Terms of Service
Step inside and enjoy Club Cooee! And… invite your friends!
Club Cooee is a 3D virtual environment where you can meet friends, chat, go for a coffee (well, just virtually, of course), or where you can just hang out with your Buddies. Go ahead and start creating your own network of friends to spend time and have fun with.
However, since Club Cooee is a purely virtual environment, you should take a few minutes to read these Terms of Service. Through these Terms of Service you will learn a lot about how Club Cooee works and how you can get the most out of your Club Cooee experience.
Club Cooee is provided to its Members by cooee GmbH (in this document, we will call this company simply “cooee”) subject to these Terms of Service including all Policies and Codes of Conduct linked to from these Terms of Services (please see Sect. 13 for more details).
These Terms of Service do not relate to any questions which might arise regarding your internet connection, your connection to Club Cooee, or any third party software (browser, operating systems, driver etc.) because these services are not provided by cooee.
Club Cooee in a Nutshell
- (1) Club Cooee is a 3D virtual platform which is accessible to and inhabited by real people who have established a Membership for Club Cooee and have, therefore, become Members of Club Cooee. Every Member of Club Cooee is represented by its avatar.
- (2) Everything you can see or hear in Club Cooee belongs to cooee or one of the Club Cooee Members and constitutes Club Cooee’s Content. Club Cooee is very much shaped by its Members, and what they do inside Club Cooee.
- (3) Club Cooee is divided into Public Rooms and Private Rooms. Every Member receives a Private Room as a Welcoming Gift upon establishing a Membership with Club Cooee. This Room will be provided in a basic form and will be open to modification by its Inhabitant subject to these Terms of Service.
- (4) Club Cooe’s Basic Membership is free for non-commercial purposes. Some services, actions or features may only be available for paying Gold Members of Club Cooee. You must mot make commercial use of Club Cooee unless you have prior permission from cooee!
- (5) One of the Main Characteristics of Club Cooee is its Buddy Network and the Club Cooee Community. To become a Buddy of another Club Cooee Member, cooee may offer you the possibility to become a Fan of a Club Cooee Member who you especially like. By becoming a Fan, you send out a friendship request and your favourite Member will receive a notification from cooee. If your favourite Member approves your friendship request, you have become Buddies. You can create your own personalized Buddy Network!
- (6) cooee may offer you the possibility to invite your Buddies to your Private Room or meet them in their Private Rooms or in one of Club Cooee’s Public Rooms. You may have the possibility to Instant-Chat with other Members of Club Cooee, or use the Wallpost feature to communicate with other Club Cooee Members.
- (7) cooee may also offer you the possibility to see everything your Buddy does and, vice versa, your Buddies may see everything you do in Club Cooee. Therefore, it will always be easy to communicate with your Buddies. However, cooee may give you the possibility to get some privacy by offering features to modify the Club Cooee settings. However, please do choose your Buddies carefully, and be prudent on what you reveal within Club Cooee. Remember: Friends do not always stay friends, and not everyone is really as nice as he pretends to be. Think twice before giving out anything which can identify you in the real world, such as your address, phone number, or even your real name. One final word of warning: While cooee takes all reasonable measures to protect your privacy from everyone but your Buddies, when communicating over the internet, you can never be sure that no-one else is eavesdropping – hackers can access all information exchanged over the internet if they really try.
- (8) As a Welcoming Gift, you receive one Private Room free of charge from cooee. However, if you would like to have it more spacious, cooee may offer you the possibility to purchase more Private Rooms.
- (9) You may also purchase Items from cooee which you can use to decorate your room, to fit out your avatar or for other purposes. Please be aware that Items in Club Cooee may not last forever. Please see the respective Item description to find out more about Items in Club Cooee.
- (10) cooee may offer you a Club Cooee Currency which you can use to purchase Items from cooee. cooee may also offer you the possibility to buy Items from other Members of Club Cooee or to trade things with other Club Cooee Members. Please be aware that the Club Cooee Currency is not a real currency! cooee may sell Club Cooee Currency, but is not obliged to redeem Club Cooee Currency for real currency or any other monetary value. The possibility to purchase and/or use Club Cooee Currency may be or may become restricted to Gold Members or may be open for all Club Cooee Members in cooee’s sole discretion.
- (11) Please keep in mind that Items in Club Cooee are not “goods” or “property” as defined by law. In case you are “buying” a Private Room or other Items from cooee, you do not become the owner of these Items or Rooms, but the “seller” grants you a limited license, subject especially to these Terms of Service, irrespective of the Terminology used. Notwithstanding any other stipulations and rights of cooee, such license ends when the contract between you and cooee ends, especially upon Termination (see Section 16). Your Private Rooms and other Items forfeit, unless otherwise provided hereinafter.
