General terms and conditions
Last updated: May 2022
We, Flying Spoon GmbH ("Flying Spoon") welcome you, the "user", to help you create and manage digital content ("user content"). content. We provide you with access to certain content and services through the website of our platform (the "website"). What this includes is defined defined in detail below.
In summary, we call this an "agreement".
If you do not agree with any of these terms, you must not use the website.
User accounts and authorisation
A user account ("account") is required to access and use the content and services. To create an account, you must provide an email address and a password. You are solely responsible for the confidentiality of your account and for any use, misuse or communication through the Website that occurs through your account. You will notify us immediately if a password or account needs to be deactivated. Flying Spoon will not be liable for any loss or damage caused by unauthorised use of your account.
By registering an account you represent and warrant that
- all registration information submitted by you is true and correct;
- you will maintain the accuracy of this information;
- you are 18 years or older; and
- Your use of Flying Spoon content and services does not violate any applicable laws or regulations in your jurisdiction. Your profile may be deleted and your membership terminated without warning if we believe you are under 18 years of age.
By registering for an account, you expressly agree to receive promotional content from Flying Spoon by mail or email from time to time. from time to time. If you provide Flying Spoon with your telephone number at any time during your use of the services, Flying Spoon may call you or send you promotional SMS messages from time to time. If you do not wish to receive such promotional content / messages, you may notify Flying Spoon at any time.
Contents and services
Subject to full compliance with the terms of this agreement, Flying Spoon grants the user access to certain content and services. For the purposes of this agreement, content includes, but is not limited to, campaign templates, game templates, graphics, images, animations, text, forms and audio files ("content"). Services include, but are not limited to, campaign set-up, content editing, execution of the campaign, content hosting and campaign analysis ("services").
Flying Spoon may, in its sole discretion, temporarily or permanently, add, modify, discontinue or suspend any content or services at any time, without notice and without liability to you. add, change, modify, discontinue, remove or suspend. Such additions, changes or modifications may change or delete the nature of the features or other aspects of the Site, including the features upon which you may rely. You hereby agree that such activities may occur at Flying Spoon's sole discretion and that Flying Spoon's continued use of the Site is conditioned upon your full acceptance of any such of such additions, changes or modifications.
Fees / Costs
You can sign up for a free account ("trial account") to access basic content ("limited content") and use basic services ("limited services") for trial purposes. ("limited services") for test purposes. After registration, we will send you a confirmation of registration with instructions on the requirements for activation. are required for activation.
To access advanced content ("Basic, Professional, Ultimate Services") and use advanced services ("Basic, Professional, Ultimate Services"), you must have an enterprise account ("enterprise account"). To create an Enterprise account, you must contact the Flying Spoon team.
Our services are provided to companies in the form of platform licences. The amount of the licences and fees for each type of account can be specified in writing as a binding offer.
Asset- und Template- und Airtimecosts
You can also purchase custom graphics and templates through us by contacting us. The cost of custom graphics may vary depending on your requirements. A separate quote from us is required for this.
When you sign up for a business account, purchase additional hosting services or purchase custom graphics or templates, you agree to allow our third-party providers to store your payment card information. You also agree to agree to pay all fees charged to your account based on Flying Spoon's then-current fees and billing terms, as set forth on the applicable pricing page. as indicated on the applicable rate quote. If you have a credit balance on an account, you agree that Flying Spoon, and you hereby authorise Flying Spoon to debit such unpaid charges from your credit card or other payment method accepted by Flying Spoon or charge you for these unpaid fees or any other applicable fees.
If you fail to pay any amount due on time or if Flying Spoon is unable to charge your credit card or other payment method for any reason, Flying Spoon reserves the right to, in addition to any other rights or remedies Flying Spoon may have, to either immediately suspend or terminate your access to all or part of the site, content and services.
All payments to your account must be made from a source for which you are the named account holder. Flying Spoon shall not be liable for any loss, arising from the unauthorised use of your credit card or other payment method by a third party in connection with your use of the Site, the Content or Services or the use of your account.
