The BubCon Media GmbH which is registered atAn der Hasenkaule 22, 50354 Köln-Hürth and represented by the CEO Dimitrij Scholochow (in the following referred to as “BubCon“) operates the messenger service “BubCon Messenger“.
2. Deployment conditions / services of BubCon
2.1 BubCon provides the BubCon Messenger whereby users can communicate via text- and voice message.
2.2 BubCon aims to ensure a proper operation of the messenger. However, BubCon does not guarantee an uninterrupted availability or accessability of the messenger service. This applies especially to technical delays due to maintenance operation or improvement of service.
2.3 BubCon reserves the right to change parts of services, single services or all services without prior notice.
3. Registration of users
3.1 The use of the messenger service is not possible until registration of the user was successful. The use of BubCon messenger is for free for the first two months. At the end of the two months the service of the messenger requires a charge.
3.2 Registration is carried out exclusively via BubCon Messenger. After installation, when the user activates BubCon Messenger for the first time, he/she can set up an user account by entering name and telephone number.
3.3 The user is obligated to give truthful information (regarding the registration process) and to update information if necessary. Registration must not infringe the rights of third parties.
3.4 An entitlement for registration does not exist.
4. Content rights
4.1 The messenger service generally includes content which is created and uploaded by the users. All data, which are made public via the messenger service, especially text, pictures, graphics and videos, are subjected to the relevant applicable laws, in particular trademark right, copyright, ancillary copyright and competition law. Reproduction, communication to the public or other use of proprietary information is generally illegal without permission of the rightholder.
4.2 BubCon does not have access to any messages or media oft he user due to its cryptographic technique. Therefore we don’t have any rights concerning content.
4.3 The user is urged to only publish information via the messenger service which are provided with the necessary rights. Generally, the user owns the necessary rights if he/she created the information or if he/she has the approval of the rightholder. This applies especially if the user uploads pictures or videos. If there is someone in the picture and/or in the video, the user has to make sure that he/she has the person‘s approval or that permission is granted under relevant legislation.
4.4 Upon first request the user exempts BubCon from all third party claims, especially from claims due to culpably caused infringement of copyright, infringement of competition law, infringement of trademark and infringement of personal rights, which are claimed in connection with uploaded material. The exemption also includes a reimbursement of costs to BubCon which are/were due to prosecution or legal defense. BubCon will inform the user as soon as possible on all steps of prosecution or legal defense which will be initiated.
4.5 The user is authorized to take suitable steps in order to take defensive actions against claims of third parties or to pursue his/her rights. However, the user has to coordinate his/her intented steps with BubCon.
4.6 In case the user finds out that the rights of third parties are infringed, he/she must inform BubCon immediately via e-mail: email@example.com
5. Prohibited content
5.1 Content which violates prevailing laws is prohibited. Furthermore, content which is harming, threatening, abusive, harassing, slanderous, discriminating, violating dignity, sexist, pornographic, glorifying or trivializing violence, racist, extremist, promoting terrorist or extremist political associations, encouraging criminal acts or content which is harmful to minors in some kind of way is prohibited. Criminal laws and youth protection regulations must be followed.
5.2 Prohibited is also content which gives information on illegal activities (e.g. information on illegal programs, cracking, illegal downloads, emulators).
5.3 Content which infringes the rights of third parties, especially patents, trademark rights, copyrights, ancillary copyrights, business secrets, personal rights or property rights mustn‘t be uploaded or provided to others.
5.4 Publication of personal information (e.g. name, address, telephone number) of third parties is prohibited unless there is a written agreement between the parties concerned.
5.5 Content which serves commercial purposes or which offers goods or other services is prohibited. This also includes multilevel selling/pyramid sales.
5.6 Links which directly lead to a download or a file that has no connection to the online platform are prohibited.
Users are obliged to take care of a peaceful and respectful conversation. Verbal slander, insults or discrimination towards other users are prohibited and will not be tolerated. In order to maintain peace users should do without cynical or ironic comments.
7. Liability and liability limitation
7.1 BubCon is a service provider as described in § 7 Abs. 1 TMG and is, according to general laws, responsible for information (only information that are published by BubCon) which are available on its online platform. BubCon does not extend warranty regarding the outcome of using our services or regarding content accuracy and reliability of information which were obtained from our services.
7.2 BubCon is not obliged and also not able to examine the legality of information which are uploaded or published by users. Furthermore, BubCon will not monitor information or search for evidence that will lead to illegality. The same applies if there is a link or reference to websites of third parties on the online platform. BubCon does not adopt uploaded and/or published information of users, as well as information which can be found on websites of third parties, or information which are based on internet links, as its own. BubCon is not responsible for the legality, correctness, up-to-dateness and/or completeness of these information. BubCon is not liable for damage caused by the use of these information.
7.3 If BubCon receives a hint regarding contravention or infringement via external- or linked information, BubCon will, if there is an obligation, check these information and/or accounts and will block or delete the respective accounts.
7.4 BubCon is fully liable for compensation due to intent or gross negligence, damages which relate to health effects, human injury or loss of life, according to the regulations of the Product Liability Act and within the scope of a guarantee which is assumed by BubCon.
7.5 When BubCon causes a breach of obligation through slight negligence, which is significant for achieving the purpose of the contract (cardinal duty), the liability is limited to the damage which is predictable and typical regarding to the nature of the business.
7.6 The liability limitation mentioned in 7.4 – 7.5 also applies to personal liability of BubCon’s employees, representatives and institutions.
7.7 BubCon is only liable for lost data up to the sum which would have incurred through proper and regular, risk-adequate saving of data for data recovery.
7.8 BubCon does not take any further responsibility or liability.
8. Term and termination
8.1 The contract is valid for one year. There is no automatical extension of the contract. Shortly before the end of the contract the user can extend the contract for one year.
8.2 The right to extend the contrat does not apply if:
– the user misuses personal information of third parties.
8.3 The user will be given the opportunity to comment on the issue before denial of the contract extension.
8.4 If there is a cause, BubCon is authorized to deactivate the account of the user with immediate effect.
8.5 After announcement of termination of the contract, the account will be deactivated within 30 days unless personal information are still needed for termination of the contract.
BubCon takes privacy very seriously. BubCon will not divulge to third parties or bring to the attention of others personal information, which we received from users, without authorization. You will find details regarding data acquisition and data processing in our privacy statement.
10. Applicable law, jurisdiction
10.1 The contract is subject to German law to the exclusion of the rules of the UN Convention on contracts for the International Sale of Goods (CISG) and conflict of laws.
10.2 Jurisdiction for all conflicts is – if legal – the place of buisness of BubCon.
11. Severability clause
12. Subject to change
As at December 2015