Gentoo Archives: gentoo-commits

From: Conrad Kostecki <conikost@g.o>
To: gentoo-commits@l.g.o
Subject: [gentoo-commits] repo/gentoo:master commit in: licenses/
Date: Thu, 27 Aug 2020 15:07:54
Message-Id: 1598540813.81be43f05394379a1c328f907a3eeb9ddcf5981c.conikost@gentoo
1 commit: 81be43f05394379a1c328f907a3eeb9ddcf5981c
2 Author: Conrad Kostecki <conikost <AT> gentoo <DOT> org>
3 AuthorDate: Thu Aug 27 14:02:56 2020 +0000
4 Commit: Conrad Kostecki <conikost <AT> gentoo <DOT> org>
5 CommitDate: Thu Aug 27 15:06:53 2020 +0000
6 URL: https://gitweb.gentoo.org/repo/gentoo.git/commit/?id=81be43f0
7
8 licenses/teamspeak5: add license for media-sound/teamspeak-client:5
9
10 Signed-off-by: Conrad Kostecki <conikost <AT> gentoo.org>
11
12 licenses/teamspeak5 | 1884 +++++++++++++++++++++++++++++++++++++++++++++++++++
13 1 file changed, 1884 insertions(+)
14
15 diff --git a/licenses/teamspeak5 b/licenses/teamspeak5
16 new file mode 100644
17 index 00000000000..a3f00ba0ac3
18 --- /dev/null
19 +++ b/licenses/teamspeak5
20 @@ -0,0 +1,1884 @@
21 +Privacy Statement
22 +
23 +
24 + 1. Scope of application
25 +
26 +1.1 Below you will find information about the collection, storage and
27 +processing of personal data when using the services of TeamSpeak Systems
28 +Inc., PO Box 211180, Chula Vista, CA, 91921 USA (hereinafter referred to
29 +as TeamSpeak USA) and TeamSpeak Systems GmbH, Soiernstr. 1, 82494 Krün,
30 +are entered in the commercial register of the Munich Local Court under
31 +the registration number HRB 172523 (hereinafter referred to as TeamSpeak
32 +DE; hereinafter referred to both companies jointly as TeamSpeak) under
33 +the domains teamspeak.com, teamspeakusa.com and myteamspeak.com
34 +(hereinafter referred to collectively as "Teamspeak.com" and the latter
35 +as "Myteamspeak.com" and all three collectively referred to as
36 +"Website(s)"), which may also be accessed as a mobile version. This
37 +applies in particular - but not exclusively - to the download of the
38 +software solutions "TS3 Client", "TeamSpeak 3 SDK" and "TS5 Client"
39 +(hereinafter jointly referred to as "Software Solutions"), the
40 +downloading and use of the "TS3 Client" and "TS5 Client" (for PC or
41 +mobile devices), participation in the Forum and the uploading and
42 +downloading of TeamSpeak's own software programs that are compatible
43 +with TeamSpeak's software solutions and released by TeamSpeak
44 +(hereinafter referred to as "Add Ons").
45 +
46 +1.2 Personal data are all data which can be traced back to you
47 +personally, i.e. which could be associated with your person. These are
48 +in particular name, e-mail address, address, telephone number, user
49 +behaviour, IP address, etc.
50 +
51 +
52 +2. Service provider
53 +
54 +2.1 Service provider according to § 7 Abs. 1 TMG is TeamSpeak USA.
55 +Responsible body according to art. 4 no. 7 DSGVO i.V.m. Art. 26 para. 1
56 +p. 1 DSGVO is TeamSpeak.
57 +
58 +2.2 The websites operated by TeamSpeak USA contain links which, when
59 +activated, will take you to the websites of third parties. TeamSpeak USA
60 +expressly points out that in this case you must inform yourself on the
61 +linked website about the collection, storage and processing of personal
62 +data by the third party provider, as TeamSpeak USA has no influence on this.
63 +
64 +
65 +3. Information
66 +
67 +3.1 You have the right to request detailed information from TeamSpeak
68 +USA at any time about the personal data stored and processed about you
69 +and its origin, the purpose of storage and processing and the recipients
70 +or categories of recipients to whom such data will be disclosed.
71 +
72 +3.2 Please send your request for information by e-mail to
73 +privacy@×××××××××.com or by e-mail, telephone, post or fax to the
74 +contact details provided in the imprint on the websites operated by
75 +TeamSpeak USA.
76 +
77 +
78 +4. Revocation
79 +
80 +4.1 You can revoke your consent to the storage, collection and
81 +processing of your personal data at any time.
82 +
83 +4.2 Please send your revocation by e-mail to privacy@×××××××××.com or by
84 +e-mail, telephone, post or fax to the contact details provided on the
85 +websites operated by TeamSpeak USA.
86 +
87 +
88 +5. Use of cookies
89 +
90 +5.1 When using the websites operated by TeamSpeak USA, cookies are
91 +stored on your computer, even if they are used for purely informational
92 +purposes on the websites operated by TeamSpeak USA.
93 +
94 +5.2 Cookies are small text files that are stored on your hard drive,
95 +assigned to the browser you are using, and through which certain
96 +information is transmitted to the location that sets the cookie. Cookies
97 +cannot execute programs and, above all, cannot transmit viruses to your
98 +computer. Cookies are used in particular to make the websites operated
99 +by TeamSpeak USA more user-friendly.
100 +
101 +5.3 If you have a user account for the websites operated by TeamSpeak
102 +USA, cookies are used in particular to identify you for subsequent
103 +visits to the websites operated by TeamSpeak USA. This prevents you from
104 +having to log in again for each visit.
105 +
106 +5.4 The websites operated by TeamSpeak USA use the following types of
107 +cookies:
108 +
109 + * Transient cookies, i.e. with temporary use
110 + * Persistent cookies, i.e. with a limited period of use
111 + * Third party cookies, i.e. cookies from third parties
112 +
113 +5.5 Transient cookies are deleted as soon as you close your browser.
114 +These include in particular the so-called session cookies. Session
115 +cookies store a session ID that allows your browser's requests to be
116 +associated with the session, so that your computer can be recognized by
117 +the system when you return to the website operated by TeamSpeak USA. As
118 +soon as you log out or close your browser, all session cookies are
119 +automatically deleted.
120 +
121 +5.6 Persistent cookies will only be deleted after a period of time that
122 +is dependent on the respective cookie and extends beyond the session,
123 +but no later than two months after the cookie has been set. You can
124 +delete these cookies at any time automatically in the security settings
125 +of your browser.
126 +
127 +5.7 In your browser settings you can adjust the use of cookies
128 +individually and also prevent them completely. In particular, you can
129 +also completely prevent the use of third party cookies. In this case,
130 +however, you may not be able to use all the features of the websites
131 +operated by TeamSpeak USA.
132 +
133 +5.8 The information stored via cookies is stored separately from and not
134 +linked to your other personal data.
135 +
136 +5.9 TeamSpeak USA would like to point out that third-party providers who
137 +collect data using cookies also use data about the use of websites
138 +operated by TeamSpeak USA for user-generated advertising on other
139 +websites. TeamSpeak USA has no influence on this data collection.
140 +
141 +
142 +6. Informational use of the websites operated by TeamSpeak USA
143 +
144 +6.1 For purely informational use of the websites operated by TeamSpeak
145 +USA, TeamSpeak USA collects only the data transmitted by your browser,
146 +which is this:
147 +
148 + * Your IP address
149 + * Date, time, and duration of your visit to the respective TeamSpeak
150 + USA Web site
151 + * Your user behavior, i.e., your visit to the respective website
152 + operated by TeamSpeak USA, subpages of the websites operated by
153 + TeamSpeak USA, and the order of your visits, clicks made, and time
154 + spent on individual pages and subpages
155 + * Time zone difference to Greenwich Mean Time
156 + * The access status / http status code
157 + * Concrete amounts of data transferred
158 + * Operating system and its interface
159 + * Browser as well as language and version of the browser software
160 + * The website from which the request originates
161 +
162 +When using a mobile device, the following data is also stored:
163 +
164 + * Type of mobile device and its settings
165 + * Your location from which you access the TeamSpeak USA Web site.
166 +
167 +6.2 You are deemed to be using the TeamSpeak USA Websites for
168 +informational purposes only if you do not sign up for a customer
169 +account, forum account or developer account, download the software
170 +solutions or the TeamSpeak Software Client, upload or download add-ons,
171 +submit a request through the TeamSpeak USA Websites or otherwise submit
172 +personal information to TeamSpeak USA.
173 +
174 +
175 +7. Data collection when purchasing licenses for software solutions
176 + via Teamspeak.com
177 +
178 +7.1 If you wish to purchase licenses for the software solutions or other
179 +services from TeamSpeak USA through the TeamSpeak USA Websites, you must
180 +create a customer account. An order without an existing or new customer
181 +account is not possible.
182 +
183 +7.2 When you register for a User Account, the data you enter during the
184 +registration process will be stored, subject to TeamSpeak USA deleting
185 +your User Account at any time upon your request.
186 +
187 +7.3 The data transmitted by you will be used in particular for the
188 +mutual fulfilment of the contract. For this purpose, your data may also
189 +be passed on to the partners required to fulfil the contract. This is in
190 +particular the payment service provider PayPal Inc, 2211 North First
191 +Street, 95131 San José, California, USA (hereinafter referred to as
192 +"PayPal"). You can find further information on the transfer of your
193 +personal data to third parties under section 15 of this data protection
194 +declaration.
195 +
196 +7.4 TeamSpeak USA also uses your personal data for marketing and
197 +advertising purposes for TeamSpeak services. Without your specific
198 +consent, however, TeamSpeak will only send you information about
199 +TeamSpeak's services that is similar to the services you have used.
200 +
201 +7.5 You have the right at any time to have your account deleted by
202 +TeamSpeak USA by sending a request to that effect to the e-mail address
203 +privacy@×××××××××.com or the data specified in the imprint of the
204 +TeamSpeak USA website. In the event that your user account is deleted at
205 +your request, your data will be deleted immediately as soon as it is no
206 +longer required to fulfill the contract and TeamSpeak USA is not legally
207 +obliged to store it.
208 +
209 +7.6 In order to prevent unauthorized access by third parties to your
210 +personal data, in particular financial data, the order process is
211 +encrypted using SSL technology.
212 +
213 +
214 +8. Data collection when downloading the TS3 client and the TS5 client
215 +
216 +8.1 In the case of downloading a version of the TS3 Client and TS5
217 +Client for PC and Mac, Clauses 5 and 6 and 7.2 to 7.6 of this Privacy
218 +Policy shall apply mutatis mutandis. TeamSpeak USA does not collect,
219 +store or process any additional personal data from you during download.
220 +
221 +8.2 If you download a version of the TS3 Client and TS5 Clients for
222 +mobile devices, you will be directed to the Apple AppStore (for the iOS
223 +version) or the Android Market (for the Android version) of a third
224 +party website.
