Actionbound's Terms and Conditions and Privacy Statement

You will find the general terms of use for players and creators as well as declarations on data storage below.

General Terms of Use for Players (GTU-P)

The authoritative text of these Terms is in German, as we are a German company. Please find them here. The English translation is provided solely for your convenience.

We offer you a free service with the app "Actionbound", so long as you use the app only for private use. In order to provide this service we have to clarify some legal things with you. We ask for your approval so that we can receive and store certain information from you. We need some for your Bound to work at all. For example, the creator needs the nicknames of your group so that the Bound knows who is playing and we can assign the final score to your group. These nicknames and the final score will also be displayed on the public scoreboard, if you agree to this, at the end of the Bound.

Other data, such as the photos you take, are also stored so that the Bound creator and you as a group have them in one place and can look at them again.

The careful handling of your data is very important to us. Therefore, we ask you at the end of the Bound for your approval before publishing your photos. If you agree they will appear on our website. The photos will remain yours and you can do with them whatever you want. You can delete your photos and other data at any time. We ask you to pay attention to traffic and other hazards. Take care of your environment while you have the smartphone in your hand! Please make sure that you do not choose insulting names or otherwise offend people or upload content that could seriously bother other users. Please only use ideas and pictures you have made yourself or are explicitly allowed to use to create your Bound. If you encounter any content that poses a serious problem for you, please let us know at info@actionbound.de.

1. Basics

We offer you the app for free, so long as you use it only for private use. If you want to make money with the app or use it for your society, museum or company, you need a special permission from us. If you use the app, we must assume that you agree to these terms. If only one of you agrees to the agreements, this also applies to the other group members. These explanations are only intended to help you understand the terms of use. They do not replace the text of the terms of use.

  1. Use of the Actionbound app is not possible and is not permitted without consent to these agreements.
  2. As a player, the user, who operates the device for a group, also consents for the other users.
  3. The use for any purpose that is not purely private, in particular for any activity which is intended to promote a business purpose of its own or a third party (whether economic or otherwise) requires a separate license.
  4. The agreements apply between Simon Zwick and Jonathan Rauprich GbR, Schillerpromenade 31, 12049 Berlin - as a provider of Actionbound - and you, the user. They describe a legal link between you and us. It is important to read them carefully. We have tried to keep the software and the agreements as privacy-friendly as possible. You can also accept the terms of use simply by using the program. You acknowledge and agree that we understand the use of the program as acceptance of our terms of use.

2. Object of the contract and the right to use

If you are not yet 18 years old, please briefly talk with your parents, teachers, or guardians about using our app and ask for permission. We offer you our app and the associated services free of charge so long you only use it privately.

  1. The right to use is limited to those who are legally competent or, for those who are restricted in their legal competence, with the consent of their authorised representatives.
  2. The player acquires, without service in return, the simple, non-exclusive right to use the contractual software and the externally produced content - as far as necessary for the execution of the program - until the expiry of the respective Bound or its processing.

3. Liability

Errors can always happen. We can not pay for damages if something does not work as expected or damages occur. There are exceptions to this rule, which are explained in more detail below. Please contact us at info@actionbound.de if something bothers you.

  1. If the storage of the user-created content takes place on the provider's servers, the provider shall not be liable for damages resulting from the prevention of access to the server, in particular for disturbances and irregularities caused by third-party servers. In particular, the user must ensure that sufficient network coverage is available at the location of the request.
  2. The provider is not liable for damages caused by the use or the impossibility of using the program. The provider is not liable for damages caused by data loss.
  3. The provider can not be held responsible for damages caused by the contents of the users, despite monitoring against illegal contents or malicious programs.
  4. If you are exposed to content that is indecent or otherwise perceived as disturbing during the use of the website and the program, you can report such content to info@actionbound.de. The appropriate notification and a moderation by us shall take precedence over legal remedies, insofar as such exclusion is legally possible.
  5. User-generated content, the programs or the website may contain hyperlinks to websites which neither belong to us nor are controlled by us. We can not accept liability for any content on such sites.
  6. The limitation of liability does not apply to damages caused by the injury to the health, the body or the life of the user. The limitation also does not apply to damages which are based on gross negligence or intentional action on the part of the provider, his vicarious agents or legal representatives. The provider shall only be liable for slight negligence if a contractual obligation which is essential for the achievement of the contractual purpose has been violated by the provider, his legal representatives or vicarious agents. These conditions of use shall not affect any statutory rights which are attributable to any end-user and which can not be amended or revoked by contract.

