TERMS OF SERVICE

§ 1 General Terms and Conditions for TBBG

1. The following Terms and Conditions refer to the usage relationship between us, BlackCap Media GmbH & Co. KG, Kettelerstr. 3-11, 97222 Rimpar, Germany as operator of the internet portal TBBG (hereinafter referred to as "Administrator"), and the users of TBBG (hereinafter referred to as "Users"). We offer the content and services available on TBBG to private individuals as well as for commercial purposes. The purpose of the Terms and Conditions of the TBBG website is to set out the Terms and Conditions of operation, functioning and use of the TBBG website available on the Internet at app.tbbg.io as well as the rights and obligations of the Administrator and Users using the website.

2. Whenever a reference is made in the Terms and Conditions to:

a) Portal – this shall be understood as meaning the service provided under the app.tbbg.io domain.

b) Terms and Conditions – this shall be understood as meaning this document.

c) User Account – this shall be understood as an individual User Account registered in the Portal based on the data provided by the User during the registration process.

d) Tasks – this shall be understood as meaning the games, quizzes, etc. made available at app.tbbg.io.

e) Points – this shall be understood as meaning Points awarded to the User, gathered in the User Account.

f) Awards – this shall be understood as meaning a gift card awarded to the User as a result of gathering a certain number of Points by fulfilling the conditions and requirements set by app.tbbg.io.


§ 2 Rules of functioning of the Portal

1. Holding an individual electronic mail (email) account and a web browser that interprets HTML5 or older codes is a technical prerequisite indispensable for proper registration with and use of the Portal.

2. In order to use the Portal, it may also prove necessary to enable the SSL protocol in browser settings and the cookies, and to install the JavaScript application.

3. Registering and using the Portal is free of charge and it is equivalent to the conclusion of an agreement between the User and website Administrator, on the terms set out in the Terms and Conditions.

4. The User may request User Account deactivation at any time. In order to deactivate the User Account, he shall contact the website Administrator by email: contact@blackcapmedia.com.

5. Registration with the Portal means that the User consents to the processing of personal information. The method and scope of personal information processing is set out in the Privacy Policy.

6. Receiving the User status shall be contingent upon the correct completion of the data registration process.

7. The User may have only one User Account on the Portal. In the event of detecting any other User Accounts of the User, the Administrator issues bans to all of the User Accounts of the User.

8. In the event of suspicion or detection of VPN/PROXY/TOR connection of a User, the indefinite ban is issued.

9. The User shall not provide his User Account login data to any third parties and shall not obtain such data from other Users. In the event of a suspicion of a breach of the law or of these Terms and Conditions by the User, the Administrator reserves the right to remove or block the User Account of the User responsible for the breach without giving reasons. The User Account shall be blocked indefinitely.

10. The Administrator reserves the right to the possibility of interruptions in the website operation due to maintenance work and/or upgrading of devices or software, provided that he shall minimise as much as possible the inconvenience caused thereby (for example, by carrying out the maintenance and/or upgrading work at the times when the smallest number of users will be impacted) in order to ensure most convenient and uninterrupted use of the Portal.

11. The Administrator shall not be liable for any actions of the Users relating to their use of the Portal carried out for purposes which are in breach of the Terms and Conditions or legal regulations in force. Users shall be fully liable for the consequences of their actions and in particular they are obligated to ensure that their actions comply with the law in force. In the event of a suspicion of a User committing an offence, the Administrator shall notify law enforcement authorities thereof.

12. We are constantly working to optimize our offers. We therefore reserve the right to add or remove functions and features and to introduce restrictions on our offers. The User can terminate the use of the offers at any time.


§ 3 User Accounts and rules of usage

1. Using the services of the Portal is free.

2. While registering with the Portal the User is requested to consent to the use of means of electronic communication in order to perform the services offered by the Portal.

3. Registration with the Portal means acceptance of these Terms and Conditions and is made for an unspecified time.

4. The User may not dispose of the rights arising from holding a User Account in the Portal to any third party.

5. Using the Portal in a different country than the United States is not possible. In the event of changing the location of residence, the User may contact the Administrator requesting the adjustment of the region.

6. Each User may not have more than one User Account on TBBG.

7. There is no legal claim to the use of TBBG, as the Administrator can exclude Users from use at any time during the usage relationship without giving reasons, in particular if they post inadmissible content, carry out inadmissible actions or provide incorrect information with regard to identity.

8. The User must take all necessary measures to ensure the confidentiality of his password. He is liable for the unauthorized use of his user data, unless he can prove that the abuse occurred in our area of ​​responsibility.

9. If the Administrator becomes aware of or suspects misuse of the username or password, he is entitled to take the necessary measures, in particular to temporarily block or close access.


§ 4 Points and Awards

1. The User shall receive Points free of charge in exchange for the fulfilment of Tasks requested by the Administrator in games, quizzes, etc. made available on the Portal.

2. Special campaigns will be organised within the Portal which will enable the User to obtain additional Points free of charge. The campaign and the possibility of receiving Points shall be each time announced on the Portal.

3. The User hereby undertakes not to mislead the Administrator as to information on the basis of which he is eligible to acquire Points.

4. Obtaining Points by the User takes place automatically, in a manner directly related to the registration of the User Account, unless provisions displayed on the Portal stipulate otherwise.

