-TeamSpeak 3.x - End User License Agreement
-Revised: February 2nd, 2010
-
-THIS IS A LEGAL AGREEMENT between "you", the individual, company, or
-organization utilizing TeamSpeak brand software, TeamSpeak Systems GmbH,
-a Kruen, Germany based company, and Triton CI & Associates, Inc., a
-California, USA based Corporation.
-
-USE OF TEAMSPEAK SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS.
-
-As used in this Agreement, the term "TeamSpeak software" means TeamSpeak
-version 3.x voice communication software, both client and server, as
-made available from www.TeamSpeak.com together with any and all
-enhancements, upgrades, or updates that may be provided to you by
-TeamSpeak Systems GmbH.
-
-1. APPLICABLE LAW
-
-All terms in this Agreement relating to ownership, distribution,
-prohibited conduct, or upgrades to TeamSpeak software, specifically
-Sections 2, 6, 11, and 12, will be handled by TeamSpeak Systems GmbH in
-accordance with the laws of Kruen, Germany.
-
-Triton CI & Associates, Inc., is TeamSpeak Systems GmbH's official
-sales, licensing, and billing partner for TeamSpeak software. As such,
-all terms in this Agreement relating to TeamSpeak sales, billing,
-compliance with licensing, including related issues such as piracy or
-banning of servers, will be handled by Triton CI & Associates, Inc. in
-accordance with the laws within the State of California, USA.
-
-2. OWNERSHIP
-
-Ownership of TeamSpeak software and any accompanying documentation shall
-at all times remain with TeamSpeak Systems GmbH. This Agreement does not
-constitute the sale of TeamSpeak software or any accompanying
-documentation, or any portion thereof. Without limiting the generality
-of the foregoing, you do not receive any rights to any patents,
-copyrights, trade secrets, trademarks or other intellectual property
-rights relating to TeamSpeak software or any accompanying documentation.
-All rights not expressly granted to you under this Agreement are
-reserved by TeamSpeak Systems GmbH.
-
-3. DEFINITIONS
-
-3.1 TeamSpeak Client and Server
-TeamSpeak software consists of both a TeamSpeak Client and TeamSpeak
-Server application. The TeamSpeak Server is the application which acts
-as a host and allows two or more client connections to communicate with
-one another. The TeamSpeak Client is the application which connects to
-the TeamSpeak Server and contains end-user functionality which includes
-initiating a data stream for voice communication with another client
-connection. Sample screenshots of both the TeamSpeak Client and Server
-applications can be found at http://www.teamspeak.com/?page=screenshots.
-
-3.2 TeamSpeak Software Development Kit (TeamSpeak SDK)
-TeamSpeak software may also consist of a Software Development Kit or
-SDK. The TeamSpeak SDK is a set of development tools and documentation
-which allows software engineers to create customized or integrated
-applications typically as part of an existing product or service. The
-TeamSpeak SDK includes API information, sample code, tools,
-documentation, and other related items.
-
-3.3 TeamSpeak Virtual Server
-A TeamSpeak Virtual Server is any instance within the TeamSpeak Server
-application (binary executable) which allows the TeamSpeak Client
-application to connect. A single executed TeamSpeak Server application
-(binary executable) will by default create a single Virtual Server.
-However, the TeamSpeak Server application is capable of creating and
-hosting multiple Virtual Servers within any single running binary
-executable, where each server contains its own configuration properties
-which to the end-user may appear to act as a stand-alone server.
-
-3.4 TeamSpeak Server Slot
-A TeamSpeak Server Slot (or just "slot") is utilized when a single
-TeamSpeak Client connection is established to any given TeamSpeak
-Virtual Server. The maximum "slots" or "slot count" can be individually
-configured for each Virtual Server and defines the maximum number of
-users that can simultaneously connect to that Virtual Server at any
-given time. For example, a Virtual Server configured for 10 slots will
-allow up to 10 simultaneous user connections before it generates a
-"server full" error message to the 11th user attempting to connect to
-the same Virtual Server.
-
-3.5 Commercial Entity
-A commercial entity is an individual, company, or organization which
-demonstrates (typically via but not limited to a website) that it is in
-business to turn a profit of any kind; be it monetary, from direct sales
-or rental fees, advertising profit, or through the privileged use of
-intangible goods and services.
-
-Example of a Commercial Entity:
-A hosting company or organization which charges a monthly fee for the
-use of a TeamSpeak server OR a hosting company or organization which
-does NOT charge a monthly fee for the use of a TeamSpeak server but
-earns substantial profit from advertising, or from other products or
-services of any kind.
-
-Example of a Commercial Entity profiting from advertising:
-An organization advertising for products or services offered by a
-hosting company in exchange for the use of a TeamSpeak server means the
-hosting company will be considered to be a commercial entity, even if
-they choose not to charge anything at all for the use of any of their
-TeamSpeak servers. This situation is commonly referred to as a clan or
-guild "sponsorship".
-
-Example of a Commercial Entity profiting from intangible goods:
-A "payment" is made to an individual or hosting company using virtual
-currency (gold, etc.) within a popular massively multiplayer online game
-(MMOG) in exchange for the use of a TeamSpeak server means the
-individual or hosting company will be considered to be a commercial entity.
