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Starting from v3.5.6
3 years ago
Format: https://www.debian.org/doc/packaging-manuals/copyright-format/1.0/
Upstream-Name: ts3client
Source: https://www.teamspeak.com/downloads
Files: *
Copyright: 2004-2020 TeamSpeak Systems GmbH
License: Proprietary software
In order to install this software you are required to accept the license
agreement.
.
Privacy statement
TeamSpeak Systems GmbH
.
1. Scope
1.1 Please find information below concerning the collection, storage and processing of personal
data when using the websites operated by TeamSpeak Systems GmbH under the domains
teamspeak.com, teamspeakusa.com and myteamspeak.com (hereinafter the first and the second
one referred to as "Teamspeak.com" and the last one referred to as "Myteamspeak.com"; all of
them jointly referred to as "TeamSpeak Websites"), especially but not restricted to the download
of the software solutions "TeamSpeak 3" and "TeamSpeak 3 Software Development Kit"
(hereinafter referred to as "software solutions"), download and use of the TeamSpeak Software
Client (for PC or for mobile devices), participation in the forum as well as the down- and upload
of own software programmes onto the TeamSpeak websites, which are compatible with the
software solutions of TeamSpeak (hereinafter referred to as "Add-ons") as well as rent of servers.
1.2 Personal data are all data, which can refer back to you personally, i.e. could be associated with
your person. These are in particular name, e-mail address, address, telephone number, user
behaviour, IP address, etc.
.
2. Service provider
2.1 The service provider according to Section 13 German Telemedia Act and the responsible body
according to Section 3 Par. 7 Federal Data Protection Act is TeamSpeak Systems GmbH,
Soiernstr. 1, 82494 Krün, entered in the register of companies of Munich County Court under the
register number HRB 172523 (hereinafter referred to as "TeamSpeak").
2.2 The TeamSpeak Websites contain links, by activating which you will be forwarded to the
websites of third parties. TeamSpeak explicitly points out that in this case you must inform
yourself on the linked website about the collection, storage and processing of personal data by the
third party provider, as TeamSpeak has no influence on such a process.
.
3. Information
3.1 You are entitled to request detailed information from TeamSpeak at all times regarding the
data stored and processed relating to your person as well as their origin, the purpose of the storage
and processing as well as the recipients or categories of recipients, to whom these data are
forwarded.
3.2 Please direct the enquiry for information by e-mail to privacy@teamspeak.com.
.
4. Revocation
4.1 You can revoke your consent to the storage, collection and processing of your personal data at
all times.
4.2 Please send your revocation by e-mail to privacy@teamspeak.com or by e-mail, telephone,
post or fax to the contact details stated in the imprint of the TeamSpeak Websites.
.
5. Use of cookies
5.1 Cookies are stored on your computer when using the TeamSpeak Websites, even if the
TeamSpeak Websites are used purely for informational purposes.
5.2 Cookies are small text files, which are stored on your hard disk drive, allocated to the browser
used by you, are stored and through which certain information is conveyed to the agency, which
places the cookie. Cookies cannot carry out any programme and, above all, not transmit any
viruses to your computer either. Cookies serve in particular to design the TeamSpeak Websites
more user-friendly.
5.3 If you have a user account for the TeamSpeak Websites , cookies in particular serve to
identifying you for follow-up visits to the TeamSpeak Websites. This prevents that you must log-
in once again for each visit.
5.4 The TeamSpeak Websites use the following types of cookies:
• Transient cookies, i.e. with temporary use
• Persistent cookies, i.e. with time-limited use
• Third party cookies, i.e. cookies of third party providers
5.5 Transient cookies will be deleted as soon as you close your browser. These shall in particular
include the so-called session cookies. Session cookies store a session-ID, with which the enquiries
of your browser can be allocated to the session so that your computer can be recognised again by
the system when you return to the TeamSpeak Websites. As soon as you log-out or close your
browser, all session cookies will be deleted automatically.
5.6 Persistent cookies will only be deleted after a duration that depends on the respective cookie,
which goes beyond the session, however no later than two months after the cookie was set. You
can delete these cookies yourself at all times in the security settings of your browser.
5.7 In your browser settings, you can adjust the use of cookies individually and also prevent this
completely. You can also completely prevent the use of third party cookies. In this case it is,
however, possible that you will not be able to use all functions of the TeamSpeak Websites.
5.8 The information stored via cookies will be stored separately from your other personal data and
not linked with such data.
5.9 TeamSpeak points out that the third party providers, which collect data by using cookies, also
use data regarding the use of the TeamSpeak Websites for user-generated advertising on other
websites. TeamSpeak has no influence on this data collection.
.
6. Informational use of the TeamSpeak Websites
6.1 In case of a purely informational use of the TeamSpeak Websites, TeamSpeak will only collect
the data transmitted by your browser, these are:
• Your IP address
• Date, time and duration of your visit to the respective website of the TeamSpeak Websites
• Your user behaviour, i.e. your visit to the TeamSpeak Websites, subpages of the
TeamSpeak Websites as well as the order of your visits, clicks carried out as well as time
spent on individual pages and subpages
• Time zone difference to the Greenwich Mean Time
• The access status / http-status code
• Concretely transmitted data volumes
• Operating system and its interface
• Browser as well as language and version of the browser software
• The website, from which the request comes
When using a mobile device for visiting the TeamSpeak Websites the following data will be
additionally stored:
• Type of mobile device and its settings
• Your location, from where you are accessing the TeamSpeak Websites
6.2 A purely informational use of the TeamSpeak Websites exists if you do not register for a
customer account or a forum account, do not make any enquiry via the TeamSpeak Websites, nor
download the software solutions or the TeamSpeak Software Client or send any other information
regarding your person to TeamSpeak either.
.
7. Data collection when acquiring licences for the software solutions via Teamspeak.com
7.1 If you acquire licences for the software solutions via the TeamSpeak Websites, you must
create a customer account. An order without an existing or a customer account that is to be newly
created is not possible.
7.2 When registering for a user account your data given during the registration process – subject to
a deletion of your user account by TeamSpeak that can be carried out at all times upon request by
you – will be stored.
7.3 The data transmitted by you will, in particular, be used for the mutual fulfilment of the
contract. For this purpose, your data will, if applicable, also be forwarded to the partner that is
required in order to fulfil the contract. This is, for example, the payment service provider Pay Pal
Inc., 2211 North First Street, 95131 San José, California, USA (hereinafter referred to as
"PayPal"). You will find further information relating to the forwarding of your personal data to
third parties under Subclause 11 of this privacy statement.
7.4 TeamSpeak additionally uses your personal data for the purpose of marketing and advertising
for the services of TeamSpeak. However, without your separate consent information will only be
send to you for this purpose relating to services of TeamSpeak, which are similar to the services
used by you.
7.5 You have the possibility to have your customer account deleted by us at all times by sending a
corresponding request to the e-mail address privacy@teamspeak.com or the data provided in the
imprint of the TeamSpeak Websites. If your user account is deleted at your request your data will
be deleted immediately, as soon as they are no longer required for the mutual fulfilment of the
contract and TeamSpeak is not legally obliged to store that data.
7.6 In order to prevent unauthorized accesses of third parties to your personal data, in particular
financial data, the order process will be encrypted per SSL technology.
.
8. Download of the TeamSpeak Software Client
8.1 If you choose a version for mobile devices, you will be directed to the internet-shop “Apple
AppStore” (iOS) or “Android Market” (Android).