- (12) Notwithstanding any other language or context to the contrary, as used in these Terms of Service and throughout Club Cooee in the context of the transfer of Club Cooee Currency, Items or other Content, the term “sell” means “to transfer for consideration to cooee or another Club Cooee Member the licensed right to use Club Cooee Currency, Items or other Content in accordance with these Terms of Service”, and the term “buy” means “to receive for consideration from cooee or another Club Cooee Member the licensed right to use Club Cooee Currency, Items, or other Content in accordance with these Terms of Service”. The terms “buyer”, “seller”, “sale” and “purchase” and similar terms have corresponding meanings.
Let’s start and go into detail…
Sect. 1 How can I become a Member?
- (1) You can only become a Club Cooee Member if you register for a Club Cooee Membership. You can do so on www.clubcooee.de. You do not have to be of legal age to become a Member of Club Cooee. However, if you are not yet of legal age, it is important to first get your Parents’ (or legal representatives’) Consent before you sign up for Club Cooee. If you do not have your Parents’ (or legal representatives’) Consent, you are not allowed to become a Club Cooee Member. By signing-up for Club Cooee, you expressly declare that you either are of legal age or have your Parents’ (or legal representatives’) Consent. cooee may require you to prove your Parents’s (or legal representatives’) consent by sending a Written Note of this consent to cooee.
- (2) Registering, i.e. applying for a Membership, requires you to fill in a Registration Form and to submit various information.
- (3) By filling in the Registration Form for your Membership, you submit a binding offer to enter into a contract over the usage of Club Cooee (the Membership Offer). All fields of the Registration Form which are marked as being “required” have to be filled in. Any statement you submit through the Registration Form must be complete and correct.
- (4) The contract between you and cooee is concluded when cooee accepts the Membership Offer, either by declaring acceptance explicitly, or otherwise by commencing to fulfil. You only become a Club Cooee Member once cooee has accepted your Membership Offer and created an Account for you. cooee can decide in its sole discretion whether or not to accept your Membership Offer and to create a Membership Account for you. Once your Account has been created, you may participate in Club Cooee by launching the Club Cooee Client and logging in.
- (5) cooee will promptly confirm the reception of the Membership Offer by e-mail sent to the e-mail address submitted in the Registration Form. This confirmation is not a binding acceptance of the Membership Offer. The confirmation can, however, be sent together with such acceptance.
Sect. 2 How can I withdraw my registration?
Note on withdrawal
You can withdraw the Membership Offer or the purchase of a Gold Membership or Gold Member Features in text form (e.g. letter, telefax, e-mail) within two weeks (Time Limit). You do not have to give any explanation for this. The Time Limit starts when you have received this instruction on your right to withdraw in written form, but not before the conclusion of the contract and not before Orbster has fulfilled its informational obligations under Sect. 312c (2) 1 BGB, Sect. 1 (1), (2), (4) BGB-InfoV as well as its obligations under Sect. 312e (1) 1 BGB, Sect. (3) BGB-InfoV. It is sufficient to send the withdrawal within the Time Limit.
The withdrawal has to be addressed to:
Phone: +49 (0) 6301 – 703 290
Fax: +49 (0) 6301 – 703 294
When withdrawing via e-mail, your name as well as the words “withdrawal” or “Widerruf” have to figure in the subject line.
In case of a valid withdrawal, both parties have to return the services they have received and to restitute the benefits based on the use if applicable. If you are not able to return completely the services or if you can only return them in part or only in deteriorated condition, you are obliged to pay compensation to this extent, as the case may be. This means that payments may not be completely reimbursed if you have enjoyed benefits based on the use of Club Cooee before the notice of withdrawal.
The right to withdraw ends premature in case cooee has started to deliver the service with your explicit consent before the expiration of the Time Limit, or if you have initiated yourself the delivery of the service. This is to be assumed if you have used Club Cooee.
End of instruction on your Right to Withdraw
Sect. 3 What is my job?
- (1) In order to become a Member of Club Cooee and use its services, actions or features, you must sign up for Club Cooee (see Section 5).
- (2) Please note that you are responsible for all your actions in or related to Club Cooee. You always have to respect all applicable legal rules, including statutory law and these Terms of Service. Please consult the list in Sect. 11 to get an idea about Content and Actions which are forbidden in Club Cooee. You also have to follow the Rules communicated to you and all the other Members of Club Cooee by cooee. You have to refrain from any other activity which is an obstacle to Club Cooee or to an enjoyable Club Cooee experience. Therefore, you agree to follow the instructions of cooee, its employees, assistants and vicarious agents, including administrators and moderators of Club Cooee.
- (3) You acknowledge and agree to only access Club Cooee through the cooee Client provided by cooee.
- (4) Last but not least, you shall comply with all your other obligations under these Terms of Service (see especially Section 11).
Sect. 4 What is cooee’s job?
- (1) cooee has created Club Cooee, the cooee Technology and related services.
- (2) cooee is not a party to your agreement with any third party that provides software, products or services to you in connection with Club Cooee.