-
-3.6 Non-Profit Entity
-A non-profit entity is an individual or organization which does NOT
-utilize TeamSpeak software for profit of any kind; be it monetary, from
-direct sales or rental fees, advertising profit, or intangible goods and
-services.
-
-Example 1: A clan or guild hosting a TeamSpeak server for their own
-private use while complying with all terms and conditions set forth in
-Section 5.1 of this Agreement.
-
-Example 2: An individual hosting a TeamSpeak server for private use to
-communicate with friends or family over the Internet while complying
-with all terms and conditions set forth in Section 5.1 of this Agreement.
-
-4. LICENSE FEES
-
-Based on the definitions above, license fees may be applicable to
-entities utilizing the TeamSpeak Server application. License fees are
-NOT applicable to the TeamSpeak Client application. All Commercial
-Entities using the TeamSpeak Server application for any reason must pay
-a license fee, regardless of whether or not they choose to charge fees
-for the use of their servers. Non-Profit Entities using the TeamSpeak
-Server application do not need to pay a license fee; however, these
-entities must comply with the terms and conditions set forth in the
-License Types applicable to Non-Profit Entities below. If you are
-uncertain as to whether you qualify as a Non-Profit Entity you must
-contact Triton CI & Associates, Inc. via e-mail at sales@tritoncia.com
-or via http://support.tritoncia.com.
-
-5. LICENSE TYPES
-
-5.1. Non-Profit License: Unregistered
-This license type is for an individual or organization which is
-non-profit in nature, and does not require registration on our website
-nor a license key. An individual or organization operating under this
-license may install and use TeamSpeak software on one or more physical
-machines, without paying a license fee, provided that the following
-conditions are met:
-a. The individual or organization must be non-profit in nature.
-TeamSpeak Systems GmbH and Triton CI & Associates, Inc. reserve the
-right to assess and determine if any individual or organization is
-non-profit in nature.
-b. The individual or organization may host up to 32 slots using only 1
-Virtual Server for their entire operation. Exceeding the use of 32 slots
-or 1 Virtual Server over multiple physical machines operated by the same
-individual or organization is strictly prohibited.
-
-5.2. Non-Profit License: Registered
-This license type is for an individual or organization which is
-non-profit in nature, and requires registration on our website and the
-use of a license key. An individual or organization operating under this
-license may install and use TeamSpeak software on one or more physical
-machines, without paying a license fee, provided that the following
-conditions are met:
-a. The individual or organization must register their operation and
-apply for this license type via Triton CI & Associates, Inc.'s website
-at https://sales.tritoncia.com/users/register.php.
-b. The individual or organization must be non-profit in nature.
-TeamSpeak Systems GmbH and Triton CI & Associates, Inc. reserve the
-right to assess and determine if any individual or organization is
-non-profit in nature.
-c. The individual or organization may host up to 512 slots using a
-maximum of 10 Virtual Servers for their entire operation. Any
-combination of slots or Virtual Servers over multiple physical machines
-is allowed, as long as the individual or organization does not exceed
-512 slots or 10 Virtual Servers. This is also enforced by the license
-key which is issued after the registration and approval process has been
-completed.
-
-5.3. Commercial License for ATHPs (Authorized TeamSpeak Host Providers):
-Recurs Monthly
-An Authorized TeamSpeak Host Provider License or ATHP License is a
-license requiring recurring monthly fees. ATHP Licenses are issued to
-Commercial Entities (an individual, company, or organization) which rent
-TeamSpeak servers to others for profit of any kind; be it monetary, from
-direct sales or rental fees, advertising profit, or through the
-privileged use of intangible goods and services. ATHPs are Commercial
-Entities which typically charge their customers a monthly fee for the
-use of a TeamSpeak Virtual Server or include the Virtual Server as part
-of other services or offerings to their customers free of charge.
-Commercial Entities operating under the Authorized TeamSpeak Host
-Provider License may install and use TeamSpeak software on one or more
-physical machines, and must adhere to the following conditions:
-a. ATHPs must register for an account on Triton CI & Associates, Inc.'s
-website at https://sales.tritoncia.com/users/register.php.
-b. ATHPs are subject to recurring, monthly licensing fees based on the
-average slot count configured on each Virtual Server hosted by the ATHP
-during the previous month (e.g. - if a Virtual Server reports being
-configured for 50 Slots during 15 out of 30 days of the previous month,
-the Virtual Server will be billed at 25 Slots). These licensing fees are
-completely indifferent to whether or not an ATHP's customer makes use of
-their Virtual Server.
-c. ATHPs are billed monthly, in arrears, by Triton CI & Associates, Inc.
-All invoices are typically sent on the 1st or 2nd day of every month via
-email and are also posted to the ATHP's online account via Triton CI &
-Associates, Inc.'s website at http://sales.tritoncia.com.
-d. Payments are due 15 days after any invoice is generated (NET 15). It
-is the ATHP's responsibility to ensure that their invoice is received;
-whether by the primary email address registered to the ATHP's online
-account or by a representative of the ATHP ensuring that the ATHP's
-online account is logged into or checked each month for new invoices.
-e. ATHPs who become 30 or more days past due on their invoice may have
-their TeamSpeak Servers banned due to non-payment.
