General Terms of Use

 

1. Scope of Application/Definitions

  1. Tickaroo GmbH (hereinafter: „Tickaroo" or „we" etc.) is the responsible operator of the website www.tickaroo.com and has the sole intellectual property rights of the software “Tickaroo Pro - Live Blog”. This software, which is copyright protected, is a web-based live news and sports reporting software that enables the different processes in a news and sports organization to be served by one overarching software solution. Tickaroo provides this software as a software as a service solution (hereinafter: „Services") on the basis of a separate SaaS contract exclusively for the commercial or self-employed professional activity of the Client (hereinafter: “Client”) via the Internet. To book the Services online and be able to use them, registration of the Client or his authorized representative and the creation of a user account (hereinafter: „Tickaroo Account") is required. Registered Clients can – in accordance with the below conditions - create an “organization account” within their organization via their Tickaroo Account and authorize further users of their organization to make use of the contractual services as vicarious agents as intended („Authorized Users").
  2. Any use of Services via a Tickaroo Account presupposes agreement with the following Terms of Use. The following Terms of Use regulate the contractual relationship between Tickaroo and the natural and legal persons who apply for a Tickaroo Account and use the Services free of charge or against payment (hereinafter: „User").
  3. Tickaroo’s legal relationship to its Clients shall be governed by a SaaS agreement and/or a separate agreement in addition to and with priority over these Terms of Use.

2. Nature and Scope of our Services

  1. Tickaroo provides Services for the Client via the medium of the Internet in the field of software for LIVE reporting. The subject matter of the SaaS contract (“Contractual Services”) are
    • the granting of the non-exclusive and non-transferable rights of use to the web-based software “Tickaroo Pro - Live Blog” via an Internet connection for the duration of the term of the SaaS contract, and
    • the storing and processing of the Client’s data used for this purpose (data hosting), as well as
    • enabling publication of the elements generated by the “Tickaroo Pro - Live Blog” in an Internet presence edited by the Client in accordance with the SaaS contract.
  2. Access to the Internet by the User and the hard- and software required for the use of the web-based Services (i.e. PC, operating system, Internet connection, browser) are not subject of this contract and are not owed by Tickaroo. The User is therefore solely responsible for the functionality of the Internet access required for the use of the Services, including transmission paths, connection costs and their own end devices.
  3. Tickaroo develops the “Tickaroo Pro - Live Blog” software at irregular intervals and will improve it through updates and upgrades.

3. Permission to Use the Services

  1. Permission to use our Services is at your own risk and is subject to these Terms of Use in their respective current version. When using our app, the terms of use of the respective shop (i.e. AppStore, Google Play) also apply. In case of doubt, regulatory gaps and contradictions, the Terms of Use of Tickaroo take precedence.
  2. The User is not entitled to transfer his rights of this contract to third parties or to make it available to unauthorized third parties against payment or free of charge.
  3. The User is not entitled to copy, modify, duplicate, create derivative works of, frame, mirror, republish, download, display, transmit or distribute the “Tickaroo Pro - Live Blog” software or any part thereof in any form or by any medium or means whatsoever; or to decompile, disassemble, reverse engineer or otherwise convert the software or any part thereof into a recognizable format; or not to access the services or any part thereof in order to build a product or provide a service that competes with the Services of Tickaroo.

