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, .im 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 https://www.tadaa.net/de/legal/terms/v/4.7.5. In any case of contradictions the German version supersedes the English version.
2. Product description
2.1 tadaa is a service 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 and 3D illusions 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 view tadaa photos and 3d illusions 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 or 3D illusion-upload can be performed through mobile devices only, using the tadaa software. tadaa is provided through free of charge as well as pay Apps. Currently the tadaa 3D app is a pay app and the tadaa app is free. Operator reserves the right to change pricing for new users at it’s sole discretion. Operator further may at its sole discretion make free of charge tadaa Apps (in whole or parts of it, e.g. addons) available against pay only.
2.2 tadaa is a dynamically developing project. New functions may be added and current functions may be modified or removed at any time.
2.3 Due to the nature of tadaa as a public photo /3D illusion broadcasting service, all content posted is visible for tadaa-users as well as all internet users. Please note that tadaa is currently not built for private one to one communication. It aims for a public conversation with others 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. Users may get push-notifications or comparable notifications about other user’s reactions. This can be notifications about new content as well as about other actions. Provided that the device is reachable and user has allowed reception of Push Notifications, these notifications will be sent in real time to a user’s mobile device (if available and set up for these functions). Users can also interact with each other through comments, reposts as well as the Like functions. All users may block others within tadaa. A blocked user will not be able to follow the blocking user anymore an will not see any content from this user as long as he is logged in with the blocked username.
2.5 In order to provide a continuous and high quality service the tadaa service runs on reliant and sophisticated systems. 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 (in some parts) a variety of virtual status levels and functions such as tadaa-$$. These functions are provided for entertainment only as described separately. tadaa-$$ do not have cash values and may neither be exchanged to money nor to any services. The use of currency symbols does not indicate a monetary value within tadaa. tadaa reserves tht right to make changes to the tadaa-$$ in future. . (iv) The use of currency symbols does not indicate a monetary value within tadaa.
2.7 Please notice that – unless you are offline - using tadaa you will transmit a certain data-traffic. This happens every time you use the website or client for viewing or uploading content. Using tadaa on a mobile device might lead to increased data-cost unless you have a flatrate data plan. Please consult your mobile provider for details on your data plan. To avoid roaming-costs, we recommend to use WiFi every time you use tadaa abroad.
A part of tadaa are so called „challenges“. These are tasks set by users or by us to send in photos to specific topics during the time of the challenge. Everyone who answers to a challenge can take part. There are challenges by users as well as challenges provided by us as the operator of tadaa. The latter will be clearly marked as „offical“ tadaa-challenges (or similar). In all cases the user participating will be solely responsible for all content provided within a challenge. For challenges set by useres, the origniator will also be responsible for the topic of a challenge. Challenges are for entertainment only. „Winners“ are not entitled to any price (neither tadaa-$$ nor other price) . We reserve the right to give prices to winners within the „official“ challenges though (e.g. tadaa- $$). There is no obligation by tadaa to provide an oportunity to users to perform challenges.
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 use the services as “read only” and use the photo editing functions within the tadaa App (not the tadaa 3D App) provided through the App Operator resevers the right to limit the use of parts of the photo editing functions to registered users only and to change the rules for use without registration in its sole discretion.
3.2 Certain mandatory data has to be provided for the registration for tadaa. Operator will not verify any data (except for general syntax plausiblilty) 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 UsersUsers 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
tadaa is an open and tolerant platform. We therefore ask all our users to be tolerant with eachother as well and in particular to repect eachothers Religion or Ethical views. This also applies to privacy of users. Please consider before you post screenshots of private Emails or SMS publically via tadaa.
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.
It is also forbidden to falsly pretend to be a employee of tadaa or a super-user.
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 built 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 (without consent of the owner) by several others within a short period of time. Please note that a deletion of your content will not undo such retransmission, “reposts” done with the “repost”-fuction will be deleted though, if the original is deleted.. You should consider this before you post content via tadaa. You should only post content that a) you are sure of that no third party rights are infringed and that b) you are willing to share with anyone on the internet indefinitely. Please also note that tadaa is ad-free now but may in future contain several types of ads within the service. These 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. Term and Termination
7.1. You may at all time cancel your tadaa membership by deleting your account. Send an email to email@example.com for that. 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 or can not be reached via email.
7.4 Please note that tadaa is has no at the moment function to transmit or export to you the content posted by you. Tadaa is not primarily an archive or cloud service. If your membership ends we will delete your profile as well as all content. 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. ALLALL 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 manually reviewed. We will report illegal content to law enforcement agencies. It is crucial that you select 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 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 via Email. 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 Consumer's right to cancel the contract
Information about consumer's right to cancel the contract:
The parts and products of tadaa that ar not free of charge (including but not limited to the tadaa 3D App and other addons) are legally considerd to be downloadable software. Due to the nature of downloadable software this software is not fit for return to the operator. For this reason consumer's right to cancel the contract are void in accordance with § 312d Abs. 4 Nr.1 BGB (German civil code)
End of Information
14. 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. The features of the tadaa 3D App may not be used without registration though. 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 as well as creation of 3D illusions (through tadaa 3D App) that requires prior registration.
In particular clauses 8, 10, 11 and 12 apply.
Hamburg, August 2013
menschmaschine Publishing GmbH