-f. ATHPs who consistently fail to pay their invoices on time are subject
-to having their account or license suspended or revoked.
-g. New ATHPs acknowledge that there will be a $50 setup fee in addition
-to a minimum monthly license fee of $25 for a minimum slot count of 200.
-h. ATHPs acknowledge that invoices may occasionally reflect inaccurate
-data due to incorrectly configured slot counts on licensed Virtual
-Servers (e.g. - test servers accidentally created with high slot counts,
-or duplicate data reported back to TeamSpeak Systems GmbH during data
-center migrations, etc.). As such, invoices are subject to review by
-both the ATHP and Triton CI & Associates, Inc. Every effort will be made
-by Triton CI & Associates, Inc. to determine the best course of action
-when correcting or modifying an invoice.
-i. ATHPs acknowledge that slot count data for each Virtual Server hosted
-by the ATHP is reported daily to TeamSpeak Systems GmbH's tracking
-server located at accounting.teamspeak.com (IP 62.146.63.84) for the
-purpose of tracking and billing the ATHP accordingly.
-j. ATHPs may not utilize firewalls or any other tools to prevent
-communication from their licensed Virtual Servers to TeamSpeak Systems
-GmbH's tracking server located at accounting.teamspeak.com (IP
-62.146.63.84). All outbound traffic, both TCP and UDP, must be made
-available to the tracking server AND the organization must ensure that
-DNS is functioning properly and is able to resolve the hostname
-accounting.teamspeak.com at all times on all physical machines where
-Virtual Servers are being hosted.
-k. ATHPs may not alter each individual Virtual Server's slot count on a
-daily basis (e.g. - via an automated script or third party utility) in
-order to deliberately or otherwise alter the daily slot count
-configuration data which is reported to TeamSpeak Systems GmbH's
-tracking server located at accounting.teamspeak.com (IP 62.146.63.84).
-l. ATHPs may allow resellers to sell their TeamSpeak Virtual Servers;
-however, the ATHP must ensure that all of their Virtual Server IPs are
-licensed at all times. Resellers are not required to register and
-purchase a separate ATHP license for themselves as long as all Virtual
-Servers sold by the reseller are licensed through the ATHP.
-
-5.4. Commercial License: Annual Activation
-A Commercial License is a license requiring annual activation.
-Commercial Licenses are issued to Commercial Entities (an individual,
-company, or organization) which utilize TeamSpeak servers in a
-commercial environment but are not in the business of hosting or renting
-servers to others for a recurring fee. Examples include, but are not
-limited to, Internet Cafes or small businesses using TeamSpeak for
-internal communication. Commercial Entities operating under the
-Commercial License must adhere to the following conditions:
-a. Commercial Entities must register for an account on Triton CI &
-Associates, Inc.'s website at
-https://sales.tritoncia.com/users/register.php.
-b. Upon expiration of the annual licensed term, the Commercial Entity
-must purchase an additional year of activation in order to continue
-using TeamSpeak.
-c. Commercial Entities may utilize their license on multiple physical
-machines, provided the Commercial Entity abides by the limitations on
-its purchased slots and the maximum number of Virtual Servers for which
-they are licensed.
-d. Commercial Entities cannot re-sell any portion of their licensed
-slots or Virtual Servers to others for a recurring fee of any kind.
-
-5.5 Software Development Kit Integration License or "SDK Integration
-License"
-A Software Development Kit Integration License or SDK Integration
-License is a license which may require a one-time fee, recurring fees,
-or other pre-determined fees. SDK Integration Licenses are typically
-issued to Commercial Entities (an individual, company, or organization)
-which utilize TeamSpeak software to create customized or integrated
-applications as part of an existing product or service. Commercial
-Entities operating under the SDK Integration License must adhere to the
-following conditions:
-a. You may use the TeamSpeak SDK with only one product at a time. Any
-intent to utilize the TeamSpeak SDK with a different product will
-constitute a new Agreement, and new license fees may apply.
-b. You may NOT distribute, sell, lease, rent, lend, or sublicense any
-part of the TeamSpeak SDK to any third party without prior written
-consent from TeamSpeak Systems GmbH or Triton CI & Associates, Inc.
-c. You may NOT use the TeamSpeak SDK to design or develop software to
-upload or otherwise transmit any material containing software viruses or
-other computer code, files or programs designed to interrupt, destroy,
-or limit the functionality of any software or hardware.
-d. You may NOT represent that the programs you develop using the
-TeamSpeak SDK are certified or otherwise endorsed by either TeamSpeak
-Systems GmbH or Triton CI & Associates, Inc.
-e. You may NOT use the TeamSpeak name or any other trademarks of
-TeamSpeak Systems GmbH in connection with programs that you develop
-using the TeamSpeak SDK without prior written consent from TeamSpeak
-Systems GmbH or Triton CI & Associates, Inc.
-
-6. DISTRIBUTION VIA THE INTERNET
-
-The preferred method of distribution of TeamSpeak software over the
-Internet is via TeamSpeak Systems GmbH's official website at
-www.TeamSpeak.com. You may not distribute TeamSpeak software otherwise
-over the Internet, unless you obtain prior written consent from
-TeamSpeak Systems GmbH or Triton CI & Associates, Inc. to do so.
