Actionbound's terms and conditions and privacy statement

Below you find the general terms of use for players, for creators and declarations on data storage.

General Terms of Use for Players (GTU-P)

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 app "Actionbound", if you use the app only for private use. For this we have to clarify some legal things with you. We ask for your approval 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 in 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, whether you want to publish 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 to create your Bound, which you have made yourself or are explicitly allowed to use. If you encounter any content that is a serious problem for you, please let us know at info@actionbound.de.

1. Basics

We offer you the app for free, if 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 gives the consent 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 your supervisors about using our app and ask for permission. We offer you our app and the associated services free of charge if you only use it privately.

  1. The right to use is limited to those who are legally competent or who are restricted in their legal competence with the consent of their authorised representatives.
  2. The creator 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 to him 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 contents that are 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 be subsidiary to 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 this site.
  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 that Actionbound always works. However, it may happen that our services need to be repaired or updated. We can not 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 that he has 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. 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 if 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 ensure that you do not request data in the Bound that is particularly sensitive. The German Federal Data Protection Act thus means 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, which you have made yourself or are explicitly allowed to use.

1. Basics

We offer the Bound Creator for free, if 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 (following 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 that Actionbound always works. However, it may happen that our services need to be repaired or updated. We can not 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 decide which photos or results you upload, which questions you ask and how you build the Bounds. You have to make sure that nobody is disturbed by your content. You can not ask questions by which group members are exposed. If you are asking for racial and ethnic origin, political opinions, religious or philosophical beliefs, trade union affiliation, health, or sexual life, then you need to make sure that the players can only answer in a way that the responses do not come back on them personally. If you upload pictures or products from others, please make sure that you are allowed to do so.

  1. The creator agrees that he is solely responsible for content uploaded by him. The creator 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 creator 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 creator retains all intellectual property rights to the uploaded content. Without prejudice to this, the functionality of the program requires that the provider and other creators 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 creator that he has all rights and permissions necessary for the provider to make use of the uploaded content in the manner specified in these terms of use.
  4. In particular, the creator may not ask questions or tasks whose responses motivate the user to provide personally identifiable information about his / her racial and ethnic origin, political opinions, religious or philosophical convictions, union affiliation, health or sexual life (cf. § 3 para 9 BDSG) as far as he has not received any written consent from each user before the beginning of the Bound according to § 4a of the Federal Data Protection Act (BDSG).

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.

Declaration on data storage

Simple Explanation
Actionbound saves what you type. Actionbound can not work otherwise. But we do not want to know who you are. You may remain unknown. For example, you can use a nickname. You can still reveal your identity in the game. For example, you can use your e-mail address to get results or photos. You do this voluntarily. We store this data. You can lock or delete them at any time.

Binding Agreement
Actionbound processes data for the creator of this Bound. Otherwise, Actionbound could not work, because Actionbound is dependent on user inputs. Through the design of the program, however, we try not to store any personal data as far as possible. Personal data is data from which you can personally be traced back or which directly identify you in real life, e.g. your name or phone number. You can use our website and the app without the input of personal data. For example, the program offers each participant the option of choosing a nickname as a pseudonym. As a creator, you must specify an e-mail address.

Your IP address will only be processed and stored if necessary to use the app and the website. We do not match the IP address with other data.

At the same time, for example, you can specify an e-mail address to receive a link to results and other content by e-mail. The Bound creator may request personal data from you; it can also be that you enter your real name instead of your nickname. You hereby consent to the processing of such personal data which has been requested or voluntarily entered by Actionbound.

We use cookies, these are small text files that are stored on your device and read by your browser. They help us make the website user-friendly. You can set your browser to not save cookies.

The creator of a Bound should not ask you about certain things. For example, it does not matter which party you like or what you believe in. You do not have to answer any of these questions. If you answer such questions anyway, you agree that we will also save your answers.

We have obligated the creator of a Bound in terms of a strict data avoidance, to not collect data on the racial and ethnic origin, political opinions, religious or philosophical convictions, union affiliation, health or sex life of the users. In exceptional cases, creators of bounds may not adhere to this requirement. If you decide to answer nevertheless, you also agree that the corresponding answers will be processed by us.

We ensure that your data is securely stored. You can always ask what data about you we have saved. You can tell us at any time if your data should be deleted, blocked or corrected. We will not share your information.