4. User Registration/Login

  1. To create a Tickaroo Account and to be able to make use of the Services and functions made available by it, registration of the User is required. To register, Users must be at least 18 years old. They are obliged to provide truthful and complete information when registering. It is expressly forbidden to use personal data of other individuals when registering. The use of third-party email addresses and the creation of user accounts for other persons or multiple registrations for one user are not permitted. Registered Users can change or update their registration information at any time or delete their user account. More information about this can be found in our data protection declaration.
  2. The User is responsible for keeping the password to his Tickaroo Account confidential. The User is responsible for all actions and content which is transmitted via their Tickaroo and/or via Tickaroo Accounts of users authorized by them. The User must, in the interest of their own obligations, inform Tickaroo immediately about any suspicion of unauthorized use of their Tickaroo Account and/or Tickaroo Accounts of Users authorized by them.
  3. Should the Services of Tickaroo be used by unauthorized third parties using the Client's Tickaroo Account and/or a Tickaroo Account of the Users authorized by him, the Client shall be liable for any charges incurred thereby until the Client has ordered the respective account to be changed or until notification of the loss or theft of the respective access data has been received.
  4. Tickaroo may immediately block a Tickaroo Account and discontinue the Services linked to this account if there are grounds for suspicion that the content and stored data transmitted via the Tickaroo Account are unlawful and/or infringe on the rights of a third party (see also regulations for the upload of User Content pursuant to Section 5.). Grounds for suspicion of unlawfulness and/or an infringement of the law exist especially when courts, authorities and/or other third parties have informed Tickaroo of this. Tickaroo has to immediately inform the Client of the blocking of the account and the reasons for this. The block must be lifted as soon as the suspicion has been extinguished.
  5. Apart from mandatory legal provisions, Tickaroo is not obligated to monitor the information transmitted by the User via his Tickaroo Account or to investigate circumstances that indicate a violation of the law (“Provider Privilege”).

5. Upload of User Content

  1. After successful registration, the User receives - depending on the nature of the Contractual Services - the opportunity to upload multimedia content such as texts, images, videos, social media posts etc. (hereinafter summarized as “User Content”) to the Services and to make legally binding declarations. The User is responsible for the content provided by them. Tickaroo assumes no editorial or other legal responsibility for the User Content.
  2. The User is obligated not to upload or to have uploaded by his authorized users, any content in the “Tickaroo Pro - Live Blog” software and the storage space provided with it that violates the law, official requirements or the rights of third parties. The User is responsible for obtaining all required admissions and authorizations necessary for the contractual use of the User Content and data provided by them or persons authorized by them. In particular, the User is prohibited from uploading content
    • the dissemination of which is punishable by law;
    • that contain false factual allegations;
    • that is insulting, threatening, glorifying violence or defamatory;
    • that is racist, unconstitutional or xenophobic;
    • that is pornographic, immoral, offensive or otherwise criminal or unlawful;
    • that violates the rights of third parties.
  3. The rights of third parties may include, for example, copyrights, trademark rights, patent rights or ancillary copyrights as well as personal rights, data protection rights or property rights.
  4. Furthermore, the Content may not contain any links or similar information/references that can be used to compromise the functioning of other data processing systems, especially computers.
  5. When uploading User Content, additional notes and guidelines that Tickaroo publishes in connection with the respective dialogue boxes must be taken into account.
  6. Tickaroo is entitled at any time to remove and delete User Content that infringes upon the regulations stated in the Terms of Use or in any other way violates applicable law.

6. Use of the marketplace

  1. The Services and the marketplace as well as its Contents and data are protected by copyright, trademark, database rights and other laws. The duplication, public reproduction, other use or exploitation of protected content and data is generally not permitted without the consent of the rights holder. The User is obligated to refrain from any use or exploitation beyond the personal, non-commercial and lawful use within the scope of the purpose limitation, which infringes upon the intellectual property rights of Tickaroo or violates the rights of other users or third parties.
  2. If User Content is offered on the marketplace for use by other Users (“Providers”), any use is subject to the terms and conditions drawn up by the providers themselves. The provider shall ensure that he holds all copyrights and other rights to the Content he shares within the meaning of these Terms and Conditions and that he is entitled to grant other users the rights of use offered by him via the marketplace. Generally, this is only the case when the provider himself is the copyright holder of the shared User Content, in other words, it was produced by himself.
  3. With the uploading of Content on the marketplace, the provider grants Tickaroo a free-of-charge, non-exclusive, materially and spatially unrestricted right to use, reproduce, edit, distribute, transmit, make publicly available and sublicense its User Content for the operation and promotion of the marketplace as intended. Moral rights stay with the copyright holder and are not transferred by this regulation.

