From mboxrd@z Thu Jan 1 00:00:00 1970 Return-Path: Received: from lists.gentoo.org (pigeon.gentoo.org [208.92.234.80]) (using TLSv1.2 with cipher ECDHE-RSA-AES256-GCM-SHA384 (256/256 bits)) (No client certificate requested) by finch.gentoo.org (Postfix) with ESMTPS id 2E8FF138359 for ; Thu, 27 Aug 2020 15:07:54 +0000 (UTC) Received: from pigeon.gentoo.org (localhost [127.0.0.1]) by pigeon.gentoo.org (Postfix) with SMTP id 16AB3E0B64; Thu, 27 Aug 2020 15:07:35 +0000 (UTC) Received: from smtp.gentoo.org (mail.gentoo.org [IPv6:2001:470:ea4a:1:5054:ff:fec7:86e4]) (using TLSv1.2 with cipher ECDHE-RSA-AES128-GCM-SHA256 (128/128 bits)) (No client certificate requested) by pigeon.gentoo.org (Postfix) with ESMTPS id E2059E0B54 for ; Thu, 27 Aug 2020 15:07:34 +0000 (UTC) Received: from oystercatcher.gentoo.org (oystercatcher.gentoo.org [148.251.78.52]) (using TLSv1.2 with cipher ECDHE-RSA-AES128-GCM-SHA256 (128/128 bits)) (No client certificate requested) by smtp.gentoo.org (Postfix) with ESMTPS id 9C54E33BE3A for ; Thu, 27 Aug 2020 15:07:33 +0000 (UTC) Received: from localhost.localdomain (localhost [IPv6:::1]) by oystercatcher.gentoo.org (Postfix) with ESMTP id 0AF0A2EE for ; Thu, 27 Aug 2020 15:07:32 +0000 (UTC) From: "Conrad Kostecki" To: gentoo-commits@lists.gentoo.org Content-Transfer-Encoding: 8bit Content-type: text/plain; charset=UTF-8 Reply-To: gentoo-dev@lists.gentoo.org, "Conrad Kostecki" Message-ID: <1598540813.81be43f05394379a1c328f907a3eeb9ddcf5981c.conikost@gentoo> Subject: [gentoo-commits] repo/gentoo:master commit in: licenses/ X-VCS-Repository: repo/gentoo X-VCS-Files: licenses/teamspeak5 X-VCS-Directories: licenses/ X-VCS-Committer: conikost X-VCS-Committer-Name: Conrad Kostecki X-VCS-Revision: 81be43f05394379a1c328f907a3eeb9ddcf5981c X-VCS-Branch: master Date: Thu, 27 Aug 2020 15:07:32 +0000 (UTC) Precedence: bulk List-Post: List-Help: List-Unsubscribe: List-Subscribe: List-Id: Gentoo Linux mail X-BeenThere: gentoo-commits@lists.gentoo.org X-Auto-Response-Suppress: DR, RN, NRN, OOF, AutoReply X-Archives-Salt: dc0b94e1-b6e8-4037-9d7b-0a1fd43bf298 X-Archives-Hash: 2a58224ccc78081a0868fbfbcf4c5175 commit: 81be43f05394379a1c328f907a3eeb9ddcf5981c Author: Conrad Kostecki gentoo org> AuthorDate: Thu Aug 27 14:02:56 2020 +0000 Commit: Conrad Kostecki gentoo org> CommitDate: Thu Aug 27 15:06:53 2020 +0000 URL: https://gitweb.gentoo.org/repo/gentoo.git/commit/?id=81be43f0 licenses/teamspeak5: add license for media-sound/teamspeak-client:5 Signed-off-by: Conrad Kostecki gentoo.org> licenses/teamspeak5 | 1884 +++++++++++++++++++++++++++++++++++++++++++++++++++ 1 file changed, 1884 insertions(+) diff --git a/licenses/teamspeak5 b/licenses/teamspeak5 new file mode 100644 index 00000000000..a3f00ba0ac3 --- /dev/null +++ b/licenses/teamspeak5 @@ -0,0 +1,1884 @@ +Privacy Statement + + + 1. Scope of application + +1.1 Below you will find information about the collection, storage and +processing of personal data when using the services of TeamSpeak Systems +Inc., PO Box 211180, Chula Vista, CA, 91921 USA (hereinafter referred to +as TeamSpeak USA) and TeamSpeak Systems GmbH, Soiernstr. 1, 82494 Krün, +are entered in the commercial register of the Munich Local Court under +the registration number HRB 172523 (hereinafter referred to as TeamSpeak +DE; hereinafter referred to both companies jointly as TeamSpeak) under +the domains teamspeak.com, teamspeakusa.com and myteamspeak.com +(hereinafter referred to collectively as "Teamspeak.com" and the latter +as "Myteamspeak.com" and all three collectively referred to as +"Website(s)"), which may also be accessed as a mobile version. This +applies in particular - but not exclusively - to the download of the +software solutions "TS3 Client", "TeamSpeak 3 SDK" and "TS5 Client" +(hereinafter jointly referred to as "Software Solutions"), the +downloading and use of the "TS3 Client" and "TS5 Client" (for PC or +mobile devices), participation in the Forum and the uploading and +downloading of TeamSpeak's own software programs that are compatible +with TeamSpeak's software solutions and released by TeamSpeak +(hereinafter referred to as "Add Ons"). + +1.2 Personal data are all data which can be traced back to you +personally, i.e. which 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 Service provider according to § 7 Abs. 1 TMG is TeamSpeak USA. +Responsible body according to art. 4 no. 7 DSGVO i.V.m. Art. 26 para. 1 +p. 1 DSGVO is TeamSpeak. + +2.2 The websites operated by TeamSpeak USA contain links which, when +activated, will take you to the websites of third parties. TeamSpeak USA +expressly 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 USA has no influence on this. + + +3. Information + +3.1 You have the right to request detailed information from TeamSpeak +USA at any time about the personal data stored and processed about you +and its origin, the purpose of storage and processing and the recipients +or categories of recipients to whom such data will be disclosed. + +3.2 Please send your request for information by e-mail to +privacy@teamspeak.com or by e-mail, telephone, post or fax to the +contact details provided in the imprint on the websites operated by +TeamSpeak USA. + + +4. Revocation + +4.1 You can revoke your consent to the storage, collection and +processing of your personal data at any time. + +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 provided on the +websites operated by TeamSpeak USA. + + +5. Use of cookies + +5.1 When using the websites operated by TeamSpeak USA, cookies are +stored on your computer, even if they are used for purely informational +purposes on the websites operated by TeamSpeak USA. + +5.2 Cookies are small text files that are stored on your hard drive, +assigned to the browser you are using, and through which certain +information is transmitted to the location that sets the cookie. Cookies +cannot execute programs and, above all, cannot transmit viruses to your +computer. Cookies are used in particular to make the websites operated +by TeamSpeak USA more user-friendly. + +5.3 If you have a user account for the websites operated by TeamSpeak +USA, cookies are used in particular to identify you for subsequent +visits to the websites operated by TeamSpeak USA. This prevents you from +having to log in again for each visit. + +5.4 The websites operated by TeamSpeak USA use the following types of +cookies: + + * Transient cookies, i.e. with temporary use + * Persistent cookies, i.e. with a limited period of use + * Third party cookies, i.e. cookies from third parties + +5.5 Transient cookies are deleted as soon as you close your browser. +These include in particular the so-called session cookies. Session +cookies store a session ID that allows your browser's requests to be +associated with the session, so that your computer can be recognized by +the system when you return to the website operated by TeamSpeak USA. As +soon as you log out or close your browser, all session cookies are +automatically deleted. + +5.6 Persistent cookies will only be deleted after a period of time that +is dependent on the respective cookie and extends beyond the session, +but no later than two months after the cookie has been set. You can +delete these cookies at any time automatically in the security settings +of your browser. + +5.7 In your browser settings you can adjust the use of cookies +individually and also prevent them completely. In particular, you can +also completely prevent the use of third party cookies. In this case, +however, you may not be able to use all the features of the websites +operated by TeamSpeak USA. + +5.8 The information stored via cookies is stored separately from and not +linked to your other personal data. + +5.9 TeamSpeak USA would like to point out that third-party providers who +collect data using cookies also use data about the use of websites +operated by TeamSpeak USA for user-generated advertising on other +websites. TeamSpeak USA has no influence on this data collection. + + +6. Informational use of the websites operated by TeamSpeak USA + +6.1 For purely informational use of the websites operated by TeamSpeak +USA, TeamSpeak USA collects only the data transmitted by your browser, +which is this: + + * Your IP address + * Date, time, and duration of your visit to the respective TeamSpeak + USA Web site + * Your user behavior, i.e., your visit to the respective website + operated by TeamSpeak USA, subpages of the websites operated by + TeamSpeak USA, and the order of your visits, clicks made, and time + spent on individual pages and subpages + * Time zone difference to Greenwich Mean Time + * The access status / http status code + * Concrete amounts of data transferred + * Operating system and its interface + * Browser as well as language and version of the browser software + * The website from which the request originates + +When using a mobile device, the following data is also stored: + + * Type of mobile device and its settings + * Your location from which you access the TeamSpeak USA Web site. + +6.2 You are deemed to be using the TeamSpeak USA Websites for +informational purposes only if you do not sign up for a customer +account, forum account or developer account, download the software +solutions or the TeamSpeak Software Client, upload or download add-ons, +submit a request through the TeamSpeak USA Websites or otherwise submit +personal information to TeamSpeak USA. + + +7. Data collection when purchasing licenses for software solutions + via Teamspeak.com + +7.1 If you wish to purchase licenses for the software solutions or other +services from TeamSpeak USA through the TeamSpeak USA Websites, you must +create a customer account. An order without an existing or new customer +account is not possible. + +7.2 When you register for a User Account, the data you enter during the +registration process will be stored, subject to TeamSpeak USA deleting +your User Account at any time upon your request. + +7.3 The data transmitted by you will be used in particular for the +mutual fulfilment of the contract. For this purpose, your data may also +be passed on to the partners required to fulfil the contract. This is in +particular the payment service provider PayPal Inc, 2211 North First +Street, 95131 San José, California, USA (hereinafter referred to as +"PayPal"). You can find further information on the transfer of your +personal data to third parties under section 15 of this data protection +declaration. + +7.4 TeamSpeak USA also uses your personal data for marketing and +advertising purposes for TeamSpeak services. Without your specific +consent, however, TeamSpeak will only send you information about +TeamSpeak's services that is similar to the services you