The data we process is encrypted and stored on servers within Germany.

If you want to delete, correct or block your data, or need information, please contact us at info@actionbound.de.

The fact that you only use the app Actionbund digitally and we do not want to store any personal data such as postal or e-mail addresses in the sense of the data protection it is sufficient at this point to give approval electronically. Your data will not be sold by Actionbound or otherwise passed on to third parties.

Here are some details that are technically necessary:

Access data / server log files
The provider (e.g. webspace provider) collects data about each access to the service (so-called server log files).

The access data include:

  • Name of the accessed webpage
  • File, date and time of demand
  • Transferred data
  • Message about successful retrieval
  • Browser type and version
  • The operating system of the user
  • Referrer URL (previous page)
  • IP address and the requesting provider

The provider uses the log data only for statistical evaluations for the purpose of operation, security and optimization of the service. However, the provider reserves the right to check the log data at a later date if there is a reasonable suspicion of unlawful use on the basis of concrete indications.

Handling of personal data
Personal data is information by means of which a person can be identified, ie information which can be traced back to a person. This includes the name, email address or phone number. But also data about preferences, hobbies, memberships or visited websites count to personal data.

Personal data are collected, used and passed on by the provider only if this is legally permitted or if the users consent to the data collection.

Registration function
The data entered during registration are used for the purposes of the use of the service. Users may be informed by means of offer or registration-relevant information by e-mail about changes in the extent of the offer or technical circumstances. The collected data can be seen from the input mask as part of the registration process. This includes data such as the user name and the e-mail address.

Contacting
When contacting the provider (for example via a contact form or e-mail), the user's data are stored for the purpose of processing the inquiry as well as in the event that follow-up questions arise.

Comments and contributions
When users post comments on the blog or other posts, their IP addresses are saved. This occurs to the security of the provider, if someone writes in comments and contributions illegal contents (insults, prohibited political propaganda, etc.). In this case, the provider itself may be prosecuted for the comment or contribution and is therefore interested in the author's identity.

Newsletter
With the newsletter we inform you about us and our offers.

If you wish to receive the newsletter, we need a valid e-mail address from you as well as information that will allow us to verify that you are the owner of the e-mail address or that the owner agrees to receive the newsletter. Further data is not collected. These data are only used for sending the newsletter and will not be passed on to third parties.

By registering for the newsletter, we store your IP address and the date of the registration. This storage serves solely as proof in the event that a third party misuses an e-mail address and registers for the newsletter without the knowledge of the authorized person.

Your consent to the storage of the data, the e-mail address as well as their use for sending the newsletters can be revoked at any time. The revocation can be made using a link in the newsletters themselves, in your profile area or by writing the contacts mentioned above.

Cookies
When users access the service, one or more cookies are stored on their computer. A cookie is a small file that contains a specific string and clearly identifies your browser. With the help of cookies the provider improves the comfort and the quality of his service, for example by storing user settings. Cookies do not damage the users' computers and contain no viruses.

Use of this website is also possible without cookies. Users can disable cookies, restrict them to specific websites, or set their browser to notify them before a cookie is stored. You can delete the cookies from the hard disk of your computer at any time via the data protection functions of your browser. In this case, the functions and the ease of use of the service could be restricted.

Google Analytics
This service uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses so-called "cookies", text files that are stored on the user's computer which allow an analysis of the use of the website. The information generated by the cookie about the use of this website by the users is generally transferred to a Google server in the USA and stored there.

However, in the case of the activation of the IP anonymisation on this website, the IP address of the users within Member States of the European Union or in other Contracting States of the Agreement on the European Economic Area will be shortened by Google. Only in exceptional cases the full IP address will be transferred to a Google server in the US and shortened there. IP anonymisation is active on this website. On behalf of the operator of this website, Google will use this information to evaluate the use of the website by the users to compile reports on the website activities and to provide other services related to the website usage and the internet usage for the website operator.

The IP address provided by your browser as part of Google Analytics will not be merged with other Google data. Users can prevent the storage of cookies by setting their browser software accordingly; However, this offer reminds the users that in this case, they may not be able to fully utilize all the functions of this website. Users may also block Google's collection of the data (including their IP address) generated by the cookie and the use of the site (including your IP address), as well as the processing of such data by Google by using the browser plug-in available at the following address: http://tools.google.com/dlpage/gaoptout?hl=en.