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1109 lines
75 KiB
1109 lines
75 KiB
Format: https://www.debian.org/doc/packaging-manuals/copyright-format/1.0/
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Upstream-Name: ts3client
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Source: https://www.teamspeak.com/downloads
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Files: *
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Copyright: 2004-2020 TeamSpeak Systems GmbH
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License: Proprietary software
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In order to install this software you are required to accept the license
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agreement.
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.
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Privacy statement
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TeamSpeak Systems GmbH
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.
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1. Scope
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1.1 Please find information below concerning the collection, storage and processing of personal
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data when using the websites operated by TeamSpeak Systems GmbH under the domains
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teamspeak.com, teamspeakusa.com and myteamspeak.com (hereinafter the first and the second
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one referred to as "Teamspeak.com" and the last one referred to as "Myteamspeak.com"; all of
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them jointly referred to as "TeamSpeak Websites"), especially but not restricted to the download
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of the software solutions "TeamSpeak 3" and "TeamSpeak 3 Software Development Kit"
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(hereinafter referred to as "software solutions"), download and use of the TeamSpeak Software
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Client (for PC or for mobile devices), participation in the forum as well as the down- and upload
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of own software programmes onto the TeamSpeak websites, which are compatible with the
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software solutions of TeamSpeak (hereinafter referred to as "Add-ons") as well as rent of servers.
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1.2 Personal data are all data, which can refer back to you personally, i.e. could be associated with
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your person. These are in particular name, e-mail address, address, telephone number, user
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behaviour, IP address, etc.
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.
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2. Service provider
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2.1 The service provider according to Section 13 German Telemedia Act and the responsible body
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according to Section 3 Par. 7 Federal Data Protection Act is TeamSpeak Systems GmbH,
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Soiernstr. 1, 82494 Krün, entered in the register of companies of Munich County Court under the
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register number HRB 172523 (hereinafter referred to as "TeamSpeak").
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2.2 The TeamSpeak Websites contain links, by activating which you will be forwarded to the
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websites of third parties. TeamSpeak explicitly points out that in this case you must inform
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yourself on the linked website about the collection, storage and processing of personal data by the
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third party provider, as TeamSpeak has no influence on such a process.
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.
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3. Information
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3.1 You are entitled to request detailed information from TeamSpeak at all times regarding the
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data stored and processed relating to your person as well as their origin, the purpose of the storage
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and processing as well as the recipients or categories of recipients, to whom these data are
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forwarded.
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3.2 Please direct the enquiry for information by e-mail to privacy@teamspeak.com.
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.
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4. Revocation
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4.1 You can revoke your consent to the storage, collection and processing of your personal data at
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all times.
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4.2 Please send your revocation by e-mail to privacy@teamspeak.com or by e-mail, telephone,
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post or fax to the contact details stated in the imprint of the TeamSpeak Websites.
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.
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5. Use of cookies
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5.1 Cookies are stored on your computer when using the TeamSpeak Websites, even if the
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TeamSpeak Websites are used purely for informational purposes.
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5.2 Cookies are small text files, which are stored on your hard disk drive, allocated to the browser
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used by you, are stored and through which certain information is conveyed to the agency, which
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places the cookie. Cookies cannot carry out any programme and, above all, not transmit any
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viruses to your computer either. Cookies serve in particular to design the TeamSpeak Websites
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more user-friendly.
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5.3 If you have a user account for the TeamSpeak Websites , cookies in particular serve to
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identifying you for follow-up visits to the TeamSpeak Websites. This prevents that you must log-
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in once again for each visit.
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5.4 The TeamSpeak Websites use the following types of cookies:
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• Transient cookies, i.e. with temporary use
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• Persistent cookies, i.e. with time-limited use
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• Third party cookies, i.e. cookies of third party providers
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5.5 Transient cookies will be deleted as soon as you close your browser. These shall in particular
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include the so-called session cookies. Session cookies store a session-ID, with which the enquiries
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of your browser can be allocated to the session so that your computer can be recognised again by
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the system when you return to the TeamSpeak Websites. As soon as you log-out or close your
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browser, all session cookies will be deleted automatically.