225 +
226 +8.2.1 For the collection, storage and processing of personal data by
227 +TeamSpeak USA, Clauses 5 and 6 and 7.2 to 7.6 of this Privacy Policy
228 +shall apply mutatis mutandis. During the download, TeamSpeak USA does
229 +not collect, store or use any additional personal information about you.
230 +
231 +8.2.2 The third party provider collects, stores and uses personal data
232 +from you. Please refer to the third-party provider's website for
233 +information about the collection, storage and use of personal data by
234 +the third party, as TeamSpeak USA has no control over such collection,
235 +storage and use.
236 +
237 +
238 +9. Data collection, storage and processing when using the TS3 client
239 + and TS5 client (PC/Mac)
240 +
241 +9.1 TeamSpeak USA collects, stores and processes the following personal
242 +data from you when using the TS3 Client and TS5 Client for the PC/Mac:
243 +
244 + * IP address
245 + * Information on the operating system used (32 bit or 64 bit)
246 + * User behaviour (in particular buttons and menu items pressed)
247 + * Crash Report, if you send such a report to TeamSpeak USA (program
248 + lines, disruptive incident, essential data of the hardware used)
249 +
250 +9.2 TeamSpeak USA uses this data solely for quality control purposes and
251 +for the further development of the software solutions as well as the TS3
252 +client and the TS5 client. The data referred to in Section 9.1 of this
253 +Privacy Policy will not be linked or otherwise associated with any other
254 +data stored about you. The data will be anonymised for further
255 +processing immediately after collection.
256 +
257 +9.3 If you do not consent to the collection, storage and processing of
258 +the data referred to in Section 9.1 of this Privacy Policy, you can
259 +exclude this in the field marked "Anonymous Statistics". To access this
260 +field, follow the menu items "Settings", "Options" and then "Applications".
261 +
262 +9.4 You may at any time object to the collection, storage and processing
263 +of the data referred to in Section 9.1 at any time. Please send your
264 +objection by e-mail to privacy@×××××××××.com or object by e-mail,
265 +telephone, post or fax using the information provided in the imprint of
266 +the web pages operated by TeamSpeak USA. All data that can be traced
267 +back to you personally will be deleted immediately in the event of an
268 +objection.
269 +
270 +9.5 The sending of a crash report in the event of a fault is voluntary
271 +and requires your separate consent to the collection, storage and
272 +processing of data, which is separately requested by you before the
273 +crash report is sent. In the event that a crash report is sent, sections
274 +9.2 and 9.4 of this Privacy Policy shall apply mutatis mutandis.
275 +
276 +
277 +10. Server rent
278 +
279 +10.1 TeamSpeak USA exclusively arranges the rental of server space from
280 +third-party providers.
281 +
282 +10.2 Clauses 5 and 6 as well as 7.2 to 7.6 of this data protection
283 +declaration shall apply accordingly. TeamSpeak USA itself does not
284 +collect, store or process any additional personal data about you when
285 +arranging the server rental.
286 +
287 +10.3 TeamSpeak has no influence on the collection, storage and
288 +processing of personal data by the third party provider. Therefore,
289 +please inform yourself about the collection, storage and processing of
290 +personal data by the third party provider.
291 +
292 +
293 +11. Use of the forum
294 +
295 +11.1 The TeamSpeak Forum can be read without requiring registration. In
296 +this case, the use of the websites operated by TeamSpeak USA is for
297 +informational purposes only (see section 6 of this Privacy Policy).
298 +
299 +11.2 In order to actively participate in the forum, you must register
300 +and create a forum account. When you register, you must enter a user
301 +name, password, date of birth and e-mail address. There is no obligation
302 +to use a clear name, use under a pseudonymous user name is possible.
303 +
304 +11.3 TeamSpeak USA uses the so-called double opt-in procedure for
305 +registration, i.e. your registration is not completed until you have
306 +previously confirmed your registration by clicking on the link contained
307 +in an e-mail sent to you for this purpose. If your confirmation is not
308 +received in time, your registration will automatically be deleted from
309 +the database.
310 +
311 +11.4 The information you provide during registration will be stored by
312 +TeamSpeak USA and linked to the content you publish, which will also be
313 +stored by TeamSpeak USA. This data will only be used to operate the
314 +forum and to process the contract concluded with you regarding the use
315 +of the forum.
316 +
317 +11.5 TeamSpeak USA may at any time ask you to have your forum account
318 +deleted by TeamSpeak USA by sending an e-mail to privacy@×××××××××.com
319 +or by providing the information specified in Teamsspeak.com's imprint.
320 +In this case, the personal data stored on your forum account will be
321 +deleted immediately as soon as they are no longer required for
322 +processing the contractual relationship regarding the use of the forum
323 +and TeamSpeak USA is not legally obliged to store them. Posts published
324 +by you will be displayed anonymously after successful deletion of your
325 +forum account under the "Guest" flag.
326 +
327 +
328 +12. Uploading and downloading add-ons
329 +
330 +12.1 Uploading Add Ons requires registration for a customer account as a
331 +Developer (hereinafter referred to as "Developer Account").
332 +
333 +12.1.1 During the registration process, email address, name and
334 +telephone number shall be provided and transmitted to TeamSpeak USA.
335 +
336 +12.1.2 The data provided by you during the registration process will be
337 +stored subject to immediate deletion by TeamSpeak USA in response to
338 +your request for deletion at any time.
339 +
340 +12.1.3 The data provided during the registration process will be used
341 +for the performance of the contract by both parties and to enforce any
342 +claims against you (in particular if the add-ons uploaded by you violate
343 +applicable law or the General Terms and Conditions).
344 +
345 +12.1.4 TeamSpeak USA will also use the information provided during the
346 +registration process for marketing and promotional purposes regarding
347 +TeamSpeak's services. However, without your specific consent, TeamSpeak
348 +USA will only send you information about services that are similar to
349 +the services you are receiving for this purpose.
350 +
351 +12.1.5 You have the right at any time to have your Developer Account
352 +deleted by sending a request to that effect to the e-mail address
353 +privacy@×××××××××.com or the data specified in the imprint of the
354 +websites operated by TeamSpeak USA. In the event that your Developer
355 +Account is deleted upon your request, your data will be deleted
356 +immediately as soon as it is no longer required for mutual contract
357 +fulfillment and TeamSpeak USA is not legally obliged to store it.
358 +
359 +12.2 Registration is not required for the purpose of downloading Add
360 +Ons. Clauses 5 and 6 of this data protection declaration shall apply
361 +mutatis mutandis.
362 +
363 +
364 +13. Use of the online inquiry; order by e-mail, fax or telephone
365 +
366 +13.1 You also have the opportunity to contact TeamSpeak USA online
367 +through your customer account and by telephone and email.
368 +
369 +13.2 The data you send or provide will be used to respond to your
370 +inquiry and to contact you by telephone or e-mail and, where
371 +appropriate, for the performance of the contract by both parties. If
372 +your data is also used for the purpose of mutual contract fulfilment,
373 +clauses 5 and 6 of this data protection declaration apply accordingly.
374 +
375 +
376 +14. Social networks and third-party services
377 +
378 +14.1 TeamSpeak USA uses social media plug-ins from the social networks
379 +Facebook, Google+, Twitter, Twitch, Instagram and YouTube on the
380 +websites operated by TeamSpeak USA.
381 +
382 +14.2 Without you clicking on the button of a plug-in, no personal data
383 +will be transmitted to the providers of these plug-ins, regardless of
384 +whether you place an order or not.
385 +
386 +14.3 If you press the button of a plug-in, personal data is
387 +automatically transmitted to the provider of the plug-in and can be
388 +stored and used by the latter. Please note that this can take place
389 +abroad, i.e. in particular in the United States of America.
390 +
391 +14.4 TeamSpeak has no complete knowledge of the type and scope of data
392 +collection and its use and processing and cannot influence these.
393 +
394 +14.5 If you activate a Plug-In, the Plug-In Provider will be notified
395 +that you have activated the Plug-In Provider on the relevant TeamSpeak
396 +USA web page or subpage of the relevant TeamSpeak USA web page. In
397 +addition, the information specified in section 6 of this Privacy Policy
398 +will be transmitted to the plug-in provider. According to the plug-in
399 +provider's own information, in the case of Facebook in Germany only an
400 +anonymous IP address is collected and transmitted.
401 +
402 +14.5.1 The data collection and transmission referred to in Section 14.5
403 +of this Privacy Policy shall take place regardless of whether you have a
404 +user account with the respective plug-in provider or not. If you have a
405 +user account with the respective plug-in provider and you are logged in
406 +to this user account at the time you click on the respective plug-in,
407 +the data transmitted to the respective plug-in provider will be assigned
408 +directly to your user account. If you confirm the activated plug-in and,
409 +for example, link the page, the plug-in provider also stores this
410 +information in your user account and can also publicly communicate this
411 +to your contacts. To prevent assignment to your user account with the
412 +respective plug-in provider, you should log out of your user account
413 +with the respective plug-in provider before clicking on the plug-in on
414 +the websites operated by TeamSpeak USA.
415 +
416 +14.5.2 The respective plug-in provider stores the data transmitted to
417 +it, regardless of whether you are also logged in to your user account
418 +with the respective plug-in provider, usually as user profiles which are
419 +used, for example, for the following purposes:
420 +
421 + * Demand-oriented advertising
422 + * market research
423 + * Optimisation of the Plug-In provider's Internet pages according to
424 + requirements
425 + * Inform other members of the social network about your activities on
426 + the websites operated by TeamSpeak USA.
427 +
428 +14.6 You are entitled to object to the creation of user profiles with
429 +the data collected about you. To do this, contact the respective plug-in
430 +provider. TeamSpeak has no control over, and is not responsible for,
431 +compliance with your objection.