-
-7. THIRD PARTY DISTRIBUTION PROHIBITED
-
-Distribution of TeamSpeak software by you to third parties (e.g. -
-publishers, magazines, third party products, etc.) is also hereby
-expressly prohibited unless you obtain prior written consent from
-TeamSpeak Systems GmbH or Triton CI & Associates, Inc. to do so.
-
-8. TERMINATION
-TeamSpeak Systems GmbH or Triton CI & Associates, Inc. reserves the
-right to terminate your license for TeamSpeak software at any time or
-for any reason. Your license may also be terminated if you are in breach
-of any of the terms and conditions set forth in this Agreement. Upon
-termination, you shall immediately discontinue using TeamSpeak software
-and destroy all copies and related intellectual property in your
-possession, custody or control.
-
-9. BILLING
-Triton CI & Associates, Inc., is TeamSpeak Systems GmbH's official
-sales, licensing, and billing partner for TeamSpeak software. As such,
-all billing matters for Commercial Entities are handled by Triton CI &
-Associates, Inc. Any inquiries relating to billing must be e-mailed to
-sales@tritoncia.com or submitted via Triton CI & Associates, Inc.'s
-ticket system at http://support.tritoncia.com.
-
-10. PRICING
-TeamSpeak software pricing information for Commercial Entities can be
-found on Triton CI & Associates, Inc.'s website at
-http://sales.tritoncia.com/pricing.php.
-
-11. PROHIBITED CONDUCT
-
-You represent and warrant that you will not violate any of the terms and
-conditions set forth in this Agreement and that:
-
-a. You will not: (I) reverse engineer, decompile, disassemble, derive
-the source code of, modify, or create derivative works from TeamSpeak
-software; or (II) use, copy, modify, alter, or transfer, electronically
-or otherwise, TeamSpeak software or any of the accompanying
-documentation except as expressly permitted in this Agreement; or (III)
-redistribute, sell, rent, lease, sublicense, or otherwise transfer
-rights to TeamSpeak software whether in a stand-alone configuration or
-as incorporated with other software code written by any party except as
-expressly permitted in this Agreement.
-b. You will not use TeamSpeak software to engage in or allow others to
-engage in any illegal activity.
-c. You will not engage in use of TeamSpeak software that will interfere
-with or damage the operation of the services of third parties by
-overburdening or disabling network resources through automated queries,
-excessive usage or similar conduct.
-d. You will not use TeamSpeak software to engage in any activity that
-will violate the rights of third parties, including, without limitation,
-through the use, public display, public performance, reproduction,
-distribution, or modification of communications or materials that
-infringe copyrights, trademarks, publicity rights, privacy rights, other
-proprietary rights, or rights against defamation of third parties.
-e. You will not transfer TeamSpeak software or utilize TeamSpeak
-software in combination with third party software authored by you or
-others to create an integrated software program which you transfer to
-unrelated third parties unless you obtain prior written consent from
-TeamSpeak Systems GmbH or Triton CI & Associates, Inc. to do so.
-
-12. UPGRADES, UPDATES AND ENHANCEMENTS
-
-All upgrades, updates or enhancements of TeamSpeak software shall be
-deemed to be part of TeamSpeak software and will be subject to this
-Agreement.
-
-13. LEGENDS AND NOTICES
-
-You agree that you will not remove or alter any trademark, logo,
-copyright or other proprietary notices, legends, symbols or labels in
-TeamSpeak software or any accompanying documentation.
-
-14. TERM AND TERMINATION
-
-This Agreement is effective upon your acceptance as provided herein and
-will remain in force until terminated. Non-Profit Entities may terminate
-the licenses granted in this Agreement at any time by destroying
-TeamSpeak software and any accompanying documentation, together with any
-and all copies thereof. Commercial Entities may terminate the licenses
-granted in this Agreement at any time by contacting Triton CI &
-Associates, Inc. via e-mail at sales@tritoncia.com or via
-http://support.tritoncia.com. The licenses granted in this Agreement
-will terminate automatically if you breach any of its terms or
-conditions or any of the terms or conditions of any other agreement
-between you and TeamSpeak Systems GmbH or Triton CI & Associates, Inc.
-
-15. SOFTWARE SUGGESTIONS
-
-TeamSpeak Systems GmbH welcomes suggestions for enhancing TeamSpeak
-software and any accompanying documentation that may result in computer
-programs, reports, presentations, documents, ideas or inventions
-relating or useful to TeamSpeak Systems GmbH's business. You acknowledge
-that all title, ownership rights, and intellectual property rights
-concerning such suggestions shall become the exclusive property of
-TeamSpeak Systems GmbH and may be used for its business purposes in its
-sole discretion without any payment or accounting to you.
-
-16. MISCELLANEOUS
-
-This Agreement constitutes the entire agreement between the parties
-concerning TeamSpeak software, and is subject to change by TeamSpeak
-Systems GmbH or Triton CI & Associates, Inc. at any time. If any
-provision in this Agreement should be held illegal or unenforceable by a
-court of competent jurisdiction, such provision shall be modified to the
-extent necessary to render it enforceable without losing its intent, or
-severed from this Agreement if no such modification is possible, and
-other provisions of this Agreement shall remain in full force and
-effect. A waiver by either party of any term or condition of this
-Agreement or any breach thereof, in any one instance, shall not waive
-such term or condition or any subsequent breach thereof.