8.2 The third part provider may collect, store and process your personal data. Please inform
yourself about the collection, storage and processing of data by the third part provider, as
TeamSpeak has no influence on such a process.
8.2.1 During the download process TeamSpeak itself does not collect, store and process
personal data in addition to that stated before. Subclauses 5 and 6 and 7.2 until 7.6 of this
privacy statement apply accordingly.
8.2.2 If you choose to download a version of the TeamSpeak Software Client for PC
Subclauses 5, 6 and 7.2 until 7.6 of this privacy statement apply accordingly. TeamSpeak does
not collect, store and process any additional personal data from you.
.
9. Special terms for the use of the TeamSpeak Software Client (PC)
9.1 In the event of using the TeamSpeak Software Client TeamSpeak for PC TeamSpeak possibly
collects, stores and processes the following data:
• IP address
• Used operation system and type (32 or 64 bit)
• Data about your behavior (particularly clicks, used menus)
• Crash report, if sent by the you (program line, incident, basic data of computer hardware
used)
9.2 TeamSpeak uses this data exclusively for quality assurance as well as further development of
the software solutions and the TeamSpeak Software Client. The data mentioned above under
Subclause 9.1 of this Privacy Statement will not be combined with other personal data stored
about you. The data will be anonymized immediately for further use.
9.3 If you do not agree with the collection, storage and processing of the data mentioned under
clause 9.1 of this Privacy Statement you can change the status in the field “anonymous statistics”
(following the menu items Settings – Options – Applications).
9.4 You can revoke your consent to collect, store and process the data mentioned under clause 9.1
of this Privacy Statement at all times. Please send your revocation by e-mail to
privacy@teamspeak.com or by e-mail, telephone, post or fax to the contact details stated in the
imprint of the TeamSpeak Websites. All personal data, which can refer back to you personally,
will be deleted without undue delay.
9.5 The sending of a crash-report is subject to your separate consent which will be queried
separately before you can send the report. You are not obligated to send a crash-report. If you send
a crash-report, clause 9.2 and 9.4 of this Privacy Statement apply accordingly.
.
10. Server rent
10.1 TeamSpeak itself does not collect, store and process any personal data in addition to that
stated before. Subclauses 5, 6 and 7.2 and 7.6 of this privacy statement apply accordingly.
10.2 TeamSpeak has no influence on the collection, storage and processing of your personal data
by the lessor. Please inform yourself about the collection, storage and processing of data by the
lessor.
10.3 If you rent a server of a third party, this contract is just mediated by TeamSpeak.
.
11. Use of the forum
11.1 The forum can be read without this requiring a registration. In this case it concerns a purely
informational use of the TeamSpeak Websites (cf. in this respect Subclause 6 of this privacy
statement).
11.2 In order to be able to actively participate in the forum you must register and create a forum
account. A user name, a password, your date of birth and your e-mail address are to be entered
with the registration. It is not compulsory to use a real name, a use under a pseudonym user name
is possible.
11.3 We use the so-called Double-Opt-In-procedure for the registration, i.e. your registration is
only completed when you have previously confirmed your registration via a confirmation e-mail
sent to you for this purpose by clicking on the link contained therein. If your corresponding
confirmation is not carried out promptly, your registration will be automatically deleted from our
database.
11.4 The data entered by you with the registration are stored by us and linked with the contents
published by you, which are also stored by TeamSpeak. These data are exclusively used in order
to operate the forum and to process the contract concluded with you concerning the use of the
forum.
11.5 You have the possibility to have your forum account deleted by us at all times by a
corresponding request to the e-mail address privacy@teamspeak.com or the data stated in the
imprint of Teamsspeak.com. In this case the personal data stored regarding your forum account
will be deleted immediately as soon as they are no longer required for processing the contractual
relationship concerning the use of the forum and we are not legally obliged to store said data
either. Contributions published by you will be displayed anonymised under the marking "guest"
after the successful deletion of your forum account
.
12. Up- and Downloading of Add-Ons
12.1 In order to be able to upload Add-Ons you must register for a customer account as a
Developer (hereinafter referred to as "Developer Account").
12.1.1 During the registration you must submit your e-mail-address, your name and your
phone number.
12.1.2 When registering for a developer account your data given during the registration
process – subject to a deletion of your developer account by us that can be carried out at all
times upon request by you – will be stored.
12.1.3 The data transmitted by you will, in particular, be used for the mutual fulfilment of the
contract as well as the assertion of claims in the event that the Add-Ons uploaded by you
violate the applicable Law or our General Business Terms.
12.1.4 TeamSpeak additionally uses your personal data for the purpose of marketing and
advertising for the services of TeamSpeak. However, without your separate consent
information will only be send to you for this purpose relating to services of TeamSpeak, which
are similar to the services used by you.
12.1.5 You have the possibility to have your developer account deleted by us at all times by
sending a corresponding request to the e-mail address privacy@teamspeak.com or the data
provided in the imprint of the TeamSpeak Websites. If your user account is deleted at your
request your data will be deleted immediately, as soon as they are no longer required for the
mutual fulfilment of the contract and TeamSpeak is not legally obliged to store this data.
12.2 In order to download Add-Ons you do not have to register for a customer account. Subclauses
5 and 6 of this privacy statement apply accordingly.
.
13. Use of the online enquiry; order by e-mail, fax or telephone
13.1 You also have the possibility to contact TeamSpeak online via your customer account as well
as by telephone and by e-mail.
13.2 The data sent or entered by you within the framework of such will be used in order to answer
your enquiry and to contact you by telephone or by e-mail for this purpose and, if applicable, for
the mutual fulfilment of the contract. If your data are also used for the purpose of the mutual
fulfilment of the contract Subclauses 7.2 and 7.3 of this privacy statement shall apply accordingly.
.
14. Social networks and services of third parties
14.1 TeamSpeak uses social media plug-ins of the social networks Facebook, Google+, Twitter
and YouTube on the TeamSpeak Websites.
14.2 No personal data will be transmitted to the providers of these plug-ins without you clicking
on the button of a plug-in – irrespective of whether you place an order.
14.3 If you press the button of a plug-in personal data will be automatically transmitted to the
provider of the plug-in and can be stored and used by that provider. Please note that this may be
carried out overseas, i.e. in particular in the United States of America.
14.4 TeamSpeak has no full knowledge of the type and scope of the data collection and their use
and processing and cannot exert any influence on such processes either.
14.5 If you activate a plug-in the plug-in provider will receive the information that you have
activated this on the respective website of the TeamSpeak Websites or the corresponding subpage
of the respective website from the TeamSpeak Websites. In addition, the information stated in
Subclause 6 of this privacy statement will be transmitted to the plug-in provider. According to the
own information of the plug-in provider in the case of Facebook only an anonymised IP address
will be collected and transmitted in Germany.
14.5.1 The data collection and transmission described in Subclause 10.5 of this privacy
statement is carried out irrespective of whether you have a user account at the respective plug-
in provider or not. If you have a user account at the respective plug-in provider and you are
logged into this user account at the time, at which you click on the respective plug-in the data
transmitted to the respective plug-in provider will be directly allocated to your user account. If
you confirm the activated plug-in and e.g. link the page, the plug-in provider will also store
this information in your user account and can also notify your contacts to the public. In order
to prevent the allocation to your user account at the respective plug-in provider you should
log-out from your user account at the respective plug-in provider before clicking the plug-in
on the TeamSpeak Websites.