432 +
433 +14.7 Further information on this and your rights in this regard can be
434 +found in the data protection declarations of the plug-in providers as
435 +the responsible bodies, which you can access as follows:
436 +
437 +14.7.1 Facebook Inc., 1601 S California Ave, Palo Alto, California 94304
438 +USA – https://www.facebook.com/policy.php
439 +<https://www.facebook.com/policy.php>
440 +
441 +14.7.2 Google+: Google Inc., 1600 Amphitheater Parkway, Mountain View,
442 +California 94103 USA – https://www.google.com/policies/privacy/partners
443 +<https://www.google.com/policies/privacy/partners/>
444 +
445 +14.7.3 Twitter: Twitter, Inc. 1355 Market St., Suite 900, San Francisco,
446 +California 94103 USA – https://twitter.com/privacy
447 +<https://twitter.com/privacy>
448 +
449 +14.7.4 YouTube: YouTube, LLC (Google Inc.), 901 Cherry Ave, San Bruno,
450 +CA 94066 USA – https://policies.google.com/privacy
451 +<https://policies.google.com/privacy>
452 +
453 +14.7.5 Twitch: Twitch Interactive, Inc., 350 Bush Street, 2^nd Floor,
454 +San Francisco, CA 94104 USA –
455 +https://www.twitch.tv/p/legal/privacy-notice/
456 +<https://www.twitch.tv/p/legal/privacy-notice/>
457 +
458 +14.7.6 Instagram: Instagram LLC, 1601 Willow Road, Menlo Park, CA 94025
459 +USA – https://help.instagram.com/155833707900388
460 +<https://help.instagram.com/155833707900388>
461 +
462 +
463 +15. Data transfer to third parties
464 +
465 +15.1 TeamSpeak may disclose your personal data to third parties if
466 +contractually agreed services and terms are offered jointly with the
467 +third party provider or include the third party provider's services. In
468 +this case, TeamSpeak will inform you of the transfer of the data to the
469 +third party during the ordering process.
470 +
471 +15.2 TeamSpeak shall also process the data via external service providers.
472 +
473 +15.2.1 These external service providers shall be carefully selected by
474 +TeamSpeak and commissioned in writing. The external service providers
475 +involved in data processing are bound by TeamSpeak's instructions and
476 +are regularly checked for compliance with data protection and data security.
477 +
478 +15.2.2 The external service providers are not entitled to pass on the
479 +data to third parties.
480 +
481 +15.3 TeamSpeak will only process your personal data if permitted by law.
482 +In most cases we will process your personal data:
483 +
484 + * With your consent, and please note that you have the right to
485 + withdraw your consent at any time by contacting us.
486 + * Where TeamSpeak has a contract to fulfill that we enter into or have
487 + already entered into with you.
488 + * Where it is necessary that the legitimate interests of TeamSpeak (or
489 + those of a third party) and your interests and fundamental rights do
490 + not override those interests.
491 + * Where TeamSpeak must meet a legal or regulatory obligation.
492 +
493 +The table below shows how TeamSpeak processes your personal data. Please
494 +contact TeamSpeak USA for more information on the specific processing
495 +requirements.
496 +
497 +Below is a breakdown by activity of how TeamSpeak processes your data:
498 +
499 +*Ordering a product or service*
500 +
501 +To process or deliver a product or service that you have ordered from
502 +TeamSpeak USA, including:
503 +
504 + * Online orders or orders on one of our websites
505 + * When we refund a payment
506 + * To manage payment and fees
507 + * To collect money owed to us
508 + * Any other contractual agreement that we agree to enter into with you.
509 +
510 +*Personal data*
511 +
512 + * identity data
513 + * contact details
514 + * Financial data
515 + * transactional data
516 +
517 +*Basis for processing*
518 +
519 + * performance of a contract with you
520 + * Necessary for the legitimate interests of TeamSpeak USA to obtain
521 + funds owed to TeamSpeak USA.
522 +
523 +*Register with TeamSpeak USA*
524 +
525 +To process your registration at TeamSpeak USA including:
526 +
527 + * Receive news, offers, promotions and updates
528 + * to receive a voucher
529 + * fully use our apps including myTeamSpeak
530 + * if you register otherwise than as one of our customers.
531 +
532 +*Personal data*
533 +
534 + * identity data
535 + * contact details
536 + * profile data
537 +
538 +*Basis for processing*
539 +
540 + * Fulfilment of a contract with you
541 +
542 +*Direct marketing*
543 +
544 +To tailor direct marketing to you and to send you direct marketing
545 +communications including via :
546 +
547 + * enamel
548 + * TEXT MESSAGE
549 + * push notifications
550 +
551 +*Personal data*
552 +
553 + * identity data
554 + * contact details
555 + * Technical data
556 + * transactional data
557 + * consumption data
558 + * profile data
559 + * Marketing and communication data
560 +
561 +*Basis for processing*
562 +
563 + * With regard to tailoring direct marketing, necessary for the
564 + legitimate interests of TeamSpeak USA, which are to develop its
565 + business and inform its marketing strategy
566 + * With respect to sending direct marketing where you are a customer
567 + and you have not previously opted out of receiving such direct
568 + marketing as necessary for the legitimate interests of TeamSpeak
569 + USA, which is to provide you with relevant products and services in
570 + relation to what we have previously provided to you.
571 + * With respect to sending direct marketing where you are not a
572 + TeamSpeak USA customer, your consent is given when you sign up for
573 + our mobile app, provide your details on our website or otherwise,
574 + and you give your consent.
575 +
576 +*Raffles, contests and/or surveys*
577 +
578 +Give you the opportunity to participate in sweepstakes, contests or surveys.
579 +
580 +*Personal data*
581 +
582 + * identity data
583 + * contact details
584 + * consumption data
585 + * profile data
586 + * Marketing and communication data
587 +
588 +*Basis for processing*
589 +
590 + * Fulfilment of a contract with you
591 + * Necessary for TeamSpeak's legitimate interests, which are to
592 + investigate how customers use our products and services, to develop
593 + them, and to expand our business.
594 +
595 +*General Information*
596 +
597 +TeamSpeak's customers to understand, aggregate general information from
598 +various sources to create a profile of you; this may include:
599 +
600 + * Understand your habits, where you are from time to time, your
601 + personal circumstances and those of your family or household, and
602 + the things you may like, dislike and interest you.
603 + * how you interact with us, such as subscribing to news, offers,
604 + promotions and updates, completing surveys, participating in
605 + contests, browsing mobile apps, websites, evaluating interaction -
606 + such as through likes and comments - with our social media accounts
607 + and our products and services in public forums.
608 + * Create aggregated data
609 +
610 +*Personal data*
611 +
612 + * identity data
613 + * contact details
614 + * Technical data
615 + * transactional data
616 + * consumption data
617 + * profile data
618 + * Marketing and communication data
619 +
620 +*Basis for processing*
621 +
622 + * Necessary for TeamSpeak's legitimate interests, which are to develop
623 + our business, products, services, content and advertising campaigns
624 + to make them relevant to you and to track the effectiveness of our
625 + advertising campaigns
626 +
627 +*Notifications*
628 +
629 +TeamSpeak's relationship with you, which includes the following:
630 +
631 + * Notify you of changes to our privacy policy
632 + * Notify you of operational changes to TeamSpeak products, services,
633 + websites and mobile apps, such as when TeamSpeak would withdraw one
634 + of its apps.
635 + * Get feedback from you from time to time about TeamSpeak brands,
636 + websites, mobile apps and other services and activities.
637 + * Respond to your questions, suggestions, problems or complaints,
638 + respond to them and deal with them, and report and analyse them.
639 + * Respond to any social media reviews, postings or other public
640 + comments you make about TeamSpeak, its trademarks, websites, mobile
641 + apps, services, or other activities
642 +
643 +*Personal data*
644 +
645 + * identity data
646 + * contact details
647 + * profile data
648 + * Marketing and communication data
649 + * Sensitive data (only as required for dealing with feedback and
650 + complaints on specific topics)
651 + * Data from children (only as necessary for dealing with feedback and
652 + complaints on specific topics)
653 +
654 +*Basis for processing*
655 +
656 + * Fulfilment of a contract with you
657 + * Necessary to comply with a legal obligation
658 + * Necessary for TeamSpeak's legitimate interests (to keep records up
659 + to date and to investigate how customers use products/services)
660 +
661 +*Management and protection *
662 +
663 +Manage and protect TeamSpeak's business and website, and ensure the safe
664 +and secure use of products and services, including:
665 +
666 + * the process of anonymizing your data so that you are no longer
667 + identifiable to us and we no longer need your data in an
668 + identifiable form
669 + * Provide secure access to TeamSpeak USA operated websites, mobile
670 + apps and WLAN networks.
671 + * Optimizing the user's security measures and services, such as
672 + recognition of your usernames and passwords, and resetting functions
673 + * Monitor security measures around TeamSpeak USA's web sites, mobile
674 + apps, and WLAN networks to ensure that they are not abused or
675 + threatened.
676 + * Protect you and our business from potential criminal behavior such
677 + as fraud.
678 + * problem management, data analysis, testing, system maintenance,
679 + support, transmission and hosting of data
680 +
681 +*Personal data*
682 +
683 + * identity data
684 + * contact details
685 + * Technical data
686 + * consumption data
687 + * profile data
688 + * Marketing and communication data
689 +
690 +*Basis for processing*
691 +
692 + * Fulfilment of a contract with you
693 + * Necessary for TeamSpeak's legitimate interests, which are to run its
694 + business, ensure network security and prevent potential criminal
695 + behavior
696 + * Necessary to comply with a legal obligation
697 +
698 +*provision of information*
699 +
700 +Provide information to entities and regulators where TeamSpeak is
701 +required to do so by law or regulation.
702 +
703 +*Personal data*
704 +
705 + * identity data
706 + * contact details
707 + * Technical data
708 + * transactional data
709 + * consumption data
710 + * profile data
711 + * Marketing and communication data
712 + * Sensitive data
713 + * Data from children
714 +
715 +*Basis for processing*
716 +
717 + * Necessary to comply with a legal obligation.
718 +
719 +15.4 How TeamSpeak shares your personal information
720 +
721 +TeamSpeak cannot run its business or get many of the services and
722 +benefits you expect provided without involving other people and
723 +businesses. TeamSpeak will share your information only in accordance
724 +with the laws applicable to us and for the purposes set out herein.
725 +
726 +From time to time, TeamSpeak processes personal information about you in
727 +an automated manner to evaluate specific personal aspects about you.
728 +This includes the ability to analyze your interests and make predictions
729 +about how you are likely to interact with TeamSpeak. This is commonly
730 +referred to as profiling, so TeamSpeak can offer you a more personalized
731 +customer experience. This is based on our impression of how you deal
732 +with TeamSpeak.
733 +
734 +The personal data about you that we process for profiling purposes
735 +includes your identity data, your contact data and your profile data. We
736 +do not process any personal data about you for profiling purposes that
737 +consist of personal data of the special category. We process your
738 +personal data for profiling purposes for our legitimate interests, as
739 +explained below. If you would like to know more about what kind of
740 +profiling we do and what profiling means for you, please contact us and
741 +we will be happy to give you a detailed answer. You also have the right
742 +to object to our processing your personal data for profiling purposes
743 +and to learn more about your right to object.
744 +
745 +TeamSpeak shares your personal information:
746 +
747 + * All *TeamSpeak companies*, including new companies, brands or
748 + outlets that we may acquire in the future (which act as controllers
749 + or contract data processors) and that provide information
750 + technology, human resources and systems administration services, and
751 + that you may have agreed to provide you with marketing communications.
