page, the plug-in
  1050. provider will also store this information in your user account and can
  1051. also notify your contacts to the public. In order to prevent the
  1052. allocation to your user account at the respective plug-in provider you
  1053. should log-out from your user account at the respective plug-in
  1054. provider before clicking the plug-in on the TeamSpeak Websites.
  1055. 14.5.2 The respective plug-in provider stores the data transmitted to
  1056. it, irrespective of whether you are also logged-in to your user account
  1057. at the respective plug-in provider as a rule as user profiles, which
  1058. are used for the following purposes:
  1059. * Advertising suitable for the needs
  1060. * Market research
  1061. * Optimisation of the websites of the plug-in provider suitable for
  1062. the needs
  1063. * Information of other members of the social network about your
  1064. activities on the TeamSpeak Websites
  1065. 14.5.3 You are entitled to object to the formation of user profiles
  1066. with the data collected about you. For this purpose, please contact the
  1067. respective plug-in provider. TeamSpeak has no influence on the
  1068. compliance with your objection and is not responsible for this either.
  1069. 14.6 You can find further relevant information and regarding your rights in
  1070. this respect in the privacy statements of the plug-in providers as the
  1071. responsible bodies, which you can call as follows:
  1072. 14.6.1 Facebook Inc., 1601 S California Ave, Palo Alto, California
  1073. 94304 USA - https://www.facebook.com/policy.php
  1074. 14.6.2 Google+: Google Inc., 1600 Amphitheatre Parkway, Mountainview,
  1075. California 94103 USA - https://www.google.com/policies/privacy/partners
  1076. /?hl=de
  1077. 14.6.3 Twitter: Twitter, Inc. 1355 Market St., Suite 900, San
  1078. Francisco, California 94103 USA - https://twitter.com/privacy?lang=de
  1079. 14.6.4 YouTube: YouTube, LLC (Google Inc.), 901 Cherry Ave., San Bruno,
  1080. CA 94066 USA - https://www.google.de/intl/de/policies/privacy/
  1081.  
  1082. 15. Forwarding of data to third parties
  1083.  
  1084. 15.1 TeamSpeak can forward your personal data to third parties if
  1085. contractually agreed services and conditions are offered together with the
  1086. third party provider or include its services. In this case TeamSpeak will
  1087. inform you about the transmission of the data to the third party within the
  1088. framework of the order process.
  1089. 15.2 TeamSpeak will also carry out the data processing through external
  1090. service providers.
  1091. 15.2.1 These external services providers are carefully selected by
  1092. TeamSpeak and commissioned in writing. The external service providers
  1093. involved for the data processing are bound to the instructions of
  1094. TeamSpeak and are regularly checked regarding the compliance with the
  1095. data protection and the data security.
  1096. 15.2.2 The external service providers are not entitled to forward the
  1097. data to third parties.
  1098. 15.3 TeamSpeak shall disclose personal data for the assertion of rights or
  1099. towards regulatory authorities if TeamSpeak is obliged to do so by law.
  1100.  
  1101. 16. Webtracking
  1102.  
  1103. 16.1 TeamSpeak uses Google Analytics on the TeamSpeak Websites. Google
  1104. Analytics is a web analysis service of Google Inc., 1600 Amphitheatre
  1105. Parkway, Mountainview, California 94103 USA (hereinafter referred to as
  1106. "Google"). Google Analytics uses cookies, which are stored on your computer
  1107. and enable an analysis of your user behaviour. The information generated by
  1108. the cookie is stored by Google also overseas, in particular on a server of
  1109. Google in the United States of America.
  1110. 16.2 The TeamSpeak Websites use Google Analytics with the extension
  1111. "_anonymizeIP ()", i.e. the anonymization function of Google Analytics.
  1112. This leads to the fact that your IP address will be abbreviated before
  1113. transmission to the United States of America, as a rule by Google in a
  1114. state in the European Economic Area.
  1115. 16.3 The IP address transmitted by your browser within the framework of the
  1116. use of Google Analytics will not be converged with other data, which Google
  1117. collected about you.
  1118. 16.4 You can exclude the storage of the cookies used by Google Analytics by
  1119. excluding the use of cookies in your browser settings. In this case you can
  1120. however not use further functions of the TeamSpeak Websites either.
  1121. 16.5 You also have the possibility to exclude the entry and processing of
  1122. your personal data by Google by installing the browser plug-in that is
  1123. available under the following link:
  1124. http://tools.google.com/dlpage/gaoptout?hl=de
  1125. 16.6 The use of Google Analytics is carried out in line with the
  1126. pre-requisites which the German data protection authorities have agreed
  1127. with Google.
  1128. 16.7 You can view an overview of the data protection provisions of Google
  1129. Analytics under this link:
  1130. https://support.google.com/analytics/answer/6004245?hl=de
  1131.  
  1132. 17. Data security
  1133.  
  1134. 17.1 TeamSpeak takes current technical measures in order to guarantee the
  1135. data security and thus in particular for the protection of your personal
  1136. data against dangers with the data transmission and the gaining of
  1137. knowledge by third parties. These measures are adjusted regularly by
  1138. TeamSpeak to the state-of-the-at technology.
  1139. 17.2 TeamSpeak will provide you information at all times regarding the data
  1140. security in the company. Please send your enquiry to privacy@teamspeak.com
  1141. or to the data referred to in the imprint of the TeamSpeak Websites.
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