- (3) cooee does not generally control, regulate or pre-screen Content made available by Members of Club Cooee or the actions performed by Members of Club Cooee. Therefore, since everything you can see or hear in Club Cooee is created by and belongs to either cooee or Members of Club Cooeee, you may be exposed to Content or actions you may find unacceptable, disgusting or despicable. cooee has only very limited control over Content which is created or uploaded by its Members, so cooee cannot vouch for the quality, accuracy, morality and legality of various aspect of Club Cooee. However, cooee may take appropriate actions against any Members of Club Cooee who disturb Club Cooee, especially by not respecting their obligations (see Section 10).
- (4) cooee may, without prior notice, change aspects of Club Cooee to the extent determined in Section 12. Especially, cooee may insert Content or delete Content originally inserted by cooee to the extent determined in Section 12. Please be aware that in certain cases cooee may have to delete Content inserted by its Members, especially Content which is contrary to Section 11. This is for your benefit only and serves to make Club Cooee a fun place to be.
Sect. 5 How do I access Club Cooee?
- (1) Club Cooee’s 3D environment is simulated by the cooee Technology, especially software installed locally by the Members of Club Cooee (Club Cooee Client) as well as servers and software which run on cooee’s Servers (cooee Servers).
- (2) You may only access Club Cooee and use Club Cooee through the cooee Client or with tools specifically provided or approved by cooee (“prohibition of non-authorized scripts”). It is strictly prohibited to alter or modify the cooee Client, as any such action potentially interferes with Club Cooee and may severely affect other Club Cooee Members. It is also prohibited to decompile or reverse engineer the cooee Client without cooee’s prior consent. If you feel you have the right to decompile the cooee Client in order to exercise your rights under statutory law or these Terms of Service, please contact cooee.
- (3) You are not allowed to use programs which might cause an excessive load on the cooee Server. Software which systematically or automatically performs commands or functions within Club Cooee (such as bots or macros) as well as software which may be used to monitor, reproduce or analyze Club Cooee, elements of Club Cooee or any cooee Content (save for the respective Club Cooee Member’s own content), is prohibited.
Sect. 6 Will Club Cooee Change?
The cooee Client may be updated from time to time. Some of these updates may improve certain elements of Club Cooee and you are free whether you will update or not. However, there may be compulsory updates which you have to accept in order to continue to use Club Cooee as a Member – that’s because Club Cooee is a connected service which requires that some of the elements are the same for all the Members.
Sect. 7 What about other Software?
- (1) You acknowledge that cooee is not liable for damages or loss of data on your computer which is caused by the installation of software which does not origin from cooee. cooee is not responsible for any software used with or in connection with Club Cooee other than the cooee Technology.
- (2) cooee only provides the cooee Client and supporting libraries. cooee does not provide or install any other software which may be required on your local computer, such as the operating system, or hardware drivers, if applicable. It is your responsibility to maintain the computer in a state which enables the use of Club Cooee (see also Section 12). cooee therefore does not provide technical support for the installation of software required on your local computer.
Sect. 8 What do I do with my Access Data?
- (1) You shall keep all Access Data for Club Cooee (login, passwords etc.) strictly confidential. You will promptly inform cooee if you find out or suspect that an unauthorised third person is in possession of your Access Data. Please inform cooee in written form, e.g. via e-mail.
- (2) In case cooee has reason to believe that an unauthorised third party is in possession of Access Data, cooee may, without assuming any responsibility to do so, and always acting at its sole discretion, change the Access Data without prior notice or block the respective Account. cooee will promptly inform the rightful Club Cooee Member and will, upon request, communicate the new Access Data to him or her without undue delay. You cannot claim to have your initial Access Data restored.
- (3) Note that in case a third party uses, through your fault, Club Cooee with your Access Data, you are liable for the fees and for damages! All access through your Access Data shall be considered as an access by yourself.
- (4) Passwords should regularly be changed for security reasons.
- (5) You are solely responsible for the use of your Account.
- (6) You must not use the Account or Access Data of another user.
- (7) cooee will never ask you for your password. You should never disclose your password to any third person.
Sect. 9 What about spyware, data corruption and other nasty stuff?
- (1) Of course cooee protects its systems against viruses and other malicious codes. However, as you might probably know from your own experiences, you acknowledge that virus infections and malicious code can never be completely ruled out. It is your own responsibility to protect all data stored on your computer against unauthorized access, and against data loss! Measures such as encoding of confidential information, using a different partition of the hard disk or another hard disk for confidential information, and regularly backing up valuable data might help you protect your data.
- (2) You acknowledge and agree that you should never rely on Club Cooee to store valuable data, but keep local backups on any and all valuable information you may submit, upload or store in Club Cooee.
