Terms and Conditions
GENERAL TERMS AND CONDITIONS FOR THE USE OF WOIZZER
Version of 25 August 2010
1. What is WOIZZER?
Woizzer AG (hereinafter also called “WOIZZER”, “Operator”, “we”/ “us”) offers the user an interactive range of mobile services. The users of the WOIZZER App are provided with a technical platform for the exchange of data via suitable mobile equipment.
The main functionality of WOIZZER is the exchange of voice mails (“WOIZZES”) with other users of the App. WOIZZES can be complemented by text messages, a picture or video attachment and/or GPS data including point of interest (POI) data.
WOIZZES can also be just saved (memo function) or made available with the corresponding GPS data for other users (map view). A birthday reminder function is another use of the WOIZZER technology.
The App contains, but is not limited to, services for mobile communication with which users can sign up, set up a profile, publish information about themselves that is visible or audible for other users of the App, as well as publish information that is retrievable by others.
Users can view profiles of other users and contact them. A certain amount of GPS data is saved and made accessible to the users.
2. Validity of these Terms and Conditions
2.1. Terms and Conditions
Only these terms and conditions, including our privacy policy and the appendix “Prohibited Activities and Contents on WOIZZER” (together “Terms and Conditions”), apply in their respective current version for the relationship between us and the users of WOIZZER.
The user agrees to these Terms and Conditions by signing up with and using WOIZZER. It is thus imperative that the user reads the Terms and Conditions attentively. The user can view and print these Terms and Conditions at any time under http://www.woizzer.com.
If the user does not agree to these Terms and Conditions, the use of WOIZZER shall be stopped immediately.
2.2. Changes to the Terms and Conditions
WOIZZER will adjust these Terms and Conditions every now and then according to new developments in legislation, jurisprudence, technology, and the service of WOIZZER and/or for other reasons. All changes will be announced on the WOIZZER website; users of WOIZZER will also be notified directly of changes to the Terms and Conditions with the next update of the application. The use of WOIZZER subsequent to the announcement of changes is then subject to the new/changed Terms and Conditions.
If a user does not agree to the changes to the Terms and Conditions, the use of WOIZZER shall be stopped immediately.
If a user continues to use WOIZZER for more than a month following the announcement of changes to the Terms and Conditions of WOIZZER, the user thus agrees to the changed Terms and Conditions.
3. Use
To become a user of WOIZZER, the user must
● be 17 (seventeen) years of age,
● fill in all required details for the registration process truthfully,
● not violate any laws or regulations by using WOIZZER and
● accept these Terms and Conditions and comply with them.
Users may only use their own name and not permit other persons (users or third parties) to use it.
The respective user is solely responsible for the use of WOIZZER.
Every user is obligated to inform WOIZZER if they suspect the unauthorized use of WOIZZER.
4. Cost
The standard version of the WOIZZER App, version 1.1 is free. The use of the WOIZZER Application is free in the standard version. Beyond this, there are special functions and services which may be subject to a charge. Moreover, depending on the user’s network operator, charges for data transmission might apply for the use of WOIZZER.
5. Use of Data, Data Storage, Data Processing and Data Protection
The separate Privacy Policy offers information on the extent of the use of data, data storage and data processing.
6. Liability of WOIZZER
6.1. WOIZZER is not liable for content published by the user and other publications by the user; this is particularly true in cases where content inserted by the user violates intellectual property laws (such as trademark right, copyright, etc.) or the personal rights of third parties.
As soon as we become aware of illegal offers/content/activities on WOIZZER, we will take all measures, technically and economically available to and reasonable for us, to stop such activities. A permanent content control of the offers/content on WOIZZER without material evidence for an infringement is not possible or reasonable for us due to the open nature of WOIZZER, and the inherent constant changes to the offers and contents. Should a user notice illegal content, the user should notify us. A special simple notification function (“report inappropriate behaviour link”) is available in the WOIZZER menu for this purpose.
6.2. WOIZZER is not liable for the correctness, completeness, accuracy and content entered by users, or other user-generated content on WOIZZER.
6.3. WOIZZER is not liable for economic, physical or non-material damages that may arise from the use of the WOIZZER technology unless it is demonstrably the result of intent or gross negligence on the part of WOIZZER or their employees. WOIZZER is not liable for a possible misuse of information.
6.4. WOIZZER constantly strives to secure correct functionality. However, WOIZZER is not liable for the continuous usability and availability of WOIZZER, neither is WOIZZER liable for transmission delays or outages resulting from technical problems. Technical disruptions or necessary maintenance work could, for example, lead to a temporary suspension of WOIZZER services.
6.5. WOIZZER is not liable in situations where unauthorized third parties gain knowledge of personal user data (e.g., by unauthorized access to the database). WOIZZER is also not liable for the misuse of information by third parties if that information was made available to third parties by the users themselves.
6.6. Each user must evaluate and bear the risks that are associated with the publication and use of content, including the risks that result from the user trusting in the correctness, completeness and usefulness of content for his or her purposes. The user therefore accepts that he or she should not trust content that was created by WOIZZER or made available to WOIZZER by other users or third parties.
