PROVIDER OF THE SERVICES, SCOPE OF APPLICATION
The services (the “Services”) provided on or from or through the BOBMOB.GG website (the “Website”) are offered by vAudience GmbH (“vAudience”).
These Terms of Service apply to all contracts between vAudience and the users of our Services. By registering for, accessing or using our Services in any way, you acknowledge that you agree to these Terms of Service. vAudience offers the Services only to consumers. A consumer is any natural person who enters into a legal transaction for a purpose that cannot be attributed to his or her commercial or freelance professional activity. The use of our Services for commercial purposes is prohibited.
ACCOUNTS, CONCLUSION OF THE CONTRACT
In order to access our Services you have to enter into an agreement with vAudience. This requires that you set up an account (vAudience Account).
Registration and Log-in with Third-Party Social Networks
You can register for and log into our Service by using your account with certain third party social networks such as Twitch, Facebook or Google allowing vAudience to access your third party account, as permitted under the applicable terms and conditions for the use of your third-party account and linking your vAudience Account with the third-party account. If you register and log in via such third party account, your profile information for the third party account will be used by vAudience in order to provide your BOBMOB.GG Account.
SERVICES / CONTENT / SCOPE OF USE
All content on our Website (Content) is either owned by or licensed to vAudience, and is subject to copyright, trademark rights, and other intellectual property rights of vAudience and vAudience’s licensors. You are granted a limited, non-transferable, non-sublicensable license to access and use the content and our Services for your non-commercial use only.
You agree not to access Content for any reason other than your personal, non-commercial use solely as intended through and permitted by the normal functionality of our Service.
OBLIGATIONS OF THE USER / CODE OF CONDUCT
You undertake to comply with the laws and regulations applicable to you when using the Services. Furthermore, you undertake to refrain from the following actions:
violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;
violate any privacy rights or personal rights of others;
act in an unlawful, libelous, abusive, obscene, discriminatory, extremist, unethical, pornographic, harmful to minors or otherwise objectionable manner or glorify violence or war;
insult, harass, threaten, frighten, defame, abuse or defraud other users of BOBMOB.GG or any other third party.
You undertake to provide accurate, current and complete information as prompted by any registration forms to set up a BOBMOB.GG Account.
You agree to keep strictly confidential the access data (login data, passwords, etc.) required to setup and access your BOBMOB.GG Account and not to disclose them to any third party. You are fully responsible for all use of your BOBMOB.GG Account and for any actions that take place using your account.
You will inform vAudience immediately as soon as you become aware that unauthorized third parties have knowledge of your access data. You are aware, that for security reasons access data should be changed regularly. In case of a justifiable suspicion that access data are known to unauthorized third parties, vAudience has the right to change the access data at its own discretion without prior notification or to block the account. In this case, vAudience informs you immediately and provides you with the new access data within a reasonable time. You cannot claim the original access data to be restored.
TERMINATION OF THE AGREEMENT
You can terminate your Free-Account-Agreement at any time by sending an email to firstname.lastname@example.org.
EXCLUSION OF WARRANTIES
Nothing in these Terms of Service shall affect any statutory rights that you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
Our Service is provided “as is” and vAudience makes no warranty or representation to you with respect to them.
In particular vAudience does not represent or warrant to you that:
- your use of our Services will meet your requirements,
- your use of our Services will be uninterrupted, timely, secure or free from error,
- any information obtained by you as a result of your use of our Services will be accurate or reliable, and
- that defects in the operation or functionality of any software provided to you as part of our Services will be corrected.
As far as vAudience offers Services free of charge, vAudience shall only be liable for intentionally caused damage or damaged caused by gross negligence. This, however, does not apply to liability regarding loss of life, bodily injury or damage to health, or the assumption of a guarantee offered by vAudience.
As far as vAudience renders Services in return for payment, vAudience shall assume liability for damage caused by intent and gross negligence without limitation. In the event of simple negligence, vAudience shall only be liable for breaches to substantial contract stipulations or breaches of a guarantee. Substantial contractual stipulations include those that enable the contract to be properly executed and on which fulfillment the User may rely. The above limitations of liability do not apply to liability regarding loss life, bodily injury or damage to health, or the assumption of a guarantee offered by vAudience. vAudience’s liability regarding the product liability act or other mandatory legal provisions remains unaffected.
In the event of simple negligence the obligation to pay damages or compensation is limited to foreseeable damage, typical for the type of contract.
Depending on the extent, the foreseeable damage or loss is limited to €1 per account.
The above stated exclusions or restrictions shall also apply with regard to the liability of staff, employees, representatives and/or agents of vAudience, especially for the benefit of shareholders, employees, representatives, company bodies and their members with regard to their personal liability.
vAudience expressly distances itself from the content of all websites, to which direct or indirect reference (“links”) is made from within the Services offered by vAudience. vAudience is in no way whatsoever liable for such content or websites. The providers of the respective sites are responsible for their content.
APPLICABLE LAW AND MISCELLANEOUS
Contracts including these Terms of Service are subject to the law of the Federal Republic of Germany, to the exclusion of the UN Sales Law and to the exclusion of the German international private Law. If agreements cover a purpose that cannot be attributed to the professional or commercial activity of the entitled party (consumer), this choice of law only applies in as much as the protection afforded is not withdrawn by mandatory regulations of the country in which the consumer has his/her ordinary residence.
The invalidity of single clauses of these Terms of Service shall not affect the validity of the overall agreement.