Terms and Conditions for the use of tadaa
These terms and conditions (also defined as “T&C”) define the framework for the use of tadaa (further referred to as “tadaa” or “service”). tadaa is provided by menschmaschine Publishing GmbH (further referred to as “operator” or “we”). In context with these terms and conditions the term “tadaa” covers both the smartphone application as well as the internet platform accessible under www.tadaa.net. (including other top level domains such as .org, .de, .com if provided) Users (further referred to as “users” or “you”) accept the T&C as binding with registration for tadaa. Unregistered users accept the T&C through use of the service.
This English language version is for convenience purposes only. A German language version can be found at http://www.tadaa.net/de/legal/terms/v/3.0. In any case of contradictions the German version supersedes the English version.
2. Product description
2.1 tadaa is a free of charge services operated by menschmaschine Publishing GmbH. tadaa is a “Telemediendienst” under German law. tadaa is provided as a public mobile live photo broadcasting system. Users may share and transfer pictures in real time with/to other users on the service as well as interact with pictures posted by others (e.g. through comments). Internet users may – as soon as provided – view tadaa photos at www.tadaa.net. No registration will be required for web and “view-only” use of the service (such users are further defined as “unregistered users”). A registration including Email-address and nickname is mandatory for active participation in tadaa. Users may amend their tadaa-profiles by further information. A photo-upload can be performed through mobile devices only, using the tadaa software. tadaa is provided free of charge in its current version. Operator reserves the right to include certain features that are offered against pay in the future. (e.g. add-ons)
2.2 tadaa is a dynamically developing project. New functions may be added and current functions may be modified or removed at any time. We won’t remove major features of tadaa without prior information to users.
2.3 Due to the nature of tadaa as a public photo broadcasting service, all content posted is visible for tadaa-users as well as all internet users. Please note that tadaa is not built for private one to one communication. It aims for a public conversation with other and gives you the opportunity to share interesting moments of your life with the world. Therefore no privacy settings are offered right now. We may in future provide such settings.
2.4 tadaa-users may follow each other’s stream of pictures using the service. If a user chooses to follow someone he will get push-notifications or comparable notifications about other user’s actions. This can be notifications about new content as well as about other actions. Provided that the device is reachable, these notifications will be sent in real time to a user’s mobile device. Users that follow each other ambiguously can also interact with each other through comments as well as the Like-/Dislike functions. All users may block others within tadaa. Please note that such blocking will only affect the notification service. Content will still be visible.
2.5 In order to provide a continuous and high quality service the tadaa service runs on reliant and sophisticated systems. As a free of charge product a 24/7 availability of the service cannot be guaranteed though. This may be due to technical errors or maintenance downtime. tadaa is not construed to be a permanent picture archive and loss of data may not be prevented in any case. Please do not use tadaa as your only photo storage. We will inform users as soon as possible in a case of a longer than usual planned downtime.
2.6 tadaa offers a variety of virtual status levels and functions such as badges or tadaa-$$. These functions are provided for entertainment only as described separately. Users are not entitled to claim certain status levels, badges or functions. If currency-symbols such as “$$” are used no real value is provided for values reached. Any status, badges or tadaa-$$ may be awarded or taken away at operator’s sole discretion or by an automatic procedure. We also reserve the right to modify the scale or conditions for reaching status features, badges or tadaa-$$. This especially applies to the amount of tadaa-$$ per user-action. tadaa-$$ can not be cashed out or claimed in any other from operator. We may in future establish a virtual currency system within tadaa. This will be subject to separate terms and conditions. We do not guarantee that any status-level or feature or amount of tadaa-$$ reached will be of any value in case such system is established. We might give a certain virtual value to tadaa-$$ though or introduce a completely new system of virtual currency. Therefore please note that (i) no badges, status, achievements or tadaa-$$ are of any real value. (ii) These are for entertainment purposes only. (iii) Awards might not follow a strict set of rules. (iv) The use of currency symbols does not indicate a monetary value within tadaa.