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5.6 Persistent cookies will only be deleted after a duration that depends on the respective cookie,
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which goes beyond the session, however no later than two months after the cookie was set. You
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can delete these cookies yourself at all times in the security settings of your browser.
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5.7 In your browser settings, you can adjust the use of cookies individually and also prevent this
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completely. You can also completely prevent the use of third party cookies. In this case it is,
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however, possible that you will not be able to use all functions of the TeamSpeak Websites.
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5.8 The information stored via cookies will be stored separately from your other personal data and
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not linked with such data.
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5.9 TeamSpeak points out that the third party providers, which collect data by using cookies, also
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use data regarding the use of the TeamSpeak Websites for user-generated advertising on other
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websites. TeamSpeak has no influence on this data collection.
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.
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6. Informational use of the TeamSpeak Websites
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6.1 In case of a purely informational use of the TeamSpeak Websites, TeamSpeak will only collect
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the data transmitted by your browser, these are:
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• Your IP address
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• Date, time and duration of your visit to the respective website of the TeamSpeak Websites
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• Your user behaviour, i.e. your visit to the TeamSpeak Websites, subpages of the
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TeamSpeak Websites as well as the order of your visits, clicks carried out as well as time
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spent on individual pages and subpages
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• Time zone difference to the Greenwich Mean Time
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• The access status / http-status code
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• Concretely transmitted data volumes
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• Operating system and its interface
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• Browser as well as language and version of the browser software
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• The website, from which the request comes
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When using a mobile device for visiting the TeamSpeak Websites the following data will be
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additionally stored:
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• Type of mobile device and its settings
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• Your location, from where you are accessing the TeamSpeak Websites
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6.2 A purely informational use of the TeamSpeak Websites exists if you do not register for a
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customer account or a forum account, do not make any enquiry via the TeamSpeak Websites, nor
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download the software solutions or the TeamSpeak Software Client or send any other information
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regarding your person to TeamSpeak either.
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.
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7. Data collection when acquiring licences for the software solutions via Teamspeak.com
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7.1 If you acquire licences for the software solutions via the TeamSpeak Websites, you must
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create a customer account. An order without an existing or a customer account that is to be newly
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created is not possible.
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7.2 When registering for a user account your data given during the registration process – subject to
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a deletion of your user account by TeamSpeak that can be carried out at all times upon request by
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you – will be stored.
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7.3 The data transmitted by you will, in particular, be used for the mutual fulfilment of the
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contract. For this purpose, your data will, if applicable, also be forwarded to the partner that is
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required in order to fulfil the contract. This is, for example, the payment service provider Pay Pal
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Inc., 2211 North First Street, 95131 San José, California, USA (hereinafter referred to as
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"PayPal"). You will find further information relating to the forwarding of your personal data to
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third parties under Subclause 11 of this privacy statement.
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7.4 TeamSpeak additionally uses your personal data for the purpose of marketing and advertising
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for the services of TeamSpeak. However, without your separate consent information will only be
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send to you for this purpose relating to services of TeamSpeak, which are similar to the services
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used by you.
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7.5 You have the possibility to have your customer account deleted by us at all times by sending a
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corresponding request to the e-mail address privacy@teamspeak.com or the data provided in the
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imprint of the TeamSpeak Websites. If your user account is deleted at your request your data will
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be deleted immediately, as soon as they are no longer required for the mutual fulfilment of the
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contract and TeamSpeak is not legally obliged to store that data.
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7.6 In order to prevent unauthorized accesses of third parties to your personal data, in particular
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financial data, the order process will be encrypted per SSL technology.
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.
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8. Download of the TeamSpeak Software Client
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8.1 If you choose a version for mobile devices, you will be directed to the internet-shop “Apple
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AppStore” (iOS) or “Android Market” (Android).
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8.2 The third part provider may collect, store and process your personal data. Please inform
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yourself about the collection, storage and processing of data by the third part provider, as
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TeamSpeak has no influence on such a process.
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8.2.1 During the download process TeamSpeak itself does not collect, store and process
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personal data in addition to that stated before. Subclauses 5 and 6 and 7.2 until 7.6 of this
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privacy statement apply accordingly.
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8.2.2 If you choose to download a version of the TeamSpeak Software Client for PC
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Subclauses 5, 6 and 7.2 until 7.6 of this privacy statement apply accordingly. TeamSpeak does
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not collect, store and process any additional personal data from you.