-
-17. DISCLAIMER OF WARRANTY
-
-TEAMSPEAK SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF
-ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE
-WARRANTIES THAT IT IS FREE OF DEFECTS, VIRUS FREE, ABLE TO OPERATE ON AN
-UNINTERRUPTED BASIS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
-NON-INFRINGING. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL
-PART OF THIS LICENSE AND AGREEMENT. NO USE OF TEAMSPEAK SOFTWARE IS
-AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
-
-18. LIMITATION OF LIABILITY
-
-TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL
-TEAMSPEAK SYSTEMS GMBH NOR TRITON CI & ASSOCIATES, INC. BE LIABLE FOR
-ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT
-OF THE USE OF OR INABILITY TO USE TEAMSPEAK SOFTWARE, INCLUDING, WITHOUT
-LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE,
-COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES
-OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF
-THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH
-THE CLAIM IS BASED. IN ANY CASE, TEAMSPEAK SYSTEMS' OR TRITON CI &
-ASSOCIATES, INC.'S COLLECTIVE LIABILITY UNDER ANY PROVISION OF THIS
-LICENSE SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES (IF ANY)
-YOU PAID FOR THIS LICENSE.
+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 $50 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.
+
+
+
+
+
+Privacy statement
+
+TeamSpeak Systems GmbH
+
+1. Scope
+
+ 1.1 Please find information below concerning the collection, storage and
+ processing of personal data when using the websites operated by TeamSpeak
+ Systems GmbH under the domains teamspeak.com, teamspeakusa.com and
+ myteamspeak.com (hereinafter the first and the second one referred to as
+ "TeamSpeak.com" and the last one referred to as "Myteamspeak.com"; all of
+ them jointly referred to as "TeamSpeak Websites"), especially but not
+ restricted to the download of the software solutions "TeamSpeak 3" and
+ "TeamSpeak 3 Software Development Kit" (hereinafter referred to as
+ "software solutions"), download and use of the TeamSpeak Software Client
+ (for PC or for mobile devices), participation in the forum as well as the
+ down- and upload of own software programmes onto the TeamSpeak websites,
+ which are compatible with the software solutions of TeamSpeak (hereinafter
+ referred to as "Add-ons") as well as rent of servers.
+ 1.2 Personal data are all data, which can refer back to you personally,
+ i.e. could be associated with your person. These are in particular name,
+ e-mail address, address, telephone number, user behaviour, IP address, etc.
+
+2. Service provider
+
+ 2.1 The service provider according to Section 13 German Telemedia Act and
+ the responsible body according to Section 3 Par. 7 Federal Data Protection
+ Act is TeamSpeak Systems GmbH, Soiernstr. 1, 82494 Krün, entered in the
+ register of companies of Munich County Court under the register number HRB
+ 172523 (hereinafter referred to as "TeamSpeak").
+ 2.2 The TeamSpeak Websites contain links, by activating which you will be
+ forwarded to the websites of third parties. TeamSpeak explicitly points out
+ that in this case you must inform yourself on the linked website about the
+ collection, storage and processing of personal data by the third party
+ provider, as TeamSpeak has no influence on such a process.
+
+3. Information
+
+ 3.1 You are entitled to request detailed information from TeamSpeak at all
+ times regarding the data stored and processed relating to your person as
+ well as their origin, the purpose of the storage and processing as well as
+ the recipients or categories of recipients, to whom these data are
+ forwarded.
+ 3.2 Please direct the enquiry for information by e-mail to
+ privacy@teamspeak.com.
+
+4. Revocation
+
+ 4.1 You can revoke your consent to the storage, collection and processing
+ of your personal data at all times.
+ 4.2 Please send your revocation by e-mail to privacy@teamspeak.com or by
+ e-mail, telephone, post or fax to the contact details stated in the imprint
+ of the TeamSpeak Websites.
+
+5. Use of cookies
+
+ 5.1 Cookies are stored on your computer when using the TeamSpeak Websites,
+ even if the TeamSpeak Websites are used purely for informational purposes.
+ 5.2 Cookies are small text files, which are stored on your hard disk drive,
+ allocated to the browser used by you, are stored and through which certain
+ information is conveyed to the agency, which places the cookie. Cookies
+ cannot carry out any programme and, above all, not transmit any viruses to
+ your computer either. Cookies serve in particular to design the TeamSpeak
+ Websites more user-friendly.
+ 5.3 If you have a user account for the TeamSpeak Websites , cookies in
+ particular serve to identifying you for follow-up visits to the TeamSpeak
+ Websites. This prevents that you must log-in once again for each visit.
+ 5.4 The TeamSpeak Websites use the following types of cookies:
+ * Transient cookies, i.e. with temporary use
+ * Persistent cookies, i.e. with time-limited use
+ * Third party cookies, i.e. cookies of third party providers
+ 5.5 Transient cookies will be deleted as soon as you close your browser.
+ These shall in particular include the so-called session cookies. Session
+ cookies store a session-ID, with which the enquiries of your browser can be
+ allocated to the session so that your computer can be recognised again by
+ the system when you return to the TeamSpeak Websites. As soon as you
+ log-out or close your browser, all session cookies will be deleted
+ automatically.
