TeamspeakNow
General Terms and Conditions of Use
for
4Players GmbH,
Deelbögenkamp 4 c,
22297 Hamburg
(hereinafter: "4Players")
Email: support@teamspeak-now.com
Please note - Important Message: The following general terms and conditions contain important information regarding the user's consent to the collection, processing and use of business-related data (clause 8).
| 1. | Preamble |
| 4Players is a gaming portal which offers a wide range of online games for download and provides various online gaming-related services. Through TeamspeakNow and subject to these terms and conditions, 4Players offers users the possibility to speak to other users over the internet. To this end, 4players uses the hosting capacity of the Teamspeak3 server. The Teamspeak3 server is capable of accommodating several users at the same time, offering an internet-based conferencing solution with a wide range of applications - e.g. use as a tactical aid for team players in online gaming, for small and medium-sized companies seeking to reduce their costs for conference and long distance telephony, or for personal communication between friends and relatives. | |
| 2. | Registration |
| 2.1 | In order to use the service, it is necessary to carry out a registration (user name, password). Registration is free. |
| 2.2 | By registering, the user accepts these terms and conditions. These terms and conditions shall apply to the exclusion of any other terms and conditions or agreements. Oral ancillary agreements shall not have any effect. |
| 2.3 | Users may only register if they are 18 years of age or older or if they have the permission of a parent or legal guardian. The user must provide full and accurate information during the registration process. Any subsequent changes to the user's data (including the email address) must be reported to 4Players immediately. |
| 2.4 | Users must not use the services in the name of a third party without the third party's consent. Users are not permitted to carry out multiple registrations under different names. 4Players' services are provided purely for private use. Use of the services for commercial purposes is not permitted. |
| 2.5 | 4Players reserves the right to refuse any registration application without stating its reasons. |
| 3. | Membership, Contract Duration and Scope of Contract, Termination |
| 3.1 |
4Players offers users the various types of membership packages with the following contract durations:
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| 3.2 | The scope of the services and the prices vary according to the selected package and according to the number of slots, file transfer properties and storage capacity. For descriptions of the services included in the various packages and their prices, see http://www.teamspeak-now.com. You can also view this information in the dialogue boxes during the booking process. |
| 3.3 | 4Players reserves the right to add to, alter or improve the services offered, as long as the user is not exposed to any unreasonable disadvantage through the changes. The scope of the service provided may be limited by the availability of any advance contracts (e.g. software manufacturer's licences). For this reason, the user shall not have any right to access specific modifications, additional tools or operating systems. |
| 3.4 |
The right of extraordinary termination of this agreement for a significant reason remains unaffected. 4Players shall have a serious reason inter alia in the following situations:
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| 3.5 | Where the right of extraordinary termination is exercised, all duties and claims arising under the contractual relationship shall become due immediately. The user shall bear all the costs for the winding up of the contractual relationship. The user shall have a right to prove that a lesser cost or damage was actually incurred. |
| 4. | User's Duties |
| 4.1 | The user shall observe the applicable general legal regulations when using 4Players' services and must not disseminate any illegal content or carry out any conduct which is in breach of rights of third parties (especially commercial protection rights, competition rights and general personal rights). In particular, the distribution of content inappropriate for young people, child pornography or content of a racist nature is prohibited. |
| 4.2 | When the user communicates content to the 4Players website, irrespective of the medium used (e.g. forum, chat), the user transfers the rights of use in the content to 4Players. For this reason, the user confirms that (s)he is the sole owner of the copyright in the content. |
| 4.3 | The user shall only use his/her login for personal use and ensure that third parties cannot access it. The user shall be responsible for ensuring the secrecy of his/her login data and its proper use. The user's login can be used from different computers, however, the user must not use his/her login data to access the services from multiple computers simultaneously. |
| 4.4 | The user shall not have the right to use any software, programs, mechanisms or other routines which may interrupt the 4Players website, services or systems. The user must not engage in any conduct which may lead to an unreasonable overloading of the system. |
| 4.5 | In cases of a breach of any of the duties arising out of clauses 4.1 - 4.3, 4Players shall have an immediate right to block the user's access without stating any reasons. 4Players expressly reserves the right to claim compensation for any loss. |
| 4.6 | Where 4Players becomes aware of any unauthorised conduct by a user, or where 4Players becomes aware of any alleged unauthorised conduct by a third party, 4Players shall, in accordance with the applicable legal regulations, forward the individual's personal data to the competent authority. Where legal regulations require that 4Players investigate the legality of the communication or conduct complained of, 4Players shall carry out an investigation accordingly. |