4. Defects liability

We make every effort to ensure that Actionbound always works. However, it may happen that our services need to be repaired or updated. We cannot promise that everything will work at any time.

  1. Program and website are provided as they are. The provider gives no warranty or guarantee regarding the functionality.
  2. In particular, the provider does not warrant or guarantee that the use of the program or the website is not interrupted or free from errors or that errors in the operation or functionality of any software are remedied.

5. Content

You decide which photos or results you upload. You have to make sure that nobody is disturbed by your content. If you upload pictures or products from others, please make sure that you are allowed to do so. The content you upload will remain your property.

  1. The user agrees that he is solely responsible for content uploaded by him. The user is obligated not to upload any content that is harmful to the youth, especially of pornographic or erotic nature, as well as to offensive, proprietary or trademark infringing or otherwise unlawful contents. In case of violation of this agreement the user can be permanently blocked. The provider reserves the right, without obligation, to control the contents accordingly and, if necessary, to delete them without prior notice and at their sole discretion.
  2. The user retains all intellectual property rights to the uploaded content. Without prejudice to this, the functionality of the program requires that the provider and other users of the website and the program have limited rights of use. These are described in more detail in section 6 of these terms of use.
  3. It is the responsibility of the user to ensure that he has obtained all rights and permissions necessary for the provider to make use of the uploaded content in the manner specified in these terms of use.

6. Rights that the user grants

We need your permission ("license") to process your pictures and inputs. For example, we have to save it or compare it with the entries from other players so your game will work at all. Images from any Bound can be displayed on our website if you decide to publish them at the end of the Bound. We will never sell your data or pictures and will not earn any money with it. Your pictures will remain yours. You can delete them at any time, then we can not use them any more.

  1. By uploading content, the user grants the provider a worldwide, non-exclusive and royalty-free license. This license includes the right of under-licensing. The license includes the use, reproduction, distribution and production of derivative works of the content, as well as the display and the representation of the content in connection with the offering of the program and the offering of the website. The contents may be used for free self-promotion of the provider, if they are not main part of the advertising, for example by the presentation of the contents on the website of the provider. In addition, by providing the content, the user grants a worldwide, non-exclusive and royalty-free license to any other user of the website and the program with regard to access to the content, as well as to the use, reproduction and distribution for the purpose of using the program to the extent of the functionality of the program, the website and these provisions.
  2. The granted licenses for content expire at the latest as soon as the user has them blocked or deleted.
  3. The uploaded and created content will only be made available on the website and in the app, if the user decides to do so.

7. Final clause

  1. German law applies.
  2. For both contracting parties, Berlin is the exclusive place of jurisdiction.. Urgent proceedings against the user can be brought in any applicable court.

General Terms of Use for Creators (GTU-C)

The authorative text of these Terms is in German, as we are a German company. Please find them here. The English translation is solely provided for your convenience.

We offer you a free service with the Actionbound app and the Bound Creator as long as you use the software only privately. For this we have to clarify some legal things with you. When you create a Bound at Actionbound, we need some permissions from you to make the app work. For example, you need to give us certain rights that we need to display your bound and publish it after your approval. So if you write a story for your bound or ask creative questions, we need your permission to distribute the writing. Otherwise nobody could read it.

You should know that also the data of your players is stored, which is needed to play the created Bound. Some data is needed so your bound will work at all. For example, the program needs the nicknames of your group to know who is playing and we can assign the final score to your group. These nicknames and the final score are also displayed in the public scoreboard. Other data, such as the photos you take, are also stored, so that the Bound creator and you as a group have them in one place and can look at them again.

The careful handling of your and your players’ data is very important to us. Therefore, we ask your players at the end of the Bound for their approval, whether they want to publish their photos. If they agree they will appear on our website.

