Paperball

General Terms and Conditions (GTC) for the services of Paperball GmbH

I. Contents
II. Scope, place of jurisdiction and applicable law
III. Registration / Access / Access Codes
IV. Conclusion of the contract, right to cancel and price changes
V. Contract period, automatic extension of premium membership and termination
VI. Consequences of contract termination
VII: Payment
VIII. Reachability of the user
IX. Responsibility for minors
X. Granting of rights by Paperball
XI. User content
1. Accessibility
2. Responsibility
3. Publication of content
4. Blocking and deletion of content
XII. Further responsibility and obligations of users
XIII. Inactivity
XIV. Exclusion of warranty / limitations of liability
XV. Changes to the service or the service provider
XVI. Changes to the Terms and Conditions

II. Scope, place of jurisdiction and applicable law

The offer of Paperball's services is directed exclusively at persons who are resident or ordinarily resident in Europe. The use of Paperball's services (i.e. the freely accessible services, the services for which registration is required including the payment-based services such as Paperball Premium), is subject to the following Terms and Conditions of Paperball GmbH, (hereinafter referred to as Paperball). By registering with Paperball and by using the services provided, you agree to use the Paperball services in accordance with applicable law and these Terms and Conditions. Paperball does not save the contract terms individually for each contract partner. You can access these Terms and Conditions via a link at the bottom of the page at www.Paperball.de and on the home page of each service. For our paid services these Terms and Conditions are sent to you as part of the order confirmation email. Individual services in the Paperball network are provided in cooperation with partners. These services may apply additional or different Terms and Conditions.

These Terms and Conditions also apply, mutatis mutandis, to Paperball services that can be used on mobile devices.

Any conflicting General Terms and Conditions of the Customer will be regarded as null and void.

The applicable law is that of the Federal Republic of Germany excluding the CISG. If you are a businessperson, a legal entity under public law or a public special fund, the exclusive place of jurisdiction shall be Munich in the Federal Republic of Germany.

III. Registration / Access / Access codes

Certain Paperball services and functions can be used only by registering as a member or as a paying Paperball Premium Member. Membership is open to anyone who fills out the registration form completely and truthfully ("Personal and contact details") and Premium membership is open to anyone who has also paid the applicable membership fee.
You are obliged to keep your personal and contact details up to date. When registering, choose a password (access code).
For certain services, Paperball will send so-called activation emails after registration to the email address that you have given. In these cases, the full service only becomes available after you have completed the actions described in the activation email.

Membership is not transferable and the associated Paperball services may be used solely for personal use. Improper multiple registrations are not permitted.

You are obliged to protect the access to each of the services against unauthorized use by third parties. Access codes must be kept secret. Should your access codes become available to third parties through your fault, you are liable for any use of your access codes by third parties and the consequent use of a service. Once you become aware that your access codes may have become available to unauthorized third parties, you are required to change your password. If this is not possible, Paperball should be informed immediately by e-mail to info(@)paperball.news quoting your access codes.

IV. Conclusion of the contract and right to cancel

If registration is required for the use of a service, the submission of your registration information at the conclusion of the registration process constitutes the making of an offer to conclude a contract based on the performance and product descriptions of Paperball services and in accordance with these GTC. The individual steps of the registration process will be explained to you during the registration process. Pending the completion of registration, you can correct your input at any time. Paperball will signify its acceptance of your offer by sending a welcome e-mail and / or an order confirmation email to the email address that you specified or another e-mail address or by making the full service available (whichever is the earlier).

We will save the text of the contract and send you the order information and our GTC via e-mail. You can also view the GTC on this page and download them from this page at any time.
After conclusion of the contract, you have a 14-day statutory right of cancellation, which is regulated in more detail in the Cancellation Policy. Any membership charges already paid will be repaid by us within this period.

If registration is not required to provide you with use of the service, use of the services by you constitutes an offer to conclude a contract according to the performance and product descriptions of Paperball services and under these GTC, which Paperball accepts by providing the service.

V. Contract period, automatic extension of premium membership and termination

The contracts for the free services offered and also for Paperball Premium are concluded for an indefinite period. The payment-based Paperball Premium membership is extended automatically by the respective initial contract term that was selected by you at the conclusion of the contract.

The Parties are entitled to terminate the Contract at any time.