6.7. WOIZZER reserves the unconditional right to remove as well as permanently delete any WOIZZES, which are posted in any area marked “public” (including but not limited to the WOIZZER-Wall or the WOIZZER-Lounge) as well as in any other publicly available or visible area, without prior notice or grounds. Upon posting a WOIZZ in any area marked “public” (including but not limited to the WOIZZER-Wall or the WOIZZER-Lounge) as well as in any other publicly available or visible area, the user rescinds all grounds and expectations of the continued public availability of the posted WOIZZ.
7. Duties, Responsibilities and Liability of the User
7.1. WOIZZER offers a technology that allows the users to exchange audio and video content and contact each other. Each user is legally responsible for his or her personal activities on WOIZZER. WOIZZER cannot control these activities. Content, information, activities, etc. are not checked by WOIZZER before their publication by the users on WOIZZER and do not reflect the opinions, attitudes and convictions of WOIZZER. WOIZZER is not responsible for this content.
7.2. The responsibility for all information, data, texts, photos, graphics, messages or other material (content) that is generally or publically transmitted lies solely with the user who entered such content. Not WOIZZER, but rather the user entering, publishing or sending any content within the scope of the App is responsible for any such content.
7.3. The user releases WOIZZER from all third party claims resulting from content released for publication by the user. WOIZZER reserves the right to legal defence against such claims. The user supports WOIZZER in its defence against such claims, particularly by supplying all information necessary for the defence. The user is liable for compensating WOIZZER for damages that result from valid claims brought by third parties. This includes the costs for litigation. WOIZZER reserves the right to remove content entered by the user.
8. Prohibited Activities on WOIZZER
8.1. Content and activities are generally forbidden when
● they could lead to other users and/or third parties and/or WOIZZER employees and those of subcontractors and partners being put at risk, libelled, hurt or harmed in any other fashion,
● they violate laws or other regulations,
● they infringe upon intellectual property rights,
● they are of a commercial nature, unless this was explicitly permitted in writing by WOIZZER; commercial offers must be clearly identified as such.
8.2. The annex A “Prohibited Activities and Content on WOIZZER” pertaining to these Terms and Conditions contains a non-exhaustive list of further content and activities that are prohibited on WOIZZER.
8.3. Each user is bound to these Terms and Conditions, laws and other regulations, and is responsible for compliance with them. WOIZZER accepts no responsibility for the content and activities of the users. WOIZZER cooperates with public and private prosecution and law enforcement authorities and institutions—in accordance with the law and at their own discretion—when users violate the law. WOIZZER also expressly reserves the right to initiate legal measures.
8.4. Holders of rights, whose rights have been infringed upon by WOIZZER users and who are able to adequately prove this infringement upon their rights to WOIZZER shall receive support from WOIZZER in any legal action they may bring.
8.5. Despite this prohibition, information and content that violates these prohibitions can, under certain circumstances, be made available or distributed by other users via WOIZZER. WOIZZER assumes no responsibility or liability for misuse of WOIZZER. WOIZZER cannot control content and activities on WOIZZER for misuse. Even when WOIZZER decides to screen the content or activities of a user based on the concrete suspicion that he/she is in breach of contract or acting unlawfully, WOIZZER does not assume liability for the content and activities nor for ending the misuse.
9. Consequences of Breaching these Terms and Conditions
WOIZZER reserves the right to temporarily or permanently suspend users who breach these Terms and Conditions from the use of WOIZZER and to enter a blocking notice. Moreover, WOIZZER reserves the right to begin civil or criminal proceedings against such users.
10. Copyright
The WOIZZER technology and the services offered by WOIZZER and the services published on WOIZZER are fully protected by law. Reproductions, particularly for commercial use, advertisement or exploitation, require prior written consent of WOIZZER. WOIZZER reserves the right to use the content published on WOIZZER for commercial use and to make it available to third parties. WOIZZER will take any legitimate interests of users into consideration and, in particular, not make personal data from which conclusions about individual users can be drawn available to third parties. This may require users to waive their pertinent rights upon using the WOIZZER App for the first time and provided this is legally permissible and possible. WOIZZER users are permitted to make a copy of content solely for their personal, non-commercial use, under the condition that the origin is clearly evident. Any further reproduction, distribution or publication of content without the prior written consent by WOIZZER is strictly forbidden.
WOIZZER respects the intellectual property of third parties and requests of their users that they do the same.
11. Final Provisions
These terms and the entire legal relationship between the users and WOIZZER are subject to the law of the Federal Republic of Germany.
Annex A: Prohibited Activities and Contents on WOIZZER
Below is a list of examples for activities and content of various sorts (WOIZZES, pictures, photos, other illustration, language content, sounds, etc.) that are prohibited on WOIZZER or may not be published with WOIZZER, including references to external sites or locations with such content.