- (3) You are aware that unauthorised third parties may send e-mails under the name of cooee, without cooee’s knowledge or consent, and such e-mails may contain viruses, spyware or link to websites which, in turn, contains viruses, spyware, or other malicious code. Note that cooee cannot prevent such behaviour! You will, therefore, check all incoming mail sent by or under the name of cooee, or other Club Cooee Members, for viruses and malicious code before opening them.
Sect. 10 What are my Principal Obligations?
- (1) Your principal obligation is to pay the fees, unless you use the Basic Membership (see below Section 14). Another principal obligation of you is to correctly and completely submit all data which cooee rightfully requests upon entering into the contract, or in the course of the contractual relation with you. Therefore, when signing up, you declare that the information relating to you or other facts relevant for the contract (especially payment details) and which you provide in the Membership Offer or upon conclusion or during the course of the contractual relation are accurate, complete and correct. You will inform cooee about any changes to these information without undue delay. Upon request, you shall confirm the data to cooee.
- (2) You shall respect the Rules. In case of continued breach of the Rules despite reminder or severe breach of the Rules (cf. Sect. 11.6), cooee may cease all services and deliveries immediately and without granting a deadline, and terminate the contract with immediate effect.
Sect. 11 What exactly is Club Cooee’s Content and Actions? What’s allowed and what is forbidden?
- (1) Everything in Club Cooee belongs to either cooee or a Club Cooee Member. Therefore, a large portion of Club Cooee’s Content is created by Club Cooee’s Members. Such Content may include Avatars (including their names), items (for example clothes, accessories etc.), modifications of Private Rooms (furniture, pictures, or other decoration), descriptions, reviews and ratings of other Club Cooee Members or their content, or media content made available by the Club Cooee Members. Please note that cooee and other Club Cooee Members may have rights in their respective Content under copyright and other legal provisions. Please note that you are solely responsible and liable for your use of any Content in violation of any such rights! So do not use, or copy Content of other Members without having their prior permission.
- (2) For all Content you make available in Club Cooee and for all actions you perform in Club Cooee, you will respect the guidelines (see Sect. 4 above). When making Content available through Club Cooee, you will not do this expecting any form of compensation from cooee.
- (3) You will be solely responsible to obtain all permits and licenses you may require from third parties to make Content available or perform actions on Club Cooee, for example to use copyright protected material.
- (4) Comments, especially descriptions, reviews and ratings of other Club Cooee Members and their Content and actions shall be fair and objective.
- (5) In case of doubt, you shall promptly remove any Content and discontinue any action, to which cooee has objected.
- (6) cooee may also remove such Content on its own, and prevent such actions. cooee may especially delete any Content and prevent actions, in whole or in part, which give reason to assume a breach of these Terms of Service or of the Rules of applicable law, for example Content with falls in one of the following categories:
- Infringement of third party rights (for example by using trademarks, names, pictures, videos, music, games, computer programmes, or other protected material).
- Infringement of any other applicable laws and other legal rules (for example with regard to youth protection, data protection, protection of personality rights and protection against insults, false or misleading information, promotion of or instructions for illegal activities).
- Usage of Member names or e-mail-addresses of other Club Cooee Members without their prior consent for promotional purposes, such as sending unsolicited e-mails, spam-mails or chain-mails.
- Content or actions of racist, threatening, obscene, defaming, political extremist, religious, violent, sexist nature or which are otherwise harmful to underage persons.
- (7) Content deleted according to Sect. 11.6 will not be restored by cooee.
- (8) cooee may terminate your Membership with immediate effect pursuant Sect. 16.6 and 16.7.. cooee reserves to exercise its further rights, especially to claim damages.
- (9) You will inform cooee in case you learn about an abuse of Club Cooee by other Members of Club Cooee or third persons, such as making accessible or sending Content or performing actions violating Sect. 11.6. To ensure effective measures, cooee requests such information in written form (e.g. e-mail). If at all possible, please use the notification system provided within Club Cooee.
- (10) cooee does neither endorse nor approve of actions performed or Content made available by the Club Cooee Members.
- (11) cooee does not generally control the Content or actions in Club Cooee, especially not before they go live (see Sect. 2.3 above). In case cooee learns that Content is illegal, it will be deleted promptly.
- (12) cooee disclaims of any liability or warranty with respect to Content made available or actions performed by Club Cooee Members, especially their accuracy, completeness, and reliability.
- (13) Your Membership is only a license to use Club Cooee, regardless of intellectual property rights you may have in Content you create or otherwise own and which may be stored on your Account. This means that while you hold all intellectual property in your Content and can use it outside Club Cooee at your sole discretion, you do not own your Account.
Sect. 12 Will I have to use special Hardware or Software for Club Cooee? Will Club Cooee be available 24/7? Do I have rights if there are bugs?
- (1) Unless otherwise provided for in these Terms of Service, Club Cooee is offered to you on an “AS IS” and “AS AVAILBLE” basis.