You can cancel your Paperball premium membership at any time via the User Administration page on the Paperball website.

Furthermore, the Parties have the right to immediate termination for good cause without prior warning. A good cause for termination by Paperball exists in particular if you violate applicable law or these General Terms and Conditions.

If you have multiple user accounts at Paperball, Paperball is entitled to implement a termination in respect of all user accounts. If several Paperball services are being used, Paperball may limit the cancellation to just some of these services.

VI. Consequences of contract termination

The automatic renewal of your Paperball Premium membership is ended in the case of termination. The services and functions of Paperball Premium will then remain available to you until the end of the rest of the period for which you have already paid. If you also delete your account at Paperball during this period, Premium membership ends immediately with the deletion of your user account. A partial repayment of the membership fees already paid is not possible.

VII: Payment

Currently, Paperball Premium members may use the payment methods offered by Stripe, our payment provider (https://stripe.com/de).

VIII. Reachability of the user

You must ensure, through the establishment of appropriate access arrangements, that you receive notifications relating to this contract. This obligation is fulfilled by providing your active, regularly used, email address.

IX. Responsibility for Minors

In the event that parents or guardians agree to the use by minors of Paperball services requiring registration, they accept their responsibility for the online behaviour of minors, for access control and for the consequences of misuse of Paperball services by minors. Parents and guardians acknowledge that they are aware of the fact that Paperball includes links to content, services and products that are not suitable for use by minors.

X. Granting of rights by Paperball

Copyrighted content, services or products of third parties that Paperball makes available, or that the Paperball website refers to, may be used only within the terms of the licences granted by third parties or expressly granted by Paperball.

XI. User Content

Paperball offers the possibility of making content (e.g. comments) publicly available and sharing it with other people (e.g. via e-mail, Twitter, Linked-In or Facebook).

The public presentation of your content may be regularly combined with advertising for goods or services from Paperball or third parties. In this case, Paperball is entitled to publish your content in conjunction with advertising.

1. Accessibility

It is not possible for Paperball to exert influence on data communications outside its own infrastructure. It therefore has no obligation to ensure full-time accessibility or a successful transfer of information to or from the device that is requesting the content. Paperball shall therefore not be liable for any harm caused by the fact that access to your content is interrupted or that data you have entered is lost.

2. Responsibility

You yourself are solely responsible for your content. Paperball does not embrace it.

3. Publication of content

To allow Paperball to make the content you have entered publicly available and to ensure the maximum number of views, Paperball requires the following authorization. This is limited to the purpose of publishing and promoting your content, and extracts therefrom, within or in connection with the Paperball service selected by you or third party networks (e.g. Facebook).

By entering content for inclusion on a publicly accessible area of ​​a Paperball service, you authorize Paperball, through the grant of a global, free, perpetual, non-exclusive, content unlimited right, including the right to grant sub-licenses to it, to reproduce, transmit, make available to the public, display, edit, quote, include in collections and emails, and distribute the contents and extracts therefrom. This authorization also includes the dissemination and making available for mobile-capable devices of the content and contributions by mobile radio through WAP, MMS, SMS, I-MODE and other comparable display formats that are used in mobile communications, whereby the contents are processed and prepared for presentation on different user devices.

4. Blocking and deletion of content

Paperball has the right to reject content that you have entered. If there are reasonable indications that content violates any applicable laws, these GTC or the Paperball online Etiquette (Paperball rules for publishing content and communicating via Paperball services), especially in the case of warnings from supposedly injured parties that are not obviously unfounded, Paperball reserves the right to block any such content. In particular, Paperball reserves the right to remove the contents as a result of an official request or court order.

XII. Further responsibility and obligations of users

In addition to the conditions laid down in these GTC, you must in particular observe following rules when using Paperball services.

a) All applicable laws are to be obeyed; particularly child protection legislation, regulations to protect intellectual property and regulations for the protection of the general right to one's individual sphere of life (including privacy, good name, physical integrity, health, freedom of action). The use of copyrighted works without permission from the author or holder of the exploitation rights is prohibited.

c) Paperball services may not be used for retrieving or distributing immoral or illegal content.

d) Paperball services may not be used to incite others to commit or participate in crimes. Instructions for committing crimes may not be given or published.

e) Personal data (e.g. name, address, e-mail address, phone number) that are exchanged are to be kept confidential, unless the person concerned has agreed to a disclosure or publication.

f) Inter alia, no harassing, defamatory, obscene, racist, violent, discriminatory, pornographic or threatening content may be disseminated, published or expressed to others. Other people should be treated with a respectful approach and with consideration for cultural, philosophical and religious concerns.

h) The user must create a backup copy of any content entered.

i) No hacking is permitted. No viruses may be spread. The services may not be manipulated by scripts. The dispatch of unsolicited bulk messages (spam) is prohibited in any form.