+ 5.6 Persistent cookies will only be deleted after a duration that depends
+ on the respective cookie, which goes beyond the session, however no later
+ than two months after the cookie was set. You can delete these cookies
+ yourself at all times in the security settings of your browser.
+ 5.7 In your browser settings, you can adjust the use of cookies
+ individually and also prevent this completely. You can also completely
+ prevent the use of third party cookies. In this case it is, however,
+ possible that you will not be able to use all functions of the TeamSpeak
+ Websites.
+ 5.8 The information stored via cookies will be stored separately from your
+ other personal data and not linked with such data.
+ 5.9 TeamSpeak points out that the third party providers, which collect data
+ by using cookies, also use data regarding the use of the TeamSpeak Websites
+ for user-generated advertising on other websites. TeamSpeak has no
+ influence on this data collection.
+
+6. Informational use of the TeamSpeak Websites
+
+ 6.1 In case of a purely informational use of the TeamSpeak Websites,
+ TeamSpeak will only collect the data transmitted by your browser, these
+ are:
+ * Your IP address
+ * Date, time and duration of your visit to the respective website of the
+ TeamSpeak Websites
+ * Your user behaviour, i.e. your visit to the TeamSpeak Websites,
+ subpages of the TeamSpeak Websites as well as the order of your visits,
+ clicks carried out as well as time spent on individual pages and
+ subpages
+ * Time zone difference to the Greenwich Mean Time
+ * The access status / http-status code
+ * Concretely transmitted data volumes
+ * Operating system and its interface
+ * Browser as well as language and version of the browser software
+ * The website, from which the request comes
+ When using a mobile device for visiting the TeamSpeak Websites the
+ following data will be additionally stored:
+ * Type of mobile device and its settings
+ * Your location, from where you are accessing the TeamSpeak Websites
+ 6.2 A purely informational use of the TeamSpeak Websites exists if you do
+ not register for a customer account or a forum account, do not make any
+ enquiry via the TeamSpeak Websites, nor download the software solutions or
+ the TeamSpeak Software Client or send any other information regarding your
+ person to TeamSpeak either.
+
+7. Data collection when acquiring licences for the software solutions via
+TeamSpeak.com
+
+ 7.1 If you acquire licences for the software solutions via the TeamSpeak
+ Websites, you must create a customer account. An order without an existing
+ or a customer account that is to be newly created is not possible.
+ 7.2 When registering for a user account your data given during the
+ registration process - subject to a deletion of your user account by
+ TeamSpeak that can be carried out at all times upon request by you - will
+ be stored.
+ 7.3 The data transmitted by you will, in particular, be used for the mutual
+ fulfilment of the contract. For this purpose, your data will, if
+ applicable, also be forwarded to the partner that is required in order to
+ fulfil the contract. This is, for example, the payment service provider Pay
+ Pal Inc., 2211 North First Street, 95131 San José, California, USA
+ (hereinafter referred to as "PayPal"). You will find further information
+ relating to the forwarding of your personal data to third parties under
+ Subclause 11 of this privacy statement.
+ 7.4 TeamSpeak additionally uses your personal data for the purpose of
+ marketing and advertising for the services of TeamSpeak. However, without
+ your separate consent information will only be send to you for this purpose
+ relating to services of TeamSpeak, which are similar to the services used
+ by you.
+ 7.5 You have the possibility to have your customer account deleted by us at
+ all times by sending a corresponding request to the e-mail address
+ privacy@teamspeak.com or the data provided in the imprint of the TeamSpeak
+ Websites. If your user account is deleted at your request your data will be
+ deleted immediately, as soon as they are no longer required for the mutual
+ fulfilment of the contract and TeamSpeak is not legally obliged to store
+ that data.
+ 7.6 In order to prevent unauthorized accesses of third parties to your
+ personal data, in particular financial data, the order process will be
+ encrypted per SSL technology.
+
+8. Download of the TeamSpeak Software
+
+ 8.1 Download of the TeamSpeak Client Software
+ * If you choose a version for mobile devices, you will be directed to the
+ internet-shop “Apple AppStore” (iOS) or “Android Market” (Android). The
+ third party provider may collect, store and process your personal data.
+ Please inform yourself about the collection, storage and processing of
+ data by the third part provider, as TeamSpeak has no influence on such
+ a process.
+ * During the download process TeamSpeak itself does not collect, store
+ and process personal data in addition to that stated before. Subclauses
+ 5 and 6 and 7.2 until 7.6 of this privacy statement apply accordingly.
+ * If you choose to download a version of the TeamSpeak Software Client
+ for PC Subclauses 5, 6 and 7.2 until 7.6 of this privacy statement
+ apply accordingly. TeamSpeak does not collect, store and process any
+ additional personal data from you.
+ 8.2 Download of the TeamSpeak Server Software
+ * By downloading TeamSpeak Server software via Docker, the third part may
+ collect, store and process personal data. Please inform yourself about
+ the collection, storage and processing of data by the third party
+ provider, as TeamSpeak has no influence on such a process.
+ * During the download process TeamSpeak itself does not collect, store
+ and process personal data in addition to that stated before. Subclauses
+ 5 and 6 and 7.2 until 7.6 of this privacy statement apply accordingly.