Please be careful when you create your Bound not to ask for any data that are especially sensitive. The European General Data Protection Regulation refers to information about the racial or ethnic heritage, political opinions, religious or ideological convictions, union membership, genetic or biometric data, sexual orientation or sex life. Additionally, the collection of data about criminal convictions or acts and associated punishments is prohibited. The answers to such questions are of no concern to anyone and you should be correspondingly careful with such questions. If you still wish to create a Bound that concerns itself with such issues in an integrated and sensitive manner, you are responsible for requiring Bound players to provide their answers either anonymously or pseudonymously. You may not request players of such a Bound to provide their email addresses, telephone numbers, or real names.

Please ensure that you do not request data in the Bound that is particularly sensitive. The German Federal Data Protection Act refers thereby you information on racial and ethnic origin, political opinions, religious or philosophical beliefs, union affiliation, health or sexual life. These answers are nobody’s business, so be careful with your questions. If you nevertheless want to offer a Bound that deals in an integrative and sensitive manner with such or similar topics, you are obliged to ensure that the information of the players is given only anonymous or pseudonymous. You can not ask for the e-mail addresses, telephone numbers or real names of the players.

Please make sure you do not create insulting content or questions. We'll delete your bound. Please only use ideas and pictures to create your Bound, you have made yourself or are explicitly allowed to use when creating your Bound.

1. Basics

We offer the Bound Creator for free as long as you use it only privately. If you want to make money with the Bound Creator or use it for your society, museum or company, you need a special permission from us. If you use the Bound Creator, we must assume that you agree to these terms. These explanations are only intended to help you understand the terms of use. They do not replace the text of the terms of use.

  1. Use of the Bound Creator and Actionbound app (henceforth called program) is not possible and is not permitted without consent to these agreements.
  2. The use for any purpose that is not purely private, in particular for any activity which is intended to promote a business purpose of its own or a third party (whether economic or otherwise) requires a separate license.
  3. The agreements apply between Simon Zwick and Jonathan Rauprich GbR, Schillerpromenade 31, 12049 Berlin - as a provider of Actionbound - and you, the user. They describe a legal link between you and us. It is important to read them carefully. We have tried to keep the software and the agreements as privacy-friendly as possible. You can also accept the terms of use simply by using the Bound Creator. You acknowledge and agree that we understand the use of the program as acceptance of our terms of use.

2. Object of the contract and the right to use

If you are not yet 18 years old, please briefly talk with your parents, teachers, or your supervisors about using the Bound Creator and ask for permission.

  1. The right to use is limited to those who are fully qualified as business executives or who are restricted to business executives with the consent of their authorised representatives.
  2. The creator acquires, without consideration, the simple, non-exclusive right to use the contractual software and the externally produced content - as far as necessary for the execution of the program - until the expiry of the respective Bound or its processing.

3. Liability

Errors can always happen. We can not pay for damages if something does not work as expected or damages occur. There are exceptions to this rule, which are explained in more detail below. Please contact us at info@actionbound.de if something bothers you.

  1. If the storage of the user-created content takes place on the provider's servers, the provider shall not be liable for damages resulting from the prevention of access to the server, in particular for disturbances and irregularities caused by third-party servers. In particular, the user must ensure that sufficient network coverage is available to him at the location of the request.
  2. The creator of the Bound is committed to the provider to take account of any local hazards known to him, like heavily traveled traffic routes or landscape features, when creating Bounds.
  3. The provider is not liable for damages caused by the use or the impossibility of using the program. The provider is not liable for damages caused by data loss.
  4. The provider can not be held responsible for damages caused by the contents of the users, despite monitoring against illegal contents or malicious programs.
  5. The limitation of liability does not apply to damages caused by the injury to the health, the body or the life of the user. The limitation also does not apply to damages which are based on gross negligence or intentional action on the part of the provider, his vicarious agents or legal representatives. The provider shall only be liable for slight negligence if a contractual obligation which is essential for the achievement of the contractual purpose has been violated by the provider, his legal representatives or vicarious agents. These conditions of use shall not affect any statutory rights which are attributable to any end-user and which can not be amended or revoked by contract.

