Terms and Conditions Governing Use of BOBMOB
Notes on dispute resolution:
You will find the EU Commission’s online dispute resolution platform here:
Our e-mail address is email@example.com
We are neither willing nor required to participate in dispute resolution proceedings before a consumer mediation board.
Sec. 1 Subject-matter of agreement, scope
VAUDIENCE GmbH, represented by its managing director Dr. Toni Wagner, Friedrich-Bergius-Ring 15, 97076 Würzburg, hereinafter “VAUDIENCE”, offers Users registered on its website www.BOBMOB.gg the ability to meet in a virtual location with other Users as part of an electronic fan community to take part in eSports and gaming streams.
These General Terms and Conditions of Business shall govern exclusively. Any terms and conditions of the User which are in conflict with or which depart from these Terms and Conditions are not acknowledged except where VAUDIENCE has expressly consented to them in an individual case.
Sec. 2 Amendments
VAUDIENCE reserves the right to amend these General Terms and Conditions of Business at any time without the need to indicate reasons for this. VAUDIENCE shall notify Users of the amendment of the General Terms and Conditions of Business no later than four weeks before the amended Terms and Conditions enter into force and shall forward them to the User. Where the User does not object to the amended Terms and Conditions within 2 weeks from his or her receipt of the notice of amendment, the amended Terms and Conditions shall be deemed accepted by the User. Where the User asserts a timely objection to the amended Terms and Conditions, VAUDIENCE shall be entitled to terminate the agreement effective as of the date on which the amended General Terms and Conditions were to enter into force or to continue the contract on the previous Terms and Conditions.
Sec. 3 Registration
In order to use the services offered by VAUDIENCE, the User must initially carry out registration.
A registration is only possible by using a Twicht account.
The User Agreement is formed when the user completes the registration.
Sec. 4 Use of BOBMOB
By concluding an agreement on use, the User is granted a limited licence to use the services offered on BOBMOB, which is non-exclusive, non-transferable, non-sub-licensable and revocable by VAUDIENCE.
The User is prohibited from using his or her account for commercial purposes, and in particular for any advertising purposes.
The User undertakes that he or she shall use VAUDIENCE’s services only for the contractually permitted purposes and shall not infringe on third-party rights or violate any legal rules.
The User hereby acknowledges he shall receive a licence, which is non-exclusive and not sub-licensable, to the virtual goods which are provided to him or her free-of-charge or which he or she purchases by means of virtual currency for the duration of the agreement on use.
The User bears sole responsibility for his or her communications with other Users via the services of BOBMOB.
Where the User makes use of virtual currency (see sec. 6) to purchase virtual items via BOBMOB, then that purchase is deemed final and shall not be subject to any refunds.
Sec. 5 Blocking of Users, termination
VAUDIENCE may block the User account of any User where such User violates these GTCs or other applicable law.
VAUDIENCE may, in particular, block a User if the User violates the rights of third parties, misuses the services of VAUDIENCE or where other good cause to do so is present.
The User Agreement may be terminated at any time without the need to observe any notice period and the User’s account may be deleted at any time.
Where VAUDIENCE blocks or terminates a User’s account, that User shall have no right to re-register.
Sec. 6 Purchase of virtual currency
Users have the ability to purchase virtual currency (“Credits”) on the website www.BOBMOB.gg, which they may then use as a means of payment for virtual goods on the platform.
The offers made by VAUDIENCE on its website are binding offers to enter into purchase agreements. A valid purchase agreement between the parties is deemed formed when the User clicks on “pay now” at the end of the order process.
The text of the agreement and the General Terms and Conditions of Business are forwarded to the User by e-mail following his or her order. In addition, the User may download his or her respective orders at any time after contracting via his/her User account.
All prices are quoted as gross prices in euro.
Following payment of the purchase price, the Credits the User has purchased are immediately credited to the User’s account. However, before the User is able to use them, he or she must either first await the expiry of the revocation period or expressly consent to early termination of his or her right of revocation. However, the User’s attention is separately drawn to this and his or her consent will be separately obtained.
As a general principle, VAUDIENCE shall bear liability as provided under the legal rules of the law governing the purchase and sale of goods (secs. 434 ff. German Civil Code) and consumer goods law (secs. 474 ff. German Civil Code) except where these GTCs otherwise provide.
In cases governed by sec. 448 (1) (3) German Civil Code, the statutory two-year warranty period shall apply.
As a general rule, VAUDIENCE shall bear no liability for losses caused through slight negligence.
The limitations on liability under sub-paragraphs 7 and 8 shall not apply to losses arising from injury to life, limb or health, in cases of fraudulent concealment of defects, claims under product liability law, in cases of intentional acts and gross negligence and in cases involving breaches of duties the discharge of which constitutes a sine qua non to due and proper performance of the agreement and on compliance with which customers are ordinarily entitled to rely.
Sec. 7 Availability of platform
VAUDIENCE disclaims liability for claims arising from the fact that its Internet platform is temporarily unavailable to Users, in particular due to maintenance work, provided that the downtime does not exceed a total period of more than 1% of any year per calendar year and in cases of longer downtimes, where there has been no intentional act or gross negligence.
Sec. 8 Final provisions
Contracts are formed solely in English.
If one or more of the terms of these Terms and Conditions Governing Use are deemed invalid in whole or in part, this shall not affect the validity of the remaining terms hereof.
Version of: 23.02.2017