TERMS AND CONDITIONS FOR USAGE OF THE SPREED SERVICE AND WEBSITE


DEFINITIONS
Struktur means the struktur AG of Kronenstr. 22A, D-70173 Stuttgart, Fed. Republic of Germany, HRB 21388.
Service means the spreed Web Meeting, Conferencing, Training, and Call-Connect services provided under the terms of this agreement.
Spreed means the spreed Services provided by Struktur.

PREAMBLE
These conditions of trading apply for services and software provided by Struktur, no matter whether free of charge or for a fee, to be used exclusively as a means of remote data transmission via the Internet. If you do not agree with the terms and conditions, you must not use the Service.

LEGAL CONTRACT AGE
You must be old enough to enter into a binding legal obligation. These Terms and Conditions are a binding Agreement between you and Struktur. By using our service you represent that you are old enough to enter into a legal obligation and are agreeing to these Terms and Conditions.

DESCRIPTION OF SERVICE
Struktur offers the Internet based service Spreed that enables users to communicate, meet, present and train over the Internet and the telephone. Furthermore this service enables you a) to transmit audio and video and present documents online a web meeting, b) to share documents and content with other participants in your meeting, c) to share and present computer screen content from your or your participants PC with others, d) to remote-control a participants desktop, e) to chat with your participants, f) to call one or more participants on the telephone for the purpose of telephone conferencing, and g) to call-connect two or more telephones using the spreedCall Click-to-Meet and spreed Connect Call-Connect feature - collectively the "Service". This Service is generally free. Some additional features, however, will be paid-for services. It will be specific and clear whenever you use a paid-for service and you will have to specifically agree to any such service. Struktur can change which services are charged for with a 14 days notice announced in a clearly visible place at spreed.com.

Even though the Service in general is free to use, all rates from your Internet provider/carrier for uploading and downloading data (audio/video, files etc.) still apply. Roaming charges may be charged by your mobile operator when using mobile phones with spreed Connect or spreedCall telephone services outside the coverage area of your mobile operator. It is your responsibility to check with your mobile operator to identify and evaluate these rates.

COPYRIGHT AND TRADEMARKS
Struktur respects the intellectual property of others, and we ask our users to do the same. We prohibit users from uploading data to the Service that violates another party's intellectual property rights. Struktur may, in appropriate circumstances and in its sole judgement, terminate the accounts of users who violate the intellectual property rights of others.

All the texts, designs and web pages etc. (collectively "Content") contained in the Spreed service is copyrighted as a collective work under the laws in force in Germany, and Struktur owns a copyright in the selection, coordination, arrangement and enhancement of such Content.

The Spreed service, name and logo are trademarks of Struktur. All other trademarks that appear within the Spreed service are trademarks of their respective owners. Partners of Struktur may also have supplementary proprietary rights in the content that they offer through the service. You may not change, publish, transmit, partake in the transfer or sale, create imitative works, or in any way exploit, any of the Content, in whole or in part.

Service made available by Struktur, including any files, images incorporated in or generated by the Service, and data accompanying the Service (collectively, the "Service") are licensed to you by Struktur pursuant to a license agreement governing the Service. Struktur does not transfer title to the Service to you. You may not redistribute, sell, decompile, reverse engineer, disassemble, or in any other way reduce the Service to a human-readable form.

THIRD PARTY INFORMATION
The Spreed service may provide content from Struktur partners, search results or links to other web sites or resources. Because Struktur has no control over such sites and resources, you acknowledge and agree that Struktur is not responsible for the availability of such external sites or resources, and does not support and is not responsible or legally responsible for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Struktur shall not be directly or indirectly responsible or liable for any damage or loss caused or assumed to be caused by or in relation with use of or reliance on any such content, goods or services accessible on or through any such site or resource.

RESPONSIBILITY FOR USAGE AND SECURITY
By using the Service you agree to; a) maintain and protect the security of your user credentials (username and password), b) be fully responsible for all usage of your account and any actions taking place using your account, and c) that all information provided during registration or afterwards about you is accurate, current and complete.

You are responsible for your account and your password. You should therefore NEVER give your password to anyone else. If you have given out your password and account name to someone else we strongly recommend you to change your account password. Do not give your password to any Struktur staff members.

You may not (i) select or use an Identity of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; or (iii) use a Identity that Struktur in its sole discretion, deems inappropriate or offensive.

USAGE
Once you have registered you can use the Service. You are responsible for ensuring that the information you provide using our services is legal in the country of receipt. Consequently, you are not allowed to: encourage a crime or assist anyone who encourages a crime in any way, make or distribute statements which discriminate or emphasize anyone's race, skin colour, sex, religion, ethnic origin or sexual orientation, distribute pornographic pictures or pictures which portray gross violence, force or brutality, make or distribute statements which are offensive or insulting. Using the Service you also warrant and agree that no materials submitted, transferred, uploaded or referred to using your account violates or infringes any other party's rights including copyright, trademark, privacy, publicity or contain otherwise unlawful material. If you do any of the above your account will be removed without warning of any kind. You are solely responsible for any files, texts, calendar events, links, recordings, and any other information that you publish or upload using the Service.

