AUDIODOO™ Terms and Conditions

TAC

These terms and conditions set out your rights and obligations in relation to the use of our services. They also contain information on Data Protection (Item 6). No conflicting terms and conditions shall have validity.
Your contractual partner is AUDIODOO™ (hereinafter referred to as 'AUDIODOO™' or 'we'). More detailed information about us can be found at the end of the text.

1.    AUDIODOO™ services, your log-in details

1.1.    Our services are available to any fully contractually capable person. Persons who are not contractually capable require the consent of a person legally authorised to represent them.

1.2.    The agreement governing the use of our services shall apply indefinitely; it serves as a framework agreement for all services used by yourself which you can access with your chosen log-in details (user name and password). The agreement shall commence when we activate your chosen log-in details. The agreement is not transferable; you may not pass on your log-in details to third parties.

1.3.    When you register, you are obliged to provide us with accurate and complete information about your identity, address, email address and - if required for invoicing purposes - bank details. It is not permitted to register using a pseudonym. During the period of your agreement, you must keep the details we hold on you up to date. You can make any changes in your account.

1.4.    In addition to your user name, please select a password. This password ought to be as secure as possible. Please take all necessary measures to keep your password secret and prevent its unauthorised use. Do not tell anyone your password. Our staff will not ask for your password.

1.5.    If you think that a third party has used your log-in details without authorisation, please inform our customer service immediately. If there is reasonable cause to suspect use of your log-in details by a third party, we shall be entitled to take necessary steps, including temporary blocking of access. If a third party uses your log-in details without authorisation as a result of your actions, you must pay compensation for the damages caused and any usage charges incurred.

2.    Information and communication

2.1.    We will keep you informed about topics of interest in connection with the use of our services, for example through email ort his website. You can also send questions to us using the contact form.

2.2.    From time to time we will send you important information about your agreement. We will normally send this information by e-mail to the e-mail address you provide. It is therefore important to make sure your e-mail address is up to date at all times and to check your e-mail account regularly as you would your mail at home. 

3.    Usage

3.1.    The features, technical requirements and - for services requiring payment - prices for your chosen services can be found in the product descriptions which you can view when you register for the relevant service and when using this service.

3.2.    We make every effort to avoid any restrictions, impairments, interrupts to connections or other curtailments of use of the services, so far as this is technically possible. Please note that, given the current state of communication technology, we cannot totally rule out the possibility of such curtailments occurring. This applies especially to content and transmission media which are beyond our control. In the event of curtailments resulting from our actions, our liability shall be as set out in Item 7 of these terms and conditions.

3.3.    Temporary usage restrictions are necessary in order for us to maintain and develop our services. We always endeavour to keep such restrictions as reasonable as possible. When usage will be restricted or interrupted because of maintenance or development work, we will give you as much advance notice as possible - for instance by e-mail or other electronic means (e.g. an announcement on the web pages).

3.4.    To protect our systems and third parties against harmful programs and content such as viruses, Trojan horses and spam, we may implement technical protective measures. This includes the use of filter systems, where this is appropriate, particularly for the protection of telecommunication and data processing systems.

4.    Invoicing

Our services are free of charge. Where there is a charge for a particular service, we will always make you aware of this before you begin using the service, and inform you of the prices and features. Details of the prices and features of products for which a charge applies are given in the product description of the relevant service.

5.    Legitimate use

5.1.    You may only use our services in such a way or for such a purpose that does not violate these terms and conditions and does not violate German law or the rights of third parties. Please note in particular:

- The dissemination of racist or pornographic content, content which glorifies or trivialises violence, and immoral content is prohibited. The dissemination of information which could harm or impair the development or upbringing of children or young people or which violates human dignity or other interests protected by the German Criminal Code is also prohibited. You may not incite others to criminal acts or produce or disseminate instructions for criminal acts.

- It is forbidden to defame, harass, libel or threaten other users.

- You must not violate copyright, trademark law or other property rights of third parties through your use of the service.

- You must not disseminate unsolicited mass mailings (spam or junk e-mail). You must ensure that your use of individual functionalities does not result in a nuisance to Audiodoo, other service providers, networks or any other third parties.