14.5.2 The respective plug-in provider stores the data transmitted to it, irrespective of whether
you are also logged-in to your user account at the respective plug-in provider as a rule as user
profiles, which are used for the following purposes:
• Advertising suitable for the needs
• Market research
• Optimisation of the websites of the plug-in provider suitable for the needs
• Information of other members of the social network about your activities on the TeamSpeak Websites
14.5.3 You are entitled to object to the formation of user profiles with the data collected about
you. For this purpose, please contact the respective plug-in provider. TeamSpeak has no
influence on the compliance with your objection and is not responsible for this either.
14.6 You can find further relevant information and regarding your rights in this respect in the
privacy statements of the plug-in providers as the responsible bodies, which you can call as
follows:
14.6.1 Facebook Inc., 1601 S California Ave, Palo Alto, California 94304 USA –
https://www.facebook.com/policy.php
14.6.2 Google+: Google Inc., 1600 Amphitheatre Parkway, Mountainview, California 94103
USA – https://www.google.com/policies/privacy/partners/?hl=de
14.6.3 Twitter: Twitter, Inc. 1355 Market St., Suite 900, San Francisco, California 94103 USA
– https://twitter.com/privacy?lang=de
14.6.4 YouTube: YouTube, LLC (Google Inc.), 901 Cherry Ave., San Bruno, CA 94066 USA
– https://www.google.de/intl/de/policies/privacy/
.
15. Forwarding of data to third parties
15.1 TeamSpeak can forward your personal data to third parties if contractually agreed services
and conditions are offered together with the third party provider or include its services. In this case
TeamSpeak will inform you about the transmission of the data to the third party within the
framework of the order process.
15.2 TeamSpeak will also carry out the data processing through external service providers.
15.2.1 These external services providers are carefully selected by TeamSpeak and
commissioned in writing. The external service providers involved for the data processing are
bound to the instructions of TeamSpeak and are regularly checked regarding the compliance
with the data protection and the data security.
15.2.2 The external service providers are not entitled to forward the data to third parties.
15.3 TeamSpeak only processes your personal data when allowed to do so by law. Most
commonly, we will process your personal data:
• With your consent and please note that you have the right to withdraw your consent at any
time by contacting us.
• Where TeamSpeak needs to perform a contract we are about to enter into, or have entered
into, with you.
• Where it is necessary for TeamSpeak’s legitimate interests (or those of a third party) and your
interests and fundamental rights do not override those interests.
• Where TeamSpeak need to comply with a legal or regulatory obligation.
The below table sets out how TeamSpeak processes your personal data. Please contact TeamSpeak
if you would like further information about the specific basis for processing.
The following is a breakdown by activity of each way TeamSpeak uses your data
Activity
To process and deliver a product or service that you have ordered from TeamSpeak, including:
• online orders or orders at one of our sites
• when we issue a refund
• to manage the payment, fees and charges
• to collect and recover money owed to us
• any other contractual arrangement that we agree to enter into with you
Personal Data
• Identity Data
• Contact Data
• Financial Data
• Transaction Data
Basis for Processing
• Performance of a contract with you
• Necessary for TeamSpeak’s legitimate interests, being to recover debts due to TeamSpeak.
Activity
To process your registration with TeamSpeak including:
• to receive news, offers, promotions and updates
• to receive a voucher
• to make full use of our apps including myTeamSpeak
• when you otherwise register as one of our customers
Personal Data
• Identity Data
• Contact Data
• Profile Data
Basis for Processing
• Performance of a contract with you
Activity
To tailor direct marketing to you and to send you direct marketing communications including via:
• Email
• SMS
• Push Notifications
Personal Data
• Identity Data
• Contact Data
• Technical Data
• Transaction Data
• Usage Data
• Profile Data
• Marketing and Communications Data
Basis for Processing
• In terms of tailoring direct marketing, necessary for TeamSpeak’s legitimate interests, being to
develop its business and inform its marketing strategy
• In terms of sending direct marketing where you are a customer and have not previously opted
out of receiving such direct marketing, as necessary for TeamSpeak’s legitimate interests,
being to offer you relevant products and services related to what we have previously provided
to you
• In terms of sending direct marking where you are not one of TeamSpeak’s customers, with
your consent given when you sign up to our mobile app, website or otherwise give your
details and provide consent when doing so
Activity
To enable you to take part in prize draws, competitions or surveys.
Personal Data
• Identity Data
• Contact Data
• Usage Data
• Profile Data
• Marketing and Communications Data
Basis for Processing
• Performance of a contract with you
• Necessary for TeamSpeak’s legitimate interests, being to study how customers use our
products and services, to develop them and grow our business
Activity
To understand TeamSpeak’s customers, matching common information from various sources to
build a profile of you; this may include:
• understanding your habits, where you are from time to time, your personal circumstances and
those of your family or household, and the things you may like, dislike and be interested in
• the ways you interact with us, such as subscribing to news, offers, promotions and updates,
completing surveys, entering competitions, mobile apps, browsing website pages, interacting -
e.g. by likes and comments - with our social media accounts and reviewing our products and
services in public forums
• creating Aggregated Data
Personal Data
• Identity Data
• Contact Data
• Technical Data
• Transaction Data
• Usage Data
• Profile Data
• Marketing and Communications Data
Basis for Processing
• Necessary for TeamSpeak’s legitimate interests, being to develop our business, products,
services, content and advertising campaigns to make these relevant for you, and tracking the
effectiveness of our advertising campaigns
Activity
To manage TeamSpeak’s relationship with you, which includes:
• to notify you about changes to our privacy policy
• to communicate with you about operational changes to TeamSpeak products, services,
websites and mobile apps, for example if TeamSpeak were to withdraw one of its apps
• to gather feedback from you about TeamSpeak brands, websites, mobile apps and other
services and activities from time to time
• to respond to, deal with and address any questions, suggestions, issues or complaints you have
raised and reporting and analysis in respect of these
• to respond to any social media reviews, posts or other public comments you make about
TeamSpeak, its brands, websites, mobile apps, services or other activities
Personal Data
• Identity Data
• Contact Data
• Profile Data
• Marketing and Communications Data
• Sensitive Data (only as required for dealing with feedback and complaints about specific
issues)
• Children’s Data (only as required for dealing with feedback and complaints for specific
issues)
Basis for Processing
• Performance of a contract with you
• Necessary to comply with a legal obligation
• Necessary for TeamSpeak’s legitimate interests (to keep records updated and to study how
customers use products/services)
Activity
To administer and protect TeamSpeak’s business and website and offer safe and secure use of
products and services, which includes:
• the process of anonymising your information so that you are no longer identifiable to us,
where we no longer need your data in an identifiable form
• to provide safe access to TeamSpeak websites, mobile apps and Wi-Fi networks
• to power user security measures and services, such as recognition of your usernames and
passwords, as well as reset functions
• to monitor security measures around TeamSpeak websites, mobile apps and Wi-Fi networks to
check they are not being abused or threatened
• to protect you and our business against potential criminal behaviour, such as fraud
• to administer troubleshooting, data analysis, testing, system maintenance, support, reporting
and hosting of data
Personal Data
• Identity Data
• Contact Data
• Technical Data
• Usage Data
• Profile Data
• Marketing and Communications Data
Basis for Processing
• Performance of a contract with you
• Necessary for TeamSpeak’s legitimate interests, being to run its business, ensure network
security and prevent potential criminal behaviour
• Necessary to comply with a legal obligation
Activity
To provide information to legal and regulatory bodies where TeamSpeak is under a legal or
regulatory obligation to do so.