5. The User shall not dispose of or make available to any third parties any Points he has obtained while using the Portal, unless provisions displayed on the Portal stipulate otherwise.

6. The User shall not acquire Points for any purpose other than their use within the Portal.

7. In the event of the User breaching the Terms and Conditions, the Administrator reserves the right to cancel all Points and Awards gathered by the User.

8. Confirmation of the email address in the course of the registration process and collecting a specified number of Points are prerequisites for receiving Awards.

9. The User shall receive Awards following fulfilment of the prerequisites determined by the Administrator hereinabove. The number of Points required to receive Awards is specified by the Administrator on the Portal.


§ 5 Information requirements

The contract text is not saved and the contract language is English. The User can correct and delete his information before confirming the Terms and Conditions using the usual functions of the respective browser.


§ 6 Confidentiality

1. The User must protect confidential information that is made available to him: If the Administrator passes on confidential information to him via the Portal or that a reasonable person deems confidential, he must treat it confidentially and take appropriate security measures to ensure the prevention of unauthorized disclosure or access to this information.

2. Our responsibility with regard to feedback: If Users decide to make a contribution to the Portal by sending the Administrator ideas for new products, services, functions, modifications, improvements, content, offers, promotions, computer code or send other materials, then regardless of what their message may say,

– the Administrator is under no obligation to review or implement your feedback or return all or any part of your feedback to you for any reason,

– the feedback is not treated confidentially. The Administrator is under no obligation to keep the feedback the User sends confidential or to use or disclose it in any way,

– the User grants the Administrator an irrevocable perpetual, irrevocable, worldwide licensable license to reproduce, distribute and create derivative works.


§ 7 Complaints

1. The Administrator shall make every effort to ensure correct and uninterrupted use of the Portal.

2. Complaint reports shall be sent to the following email address: contact@blackcapmedia.com.

3. Complaints shall be considered on a current basis. The Administrator reserves the right not to respond to a complaint if it results from a failure to read the Terms and Conditions or to follow the guidelines issued to the User for the purpose of providing services in the correct manner or proper use of the Portal.

4. In order to diagnose irregularities in the functioning of the services offered by the Portal, the Administrator reserves the right to interfere with the technical structure of the User Account.

5. The answer to a complaint will be sent to the email address from which the complaint was made.


§ 8 Period of validity and termination

1. The use of the Portal is possible for an indefinite period. The usage relationship can be terminated by either party at any time without giving reasons.

2. The right to extraordinary termination without notice for an important reason remains unaffected.


§ 9 Liability, release from liability

1. As the Administrator, we are liable for any culpable breach of essential contractual obligations in accordance with the statutory provisions, whereby the amount in the case of simple negligence is limited to compensation for the foreseeable damage typical for the contract. Otherwise, we are only liable if the damage was caused by gross negligence or intent. The liability for damages for injury to life, body or health remains unaffected.

2. Insofar as our liability is limited or excluded according to the above provisions, this also applies to the liability of our employees, representatives and vicarious agents. Liability is only accepted insofar as the contractual relationship with our Users is affected. Our liability is excluded for damage resulting from separate contractual relationships between the Users.

3. As the Administrator, we are not obliged to monitor the transmitted and stored information of our Users or to take precautions, regardless of the occasion, to prevent illegal actions by our Users.

4. If claims are made against the Administrator by third parties for damage caused by violations of the law by the User, the User shall indemnify the Administrator against all claims and costs incurred in legal proceedings. In the event of a claim, the Administrator may recognize the relevant claim against the third party, unless the User submits facts to defend it within a reasonable period and provides security for the costs incurred.

5. The Administrator does not assume any liability for the uninterrupted availability of data and the Portal itself and can freely determine a reasonable period for technical maintenance.


§ 10 Data protection

The User's attention is drawn to the fact that the Administrator stores and processes the personal data he has transmitted on data carriers. The User can find further details, including his rights as a data subject, in our Privacy Policy.


§ 11 Applicable law

The law of the Federal Republic of Germany applies exclusively to the usage relationship, excluding the UN sales law.


§ 12 Changes to these Terms and Conditions, severability clause

1. We reserve the right to change these Terms and Conditions at any time and without giving reasons in accordance with the following provisions:

– The description of the services offered via the Portal is expressly excluded from a change. We will notify the User of any changes or deviations from the promised service and offer the User the continuation of the usage relationship under the changing conditions if the User's interests are impaired as a result of the change or deviation. The User's right of termination remains unaffected.

– Other changes to these Terms and Conditions will be communicated to the User in writing (email is sufficient) before they come into effect. The changed Terms and Conditions are deemed to have been accepted if the User does not object to the validity of the new Terms and Conditions within one month of receiving the email.

– If the User objects to the validity of the new Terms and Conditions within a period of one month, the Administrator is entitled to terminate the usage relationship with the User with a notice period of 14 days.

2. Should individual provisions of these conditions be wholly or partially legally ineffective or lose their legal effectiveness later, this shall not affect the validity of the remaining provisions. The ineffective regulation is to be replaced by the parties with an effective one, the purpose and meaning of which comes as close as possible to the ineffective regulation. The same applies in the event of an unintentional loophole.


Status: June 2021
© 2021 BlackCap Media GmbH & Co. KG