Struktur may, but is not obliged to, review any content that you have published using the Service and may remove this content from being made public in our sole discretion for any reason or no reason, including without limitation content that in the sole judgment of Struktur violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others. However, Struktur does not have access to any content (presentations, recordings, contacts, calendar events, files) that the you haven't made publicly available using the Service

You also agree not to do the following:
  • sending unsolicited emails or invitations;
  • initiating unsolicited telephone calls;
  • use the Service in any other manner that could damage, disable, overburden or impair the Service;
  • use automated scripts to collect information from or otherwise interact with the Service
  • publish any private information of any third party other than first and last name, including, without limitation, addresses, phone numbers, email addresses, and credit card numbers;
  • collect/solicit personal information from anyone under 18 or collect/solicit passwords or personally identifying information for commercial or unlawful purposes;
  • create a false identity on the Service;
  • make content available that, in the sole judgment of Struktur, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Struktur or its users to any harm or liability of any type.
SPAM
Struktur will immediately terminate and delete your Spreed account if it believes that the account is being used for SPAM or unsolicited bulk messaging. Struktur will not tolerate SPAM (sending of unsolicited message) through SMS, MMS or email messages and/or ANY other kind of messages. You, or users of your account, are not permitted to send SPAM. If you do send mass SMS, MMS or email messages using your Spreed account you MUST comply with the anti-spam legislation laid down by European Union (7(1) of Directive 2000/31/EC, by Articles 6 and 7) or any other anti spam legislation in other jurisdictions. Failure to do so will result in immediate and irrevocable termination of your account. Struktur's refund policy for accounts that are suspected of SPAMMING is VOID and NO refunds will be issued. Since penalties can be drastic, it is in your best interest to closely obey all laws and regulations.

AVAILABILITY OF SERVICES
Struktur maintains computer equipment and service to ensure the highest level of service, that means 24 hours a day, 365 days a year. However availability at all times is not explicitly guaranteed. For technical reasons in particular, for instance necessary maintenance or repair work, it is possible that some or all functions will not be available during this time.

ADVERTISERS
The Spreed service and web site may contain advertisements. By agreeing to these Terms and Conditions you agree to see or hear these advertisements. Members that chose to contact these advertisers do so at their own risk. All such contacts takes place beyond the control of Struktur and Struktur cannot be held responsible under any circumstances for the offerings, terms and warranties provided by the advertisers. The responsibility rests entirely on the member and the advertisers.

PRIVACY
All content uploaded to the Service is your own private property. Struktur will not read, change, destroy or forward the contents of your account, unless entitled to do so by this Agreement or forced to do so by law, regulation or any extraordinary circumstance.

Struktur will not share with, sell or transfer any data or personal information provided to us through usage of the Service to any third party without prior and explicit consent.

Note according to § 33 BDSG (Federal Data Protection Act): Storing and processing licensee data is carried out by Spreed and neutral service providers commissioned by us in strict accordance with the federal data protection act.

By making content public on your meeting schedule or profile you give an explicit consent to show the information chosen to the audience specified. Your first name, last name, company, country of origin stored in your own account profile, the title of your published conferences, presentations, and shared files are visible to other users by default. It is your responsibility to ensure that making public that information does not violate their privacy or any other regulations, and only happens when that person has given his explicit consent.

You also agree that the Service cannot be used to store, upload, or publish any sensitive information about yourself such as matters of race, ethnic background, religion, philosophical conviction, health, sexuality, labor union membership, criminal offences, social problems and other strictly private issues.

Like most web sites, Struktur uses cookies and web log files to track site usage. A cookie is a tiny data file which resides on your PC which allows Struktur to recognize you as a user when you return to our site using the same PC and web browser.

As an effect of standards on the web, when you visit the spreed.com we automatically receive the URL of the site from which you came and the site to which you are going when you leave Spreed. We also receive the Internet protocol (IP) address of your computer (or the proxy server you use to access the web), your computer operating system and type of web browser you are using, as well as the name of your ISP. This information is only used to analyze overall trends to help us improve the Service. The link between this information and your personally identifiable information is never shared with third-parties without your permission or except when required by law.

COMMUNICATION
By using this Service, Struktur may need to communicate with you via email or SMS/texts. You agree to receive messages which are specific to your account and necessary for the normal functioning of the Service, including up to five emails per year which help inform you about various features of the Service. Communications regarding other user's activity or requests to you can at any time be stopped under 'My Spreed' on spreed.com.

CLOSURE OF SERVICE
Struktur may at any time close your account if: (a) you supply misleading information at the time of registration, (b) you do not follow the terms stated in this agreement, (c) the use of your account contravenes the law or the conditions in this agreement, (d) there is reasonable suspicion that a crime has been committed, or (e) if there is a suspicion that you used your account to send SPAM. Struktur also retains the right to close the Spreed service at any time, temporarily or permanently, in case of force majeure, bankruptcy, liquidation or similar events.