Personal Data
• Identity Data
• Contact Data
• Technical Data
• Transaction Data
• Usage Data
• Profile Data
• Marketing and Communications Data
• Sensitive Data
• Children’s Data
Basis for Processing
• Necessary to comply with a legal obligation
15.4 How TeamSpeak shares your personal data
TeamSpeak cannot run its business or provide many of the services and benefits you expect to
receive without involving other people and businesses. TeamSpeak only shares your information
in accordance with the laws applicable to us and for the purposes set out herewith.
TeamSpeak, from time to time, process personal data about you in an automated way to evaluate
certain personal aspects about you, including to enable us to analyse and make predictions about
your interests and how you are likely to interact with TeamSpeak. This is commonly referred to as
profiling and it is TeamSpeak’s way of providing you with a more bespoke customer experience
based on how we think you engage with TeamSpeak.
The personal data about you that we process for profiling purposes includes your Identity Data,
your Contact Data and your Profile Data. We do not process personal data about you for profiling
purposes that consists of Special Category Personal Data. We process your personal data for
profiling purposes for our legitimate interests as set out below. If you would like to learn more
about exactly the kind of profiling we do and what profiling means to you please contact us and
we will be happy to give a detailed response. You also have the right to object to us processing
your personal data for profiling; to learn more about your right to object.
TeamSpeak shares your personal data with:
• All TeamSpeak companies including new companies, brands or outlets we might acquire in
the future (acting as controllers or processors) and who provide IT, HR, system administration
services and for whom you may have agreed can provide you with marketing
communications.
• Service providers (mainly acting as processors, but sometimes as controllers) who help
TeamSpeak provide our websites, mobile apps, Wi-Fi networks and related services to you;
for example, information technology companies who design and host TeamSpeak websites,
payment services companies who enable you to use credit or payment cards with TeamSpeak,
and data insight specialists.
• Affiliated third parties (acting as processors and controllers) that provide services to
TeamSpeak such as market research, voucher supply and redemption, marketing insight
services and data analytics services.
• Rewards companies (acting as controllers) which you have signed up to, in order for you to
receive the rewards and benefits they offer.
• Any new business partners (acting as controllers or processors) TeamSpeak may have over
time; for example if TeamSpeak enter into a joint venture, reorganisation, business merger or
sale of part of our business, the other party may receive some or all of your information.
• Our professional advisors (acting as controllers or processors); for example, our lawyers,
insurers and insurance brokers, when they need it to provide advice to u TeamSpeak or help
TeamSpeak obtain insurance.
• The Police, the Health and Safety Executive, local authorities, the relevant tax authorities in
your country), the Courts and any other central or local government bodies (acting as
controllers or processors) where TeamSpeak is required to do so to comply with its legal
obligations, or where they request it and TeamSpeak may lawfully disclose it, for example for
the prevention and detection of crime or to report serious health and safety incidents.
• TeamSpeak also may share the information we collect with other third parties where
TeamSpeak is legally obliged to do so; for example, to comply with a court order.
.
16. Webtracking
16.1 TeamSpeak uses Google Analytics on the TeamSpeak Websites. Google Analytics is a web
analysis service of Google Inc., 1600 Amphitheatre Parkway, Mountainview, California 94103
USA (hereinafter referred to as "Google"). Google Analytics uses cookies, which are stored on
your computer and enable an analysis of your user behaviour. The information generated by the
cookie is stored by Google also overseas, in particular on a server of Google in the United States
of America.
16.2 The TeamSpeak Websites use Google Analytics with the extension "_anonymizeIP ()", i.e.
the anonymization function of Google Analytics. This leads to the fact that your IP address will be
abbreviated before transmission to the United States of America, as a rule by Google in a state in
the European Economic Area.
16.3 The IP address transmitted by your browser within the framework of the use of Google
Analytics will not be converged with other data, which Google collected about you.
16.4 You can exclude the storage of the cookies used by Google Analytics by excluding the use of
cookies in your browser settings. In this case you can however not use further functions of the
TeamSpeak Websites either.
16.5 You also have the possibility to exclude the entry and processing of your personal data by
Google by installing the browser plug-in that is available under the following link:
http://tools.google.com/dlpage/gaoptout?hl=de
16.6 The use of Google Analytics is carried out in line with the pre-requisites which the German
data protection authorities have agreed with Google.
16.7 You can view an overview of the data protection provisions of Google Analytics under this
link:
https://support.google.com/analytics/answer/6004245?hl=de
.
17. Data security
17.1 TeamSpeak takes current technical measures in order to guarantee the data security and thus
in particular for the protection of your personal data against dangers with the data transmission
and the gaining of knowledge by third parties. These measures are adjusted regularly by
TeamSpeak to the state-of-the-at technology.
17.2 TeamSpeak will provide you information at all times regarding the data security in the
company. Please send your enquiry to privacy@teamspeak.com or to the data referred to in the
imprint of the TeamSpeak Websites.
.
.
General Business Terms and customer information
TeamSpeak Systems GmbH
.
I. General Business Terms
.
1. Scope
1.1. These General Business Terms (hereinafter referred to as "General Business Terms" –
German abbreviation – AGB]) shall apply to all contracts between TeamSpeak Systems GmbH,
Soiernstr. 1, 82494 Krün, entered in the register of companies of Munich County Court under the
register number HRB 172523 (hereinafter referred to as "TeamSpeak") and the customer
concerning the services offered via the websites of TeamSpeak which can be called under the
domains teamspeak.com, teamspeakusa.com and myteamspeak.com (hereinafter the first and the
second one referred to as "Teamspeak.com" and the last one referred to as "Myteamspeak.com";
all of them jointly referred to as "TeamSpeak Websites").
1.2. These General Business Terms shall also apply to all future services or offers to the customer,
even if they are not agreed separately once again.
1.3. Deviating, additional General Business Terms of the customer or which contradict these
General Business Terms will not be accepted by TeamSpeak so that these will not be included in
the contract. This shall not apply if TeamSpeak has approved the inclusion of the customer’s
General Business Terms.
.
2. Capacity as an entrepreneur
2.1. All offers of TeamSpeak against payment are exclusively directed at entrepreneurs within the
meaning of Section 14 BGB [German Civil Code], which order and use the services of
TeamSpeak within the framework of their independent, professional or commercial activity
2.2. TeamSpeak will check the customer’s capacity as an entrepreneur before conclusion of the
contract concerning services against payment.
2.3. An entrepreneur is each natural person or legal entity or a partnership with legal capacity,
which acts while performing its commercial or independent professional activity upon conclusion
of a legal transaction, here thus the conclusion of the contract with TeamSpeak.
2.4. A consumer is each natural person, who concludes a legal transaction, here thus the
conclusion of a contract with TeamSpeak, for purposes, which can mainly neither be attributed to
their commercial, nor their independent professional activity.
2.5. Non-commercial grouping within the meaning of these General Business Terms is each
grouping of consumers or each legal entity, whose business activity does not serve to generate
profits, in particular legal entities, which pursue a non-profit-making corporate purpose.
.
3. Scope of contract
3.1. TeamSpeak is the provider of the software solutions "TeamSpeak 3" and "TeamSpeak 3
Software Development Kit" (hereinafter referred to as "software solutions"), which enable the
customer to communicate with third parties by speech or text as well as to exchange files.
3.1.1 The software solution "TeamSpeak 3" enables the customer to communicate with third
parties by sharing its TeamSpeak-Server address with said third parties. The number of third
parties, to which the communication channels can be made available, depends on the licensing
by the customer
3.1.2 The software solution "TeamSpeak 3 SDK" represents a solution for the integration of
the technical solution for the voice transmission and other functions such as Filetransfer, chat
function, etc. in own software solutions of the customer.