have used. + +7.5 You have the right at any time to have your account deleted by +TeamSpeak USA by sending a request to that effect to the e-mail address +privacy@teamspeak.com or the data specified in the imprint of the +TeamSpeak USA website. In the event that your user account is deleted at +your request, your data will be deleted immediately as soon as it is no +longer required to fulfill the contract and TeamSpeak USA is not legally +obliged to store it. + +7.6 In order to prevent unauthorized access by third parties to your +personal data, in particular financial data, the order process is +encrypted using SSL technology. + + +8. Data collection when downloading the TS3 client and the TS5 client + +8.1 In the case of downloading a version of the TS3 Client and TS5 +Client for PC and Mac, Clauses 5 and 6 and 7.2 to 7.6 of this Privacy +Policy shall apply mutatis mutandis. TeamSpeak USA does not collect, +store or process any additional personal data from you during download. + +8.2 If you download a version of the TS3 Client and TS5 Clients for +mobile devices, you will be directed to the Apple AppStore (for the iOS +version) or the Android Market (for the Android version) of a third +party website. + +8.2.1 For the collection, storage and processing of personal data by +TeamSpeak USA, Clauses 5 and 6 and 7.2 to 7.6 of this Privacy Policy +shall apply mutatis mutandis. During the download, TeamSpeak USA does +not collect, store or use any additional personal information about you. + +8.2.2 The third party provider collects, stores and uses personal data +from you. Please refer to the third-party provider's website for +information about the collection, storage and use of personal data by +the third party, as TeamSpeak USA has no control over such collection, +storage and use. + + +9. Data collection, storage and processing when using the TS3 client + and TS5 client (PC/Mac) + +9.1 TeamSpeak USA collects, stores and processes the following personal +data from you when using the TS3 Client and TS5 Client for the PC/Mac: + + * IP address + * Information on the operating system used (32 bit or 64 bit) + * User behaviour (in particular buttons and menu items pressed) + * Crash Report, if you send such a report to TeamSpeak USA (program + lines, disruptive incident, essential data of the hardware used) + +9.2 TeamSpeak USA uses this data solely for quality control purposes and +for the further development of the software solutions as well as the TS3 +client and the TS5 client. The data referred to in Section 9.1 of this +Privacy Policy will not be linked or otherwise associated with any other +data stored about you. The data will be anonymised for further +processing immediately after collection. + +9.3 If you do not consent to the collection, storage and processing of +the data referred to in Section 9.1 of this Privacy Policy, you can +exclude this in the field marked "Anonymous Statistics". To access this +field, follow the menu items "Settings", "Options" and then "Applications". + +9.4 You may at any time object to the collection, storage and processing +of the data referred to in Section 9.1 at any time. Please send your +objection by e-mail to privacy@teamspeak.com or object by e-mail, +telephone, post or fax using the information provided in the imprint of +the web pages operated by TeamSpeak USA. All data that can be traced +back to you personally will be deleted immediately in the event of an +objection. + +9.5 The sending of a crash report in the event of a fault is voluntary +and requires your separate consent to the collection, storage and +processing of data, which is separately requested by you before the +crash report is sent. In the event that a crash report is sent, sections +9.2 and 9.4 of this Privacy Policy shall apply mutatis mutandis. + + +10. Server rent + +10.1 TeamSpeak USA exclusively arranges the rental of server space from +third-party providers. + +10.2 Clauses 5 and 6 as well as 7.2 to 7.6 of this data protection +declaration shall apply accordingly. TeamSpeak USA itself does not +collect, store or process any additional personal data about you when +arranging the server rental. + +10.3 TeamSpeak has no influence on the collection, storage and +processing of personal data by the third party provider. Therefore, +please inform yourself about the collection, storage and processing of +personal data by the third party provider. + + +11. Use of the forum + +11.1 The TeamSpeak Forum can be read without requiring registration. In +this case, the use of the websites operated by TeamSpeak USA is for +informational purposes only (see section 6 of this Privacy Policy). + +11.2 In order to actively participate in the forum, you must register +and create a forum account. When you register, you must enter a user +name, password, date of birth and e-mail address. There is no obligation +to use a clear name, use under a pseudonymous user name is possible. + +11.3 TeamSpeak USA uses the so-called double opt-in procedure for +registration, i.e. your registration is not completed until you have +previously confirmed your registration by clicking on the link contained +in an e-mail sent to you for this purpose. If your confirmation is not +received in time, your registration will automatically be deleted from +the database. + +11.4 The information you provide during registration will be stored by +TeamSpeak USA and linked to the content you publish, which will also be +stored by TeamSpeak USA. This data will only be used to operate the +forum and to process the contract concluded with you regarding the use +of the forum. + +11.5 TeamSpeak USA may at any time ask you to have your forum account +deleted by TeamSpeak USA by sending an e-mail to privacy@teamspeak.com +or by providing the information specified in Teamsspeak.com's imprint. +In this case, the personal data stored on your forum account will be +deleted immediately as soon as they are no longer required for +processing the contractual relationship regarding the use of the forum +and TeamSpeak USA is not legally obliged to store them. Posts published +by you will be displayed anonymously after successful deletion of your +forum account under the "Guest" flag. + + +12. Uploading and downloading add-ons + +12.1 Uploading Add Ons requires registration for a customer account as a +Developer (hereinafter referred to as "Developer Account"). + +12.1.1 During the registration process, email address, name and +telephone number shall be provided and transmitted to TeamSpeak USA. + +12.1.2 The data provided by you during the registration process will be +stored subject to immediate deletion by TeamSpeak USA in response to +your request for deletion at any time. + +12.1.3 The data provided during the registration process will be used +for the performance of the contract by both parties and to enforce any +claims against you (in particular if the add-ons uploaded by you violate +applicable law or the General Terms and Conditions). + +12.1.4 TeamSpeak USA will also use the information provided during the +registration process for marketing and promotional purposes regarding +TeamSpeak's services. However, without your specific consent, TeamSpeak +USA will only send you information about services that are similar to +the services you are receiving for this purpose. + +12.1.5 You have the right at any time to have your Developer Account +deleted by sending a request to that effect to the e-mail address +privacy@teamspeak.com or the data specified in the imprint of the +websites operated by TeamSpeak USA. In the event that your Developer +Account is deleted upon your request, your data will be deleted +immediately as soon as it is no longer required for mutual contract +fulfillment and TeamSpeak USA is not legally obliged to store it. + +12.2 Registration is not required for the purpose of downloading Add +Ons. Clauses 5 and 6 of this data protection declaration shall apply +mutatis mutandis. + + +13. Use of the online inquiry; order by e-mail, fax or telephone + +13.1 You also have the opportunity to contact TeamSpeak USA online +through your customer account and by telephone and email. + +13.2 The data you send or provide will be used to respond to your +inquiry and to contact you by telephone or e-mail and, where +appropriate, for the performance of the contract by both parties. If +your data is also used for the purpose of mutual contract fulfilment, +clauses 5 and 6 of this data protection declaration apply accordingly. + + +14. Social networks and third-party services + +14.1 TeamSpeak USA uses social media plug-ins from the social networks +Facebook, Google+, Twitter, Twitch, Instagram and YouTube on the +websites operated by TeamSpeak USA. + +14.2 Without you clicking on the button of a plug-in, no personal data +will be transmitted to the providers of these plug-ins, regardless of +whether you place an order or not. + +14.3 If you press the button of a plug-in, personal data is +automatically transmitted to the provider of the plug-in and can be +stored and used by the latter. Please note that this can take place +abroad, i.e. in particular in the United States of America. + +14.4 TeamSpeak has no complete knowledge of the type and scope of data +collection and its use and processing and cannot influence these. + +14.5 If you activate a Plug-In, the Plug-In Provider will be notified +that you have activated the Plug-In Provider on the relevant TeamSpeak +USA web page or subpage of the relevant TeamSpeak USA web page. In +addition, the information specified in section 6 of this Privacy Policy +will be transmitted to the plug-in provider. According to the plug-in +provider's own information, in the case of Facebook in Germany only an +anonymous IP address is collected and transmitted. + +14.5.1 The data collection and transmission referred to in Section 14.5 +of this Privacy Policy shall take place regardless of whether you have a +user account with the respective plug-in provider or not. If you have a +user account with the respective plug-in provider and you are logged in +to this user account at the time you click on the respective plug-in, +the data transmitted to the respective plug-in provider will be assigned +directly to your user account. If you confirm the activated plug-in and, +for example, link the page, the plug-in provider also stores this +information in your user account and can also publicly communicate this +to your contacts. To prevent assignment to your user account with the +respective plug-in provider, you should log out of your user account +with the respective plug-in provider before clicking on the plug-in on +the websites operated by TeamSpeak USA. + +14.5.2 The respective plug-in