tomis GmbH & Co. KG ("tomis") operates the audio platform "trottr.com", which may be used by registered users ("Members") at the terms and conditions set out below.
By applying/registering for the use of the audio platform the Member approves and agrees to observe the following terms and conditions of use:
1.Scope of Application
tomis will permit access to and use of trottr exclusively on the basis of these terms and conditions of use, irrespective of the terminal (e.g. computer, mobile phone, smart phone) employed for such use.
These terms and conditions of use shall apply to all contents, functions, tools and other services (jointly the "Services") provided by tomis on and/or through the audio platform.
Additional terms and conditions of use may apply to specific Services (the "Additional Terms"); tomis will refer the Members to any applicable Additional Terms in due time before they start using any such Services.
tomis reserves the right to amend the terms and conditions of use with effect for the future. In any such case tomis will give the Members advance notice of such amendments and inform them that the amendments will be deemed accepted unless the Members object to them within four weeks, or as soon as the Members continue to use the Services without any objections.
2.Subject of Services
Members can use trottr to transmit acoustic information via telephone calls and to store such information in their Member account. Third parties may retrieve and listen to such acoustic short messages on and/or through these platforms. By using trottr the Member instructs tomis to, at these terms and conditions of use, store and make available to the public the transmitted contents in connection with the tomis offer as applicable from time to time.
tomis permits the Members to use trottr in compliance with the statutory provisions and with these terms and conditions of use, in order to store contents as well as to publish, transmit and share them with other Members or third parties. tomis will not supervise the Members in these processes and does not claim ownership to the Members contents.
tomis makes trottr available to the Members solely for use for private purposes. Any use of trottr for purposes other than private purposes requires the prior consent of tomis. In particular, any use of trottr for commercial and/or advertising purposes of any kind is subject to the prior consent of tomis on a case by case basis and will only be permissible if such consent has been obtained.
Specific functions are subject to restrictions as regards their scope. These restrictions are fixed by tomis in its sole discretion and may be adjusted at any time. The Members will be notified of any such restrictions in the relevant contexts.
tomis reserves the right to change the contents, design and scope of trottr at any time.
3.Registration / Member Accounts
To use trottr you have to register with trottr or another internet service cooperating with trottr. The registration with trottr is free of charge.
Persons 14 years and older may use and register with trottr. There exists no claim to registration. tomis may refuse any registration without stating any reasons.
All required data in connection with a registration have to be submitted completely and truthfully. tomis may use the contact details provided for the communication required to perform the Services.
If a registration is incomplete or contains untrue data, tomis reserves the right to cancel the incompletely and/or incorrectly registered account including any and all details provided by then.
If a Member connects it's trottr account to a Twitter account, a one time short update per recorded message containing a link to the audio message will be sent to the Member's Twittertimeline. tomis sends a one time short welcome message to the Twittertimeline of the Member. These updates can be deleted by the Member at any time.
The trottr Member account is neither transferable nor inheritable.
4.Data Protection
For details on data protection please see the Privacy Policy.
5.Members. Duties, Contents and Restricted Acts
All Members will ensure that their Member account is used only by themselves, in particular, will not disclose their password to anyone.
The contents disseminated on and/or through trottr are not contents of tomis, and tomis does not adopt any such contents as its own. Each Member is fully and exclusively responsible for all contents published and disseminated through his account on and/or through the audio community. The Member will notify tomis without delay of any suspected improper use of the password or account.
A Member transmitting contents to trottr for storage guarantees that the respective contents are lawful, in particular, do not violate any applicable laws or honest practices, do not infringe any third party rights including intellectual property rights, personal rights and copyrights, and are not harmful to young persons.
It is strictly prohibited to upload, make available or disseminate contents on and/or through trottr if and to the extent that such contents breach any applicable laws, rights of third parties and/or honest practices. In particular, the following contents may not be transmitted and disseminated under any circumstances:
- Propaganda material and logos of unconstitutional organisations
- Hatred-inciting contents and holocaust denials
- Portrayals of violence
- Invitations or inducement to commit crimes
- Contents glorifying war
- Violations of human dignity
- Erotographic depictions of minors
- Child, animal and violent pornography
- Other pornographic contents or contents endangering the development of children and young persons or their upbringing to self-confident, socially responsible personalities
- Libellous contents
- Discriminatory statements (especially based on origin or religion)
- Unsolicited advertising, promotional material, junk or mass messages ("spam"), chain letters or snowball systems
- Contents infringing the rights of third parties, in particular trademark rights, copyrights or ancillary copyrights, business secrets, personal rights or property rights
- Contents that are harassing, slanderous, threatening or libellous to, or allege or disseminate untrue facts about, any natural or legal person or undertaking
- Contents which collect, store or transfer personal data of other users where the subjects have not agreed to such use.
Contents published on and/or through trottr by other Members may not be copied, disseminated or otherwise made available to the public. Any use of computer software designed to automatically extract data, such as crawlers (alias Spider or Bots etc.), is prohibited in this context as well.
Any Member made aware of potentially critical contents will immediately remove such critical contents from the platform. Although tomis does not review or control the contents of Members, tomis does reserve the right to at any time remove contents which contravene applicable laws or these terms and conditions of use, and to exclude the relevant Member from using trottr.
A Member publishing any contents shall be obliged to examine and to decide on his own responsibility which contents will be displayed and/or played to which audience.
6.Indemnification, Limitation of Liability
The Member agrees to indemnify tomis against all claims raised by other Members or other third parties against tomis to the extent that such claims are based on a culpable breach by such Member against the duties in connection with the use of trottr. The indemnification also extends to the reasonable costs of any necessary legal defence.
tomis will be liable for damage caused with intent or gross negligence by legal representatives or personnel of tomis. In any case of slight negligence tomis will only be liable for a breach of an obligation whose fulfilment is essential to the due and proper implementation of the contract and on whose fulfillment the contract partner could reasonably rely on (liability for major obligations), and only for foreseeable damage characteristic for the contract. All other liability of tomis shall be excluded. Nothing in this clause shall prejudice the liability for injuries to life, limb or health and for claims under the Product Liability Act.
7.Availability of trottr and of Third Party Services
There exists no claim to the availability of trottr or individual Services. tomis reserves the right to suspend or restrict the use of trottr or of individual Services in its sole discretion for reasons of maintenance, security and/or capacity.
tomis is not responsible for the contents or availability of the services of third parties or for internet services cooperating with tomis.
8.Termination
The Member may at any time delete his account from the audio platform and terminate the membership. Thereupon tomis will delete all related contents except those subject to a statutory storage requirement.
tomis reserves the right to discontinue the audio platform at any time subject to fourteen days prior notice. All Member data will be automatically deleted in this event.
9.Governing Law, Place of Jurisdiction
These terms and conditions are governed by German law to the exclusion of the UN Sales Convention.
As far as legally admissible, the place of performance and exclusive place of jurisdiction shall be Munich, Germany.
Status: May 2009