752 + * *Service providers* (who primarily act as processors, sometimes as
753 + controllers) who assist TeamSpeak in providing you with our
754 + websites, mobile apps, wireless networks, and related services; for
755 + example, information technology companies that design and host
756 + TeamSpeak USA websites, payment service providers that enable you to
757 + use credit or payment cards at TeamSpeak, and data wallpaper
758 + specialists.
759 + * *Related third parties* (acting as contract data processors and
760 + controllers) who provide services to TeamSpeak, such as market
761 + research, voucher provision and withdrawal, marketing background
762 + services, and data analysis services.
763 + * *Reward companies *(which act as controllers) that you have joined
764 + to receive the rewards and benefits offered to you.
765 + * Any new *business partners* (who act as controllers or contract data
766 + processors) that TeamSpeak may have over time; for example, if
767 + TeamSpeak enters into a partnership with another company,
768 + reorganizes, merges, or sells a portion of our business, the other
769 + party may receive some or all of your information.
770 + * Our *professional consultants* (who act as controllers or order data
771 + processors); for example, our attorneys, insurance companies and
772 + insurance brokers, if they need them to advise TeamSpeak or assist
773 + TeamSpeak in taking out insurance.
774 + * The police, health and safety authorities, local authorities, the
775 + appropriate tax authorities in your country, the courts, and any
776 + other central or local government authorities (acting as controllers
777 + or contract data processors) where TeamSpeak is required to do so in
778 + order to comply with its legal obligations, or when requested to do
779 + so and TeamSpeak is permitted to disclose it lawfully, for example,
780 + to prevent and detect criminal offences or to report serious health
781 + and safety incidents.
782 + * TeamSpeak may also share the information collected with other third
783 + parties where TeamSpeak is required to do so by law, for example to
784 + comply with a court order.
785 +
786 +
787 +16. Google Analytics
788 +
789 +16.1 TeamSpeak USA uses Google Analytics on the websites operated by
790 +TeamSpeak USA and all TS 5 clients. Google Analytics is a web analytics
791 +service provided by Google Inc., 1600 Amphitheater Parkway,
792 +Mountainview, California 94103 USA (hereinafter referred to as
793 +"Google"). Google Analytics uses cookies which are stored on your
794 +computer and enable an analysis of your user behaviour. The information
795 +generated by the cookies is also stored by Google abroad, in particular
796 +on a Google server in the United States of America.
797 +
798 +16.2 The websites operated by TeamSpeak USA use Google Analytics with
799 +the extension "_anonymizeIP()", i.e. the anonymization function of
800 +Google Analytics. As a result, your IP address will generally be
801 +truncated by Google in a European Economic Area country prior to
802 +transmission to the United States of America.
803 +
804 +16.3 The IP address transmitted by your browser as part of the use of
805 +Google Analytics is not merged with other data that Google collects
806 +about you.
807 +
808 +16.4 You can exclude the storage of cookies used by Google Analytics by
809 +excluding the use of cookies in your browser settings. In this case,
810 +however, you will not be able to use other features of the websites
811 +operated by TeamSpeak USA.
812 +
813 +16.5 You also have the option of opting out of the collection and
814 +processing of your personal data by Google by installing the browser
815 +plug-in available at the following link:
816 +http://tools.google.com/dlpage/gaoptout
817 +
818 +16.6 The use of Google Analytics takes place in accordance with the
819 +requirements on which the German data protection authorities have agreed
820 +with Google.
821 +
822 +16.7 You can view an overview of Google Analytics' privacy policy at
823 +this link:
824 +https://support.google.com/analytics/answer/6004245
825 +<https://support.google.com/analytics/answer/6004245>
826 +
827 +16.8 The data collected by Google Analytics on the TS5 client is
828 +processed anonymously. Similar to the procedure described in Section
829 +16.2, the TS5 client will generally have your IP address truncated by
830 +Google in a European Economic Area country prior to transmission to the
831 +United States of America.
832 +
833 +
834 +17. Data security
835 +
836 +17.1 TeamSpeak takes current technical measures to ensure data security
837 +and thus in particular to protect your personal data from the dangers of
838 +data transmission and the gaining of knowledge by third parties.
839 +TeamSpeak regularly adapts these measures to the current state of the art.
840 +
841 +17.2 TeamSpeak USA will provide you with information about data security
842 +at all times. Please direct your inquiry to privacy@×××××××××.com or to
843 +the data specified in the imprint of the websites operated by TeamSpeak USA.
844 +
845 +
846 +18. Privacy shield regulations
847 +
848 +18.1 TeamSpeak USA is certified under the EU-U.S. Privacy Shield and
849 +fully complies with the principles of the Privacy Shield, including its
850 +ancillary principles, when transferring data from European Economic Area
851 +countries to the United States. To learn more about the Privacy Shield
852 +program, visit www.privacyshield.gov, <http://www.privacyshield.gov/>
853 +and to verify our certification, visit www.privacyshield.gov/list.
854 +However, if there is a conflict between the Privacy Shield Principles
855 +and the Data Transfer Principles below, the Privacy Shield Principles
856 +will always prevail.
857 +
858 +18.2 Types of personal data, purpose of collection and competent authority
859 +
860 +TeamSpeak USA collects and uses information in various ways. TeamSpeak
861 +USA only collects the data transmitted by your browser for purely
862 +informational use of the website. For more detailed information, please
863 +refer to section 6 of this Privacy Policy. TeamSpeak USA also collects
864 +data when you purchase licenses for software solutions from TeamSpeak
865 +USA. Further information can be found in section 7 of this data
866 +protection declaration. When cookies are used, they are stored on your
867 +computer. You will find more details on this under section 5 of this
868 +data protection declaration. Data is also collected, stored and
869 +processed when the TS3 Client and TS5 Client are downloaded. The same
870 +applies when using the TS3 Client and TS5 Client. For more information,
871 +please refer to section 9 of this Privacy Policy.
872 +
873 +TeamSpeak USA will only use personal information in a manner consistent
874 +with the purposes for which it was collected or authorized by you.
875 +
876 +TeamSpeak USA is subject to the US Department of Commerce International
877 +Trade Administration.
878 +
879 +18.3 Data transmission to third parties
880 +
881 +If we disclose personal information to third parties acting as agents of
882 +TeamSpeak USA, we will ensure that such third parties are also certified
883 +for the EU-U.S. Privacy Shield or have a resolution of appropriateness
884 +issued by the EU Commission, or that there are written agreements
885 +between us and the third party that at least meet Privacy Shield's
886 +privacy standards. To whom we disclose your personal information and for
887 +what purpose, please refer to the disclosures in this privacy statement
888 +regarding the specific use of TeamSpeak USA's information.
889 +
890 +Under certain circumstances, TeamSpeak USA may be liable for the
891 +disclosure of personal data of individuals from the European Economic
892 +Area if the third party has processed personal data in a manner
893 +inconsistent with the EU-U.S. Privacy Shield, unless TeamSpeak USA
894 +proves that it is not responsible for the event giving rise to the damage.
895 +
896 +We may need to disclose personal information in response to lawful
897 +requests from government authorities, for law enforcement or national
898 +security reasons, if necessary to comply with a court order, or if
899 +otherwise required by law.
900 +
901 +18.4 Data security
902 +
903 +TeamSpeak USA uses technical, electronic and administrative procedures
904 +to ensure the confidentiality of your personal information, including
905 +Secure Sockets Layer ("SSL") for all financial transactions. We use SSL
906 +encryption to protect your personal information online. We also take
907 +several steps to protect your personal information at our facilities.
908 +Access to your personal data is restricted. Only employees who need
909 +access to your personal information in order to perform certain tasks
910 +will have access to your personal information. Finally, for the
911 +technical security of some of our computer hardware, we rely on the
912 +services of third parties. We believe that their security measures are
913 +appropriate. For example, when you visit teamspeak.com, you access a
914 +server behind closed doors and an electronic firewall. Although we take
915 +industry-standard precautions to protect your personal information, we
916 +cannot guarantee complete security. 100% complete security is currently
917 +available neither online nor offline. TeamSpeak USA takes current
918 +technical measures to ensure data security and in particular to protect
919 +your personal data from the dangers of data transmission and the
920 +knowledge gained by third parties. TeamSpeak USA also regularly adapts
921 +these measures to the state of the art. TeamSpeak USA keeps you informed
922 +about data security in your organization at all times. Please send your
923 +request to privacy@×××××××××.com <mailto:privacy@×××××××××.com> or use
924 +the contact details given in the teamspeak.com imprint.
925 +
926 +18.5 Choice, access and corrections
927 +
928 +TeamSpeak USA provides individuals in the European Economic Area whose
929 +personal information has been submitted to us with the opportunity to
930 +choose whether the personal information you provide will be used for a
931 +purpose other than that for which it was originally collected. You may
932 +also opt out of the use of your personal information by contacting us at
933 +the contact details below. TeamSpeak USA will not use your personal
934 +information for any purpose other than that for which it was originally
935 +collected or subsequently authorized by you, unless we have received
936 +your express consent.
937 +
938 +TeamSpeak USA also provides you with reasonable access to personal
939 +information obtained in accordance with the Privacy Shield Principles.
940 +
941 +Upon request, we will also correct or update your personal information,
942 +stop sending emails to your email address, or deactivate your account to
943 +prevent future purchases through that account.
944 +
945 +You can send these requests by e-mail to privacy@×××××××××.com, by fax +
946 +1-619-312-4145 or by telephone at + 1-877-832-6773. Please do not send
947 +your credit card number or other sensitive information by e-mail.
948 +
949 +18.6 Offline Collection, Use and Disclosure of Information
950 +
951 +Information may also be collected offline, and attempts may be made to
952 +protect your personal information. For example, when you call, we only
953 +ask for the personal information we need to process the order or answer
954 +the question. When we need to store information, we enter it into our
955 +database using SSL encryption. Faxes are another example. If you fax us
956 +something, we respond to the fax and either store it in a locked room or
957 +we destroy the fax if the information does not need to be kept. It
958 +should be noted that we try to comply with the standards for data
959 +obtained online for data obtained offline.
960 +
961 +18.7 Enforcement of Privacy Shield Principles
962 +
963 +TeamSpeak USA implements compliance measures to ensure compliance with
964 +the Privacy Shields. Any employee found by TeamSpeak USA to be in
965 +violation of these guidelines will be subject to disciplinary action.
966 +
967 +18.8 Settlement of disputes
968 +
969 +In accordance with the EU-U.S. Privacy Shield, TeamSpeak USA is
970 +committed to resolving complaints about your privacy and our collection
971 +or use of your personal information. Persons from a European Economic
972 +Area country should first contact TeamSpeak USA at the above address
973 +with inquiries or complaints regarding Privacy Shield provisions.
974 +TeamSpeak USA will investigate and attempt to resolve your complaints
975 +based on the principles set forth in the Privacy Shield Policy.
976 +TeamSpeak USA is required to investigate the complaint within 45 days.