XIII. Inactivity

To avoid Paperball unnecessarily storing the content that you have entered, although you no longer use the service, Paperball reserves the right to delete your saved content, after a period of 90 days of inactivity (no login to your customer space and no access to your customer space through a program or usage by third parties).

XIV. Exclusion of warranty / limitations of liability

Use of Paperball services is at your own risk. Paperball assumes no liability for the reliability and accuracy of information and advice that you receive through Paperball services, whether on webpages, by email or fax, in writing or orally, unless this has been explicitly agreed to. Paperball does not warrant that the Paperball services will be available at any time without interruption, in a timely, secure and error-free manner.

Paperball offers users the opportunity of using links to reach third party content (websites), goods and services. These may be subject to terms and conditions that differ from the Terms and Conditions applicable to this website. It is your responsibility to ensure that you have read and understood the respective term and conditions applicable to these websites. Paperball makes no warranty and accepts no responsibility for the content, goods or services supplied by others. You agree that any claims for dissatisfaction or problems with those should be asserted against the third party and not against Paperball.

Liability for undeserved official measures, labour disputes, acts of God, natural disasters or accidental damage is excluded.

In case of a fault-based liability, Paperball is liable only for the following cases:

a) loss of life, limb or health based on a negligent breach of duty of Paperball or an intentional or negligent breach of duty by a legal representative or agent of Paperball; or

b) damages based on a grossly negligent breach by Paperball or on an intentional or grossly negligent breach of duty by a legal representative or agent of Paperball; or

c) material breach of contract.

In the case of breach of contractual obligations due to slight negligence, liability is limited to damage that would be typically foreseeable.

Legal provisions that ensure that the liability of Paperball is even more limited than by the foregoing limitation of liability remain unaffected.

You declare yourself to be aware that Paperball services could not be provided in the offered form without the foregoing warranty disclaimers and liability limitations. The liability limitations set out in this contract also apply to the employees and agents of Paperball.

Without prejudice to the above provisions, your sole and exclusive remedy, if you are not satisfied with any part of the service or the webpages or with any provision of these conditions, is the termination of the use of the service and the webpages. If you are a paid Premium Member and cancel due to a violation on our part or for good cause, after granting us a 30-day remediation period, in which we could not remedy the violation, we will proportionately refund you any fees that you may have paid in advance.

XV. Changes to services, prices or the service provider

Paperball reserves the right to change or deviate from the Paperball services at any time, as long as it is reasonable for you considering the interests of Paperball. These GTC also apply to the amended services.

Paperball may change the price for the Premium Membership at any time. Paperball will give reasonable notice of any price change prior to the coming into force of the new prices by e-mail or any other appropriate means, such as, for example, a message on the website or by the usual members communication. A change in price by Paperball will only apply after the next renewal date of your membership. If you do not wish to continue your membership because of the new prices, you can cancel an extension under our cancellation rules (see Cancellation Policy).

Paperball is allowed to assign this contract to a company affiliated with Paperball.

In addition, Paperball is entitled to transfer all or some of the rights and obligations that arise for Paperball under the contract to another third party. In this case, you have the right to withdraw from the contract.

XVI. Changes in Terms and Conditions

Paperball has the right to change these GTC.

It is your responsibility to inform yourself periodically about changes in the GTC on the Paperball webpages.

Paperball will usually inform you via email about changes to the GTC. To this end, Paperball provides you with information about this on the bottom of the page www.Paperball.de by using the GTC link. The changed GTC are binding on you if you accept them. An acceptance of the amendment of the GTC shall be deemed to have been given if you do not object within one month after receipt of a notification of change.

Paperball will draw attention in the notice of change to the right of cancellation, the cancellation period and the consequences of not cancelling in time.

Unless it is otherwise specified in the change notice, should you cancel, the contract with you will end 2 months after the date of coming into force of the new GTC.