1. Violence, Sexual Content, Defamation, Harassment
● depictions of naked persons, violence or obscene depictions, sexually explicit depictions;
● contents and activities that support the sexual or violent exploitation of persons or animals;
● contents or activities that immediately or indirectly harass another person or support the harassment of a person;
● contents or activities that are insulting, threatening, obscene, defamatory or libellous;
● the use of WOIZZER with the aim to harass, insult or harm another person;
● descriptions of cruel or otherwise inhumane violence against humans and animals in a fashion that glorifies and exculpates such violence, or that depicts the cruel and inhumane processes in a fashion that violates human dignity; this also applies for virtual depictions;
● contents that violate human dignity, in particular the depiction of people dying or being exposed to intense physical or mental suffering; consent is irrelevant;
● children and adolescents depicted in sexually explicit positions;
● violence that is sexist or pornographic and/or involves sexual abuse of children or adolescents, or sexual acts with persons or animals;
● distribution of defamatory, obscene or otherwise illegal material, harassment or breach of personal rights of other users or other third parties.
2. Racism, Hatred, Anti-Semitism, Insulting a Religion or Ideology, Incitement
● content that is racist, xenophobic, fanatic, extremist, anti-Semitic, inciting, insults a religion or ideology, incites hatred, etc;
● propaganda material, as per § 86 StGB (German Penal Code), whose content is aimed against the free democratic order or the principle of peaceful co-existence between ethnicities;
● insignia of unconstitutional organisations as per § 86a StGB, whose content is directed against the free democratic order or the principle of peaceful co-existence between ethnicities;
● contents that incite hatred against parts of the population or against a national, racial, religious group or one that is identifiable by their national traditions, and that prompt violence or arbitrary measures against these groups or that assault human dignity by insulting, maliciously disparaging or defaming parts of the population or one of the aforementioned groups;
● contents that describe acts committed during the period of National Socialism as described in § 6 sec. 1 and § 7 sec. 1 of the VStGB (German Code of Crimes against International Law) in a way that is liable to disturb the public peace, or that denies or trivializes;
● contents that instruct on how to commit an unlawful act as per § 126, section 1 of the StGB (German Criminal Code) and/or glorify war.
3. Commercial Contents and Activities
● commercial contents and activities such as advertisements, prize competitions, raffles or pyramid schemes, unless express written consent has been given by WOIZZER and the offers are explicitly and clearly marked as commercial;
● the sending of private messages for commercial purposes;
● the use of information acquired via WOIZZER to contact other users without their prior explicit consent in order to deliver advertisements to them or direct sales at them;
● demanding from other users that they specify passwords or personal data for commercial or illegal purposes.
4. Collection of Data, Phishing and Similar
● announcing/publishing telephone numbers, addresses, surnames, URLs or email addresses as well as demanding, inciting or abetting such activities;
● demanding from minors that they specify personal data;
● demanding from other users that they specify passwords or personal data for commercial or illegal purposes;
● spying out data or obtaining it by other illegal or unfair means;
● electronic or other collection of information about users.
5. Infringement of Intellectual Property Rights of Third Parties and of Contractual Agreements
● WOIZZES, contents or activities that infringe intellectual property rights of third parties (copyrights, copyrights concerning designs and models, trademarks, law relating to the use of names, patents, registered utility models, etc.), e.g., illegal or unauthorized copies of a copyright protected work of another person, as well as any content of which the respective user is not the sole holder of rights or for which the user does not have the respective license;
● publication of photos or portraits or videos of another person without that person’s consent;
6. Automation, Disruption of WOIZZER, Misuse
● any automated use of the system, such as adding contacts with the help of scripts;
● disruption, interruption or undue overuse of WOIZZER;
● the attempt to impersonate another user or another person;
● disclosure of a password to a third party or using of a password by a third party with the user’s consent;
● sale or other transfer of the WOIZZER App;
● attempt to determine the absolute location of a user;
● using the WOIZZER server interfaces for software other than that provided by WOIZZER.
7. Electronic Attacks by Crackers, Crawlers, etc.
● Electronic attacks of any kind against the platform/ database/ network of WOIZZER or against individual users is strictly prohibited. Any electronic attack results in immediate exclusion of the user and will result in civil and criminal proceedings.
● Electronic attacks are, particularly, but not only
● attempts to overcome, avoid or otherwise override WOIZZER’s safety barriers;
● use of computer programs to automatically read data such as crawlers (alias spider or robot, short: bot);
● the deliberate use and/or spreading of viruses, worms, Trojan horses;
● use of links, programs or other procedures that could and are meant to harm the platform/ database/network of WOIZZER or individual users;
● brute force attacks;
● spamming.
8. (Other) Violations of Laws and Regulations
● wrong or misleading contents or activities promoting illegal activities or conduct;
● illegal, criminal activities or projects as well as conduct that supports, instructs on, incites, and abets such activities. These activities include, but are not limited to; the manufacture of illegal weapons, the breach of data protection legislation, child pornography, fraud, dealing in obscene content, drug dealing, gambling, harassment, stalking, spamming, development and distribution of computer viruses and other harmful files, intellectual property infringement, patent infringement;
● theft of company trade secrets;
● the use of WOIZZER in any way that offends current laws and regulations. Finally, the user is prohibited from using WOIZZER technology to place links to internet sites containing illegal content.