+ * If you choose to download a version of the TeamSpeak Software Server
+ for PC Subclauses 5, 6 and 7.2 until 7.6 of this privacy statement
+ apply accordingly. TeamSpeak does not collect, store and process any
+ additional personal data from you.
+
+9. Special terms for the use of the TeamSpeak Software Client (PC)
+
+ 9.1 In the event of using the TeamSpeak Software Client TeamSpeak for PC
+ TeamSpeak possibly collects, stores and processes the following data:
+ * IP address
+ * Used operation system and type (32 or 64 bit)
+ * Data about your behavior (particularly clicks, used menus)
+ * Crash report, if sent by the you (program line, incident, basic data of
+ computer hardware used)
+ 9.2 TeamSpeak uses this data exclusively for quality assurance as well as
+ further development of the software solutions and the TeamSpeak Software
+ Client. The data mentioned above under Subclause 9.1 of this Privacy
+ Statement will not be combined with other personal data stored about you.
+ The data will be anonymized immediately for further use.
+ 9.3 If you do not agree with the collection, storage and processing of the
+ data mentioned under clause 9.1 of this Privacy Statement you can change
+ the status in the field “anonymous statistics” (following the menu items
+ Settings - Options - Applications).
+ 9.4 You can revoke your consent to collect, store and process the data
+ mentioned under clause 9.1 of this Privacy Statement at all times. Please
+ send your revocation by e-mail to privacy@teamspeak.com or by e-mail,
+ telephone, post or fax to the contact details stated in the imprint of the
+ TeamSpeak Websites. All personal data, which can refer back to you
+ personally, will be deleted without undue delay.
+ 9.5 The sending of a crash-report is subject to your separate consent which
+ will be queried separately before you can send the report. You are not
+ obligated to send a crash-report. If you send a crash-report, clause 9.2
+ and 9.4 of this Privacy Statement apply accordingly.
+
+10. Server rent
+
+ 10.1 TeamSpeak itself does not collect, store and process any personal data
+ in addition to that stated before. Subclauses 5, 6 and 7.2 and 7.6 of this
+ privacy statement apply accordingly.
+ 10.2 TeamSpeak has no influence on the collection, storage and processing
+ of your personal data by the lessor. Please inform yourself about the
+ collection, storage and processing of data by the lessor.
+ 10.3 If you rent a server of a third party, this contract is just mediated
+ by TeamSpeak.
+
+11. Use of the forum
+
+ 11.1 The forum can be read without this requiring a registration. In this
+ case it concerns a purely informational use of the TeamSpeak Websites (cf.
+ in this respect Subclause 6 of this privacy statement).
+ 11.2 In order to be able to actively participate in the forum you must
+ register and create a forum account. A user name, a password, your date of
+ birth and your e-mail address are to be entered with the registration. It
+ is not compulsory to use a real name, a use under a pseudonym user name is
+ possible.
+ 11.3 We use the so-called Double-Opt-In-procedure for the registration,
+ i.e. your registration is only completed when you have previously confirmed
+ your registration via a confirmation e-mail sent to you for this purpose by
+ clicking on the link contained therein. If your corresponding confirmation
+ is not carried out promptly, your registration will be automatically
+ deleted from our database.
+ 11.4 The data entered by you with the registration are stored by us and
+ linked with the contents published by you, which are also stored by
+ TeamSpeak. These data are exclusively used in order to operate the forum
+ and to process the contract concluded with you concerning the use of the
+ forum.
+ 11.5 You have the possibility to have your forum account deleted by us at
+ all times by a corresponding request to the e-mail address
+ privacy@teamspeak.com or the data stated in the imprint of Teamsspeak.com.
+ In this case the personal data stored regarding your forum account will be
+ deleted immediately as soon as they are no longer required for processing
+ the contractual relationship concerning the use of the forum and we are not
+ legally obliged to store said data either. Contributions published by you
+ will be displayed anonymised under the marking "guest" after the successful
+ deletion of your forum account
+
+12. Up- and Downloading of Add-Ons
+
+ 12.1 In order to be able to upload Add-Ons you must register for a customer
+ account as a Developer (hereinafter referred to as "Developer Account").
+ 12.1.1 During the registration you must submit your e-mail-address,
+ your name and your phone number.
+ 12.1.2 When registering for a developer account your data given during
+ the registration process - subject to a deletion of your developer
+ account by us that can be carried out at all times upon request by you
+ - will be stored.
+ 12.1.3 The data transmitted by you will, in particular, be used for the
+ mutual fulfilment of the contract as well as the assertion of claims in
+ the event that the Add-Ons uploaded by you violate the applicable Law
+ or our General Business Terms.
+ 12.1.4 TeamSpeak additionally uses your personal data for the purpose
+ of marketing and advertising for the services of TeamSpeak. However,
+ without your separate consent information will only be send to you for
+ this purpose relating to services of TeamSpeak, which are similar to
+ the services used by you.
+ 12.1.5 You have the possibility to have your developer account deleted
+ by us at all times by sending a corresponding request to the e-mail
+ address privacy@teamspeak.com or the data provided in the imprint of
+ the TeamSpeak Websites. If your user account is deleted at your request
+ your data will be deleted immediately, as soon as they are no longer
+ required for the mutual fulfilment of the contract and TeamSpeak is not
+ legally obliged to store this data.
