General terms and conditions
www.fakemyphone.es
- subsequent "Provider" –
and the occupants
- subsequent "User" or "You"
for these applications to close.
§1 Area of application, terminologies
(1) These applications (subsequent “Application” is an App that’s available for download. Furthermore, the application is among the current internet addresses.
(2) For the business connection between www.fakemyphone.es entrepreneurial company (subsequent referred to as "Provider") and the User apply following general terms and conditions in their respectively relevant version. Different conditions of the User will not be acknowledged, unless the Provider accepts the importance specifically.
(3) The User is a consumer, if the purpose of classified supplies and services cannot be attributed for someone’s industrial or independent occupation. Therefore, employers are every natural or judicial person or business partnership with legal capacity, who act at the conclusion of the contract in exertion of their industrial or independent occupation.
(4) The offered services are addressed exclusively to consumers. The use of the offered services for commercial purposes is not permitted. User, who have not reached the 18th year of life, are excluded from the use of this offered services.
§2 Object of agreement
(1) The Provider allows the User to make "funny" calls to recipients in the area of the private life of the User, in which the User is able to determine the source identifier, change voice or add sounds of the call freely. The User is able to use the application, e.g. for private events, such as the preparation for a marriage proposal, stag parties and other private surprises.
(2) The disposal of legally binding declarations about the application is not permitted. It should be specifically noted, that the evocation of errors at the receiver may have serious legal consequences for the User.
(3) If the User violates against the terms of use, the Provider reserves the right to assert claim for damages against the User.
§3 Responsibilities of the Provider / Call Transmission
(1) The Provider prepares the possibility for User to make calls worldwide and to interject the call in a telecommunication network.
(2) The User is aware that the provision and quality of call services in the reception and the transmission range of the telecommunication network used at certain times and certain places (such as for technical reasons or due to necessary maintenance and repair work) may be affected.
(3) The Provider agrees, therefore, only to pass the call to the operators of a telecommunications network, which takes over the further transmission. The further submission is the sole responsibility of respective telecommunications network operators.
§4 Responsibilities of the User
(1) The User is responsible for the content and the effect of the calls which were placed by him. The User may not abuse the services of agency, in particular, no spreading of immoral or distribute illegal content, no offending against criminal law or regulation to protect young people and no violating to any rights of third persons.
(2) The User is bound to refrain from making calls with the application, if the User cannot exclude that there won't be an adequately causal damage to the recipient or the third party by making calls.
(3) The User is still bound to collaborate proactively to the investigation of an error and to abandon the development of damage to the recipient or a non-involved third party in advance.
(4) In case that the Provider will be claimed, due to shipping of a call by the receiver of the call or a third party, the Provider will discharge the User in the internal relationship.
(5) The User may not use automatic processes, e.g. the use of a program, script or other manipulations of the website or the therein containing JavaScript programs.
(6) The User is solely responsible for maintaining the confidentiality of his username, password and personal pin, and agree to pay for all services charged to his account using password or pin whether or not have authorized such use.
If he believe that his Account, Username, Password or PIN are being used in an unauthorized manner, he agree to contact the Provider within one calendar day so that appropriate action can be taken to modify the Users Account.
Please be aware that account information will be sent to the email address that the User provided to the Provider. Therefore, he should use a secure email address. The Provider is not responsible for the actions of any person that accesses that email account.
Please note that the User is responsible for any and all charges to his account and the Provider cannot be held responsible for fraudulent charges that result from theft or fraudulent use of credit card, password or PIN.
(7) The User may not use the recording capability of the Provider unless the User have determined that use is legal. Before recording any call, he should check the laws of his state and the laws of any state in which a person are calling is located in order to determine if he need the other party's permission to record a call.
Even if his state only requires the permission of one party, he may make calls to or receive calls from people located in states that require the permission of both parties to record a call. If the User record such a call without the knowledge and permission of the other person, he may be subject to criminal prosecution in the other state.
(8) The User shall not transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
§5 Charges / Term of payment
(1) The charges for transmission of placing calls can be seen in the respective price list and price marking. The Value Added Tax (VAT) is included in the price.
(2) In case of using the application over the internet address, the User is able to make the payment via PayPal or via the payment service www.sofort.de. In case of using the downloaded application the User is able to make the payments with the In App Purchase.
(3) Ownership of Account recognizes the person whose name is listed on the Account as the sole owner of the Account, even where payment on the Account is made using the credit card or PayPal account of a parent or other person.
§6 Liability
(1) Claims of the User for damages are excluded.
(2) In addition, the Provider closes its liability out.
Cancellation consequenses
In the event of a valid revocation of this agreement each party shall return to the respective other party the benefits received. Can you give us the received performance whole or just in parts, only in a declined condition you have to pay compensation for the lost value. This can cause you to achieve your contractual payment obligations for the period up to cancellation. Obligations to restitution payments have to be fulfilled within 30 days. The time limit begins for you when you send us your cancellation notice, and for us at receiving. Your right of cancellation expires prematurely, if the contract is fulfilled by both parties at your specific request, unless you have exercised your right of withdrawal. End of revocation instructions.
§8 Details for the data processing
(1) The Provider may charge for the provision of services through the continued execution of the customers data. He considers though the relevant data protection legislation, in particular the Federal Data Protection Act and the Telemedia Act. Without the agreement of the customer, the Provider is going to collect, process or use the supplier inventory and usage data, as appropriate for the execution of the contract.
(2) The following information are collected:
Inventory data
- email address of the User
- device ID of the sent mobile phones (if existent)
- payment data
usage data
- addressor and recipient numbers
- date and time
- content of the call (if existent)
- IP-address of the sending computer (if existent)
The Provider engage to delete immediately the usage data after execution of the internal business processes (e.g. the invoicing practice). This excludes sucht data or rather constituent parts of such subject to the statutory requirements for longer retention periods (e.g. GoBS). The inventory data will be deleted after the final processing of usage data, or after a period of inactivity of 4 weeks. Unless there are long safekeeping periods.
(3) This website uses Google Analytics, a web analytics service provides by Google, Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how Users use the site. The information generated by the cookie about your use of the website will be transmitted to and stored by Google on servers in the United States. In case IP-anonymisation is activated on this website, your IP address will be truncated within the area of Member States of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases the whole IP address will be first transferred to a Google server in the USA and truncated there. The IP-anonymisation is active on this website. Google will use this information on behalf of the operator of this website for the purpose of evaluating your use of the website, compiling reports on the website activity for website operators and providing them other services relating to website activity and internet usage. The IP-address, which your browser conveys within the scope of Google Analytics, will not be associated with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.
§ 9 Consent
The User agrees that the Provider disposes the stored information of calls to the recipient of the call or their legal representatives in the case of protection of justified interests or due to official order in the database of the Provider in connection with the dispatch of the call according to § 8 paragraph 2 of the General Terms and Conditions.