Flying Spoon reserves the right to change its fees and billing methods at any time. Any changes to fees or billing methods will be sent as an email to our customers. Your continued use of the content and services after the changes take effect, without written confirmation, means that you accept these changes. If Flying Spoon changes its prices, you will be charged the new prices according to the new pricing system from the beginning of the next billing cycle (monthly or annually) after the new price takes effect. In the event of changes to our prices, outside of those contractually agreed, we will inform you in good time.
You assume full responsibility for all taxes and fees of any kind related to the services. Flying Spoon is required to collect European Union VAT ("EU VAT") from non-taxable EU clients, therefore EU VAT will be charged to these clients in addition to our fees.
Ownership of content and services
All content available on the Site and all derivative works based thereon (collectively, the "materials") are the property of us or other parties, who have licensed their materials or services to us, and are protected by copyright, trademark, trade secret and other intellectual property laws. All Flying Spoon trademarks and service marks, logos, slogans and taglines are the property of Flying Spoon. All other trademarks, service marks, logos, taglines and slogans are the property of their respective owners. Unless otherwise expressly stated herein, nothing contained herein shall be construed as granting any license or right to use any trademark, service mark, logo, slogan or tagline, displayed on Flying Spoon without our express written permission or the express written permission of a third party using the trademark, service mark, logo, slogan or tagline. who may own the trademark, service mark, logo, slogan or tagline.
Subject to this agreement, Flying Spoon hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the materials to the extent, and only to the extent, necessary to use the services in accordance with the terms of this agreement.
This licence does not permit you, and you hereby agree, not to store, copy, reproduce, republish, modify, upload, post, translate, rent, lease, loan, sell, distribute, transmit, display, decompile, reverse engineer, decrypt or otherwise attempt to discover any program code or source code code used in or with the Materials, or otherwise distribute the Materials in any manner, except as expressly permitted in this agreement. expressly permitted. You may not sell, assign, sublicense, grant a security interest in, or otherwise attempt to acquire any rights in the materials, in whole or in part. otherwise attempt to transfer any rights in the Materials, create derivative works based on the Materials, or in any way commercially exploit the Materials, except as expressly permitted in this agreement. commercial use, except as expressly permitted in this agreement. Any use of the Materials for any purpose other than as expressly permitted herein or without our expressly permitted herein or without our prior consent or the prior written consent of our licensors is expressly prohibited. We reserve all rights not expressly granted in this agreement.
Ownership of user media
You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, uploaded, posted or stored in connection with your use of the services ("user assets"). Flying Spoon is not responsible for your user assets. You hereby grant Flying Spoon a worldwide, royalty-free, non-exclusive license to host and use the user assets, to provide the services to you, and hereby represent and warrant that you have all necessary rights to grant us this license. You are responsible for all User Assets that are lost or unrecoverable because of your use of the services.
It is recommended that you archive your user assets regularly and frequently.
For this purpose, your data can be exported and backed up locally at any time.
Comments and feedback
Any questions, comments, suggestions, ideas, feedback or other information you provide to us ("comments") are non-confidential, and you hereby grant us, in our sole discretion, a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use the comments as we see fit, for any and all commercial and/or non-commercial purposes.
Monitoring what you provide to us
Within the framework of the GDPR, Flying Spoon is entitled, but not obliged, to monitor and secure. We may disclose any information that is necessary or appropriate to comply with our legal obligations, to protect Flying Spoon or its customers, or to operate the Services properly. Flying Spoon may, in its sole discretion, refuse to post, remove or remove from the Services, in whole or in part, any user content. User content, in whole or in part, that is alleged to be unacceptable, undesirable, inappropriate or in violation of this agreement.
For our customers, we have DPAs (Data Processing Agreement) and TOMs (Technical and Organisational Measures) as annexes to our contracts, in which all measures to be fulfilled are described.
Copyright Complaints Policy
If you believe that materials infringe your copyrighted work, you may send us a notification of claimed copyright infringement at copyright infringement at firstname.lastname@example.org.
You agree to all the following:
- You will not use the content or services for any unlawful purpose or to conduct any unlawful activity, including, but not limited to fraud, embezzlement, money laundering or insider trading.
- You must not use the services or materials to impersonate any other person.