- (2) cooee offers the Club Cooee Members to participate in Club Cooee over the Internet. However, please note there are a few some technical and commercial limitations as outlined below.
- (3) Technical and other requirements for Club Cooee (“Specifications”) are outlined on the Club Cooee website. As several hardware and software components which may affect the functioning of Club Cooee, such as the setup and configuration of the operation system or hardware drivers, are numerous and subject to change beyond cooee’s knowledge or control, such Specifications cannot be accurate and complete at all times. You should never rely on the Specifications as listed on the website when purchasing new software or hardware. When in doubt you may seek prior advice on Club Cooee compatibility in cooee’s forums, by asking Club Cooee Members who are using the same component, or by contacting such component’s manufacturer or retailer. cooee does not assume any liability for such third party advice. cooee will use commercially reasonable efforts to answer specific questions with regard to compatibility.
- (4) One of the main characteristics (see Section 2) is, that Club Cooee changes every day. Club Cooee Members constantly add, delete or modify Content. Therefore, cooee may update, adapt, extend and change Club Cooee at any time, aiming to maintain an enjoyable Club Cooee experience for a maximum of Club Cooee Members. Please note that cooee may do so only in its sole discretion and without prior notice to Club Cooee Members. Remember that you are granted a right of use only for the then current version. Content which you have purchased from cooee, such as Private Rooms or Items, will not be deleted (save for cases listed in Section 11.6).
- (5) cooee reserves its right to cease operation of Club Cooee at any time, without giving reasons or prior notice. If you have made payments in advance (for example in order to become Gold Member), you will be reimbursed. Any other claims are excluded unless otherwise provided for in these Terms of Service.
- (6) cooee wants you to enjoy your Club Cooee Membership as much as possible. Therefore, cooee undertakes to assure an availability of Club Cooee of 90 % (ninety percent) as a yearly average. Periods during which the cooee Servers are not available over the internet because of technical or other problems outside cooee’s influence (such as force majeure or third party’s fault) and periods during which routine maintenance works are carried out are excluded from this. cooee may restrict access to Club Cooee if required for network security, maintenance of network integrity, especially the prevention of severe malfunction of the network, the software or stored data.
Sect. 13 How can I access these Terms of Service, changes and further notices and how does cooee contact me?
- (1) By submitting the Membership Offer and using Club Cooee, you accept these Terms of Service as binding. Each log-in on Club Cooee is subject to these Terms of Service. The Terms of Service can be printed or saved on storage media before sending the Membership Offer. Please be aware that any Terms and Conditions by you or any other Member of Club Cooee do not become part of the contract between you and cooee unless cooee has accepted them in a written form.
- (2) Sometimes cooee may make Changes of these Terms of Service (including amendments) for the future, if this should prove necessary (especially in order to reflect changes in Club Cooee which are beyond cooee’s control or changes in the legal framework for Club Cooee, such as new legislation or case-law) and if you are not disadvantaged contrary to good faith. cooee may also make Changes to these Terms of Service (including amendments) in case new features introduced to Club Cooee require to adapt the legal framework.
- (2) cooee will notify you of these Changes of the Terms of Service in appropriate text form (possibly via E-Mail). For example, cooee will notify you on the Club Cooee websites, when launching the cooee Client or via e-mail. Changes of the Terms of Service will always be highlighted upon your first login after the changes or amendments have been made.
- (3) If you do not agree to the Changes of the Terms of Service made by cooee, you can contradict the Changes of the Terms of Service after the information relating to the notification of the changes and the possibility of taking notice of such information within a time period of two weeks following receipt of the information. It is recommended to you to submit your contradiction in writing (for example via E-Mail) to cooee for evidence reasons.
- (4) The Changes of the Terms of Service become binding on you in the event that (i) you do not contradict within the above-mentioned time period or (ii) if you continue to use Club Cooee without having contradicted to the Changes of the Terms of Services.
- (5) cooee will inform you about the possibility to contradict and the legal consequences, especially the legal consequences of a lack of contradiction when notifying you about the Changes of the Terms of Service.
- (6) If you contradict in time, each party (i.e. you and cooee) may terminate the contract with one month prior notice unless termination is possible at any time according to Section 16. Until termination, the Terms of Service in their former version will govern your relationship with cooee. In this event, payment for services which may already have been made for periods of time after the termination having effect are reimbursed pro rata temporis. You do not have any other claims against cooee.
- (7) Unless otherwise provided in these Terms of Services or other agreements with you, cooee will usually communicate with you via E-Mail. You shall make sure that you receive all E-Mails sent by cooee to the address you have submitted to cooee in the Membership Offer, or at a later date. You will especially configure the spam filter accordingly and regularly check all incoming mail under this address. cooee may choose any other appropriate means of communication.
Sect. 14 What is the difference between being a Basic Member and being a Gold Member? What does it cost and what are the payment conditions?