provider stores the data transmitted to +it, regardless of whether you are also logged in to your user account +with the respective plug-in provider, usually as user profiles which are +used, for example, for the following purposes: + + * Demand-oriented advertising + * market research + * Optimisation of the Plug-In provider's Internet pages according to + requirements + * Inform other members of the social network about your activities on + the websites operated by TeamSpeak USA. + +14.6 You are entitled to object to the creation of user profiles with +the data collected about you. To do this, contact the respective plug-in +provider. TeamSpeak has no control over, and is not responsible for, +compliance with your objection. + +14.7 Further information on this and your rights in this regard can be +found in the data protection declarations of the plug-in providers as +the responsible bodies, which you can access as follows: + +14.7.1 Facebook Inc., 1601 S California Ave, Palo Alto, California 94304 +USA – https://www.facebook.com/policy.php + + +14.7.2 Google+: Google Inc., 1600 Amphitheater Parkway, Mountain View, +California 94103 USA – https://www.google.com/policies/privacy/partners + + +14.7.3 Twitter: Twitter, Inc. 1355 Market St., Suite 900, San Francisco, +California 94103 USA – https://twitter.com/privacy + + +14.7.4 YouTube: YouTube, LLC (Google Inc.), 901 Cherry Ave, San Bruno, +CA 94066 USA – https://policies.google.com/privacy + + +14.7.5 Twitch: Twitch Interactive, Inc., 350 Bush Street, 2^nd Floor, +San Francisco, CA 94104 USA – +https://www.twitch.tv/p/legal/privacy-notice/ + + +14.7.6 Instagram: Instagram LLC, 1601 Willow Road, Menlo Park, CA 94025 +USA – https://help.instagram.com/155833707900388 + + + +15. Data transfer to third parties + +15.1 TeamSpeak may disclose your personal data to third parties if +contractually agreed services and terms are offered jointly with the +third party provider or include the third party provider's services. In +this case, TeamSpeak will inform you of the transfer of the data to the +third party during the ordering process. + +15.2 TeamSpeak shall also process the data via external service providers. + +15.2.1 These external service providers shall be carefully selected by +TeamSpeak and commissioned in writing. The external service providers +involved in data processing are bound by TeamSpeak's instructions and +are regularly checked for compliance with data protection and data security. + +15.2.2 The external service providers are not entitled to pass on the +data to third parties. + +15.3 TeamSpeak will only process your personal data if permitted by law. +In most cases we will process your personal data: + + * With your consent, and please note that you have the right to + withdraw your consent at any time by contacting us. + * Where TeamSpeak has a contract to fulfill that we enter into or have + already entered into with you. + * Where it is necessary that the legitimate interests of TeamSpeak (or + those of a third party) and your interests and fundamental rights do + not override those interests. + * Where TeamSpeak must meet a legal or regulatory obligation. + +The table below shows how TeamSpeak processes your personal data. Please +contact TeamSpeak USA for more information on the specific processing +requirements. + +Below is a breakdown by activity of how TeamSpeak processes your data: + +*Ordering a product or service* + +To process or deliver a product or service that you have ordered from +TeamSpeak USA, including: + + * Online orders or orders on one of our websites + * When we refund a payment + * To manage payment and fees + * To collect money owed to us + * Any other contractual agreement that we agree to enter into with you. + +*Personal data* + + * identity data + * contact details + * Financial data + * transactional data + +*Basis for processing* + + * performance of a contract with you + * Necessary for the legitimate interests of TeamSpeak USA to obtain + funds owed to TeamSpeak USA. + +*Register with TeamSpeak USA* + +To process your registration at TeamSpeak USA including: + + * Receive news, offers, promotions and updates + * to receive a voucher + * fully use our apps including myTeamSpeak + * if you register otherwise than as one of our customers. + +*Personal data* + + * identity data + * contact details + * profile data + +*Basis for processing* + + * Fulfilment of a contract with you + +*Direct marketing* + +To tailor direct marketing to you and to send you direct marketing +communications including via : + + * enamel + * TEXT MESSAGE + * push notifications + +*Personal data* + + * identity data + * contact details + * Technical data + * transactional data + * consumption data + * profile data + * Marketing and communication data + +*Basis for processing* + + * With regard to tailoring direct marketing, necessary for the + legitimate interests of TeamSpeak USA, which are to develop its + business and inform its marketing strategy + * With respect to sending direct marketing where you are a customer + and you have not previously opted out of receiving such direct + marketing as necessary for the legitimate interests of TeamSpeak + USA, which is to provide you with relevant products and services in + relation to what we have previously provided to you. + * With respect to sending direct marketing where you are not a + TeamSpeak USA customer, your consent is given when you sign up for + our mobile app, provide your details on our website or otherwise, + and you give your consent. + +*Raffles, contests and/or surveys* + +Give you the opportunity to participate in sweepstakes, contests or surveys. + +*Personal data* + + * identity data + * contact details + * consumption data + * profile data + * Marketing and communication data + +*Basis for processing* + + * Fulfilment of a contract with you + * Necessary for TeamSpeak's legitimate interests, which are to + investigate how customers use our products and services, to develop + them, and to expand our business. + +*General Information* + +TeamSpeak's customers to understand, aggregate general information from +various sources to create a profile of you; this may include: + + * Understand your habits, where you are from time to time, your + personal circumstances and those of your family or household, and + the things you may like, dislike and interest you. + * how you interact with us, such as subscribing to news, offers, + promotions and updates, completing surveys, participating in + contests, browsing mobile apps, websites, evaluating interaction - + such as through likes and comments - with our social media accounts + and our products and services in public forums. + * Create aggregated data + +*Personal data* + + * identity data + * contact details + * Technical data + * transactional data + * consumption data + * profile data + * Marketing and communication data + +*Basis for processing* + + * Necessary for TeamSpeak's legitimate interests, which are to develop + our business, products, services, content and advertising campaigns + to make them relevant to you and to track the effectiveness of our + advertising campaigns + +*Notifications* + +TeamSpeak's relationship with you, which includes the following: + + * Notify you of changes to our privacy policy + * Notify you of operational changes to TeamSpeak products, services, + websites and mobile apps, such as when TeamSpeak would withdraw one + of its apps. + * Get feedback from you from time to time about TeamSpeak brands, + websites, mobile apps and other services and activities. + * Respond to your questions, suggestions, problems or complaints, + respond to them and deal with them, and report and analyse them. + * Respond to any social media reviews, postings or other public + comments you make about TeamSpeak, its trademarks, websites, mobile + apps, services, or other activities + +*Personal data* + + * identity data + * contact details + * profile data + * Marketing and communication data + * Sensitive data (only as required for dealing with feedback and + complaints on specific topics) + * Data from children (only as necessary for dealing with feedback and + complaints on specific topics) + +*Basis for processing* + + * Fulfilment of a contract with you + * Necessary to comply with a legal obligation + * Necessary for TeamSpeak's legitimate interests (to keep records up + to date and to investigate how customers use products/services) + +*Management and protection * + +Manage and protect TeamSpeak's business and website, and ensure the safe +and secure use of products and services, including: + + * the process of anonymizing your data so that you are no longer + identifiable to us and we no longer need your data in an + identifiable form + * Provide secure access to TeamSpeak USA operated websites, mobile + apps and WLAN networks. + * Optimizing the user's security measures and services, such as + recognition of your usernames and passwords, and resetting functions + * Monitor security measures around TeamSpeak USA's web sites, mobile + apps, and WLAN networks to ensure that they are not abused or + threatened. + * Protect you and our business from potential criminal behavior such + as fraud. + * problem management, data analysis, testing, system maintenance, + support, transmission and hosting of data + +*Personal data* + + * identity data + * contact details + * Technical data + * consumption data + * profile data + * Marketing and communication data + +*Basis for processing* + + * Fulfilment of a contract with you + * Necessary for TeamSpeak's legitimate interests, which are to run its + business, ensure network security and prevent potential criminal + behavior + * Necessary to comply with a legal obligation + +*provision of information* + +Provide information to entities and regulators where TeamSpeak is +required to do so by law or regulation. + +*Personal data* + + * identity data + * contact details + * Technical data + * transactional data + * consumption data + * profile data + * Marketing and communication data + * Sensitive data + * Data from children + +*Basis for processing* + + * Necessary to comply with a legal obligation. + +15.4 How TeamSpeak shares your personal information + +TeamSpeak cannot run its business or get many of the services and +benefits you expect provided without involving other people and +businesses. TeamSpeak will share your information only in accordance +with the laws applicable to us and for the purposes set out herein. + +From time to time, TeamSpeak processes personal information about you in +an automated manner to evaluate specific personal aspects about you. +This includes the ability to analyze your interests and make