Last revised on 22. September 2015
1. Service Description
Zoobe is a character voice-messaging app. It enables you to combine 3D animated characters provided by Zoobe ("Characters“) with your personal voice and audio messages and photos ("Your Content“) and then creates easy-to-share video clips ("Video Clips“). For a detailed service description please vistit the App’s tutorial section or our website at www.zoobe.com.
You do not need to register for the App in order to use it. However, certain App-features, such as sharing your Video Clips inside the App and communicating with other Zoobe-Users via the App ("Zoobe Community“), require your registration ("Registration“).
You may cancel your Registration at any time by sending an e-mail to firstname.lastname@example.org.
Your use of Zoobe and the Registration for the Zoobe Community is free of charge. You may incur connection costs depending on the particular internet service, cell phone contract or any other contracts you have concluded with third parties in order to access the App. Costs may be incurred for additional content such as special Characters that you buy within Zoobe ("In-App Purchase“).
4. Your use of Zoobe
4.1. User License
4.2. Your Content
a. By uploading Your Content to Zoobe, you grant us a non-exclusive, perpetual, worldwide, royalty-free, non-revocable, assignable and transferable license for Your Content in order to create and commerciallyexploit the Video Clips as defined herein. This license shall include (but not be limited to) the right to store Your Content on our servers and edit/transcode and combine yYour Content with the Characters.
b. You grant us the exclusive, perpetual, worldwide, royalty-free, non-revocable, assignable and transferable right to edit and commercially exploit the Video Clips incorporating Your Content and all other contributions you make available to the public in the App (likes, comments etc.) in any known or unknown distribution channel. This right shall not cease after you stop using Zoobe and/or cancel your Registration.
c. You must not upload Your Content, that is
· infringing third party rights (you must not upload Your Content, if you do not personally own the required rights!);
· contrary to laws (including the laws for the protection of minors, copyright-, trademark-, patent-, design patent or utility patent law);
· racist, inhuman, insulting or contrary to public decency;
· pornographic or promoting, offering or distributing pornographic products,
· harassing others (particularly in the form of spam);
· undertaking or encouraging anti-competitive actions, including progressive user canvassing (such as chain, snowball or pyramid selling schemes);
· blocking, overwriting, modifying, copying the App entirely or partly, except where necessary for the proper use of the App;
· undertaking actions likely to impair the functionality of our technical infrastructure, in particular by placing an excessive burden on these.
d. You represent and warrant, that Your Content is not encumbered by any third-party rights.
5. In-App Purchase
Zoobe offers a shop functionality („Shop“), that allows you to purchase additional Characters. The In-App Purchase is operated by our partners, Apple Inc. (USA) if you are using an Apple iOS device and Google Inc. (USA) if you are using an Android device. Thus, your purchase is subject to the additional terms and conditions of (i) the Apple iTunes Store (http://www.apple.com/legal/internet-services/itunes/) in case of iOS devices and (ii) the Google Play Store (https://play.google.com/intl/en/about/play-terms.html) in case of Android devices. An active iTunes / Google Play account is prerequesite to use the Shop.
The purchase contract between you and us becomes binding once you have successfully finished the iTunes checkout-process.
All prices in the Shop are final prices including VAT (if applicable). Some of the Characters offered in the Shop may be free of charge. We reserve the right to change prices at our own discretion at any time.
If you are using the Shop from a member state of the European Union, the statutory right of withdrawal shall apply.
The statutory termination rights shall apply. We reserve the right to terminate your use of Zoobe for good cause and our right to remove, block and delete your account in accordance with section 4.2. e.
We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of fitness of the App for a particular purpose. We do not make any representations or warranties that the App will be error free or that access thereto will be continuous or uninterrupted.
8. Limitation of Liability
We are not liable for
a. any special, incidental or consequential damages;
b. the cost of procurement or substitute products or services;
c. for interruption of use or loss or corruption of data; or
d. for any amounts that exceed the fees paid by you to us under this agreement.
We shall have no liability for any failure or delay due to matters beyond our reasonable control.
The foregoing shall not apply to the extent prohibited by applicable law. In the event of slight negligence, we shall not be liable to other businesses and shall be liable to consumers only for personal damages. We shall not be liable to businesses for follow-on damages, mere pecuniary losses, lost profits or damages resulting from claims of third parties.
10. Changes /Amendments
11. Severability, Applicable Law, Place of Jurisdiction
If a provision of the present Agreement should be or become invalid, this shall not affect the validity of the remaining provisions. In this case, the invalid provision shall be replaced by one that comes as close as possible to the commercial intent behind the old provision. The Parties shall be obligated to cooperate in arriving at a corresponding clarification of the text of the Agreement. The same shall apply to any potential legal gaps/omissions in the Agreement.
The present Agreement shall be governed by the laws of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
The place of jurisdiction for any disputes arising between the Parties in connection with this Agreement shall be Berlin, Germany.
© Zoobe message entertainment GmbH