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.
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9. Special terms for the use of the TeamSpeak Software Client (PC)
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9.1 In the event of using the TeamSpeak Software Client TeamSpeak for PC TeamSpeak possibly
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collects, stores and processes the following data:
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• IP address
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• Used operation system and type (32 or 64 bit)
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• Data about your behavior (particularly clicks, used menus)
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• Crash report, if sent by the you (program line, incident, basic data of computer hardware
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used)
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9.2 TeamSpeak uses this data exclusively for quality assurance as well as further development of
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the software solutions and the TeamSpeak Software Client. The data mentioned above under
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Subclause 9.1 of this Privacy Statement will not be combined with other personal data stored
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about you. The data will be anonymized immediately for further use.
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9.3 If you do not agree with the collection, storage and processing of the data mentioned under
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clause 9.1 of this Privacy Statement you can change the status in the field “anonymous statistics”
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(following the menu items Settings – Options – Applications).
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9.4 You can revoke your consent to collect, store and process the data mentioned under clause 9.1
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of this Privacy Statement at all times. Please send your revocation by e-mail to
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privacy@teamspeak.com or by e-mail, telephone, post or fax to the contact details stated in the
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imprint of the TeamSpeak Websites. All personal data, which can refer back to you personally,
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will be deleted without undue delay.
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9.5 The sending of a crash-report is subject to your separate consent which will be queried
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separately before you can send the report. You are not obligated to send a crash-report. If you send
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a crash-report, clause 9.2 and 9.4 of this Privacy Statement apply accordingly.
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.
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10. Server rent
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10.1 TeamSpeak itself does not collect, store and process any personal data in addition to that
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stated before. Subclauses 5, 6 and 7.2 and 7.6 of this privacy statement apply accordingly.
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10.2 TeamSpeak has no influence on the collection, storage and processing of your personal data
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by the lessor. Please inform yourself about the collection, storage and processing of data by the
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lessor.
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10.3 If you rent a server of a third party, this contract is just mediated by TeamSpeak.
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.
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11. Use of the forum
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11.1 The forum can be read without this requiring a registration. In this case it concerns a purely
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informational use of the TeamSpeak Websites (cf. in this respect Subclause 6 of this privacy
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statement).
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11.2 In order to be able to actively participate in the forum you must register and create a forum
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account. A user name, a password, your date of birth and your e-mail address are to be entered
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with the registration. It is not compulsory to use a real name, a use under a pseudonym user name
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is possible.
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11.3 We use the so-called Double-Opt-In-procedure for the registration, i.e. your registration is
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only completed when you have previously confirmed your registration via a confirmation e-mail
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sent to you for this purpose by clicking on the link contained therein. If your corresponding
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confirmation is not carried out promptly, your registration will be automatically deleted from our
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database.
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11.4 The data entered by you with the registration are stored by us and linked with the contents
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published by you, which are also stored by TeamSpeak. These data are exclusively used in order
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to operate the forum and to process the contract concluded with you concerning the use of the
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forum.
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11.5 You have the possibility to have your forum account deleted by us at all times by a
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corresponding request to the e-mail address privacy@teamspeak.com or the data stated in the
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imprint of Teamsspeak.com. In this case the personal data stored regarding your forum account
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will be deleted immediately as soon as they are no longer required for processing the contractual
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relationship concerning the use of the forum and we are not legally obliged to store said data
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either. Contributions published by you will be displayed anonymised under the marking "guest"
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after the successful deletion of your forum account
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.
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12. Up- and Downloading of Add-Ons
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12.1 In order to be able to upload Add-Ons you must register for a customer account as a
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Developer (hereinafter referred to as "Developer Account").
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12.1.1 During the registration you must submit your e-mail-address, your name and your
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phone number.
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12.1.2 When registering for a developer account your data given during the registration
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process – subject to a deletion of your developer account by us that can be carried out at all
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times upon request by you – will be stored.
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12.1.3 The data transmitted by you will, in particular, be used for the mutual fulfilment of the
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contract as well as the assertion of claims in the event that the Add-Ons uploaded by you
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violate the applicable Law or our General Business Terms.