predictions +about how you are likely to interact with TeamSpeak. This is commonly +referred to as profiling, so TeamSpeak can offer you a more personalized +customer experience. This is based on our impression of how you deal +with TeamSpeak. + +The personal data about you that we process for profiling purposes +includes your identity data, your contact data and your profile data. We +do not process any personal data about you for profiling purposes that +consist of personal data of the special category. We process your +personal data for profiling purposes for our legitimate interests, as +explained below. If you would like to know more about what kind of +profiling we do and what profiling means for you, please contact us and +we will be happy to give you a detailed answer. You also have the right +to object to our processing your personal data for profiling purposes +and to learn more about your right to object. + +TeamSpeak shares your personal information: + + * All *TeamSpeak companies*, including new companies, brands or + outlets that we may acquire in the future (which act as controllers + or contract data processors) and that provide information + technology, human resources and systems administration services, and + that you may have agreed to provide you with marketing communications. + * *Service providers* (who primarily act as processors, sometimes as + controllers) who assist TeamSpeak in providing you with our + websites, mobile apps, wireless networks, and related services; for + example, information technology companies that design and host + TeamSpeak USA websites, payment service providers that enable you to + use credit or payment cards at TeamSpeak, and data wallpaper + specialists. + * *Related third parties* (acting as contract data processors and + controllers) who provide services to TeamSpeak, such as market + research, voucher provision and withdrawal, marketing background + services, and data analysis services. + * *Reward companies *(which act as controllers) that you have joined + to receive the rewards and benefits offered to you. + * Any new *business partners* (who act as controllers or contract data + processors) that TeamSpeak may have over time; for example, if + TeamSpeak enters into a partnership with another company, + reorganizes, merges, or sells a portion of our business, the other + party may receive some or all of your information. + * Our *professional consultants* (who act as controllers or order data + processors); for example, our attorneys, insurance companies and + insurance brokers, if they need them to advise TeamSpeak or assist + TeamSpeak in taking out insurance. + * The police, health and safety authorities, local authorities, the + appropriate tax authorities in your country, the courts, and any + other central or local government authorities (acting as controllers + or contract data processors) where TeamSpeak is required to do so in + order to comply with its legal obligations, or when requested to do + so and TeamSpeak is permitted to disclose it lawfully, for example, + to prevent and detect criminal offences or to report serious health + and safety incidents. + * TeamSpeak may also share the information collected with other third + parties where TeamSpeak is required to do so by law, for example to + comply with a court order. + + +16. Google Analytics + +16.1 TeamSpeak USA uses Google Analytics on the websites operated by +TeamSpeak USA and all TS 5 clients. Google Analytics is a web analytics +service provided by Google Inc., 1600 Amphitheater 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 cookies is also stored by Google abroad, in particular +on a Google server in the United States of America. + +16.2 The websites operated by TeamSpeak USA use Google Analytics with +the extension "_anonymizeIP()", i.e. the anonymization function of +Google Analytics. As a result, your IP address will generally be +truncated by Google in a European Economic Area country prior to +transmission to the United States of America. + +16.3 The IP address transmitted by your browser as part of the use of +Google Analytics is not merged with other data that Google collects +about you. + +16.4 You can exclude the storage of cookies used by Google Analytics by +excluding the use of cookies in your browser settings. In this case, +however, you will not be able to use other features of the websites +operated by TeamSpeak USA. + +16.5 You also have the option of opting out of the collection and +processing of your personal data by Google by installing the browser +plug-in available at the following link: +http://tools.google.com/dlpage/gaoptout + +16.6 The use of Google Analytics takes place in accordance with the +requirements on which the German data protection authorities have agreed +with Google. + +16.7 You can view an overview of Google Analytics' privacy policy at +this link: +https://support.google.com/analytics/answer/6004245 + + +16.8 The data collected by Google Analytics on the TS5 client is +processed anonymously. Similar to the procedure described in Section +16.2, the TS5 client will generally have your IP address truncated by +Google in a European Economic Area country prior to transmission to the +United States of America. + + +17. Data security + +17.1 TeamSpeak takes current technical measures to ensure data security +and thus in particular to protect your personal data from the dangers of +data transmission and the gaining of knowledge by third parties. +TeamSpeak regularly adapts these measures to the current state of the art. + +17.2 TeamSpeak USA will provide you with information about data security +at all times. Please direct your inquiry to privacy@teamspeak.com or to +the data specified in the imprint of the websites operated by TeamSpeak USA. + + +18. Privacy shield regulations + +18.1 TeamSpeak USA is certified under the EU-U.S. Privacy Shield and +fully complies with the principles of the Privacy Shield, including its +ancillary principles, when transferring data from European Economic Area +countries to the United States. To learn more about the Privacy Shield +program, visit www.privacyshield.gov, +and to verify our certification, visit www.privacyshield.gov/list. +However, if there is a conflict between the Privacy Shield Principles +and the Data Transfer Principles below, the Privacy Shield Principles +will always prevail. + +18.2 Types of personal data, purpose of collection and competent authority + +TeamSpeak USA collects and uses information in various ways. TeamSpeak +USA only collects the data transmitted by your browser for purely +informational use of the website. For more detailed information, please +refer to section 6 of this Privacy Policy. TeamSpeak USA also collects +data when you purchase licenses for software solutions from TeamSpeak +USA. Further information can be found in section 7 of this data +protection declaration. When cookies are used, they are stored on your +computer. You will find more details on this under section 5 of this +data protection declaration. Data is also collected, stored and +processed when the TS3 Client and TS5 Client are downloaded. The same +applies when using the TS3 Client and TS5 Client. For more information, +please refer to section 9 of this Privacy Policy. + +TeamSpeak USA will only use personal information in a manner consistent +with the purposes for which it was collected or authorized by you. + +TeamSpeak USA is subject to the US Department of Commerce International +Trade Administration. + +18.3 Data transmission to third parties + +If we disclose personal information to third parties acting as agents of +TeamSpeak USA, we will ensure that such third parties are also certified +for the EU-U.S. Privacy Shield or have a resolution of appropriateness +issued by the EU Commission, or that there are written agreements +between us and the third party that at least meet Privacy Shield's +privacy standards. To whom we disclose your personal information and for +what purpose, please refer to the disclosures in this privacy statement +regarding the specific use of TeamSpeak USA's information. + +Under certain circumstances, TeamSpeak USA may be liable for the +disclosure of personal data of individuals from the European Economic +Area if the third party has processed personal data in a manner +inconsistent with the EU-U.S. Privacy Shield, unless TeamSpeak USA +proves that it is not responsible for the event giving rise to the damage. + +We may need to disclose personal information in response to lawful +requests from government authorities, for law enforcement or national +security reasons, if necessary to comply with a court order, or if +otherwise required by law. + +18.4 Data security + +TeamSpeak USA uses technical, electronic and administrative procedures +to ensure the confidentiality of your personal information, including +Secure Sockets Layer ("SSL") for all financial transactions. We use SSL +encryption to protect your personal information online. We also take +several steps to protect your personal information at our facilities. +Access to your personal data is restricted. Only employees who need +access to your personal information in order to perform certain tasks +will have access to your personal information. Finally, for the +technical security of some of our computer hardware, we rely on the +services of third parties. We believe that their security measures are +appropriate. For example, when you visit teamspeak.com, you access a +server behind closed doors and an electronic firewall. Although we take +industry-standard precautions to protect your personal information, we +cannot guarantee complete security. 