Struktur retains the right to temporarily or permanently discontinue any specific features at its own discretion.

DISCLAIMER
The Spreed service is owned and produced by Struktur and its subsidiary and affiliate corporations, successors, and assigns.

The Spreed service is made available 'as is' and you agree to use it at your individual risk. Struktur explicitly disclaims all warranties of any kind, whether stated or implied.

Without limitation, you are not offered any warranty that the Spreed service will meet your requirements, that it will be continuously available, timely, free of errors, that the results achieved from the use of the Spreed service will be correct or reliable, or that the quality of any products, services, information, or other material achieved during the use of the Spreed service will meet your expectations.

For technical reasons, it can not be guaranteed, that all computers will be to use Spreed services without any exceptions or errors. Advanced firewall technologies as well as special network structures can reduce the connection quality in some cases. The potential restrictions of Internet connectivity can be checked by using the provided connection test services.

Any material downloaded or otherwise obtained through the use of the Spreed service is done at your individual risk, and you will be individually responsible for any damage to your computer system or loss of data resulting from the use of the service.

Struktur gives no guarantees concerning the different sites and information located worldwide throughout the Internet, which you may access as a consequence of the use of the Spreed service. This also includes: the correctness, currency, content, or quality of any type of site and information, or whether any search using the Spreed service may give access to unintended and offensive content.

Please note that no advice or information obtained by you from the Spreed service personnel or through the service of the Spreed service shall generate any kind of warranty, unless it is explicitly provided in these Terms and Conditions. In no event shall Struktur's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for purchasing any materials or products.

LEGAL RESPONSIBILITY
You specifically understand and agree that Struktur shall not be legally responsible for any direct, indirect, incidental, special, consequential or exemplary damages, including (but not restricted to) damages for loss of profits, goodwill, use, data or other intangible losses (even if Struktur has been advised of the possibility of such damages), resulting from: 1) the use or the incapability to use the Spreed service; 2) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Spreed service; 3) unauthorized access to or modification of your transmissions or data; 4) statements or behaviour of any third party on the Spreed service or within its service; or 5) any other matter relating to the Spreed service. In no occasion shall Struktur's total legal responsibility to you for all damages, losses, and causes of action go beyond the amount paid - if any - accessing the Spreed service.

If, at any time you upload or post data, including but not limited to comments, suggestions, problem reports, bug reports and design ideas to Struktur you automatically grant Struktur a universal, non-exclusive, royalty-free, perpetual license of all rights to use, edit, modify, include, incorporate, adapt, record and reproduce the data including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out-of-context, in all languages, in all media now known and hereafter devised, and to use the data in advertising, promotion and publicity for the site, Struktur and its or their products and services, in any and all media now known or hereafter devised. In addition, you represent and warrant that you are entitled to enter into these Terms and policies and that you waive any so-called "moral rights" in and to the data.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless Struktur, its parents, affiliates and subsidiary companies, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including but not restricted to, attorneys fees) arising from your use of our Services, your violation of the Terms and Conditions or your violation, or violation by any other user of your account, of any intellectual property or other right of any person or entity. You agree to instantly inform Struktur of any unlawful use of your account or any other breach of security of your knowledge.

TERMINATION AND MODIFICATION
You agree that Struktur, in its sole judgment, may end your account (or any part thereof) or use of the Spreed service, and eliminate and discard any content within the Spreed service or on Spreed servers, for any reason, including, without limitation if Struktur believes that you have violated or not acted in conformity with the Terms and Conditions. Further, you agree that Struktur shall not be legally responsible to you or any third-party for any termination of your access to the Spreed service.

Struktur reserves the right to revise, change, add or remove portions of these regulations at any time and without prior notice. For that reason, we advise you to periodically visit this page to be acquainted with the Terms and Conditions regarding The Spreed service, which you are obliged to follow. Your continued use of the Spreed service following the posting of changes to these terms will imply that you accept those changes.

GOVERNING LAW
All legal matters arising from or related to the use of the Spreed service shall be interpreted in accordance with (and all questions with respect to that shall be determined by) the laws in force in Germany applicable to contracts entered into and wholly to be performed within Germany, unless it has been explicitly declared to the contrary somewhere else. Place of fulfilment for traders, legal persons of public law, as well as licensees without a place of general jurisdiction in Germany, is Stuttgart. If one or more of the provisions contained in this Agreement is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, the validity, legality, or enforceability of the remaining provisions will not be affected. Failure or delay on the part of any party to exercise any right under this Agreement will not operate as a waiver. Any waiver must be in writing and signed by the party granting such waiver. No provision of this Agreement is to be interpreted for or against either party on the grounds that one party or the other, or their legal counsel, drafted such provision.

UPDATING THESE TERMS AND CONDITIONS
If we decide to update these Terms and Conditions, or to modify it in order to cover new services or situations, we will immediately publish those changes on this page. It is your responsibility to check this document for further changes.