3.2. The software solutions are offered through the following licence models:
3.2.1 "Unlicensed": Under the licence model "Unlicensed" the software solutions "TeamSpeak
3" and its previous version "TeamSpeak 2" can be used free of charge. The use of the software
solution "Teamspeak 2" is limited to the use of a maximum of two virtual servers with up to
1000 slots, the use of the software solution "TeamSpeak 3" to a virtual server with up to 32
slots. The use is carried out unlimited from the point of view of time. No feedback is given by
the virtual server to TeamSpeak. The licence model "Unlicensed" is exclusively available to
non-commercial groupings and consumers.
3.2.2 "Non-Profit" (hereinafter referred to as "NPL"): Under the licence model "NPL" the
software solution "TeamSpeak 3" can be used free of charge. The use is limited here to two
virtual servers with up to 512 slots. The duration of the licence is 6 months. A sub-licensing of
slots and virtual servers to third parties is not permitted. The licence model "NPL" is
exclusively available to non-commercial groupings and consumers.
3.2.3 Annual Activation/ Single Server" (hereinafter referred to as "AAL"): Under the licence
model "AAL" the software solution "TeamSpeak 3" can be used against payment. The use is
carried out, depending on the licensing chosen by the customer, between a virtual server with
up to 32 slots up to 2 virtual servers with up to 1024 slots. The duration of the licence is one
year. A sub-licensing of sots and virtual servers to third parties is not permitted.
3.2.4 "Authorized TeamSpeak Hosting Provider" (hereinafter referred to as "ATHP"): Under
the licence model "ATHP" the software solution "TeamSpeak 3" can be used against payment
to an unlimited extent and virtual servers and slots can be sublicensed to third parties. The
duration of the licence is one year.
3.2.5 Software Development Kit (hereinafter referred to as "SDK"): Under the licence model
"SDK" the software solution "TeamSpeak 3 SDK" can be used against payment for the
purpose of integration into own software solutions of the user. The conditions of the licence
model "SDK" shall be individually adjusted to the needs of the user and agreed.
3.3. TeamSpeak also mediates server places through Teamspeak.com, which are offered by third
party providers.
3.4. TeamSpeak provides to the customer via Teamspeak.com the TeamSpeak Software Client
(herein after referred to as “Client”). The client is provided for the operating systems Windows,
Linux and macOS as well as for mobile devices (iOs or Android).
3.5. TeamSpeak operates a forum via Teamspeak.com that enables the customer to publish
contributions regarding the services of TeamSpeak, in particular questions, suggestions and
assessments on Teamspeak.com in the "Community" zone.
3.6. The customers additionally have the possibility to upload own software programmes onto the
TeamSpeak websites, which are compatible with the software solutions of TeamSpeak (hereinafter
referred to as "Add-ons") and to offer these to third parties for downloading as well as to
download the Add-ons offered by third parties via Teamspeak.com.
.
.
A. Conclusion of Contract
.
4. Conclusion of the contract with the acquisition of licences for the software
4.1. A contract will be concluded with TeamSpeak concerning the software solutions of these
General Business Terms as described below:
4.1.1 "Unlicensed": The contract concerning the free use of the licence model "Unlicensed"
shall be concluded by the downloading of the respective software solution by the customer and
the fact that the software solution is made available by TeamSpeak.
4.1.1.1 For this purpose, the customer will press the button on TeamSpeak.com with
the inscription "Licensing Overview" and subsequently the button displayed under the
description of the licence model "Unlicensed" with the inscription "Download".
4.1.1.2 The customer has the possibility to download and use the software solution
without registering or otherwise having to send data to TeamSpeak.
4.1.1.3 A binding contract will be concluded between TeamSpeak and the customer
concerning the use of the software solution in the licence model "Unlicensed" when
the software solution is downloaded.
4.1.2 "NPL": The contract concerning the free use of the licence model "NPL" shall be
concluded as follows:
4.1.2.1 The customer will press the button with the inscription "Licensing Overview"
and subsequently the button displayed under the description of the licence model
"NPL" with the inscription "Register" on TeamSpeak.com.
4.1.2.2 The customer will press the button on the displayed overview with the
inscription "Continue to NPL Application." and confirm the existence of the pre-
requisites of a non-commercial grouping or the capacity as a consumer by pressing the
button with the inscription "Continue". It will additionally confirm the licence
conditions and these General Business Terms by pressing the button with the
inscription "I agree".
4.1.2.3 By pressing the "Submit" button the customer will send an offer for the
conclusion of the contract concerning the licence model "NPL" to TeamSpeak. Before
pressing the button with the inscription "Submit" the customer has the possibility to
delete or correct its input or to also interrupt the process by pressing the "Back" button
of its browser at all times.
4.1.2.4 The customer will receive a confirmation e-mail from TeamSpeak to the e-mail
address entered during the registration process, which confirms the receipt of the
customer’s offer by TeamSpeak. A contract will not be concluded with the receipt of
this confirmation e-mail by the customer.
4.1.2.5 TeamSpeak shall accept the offer of the customer by making the software
solution available for downloading. A binding contract concerning the use of the
software solution in the licence model "NPL" is hereby concluded between
TeamSpeak and the customer.
4.1.2.6 The customer will receive a confirmation e-mail from TeamSpeak to the e-mail
address entered during the registration process, in which the essential contents of the
concluded contract are summarised. The General Business Terms will also be sent to
the customer with this confirmation e-mail.
4.1.3 "AAL": The contract concerning the use of the licence model "AAL" against payment
will be conclude as follows:
4.1.3.1 The customer registers for a customer account for TeamSpeak.com: The
customer presses the button with the inscription "Sales" and subsequently the button
with the inscription "Continue to register for an account." It will complete the
displayed registration form and send this by pressing the button with the inscription
"Register".
4.1.3.2 The customer will receive an overview of the data entered by it and will be
given the possibility to correct or delete these after pressing the button with the
inscription "Modify" or to also discontinue the registration process by closing the
browser window or pressing the "Back" button of the browser.
4.1.3.3 When pressing the button with the inscription "Confirm" the customer submits
a binding offer for the conclusion of a contract concerning the opening of its customer
account
4.1.3.4 TeamSpeak shall send a confirmation e-mail to the customer with a
confirmation link and a password.
4.1.3.5 TeamSpeak will display the licence models offered to the customer in the
customer area of its customer account. With this display TeamSpeak submits a binding
offer for the conclusion of a contract with the customer concerning the displayed
licence models.
4.1.3.6 The customer will select the licence "TeamSpeak 3 Annual Activation
License" requested by it in its customer account and press the button with the
inscription ”Add”. By pressing the button ”Add” the customer accepts the offer of
TeamSpeak for the conclusion of the contract and a binding contract will be concluded
regarding the use of the software solution in the licence model "AAL".
4.1.3.7 The customer will receive a confirmation e-mail from TeamSpeak to the e-mail
address entered during the registration process, in which the essential contents of the
concluded contract are summarised.
4.1.4 "ATHP": The contract concerning the use of the licence model "ATHP" against payment
shall be concluded as follows:
4.1.4.1 The customer will register for a customer account for TeamSpeak.com. The
steps of the registration are oriented to Subclauses 4.1.3.1 to 4.1.3.4 of these General
Business Terms.
4.1.4.2 The customer will select the licence "TeamSpeak 3 ATHP Application"
requested by it in its customer account and press the button with the inscription ”Add”.