100% complete security is currently +available neither online nor offline. TeamSpeak USA takes current +technical measures to ensure data security and in particular to protect +your personal data from the dangers of data transmission and the +knowledge gained by third parties. TeamSpeak USA also regularly adapts +these measures to the state of the art. TeamSpeak USA keeps you informed +about data security in your organization at all times. Please send your +request to privacy@teamspeak.com or use +the contact details given in the teamspeak.com imprint. + +18.5 Choice, access and corrections + +TeamSpeak USA provides individuals in the European Economic Area whose +personal information has been submitted to us with the opportunity to +choose whether the personal information you provide will be used for a +purpose other than that for which it was originally collected. You may +also opt out of the use of your personal information by contacting us at +the contact details below. TeamSpeak USA will not use your personal +information for any purpose other than that for which it was originally +collected or subsequently authorized by you, unless we have received +your express consent. + +TeamSpeak USA also provides you with reasonable access to personal +information obtained in accordance with the Privacy Shield Principles. + +Upon request, we will also correct or update your personal information, +stop sending emails to your email address, or deactivate your account to +prevent future purchases through that account. + +You can send these requests by e-mail to privacy@teamspeak.com, by fax + +1-619-312-4145 or by telephone at + 1-877-832-6773. Please do not send +your credit card number or other sensitive information by e-mail. + +18.6 Offline Collection, Use and Disclosure of Information + +Information may also be collected offline, and attempts may be made to +protect your personal information. For example, when you call, we only +ask for the personal information we need to process the order or answer +the question. When we need to store information, we enter it into our +database using SSL encryption. Faxes are another example. If you fax us +something, we respond to the fax and either store it in a locked room or +we destroy the fax if the information does not need to be kept. It +should be noted that we try to comply with the standards for data +obtained online for data obtained offline. + +18.7 Enforcement of Privacy Shield Principles + +TeamSpeak USA implements compliance measures to ensure compliance with +the Privacy Shields. Any employee found by TeamSpeak USA to be in +violation of these guidelines will be subject to disciplinary action. + +18.8 Settlement of disputes + +In accordance with the EU-U.S. Privacy Shield, TeamSpeak USA is +committed to resolving complaints about your privacy and our collection +or use of your personal information. Persons from a European Economic +Area country should first contact TeamSpeak USA at the above address +with inquiries or complaints regarding Privacy Shield provisions. +TeamSpeak USA will investigate and attempt to resolve your complaints +based on the principles set forth in the Privacy Shield Policy. +TeamSpeak USA is required to investigate the complaint within 45 days. +TeamSpeak USA has also committed to submit unresolved privacy complaints +under the Privacy Shield provisions to the independent enforcement +mechanism, the BBB EU PRIVACY SHIELD, which is often operated by the +Council's Better Business Bureau. If it does not acknowledge your +complaint in a timely manner or your complaint is not satisfactorily +addressed, please visit +http://www.bbb.org/EU-privacy-shield/for-eu-consumers + for more +information and to file a complaint. Under certain limited +circumstances, an individual may also be able to invoke binding +arbitration under Annex I of the Privacy Shield Principles to resolve an +otherwise unresolved complaint. + + +19. Data protection officer + +TeamSpeak has appointed an external privacy officer. + +Lawyer Stephan Hendel + +Bajuwarenstr. 2e + +93053 Regensburg, Germany + +Germany (German) + +Should you have any concerns or questions about the data you have +processed, you can also contact our data protection officer directly. +Further contact details can be found at https://www.gabler-hendel.de + . + + +*20. Changes to this privacy policy* + +We always keep this privacy policy up to date. Therefore, we reserve the +right to change them from time to time and to update changes in the +collection, processing or use of your data. + +*Last updated:* *October 1, 2019* + + + +Terms and Conditions and Customer Information + + +*TeamSpeak Systems, Inc.* + + + +I. General terms and conditions + + +1. Scope of application + +1.1 These General Terms and Conditions (hereinafter referred to as +"GTC") apply to all contracts between TeamSpeak Systems Inc., PO Box +211180, Chula Vista, CA, 91921 USA (hereinafter referred to as +"TeamSpeak") and customers via the websites provided by TeamSpeak under +the domains www.teamspeak.com, www.teamspeakusa.com and +www.myteamspeak.com (hereinafter referred to collectively as +"Teamspeak.com" and the latter as "Myteamspeak.com" and all three +collectively referred to as "TeamSpeak Websites"). + +1.2 These General Terms and Conditions shall also apply to all future +services or offers to the customer, even if they are not separately +agreed again. + +1.3 TeamSpeak does not accept any deviating, additional or conflicting +general terms and conditions of the customer, so that they are not +included in the contract. This shall not apply if TeamSpeak has +expressly agreed in writing to the inclusion of the customer's GTC in +the respective individual case. + + +2. Entrepreneur status + +2.1 All paid offers by TeamSpeak are directed exclusively at +entrepreneurs within the meaning of § 14 BGB who order and use the +services of TeamSpeak within the scope of their independent, +professional or commercial activity. + +2.2 TeamSpeak shall check the customer's entrepreneurial status prior to +the conclusion of the contract for paid services. The customer must +provide TeamSpeak with any documents requested for this purpose, such as +a business registration. + +2.3 An entrepreneur is any natural or legal person or a partnership with +legal capacity who, upon conclusion of a legal transaction, in this case +the conclusion of a contract with TeamSpeak, acts in the exercise of its +commercial or self-employed professional activity, § 14 BGB (German +Civil Code). + +2.4 A consumer is any natural person who concludes a legal transaction, +in this case the conclusion of a contract with TeamSpeak, for purposes +which can predominantly not be attributed to his commercial or +self-employed professional activity, § 13 BGB. + +2.5 Non-commercial grouping within the meaning of these GTC is any +grouping of consumers or any legal entity whose business activity does +not serve to generate profits, in particular legal entities pursuing a +non-profit corporate purpose. + + +3. Subject matter of the contract + +3.1 TeamSpeak is the provider of the software solutions "TS3 Client", +"TeamSpeak 3 SDK" and "TS 5 Client" as well as the respective mobile +client applications for iOS and Android (hereinafter referred to as +"Software Solutions"), which enable the customer to communicate via +voice or text and to exchange files with third parties. + +The "TS3 Client" and "TS 5 Client" software solutions denote the object +code of the TeamSpeak Communication Software version 3 and 5 client +provided to you by TeamSpeak, including any software enhancements, +upgrades or updates you receive. + +The TeamSpeak 3 SDK Software Solution means the object code of the +TeamSpeak Version 3 Software Development Kit Software and the client and +server provided to you by TeamSpeak, including any software +enhancements, upgrades or updates you receive. + +"Client" means the TeamSpeak software that connects to the TeamSpeak +server software via the Internet. "Server" means the TeamSpeak software +(whether 32-bit or 64-bit) which is installed on a computer and acts as +a host. + +3.1.1 The "TS3 Client" and "TS 5 Client" software solution enables the +customer to communicate with third parties by sharing his TeamSpeak +server address with them. The number of third parties to whom the +communication channel can be made available depends on the scope of the +customer's license. + +3.1.2 The software solution "TeamSpeak 3 SDK" represents a solution for +integrating the technical solution for voice transmission and other +functions such as file transfer, chat function etc. into the Customer's +own software solutions. + +3.2 The software solutions are offered under the following license models: + +3.2.1 "Unlicensed": Under the license model "Unlicensed" the software +solutions "TS3 Client" and its predecessor "TeamSpeak 2" can be used +free of charge. Use of the "TeamSpeak 2 - Server" software solution is +limited to a maximum of two virtual servers with up to 1000 slots, use +of the "TeamSpeak 3 Server" software solution is limited to one virtual +server with up to 32 slots. The use is unlimited in terms of time. There +is no feedback from the virtual server to TeamSpeak. The license model +"Unlicensed" is only available to non-commercial groups and consumers. + +3.2.2 "Non-Profit" (hereinafter referred to as "NPL"): The "TeamSpeak 3 +Server" software solution can be used free of charge under the "NPL" +license model. The use is limited to two virtual servers with up to 512 +slots. The license period is 6 months. Sublicensing of slots and virtual +servers to third parties is not permitted. The license model "NPL" is +only available to non-commercial groups and consumers. + +3.2.3 "Annual Activation/ Single Server" (hereinafter referred to as +"AAL"): Under the license model "AAL" the software solution "TeamSpeak 3 +Server" can be used against payment. Depending on the licensing selected +by the customer, the use is between a virtual server with up to 32 slots +and up to 2 virtual servers with up to 1064 slots. The license period is +one year. Sublicensing of slots and virtual servers to third parties is +not permitted. + +3.2.4 "Authorized TeamSpeak Hosting Provider" (hereinafter referred to +as "ATHP"): Under the "ATHP" license model, the "TeamSpeak 3 Server" +software solution can be used for an unlimited fee and virtual servers +and slots can be sublicensed to third parties. The license period is one +year. + +3.2.5 Software Development Kit (hereinafter referred to as "SDK"): Under +the license model "SDK", the software solution "TeamSpeak 3 SDK" can be +used against payment for integration into the user's own software +solutions. TeamSpeak customizes and agrees the terms of the "SDK" +license model to the individual needs of the user. + +3.3 TeamSpeak also procures server space via Teamspeak.com which is +offered by third parties. + +3.4 The customer also has the possibility to download the Teamspeak +Software Client via Teamspeak.com or the referring websites. The client +is offered for the operating systems Windows, Linux and MacOS. +Furthermore the customer has the possibility to download the client in a +version for mobile devices for iOS or Android. + +3.5 TeamSpeak operates a forum via myteamspeak.com which enables the +customer to publish contributions to TeamSpeak's services, in particular +questions, suggestions and reviews on Teamspeak.com in the "Community" +section. + +3.6 The customer also has the opportunity to upload his own software +programs compatible with TeamSpeak's software solutions (hereinafter +referred to as "Add Ons") to the Teamspeak websites and to offer them to +third parties for download, as well as to download the