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12.1.4 TeamSpeak additionally uses your personal data for the purpose of marketing and
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advertising for the services of TeamSpeak. However, without your separate consent
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information will only be send to you for this purpose relating to services of TeamSpeak, which
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are similar to the services used by you.
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12.1.5 You have the possibility to have your developer account deleted by us at all times by
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sending a corresponding request to the e-mail address privacy@teamspeak.com or the data
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provided in the imprint of the TeamSpeak Websites. If your user account is deleted at your
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request your data will be deleted immediately, as soon as they are no longer required for the
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mutual fulfilment of the contract and TeamSpeak is not legally obliged to store this data.
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12.2 In order to download Add-Ons you do not have to register for a customer account. Subclauses
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5 and 6 of this privacy statement apply accordingly.
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.
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13. Use of the online enquiry; order by e-mail, fax or telephone
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13.1 You also have the possibility to contact TeamSpeak online via your customer account as well
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as by telephone and by e-mail.
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13.2 The data sent or entered by you within the framework of such will be used in order to answer
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your enquiry and to contact you by telephone or by e-mail for this purpose and, if applicable, for
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the mutual fulfilment of the contract. If your data are also used for the purpose of the mutual
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fulfilment of the contract Subclauses 7.2 and 7.3 of this privacy statement shall apply accordingly.
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.
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14. Social networks and services of third parties
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14.1 TeamSpeak uses social media plug-ins of the social networks Facebook, Google+, Twitter
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and YouTube on the TeamSpeak Websites.
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14.2 No personal data will be transmitted to the providers of these plug-ins without you clicking
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on the button of a plug-in – irrespective of whether you place an order.
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14.3 If you press the button of a plug-in personal data will be automatically transmitted to the
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provider of the plug-in and can be stored and used by that provider. Please note that this may be
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carried out overseas, i.e. in particular in the United States of America.
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14.4 TeamSpeak has no full knowledge of the type and scope of the data collection and their use
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and processing and cannot exert any influence on such processes either.
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14.5 If you activate a plug-in the plug-in provider will receive the information that you have
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activated this on the respective website of the TeamSpeak Websites or the corresponding subpage
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of the respective website from the TeamSpeak Websites. In addition, the information stated in
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Subclause 6 of this privacy statement will be transmitted to the plug-in provider. According to the
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own information of the plug-in provider in the case of Facebook only an anonymised IP address
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will be collected and transmitted in Germany.
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14.5.1 The data collection and transmission described in Subclause 10.5 of this privacy
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statement is carried out irrespective of whether you have a user account at the respective plug-
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in provider or not. If you have a user account at the respective plug-in provider and you are
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logged into this user account at the time, at which you click on the respective plug-in the data
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transmitted to the respective plug-in provider will be directly allocated to your user account. If
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you confirm the activated plug-in and e.g. link the page, the plug-in provider will also store
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this information in your user account and can also notify your contacts to the public. In order
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to prevent the allocation to your user account at the respective plug-in provider you should
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log-out from your user account at the respective plug-in provider before clicking the plug-in
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on the TeamSpeak Websites.
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14.5.2 The respective plug-in provider stores the data transmitted to it, irrespective of whether
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you are also logged-in to your user account at the respective plug-in provider as a rule as user
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profiles, which are used for the following purposes:
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• Advertising suitable for the needs
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• Market research
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• Optimisation of the websites of the plug-in provider suitable for the needs
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• Information of other members of the social network about your activities on the TeamSpeak Websites
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14.5.3 You are entitled to object to the formation of user profiles with the data collected about
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you. For this purpose, please contact the respective plug-in provider. TeamSpeak has no
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influence on the compliance with your objection and is not responsible for this either.
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14.6 You can find further relevant information and regarding your rights in this respect in the
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privacy statements of the plug-in providers as the responsible bodies, which you can call as
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follows:
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14.6.1 Facebook Inc., 1601 S California Ave, Palo Alto, California 94304 USA –
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https://www.facebook.com/policy.php
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14.6.2 Google+: Google Inc., 1600 Amphitheatre Parkway, Mountainview, California 94103
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USA – https://www.google.com/policies/privacy/partners/?hl=de
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14.6.3 Twitter: Twitter, Inc. 1355 Market St., Suite 900, San Francisco, California 94103 USA
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– https://twitter.com/privacy?lang=de
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14.6.4 YouTube: YouTube, LLC (Google Inc.), 901 Cherry Ave., San Bruno, CA 94066 USA
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– https://www.google.de/intl/de/policies/privacy/
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.