4. Defects liabilty

We make every effort to ensure that Actionbound always works. However, it may happen that our services need to be repaired or updated. We cannot promise that everything will work at all times.

  1. Program and website are provided as they are. The provider gives no warranty or guarantee regarding the functionality.
  2. In particular, the provider does not warrant or guarantee that the use of the program or the website is not interrupted or free from errors or that errors in the operation or functionality of any software are remedied.

5. Content

You decided for yourself what photos or results you upload, which questions you ask, and how you construct your Bounds. You must ensure that no one is disturbed by your content. You are prohibited from posing questions that denounce members of a group. If you ask about racial or ethnic origins, political opinions, religious or ideological convictions, about genetic or biometric data, sexual orientation or sex life, or about criminal convictions, criminal acts, or the punishments associated with such acts, you must ensure that the players can only answer in such a way that the answers cannot be traced back to them personally. If you upload images or products from others, please ensure that you are allowed to do so.

  1. The creator consents to being solely responsible for the content they create and upload. The creator obligates themselves not to upload any content that could be injurious to youth, especially content of a pornographic or erotic nature. The same is true for slanderous content, content that violates copyright or property law, and any other content that is in violation of the law. Violating this agreement can lead the creator to be permanently banned from the service. The provider reserves the unconditional right to examine content on these grounds, and solely at their own discretion, to delete it.
  2. The creator retains all intellectual property rights for the content created. Irregardless, it is necessary for the functionality of the program that the provider and other creators on the website and of the program receive unlimited usage rights. These are described in more detail in number 6 of this usage agreement.
  3. It is the user’s responsibility to ensure that they have all of the necessary rights and permissions necessary for the provider to make use of the uploaded content in the manner described in these terms of use.
  4. The creator is especially prohibited from posing any questions or tasks whose answers could lead the user to provide personally identiifiable information about their racial or ethnic heritage, their political opinions, religious or ideological convictions, union membership, health, sexual orientation, or sex life (See Art. 9 Par 1. GDPR), insofar as they are not in possession of a written consent for every users as stipulated by Art. 9 Par. 2 lit. a) GDPR. Questions of a personally identifiable nature, or which could be made personally identifiable, and which concern criminal judgments, criminal acts, or sanctions for such acts, are prohibited under all circumstances.

6. Rights that the user grants

We need your permission ("license"), to process your pictures and inputs. For example, we have to save it or compare it with the entries from other players so your game will work at all. Images from any Bound can be displayed on our website, if you decide to publish them at the end of the Bound. We will never sell your data or pictures and will not earn any money with it. Your pictures will remain yours. You can delete them at any time, then we can not use them any more.

  1. By uploading content, the creator grants the provider a worldwide, non-exclusive and royalty-free license. This license includes the right of under-licensing. The license includes the use, reproduction, distribution and production of derivative works of the content, as well as the display and the representation of the content in connection with the offering of the program and the offering of the website. The contents may be used for free self-promotion of the provider, if they are not main part of the advertising, for example by the presentation of the contents on the website of the provider. In addition, by providing the content, the creator grants a worldwide, non-exclusive and royalty-free license to any other creator of the website and the program with regard to access to the content, as well as to the use, reproduction and distribution for the purpose of using the program to the extent of the functionality of the program, the website and these provisions.
  2. The granted licenses for content expire at the latest as soon as the user has them blocked or deleted.
  3. The uploaded and created content will only be made available on the website and in the app, if the creator decides to do so.

7. Final clause

  1. German law applies.
  2. For both contracting parties, Berlin is the exclusive place of jurisdiction. Urgent proceedings against the user can be brought in any applicable court.

Consent for Data Retention

As is stipulated in our Terms and Conditions, you must be at least 18 years of age in order to use the app or the Bound-Creator. In order to consent to the retention of your data, you must be at least 16 years of age. If you are not yet 16 years old, you confirm with your consent that you have asked a parent or legal guardian for permission.