| 5. | Conditions of Payment and Invoicing |
| 5.1 | The user shall also be under an obligation to pay the fees due. The invoiced sums shall be calculated according to the price list current at the point of execution of the contract. The price list can be viewed at http://www.teamspeak-now.com . The total fee for the duration of the membership is payable and will be charged at the beginning of the membership period. |
| 5.2 | The data necessary for payment shall be provided by the user on execution of the contract. By giving his/her payment details, the user authorises 4Players to charge the fees due to the nominated PayPal account, credit card or using another selected payment method. |
| 5.3 | Any other costs which arise due to the user, such as processing costs e.g. for denied transfers or other problems due to insufficient funds on the user's account shall be covered by the user. 4Players shall charge the fees plus a EUR 5.00 processing fee to the user. Where lesser costs were, in fact incurred, the user may prove this. |
| 5.4 | Where the user is in default, 4Players may block the user's access. The block shall be removed as soon as the outstanding payments have been made to 4Players. The block shall not relieve the user of his/her duty to pay. |
| 5.5 | The invoice shall, where requested, be sent to the user electronically using the email address provided by the user. A paper invoice may be issued for a fee of EUR 5.00 per invoice. |
| 6. | Liability |
| 6.1 | The user shall indemnify 4Players against any claims brought by third parties due to unauthorised use of the services by the user. |
| 6.2 | The user shall take responsibility for any online conduct of third parties who (s)he knowingly or unknowingly, intentionally or unintentionally provided with access to his/her login data. The user shall be liable for any misuse and costs which arise from such unauthorised use of the user's login data. Where the user becomes aware of any unauthorised or illegal use of the 4Players website and/or services by third parties, the user shall report the misuse to 4Players immediately. This especially applies to revenue, purchases, additions to contracts and orders of additional paid content or offers. |
| 6.3 |
4Players shall not accept any liability for the misuse of a hired virtual server by third parties, nor for any resulting harm or loss or consequential damage. This especially applies to cases of hacking of the voice communication server or any interrupting, unauthorised or illegal conduct during the use of the TeamspeakNow server. 4Players may only be held liable for third party content where:
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| 6.4 | 4Players shall, in accordance with legal provisions, also be liable in cases of loss caused by intentional breach, claims arising from the Product Liability Act (Produkthaftungsgesetz) or in cases of breach resulting in personal injury, including harm to life, limb or health. In cases of loss caused by mere negligence by 4Players or 4Players' agents, 4Players shall only be liable in cases of a breach of an essential contractual duty ("cardinal duty") which is necessary for the proper performance of the contract or gives the contract efficacy and the breach of which may frustrate the contract and on which the user has reasonable reliance. In such a case, 4Players may only be held liable for reasonably foreseeable loss of a kind typical for this kind of contract. |
| 6.5 | 4Players guarantees an average annual availability of the virtual server of 98%. This does not apply to periods of time where the server is unavailable due to technical faults or other problems which do not lie within the sphere of influence of 4Players (acts of God, third party conduct, etc). Where the security or maintenance of network integrity is threatened, access to the services may be temporarily blocked. 4Players has the right to temporarily take the virtual dedicated server offline to carry out maintenance work and organisational work. 4Players shall provide 48 hours' prior notice. Notice is not required where the server is taken offline for a serious reason which makes a shut down necessary at short notice, or where it is necessary for the installation of updates and patches, especially for modifications or other 4Players software. 4Players informs the user that short interruptions may be experienced during the regular maintenance hours (daily between 4.00 am and 10.00 am) when the server is rebooted. |
| 6.6 | 4Players shall not be liable for any interruptions, limitations or slower performance, or delays and interruptions to services which are caused by reasons outside of their control. In particular, 4Players makes no guarantee of uninterrupted availability, the capability of making connections at any time or the constant maintenance of a specific data rate, nor the transmission of data via a specific network. |
| 6.7 | 4Players shall not accept any liability nor make any guarantee for third party software. 4Players merely informs the user that the software being used is manufactured by third parties and that 4Players does not have any influence on the functionality of the software. For this reason, 4Players shall not be under an obligation to advise the user of any faults, problems or concerns including instability in the software which may influence gaming or use of the third party software, nor to prevent such faults, problems or instability. This especially applies to the operating system and the Teamspeak software. |
| 7. | Privacy |