2.7 Please notice that using tadaa you will transmit a certain data-traffic. This happens every time you use the website or client for viewing or uploading content. Using tadaa on a mobile device might lead to increased data-cost unless you have a flatrate data plan. Please consult your mobile provider for details on your data plan. To avoid roaming-costs, we recommend to use WiFi every time you use tadaa abroad.
3. Registration and Log-in Information
3.1. A registration is required to use all benefits of tadaa. A registration may be declined at operator’s discretion. All users need to be of legal age or to be represented by a legal representative. The minimum age for tadaa is 14 years. Unregistered users may only access the public content on www.tadaa.net.
3.2 Certain mandatory data has to be provided with registration for tadaa. Operator will not verify any data though. tadaa can be used with a nickname that may be identical with a users real name. Nicknames can be chosen based on the “first come, first serve” principal. We reserve the right to refuse a nickname in case of misuse.
3.3 Users are obliged not to disclose their password to others.
4. Liability and abusive content
4.1 Users are solely and fully responsible for their content posted on tadaa as well as for any kind of communication with others. All users are obliged to obey third party’s rights and interests. This includes but is not limited to copyrights and other’s personal rights. Please keep this in mind and check your content before posting something on tadaa.
4.2 Users are not allowed to publish any illegal or abusive content on tadaa. This includes but is not limited to:
- illegal content of any kind
- pornographic content
- content that is in violation of § 4 Abs.2 “Jugendmedienschutz-Staatsvertrag (JMStV.)” or considered as unsuitable for minors subject to § 5 JMStV.
- any depiction of violence or drug use
- abusive depiction of radical political or religious content including signs and marks unless this is done in a cause of editorial or documentary coverage.
- threatening, racist, disgustful, denigrative content or content that is glorifying violence
- content that is publicly considered as inappropriate, especially for minors
4.3 tadaa is mainly build as a platform for personal use. We do allow a commercial use up to a reasonable extent though. This can be a corporate presentation or public relation activities. We do reserve the right to charge companies for commercial use of tadaa. This will be subject of a separate agreement between the operator and the company using tadaa. If you plan to use tadaa mainly for advertising purposes this won’t be allowed without operator’s prior permission.
You may in no case
- post spam through tadaa
- use tadaa in any way that is in violation of fair trade principals (including progressive systems like pyramid or snowball systems)
- use tadaa to harass or stalk other users or employees of the operator.
Any use of automatic scripts is forbidden.
4.4 Please check that your content or planned use of tadaa is not in violation with the afore set terms before using the service.
5. Use of content and third party rights.
5.1 Please note that any content posted on tadaa will be publicly available. The service aims to publicly spread content and is not build for sharing content privately (e.g. with family and friends only). By posting content on tadaa you will retain full rights with regard to the content posted. Since this is done in a form of open communication others may copy and/or repost such content. Any such actions by third parties are beyond control of the operator or user. Your content may therefore be copied and reposted by several others within a short period of time. Please note that a deletion of your content will not undo such retransmission. You should consider this before you post content via tadaa. You should only post content that a) your’ sure of that no third party rights are infringed and that b) your’ willing to share with anyone on the internet indefinitely. Please also note that tadaa contains several types of ads within the service. This can be local as well as adapted ads. Furthermore we might have to modify content you post in order to meet technical requirements (e.g. adaption of frame format or generation of thumbnails).
5.2. OPERATOR IS NOT LIABLE FOR ANY USER OR THIRD PARTY ACTIONS ON TADAA.
5.3. Other platform’s (e.g. Facebook or Twitter) terms and conditions might apply if you use the content-export functions provided through tadaa.
6. Content Deletion, Damages, Indemnification
6.1 Operator may suspend or delete content in any case that content is in violation with clause 4 of these T&C or infringing third party rights. In such case users may be suspended or expelled from the service. Operator will base all decisions on best reasonable grounds. We and take in account all parties interest as well as the severity of a violation before taking actions. Notwithstanding clause 7 of these T&C we reserve the right to claim damages from users based on violations.