Simple Explanation Actionbound saves your input. Actionbound would be unable to function otherwise. But we don’t want to know who you are. You can stay anonymous. You can use a nickname, for example. Still, you can reveal your identity while playing the game. For example, you can provide your email address to receive results or photos. You do so voluntarily. We save such data. We use these data exclusively to make it possible for you to use Actionbound. Even so, we’d like to ask your permission. We’d like you to be as informed about your data as possible. Your rights regarding your data will be explained to you here. You can delete or alter your data at any time, for example.

Binding Explanation Actionbound processes data input specified by the creator of a Bound at its own responsibility. Actionbound would be unable to function otherwise, as it relies on user input. We attempt, through the design of the program, to avoid, so far as is possible, retaining any personally identifiable information. Personally identifiable information is any information that can be connected to you or which identifies you directly in real life, your name or telephone for example. You can use our app and our website without inputting any personally identifiable information. The program makes it possible for you to use a nickname or a pseudonym for example. You only need to provide an email address as a creator, as we would not otherwise have a way of contacting you if there are problems or follow-up questions.

Your IP address is only processed and saved insofar as doing so is necessary in order to use the app and website. We do not undertake a comparison of the IP address with other data.

At the same time, it is possible to input an email address in order to receive a link to the results or to other content per email. The creator of a Bound can request personally identifiable information from you. It is also possible for you to input your real name instead of a nickname. You consent herewith to the processing by Actionbound of personally identifiable data that is either requested in this manner or voluntarily provided.

We use cookies. These are small text files that are saved on your device and are read by your browser. They help us to make the website more user friendly. You have the ability to change your browser’s settings so that it does not save any cookies.

There are certain things that creators of Bounds should not ask you at all. For example, it is nobody’s business what political party you prefer or what you believe. You need not answer any of the questions. If you answer such questions anyway, you consent to our storing your answers.

In the interests of a strict avoidance of data collection, we have obliged creators of Bounds to avoid collecting any information about race, ethnic heritage, political opinions, religious or ideological convictions, as well as about genetic data, biometric data, health data, or data regarding sexual practices or preferences, as well as data concerning criminal convictions or criminal acts. In exceptional cases, it can occur that Bound creators do not abide by these regulations. Please contact info@actionbound.de. If you decide to answer anyway, you hereby consent to our processing your answers.

We take care that your data are saved securely. You can ask what data we have retained about you at any time. You can inform us at anytime if you would like us to delete, block, or amend your data. We do not give your data to any third parties. We save the data that we process on servers within Germany. We do not relay your data to other countries. If you would like to delete, collect, or block your data or require information, simple get in touch with us, preferably by sending an email to info@actionbound.de.

Put individually, you have the following rights regarding your data

  • The right to information regarding the retention of data.
  • The right to information regarding data that has been retained.
  • The right to contest or to revoke this consent.
  • The right to amend, delete, or restrict your data.
  • The right to the portability of your data.

To ensure your information rights, (Art. 13 GDPR) is summarized below:

The responsible parties are Simon Zwick and Jonathan Rauprich. They can be reached at the business address Schillerpromenade 31, 12049, Berlin, Germany. Email: info@actionbound.de. Telephone: +49 (0)30 120 833 17.
Data are retained solely to enable the use of our website and app in accordance with this agreement and article 6 par. 1 lit. a) and b) GDPR Your data are not passed on to third parties and are not saved after the creator of the bound you played deletes either the bound or their account.

You can register a complaint about us with the appropriate regulatory agencies.

The address of the supervisory authority responsible for our company is:

Berliner Beauftragte für Datenschutz und Informationsfreiheit, Maja Smoltczyk, Friedrichstraße 219, 10969 Berlin, Phone: 030/138 89-0, email: mailbox@datenschutz-berlin.de

You are neither legally nor contractually obligated to provide data in order to take advantage of our offer. Nor, with the exception of an email address when a Bound is created, is it required for you to provide data to complete a contract. Since you only use Actionbound digitally and we fundamentally do not wish to retain any personally identifiable information– such as your postal or email address–an electronic consent is satisfactory.