| 7.1 | Subject to the applicable legal regulations for the protection of privacy and personal information, 4Players may only store and use the user's personal information where legally obliged to do so or for the purposes of the performance of this contract, especially for the provision of services and carrying out of payment. |
| 7.2 | The user may request information regarding the personal information stored at any time. Furthermore, the user has the right to request that the data be deleted at any time, as long as they are not necessary for the performance of the contract between 4Players and the user. Generally, 4Players will automatically delete information which is no longer being used. |
| 7.3 | Cookies are used for part of the services offered by 4Players - they merely save session information and do not contain user data. Permanent third party cookies are only used for statistical purposes. Users may choose to block these cookies through their internet browser program. |
| 7.4 | The user agrees to allow 4Players to use and process personal information which was collected for the execution, adjustment or amendment of the contract between 4Players and the user for customer service, advertising, market research or to carry out user-tailored improvements to the service. The user may withdraw this consent at any time by notifying 4Players at payment@4players.de. |
| 8. | Final Provisions |
| 8.1 | The services and content offered by 4Players are protected by copyright. The user must not print or download this content to a private or commercial computer. Further use of the content such as copying, distributing or publishing is equally prohibited. |
| 8.2 | 4Players reserves the right to make amendments to these terms and conditions of use, as long as the amendments do not alter any of the key provisions of the contractual relationship and where they are made necessary by technical, legal, regulatory or calculative changes which are outside 4Players' control and are needed to restore or maintain the balance and performance of the contractual agreement. |
| 8.3 | The descriptions of services and prices agreed upon may be altered when required due to changing market conditions after the execution of the contract, including due to legal, regulatory or calculative changes which are outside 4Players' control, as long as the user is not subjected to any considerable disadvantage compared to the situation on execution of the agreement (e.g. improvements to the system to improve functionality). This is especially the case where technical improvements to the services owed under the agreement are available on the market or where third parties contracted by 4Players for advance services make changes to their prices. These changes in prices must not exceed the increases made by the subcontractors. |
| 8.4 | Except for the situations provided for by clauses 8.2 and 8.3, 4Players shall not make any changes to these terms and conditions without the user's consent. The user shall be deemed to have consented to changes where 4Players provides the user with reasonable notice of the changes via an appropriate medium (in writing or electronically) and the user does not refuse the changes within the period given within the notice. In the notification of amendments, 4Players shall be under an obligation to inform the user of the consequences of a failure to contest the changes within the notice period. |
| 8.5 | 4Players reserves the right to make changes to the prices of 4Players services in the case of changes to the value added tax rate or where new taxes, levies or fees are introduced in Germany which would affect the services offered by 4Players. The price rises may only be given effect from the point in time where the new taxes/levies/fees become effective and do not require the user's consent. These changes in prices must not exceed the increases caused by the new taxes/levies/fees. In such a case, the user shall not have a right of extraordinary termination. These provisions shall not apply to contracts for goods or services (except for cases of long-term debt) which are to be completed or provided within four months of execution of the contract. |
| 8.6 | The rights and duties arising out of this contract must not be assigned to third parties without the prior written consent of the other party. Notwithstanding this assignment prohibition, 4Players shall have a right to transfer this contract to another company connected to 4Players within the meaning of §§ 15 ff. AktG (Corporation Act). |
| 8.7 | If an individual term of this agreement is invalid or becomes invalid or is impossible to perform, this shall not affect the legal effect of the remaining provisions. In such a case, the parties shall replace the invalid or unperformable clause with a valid provision which matches the economical and liability-related purpose of the original clause. |
| 8.8 | The use of the 4Players website and services and this agreement shall be governed by German law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. |
| 8.9 | As far as is legally possible, Hamburg is designated as the sole place of performance for all mutually owed duties arising from this agreement, including any future return claims. |
| 8.10 | If the user is a business person, does not have a registered place of residence in Hamburg, moves his/her fixed place of residence or usual place of residence abroad after the execution of these terms and conditions or if the user's place of residence is unknown at the time of filing an action, the courts of Hamburg are hereby designated as the courts of jurisdiction for any controversy or dispute arising with regard to the use of the 4Players services or arising out of these terms and conditions. |
Updated: 22 November 2010