977 +TeamSpeak USA has also committed to submit unresolved privacy complaints
978 +under the Privacy Shield provisions to the independent enforcement
979 +mechanism, the BBB EU PRIVACY SHIELD, which is often operated by the
980 +Council's Better Business Bureau. If it does not acknowledge your
981 +complaint in a timely manner or your complaint is not satisfactorily
982 +addressed, please visit
983 +http://www.bbb.org/EU-privacy-shield/for-eu-consumers
984 +<http://www.bbb.org/EU-privacy-shield/for-eu-consumers> for more
985 +information and to file a complaint. Under certain limited
986 +circumstances, an individual may also be able to invoke binding
987 +arbitration under Annex I of the Privacy Shield Principles to resolve an
988 +otherwise unresolved complaint.
989 +
990 +
991 +19. Data protection officer
992 +
993 +TeamSpeak has appointed an external privacy officer.
994 +
995 +Lawyer Stephan Hendel
996 +
997 +Bajuwarenstr. 2e
998 +
999 +93053 Regensburg, Germany
1000 +
1001 +Germany (German)
1002 +
1003 +Should you have any concerns or questions about the data you have
1004 +processed, you can also contact our data protection officer directly.
1005 +Further contact details can be found at https://www.gabler-hendel.de
1006 +<https://www.gabler-hendel.de/> .
1007 +
1008 +
1009 +*20. Changes to this privacy policy*
1010 +
1011 +We always keep this privacy policy up to date. Therefore, we reserve the
1012 +right to change them from time to time and to update changes in the
1013 +collection, processing or use of your data.
1014 +
1015 +*Last updated:* *October 1, 2019*
1016 +
1017 +
1018 +
1019 +Terms and Conditions and Customer Information
1020 +
1021 +
1022 +*TeamSpeak Systems, Inc.*
1023 +
1024 +
1025 +
1026 +I. General terms and conditions
1027 +
1028 +
1029 +1. Scope of application
1030 +
1031 +1.1 These General Terms and Conditions (hereinafter referred to as
1032 +"GTC") apply to all contracts between TeamSpeak Systems Inc., PO Box
1033 +211180, Chula Vista, CA, 91921 USA (hereinafter referred to as
1034 +"TeamSpeak") and customers via the websites provided by TeamSpeak under
1035 +the domains www.teamspeak.com, www.teamspeakusa.com and
1036 +www.myteamspeak.com (hereinafter referred to collectively as
1037 +"Teamspeak.com" and the latter as "Myteamspeak.com" and all three
1038 +collectively referred to as "TeamSpeak Websites").
1039 +
1040 +1.2 These General Terms and Conditions shall also apply to all future
1041 +services or offers to the customer, even if they are not separately
1042 +agreed again.
1043 +
1044 +1.3 TeamSpeak does not accept any deviating, additional or conflicting
1045 +general terms and conditions of the customer, so that they are not
1046 +included in the contract. This shall not apply if TeamSpeak has
1047 +expressly agreed in writing to the inclusion of the customer's GTC in
1048 +the respective individual case.
1049 +
1050 +
1051 +2. Entrepreneur status
1052 +
1053 +2.1 All paid offers by TeamSpeak are directed exclusively at
1054 +entrepreneurs within the meaning of § 14 BGB who order and use the
1055 +services of TeamSpeak within the scope of their independent,
1056 +professional or commercial activity.
1057 +
1058 +2.2 TeamSpeak shall check the customer's entrepreneurial status prior to
1059 +the conclusion of the contract for paid services. The customer must
1060 +provide TeamSpeak with any documents requested for this purpose, such as
1061 +a business registration.
1062 +
1063 +2.3 An entrepreneur is any natural or legal person or a partnership with
1064 +legal capacity who, upon conclusion of a legal transaction, in this case
1065 +the conclusion of a contract with TeamSpeak, acts in the exercise of its
1066 +commercial or self-employed professional activity, § 14 BGB (German
1067 +Civil Code).
1068 +
1069 +2.4 A consumer is any natural person who concludes a legal transaction,
1070 +in this case the conclusion of a contract with TeamSpeak, for purposes
1071 +which can predominantly not be attributed to his commercial or
1072 +self-employed professional activity, § 13 BGB.
1073 +
1074 +2.5 Non-commercial grouping within the meaning of these GTC is any
1075 +grouping of consumers or any legal entity whose business activity does
1076 +not serve to generate profits, in particular legal entities pursuing a
1077 +non-profit corporate purpose.
1078 +
1079 +
1080 +3. Subject matter of the contract
1081 +
1082 +3.1 TeamSpeak is the provider of the software solutions "TS3 Client",
1083 +"TeamSpeak 3 SDK" and "TS 5 Client" as well as the respective mobile
1084 +client applications for iOS and Android (hereinafter referred to as
1085 +"Software Solutions"), which enable the customer to communicate via
1086 +voice or text and to exchange files with third parties.
1087 +
1088 +The "TS3 Client" and "TS 5 Client" software solutions denote the object
1089 +code of the TeamSpeak Communication Software version 3 and 5 client
1090 +provided to you by TeamSpeak, including any software enhancements,
1091 +upgrades or updates you receive.
1092 +
1093 +The TeamSpeak 3 SDK Software Solution means the object code of the
1094 +TeamSpeak Version 3 Software Development Kit Software and the client and
1095 +server provided to you by TeamSpeak, including any software
1096 +enhancements, upgrades or updates you receive.
1097 +
1098 +"Client" means the TeamSpeak software that connects to the TeamSpeak
1099 +server software via the Internet. "Server" means the TeamSpeak software
1100 +(whether 32-bit or 64-bit) which is installed on a computer and acts as
1101 +a host.
1102 +
1103 +3.1.1 The "TS3 Client" and "TS 5 Client" software solution enables the
1104 +customer to communicate with third parties by sharing his TeamSpeak
1105 +server address with them. The number of third parties to whom the
1106 +communication channel can be made available depends on the scope of the
1107 +customer's license.
1108 +
1109 +3.1.2 The software solution "TeamSpeak 3 SDK" represents a solution for
1110 +integrating the technical solution for voice transmission and other
1111 +functions such as file transfer, chat function etc. into the Customer's
1112 +own software solutions.
1113 +
1114 +3.2 The software solutions are offered under the following license models:
1115 +
1116 +3.2.1 "Unlicensed": Under the license model "Unlicensed" the software
1117 +solutions "TS3 Client" and its predecessor "TeamSpeak 2" can be used
1118 +free of charge. Use of the "TeamSpeak 2 - Server" software solution is
1119 +limited to a maximum of two virtual servers with up to 1000 slots, use
1120 +of the "TeamSpeak 3 Server" software solution is limited to one virtual
1121 +server with up to 32 slots. The use is unlimited in terms of time. There
1122 +is no feedback from the virtual server to TeamSpeak. The license model
1123 +"Unlicensed" is only available to non-commercial groups and consumers.
1124 +
1125 +3.2.2 "Non-Profit" (hereinafter referred to as "NPL"): The "TeamSpeak 3
1126 +Server" software solution can be used free of charge under the "NPL"
1127 +license model. The use is limited to two virtual servers with up to 512
1128 +slots. The license period is 6 months. Sublicensing of slots and virtual
1129 +servers to third parties is not permitted. The license model "NPL" is
1130 +only available to non-commercial groups and consumers.
1131 +
1132 +3.2.3 "Annual Activation/ Single Server" (hereinafter referred to as
1133 +"AAL"): Under the license model "AAL" the software solution "TeamSpeak 3
1134 +Server" can be used against payment. Depending on the licensing selected
1135 +by the customer, the use is between a virtual server with up to 32 slots
1136 +and up to 2 virtual servers with up to 1064 slots. The license period is
1137 +one year. Sublicensing of slots and virtual servers to third parties is
1138 +not permitted.
1139 +
1140 +3.2.4 "Authorized TeamSpeak Hosting Provider" (hereinafter referred to
1141 +as "ATHP"): Under the "ATHP" license model, the "TeamSpeak 3 Server"
1142 +software solution can be used for an unlimited fee and virtual servers
1143 +and slots can be sublicensed to third parties. The license period is one
1144 +year.
1145 +
1146 +3.2.5 Software Development Kit (hereinafter referred to as "SDK"): Under
1147 +the license model "SDK", the software solution "TeamSpeak 3 SDK" can be
1148 +used against payment for integration into the user's own software
1149 +solutions. TeamSpeak customizes and agrees the terms of the "SDK"
1150 +license model to the individual needs of the user.
1151 +
1152 +3.3 TeamSpeak also procures server space via Teamspeak.com which is
1153 +offered by third parties.
1154 +
1155 +3.4 The customer also has the possibility to download the Teamspeak
1156 +Software Client via Teamspeak.com or the referring websites. The client
1157 +is offered for the operating systems Windows, Linux and MacOS.
1158 +Furthermore the customer has the possibility to download the client in a
1159 +version for mobile devices for iOS or Android.
1160 +
1161 +3.5 TeamSpeak operates a forum via myteamspeak.com which enables the
1162 +customer to publish contributions to TeamSpeak's services, in particular
1163 +questions, suggestions and reviews on Teamspeak.com in the "Community"
1164 +section.
1165 +
1166 +3.6 The customer also has the opportunity to upload his own software
1167 +programs compatible with TeamSpeak's software solutions (hereinafter
1168 +referred to as "Add Ons") to the Teamspeak websites and to offer them to
1169 +third parties for download, as well as to download the Add Ons offered
1170 +by third parties via myteamspeak.com.
1171 +
1172 +3.7 However, the "TS3 Client" and the "TS5 Client" as well as the
1173 +respective mobile applications for iOS and Android may only be used to
1174 +connect to official "TeamSpeak 3 Servers" and "TeamSpeak 5 Servers"
1175 +developed by TeamSpeak. Any other use is expressly prohibited. In the
1176 +event of an infringement, TeamSpeak reserves the right to assert claims
1177 +for damages.
1178 +
1179 +
1180 +A. Provisions concerning the conclusion of the contract
1181 +
1182 +
1183 +4. Conclusion of the contract on the licensing of the software
1184 + solutions
1185 +
1186 +4.1 A contract with TeamSpeak regarding the licensing of the software
1187 +solutions shall be concluded as described below:
1188 +
1189 +4.1.1 "Unlicensed": The contract for the free use of the license model
1190 +"Unlicensed" is concluded when the customer downloads the respective
1191 +software solution and TeamSpeak makes the software solution available.
1192 +
1193 +4.1.1.1 For this purpose, Customer shall press the button on
1194 +TeamSpeak.com labeled "Licensing Overview" followed by the button under
1195 +the description of the license model "Unlicensed" labeled "Download".
1196 +
1197 +4.1.1.2 Without having to register, the customer has the possibility to
1198 +download the software solution and use it in accordance with these GTC.