- You may not directly or indirectly imply or state that you are affiliated with or endorsed by Flying Spoon without our express written permission. affiliated with or endorsed by Flying Spoon.
- You must not send unsolicited messages (also called junk mail or SPAM) to promote user content.
- You may not upload, post, email, transmit or otherwise make available to Users any user assets or initiate any activity that contains software viruses, worms, trojans or other computer code, files or programs that could interrupt, destroy or limit the functionality of any interrupt, destroy or limit the functionality of the content or services or that could impair a Flying Spoon User's ability to access the content and services.
- You will not access the Services through automated methods. The services may only be used or accessed through an electronic device by manual control at any time.
- You will not attempt to access the content or services by any means other than through the interfaces provided by Flying Spoon.
- You will not attempt to override any security component included in or underlying the content or services.
- You will not post user content or links to user content, i.e.:
- Pornographic, sexually explicit or violent.
- Illegal (including stolen, copyrighted material and material that infringes another's intellectual property rights or threatens to infringe).
- Are reasonably likely to be harmful or reasonably likely to be regarded as defamatory or libellous.
- Violates someone else's privacy.
- You will not post content that is spam, mechanically or randomly generated and/or contains unsolicited or unwanted commercial content that is intended to drive traffic to or improve the search engine rankings of third-party websites or engage in any other unlawful activity (such as phishing) or mislead recipients as to the source of the material (such as spoofing).
- Flying Spoon may, at its sole discretion, determine whether an account violates any of these policies. Violation of any of these policies may result in User information being tracked, with such information being stored, to identify the offending user. Offending Users may be permanently prevented from maintaining an account or using the services. If Flying Spoon reasonably determines that your account is being used for illegal or fraudulent activity, your account may be immediately terminated and Your financial information deleted. We may also report you to law enforcement authorities in the relevant countries.
- Flying Spoon may terminate the services at any time, without penalty and without notice, if you fail to comply with any of the terms of this agreement or the intellectual property protection applicable to these services.
- The services can be terminated by us at any time without giving reasons.
- The services may be terminated by you based on the termination terms of the licence and use agreement.
- Notification of termination of services by Flying Spoon may be sent to the contact email associated with your account. Upon termination, Flying Spoon has the right to delete any data, files or other information stored in your account.
Third-party sites; Third-party services; No implied endorsement
The website may contain links to other websites owned by third-parties ("third-party sites"). Please note that you, when you click on one of these links, you are visiting another website over which we have no responsibility or control. You may also have also have the opportunity to sign into accounts you have for services provided by third-parties ("third-party services") through the website, or link accounts for third-party services to your Flying Spoon account. Flying Spoon is not responsible for activities within the third-party services, even if they are third-party services, even if they are registered through or linked to a Flying Spoon account.
You agree that we are not responsible for any loss or damage of any kind incurred as a result of your use of any third-party website and/or third-party service. third-party services, whether or not you have been connected to or associated with any third-party website or third-party site or third-party services through the website or not. You acknowledge that third-party sites and third-party services are governed by the may be subject to the terms and conditions of the applicable third-party provider, and you are solely responsible for reviewing and complying with such terms and conditions. In no event shall any reference on the website to a third-party, a third-party website or a product or third-party product or service shall be construed as an approval or endorsement by us of such third-party, third-party website or third-party product or service provided by a third-party.
Disclaimer of warranty and limitation of liability
You agree that your use of the Flying Spoon website is at your own risk. To the fullest extent permitted by law, Flying Spoon, its officers, directors, employees and agents disclaim all warranties, express or implied, with regard to the site and your use of it. Flying Spoon does not warrant the accuracy or completeness of the content on the Flying Spoon website or the content of websites linked to the Flying Spoon website.
In no event shall Flying Spoon, its officers, directors, employees or agents be liable to them for any direct, indirect, incidental, special, punitive or consequential damages resulting from (I) errors or inaccuracies in the content, (II) personal injury or property damage of any kind arising out of your access to and use of our use of our website, (III) unauthorised access to or use of our secure servers and/or any personal information stored therein and/or other information, (IV) any interruption or cessation of transmission to or from our website, (V) any errors, viruses, trojans or the like transmitted to or through our website by third-parties, and/or (VI) any errors or omissions in any content or for any loss or damage of any kind of any kind arising out of the use of any content posted, emailed, transmitted or otherwise made available through the Flying Spoon website. The foregoing limitation of liability shall apply to the fullest extent permitted by the law of the relevant jurisdiction.