5.2.    If you culpably violate these terms and conditions or applicable law, we may take the necessary steps. In the case of minor infringements, this may be limited to a notification that you have violated the terms and conditions, legal requirements or obligation to exercise consideration. Serious infringements may lead to the user being temporarily or fully barred from using certain features or from logging in or even to instant termination of this agreement.

5.3.    We shall be entitled to block content you have created if there are reasonable grounds to suspect that this content is in breach of legal provisions and/or these terms and conditions or violates the rights of third parties. In particular, reasonable grounds for suspicion shall be considered to exist if you become the subject of an official or criminal investigation in relation to content you have created. We shall be entitled to continue blocking content until any suspicious circumstances have been clarified. We reserve the right to examine and if necessary reject any content that you provide in publicly accessible areas before releasing it.

6.    Use of your personal data

6.1.    We will use your personal data only for the purposes of the provision, use and invoicing of our services, unless there are legal grounds for making additional use of this data or we have your express permission to make such additional use of your data.

6.2.    We will only store your personal data for as long as is permitted by law. We will delete your personal data no later than six months after the agreement is terminated. The reason we retain a record of your name for a longer period is to prevent unauthorised persons from using your details to register with AUDIODOO™. If you do not wish your data to be stored for this longer period, you may veto its storage, even after the contractual relationship has come to an end. To do this, please send an e-mail to fun@audiodoo.com.

6.3.    In order to provide you with an optimum registration and usage experience, we use cookies, amongst other techniques, to collect, process and use data.

7.    Liability

7.1.    We accept liability for any culpable violation of fundamental contractual obligations and also in the event of legally warranted properties being offered (§ 443 of the German Civil Code) in accordance with legal provisions. In the case of damages resulting from the lack of agreed properties, we shall only accept liability to the extent that such damages would have been covered by any such agreement. In all other cases, we shall only accept liability if the damage was caused by gross negligence or a deliberate act.

7.2.    As an exception to Item 7.1 we disclaim liability for damages caused by minor negligence on our part in relation to services which we provide free of charge.

7.3.    Liability for damages in relation to death, physical injury or damage to health, and liability in accordance with the German Product Liability Act are not affected by these regulations.

8.    Termination of the agreement

8.1.    You may terminate this agreement by giving notice of two weeks. To terminate the agreement, please contact our Service department at the address below or send an email to fun@audiodoo.de

8.2.    We have the right to terminate the agreement with you without notice if you culpably violate these terms and conditions or applicable legislation and we can no longer be expected to reasonably adhere to the agreement. We are also entitled to a statutory notice of termination by giving two weeks' notice to terminate your agreement. The notice of termination will be sent by email to the email address you provide.

8.3.    If we terminate the agreement, you will only be able to re-register for our services with our express consent. AUDIODOO™ users are not permitted to grant access to our services or products to former AUDIODOO™ users to whom we have sent a notice of termination.

8.4.    Please note that once the termination becomes effective, you will no longer be able to use our services. When the agreement comes to an end, we will initially block content you have stored. The content will be deleted within the six months after the agreement comes to an end.

8.5.    This does not affect your right to terminate the agreement on compelling grounds.

9.    Changes to the terms and conditions, changes to features 

9.1.    In view of the constant state of change of Internet-based services, we reserve the right to modify our terms and conditions, features and prices so long as these changes are reasonable from your point of view while taking our interests into account; this shall apply particularly if the changes do not result in any fundamental legal or economic disadvantage to you, for example in the event of changes to the registration process, changes to contact information or the inclusion of additional services.

9.2.    We will give you adequate notice of any important changes to these terms and conditions or to features or prices, at least one month before the intended changes are to take effect. This information will be sent by email to the email address you provide.

9.3.    If you do not agree with a change we intend to make as described in Item 9.2, you have the right to object to it within one month of receiving the information. If you do not make use of your right to object within one month of receiving the information, we will consider your consent to the intended change as being granted. We will expressly draw your attention to this consequence in our email as described in Item 9.1.

 

Your contractual partner:

AUDIODOO™
Marc-Nicolas Oerke
Hüttborn 17
22956 Grönwohld
Phone: +49 1212 – 523 964 018
Fax: +49 1212 – 523 964 018
fun@audiodoo.de  

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