1199 +
1200 +4.1.1.3 When the software solution is downloaded, a binding contract is
1201 +concluded between TeamSpeak and the customer regarding the use of the
1202 +software solution in the "Unlicensed" license model.
1203 +
1204 +4.1.2 "NPL": The contract for the free use of the license model "NPL" is
1205 +concluded as follows:
1206 +
1207 +4.1.2.1 Customer clicks on TeamSpeak.com the button labeled "Licensing
1208 +Overview" and then the button labeled "Register" displayed under the
1209 +description of the licensing model "NPL".
1210 +
1211 +4.1.2.2 The customer presses the button labeled "Continue to NPL
1212 +Application" on the overview displayed and confirms the existence of the
1213 +prerequisites for a non-commercial grouping or consumer property by
1214 +pressing the button labeled "Continue". He also confirms the license
1215 +conditions and these GTC by pressing the buttons marked "I agree".
1216 +
1217 +4.1.2.3 By clicking the "Submit" button, the customer submits an offer
1218 +to TeamSpeak to conclude the contract for the license model "NPL".
1219 +Before pressing the button labeled "Submit", the customer has the option
1220 +of deleting or correcting his entry or canceling the process at any
1221 +time, also by pressing the "Back" button on his browser.
1222 +
1223 +4.1.2.4 TeamSpeak shall send a confirmation e-mail to the e-mail address
1224 +provided during the registration process, confirming receipt of the
1225 +customer's offer by TeamSpeak. A contract does not come off with
1226 +entrance of this confirmation E-Mail with the customer.
1227 +
1228 +4.1.2.5 TeamSpeak accepts the customer's offer by making the software
1229 +solution available for download. This results in a binding contract
1230 +between TeamSpeak and the customer for the use of the software solution
1231 +in the "NPL" license model.
1232 +
1233 +4.1.2.6 TeamSpeak shall send a confirmation e-mail to the e-mail address
1234 +specified during registration, summarizing the essential content of the
1235 +contract, to the customer. With this confirmation e-mail the AGB are
1236 +also sent to the customer.
1237 +
1238 +4.1.3 "AAL": The contract for the paid use of the license model "AAL" is
1239 +concluded as follows:
1240 +
1241 +4.1.3.1 Customer registers for a TeamSpeak.com account: Customer presses
1242 +the button labeled "Sales" and then the button labeled "Continue to
1243 +register for an account. He fills in the displayed registration form and
1244 +sends it by pressing the button marked "Register".
1245 +
1246 +4.1.3.2 The customer receives an overview of the data entered by him and
1247 +is given the option of correcting or deleting this data after pressing
1248 +the "modify" button or canceling the registration process by closing the
1249 +browser window or pressing the "Back" button on the browser.
1250 +
1251 +4.1.3.3 By pressing the button with the inscription "Confirm", the
1252 +customer submits a binding offer to conclude a contract for the opening
1253 +of his customer account.
1254 +
1255 +4.1.3.4 TeamSpeak will send a confirmation email with a confirmation
1256 +link and password to the customer.
1257 +
1258 +4.1.3.5 TeamSpeak shall display the license models offered to the
1259 +customer in the customer area of the customer account. With this
1260 +advertisement TeamSpeak makes a binding offer to conclude a contract
1261 +with the customer for the license models displayed.
1262 +
1263 +4.1.3.6 The customer selects the desired "AAL" license in his customer
1264 +account and presses the button with the inscription "Add". By pressing
1265 +the button labeled "Add", the customer accepts TeamSpeak's offer to
1266 +conclude a contract and a binding contract for the use of the software
1267 +solution in the license model "AAL" is concluded.
1268 +
1269 +4.1.3.7 TeamSpeak shall send a confirmation e-mail to the e-mail address
1270 +specified during registration, summarizing the essential content of the
1271 +contract, to the customer.
1272 +
1273 +4.1.4 "ATHP": The contract for the paid use of the "ATHP" license model
1274 +is concluded as follows:
1275 +
1276 +4.1.4.1 The customer registers for a TeamSpeak.com customer account. The
1277 +steps of registration are governed by sections 4.1.3.1 to 4.1.3.4 of
1278 +these GTC.
1279 +
1280 +4.1.4.2 The customer selects the licence model "ATHP" in his customer
1281 +account and presses the button with the inscription "Add". The customer
1282 +will receive an invoice for the registration fee of $ 50 USD. Once the
1283 +customer has paid the registration fee, TeamSpeak will send an email to
1284 +the customer with instructions to complete the application process (as
1285 +described below).
1286 +
1287 +4.1.4.3 The customer shall send TeamSpeak the completed application
1288 +form, the signed license agreement, a photocopy of the identity card or
1289 +passport of an authorized representative as well as the business
1290 +registration, the VAT ID or any other document that identifies the
1291 +customer as an entrepreneur within the meaning of section 2.3 of these
1292 +GTC. The documents will be sent to TeamSpeak by e-mail to
1293 +athps@×××××××××.com or by fax to +49-8825-920-27-97. By sending the
1294 +aforementioned documents, the customer submits a binding offer to
1295 +conclude the contract.
1296 +
1297 +4.1.4.4 TeamSpeak will send a confirmation email to the email address
1298 +stored in the customer's account confirming receipt of the customer's
1299 +offer. A contract does not come off with the entrance of this
1300 +confirmation e-mail.
1301 +
1302 +4.1.4.5 TeamSpeak accepts the customer's offer by making the software
1303 +solution available for download in the customer area of the customer
1304 +account. With the provision of the software solution, a binding contract
1305 +is concluded between the customer and TeamSpeak for the use of the
1306 +software solution in the "ATHP" license model.
1307 +
1308 +4.1.4.6 TeamSpeak will send a confirmation email to the email address
1309 +provided during registration, summarizing the main content of the
1310 +contract, to the customer.
1311 +
1312 +4.1.5 "Software Development Kit" (hereinafter referred to as "SDK"): The
1313 +contract for the paid use of the license model "SDK" is concluded by
1314 +individual conclusion of a contract with the Customer.
1315 +
1316 +4.1.5.1 The customer shall contact TeamSpeak by e-mail at
1317 +ts3sdk@×××××××××.com or by telephone at +49 8825 920200-0.
1318 +
1319 +4.1.5.2 TeamSpeak shall send the customer an offer for the services
1320 +requested by the customer in text form to the e-mail address provided by
1321 +the customer. With this e-mail TeamSpeak makes a binding offer to
1322 +conclude a contract under the conditions stated in the e-mail.
1323 +
1324 +4.1.5.3 Acceptance of TeamSpeak's offer by the customer in text form
1325 +constitutes a binding contract for the use of the "SDK" license model.
1326 +
1327 +
1328 +5. Conclusion of a contract for the provision of server space
1329 +
1330 +5.1 The customer is forwarded via Teamspeak.com to the internet presence
1331 +of the third party provider.
1332 +
1333 +5.2 A contract conclusion comes about in the case of the switching of
1334 +server places offered by a third party exclusively between the customer
1335 +and the respective third party. It is strongly recommended that the
1336 +customer obtain information from the third party about the conclusion of
1337 +the contract and, if applicable, its general terms and conditions.
1338 +
1339 +
1340 +6. Conclusion of the contract about the licensing of the client
1341 +
1342 +6.1 A contract on the licensing of the client is concluded as follows:
1343 +
1344 +6.1.1 The customer clicks the "Download" button on TeamSpeak.com. The
1345 +customer is redirected to a subpage that shows an overview of the client
1346 +versions to be downloaded (Windows, Linux and MacOS as well as for
1347 +mobile devices).
1348 +
1349 +6.1.2 The Customer selects the version corresponding to his requirements
1350 +and presses the button marked "Download" which is displayed next to the
1351 +version of the Client he has selected. The customer has the possibility
1352 +to cancel the download process at any time by closing his browser window
1353 +or ending the process.
1354 +
1355 +6.1.3 If Windows, Linux or MacOS versions are selected, the customer
1356 +submits a binding offer to conclude the contract by pressing the button
1357 +marked "Download". TeamSpeak accepts this offer by providing the client
1358 +for download by teamspeak.com or the referring websites, so that a
1359 +binding contract is concluded between TeamSpeak and the client.
1360 +
1361 +6.1.4 If a version of the Client is selected for mobile devices, the
1362 +Customer will be redirected to the Internet pages of third parties
1363 +"Apple AppStore" (iOS) or "Android Market" (Android) and can purchase
1364 +these there in accordance with the conditions of the respective third
1365 +party provider. The customer is strongly advised to inform himself about
1366 +the conclusion of the contract and the general terms and conditions of
1367 +the third party provider.
1368 +
1369 +
1370 +7. Conclusion of a contract concerning the uploading and
1371 + downloading of Add Ons
1372 +
1373 +7.1 TeamSpeak only provides the platform for uploading and downloading
1374 +add-ons. The contract for the use of the respective add-on is concluded
1375 +exclusively between the customer who uploads the add-on and the customer
1376 +who downloads the add-on.
1377 +
1378 +7.2 To upload Add Ons, Customer must register for a Customer Account as
1379 +a Developer (hereinafter referred to as "Developer Account").
1380 +
1381 +7.3 To do this, the customer presses the button labeled "MyTeamSpeak"
1382 +and the button labeled "Register" on the underside of the screen that
1383 +appears.
1384 +
1385 +7.4 The Customer fills in the registration form displayed with the
1386 +e-mail address and password and clicks the button marked "Register".
1387 +
1388 +7.5 TeamSpeak will send a confirmation email with a confirmation link to
1389 +the customer.
1390 +
1391 +7.6 The customer activates the confirmation link contained in the e-mail
1392 +and is taken to his customer account under the menu item "Dashboard".
1393 +
1394 +7.7 The customer presses the button in his customer account with the
1395 +inscription "Become a developer". By entering their name and mobile
1396 +phone number, the customer fills out a registration form and clicks the
1397 +button labeled "Send confirmation code".
1398 +
1399 +7.8 TeamSpeak will send a confirmation code with a limited validity
1400 +period to the mobile phone number provided by the customer.
1401 +
1402 +7.9 The customer enters the confirmation code in the form field provided
1403 +and presses the button marked "confirm".
1404 +
1405 +7.10 To download Add Ons, the customer does not need to register for a
1406 +customer account. Downloading is possible free of charge and without
1407 +registration on the "MyTeamSpeak" subpage.
1408 +
1409 +7.11 Only such add-ons in connection with the "TS 3 Client" and "TS 5
1410 +Client" and the respective mobile applications for iOS and Android that
1411 +can be downloaded from the website myteamspeak.com may be used.
1412 +
1413 +
1414 +8. Conclusion of the contract on the use of the forum
1415 +
1416 +8.1 The Customer shall press the button marked "Forum" and then the
1417 +button marked "Register".
1418 +
1419 +8.2 The Customer shall complete the registration form displayed after
1420 +pressing the "Register" button.
