§ 1 Scope of Application
- Provider of the app is Marcel Dittmann, Richrather Straße 64, 40723 Hilden (hereinafter: “mubo”), e-mail: firstname.lastname@example.org.
- The app is available for download from the Apple AppStore and Google PlayStore.
- Any regulations or general terms and conditions of the user that deviate from these General Terms and Conditions of Use shall only apply if mubo has given its prior written consent.
- The user is a consumer, as far as the purpose of using the app and services of mubo cannot be predominantly attributed to his commercial or self-employed professional activity. By contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.
§ 2 Subject Matter of the Contract
- Subject of the contract is the free use of the app, which can be obtained by the user via the AppStores of Google and Apple.
- The user has the possibility to start a Musicbox via the app. The Musicbox is a music player that allows you to influence the order of songs in the playlist via so-called votes. Other users can connect to the user’s Musicbox, view the playlist and vote for songs. The song with the most votes is always at the top of the playlist.
- The music available locally on the mobile device can be used for playback. In addition, users can connect various streaming services to their Musicbox to stream music from the respective services.
- In addition, the user can make various settings that change the behaviour and the information displayed on his or her Musicbox.
- The user can also use the app to view and connect to other Musicboxes in their area. When connected to a Musicbox, he can view the playlist and vote for songs in the playlist.
- The constant availability of the mubo service cannot be guaranteed. The mubo system may need to be switched offline for maintenance, for example. Also the failure of the music cannot be excluded, because a stable Internet connection is necessary for the use of the app.
§ 3 Conclusion of Contract
- The present contract between mubo and the user comes into effect when the user clicks the corresponding button “Download”, “Buy”, “Install”, “Pay with Touch ID”, “Pay with Face ID” or the price button on the page of the app description of the respective AppStore and enters his personal password for the AppStore if necessary.
- A claim to the conclusion of a contract does not exist.
§ 4 How the App Works
- The use of the app and the website requires a stable Internet connection on the user’s device (e.g. computer, smartphone, tablet).
- The website can be used with the currently popular browsers (Firefox, Chrome, Edge, Safari). The user is obliged to keep his browser up to date for proper use and in particular to import all security-relevant updates of the browser.
- The app works on smartphones and tablets with the operating systems iOS from version 9.0 and Android from version 5.0. Older versions of these operating systems are not supported. Hardware with older operating systems may therefore experience compatibility and interoperability problems.
- With regard to the processing of personal data, the regulations in the data protection declaration, which can be accessed on the website or within the app, apply.
§ 5 Adaptation of the App and Services
- mubo is constantly working on optimizing the app and the services offered. Therefore mubo reserves the right to add or remove functions and features and possibly introduce new restrictions of the app or the services. The user may terminate the use of the app at any time.
§ 6 Third Party Contents
- The app and website contain content and information about various users’ Musicboxes. These contents of the app and the corresponding areas of the website are created solely by the participating users and made available via the app or website.
- mubo does not check these contents for completeness, topicality or correctness. mubo can therefore accept no liability for the completeness, correctness, up-to-dateness and quality of the contents of the information provided by the owners of the Musicbox.
§ 7 Copyright Protection of Content
- The app contains content which is protected by copyright, trademark and/or other protective rights in favour of mubo or in favour of third parties.
- The rights to content that a user posts within the framework of the app remain with the respective user. However, the user grants mubo a simple, free and revocable right to use the content, in particular the right to make the content publicly accessible..
§ 8 Account/Registration
- The prerequisite for the provision of a Musicbox via the app is the user’s registration with mubo.
- Registration takes place by entering an e-mail address and an individual password.
- The user can only be a single natural person. Groups such as families, friends, life partners, etc. and legal entities are not admitted as users. The user name chosen by the user may not infringe the rights of third parties and may not violate existing legal prohibitions or morality.
- The user assures that the information provided by him during registration is complete and true. The registration of the user by third parties is not permitted. Upon successful registration, a user account is created for the user, which he can administer independently. The user account is not transferable, unless mubo has given its express written consent.
- The user has no right to registration and activation.
§ 9 Duties of the User
- The user is obliged to keep the data provided during registration up to date. Changes of his data, in particular a change of his e-mail address, he will inform mubo immediately. The notification can also be made by changing the data in the user account.
- The user is obliged to keep his access data secret at all times and to protect them from access by third parties.
- It is not permitted to use the access data of another user.
- If the user suspects that his access data was obtained by third parties without authorization or is used without authorization, he will inform mubo immediately and change his data.
- The user is obliged to refrain from all measures and actions that endanger or disrupt the functioning of the app or the website. Furthermore, he is obliged not to access data to which the user is not entitled.
- The retrieval of content made available by mubo may only take place in such a way that the use of the app/website by the other users is not impaired.
- Communication between mubo and the user usually takes place via e-mail. The user therefore ensures that the e-mail address provided during registration is regularly checked for messages from mubo.
§ 10 Accountability
- Claims of the user for damages are excluded. Excluded from this are claims for damages of the user from the injury of life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as the liability for other damages, which are based on an intentional or grossly negligent breach of duty by mubo, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
- In the event of a breach of essential contractual obligations, mubo is only liable for the foreseeable damage typical for the contract, if this was caused by simple negligence, unless the user’s claims for damages are based on injury to life, body or health..
- The restrictions of paragraphs 1 and 2 also apply in favour of the legal representatives and vicarious agents of mubo, if claims are asserted directly against them.
- The limitations of liability resulting from paragraphs 1 and 2 do not apply if mubo maliciously concealed the defect or assumed a guarantee for the quality of the item. The same applies if mubo and the user have made an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.
§ 11 Arbitration / Settlement of Disputes
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at http://ec.europa.eu/odr.
§ 12 Other Provisions
- Contracts between mubo and the user are subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions limiting the choice of law and the applicability of mandatory provisions, in particular those of the country in which the user as consumer has his habitual residence, shall remain unaffected.
- If the user is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the user and mubo is the registered office of mubo.
- The remaining parts of the contract remain binding even if individual points are legally ineffective. The ineffective points shall be replaced, if available, by the statutory provisions. However, if this would constitute an unreasonable hardship for a contracting party, the contract shall become invalid in its entirety.
Status of the GTC: May 2018