Add Ons offered +by third parties via myteamspeak.com. + +3.7 However, the "TS3 Client" and the "TS5 Client" as well as the +respective mobile applications for iOS and Android may only be used to +connect to official "TeamSpeak 3 Servers" and "TeamSpeak 5 Servers" +developed by TeamSpeak. Any other use is expressly prohibited. In the +event of an infringement, TeamSpeak reserves the right to assert claims +for damages. + + +A. Provisions concerning the conclusion of the contract + + +4. Conclusion of the contract on the licensing of the software + solutions + +4.1 A contract with TeamSpeak regarding the licensing of the software +solutions shall be concluded as described below: + +4.1.1 "Unlicensed": The contract for the free use of the license model +"Unlicensed" is concluded when the customer downloads the respective +software solution and TeamSpeak makes the software solution available. + +4.1.1.1 For this purpose, Customer shall press the button on +TeamSpeak.com labeled "Licensing Overview" followed by the button under +the description of the license model "Unlicensed" labeled "Download". + +4.1.1.2 Without having to register, the customer has the possibility to +download the software solution and use it in accordance with these GTC. + +4.1.1.3 When the software solution is downloaded, a binding contract is +concluded between TeamSpeak and the customer regarding the use of the +software solution in the "Unlicensed" license model. + +4.1.2 "NPL": The contract for the free use of the license model "NPL" is +concluded as follows: + +4.1.2.1 Customer clicks on TeamSpeak.com the button labeled "Licensing +Overview" and then the button labeled "Register" displayed under the +description of the licensing model "NPL". + +4.1.2.2 The customer presses the button labeled "Continue to NPL +Application" on the overview displayed and confirms the existence of the +prerequisites for a non-commercial grouping or consumer property by +pressing the button labeled "Continue". He also confirms the license +conditions and these GTC by pressing the buttons marked "I agree". + +4.1.2.3 By clicking the "Submit" button, the customer submits an offer +to TeamSpeak to conclude the contract for the license model "NPL". +Before pressing the button labeled "Submit", the customer has the option +of deleting or correcting his entry or canceling the process at any +time, also by pressing the "Back" button on his browser. + +4.1.2.4 TeamSpeak shall send a confirmation e-mail to the e-mail address +provided during the registration process, confirming receipt of the +customer's offer by TeamSpeak. A contract does not come off with +entrance of this confirmation E-Mail with the customer. + +4.1.2.5 TeamSpeak accepts the customer's offer by making the software +solution available for download. This results in a binding contract +between TeamSpeak and the customer for the use of the software solution +in the "NPL" license model. + +4.1.2.6 TeamSpeak shall send a confirmation e-mail to the e-mail address +specified during registration, summarizing the essential content of the +contract, to the customer. With this confirmation e-mail the AGB are +also sent to the customer. + +4.1.3 "AAL": The contract for the paid use of the license model "AAL" is +concluded as follows: + +4.1.3.1 Customer registers for a TeamSpeak.com account: Customer presses +the button labeled "Sales" and then the button labeled "Continue to +register for an account. He fills in the displayed registration form and +sends it by pressing the button marked "Register". + +4.1.3.2 The customer receives an overview of the data entered by him and +is given the option of correcting or deleting this data after pressing +the "modify" button or canceling the registration process by closing the +browser window or pressing the "Back" button on the browser. + +4.1.3.3 By pressing the button with the inscription "Confirm", the +customer submits a binding offer to conclude a contract for the opening +of his customer account. + +4.1.3.4 TeamSpeak will send a confirmation email with a confirmation +link and password to the customer. + +4.1.3.5 TeamSpeak shall display the license models offered to the +customer in the customer area of the customer account. With this +advertisement TeamSpeak makes a binding offer to conclude a contract +with the customer for the license models displayed. + +4.1.3.6 The customer selects the desired "AAL" license in his customer +account and presses the button with the inscription "Add". By pressing +the button labeled "Add", the customer accepts TeamSpeak's offer to +conclude a contract and a binding contract for the use of the software +solution in the license model "AAL" is concluded. + +4.1.3.7 TeamSpeak shall send a confirmation e-mail to the e-mail address +specified during registration, summarizing the essential content of the +contract, to the customer. + +4.1.4 "ATHP": The contract for the paid use of the "ATHP" license model +is concluded as follows: + +4.1.4.1 The customer registers for a TeamSpeak.com customer account. The +steps of registration are governed by sections 4.1.3.1 to 4.1.3.4 of +these GTC. + +4.1.4.2 The customer selects the licence model "ATHP" in his customer +account and presses the button with the inscription "Add". The customer +will receive an invoice for the registration fee of $ 50 USD. Once the +customer has paid the registration fee, TeamSpeak will send an email to +the customer with instructions to complete the application process (as +described below). + +4.1.4.3 The customer shall send TeamSpeak the completed application +form, the signed license agreement, a photocopy of the identity card or +passport of an authorized representative as well as the business +registration, the VAT ID or any other document that identifies the +customer as an entrepreneur within the meaning of section 2.3 of these +GTC. The documents will be sent to TeamSpeak by e-mail to +athps@teamspeak.com or by fax to +49-8825-920-27-97. By sending the +aforementioned documents, the customer submits a binding offer to +conclude the contract. + +4.1.4.4 TeamSpeak will send a confirmation email to the email address +stored in the customer's account confirming receipt of the customer's +offer. A contract does not come off with the entrance of this +confirmation e-mail. + +4.1.4.5 TeamSpeak accepts the customer's offer by making the software +solution available for download in the customer area of the customer +account. With the provision of the software solution, a binding contract +is concluded between the customer and TeamSpeak for the use of the +software solution in the "ATHP" license model. + +4.1.4.6 TeamSpeak will send a confirmation email to the email address +provided during registration, summarizing the main content of the +contract, to the customer. + +4.1.5 "Software Development Kit" (hereinafter referred to as "SDK"): The +contract for the paid use of the license model "SDK" is concluded by +individual conclusion of a contract with the Customer. + +4.1.5.1 The customer shall contact TeamSpeak by e-mail at +ts3sdk@teamspeak.com or by telephone at +49 8825 920200-0. + +4.1.5.2 TeamSpeak shall send the customer an offer for the services +requested by the customer in text form to the e-mail address provided by +the customer. With this e-mail TeamSpeak makes a binding offer to +conclude a contract under the conditions stated in the e-mail. + +4.1.5.3 Acceptance of TeamSpeak's offer by the customer in text form +constitutes a binding contract for the use of the "SDK" license model. + + +5. Conclusion of a contract for the provision of server space + +5.1 The customer is forwarded via Teamspeak.com to the internet presence +of the third party provider. + +5.2 A contract conclusion comes about in the case of the switching of +server places offered by a third party exclusively between the customer +and the respective third party. It is strongly recommended that the +customer obtain information from the third party about the conclusion of +the contract and, if applicable, its general terms and conditions. + + +6. Conclusion of the contract about the licensing of the client + +6.1 A contract on the licensing of the client is concluded as follows: + +6.1.1 The customer clicks the "Download" button on TeamSpeak.com. The +customer is redirected to a subpage that shows an overview of the client +versions to be downloaded (Windows, Linux and MacOS as well as for +mobile devices). + +6.1.2 The Customer selects the version corresponding to his requirements +and presses the button marked "Download" which is displayed next to the +version of the Client he has selected. The customer has the possibility +to cancel the download process at any time by closing his browser window +or ending the process. + +6.1.3 If Windows, Linux or MacOS versions are selected, the customer +submits a binding offer to conclude the contract by pressing the button +marked "Download". TeamSpeak accepts this offer by providing the client +for download by teamspeak.com or the referring websites, so that a +binding contract is concluded between TeamSpeak and the client. + +6.1.4 If a version of the Client is selected for mobile devices, the +Customer will be redirected to the Internet pages of third parties +"Apple AppStore" (iOS) or "Android Market" (Android) and can purchase +these there in accordance with the conditions of the respective third +party provider. The customer is strongly advised to inform himself about +the conclusion of the contract and the general terms and conditions of +the third party provider. + + +7. Conclusion of a contract concerning the uploading and + downloading of Add Ons + +7.1 TeamSpeak only provides the platform for uploading and downloading +add-ons. The contract for the use of the respective add-on is concluded +exclusively between the customer who uploads the add-on and the customer +who downloads the add-on. + +7.2 To upload Add Ons, Customer must register for a Customer Account as +a Developer (hereinafter referred to as "Developer Account"). + +7.3 To do this, the customer presses the button labeled "MyTeamSpeak" +and the button labeled "Register" on the underside of the screen that +appears. + +7.4 The Customer fills in the registration form displayed with the +e-mail address and password and clicks the button marked "Register". + +7.5 TeamSpeak will send a confirmation email with a confirmation link to +the customer. + +7.6 The customer activates the confirmation link contained in the e-mail +and is taken to his customer account under the menu item "Dashboard". + +7.7 The customer presses the button in his customer account with the +inscription "Become a developer". By entering their name and mobile +phone