6.2 Please acknowledge that you as a user are liable to operator for all damages that arise out of violations of the T&C caused by you. You further indemnify and hold harmless operator from any third party claims in this context.
7.1. You may at all time cancel you tadaa membership by deleting your account. We may cancel your membership upon two weeks prior notice.
7.2. The right to terminate the relationship for good reason remains unaffected. This is includes but is not limited to terminations following a violation of this T&C.
7.3 In case of termination following clause 7.2. we will generally send a warning notice to users requiring to cease a violation within a certain time frame. In certain cases we reserve the right to terminate immediately, e.g. if a user refuses to cease the violation.
7.4 Please note that tadaa is not obliged to transmit or hand out to you the content posted by you. If your membership ends we will delete your profile as well as all content. Text comments may be anonymized. Currently tadaa does not provide a backup or export function for users. Any user whose membership is terminated following clause 7.2 and 7.3. will remain expelled from the service unless agreed otherwise. We will immediately delete expelled users who try to re-register. We also reserve the right to suspend a users mobile client permanently from the service.
8. Operators Liability
8.1 OPERATORS LIABLILTY IS LIMITED TO WILLFULL ACTS OR GROSS NEGLIGANCE. LIABILITY FOR SLIGHT NEGLIGANCE BY OPERATOR IS LIMITED TO TYPICAL AND FORSEEABLE DAMAGES. ANY LAIABLITY FOR PHYSICAL INJURY OR DEATH AS WELL AS LIABILITY DUE TO THE “PRODUKTHAFTUNGSGESETZ” REMAINS UNEFFECTED.
8.2. ALL DAMAGE CLAIMS BECOME TIME-BARRED WITHIN 12 MONTH FOLLOWING THE ORIGIN OF SUCH CLAIM. CLAIMS BASED ON TORT OR BASED ON THE “PRODUKTHAFTUNGSGESETZ” REMAIN UNEFFECTED.
8.3 LIMITATIONS SET IN CLAUSES 8.1 AND 8.2 ALSO APPLY TO COMPANIES AFFILIATED TO OPERATOR AS WELL AS FOR A PEROSNAL LIABILITY OF OPERATOR´S EMPLOYEES, REPRESETATIVES, SHARHOLDERS AND SERVANTS.
8.4 THE SOFTWARE/tadaa-APP OR ANY OTHER APP (“SOFTWARE”) IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
9. Violation Notices
9.1 You may inform us about violations at any time. For your convenience we provide an abuse-report function within the tadaa client. All content reported will be automatically suspended and subsequently manually reviewed. We will report illegal content to law enforcement agencies. It is crucial that you provide a correct description with an abuse report. This helps us to evaluate the violation. Please note that a misuse of the abuse-report function is considered as a violation as well. Repeated misuse may lead to sanctions as well as to a termination of membership. It is forbidden to use the abuse-report functions in order to annoy or blacken other users.
9.2 Unregistered users may report an abuse using the website. A certain reaction time can not be guaranteed in this case.
9.3 Operator is not providing a 24/7 user support. We also advise all of our users that an abuse report does not replace a proper notice to law enforcement agencies.
10. Operators Trademarks and IP
All trademarks and IP regarding tadaa solely belongs to operator. Any use is subject to operator’s prior permission. Any copying, decompiling or modification of the tadaa software is prohibited unless permitted by operator.
These T&C as well as the whole legal relationship between operator and user is solely subject to German law in exclusion of the UN-trade law (CISG). Place of execution is the Operator’s place of business.
13. Use of tadaa without registration
You may use some functions of the tadaa APP without prior registration. This mainly includes the photo editing features that do not require a use of the photosharing service. We will not create a user profile in this case. Profiles of other users might be displayed in the awesome-tab.
These T&C apply accordingly for unregistered users of tadaa save all provisions regarding the photo sharing/broadcasting service that requires prior registration.
In particular clauses 8, 10, 11 and 12 apply.
Hamburg, July 2011
menschmaschine Publishing GmbH