You expressly acknowledge that Flying Spoon shall not be liable for any user content or the defamatory, offensive or illegal conduct of any third-party and that the risk of damage or harm arising from the foregoing rests entirely with you.
Flying Spoon does not recommend the use of the website for hosting personal content and does not bear any security risks in relation to infringement or damage to user content.
Flying Spoon makes no representation that the Flying Spoon website is appropriate or available for use in all locations. Those who access or use the branded mini-games website or use it, from countries that prohibit such use, do so at their own volition and are responsible for compliance with local laws.
In the event of any problems with the site, content or services, you agree that your sole and exclusive remedy shall be, discontinue use of the site, content or services. Under no circumstances shall Flying Spoon, its affiliates or its licensors be be liable in any way for your use of the site, the content, the services or any user content available on or through the site, including, but not limited to, errors or omissions, infringement of intellectual property or other third-party rights, or for loss or damage of any kind arising out of or in connection with the use of the website, the content, the services, the materials or the user content on or through the Website or in connection therewith. Certain states and/or jurisdictions allow the exclusion of implied warranties or the limitation of liability for incidental or consequential damages, so the above exclusions may not apply to you.
You agree to defend, indemnify and hold harmless Flying Spoon, its directors, employees and agents from and against any and all claims, damages, liabilities, losses, liabilities, costs or debts and expenses (including but not limited to attorneys' fees) arising out of or in connection with and hold you harmless from and against any and all claims arising out of: (I) your use of and access to the Flying Spoon website; (II) your violation of any provision of this agreement; (III) your violation of any right of a third-party, including but not limited to a copyright, property or privacy right; or (IV) any claim that your user content has caused damage to a third-party. This duty to defend and indemnify and indemnification obligation shall survive the expiration of this agreement and your use of the Flying Spoon website.
You agree that: (I) the Flying Spoon website shall be deemed to be located exclusively in Germany; and (II) the Flying Spoon website shall be deemed to be a passive website that does not give rise to personal, specific or general jurisdiction over Flying Spoon in any jurisdiction other than Germany. This agreement shall be governed by the internal substantive laws of the Federal Republic of Germany, without regard to its conflict of laws principles. Any claim or dispute between you and Flying Spoon arising in whole or in part out of or relating to the Flying Spoon website, shall be decided exclusively by a court of competent jurisdiction located in Germany. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
You and Flying Spoon agree that any cause of action arising out of or relating to the Flying Spoon website must commence within one (1) year after the cause of action arose. Otherwise, that cause of action is permanently barred.
Conditions you must publish for promotions
If you use the services to collect and store information about your potential customers, such as email addresses, you are responsible for creating the terms and conditions of entry for any competitions or prize draws you run ("your promotion"). The terms and conditions for your promotion must, however, identify us as a third party beneficiary and include intellectual property, limitations of liability, limitations of remedies, disclaimers, and indemnification provisions, each of which shall inure to the benefit of Flying Spoon and be at least as favourable as contained in this agreement.
You agree to indemnify, defend and hold harmless Flying Spoon and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns from any and all liability, loss, claim, damages, expenses or costs (including, without limitation, attorneys' fees) arising out of or in connection with the use of, access to, interaction with, or reliance on, your user content, including the collection and storage of customer information.
- If any part of this agreement is found to be unenforceable, the remaining part shall remain in full force and effect.
- If we do not enforce one of these agreements, this is not considered a waiver.
- Any modification or cancellation of this agreement must be made in writing and published on our website.
- You may not transfer any of your rights or obligations under this agreement to any other person.
- All of our rights and obligations under this agreement are assignable by us in connection with a merger, acquisition or sale of assets, by operation of law or otherwise.
- This agreement does not grant any third party beneficiary rights.
- A printed version of this agreement and all related notices in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally as other business documents and records originally prepared and maintained in printed form.