- (1) You can access Club Cooee upon creation of a Account (see above Sect. 5). You then start with a Basic Membership of Club Cooee. This is free. However, you may not have access to all services, actions, and features of Club Cooee.
- (2) cooee may offer you the possibility to become a Gold Member. This means, that you will have better access to services or features or to the possibility to perform actions which are not available in the Basic Membership but for Gold Members only (Gold Member Features). You may have to pay a periodical fee for some Gold Member Features (Subscription), other Gold Member Features may require a one-time payment only; details are communicated where you can purchase Gold Member Features. In case you are not yet of legal age, but want to acquire Gold Member Features, you expressly declare that you dispose over the necessary monetary means or that the necessary means were disposed to you for use at your own discretion. Details on which Gold Member Features are offered (e.g. at which tariff, which functions and requirements they have) can be found on the Club Cooee website or within Club Cooee. Any Subscription will renew automatically if you do not cancel it according to Sect. 16.3.
- (3) One of the main characteristics is that Club Cooee is constantly undergoing development. This makes Club Cooee such a special, exciting and fun place to be for you and your Buddies. However, Features which are only available for Gold Members may therefore be added or removed or offered in the Basic Membership at any time, or features of the Basic Membership may become Gold Member Features without prior notice. Such changes will occur especially during Club Cooee’s beta phase, but might also happen later.
- (4) In case you have made payments for Gold Member Features for a period of time in the future, and cannot make use of these, because they are no longer offered and/or are offered in the free Basic Membership as well, you may terminate the subscription for the Gold Member Features with immediate effect and you will be reimbursed pro rata temporis. You do not have any other claims! In the event you have been notified and had the possibility to read the notification on the Changes to the Gold Member Features, and you did not terminate the subscription of the Gold Member Features, latest with effect on the date of implementation of the Changes relating to the Gold Member Features, but continue to use Club Cooee, you may no longer terminate the subscription with immediate effect. Any other termination rights provided in these Terms of Services remain unaffected.
- (5) cooee will inform you about the possibility to terminate the Gold Member Features and the legal consequences, especially the legal consequences of a lack of termination when notifying you about the Changes of the Gold Member Features.
- (6) cooee can ask you for advance payment for the fees of the Gold Member Features (see Sect. 14.2). These fees are due upon conclusion of the contract on the Gold Member Features and will be collected from the bank account / debit card / credit card / mobile telephone account submitted by you, if you are of legal age, and if you do not choose another form of payment. If you are not yet of legal age and do not own a bank account or appropriate mobile telephone account, you will have to consult your parents or legal representatives so that the fees will be collected from their bank account / debit card / credit card / mobile telephone account, if they do not choose another form of payment. The amount to be collected will be referred to as “Club Cooee” or “cooee”, or may be referred to as a payment processing partner’s charge on behalf of cooee, on the credit card / debit card / bank / mobile telephone account statement.
- (7) cooee may, at any time, temporarily or permanently, reduce fees, introduce new products, services or forms of payment.
- (8) cooee may make Price Changes at any given time. Price Changes to Subscriptions will be communicated with a notice period of six weeks. Notice on Price Changes for Subscriptions is given by letter of indication, on the Club Cooee website, or via e-mail. The Price Changes for Subscriptions become effective if you do not contradict within six weeks upon receipt of the respective notice. cooee will, in the notification about the changes, inform you about the possibility to contradict and terminate and the legal consequences thereof, especially the legal consequences of not contradicting. If you contradict in time, each party (i.e. you or cooee) may terminate the contract with one month prior notice, unless termination is possible at any time according to Sect. 16.2. Until termination, the former tariffs stay valid. Payments for services which may already have been made for periods of time after termination are reimbursed pro rata temporis. You do not have any other claims.
Sect. 15 What happens if I pay too late?
- (1) If you pay too late, cooee is entitled to ask an interest rate of 5 % above the then current base rate. Additionally, cooee is entitled to disable Gold Member Features for you and to deactivate your Membership for the duration of the delay. For the period a Membership or the Gold Member Features are deactivated, you do not have to pay the respective subscription fees. However, you have to pay cooee a processing fee for deactivating the Memberhship or the Gold Member Features, informing you about the deactivation and for re-activating the Membership, or Gold Member Features or creating a new Account upon full payment. The processing fees are listed on the Club Cooee website. You may prove that no damage or only a substantially lower damage has been caused.
- (2) In case you cause reversal debits and / or cancellation fees for the cancellation of debits through your fault, or a lack of backing of your or your legal representatives’ bank account, you shall reimburse cooee for any such cancellation fees and costs.
- (3) cooee shall have the right to debit these cancellation fees and costs, along with the original fees, from your or your legal representatives’ account. If payment of the fees is made through debit or through credit cards and reversal debits occur, cooee charges a service fee of EUR 20,00 per debit / credit card transaction plus banking fees. You may prove that no damage or only a substantially lower damage has been caused.