An invoice for the USD application fee will be generated. Once the customer has
paid the application fee, TeamSpeak will send an e-mail to the customer with
instructions to complete the application process (as described below).
4.1.4.3 The customer sends to TeamSpeak the completed application form, the signed
licence agreement, a copy of the personal identity card or passport of a person, who is
entitled to representation as well as the application for trade registration or a business
licence or any other document which identifies the customer as an entrepreneur within
the meaning of clause 2.3 of this General Business Terms. The documents will be sent
to TeamSpeak by e-mail to the e-mail address athps@teamspeak.com or by fax to the
fax number +1-619-600-0676. With the sending of the aforementioned documents the
customer submits a binding offer for the conclusion of a contract.
4.1.4.4 TeamSpeak will send a confirmation e-mail to the customer to the e-mail
address deposited in the customer account, which confirms the receipt of the
customer’s offer. A contract will not be concluded with the receipt of this
confirmation e-mail.
4.1.4.5 TeamSpeak will accept the offer of the customer by making the software
solution available for downloading in the customer area of the customer account. A
binding contract will be concluded between the customer and TeamSpeak concerning
the use of the software solution in the licence model "ATHP" when the software
solution is made available.
4.1.4.6 The customer will receive a confirmation e-mail from TeamSpeak to the e-mail
address entered within the framework of the registration, in which the essential
contents of the concluded contract are summarised.
4.1.5 "Software Development Kit" (hereinafter referred to as "SDK"): The contract concerning
the use of the licence model "SDK" against payment shall be concluded by the individual
contract concluded with the customer.
4.1.5.1 The customer will contact TeamSpeak by e-mail at the e-mail address
ts3sdk@teampeak.com or bizdev@teamspeak.com or by telephone under the number
+1-619-312-6255.
4.1.5.2 TeamSpeak will send an offer to the customer concerning the services
requested by the customer in a text form to the e-mail address entered by the customer.
With this e-mail TeamSpeak submits a binding offer for the conclusion of a contract at
the conditions described in the e-mail.
4.1.5.3 A binding contract concerning the use of the licence model "SDK" will be
concluded through the acceptance of the offer of TeamSpeak by the customer in a text
form.
.
5. Conclusion of contract concerning the mediation of server places
5.1. The customer will be forwarded to the Internet presence of the third party provider via
Teamspeak.com.
5.2. A contract will be exclusively concluded between the customer and the respective third party
in the event of the mediation of server places offered by a third party.
.
6. Conclusion of contract concerning the licensing of the client
6.1. A contract concerning the licensing of the client will be concluded as follows:
6.1.1 The customer will press the button with the inscription “Download” on Teamspeak.com.
The customer will be directed to a sub-domain which shows all available versions of the Client
(Windows, Linux and macOS as well as the versions for mobile devices).
6.1.2 The customer will select the version which fits to his needs and will press the button
with the inscription “Download” which is displayed next to the version he has chosen.
6.1.3 If the customer choses the versions Windows, Linux or macOS, by pressing the button
“Download” the customer submits a binding offer for the conclusion of the contract. A binding
contract is concluded if and when the client is successfully downloaded.
6.1.4 If the customer choses a version for mobile devices, the customer will be directed to the
internet-shop “Apple AppStore” (iOS) or “Android Market” (Android). The customer gets the
possibility to download the client within the terms and conditions of the provider of the
respective shop. The customer should inform himself about these terms and conditions in the
shop of the third-party provider.
.
7. Conclusion of contract concerning the upload and download of Add-ons
7.1. TeamSpeak only makes the platform available for the purpose of uploading and downloading
Add-ons. The contract concerning the use of the respective Add-On shall be exclusively concluded
between the customer, which uploads the Add-On and the customer, which downloads the Add-
On.
7.2. In order to upload Add-ons the customer must register for a customer account as a Developer
(hereinafter referred to as "Developer Account").
7.3. For this purpose, the customer will press the button with the inscription "MyTeamSpeak" and
on the subsequently displayed subpage the button with the inscription "Register".
7.4. The customer will complete the displayed registration form with details of an e-mail address
and a password and press the button with the inscription "Register".
7.5. TeamSpeak will send a confirmation e-mail to the customer with a confirmation link.
7.6. The customer will press the confirmation link contained in the e-mail and will be kept in its
customer account under the menu item "Dashboard".
7.7. The customer will press the button in its customer account with the inscription "Become a
developer". By entering its name and mobile phone number the customer completes a registration
form and presses the button with the inscription "Send confirmation code".
7.8. TeamSpeak will send a confirmation code to the mobile phone number entered by the
customer with a limited period of validity.
7.9. The customer will enter the confirmation code in the form field envisaged for this purpose and
press the button with the inscription "Confirm".
7.10. In order to download Add-ons the customer does not have to register for a customer account.
The downloading is made possible free of charge on the subpage "MyTeamSpeak" and without
registration.
.
8. Conclusion of a contract with the use of the forum
8.1. The customer shall press the button with the inscription "Forum" and subsequently the button
with the inscription "Register".
8.2. The customer will complete the registration form displayed after pressing the "Register"
button.
8.3. After completing the registration form the customer will press the button with the inscription
"Complete Registration". It can correct its data at all times until the "Complete Registration"
button is pressed or discontinue the registration by closing its browser window or pressing the
"Back" button of its browser.
8.4. The customer will receive a confirmation of receipt from TeamSpeak, which contains a
confirmation link. This confirmation of receipt does not represent an offer for the conclusion of a
contract by TeamSpeak, but merely serves to verify the customer’s data.
8.5. The customer can press the confirmation link and then log-in to its customer account. When
pressing the confirmation link the customer submits a binding offer concerning the free use of the
forum.
8.6. With the provision of the customer account TeamSpeak accepts the offer of the customer so
that a binding contract is concluded.
.
.
B. Special terms for the aforementioned contracts
.
9. Licence fees for the software solutions
9.1. Licence fees within the framework of the licence model "ATHP":
9.1.1 A flat rate basic fee as well as use-based regular licence fees are to be paid for the use of
the software solution in the licence model "ATHP".
9.1.2 The basic fee is a flat rate of 50 U.S. Dollars and will be due and payable one time upon
conclusion of the contract.
9.1.3 The amount of the recurring licence fees for the granting of the licence in the licence
model "ATHP" will be determined based on the actual use of the number of slots per calendar
day. For this purpose the number of used slots by the virtual server will be transmitted daily to
a server operated by TeamSpeak. The customer obligates towards TeamSpeak not to take any
measures, which are suitable for preventing this transmission or for changing the transmission
result. The regular licence fees will be due and payable ten workdays after receipt of the
invoice by the customer.
9.1.4 A minimum licence fee shall be deemed as agreed between the customer and
TeamSpeak. For the first year in which the licence is used this is the licence fee for a use of
200 used slots and for each further year in which the licence is used the licence fee for a use of
1000 used slots. If the minimum licence fee is not achieved the customer, nevertheless, has to
pay licence fees in the amount of the minimum licence fee.
9.2. Subject to Subclause 9.1 of these General Business Terms or a deviating agreement between
the customer and TeamSpeak the licence fees stated in the service specifications for the respective
licence model shall be deemed as agreed.
9.3. TeamSpeak is entitled to change the licence fees within the framework of a further
development of the software solutions or due to the adjustment to the market situation.
9.4. In the event of a price adjustment a list with the changed prices will be sent to the customer in
a text form.