number, the customer fills out a registration form and clicks the +button labeled "Send confirmation code". + +7.8 TeamSpeak will send a confirmation code with a limited validity +period to the mobile phone number provided by the customer. + +7.9 The customer enters the confirmation code in the form field provided +and presses the button marked "confirm". + +7.10 To download Add Ons, the customer does not need to register for a +customer account. Downloading is possible free of charge and without +registration on the "MyTeamSpeak" subpage. + +7.11 Only such add-ons in connection with the "TS 3 Client" and "TS 5 +Client" and the respective mobile applications for iOS and Android that +can be downloaded from the website myteamspeak.com may be used. + + +8. Conclusion of the contract on the use of the forum + +8.1 The Customer shall press the button marked "Forum" and then the +button marked "Register". + +8.2 The Customer shall complete the registration form displayed after +pressing the "Register" button. + +8.3 After filling in the registration form, the Customer clicks the +button labeled "Complete Registration". He can correct his data at any +time until he clicks the "Complete Registration" button or cancel the +registration by closing his browser window or clicking the "Back" button +on his browser. + +8.4 The customer shall receive a confirmation of receipt from TeamSpeak +containing a confirmation link. This confirmation of receipt does not +constitute an offer on the part of TeamSpeak to conclude a contract, but +merely serves to verify the customer's data. + +8.5 The customer can click on the confirmation link and then register +for his customer account. By activating the confirmation link, the +customer makes a binding offer to use the forum free of charge. + +8.6 TeamSpeak accepts the customer's offer by providing the customer +account, so that a binding contract is concluded. + + + B. Special provisions for the respective contracts for individual + services + + +9. Licence fees for the use of the software solutions + +9.1 Royalties under the "ATHP" licensing model + +9.1.1 For the use of the software solution in the license model "ATHP", +a lump-sum basic fee as well as use-dependent current license fees are +to be paid. + +9.1.2 The basic fee is a lump sum of 50 dollars and is due once upon +conclusion of the contract. + +9.1.3 The amount of current licence fees for the granting of licences in +the "ATHP" licence model shall be determined on the basis of the actual +use of the number of slots per calendar day. For this purpose, the +number of slots used is transmitted daily by the virtual server to a +server operated by TeamSpeak. The customer undertakes not to take any +action against TeamSpeak that is likely to prevent such transmission or +alter the transmission result. The current license fees are due ten +working days after receipt of the invoice by the customer. + +9.1.4 A minimum license fee shall be deemed agreed between the customer +and TeamSpeak. For the first year of licence use, this amounts to the +licence fee for the use of 200 slots used and for each subsequent year +of licence use, the licence fee for the use of 1,000 slots used. If the +minimum license fee is not reached, the customer must nevertheless pay +license fees in the amount of the minimum license fee. + +9.2 Unless otherwise agreed between the customer and TeamSpeak, the +license fees stated in the service description for the respective +license model shall be deemed agreed. + +9.3 TeamSpeak is entitled to change the license fees in the course of +further development of the software solutions or for reasons of +adaptation 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 text form. + +9.5 The customer has the option to terminate the license agreement +without notice within a period of four weeks commencing with the receipt +of the message referred to in Section 9.4 of these General Terms and +Conditions. + +9.6 The customer has the possibility to object to the price adjustment +within a period of four weeks beginning with the receipt of the message +referred to in section 9.4 of these General Terms and Conditions. In the +event of an objection by the customer, TeamSpeak shall be entitled to +terminate the contract extraordinarily within a period of four weeks +beginning with the receipt of the objection by TeamSpeak. + + +10. Prices and terms of payment for the licensing of the software + solutions + +10.1 All prices or price quotations quoted by TeamSpeak are always in +the form of US dollars, even in the absence of an express currency +indication, unless otherwise agreed between the parties. + +10.2 All prices or price quotations are exclusive of the applicable +value added tax and any further public charges. + +10.3 When ordering via Teamspeak.com, the customer only has access to +the payment options indicated under the menu item "Pay", whereby +TeamSpeak expressly reserves the right to reject a payment method +selected by the customer in the contract offer. + +10.4 In the case of telephone orders or orders placed by e-mail, fax or +post, payment by bank transfer shall be agreed as advance payment unless +otherwise agreed, whereby TeamSpeak's remuneration shall become due upon +conclusion of the contract, i.e. the customer shall be obliged to pay +the remuneration in advance. + +10.5 If payment on account has been agreed, payment shall be due within +fourteen working days of receipt of the invoice by the Customer. + +10.6 TeamSpeak shall be entitled to perform or provide outstanding +services only against advance payment or security if, after conclusion +of the contract, it becomes aware of circumstances which could +significantly reduce the creditworthiness of the customer and which +endanger the payment of TeamSpeak's outstanding claims by the customer +arising from the respective contractual relationship (including from +other individual orders). + + +11. Termination of license agreements for the software solutions + +11.1 The contracts for the licensing of software solutions have the +contract term stated in the service description (hereinafter referred to +as the "minimum contract term"), i.e. + +11.1.1 The contract for the "Unlicensed" license model has no fixed +contract term. The license model can be used by the customer at any time +as long as TeamSpeak offers this license model. + +11.1.2 The contract for the "NPL" licensing model has a minimum term of +six months. + +11.1.3 The contract for the "AAL" licence model has a minimum term of +twelve months. + +11.1.4 The contract for the "ATHP" licence model has a minimum term of +twelve months. + +11.1.5 The contract for the license model "SDK" has the individually +agreed minimum contract term. + +11.2 The Contract shall be automatically extended by the minimum +Contract Term if neither party terminates the Contract at the end of the +minimum Contract Term. With the license model "NPL", the contract is +only automatically extended if the customer has used the software +solution within a period of one month before the end of the minimum +contract term; otherwise the contract ends automatically with the end of +the minimum contract term. + +11.3 The license agreement may be terminated by the customer at any time +at the end of the minimum contract term without notice. TeamSpeak may +terminate the License Agreement at any time subject to a notice period +equal to half the period of the minimum contract term to the end of the +minimum contract term. + +11.4 The right of both parties to extraordinary termination remains +unaffected. TeamSpeak is entitled to an extraordinary right of +termination, in particular under the conditions set out in Section 11.5 +of these GTC. + +11.5 In particular, TeamSpeak has a right of extraordinary termination, + +11.5.1.1 if the Customer defaults on two consecutive payments due for +the Licensing. + +11.5.1.2 if the customer repeatedly falls below the minimum license fee +in the case of a contract for the license model "ATHP". + +11.5.1.3 if the customer repeatedly violates his obligations under the +license agreement, including these GTC, despite a warning and the +violations are not insignificant. + +11.5.1.4 if the customer repeatedly breaches its essential obligations +under this contract despite a warning from TeamSpeak and is responsible +for the breach. + +11.5.1.5 if the customer has chosen the license models "Unlicensed" or +"NPL" without the property as a consumer or non-commercial grouping +being present or this property having subsequently ceased to exist. In +this case we reserve the right to claim damages. + +11.6 Each termination requires the text form. + + +12. Obligations of the customer when using the client + +12.1 The customer himself is obliged to undertake data back-ups at +regular intervals. TeamSpeak is not responsible for any loss of data +resulting from a breach of this obligation. This does not apply if +TeamSpeak is responsible for the violation. + +12.2 Furthermore, the customer is obliged to use programs corresponding +to the current technical standard against viruses and other malicious +software. + +12.3 Updates to the Standard Software will be provided free of charge +when and as they become available. The customer is obliged in his own +interest to install updates of the client immediately after their +publication. Otherwise the usability of the client may be restricted. + + +13. Termination of the client licensing agreements + +13.1 The Customer may terminate the Client Licensing Agreement at any +time by removing the Client from any of the Customer's end devices. + +13.2 The right to extraordinary termination without notice of both +parties remains unaffected. + +13.3 Each termination obliges the customer to immediately remove the +client from all end devices. + + +14. Publication of contributions in the forum + +14.1 The registered customer has the possibility to publish +contributions in the area "Community Forum" on myteamspeak.com via the +customer area of his customer account. + +14.2 In order to publish a new contribution, the Customer uploads the +contribution by clicking on the "Post New Thread" button. When replying +to a contribution from another customer, the customer clicks the button +labeled "Reply To Thread" to publish his reply contribution. The +contribution will then be transmitted to TeamSpeak and published by +TeamSpeak on myteamspeak.com. + +14.3 TeamSpeak does not control contributions prior to publication. +TeamSpeak expressly reserves the right to delete individual +contributions in the event of a reference to the illegality of a +contribution. + +14.4 The customer undertakes vis-à-vis TeamSpeak not to publish any +contributions