- (4) You may only offset if you have a claim against cooee which cooee has not disputed or which has been declared legally binding by Court decision. You may only withhold payment if you have a claim against cooee which has its origin in the same contractual relation.
- (5) You are not entitled to assign your claims against cooee to a third party.
Sect. 16 How can I terminate my Club Cooee Membership? How can cooee terminate?
- (1) Any contracts between you and cooee are entered into for an unlimited period of time, unless otherwise provided for in the offer.
- (2) Each party has the right to terminate the contract at any time with immediate effect, if no limitation of the period has been agreed upon.
- (3) In case the contract has been agreed upon for a limited period of time (cf. Sect. 14.2), the contract automatically renews for the same period of time unless the Subscription or the contract has been terminated in time with a period of 14 days, effective upon the end of the term. No reasons have to be given for such termination.
- (4) Both you and cooee remain free to terminate the contract for important reasons at any time.
- (5) In case cooee is responsible for a termination of the contract for important reason, you will be refunded for any payments you have made (especially for Gold Member Features) for the period after the termination becomes effective. You do not have any other claims, unless otherwise provided in these Terms of Service.
- (6) cooee may terminate the contract especially for, but not limited to, the following reasons:
- You are late in paying fees of at least EUR 5.00, despite two reminders
- You culpably breach any legal rule, these Terms of Service, or the Rules, and such breach remains uncured despite written notice; a written notice is not required in case of a severe contravention, i.e. when it would be unreasonable that cooee remains bound by the contract
- You have not used your Account for six months despite a reminder
- (7) Cases in which it would be unreasonable that cooee remains bound by the contract generally include:
- You violate criminal law
- You violate the Prohibition of Non-Authorised Scripts (see Sect. 6.1 above)
- You provide incorrect information upon registration (in the form of the Membership Offer, see Sect. 5) or when purchasing or paying for Gold Member Features (see Sect. 13)
- You violate Sect. 3.3
- You violate Sect. 3.5
- Your further participation is likely to cause harm to Club Cooee, cooee, or Club Cooee Members.
- (8) In case cooee rightfully declares the termination for important reason, cooee is entitled to claim 75 % percent of all fees which you would have had to pay for the rest of the term. You remain free to prove that no or only substantially lower damages were suffered.
- (9) If there is no option to terminate the contract within Club Cooee, the termination has to be declared in written form. E-mail is sufficient. A termination for important reason can only be declared in written form.
Sect. 17 What about Copyright in Club Cooee?
- (1) You remain the owner of all rights you may have in the Content you make available in Club Cooee.
- (2) However, by making Content available in Club Cooee, you grant cooee free of charge a non-exclusive license to publicly display, reproduce and make publicly available such Content in Club Cooee. You may revoke such license by deleting such Content, as long as you did not give the respective Content or any copy thereof to any other Club Cooee Member.
- (3) Please note that all Content you make available in Club Cooee can be accessed globally.
Sect. 18 And if it does not work?
- (1) cooee grants you access to Club Cooee in the current version only (Sect. 12). You cannot claim that a given state of Club Cooee or functional range are maintained or achieved. You acknowledge and agree that Club Cooee, as any other software, can never be completely free of bugs. Therefore, Club Cooee can only be considered to be defective if its usability is affected severely and ongoing.
- (2) To help cooee provide the best possible Club Cooee experience, you shall document any faults of Club Cooee which you become aware of, and report them in written form along with a log of the error messages displayed. Before reporting a potential bug, you will consult the instruction and other troubleshooting tools provided by cooee (especially frequently asked question lists, forums and boards for troubleshooting). You will use your best efforts to support cooee in any attempts to debug.
- (3) You will notify cooee of any faults without undue delay upon discovery in written form. Apparent faults of goods – including virtual goods – have to be reported to cooee in written form within two weeks upon receipt. To comply with this deadline, it is sufficient that the report is sent in time. If no notice has been given within this deadline, all claims based on such defects shall forfeit. You are advised to submit such reports in written form (telefax, letter or e-mail) to cooee.
- (4) cooee is not liable for defects caused by external influence, faulty handling, force majeure or changes or manipulations which are not carried out by cooee.
- (5) cooee does not assume any warranties.
Sect. 19 To what extent is cooee liable?
- (1) cooee is not responsible for damages unless they are caused intentionally or by gross negligence. Club Cooee is for entertainment only, i.e. Club Cooee is not intended for commercial purposes, and not as a data storage possibility. cooee is, therefore never responsible for lost data, lost profit or consequential damages. You acknowledge and agree that losing the possibility to continue using Club Cooee cannot be regarded as a financial loss.
- (2) The aforementioned limitation of liability also applies for the personal liability of staff, employees, assistants, vicarious agents, contributors, representatives, organs, shareholders of cooee and their members.