9.5. The customer has the possibility to terminate the licence agreement extraordinarily without
notice within a deadline of four weeks beginning with the receipt of the notification described in
Subclause 9.4 of these General Business Terms.
9.6. The customer has the possibility to object to the price adjustment within a deadline of four
weeks beginning with the receipt of the notification described in Subclause 9.4 of these General
Business Terms. In the event of an objection of the customer TeamSpeak is entitled to terminate
the contract extraordinarily within a deadline of four weeks beginning with the receipt of the
objection by TeamSpeak.
.
10. Price details and terms of payment concerning the licensing of the software solutions
10.1. All prices or price details stated by TeamSpeak shall always concern, even if an explicit
currency detail is missing, US Dollar, insofar as not agreed otherwise between the parties.
10.2. All prices or price details shall be deemed plus the respective applicable value added tax as
well as public duties, which possibly continue to be due.
10.3. Only the payment possibilities displayed under the menu item "Pay" are open to the
customer with orders via Teamspeak.com, whereby TeamSpeak explicitly reserves the right to
refuse a payment method selected by the customer in the contractual offer.
10.4. In case of orders by telephone or orders sent by e-mail, fax or post the payment by bank
transfer is agreed as payment in advance subject to a deviating agreement, whereby the
remuneration of TeamSpeak will be due and payable upon conclusion of the contract, i.e. that the
customer is obliged to pay the remuneration in advance.
10.5. In the event of the agreement of a payment by invoice the payment will be due and payable
within fourteen days from the time when the invoice is received by the customer.
10.6. TeamSpeak is entitled to only carry out or provide still outstanding services against advance
payment or provision of security if it becomes aware of circumstances after conclusion of the
contract, which are suitable for substantially reducing the creditworthiness of the customer and
through which the payment of the outstanding receivables of TeamSpeak by the customer from the
respective contractual relationship (including from other individual orders) is jeopardised.
.
11. Termination of the contracts concerning the licensing of the software solutions
11.1. The contracts have the contractual term stated in the service specifications (hereinafter
referred to as "minimum contractual term"), i.e.
11.1.1 The contract concerning the licence model "Unlicensed" has no fixed contractual term.
The licence model can be used by the customer at all times as long as TeamSpeak offers this
licence model.
11.1.2 The contract concerning the licence model "NPL" has a minimum contractual term of
six months.
11.1.3 The contract concerning the licence model "AAL" has a minimum contractual term of
twelve months.
11.1.4 The contract concerning the licence model "ATHP" has a minimum contractual term of
twelve months.
11.1.5 The contract concerning the licence model "SDK" has the individually agreed
minimum contractual term.
11.2. The licence agreement can be terminated by the customer at all times as of the end of the
minimum contract term without adhering to a period of notice. TeamSpeak can terminate the
licence agreement at all times by adhering to a period of notice in the amount of half the period of
the minimum contractual term as of the end of the minimum contractual term.
11.3. The contract will be extended automatically by the minimum contractual term if none of the
parties terminates the contract as of the end of the minimum contractual term. With the licence
model "NPL" the contract will only be extended automatically if the customer has used the
software solution within a period of one month before termination of the minimum contractual
term; otherwise the contract will end automatically with the termination of the minimum
contractual term.
11.4. The right of both parties to the extraordinary termination shall remain unaffected.
11.5. An extraordinary right of termination for TeamSpeak shall in particular exist,
11.5.1 if the customer is in default with two consecutive invoices regarding the licence
payment.
11.5.2 if the customer repeatedly falls short of the minimum licence fee with a contract
concerning the licence model "ATHP".
11.5.3 if, despite a warning, the customer repeatedly breaches its obligations from the licence
agreement, including these General Business Terms, and the breaches are not insignificant.
11.5.4 if the customer, despite a warning by TeamSpeak, repeatedly breaches its main
obligation under this contract and is responsible for the breach.
11.5.5 if the customer has selected the licence models "Unlicensed" or "NPL" without having
the capacity as a consumer or non-commercial grouping or this capacity has subsequently
ceased to exist. In this case the right is reserved to assert damages.
11.6. Each termination requires a text form.
.
12. Obligations of the customer concerning the use of the client
12.1. The customer has the obligation and responsibility to make use of data backups at sufficient
intervals. TeamSpeak assumes no responsibility for any loss of data resulting from a breach of this
obligation. This does not apply if TeamSpeak is responsible for the breach.
12.2. The customer shall make use of virus protection following the latest technical standards.
12.3. Standard software upgrades are free of charge, if and when they become available. The
customer has the responsibility to install client upgrades promptly after publication. Otherwise the
usability of the client may be restricted.
.
13. Termination of the contracts concerning the client
13.1. The customer is entitled to terminate this agreement at any time by removal of the client
from all devices.
13.2. The mutual right for premature extraordinary termination (also without previous notice)
remains unaffected
13.3. Any termination requires the immediate removal of the client.
.
14. Publication of contributions in the forum
14.1. The registered customer has the possibility to publish contributions via the customer area of
its customer account in the "Forum" zone on Teamspeak.com.
14.2. For the purpose of publishing a new contribution the customer will upload the contribution
by pressing the "Post New Thread" button . When replying to the contribution of another customer
the customer will press the button with the inscription "Reply To Thread" in order to publish its
reply contribution. The contribution will be transmitted to TeamSpeak hereby and published by
TeamSpeak on Teamspeak.com.
14.3. TeamSpeak does not check the contributions before publication. In the event of a reference
to the unlawful nature of a contribution TeamSpeak explicitly reserves the right to delete
individual contributions.
14.4. The customer undertakes towards TeamSpeak not to publish any contributions, which violate
the laws of the Federal Republic of Germany or infringe the rights of third parties.
14.5. The customer shall indemnify TeamSpeak from all rights of third parties, which these assert
against TeamSpeak owing to the publication of contributions on Teamspeak.com by the customer.
Subject to the approval of the customer TeamSpeak will not submit any acknowledgements or
other legally relevant declarations, which substantiate the asserted claims of the third party.
14.6. The indemnification obligation described in Subclause 14.5 of these General Business Terms
shall cease to apply if the circumstances which substantiate the claims of the third party are
verifiably due to a grossly negligent or wilful misconduct of TeamSpeak.
14.7. TeamSpeak undertakes to inform the customer immediately of the filing of actions against it
or the assertion of claims and to give it the possibility to take over the legal defence.
.
15. Termination of the user account for the forum
15.1. The customer has the possibility to have its customer account deleted by TeamSpeak at all
times. For this purpose the customer will send the deletion request to TeamSpeak in a text form. A
termination is also possible towards a moderator of the forum in a text form. TeamSpeak will
delete the customer’s forum account immediately after receipt of the termination. Contributions
published by the customer can be deleted or anonymised at the discretion of TeamSpeak. The
contract concerning the use of the customer account will end with the deletion.
15.2. TeamSpeak is entitled to terminate the contract concerning the use of the customer account
at all times by adhering to a period of notice of three months to the end of the quarter of a calendar
year.
15.3. The right to the extraordinary termination of both parties shall remain unaffected. A right to
the extraordinary termination shall in particular exist if the customer, despite a warning, repeatedly
breaches its obligations from Subclause 14.4 of these General Business Terms and the breach is
not insignificant.
15.4. Each termination shall require a text form.
.
16. Publication of Add-ons
16.1. If the customer is registered as a Developer it has the possibility to upload Add-ons and
therefore offer these to third parties for download free of charge
16.2. In order to upload Add-Ons the customer will press the button with the inscription "Upload
Add-ons" in the customer area of its customer account.