+ 12.2 In order to download Add-Ons you do not have to register for a
+ customer account. Subclauses 5 and 6 of this privacy statement apply
+ accordingly.
+
+13. Use of the online enquiry; order by e-mail, fax or telephone
+
+ 13.1 You also have the possibility to contact TeamSpeak online via your
+ customer account as well as by telephone and by e-mail.
+ 13.2 The data sent or entered by you within the framework of such will be
+ used in order to answer your enquiry and to contact you by telephone or by
+ e-mail for this purpose and, if applicable, for the mutual fulfilment of
+ the contract. If your data are also used for the purpose of the mutual
+ fulfilment of the contract Subclauses 7.2 and 7.3 of this privacy statement
+ shall apply accordingly.
+
+14. Social networks and services of third parties
+
+ 14.1 TeamSpeak uses social media plug-ins of the social networks Facebook,
+ Google+, Twitter and YouTube on the TeamSpeak Websites.
+ 14.2 No personal data will be transmitted to the providers of these
+ plug-ins without you clicking on the button of a plug-in - irrespective of
+ whether you place an order.
+ 14.3 If you press the button of a plug-in personal data will be
+ automatically transmitted to the provider of the plug-in and can be stored
+ and used by that provider. Please note that this may be carried out
+ overseas, i.e. in particular in the United States of America.
+ 14.4 TeamSpeak has no full knowledge of the type and scope of the data
+ collection and their use and processing and cannot exert any influence on
+ such processes either.
+ 14.5 If you activate a plug-in the plug-in provider will receive the
+ information that you have activated this on the respective website of the
+ TeamSpeak Websites or the corresponding subpage of the respective website
+ from the TeamSpeak Websites. In addition, the information stated in
+ Subclause 6 of this privacy statement will be transmitted to the plug-in
+ provider. According to the own information of the plug-in provider in the
+ case of Facebook only an anonymised IP address will be collected and
+ transmitted in Germany.
+ 14.5.1 The data collection and transmission described in Subclause 10.5
+ of this privacy statement is carried out irrespective of whether you
+ have a user account at the respective plug-in provider or not. If you
+ have a user account at the respective plug-in provider and you are
+ logged into this user account at the time, at which you click on the
+ respective plug-in the data transmitted to the respective plug-in
+ provider will be directly allocated to your user account. If you
+ confirm the activated plug-in and e.g. link the page, the plug-in
+ provider will also store this information in your user account and can
+ also notify your contacts to the public. In order to prevent the
+ allocation to your user account at the respective plug-in provider you
+ should log-out from your user account at the respective plug-in
+ provider before clicking the plug-in on the TeamSpeak Websites.
+ 14.5.2 The respective plug-in provider stores the data transmitted to
+ it, irrespective of whether you are also logged-in to your user account
+ at the respective plug-in provider as a rule as user profiles, which
+ are used for the following purposes:
+ * Advertising suitable for the needs
+ * Market research
+ * Optimisation of the websites of the plug-in provider suitable for
+ the needs
+ * Information of other members of the social network about your
+ activities on the TeamSpeak Websites
+ 14.5.3 You are entitled to object to the formation of user profiles
+ with the data collected about you. For this purpose, please contact the
+ respective plug-in provider. TeamSpeak has no influence on the
+ compliance with your objection and is not responsible for this either.
+ 14.6 You can find further relevant information and regarding your rights in
+ this respect in the privacy statements of the plug-in providers as the
+ responsible bodies, which you can call as follows:
+ 14.6.1 Facebook Inc., 1601 S California Ave, Palo Alto, California
+ 94304 USA - https://www.facebook.com/policy.php
+ 14.6.2 Google+: Google Inc., 1600 Amphitheatre Parkway, Mountainview,
+ California 94103 USA - https://www.google.com/policies/privacy/partners
+ /?hl=de
+ 14.6.3 Twitter: Twitter, Inc. 1355 Market St., Suite 900, San
+ Francisco, California 94103 USA - https://twitter.com/privacy?lang=de
+ 14.6.4 YouTube: YouTube, LLC (Google Inc.), 901 Cherry Ave., San Bruno,
+ CA 94066 USA - https://www.google.de/intl/de/policies/privacy/
+
+15. Forwarding of data to third parties
+
+ 15.1 TeamSpeak can forward your personal data to third parties if
+ contractually agreed services and conditions are offered together with the
+ third party provider or include its services. In this case TeamSpeak will
+ inform you about the transmission of the data to the third party within the
+ framework of the order process.
+ 15.2 TeamSpeak will also carry out the data processing through external
+ service providers.
+ 15.2.1 These external services providers are carefully selected by
+ TeamSpeak and commissioned in writing. The external service providers
+ involved for the data processing are bound to the instructions of
+ TeamSpeak and are regularly checked regarding the compliance with the
+ data protection and the data security.
+ 15.2.2 The external service providers are not entitled to forward the
+ data to third parties.
+ 15.3 TeamSpeak shall disclose personal data for the assertion of rights or
+ towards regulatory authorities if TeamSpeak is obliged to do so by law.
+
+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.
projects / gentoo.git / blobdiff