- (3) The aforementioned limitations of liability determined in Sect. 19.1 and 19.2 do not apply to the liability for personal injury of life, body, and health. They do not apply in case the damage is the result of a breach of a cardinal obligation, an essential obligation or a guarantee. cooee remains responsible for product liability and according to Sect. 44 a TKG.
- (4) Liability for breach of a cardinal obligation or an essential obligation is limited to the damage which could have been foreseen.
- (5) The damage which can be foreseen is limited to EUR 25,00 per Membership.
- (6) cooee distances itself explicitly from the contents of any sites to which there are direct or indirect links from cooee’s sites. cooee does not assume any responsibility for these contents and sites. The providers of the respective sites are responsible for their content.
Sect. 20 What about Advertising in Club Cooee?
- (1) Club Cooee may be partly financed through advertising. Advertising messages of Club Cooee Members or booked by third parties through cooee may therefore appear throughout Club Cooee.
- (2) cooee will only send third party advertising to your e-mail address upon your prior consent. Cf. Sect. 22.3 for cooee’s own advertising.
Sect. 21 What happens if there are any Disputes between Club Cooee Members?
- (1) Any disputes between Club Cooee Members shall be settled in their own responsibility.
- (2) cooee reserves the right to intervene in any disputes between Club Cooee Members, for example by deleting counterfeit items and refunding the purchaser from the sellers account. cooee shall, however, be under no obligation to do so.
Sect. 22 Does cooee care for Data Protection?
- (1) cooee will only collect, process or use any data referring to you as a person for the purpose of this contract (including billing) unless cooee is required by law to disclose such data, unless you have consented to any other use.
- (2) Collection, usage and processing of the data are carried out in electronic form.
- (3) cooee may inform you about other related products offered by cooee, also in electronic form, without your explicit consent, as far as legally permissible, as long as you do not contradict. You may contradict at any time, and no costs other than costs for the transmission (at base tariffs) of the contradiction will arise.
- (4) For advertising and market research and for tailoring cooee and potential new products according to the needs of Club Cooee Members, cooee may create aggregated data which will be made anonymous.
- (5) Upon request, cooee will promptly inform you about all data logged with regard to you free of charge. This information will generally be provided in electronic form, usually via E-Mail.
- (6) cooee may pass on payment data to service providers or third parties insofar as this is required for billing. cooee will disclose the names of these third parties. Otherwise, cooee will not pass on user data, or the content of private messages in Club Cooee, to any third party unless required by law.
- (7) cooee would like to point out that data protection and data security cannot be guaranteed for data transmission through open nets such as the internet at the current stage of technical development. You acknowledge that the provider might have access to the data stored on the servers, and might therefore be able to have access to your data. Other users of the internet might also be technically able to get unauthorized access to network security and thus have access to the data.
Sect. 23 What’s left
- (1) cooee’s failure to act with respect to a breach by you or other Club Cooee Members does not waive cooee’s right to act with respect to that breach or subsequent or similar breaches. No consent or waiver by cooee under these Terms of Service shall be deemed effective unless delivered in writing and signed by a duly appointed representative of cooee.
- (2) You may not assign or transfer the agreement with cooee regarding the use of Club Cooee or any or all of your rights hereunder without the prior written consent of cooee.
- (3) Notwithstanding anything else in these Terms of Service, no default, delay or failure to perform on the part of cooee shall be considered a breach of these Terms of Service if such default, delay or failure to perform is beyond the control of cooee.
- (4) These Terms of Service are the entire agreement between you and cooee with respect to the use of Club Cooee.
- (5) Section headings used in these Terms of Service are for convenience only and shall not affect the interpretation of these Terms of Service.
- (6) Should any provision of these Terms of Service be held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the remaining provisions.
- (7) Any changes, amendments or the abrogation of the contract between you and cooee require written form; the requirement of written form can only be waived in written.
- (8) If you are a consumer, the sole place of jurisdiction is Kaiserslautern, Germany in case you transfer your legal domicile or regular residence to a place outside the Federal Republic of Germany after conclusion of the contract with cooee. The same applies if your legal domicile or regular residence are unknown upon filing of a legal action. If you are a businessman, the sole place of jurisdiction is Kaiserslautern, Germany.
- (9) The laws of the Federal Republic of Germany apply for all contracts concluded by cooee on the basis of these Terms of Service and any claims arising thereof, and for all claims related to your use of Club Cooee. The application of the agreement of the United Nations on contracts for international sale of goods and German International Private Law are excluded.
- (10) The German version of these Terms of Service is decisive.
Status: April 11, 2008
Phone: +49 (0) 6301 – 703 290
Fax: +49 (0) 6301 – 703 294
HR-No. and Commercial Register: HRB 30392, Amtsgericht Kaiserslautern
Managing Directors (Geschäftsführer): Ingo Frick, Alexander Jorias
VAT ID No.: DE 257705190