Actionbound will not sell or otherwise provide your data to third parties. We will now present some details that are technically necessary:

Access Data/ Server Logfiles

The provider (or their webhost) retain data each time the server is accessed (so-called server log files). Among the access data retained are:

  • Name of the website that has been loaded
  • File loaded, time and date of the loading
  • Amount of data transmitted
  • Notification of successful loading
  • Browser type including version
  • The user’s operating system
  • Referring URL (the previously visited page)
  • IP address and Internet Service Provider

The service provider uses the protocol data exclusively for statistical evaluation for operational purposes, as well for the security and the optimization of the offer. The provider reserves the right to examine the protocol when evidence provides a reasonable suspicion of illegal use.

Treatment of Personally Identifiable Information

Personally identifiable information is information with which a person’s identity can be determined, that is to say, data that can be traced back to an individual. These include name, email address, and telephone number. Data about preferences, hobbies, memberships, and web browsing history also constitute personally identifiable information. Personally identifiable information is only collected, used, and shared by the provider when it is legally permissible or when the user provides their consent.

Registration Function

The data provided during registration will be used for the purpose of taking advantage of the offering. The user can be informed about information relevant to the registration or to the offer, such as changes to the scope of the offering or the technical circumstances via email. The data that are saved are visible on the registration screen in the course of the registration. These include data such as user name and email address.

Contact

When the provider is contacted (for example via contact form or email), the information provided by the user is saved for the purpose of handling the request as well as for possible follow-up question.

Comments and Contributions

If users comment or otherwise contribute to the website, their IP address is saved. This is for the security of the provider, as the provider can be held liable for illegal comments or contributions to the site (such as insults or prohibited political propaganda). In such cases, the provider can be held liable and therefore has an interest in the identity of the author.

Newsletter

We use the newsletter to keep you informed about us and our offering. If you would like to receive the newsletter, we need a valid email address from you, as well as information that allows us to to confirm that you are the owner of the email address provided, or that the email addresses’ owner agrees to receive the newsletter. Other data are not retained. These data are only used to send the newsletter and are not given to third parties. When you register for the newsletter, we save your IP address as well as the date of your registration. These data are retained solely for the event that a third party misuses an email address and registers it for the newsletter without the consent of an authorised person. You can rescind your consent for the retention of these data, your email address, and its use in sending the newsletter at any time. You can rescind your consent using a link in the newsletter itself, in the profile area, or with a message sent to the contact information provided above.

Cookies

When the user accesses the site, one or more cookies is saved on their computer. A cookie is a small file containing a specified sequence of characters that clearly identifies your browser. The provider uses cookies to improve the convenience and quality of their offering. Cookies do not harm the computer of the user and do not contain viruses. It is possible to take advantage of the offer without cookies. Users can deactivate the saving of cookies in their browsers. They can also also restrict the setting of cookies to certain websites, or set their browsers to notify them before a cookie is set. They can also use the data protection function of their browser to delete cookies from their computers at any time. In this case, the functionality and user friendliness of the offering may be limited.

Google Analytics

This offer uses Google Analytics, a web analytics service from Google Inc. (“Google”). Google Analytics uses so-called “cookies,” text files that are saved on the user’s computer and make it possible to analyze the usage of the website. The information about the usage of the website by the user produced by the cookies are generally transmitted to a Google server in the USA and saved there. In the case that the IP anonymization function has been activated on this website however, Google will shorten the IP address in a member state of the European Union, or in another member state of the European Economic Area. The full IP address will only be transmitted to a Google server in the USA, where it will be shortened, in extraordinary cases. IP anonymization is activated on this site. Google will use this information on the operators behalf in order to evaluate the usage of the website by the user, in order to compile reports on the activity on the website, and to adduce the internet usage of of associated service providers in relationship to the website operator. The IP address transmitted to Google by your browser in the context of Google Analytics will not be combined with other data from Google. Users can prohibit the setting of cookies using a setting in their browser software. However, this offer informs the user that they may not be able to take full advantage of all of the functions of the website in this case. Furthermore, the user can hinder the collection of data concerning their usage of the website by the cookie (including their IP address) as well as the processing of this data by Google by downloading and installing the browser plugin available at this address: http://tools.google.com/dlpage/gaoptout?hl=en.