that violate the laws of the Federal Republic of Germany +or the rights of third parties. + +14.5 The customer indemnifies TeamSpeak against all rights of third +parties which they may assert against TeamSpeak due to the publication +of contributions on Teamspeak.com by the customer. Subject to the +customer's consent, TeamSpeak will not make any acknowledgements or +other declarations in legal transactions which justify the asserted +claims of the third party. + +14.6 The indemnity obligation set forth in Section 14.5 of these GTC +shall not apply if the circumstances justifying the claims of the third +party can be proven to be due to gross negligence or wilful misconduct +on the part of TeamSpeak. + +14.7 TeamSpeak undertakes, insofar as the customer's obligation to +indemnify as stipulated in section 14.5 of these GTC is affected, to +inform the customer immediately of any legal action brought against +TeamSpeak or of any assertion of claims against TeamSpeak and to give +the customer the opportunity to assume legal defence. + + +15. Termination of the user account for the forum + +15.1 The customer has the option to have TeamSpeak delete his customer +account at any time. For this purpose, the customer sends the deletion +request in text form to TeamSpeak. Termination is also possible against +a moderator of the forum in text form. TeamSpeak shall delete the +customer's forum account immediately upon receipt of the notice of +termination. Contributions published by the customer may be deleted or +anonymized at TeamSpeak's discretion. With the deletion the contract +about the use of the customer account ends. + +15.2 TeamSpeak has the right to terminate the contract for the use of +the customer account at any time with three months' notice to the end of +the quarter of a calendar year. + +15.3 The right of both parties to extraordinary termination remains +unaffected. A right to extraordinary termination exists in particular if +the customer repeatedly violates his obligations under section 14.4 of +these GTC despite a warning and the violation is not insignificant. + +15.4 Any notice of termination must be in text form. + + +16. Publication of Add Ons + +16.1 If the customer is registered as a developer, he has the +possibility to upload Add Ons and offer them to third parties for free +download. + +16.2 In order to upload Add Ons, the customer clicks the button with the +label "Upload Add Ons" in the customer area of his customer account. The +customer submits the add-ons to be uploaded by him to TeamSpeak by +pressing the button labeled "Add Addon". + +16.3 TeamSpeak releases the Add Ons on "MyTeamspeak". + +16.4 TeamSpeak does not control the uploaded add-ons prior to +publication. TeamSpeak also expressly reserves the right to delete +individual add-ons in the event of a reference to the illegality of an +add-on. + +16.5 The customer undertakes not to publish any add-ons to TeamSpeak +that violate the laws of the Federal Republic of Germany, the rights of +TeamSpeak or the rights of third parties. + +16.6 The customer shall indemnify TeamSpeak against all third party +rights asserted against TeamSpeak by the customer due to the publication +of add-ons on myteamspeak.com by the customer. Subject to the customer's +consent, TeamSpeak will not make any acknowledgements or other +declarations in legal transactions which justify the asserted claims of +the third party. + +16.7 The indemnity obligation set forth in Section 16.6 of these GTC +shall not apply if the circumstances justifying the claims of the third +party can be proven to be due to gross negligence or wilful misconduct +on the part of TeamSpeak. + +16.8 TeamSpeak undertakes to inform the customer immediately of any +legal action taken against TeamSpeak or the assertion of claims against +TeamSpeak and to give the customer the opportunity to assume legal +defence in the event that the customer's obligation to indemnify is +breached in accordance with Section 16.6 of these General Terms and +Conditions. + + +17. Termination of the customer account as developer + +17.1 The customer has the option of having TeamSpeak delete his customer +account as a developer at any time. For this purpose, the customer sends +the deletion request in text form to TeamSpeak. TeamSpeak will delete +the customer's developer account immediately upon receipt of the +termination notice. Add-ons published by the customer will also be +deleted immediately. With the deletion the contract about the use of the +Developer account ends. + +17.2 TeamSpeak has the right to terminate the Developer Account +Agreement at any time with three months' notice to the end of the +quarter of a calendar year. + +17.3 The right of both parties to extraordinary termination remains +unaffected. A right to extraordinary termination exists in particular if +the customer repeatedly violates his obligations under section 16.5 of +these GTC despite a warning and the violation is not insignificant. + +17.4 Any notice of termination must be given in writing. + + +C. General provisions + + +18. Warranty + +18.1 The statutory warranty rights shall apply to consumers. + +18.2 The following provisions shall apply to entrepreneurs: + +18.2.1 The customer's warranty rights expire within one year. This shall +not apply to damages culpably caused by TeamSpeak resulting from injury +to life, body or health and damages caused by gross negligence or intent +or fraudulent intent, as well as in the case of recourse claims pursuant +to §§ 478, 479 BGB (German Civil Code). + +18.2.2 A warranty by TeamSpeak is excluded if the defect is due to +circumstances caused by TeamSpeak at the express request of the customer. + +18.2.3 The strict liability for damages for initial defects according to +§ 536a Abs. 1 BGB is excluded. + + +19. Liability + +19.1 TeamSpeak shall be liable in all cases of contractual and +non-contractual liability for intent and gross negligence in accordance +with the statutory provisions. + +19.2 In other cases, TeamSpeak shall be liable - unless otherwise +stipulated in Section 19.1 of these GTC - only in the event of a breach +of a contractual obligation, the fulfilment of which is essential for +the proper execution of the contract and on the observance of which the +customer may therefore regularly rely (so-called cardinal obligation). +In all other cases, TeamSpeak's liability is excluded subject to the +provision in Section 19.1 of these GTC. + +19.3 To the extent that TeamSpeak is liable on the merits pursuant to +clause 19.1 of these GTC, this liability shall be limited to damages +which TeamSpeak foresaw at the time of conclusion of the contract as a +possible consequence of a breach of contract or which TeamSpeak should +have foreseen if it had exercised due care. Furthermore, indirect +damages and consequential damages resulting from deficiencies in +TeamSpeak's performance shall only be eligible for compensation if such +damages are typically to be expected when the performance is used as +intended. + +19.4 TeamSpeak's liability for damages resulting from injury to life, +limb or health and under the Product Liability Act shall remain +unaffected by the above limitations and exclusions of liability. + + +20. Set-off, rights of retention and assignment + +20.1 The customer shall only be entitled to offset claims against +TeamSpeak against legally established or undisputed claims. The same +applies 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 applies in +particular to the transfer of the license granted by TeamSpeak to third +parties. + + +21. Text form + +21.1 Amendments and alterations to the agreements made between TeamSpeak +and the customer, including these General Terms and Conditions, must be +made in text form in order to be effective. + +21.2 With the exception of managing directors or authorized signatories, +TeamSpeak employees shall not be entitled to enter into any verbal +agreements that deviate from these provisions. + + +22. Applicable law and place of jurisdiction + +22.1 German law shall apply. In the case of consumers, this choice of +law shall only apply insofar as the protection granted by mandatory +provisions of the law of the country of the consumer's habitual +residence is not thereby withdrawn (principle of favourability). + +22.2 The place of performance for all services arising from business +relations with TeamSpeak and the place of jurisdiction shall be the +registered office of TeamSpeak, provided that the user is not a consumer +but a merchant, a legal entity under public law or a special fund under +public law. The same applies if the user does not have a general place +of jurisdiction in Germany or the EU or if the place of residence or +usual abode is not known at the time the action is filed. The right to +also appeal to the court at another legal place of jurisdiction remains +unaffected by this. + +22.3 The provisions of the UN Sales Convention expressly do not apply. + + + +II. Customer information + + +1. Identity of the provider + +TeamSpeak Systems, Inc. +PO Box 211180 +Chula Vista +CA91921 +USA + +Telephone: +1-877-832-6773 +Telefax: +1-619-312-4145 +E-mail: info@teamspeak.com + + +2. Information on the conclusion of the contract + +The technical steps for the conclusion of the contract, the conclusion +of the contract itself and the correction options shall be carried out +in accordance with Section B of the General Terms and Conditions (Part I). + + +3. Contract language, contract text storage + +The contract language is English. + +TeamSpeak does not save the complete contract text. Before sending the +respective offer, the offer data can be printed out or electronically +saved using the browser's print function. Upon acceptance of the offer +by TeamSpeak, the contract data, the legally required information for +distance selling contracts and the General Terms and Conditions will be +sent to the user again by e-mail. + + +4. Essential characteristics of the goods and services + +The essential characteristics of the goods and services can be found in +the service description and the supplementary information on Teamspeak.com. + + +5. Prices and payment methods + +The prices and payment modalities result from the information at the +conclusion of the contract as well as from the provisions in point B. of +the General Terms and Conditions (Part I). + + +6. Statutory liability for defects + +The statutory rights of liability for defects exist vis-à-vis consumers. + + +7. Contract term, termination + +You will find information on the term of the contract and the conditions +of termination in the respective service description as well as in point +B of the General Terms and Conditions. +