7. User Liability/Exemption

  1. Every User that sets up Content in the Services or uploads Content, is themselves responsible and liable according to general laws and the above conditions.
  2. In case of a culpable violation of the obligations resulting from the general Terms of Use, the User has to indemnify Tickaroo from all claims of third parties which are lodged against Tickaroo because of a resulting violation of the corresponding rights of third parties. The Client is also liable for any culpability of Users authorized by them pursuant to § 278 BGB (German Civil Code) as joint and several debtors with the User. The indemnification obligation also includes all required costs for legal defense. Tickaroo undertakes to inform the Client immediately in writing about the assertion of claims by third parties. The indemnification obligation does not apply if and to the extent that claims against Tickaroo are based on the latter’s failure to take immediate action to remove unlawful content after becoming aware of such content.
  3. Further claims for damages due to culpable violation of the obligations arising from these Terms of Use remain reserved.

8. Liability on the part of Tickaroo

  1. Our Services can be accessed free of charge, provided that no additional Services which may be subject to a charge, are used. In doing so, we strive to ensure proper operation as well as constant accessibility of our Services, without however, assuming any guarantee for this.
  2. Tickaroo is liable without limitation for intentional and grossly negligent breaches of duty, for slight negligence, however, only in case of breach of material contractual obligations. Material contractual obligations are those on the observance of which the User may regularly rely, which actually enable the proper performance of the contract and the violation of which would endanger the fulfilment of the purpose of the contract.
  3. Insofar as there is a possibility of transmission to databases, websites, services etc. of third parties via the marketplace and/or in the Services, e.g. by setting links or hyperlinks or interfaces to other applications, Tickaroo will not be liable for the accessibility, existence or the security of these databases or services, nor for the content thereof.
  4. The User Content posted in our Services is based on the information of third parties, therefore Tickaroo cannot be held liable for the correctness, completeness and the up-to-dateness thereof, unless and to the extent that mandatory legal provisions stipulate liability on the part of the provider. Third-party information and content that has been posted by Users or are uploaded to our Services do not constitute statements, evaluations, recommendations or findings of Tickaroo. We do not take ownership of such User Content and are not obliged to check the correctness, completeness and lawfulness thereof. We are therefore also not responsible for User Content unless and to the extent that we have knowledge of its incorrectness, incompleteness or illegality. Should Tickaroo be made aware of an infringement of the law, we shall immediately undertake the (then) compulsory examination of the User Content and, if necessary, implement further measures (for example, their deletion).
  5. Use of the Internet and the devices used for this takes place at the User’s own risk. We do not accept any liability for the access to our Services via the Internet as well as for interruptions due to technical problems and/or the breakdown of our Services.
  6. Tickaroo is only liable for the loss of data according to the preceding paragraphs if such a loss could not have been avoided by adequate data protection measures on the part of the User.
  7. The above mentioned limitations of liability do not apply if and insofar they concern claims for damages arising from injury to life, body or health for which Tickaroo is responsible.

9. Validity and Amendments of the Terms of Use

  1. The Terms of Use and General Terms and Conditions always apply in the version published on www.tickaroo.com at the time of the use of the Services by the User.
  2. Tickaroo shall reserve the right to amend these Terms of Use in whole or in part with effect for the future in order to eliminate errors, to optimize and further develop the existing Services, to expand the Services with additional offers and/or functions, to adapt them to amended legal bases, for legal and/or regulatory reasons, or for security reasons.
  3. Should the Client already be registered with a Tickaroo Account at the time of the amendment of the Terms of Use (Section 4 of these Terms of Use), Tickaroo is only entitled to change the Terms of Use insofar as the Client is not unreasonably disadvantaged by the changes.
  4. In the event of an amendment to these Terms of Use, the registered User shall be automatically and expressly informed thereof by being requested to log in again - with reference to the dated Terms of Use. When renewing their login (being accordingly informed), the User declares that they agree with the amended Terms of Use.
  5. Should the amendment of the Terms of Use in part be ineffective, null and void or not enforceable, the validity and effectiveness of the remaining amendments will not be affected thereby.

10. Miscellaneous

  1. German law shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
  2. Should these Terms of Use or parts thereof not be effective or become ineffective, the remaining provisions of the Terms of Use shall remain effective and unaffected. The invalid part shall be replaced with a part which comes as close as possible in economic terms to the meaning and purpose of the invalid part or the Contracting Parties’ intentions in a legally effective way.

11. Alternative Dispute Resolution

The EU Commission makes a platform for online dispute resolution available at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer. Tickaroo is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.