The customer will transmit the Add-ons uploaded to it by pressing the button with the inscription
"Add Addon" to TeamSpeak.
16.3. TeamSpeak publishes the Add-ons on "MyTeamspeak".
16.4. TeamSpeak does not check the uploaded Add-ons before publication. In the event of a
reference to the unlawful nature of an Add-On TeamSpeak explicitly reserves the right to delete
individual contributions.
16.5. The customer undertakes towards TeamSpeak not to publish any Add-ons, which violate the
laws of the Federal Republic of Germany or infringe the rights of third parties.
16.6. The customer shall indemnify TeamSpeak from all rights of third parties, which these assert
against TeamSpeak owing to the publication of Add-ons on Teamspeak.com by the customer.
Subject to the approval of the customer TeamSpeak will not submit any acknowledgements or
other legally relevant declarations, which substantiate the asserted claims of the third party.
16.7. The indemnification obligation described in Subclause 16.6 of these General Business Terms
shall cease to apply if the circumstances which substantiate the claims of the third party are
verifiably due to a grossly negligent or wilful misconduct of TeamSpeak.
16.8. TeamSpeak undertakes to inform the customer immediately of the filing of actions against it
or the assertion of claims and to give it the possibility to take over the legal defence.
.
17. Termination of the customer account as a Developer
17.1. The customer has the possibility to have its customer account as Developer deleted by
TeamSpeak at all times. For this purpose the customer will send the deletion request to
TeamSpeak in a text form. TeamSpeak will delete the customer’s Developer account immediately
after receipt of the termination. Add-ons published by the customer will also be deleted
immediately. With the deletion the contract will end concerning the use of the Developer account.
17.2. TeamSpeak is entitled to terminate the contract concerning the use of the Developer account
at all times by adhering to a period of notice of three months to the end of the quarter of a calendar
year.
17.3. The right to the extraordinary termination of both parties shall remain unaffected. A right to
the extraordinary termination shall in particular exist if the customer, despite a warning, repeatedly
breaches its obligations from Subclause 16.5 of these General Business Terms and the breach is
not insignificant.
17.4. Each termination shall require a text form.
.
.
C. General terms
.
18. Warranty
18.1. The statutory warranty rights shall apply to consumers.
18.2. The following provisions will apply towards entrepreneurs:
18.2.1 The warranty rights of the customer shall become statute-barred within one year. This
shall not apply to culpably caused damages that can be attributed to TeamSpeak from the
injury to life, the body or the health and damages caused by gross negligence or wilful intent
or fraudulent intent as well as with claims for recourse according to Sections 478, 479 BGB.
18.2.2 A warranty on the part of TeamSpeak is excluded insofar as the defect was suffered due
to circumstances, which TeamSpeak caused at the explicit request of the customer.
18.2.3 The liability for damages, irrespective of fault, for initial defects according to Section
536a Par. 1 BGB is excluded.
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19. Liability
19.1. TeamSpeak shall be liable in all cases of contractual and non-contractual liability in case of
wilful intent and gross negligence according to the statutory provisions.
19.2. In other cases TeamSpeak shall only be liable – insofar as not otherwise regulated in
Subclause 19.3 of these General Business Terms – with a breach of a contractual obligation, the
fulfilment of which makes the proper execution of the contract possible at all and on the
compliance with which the customer may therefore, as a rule, rely upon (so-called cardinal
obligation). The liability of TeamSpeak is excluded in all other cases, subject to the regulation in
Subclause 19.3 of these General Business Terms.
19.3. Insofar as TeamSpeak is fundamentally liable according to Subclause 19.1 of these General
Business Terms, this liability is limited to damages, which TeamSpeak foresaw as a possible
consequence of a breach of contract upon conclusion of the contract or should have foreseen when
applying the customary care and attention. Indirect damages and follow-up damages, which are
the consequence of defects to the service by TeamSpeak, are in addition only capable of
compensation insofar as such damages can typically be expected with the use of the service as
intended.
19.4. The liability of TeamSpeak for damages from the injury to life, the body or the health and
according to the German Product Liability Act shall remain unaffected by the aforementioned
liability limitations and exclusions.
.
20. Offsetting, rights of retention and assignment
20.1. The customer is only entitled to offset against claims against TeamSpeak, which have been
declared final and binding or are undisputed. The same shall apply to the assertion of rights of
retention.
20.2. The assignment of claims against TeamSpeak to third parties is only possible with the
written consent of TeamSpeak. This shall in particular also apply to an assignment of the licence
granted by TeamSpeak to third parties.
.
21. Text form
21.1. Addendums and amendments to the reached agreements between TeamSpeak and the
customer including these General Business Terms shall require a text form in order to be valid.
21.2. With the exception of managing directors or authorized signatories the employees of
TeamSpeak are not entitled to reach oral agreements, which deviate from these regulations.
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22. Applicable law and place of jurisdiction
22.1. German law will apply. With consumers this choice of law will only apply insofar as the
protection granted by mandatory provisions of the law of the state of the consumer’s customary
place of above is not withdrawn hereby (principle of favourability).
22.2. The place of performance for all services from the business relationships existing with
TeamSpeak as well as the place of jurisdiction is the registered seat of TeamSpeak, insofar as the
user is not a consumer, but a merchant, legal entity under public law or special fund under public
law. The same shall apply if the user does not have a general place of jurisdiction in Germany or
the EU or the place of residence or customary place of abode is not known at the time when the
action is filed. The authorization to also bring the matter before the court at another statutory place
of jurisdiction, shall remain unaffected hereby.
22.3. The provisions of the UN Convention on Contracts for the International Sale of Goods will
explicitly not apply.
.
II. Customer information
.
1. Identity of the provider
TeamSpeak Systems GmbH
Soiernstr. 1
82494 Krün
Phone: +49-8825-920-2000
E-mail: info@teamspeak.com
.
2. Information regarding the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the
possibilities for correction are carried out according to clause B. of the General Business Terms
(Part I).
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3. Contractual language, storage of contractual text
The contractual language is German.
The full contractual text is not stored by TeamSpeak. Before sending the respective offer the offer
data can be printed out or stored electronically through the print function of the browser. With the
acceptance of the offer by TeamSpeak the contractual data, the information stipulated by law with
distance selling contracts and the General Business Terms will be sent to the user by e-mail once
again.
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4. Essential features of the goods and services
The essential features of the goods and services can be found in the service specifications and the
supplementary details on Teamspeak.com.
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5. Prices and payment modalities
All prices and payment modalities can be seen during the conclusion of the respective contract as
well as above in the General Business Terms (Part I.).
.
6. Statutory right to liability for defects
The statutory rights to liability for defects shall exist towards consumers.
.
7. Term of contract, termination
You can find information relating to the term of the contract as well as the terms and conditions
for the termination in the respective service specifications as well as in B. of the General Business
Terms.
Files: debian/*
Copyright: 2018-2020 José Ángel Pastrana Padilla <japp0005@red.ujaen.es>
License: GPL-2+
This package is free software; you can redistribute it and/or modify
it under the terms of the GNU General Public License as published by
the Free Software Foundation; either version 2 of the License, or
(at your option) any later version.
.
This package is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
GNU General Public License for more details.
.
You should have received a copy of the GNU General Public License
along with this program. If not, see <https://www.gnu.org/licenses/>
.
On Debian systems, the complete text of the GNU General
Public License version 2 can be found in "/usr/share/common-licenses/GPL-2".