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15. Forwarding of data to third parties
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15.1 TeamSpeak can forward your personal data to third parties if contractually agreed services
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and conditions are offered together with the third party provider or include its services. In this case
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TeamSpeak will inform you about the transmission of the data to the third party within the
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framework of the order process.
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15.2 TeamSpeak will also carry out the data processing through external service providers.
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15.2.1 These external services providers are carefully selected by TeamSpeak and
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commissioned in writing. The external service providers involved for the data processing are
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bound to the instructions of TeamSpeak and are regularly checked regarding the compliance
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with the data protection and the data security.
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15.2.2 The external service providers are not entitled to forward the data to third parties.
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15.3 TeamSpeak only processes your personal data when allowed to do so by law. Most
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commonly, we will process your personal data:
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• With your consent and please note that you have the right to withdraw your consent at any
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time by contacting us.
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• Where TeamSpeak needs to perform a contract we are about to enter into, or have entered
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into, with you.
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• Where it is necessary for TeamSpeak’s legitimate interests (or those of a third party) and your
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interests and fundamental rights do not override those interests.
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• Where TeamSpeak need to comply with a legal or regulatory obligation.
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The below table sets out how TeamSpeak processes your personal data. Please contact TeamSpeak
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if you would like further information about the specific basis for processing.
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The following is a breakdown by activity of each way TeamSpeak uses your data
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Activity
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To process and deliver a product or service that you have ordered from TeamSpeak, including:
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• online orders or orders at one of our sites
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• when we issue a refund
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• to manage the payment, fees and charges
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• to collect and recover money owed to us
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• any other contractual arrangement that we agree to enter into with you
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Personal Data
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• Identity Data
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• Contact Data
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• Financial Data
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• Transaction Data
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Basis for Processing
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• Performance of a contract with you
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• Necessary for TeamSpeak’s legitimate interests, being to recover debts due to TeamSpeak.
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Activity
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To process your registration with TeamSpeak including:
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• to receive news, offers, promotions and updates
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• to receive a voucher
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• to make full use of our apps including myTeamSpeak
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• when you otherwise register as one of our customers
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Personal Data
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• Identity Data
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• Contact Data
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• Profile Data
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Basis for Processing
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• Performance of a contract with you
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Activity
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To tailor direct marketing to you and to send you direct marketing communications including via:
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• Email
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• SMS
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• Push Notifications
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Personal Data
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• Identity Data
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• Contact Data
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• Technical Data
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• Transaction Data
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• Usage Data
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• Profile Data
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• Marketing and Communications Data
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Basis for Processing
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• In terms of tailoring direct marketing, necessary for TeamSpeak’s legitimate interests, being to
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develop its business and inform its marketing strategy
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• In terms of sending direct marketing where you are a customer and have not previously opted
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out of receiving such direct marketing, as necessary for TeamSpeak’s legitimate interests,
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being to offer you relevant products and services related to what we have previously provided
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to you
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• In terms of sending direct marking where you are not one of TeamSpeak’s customers, with
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your consent given when you sign up to our mobile app, website or otherwise give your
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details and provide consent when doing so
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Activity
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To enable you to take part in prize draws, competitions or surveys.
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Personal Data
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• Identity Data
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• Contact Data
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• Usage Data
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• Profile Data
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• Marketing and Communications Data
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Basis for Processing
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• Performance of a contract with you
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• Necessary for TeamSpeak’s legitimate interests, being to study how customers use our
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products and services, to develop them and grow our business
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Activity
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To understand TeamSpeak’s customers, matching common information from various sources to
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build a profile of you; this may include:
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• understanding your habits, where you are from time to time, your personal circumstances and
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|
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.
|
|
.
|
|
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.
|
|
.
|
|
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).
|
|
.
|
|
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.
|
|
.
|
|
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.
|
|
.
|
|
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".
|
|
|