1421 +
1422 +8.3 After filling in the registration form, the Customer clicks the
1423 +button labeled "Complete Registration". He can correct his data at any
1424 +time until he clicks the "Complete Registration" button or cancel the
1425 +registration by closing his browser window or clicking the "Back" button
1426 +on his browser.
1427 +
1428 +8.4 The customer shall receive a confirmation of receipt from TeamSpeak
1429 +containing a confirmation link. This confirmation of receipt does not
1430 +constitute an offer on the part of TeamSpeak to conclude a contract, but
1431 +merely serves to verify the customer's data.
1432 +
1433 +8.5 The customer can click on the confirmation link and then register
1434 +for his customer account. By activating the confirmation link, the
1435 +customer makes a binding offer to use the forum free of charge.
1436 +
1437 +8.6 TeamSpeak accepts the customer's offer by providing the customer
1438 +account, so that a binding contract is concluded.
1439 +
1440 +
1441 + B. Special provisions for the respective contracts for individual
1442 + services
1443 +
1444 +
1445 +9. Licence fees for the use of the software solutions
1446 +
1447 +9.1 Royalties under the "ATHP" licensing model
1448 +
1449 +9.1.1 For the use of the software solution in the license model "ATHP",
1450 +a lump-sum basic fee as well as use-dependent current license fees are
1451 +to be paid.
1452 +
1453 +9.1.2 The basic fee is a lump sum of 50 dollars and is due once upon
1454 +conclusion of the contract.
1455 +
1456 +9.1.3 The amount of current licence fees for the granting of licences in
1457 +the "ATHP" licence model shall be determined on the basis of the actual
1458 +use of the number of slots per calendar day. For this purpose, the
1459 +number of slots used is transmitted daily by the virtual server to a
1460 +server operated by TeamSpeak. The customer undertakes not to take any
1461 +action against TeamSpeak that is likely to prevent such transmission or
1462 +alter the transmission result. The current license fees are due ten
1463 +working days after receipt of the invoice by the customer.
1464 +
1465 +9.1.4 A minimum license fee shall be deemed agreed between the customer
1466 +and TeamSpeak. For the first year of licence use, this amounts to the
1467 +licence fee for the use of 200 slots used and for each subsequent year
1468 +of licence use, the licence fee for the use of 1,000 slots used. If the
1469 +minimum license fee is not reached, the customer must nevertheless pay
1470 +license fees in the amount of the minimum license fee.
1471 +
1472 +9.2 Unless otherwise agreed between the customer and TeamSpeak, the
1473 +license fees stated in the service description for the respective
1474 +license model shall be deemed agreed.
1475 +
1476 +9.3 TeamSpeak is entitled to change the license fees in the course of
1477 +further development of the software solutions or for reasons of
1478 +adaptation to the market situation.
1479 +
1480 +9.4 In the event of a price adjustment, a list with the changed prices
1481 +will be sent to the customer in text form.
1482 +
1483 +9.5 The customer has the option to terminate the license agreement
1484 +without notice within a period of four weeks commencing with the receipt
1485 +of the message referred to in Section 9.4 of these General Terms and
1486 +Conditions.
1487 +
1488 +9.6 The customer has the possibility to object to the price adjustment
1489 +within a period of four weeks beginning with the receipt of the message
1490 +referred to in section 9.4 of these General Terms and Conditions. In the
1491 +event of an objection by the customer, TeamSpeak shall be entitled to
1492 +terminate the contract extraordinarily within a period of four weeks
1493 +beginning with the receipt of the objection by TeamSpeak.
1494 +
1495 +
1496 +10. Prices and terms of payment for the licensing of the software
1497 + solutions
1498 +
1499 +10.1 All prices or price quotations quoted by TeamSpeak are always in
1500 +the form of US dollars, even in the absence of an express currency
1501 +indication, unless otherwise agreed between the parties.
1502 +
1503 +10.2 All prices or price quotations are exclusive of the applicable
1504 +value added tax and any further public charges.
1505 +
1506 +10.3 When ordering via Teamspeak.com, the customer only has access to
1507 +the payment options indicated under the menu item "Pay", whereby
1508 +TeamSpeak expressly reserves the right to reject a payment method
1509 +selected by the customer in the contract offer.
1510 +
1511 +10.4 In the case of telephone orders or orders placed by e-mail, fax or
1512 +post, payment by bank transfer shall be agreed as advance payment unless
1513 +otherwise agreed, whereby TeamSpeak's remuneration shall become due upon
1514 +conclusion of the contract, i.e. the customer shall be obliged to pay
1515 +the remuneration in advance.
1516 +
1517 +10.5 If payment on account has been agreed, payment shall be due within
1518 +fourteen working days of receipt of the invoice by the Customer.
1519 +
1520 +10.6 TeamSpeak shall be entitled to perform or provide outstanding
1521 +services only against advance payment or security if, after conclusion
1522 +of the contract, it becomes aware of circumstances which could
1523 +significantly reduce the creditworthiness of the customer and which
1524 +endanger the payment of TeamSpeak's outstanding claims by the customer
1525 +arising from the respective contractual relationship (including from
1526 +other individual orders).
1527 +
1528 +
1529 +11. Termination of license agreements for the software solutions
1530 +
1531 +11.1 The contracts for the licensing of software solutions have the
1532 +contract term stated in the service description (hereinafter referred to
1533 +as the "minimum contract term"), i.e.
1534 +
1535 +11.1.1 The contract for the "Unlicensed" license model has no fixed
1536 +contract term. The license model can be used by the customer at any time
1537 +as long as TeamSpeak offers this license model.
1538 +
1539 +11.1.2 The contract for the "NPL" licensing model has a minimum term of
1540 +six months.
1541 +
1542 +11.1.3 The contract for the "AAL" licence model has a minimum term of
1543 +twelve months.
1544 +
1545 +11.1.4 The contract for the "ATHP" licence model has a minimum term of
1546 +twelve months.
1547 +
1548 +11.1.5 The contract for the license model "SDK" has the individually
1549 +agreed minimum contract term.
1550 +
1551 +11.2 The Contract shall be automatically extended by the minimum
1552 +Contract Term if neither party terminates the Contract at the end of the
1553 +minimum Contract Term. With the license model "NPL", the contract is
1554 +only automatically extended if the customer has used the software
1555 +solution within a period of one month before the end of the minimum
1556 +contract term; otherwise the contract ends automatically with the end of
1557 +the minimum contract term.
1558 +
1559 +11.3 The license agreement may be terminated by the customer at any time
1560 +at the end of the minimum contract term without notice. TeamSpeak may
1561 +terminate the License Agreement at any time subject to a notice period
1562 +equal to half the period of the minimum contract term to the end of the
1563 +minimum contract term.
1564 +
1565 +11.4 The right of both parties to extraordinary termination remains
1566 +unaffected. TeamSpeak is entitled to an extraordinary right of
1567 +termination, in particular under the conditions set out in Section 11.5
1568 +of these GTC.
1569 +
1570 +11.5 In particular, TeamSpeak has a right of extraordinary termination,
1571 +
1572 +11.5.1.1 if the Customer defaults on two consecutive payments due for
1573 +the Licensing.
1574 +
1575 +11.5.1.2 if the customer repeatedly falls below the minimum license fee
1576 +in the case of a contract for the license model "ATHP".
1577 +
1578 +11.5.1.3 if the customer repeatedly violates his obligations under the
1579 +license agreement, including these GTC, despite a warning and the
1580 +violations are not insignificant.
1581 +
1582 +11.5.1.4 if the customer repeatedly breaches its essential obligations
1583 +under this contract despite a warning from TeamSpeak and is responsible
1584 +for the breach.
1585 +
1586 +11.5.1.5 if the customer has chosen the license models "Unlicensed" or
1587 +"NPL" without the property as a consumer or non-commercial grouping
1588 +being present or this property having subsequently ceased to exist. In
1589 +this case we reserve the right to claim damages.
1590 +
1591 +11.6 Each termination requires the text form.
1592 +
1593 +
1594 +12. Obligations of the customer when using the client
1595 +
1596 +12.1 The customer himself is obliged to undertake data back-ups at
1597 +regular intervals. TeamSpeak is not responsible for any loss of data
1598 +resulting from a breach of this obligation. This does not apply if
1599 +TeamSpeak is responsible for the violation.
1600 +
1601 +12.2 Furthermore, the customer is obliged to use programs corresponding
1602 +to the current technical standard against viruses and other malicious
1603 +software.
1604 +
1605 +12.3 Updates to the Standard Software will be provided free of charge
1606 +when and as they become available. The customer is obliged in his own
1607 +interest to install updates of the client immediately after their
1608 +publication. Otherwise the usability of the client may be restricted.
1609 +
1610 +
1611 +13. Termination of the client licensing agreements
1612 +
1613 +13.1 The Customer may terminate the Client Licensing Agreement at any
1614 +time by removing the Client from any of the Customer's end devices.
1615 +
1616 +13.2 The right to extraordinary termination without notice of both
1617 +parties remains unaffected.
1618 +
1619 +13.3 Each termination obliges the customer to immediately remove the
1620 +client from all end devices.
1621 +
1622 +
1623 +14. Publication of contributions in the forum
1624 +
1625 +14.1 The registered customer has the possibility to publish
1626 +contributions in the area "Community Forum" on myteamspeak.com via the
1627 +customer area of his customer account.
1628 +
1629 +14.2 In order to publish a new contribution, the Customer uploads the
1630 +contribution by clicking on the "Post New Thread" button. When replying
1631 +to a contribution from another customer, the customer clicks the button
1632 +labeled "Reply To Thread" to publish his reply contribution. The
1633 +contribution will then be transmitted to TeamSpeak and published by
1634 +TeamSpeak on myteamspeak.com.
1635 +
1636 +14.3 TeamSpeak does not control contributions prior to publication.
1637 +TeamSpeak expressly reserves the right to delete individual
1638 +contributions in the event of a reference to the illegality of a
1639 +contribution.
1640 +
1641 +14.4 The customer undertakes vis-à-vis TeamSpeak not to publish any
1642 +contributions that violate the laws of the Federal Republic of Germany
1643 +or the rights of third parties.
1644 +
1645 +14.5 The customer indemnifies TeamSpeak against all rights of third
1646 +parties which they may assert against TeamSpeak due to the publication
1647 +of contributions on Teamspeak.com by the customer. Subject to the
1648 +customer's consent, TeamSpeak will not make any acknowledgements or
1649 +other declarations in legal transactions which justify the asserted
1650 +claims of the third party.
1651 +
1652 +14.6 The indemnity obligation set forth in Section 14.5 of these GTC
1653 +shall not apply if the circumstances justifying the claims of the third
1654 +party can be proven to be due to gross negligence or wilful misconduct
1655 +on the part of TeamSpeak.
1656 +
1657 +14.7 TeamSpeak undertakes, insofar as the customer's obligation to
1658 +indemnify as stipulated in section 14.5 of these GTC is affected, to
1659 +inform the customer immediately of any legal action brought against
1660 +TeamSpeak or of any assertion of claims against TeamSpeak and to give
1661 +the customer the opportunity to assume legal defence.
1662 +
1663 +
1664 +15. Termination of the user account for the forum
1665 +
1666 +15.1 The customer has the option to have TeamSpeak delete his customer
1667 +account at any time. For this purpose, the customer sends the deletion
1668 +request in text form to TeamSpeak. Termination is also possible against
1669 +a moderator of the forum in text form. TeamSpeak shall delete the
1670 +customer's forum account immediately upon receipt of the notice of
1671 +termination. Contributions published by the customer may be deleted or
1672 +anonymized at TeamSpeak's discretion. With the deletion the contract
1673 +about the use of the customer account ends.
1674 +
1675 +15.2 TeamSpeak has the right to terminate the contract for the use of
1676 +the customer account at any time with three months' notice to the end of
1677 +the quarter of a calendar year.
1678 +
1679 +15.3 The right of both parties to extraordinary termination remains
1680 +unaffected. A right to extraordinary termination exists in particular if
1681 +the customer repeatedly violates his obligations under section 14.4 of
1682 +these GTC despite a warning and the violation is not insignificant.
1683 +
1684 +15.4 Any notice of termination must be in text form.
1685 +
1686 +
1687 +16. Publication of Add Ons
1688 +
1689 +16.1 If the customer is registered as a developer, he has the
1690 +possibility to upload Add Ons and offer them to third parties for free
1691 +download.
1692 +
1693 +16.2 In order to upload Add Ons, the customer clicks the button with the
1694 +label "Upload Add Ons" in the customer area of his customer account. The
1695 +customer submits the add-ons to be uploaded by him to TeamSpeak by
1696 +pressing the button labeled "Add Addon".
1697 +
1698 +16.3 TeamSpeak releases the Add Ons on "MyTeamspeak".
1699 +
1700 +16.4 TeamSpeak does not control the uploaded add-ons prior to
1701 +publication. TeamSpeak also expressly reserves the right to delete
1702 +individual add-ons in the event of a reference to the illegality of an
1703 +add-on.
1704 +
1705 +16.5 The customer undertakes not to publish any add-ons to TeamSpeak
1706 +that violate the laws of the Federal Republic of Germany, the rights of
1707 +TeamSpeak or the rights of third parties.
1708 +
1709 +16.6 The customer shall indemnify TeamSpeak against all third party
1710 +rights asserted against TeamSpeak by the customer due to the publication
1711 +of add-ons on myteamspeak.com by the customer. Subject to the customer's
1712 +consent, TeamSpeak will not make any acknowledgements or other
1713 +declarations in legal transactions which justify the asserted claims of
1714 +the third party.
1715 +
1716 +16.7 The indemnity obligation set forth in Section 16.6 of these GTC
1717 +shall not apply if the circumstances justifying the claims of the third
1718 +party can be proven to be due to gross negligence or wilful misconduct
1719 +on the part of TeamSpeak.
1720 +
1721 +16.8 TeamSpeak undertakes to inform the customer immediately of any
1722 +legal action taken against TeamSpeak or the assertion of claims against
1723 +TeamSpeak and to give the customer the opportunity to assume legal
1724 +defence in the event that the customer's obligation to indemnify is
1725 +breached in accordance with Section 16.6 of these General Terms and
1726 +Conditions.
1727 +
1728 +
1729 +17. Termination of the customer account as developer
1730 +
1731 +17.1 The customer has the option of having TeamSpeak delete his customer
1732 +account as a developer at any time. For this purpose, the customer sends
1733 +the deletion request in text form to TeamSpeak. TeamSpeak will delete
1734 +the customer's developer account immediately upon receipt of the
1735 +termination notice. Add-ons published by the customer will also be
1736 +deleted immediately. With the deletion the contract about the use of the
1737 +Developer account ends.
1738 +
1739 +17.2 TeamSpeak has the right to terminate the Developer Account
1740 +Agreement at any time with three months' notice to the end of the
1741 +quarter of a calendar year.
1742 +
1743 +17.3 The right of both parties to extraordinary termination remains
1744 +unaffected. A right to extraordinary termination exists in particular if
1745 +the customer repeatedly violates his obligations under section 16.5 of
1746 +these GTC despite a warning and the violation is not insignificant.
1747 +
1748 +17.4 Any notice of termination must be given in writing.
1749 +
1750 +
1751 +C. General provisions
1752 +
1753 +
1754 +18. Warranty
1755 +
1756 +18.1 The statutory warranty rights shall apply to consumers.
1757 +
1758 +18.2 The following provisions shall apply to entrepreneurs:
1759 +
1760 +18.2.1 The customer's warranty rights expire within one year. This shall
1761 +not apply to damages culpably caused by TeamSpeak resulting from injury
1762 +to life, body or health and damages caused by gross negligence or intent
1763 +or fraudulent intent, as well as in the case of recourse claims pursuant
1764 +to §§ 478, 479 BGB (German Civil Code).
1765 +
1766 +18.2.2 A warranty by TeamSpeak is excluded if the defect is due to
1767 +circumstances caused by TeamSpeak at the express request of the customer.
1768 +
1769 +18.2.3 The strict liability for damages for initial defects according to
1770 +§ 536a Abs. 1 BGB is excluded.
1771 +
1772 +
1773 +19. Liability
1774 +
1775 +19.1 TeamSpeak shall be liable in all cases of contractual and
1776 +non-contractual liability for intent and gross negligence in accordance
1777 +with the statutory provisions.
1778 +
1779 +19.2 In other cases, TeamSpeak shall be liable - unless otherwise
1780 +stipulated in Section 19.1 of these GTC - only in the event of a breach
1781 +of a contractual obligation, the fulfilment of which is essential for
1782 +the proper execution of the contract and on the observance of which the
1783 +customer may therefore regularly rely (so-called cardinal obligation).
1784 +In all other cases, TeamSpeak's liability is excluded subject to the
1785 +provision in Section 19.1 of these GTC.
1786 +
1787 +19.3 To the extent that TeamSpeak is liable on the merits pursuant to
1788 +clause 19.1 of these GTC, this liability shall be limited to damages
1789 +which TeamSpeak foresaw at the time of conclusion of the contract as a
1790 +possible consequence of a breach of contract or which TeamSpeak should
1791 +have foreseen if it had exercised due care. Furthermore, indirect
1792 +damages and consequential damages resulting from deficiencies in
1793 +TeamSpeak's performance shall only be eligible for compensation if such
1794 +damages are typically to be expected when the performance is used as
1795 +intended.
1796 +
1797 +19.4 TeamSpeak's liability for damages resulting from injury to life,
1798 +limb or health and under the Product Liability Act shall remain
1799 +unaffected by the above limitations and exclusions of liability.
1800 +
1801 +
1802 +20. Set-off, rights of retention and assignment
1803 +
1804 +20.1 The customer shall only be entitled to offset claims against
1805 +TeamSpeak against legally established or undisputed claims. The same
1806 +applies to the assertion of rights of retention.
1807 +
1808 +20.2 The assignment of claims against TeamSpeak to third parties is only
1809 +possible with the written consent of TeamSpeak. This applies in
1810 +particular to the transfer of the license granted by TeamSpeak to third
1811 +parties.
1812 +
1813 +
1814 +21. Text form
1815 +
1816 +21.1 Amendments and alterations to the agreements made between TeamSpeak
1817 +and the customer, including these General Terms and Conditions, must be
1818 +made in text form in order to be effective.
1819 +
1820 +21.2 With the exception of managing directors or authorized signatories,
1821 +TeamSpeak employees shall not be entitled to enter into any verbal
1822 +agreements that deviate from these provisions.
1823 +
1824 +
1825 +22. Applicable law and place of jurisdiction
1826 +
1827 +22.1 German law shall apply. In the case of consumers, this choice of
1828 +law shall only apply insofar as the protection granted by mandatory
1829 +provisions of the law of the country of the consumer's habitual
1830 +residence is not thereby withdrawn (principle of favourability).
1831 +
1832 +22.2 The place of performance for all services arising from business
1833 +relations with TeamSpeak and the place of jurisdiction shall be the
1834 +registered office of TeamSpeak, provided that the user is not a consumer
1835 +but a merchant, a legal entity under public law or a special fund under
1836 +public law. The same applies if the user does not have a general place
1837 +of jurisdiction in Germany or the EU or if the place of residence or
1838 +usual abode is not known at the time the action is filed. The right to
1839 +also appeal to the court at another legal place of jurisdiction remains
1840 +unaffected by this.
1841 +
1842 +22.3 The provisions of the UN Sales Convention expressly do not apply.
1843 +
1844 +
1845 +
1846 +II. Customer information
1847 +
1848 +
1849 +1. Identity of the provider
1850 +
1851 +TeamSpeak Systems, Inc.
1852 +PO Box 211180
1853 +Chula Vista
1854 +CA91921
1855 +USA
1856 +
1857 +Telephone: +1-877-832-6773
1858 +Telefax: +1-619-312-4145
1859 +E-mail: info@×××××××××.com
1860 +
1861 +
1862 +2. Information on the conclusion of the contract
1863 +
1864 +The technical steps for the conclusion of the contract, the conclusion
1865 +of the contract itself and the correction options shall be carried out
1866 +in accordance with Section B of the General Terms and Conditions (Part I).
1867 +
1868 +
1869 +3. Contract language, contract text storage
1870 +
1871 +The contract language is English.
1872 +
1873 +TeamSpeak does not save the complete contract text. Before sending the
1874 +respective offer, the offer data can be printed out or electronically
1875 +saved using the browser's print function. Upon acceptance of the offer
1876 +by TeamSpeak, the contract data, the legally required information for
1877 +distance selling contracts and the General Terms and Conditions will be
1878 +sent to the user again by e-mail.
1879 +
1880 +
1881 +4. Essential characteristics of the goods and services
1882 +
1883 +The essential characteristics of the goods and services can be found in
1884 +the service description and the supplementary information on Teamspeak.com.
1885 +
1886 +
1887 +5. Prices and payment methods
1888 +
1889 +The prices and payment modalities result from the information at the
1890 +conclusion of the contract as well as from the provisions in point B. of
1891 +the General Terms and Conditions (Part I).
1892 +
1893 +
1894 +6. Statutory liability for defects
1895 +
1896 +The statutory rights of liability for defects exist vis-à-vis consumers.
1897 +
1898 +
1899 +7. Contract term, termination
1900 +
1901 +You will find information on the term of the contract and the conditions
1902 +of termination in the respective service description as well as in point
1903 +B of the General Terms and Conditions.
1904 +