www.seboom.com is an internet offer which enables people to learn beatboxing online.
Contractual partner and responsible person is:
seboom
Thomas Rieder, Ivory Parker, Andreas Walch
Obere Bahnstraße 51a
8010 Graz
Austria
The following General Terms and Conditions (GTC) apply to all legal transactions and legal relationships between seboom, Steyrergasse 89a, 8010 Graz, Austria (provider), and the users of the online offer www.seboom.com (user).
The provider expressly declares that only contracts on the basis of these GTC will be concluded. Other GTC, contract forms and conditions, especially those of the user, are not valid.
The provider also points out that, if online services are provided by cooperation partners, their General Terms and Conditions shall take precedence.
Gender-specific designations used in these General Terms and Conditions apply equally to the female and male form.
There are no verbal collateral agreements.
You can also send any complaints to the following e-mail address: office@seboom.com
2.1 With www.seboom.com (platform), the provider offers the user information about beatboxing, which is provided in the form of videos and other media. Parts of this content are freely accessible to everyone, whereby the General Terms and Conditions also apply to this freely accessible content. The user must register to access certain content. By accessing the content or registering at www.seboom.com, the user accepts the validity of the General Terms and Conditions.
2.2 The provider is free to design the content and can change, restrict, expand or completely discontinue the platform and the associated services at any time. The provider is also entitled to have the service provided by third parties at the provider’s own discretion. The provider may also transfer the rights and obligations under this contract in full to third parties (transfer of contract).
2.3 The provider will eliminate disturbances and impairments which constitute a considerable impairment of the use of the service as quickly as possible and will endeavour to eliminate insignificant impairments within a reasonable period of time. The provider will endeavour to keep the service accessible at all times. However, the user has no claim to the platform being permanently available or otherwise available in a certain form or being free of disruptions. The provider assumes no liability whatsoever in this respect.
2.4 The platform is not directed at persons in countries that prohibit the presentation or the calling up of the contents contained therein. Each user is responsible for informing himself about any restrictions on the use of the platform before calling it up and for complying with these restrictions. In particular, users from such countries may not assert any claims against the provider. Users shall indemnify and hold the provider harmless for any claims of third parties arising from the retrieval of the contents of the platform.
2.5 Seboom creates the information and data that are published on the platform with great care. However, the provider assumes no responsibility – neither explicitly nor implicitly – for the accuracy, completeness, reliability, timeliness and usefulness for the user of the retrieved contributions.
3.1 Nutzer können sich kostenpflichtig zu unterschiedlichen Arten der Mitgliedschaft bei der Plattform (jeweils, ein Produkt) anzumelden. Users can register for different types of membership on the platform (one product at a time) for a fee. By logging in (also: registering), the user becomes a member of the platform and gains access to paid services.
3.2 As a member, the user receives content primarily in the form of video streamings and downloads.
3.3 If a user wants to purchase a product, he clicks on the button provided in the order process and is forwarded to the payment service provider. The contract is concluded with the sending of a confirmation email by the provider.
After the payment has been processed, the member will receive an e-mail with the usage data. This usage data is confidential and may not be passed on to third parties.
The contents are provided in online form. The provision begins on the day the contract is concluded.
3.4 The provider announces the current conditions for memberships on the platform and reserves the right to change these conditions at any time.
The indicated prices include the Austrian sales tax, if the member is resident in an EU member state. If the location or habitual residence of the member is not in the EU, the provider reserves the right to separately charge the sales tax in addition to the indicated prices to this member.
3.5 If a direct debit fails (e.g. because the member’s account did not have sufficient funds), the payment service provider may levy return debit charges. The provider will pass on these return debit charges to the user. If the payment is not made in due time, reminder fees will also be charged.
3.6 All mentioned rights and obligations for users apply accordingly also to members.
4.1 In the case of annual contracts, the membership is automatically extended by 12 months unless one party terminates the contract at least 1 day before the end of the contract. For monthly contracts, the membership is automatically extended by one month unless one party terminates the contract 1 day before the end of the month. The termination can be made on the platform under the menu item “My profile” under the item “Subscription” or can be made in writing. In the case of written notice of termination, however, an e-mail must be sent to office@seboom.com at least 5 days before the end of the contract.
4.2 The right of the parties to terminate the contractual relationship by extraordinary termination for good cause remains unaffected. A good cause shall be deemed to exist if one of the parties breaches essential contractual obligations, for the provider in particular if
4.2.1the user substantially breaches his obligations;
4.2.2 it is not possible to charge the member’s credit card or account or the user defaults on his payments for other reasons; or
4.2.3 the user provides false, inaccurate or incomplete information about his person, or the provider has reason to believe that such false or incomplete information has been provided, and the user does not provide the correct information even after an appropriate deadline has been set by the provider.
4.4 If the member is in default with at least 2 monthly fees, the provider is entitled to terminate the contract immediately and to make all payments still to be made due. If a direct debit cannot be executed within these two months, the provider will make at least two further attempts to collect the fee. The member shall bear the bank charges for the return debit, the renewed attempts to debit and the expenses of the provider.
5.0 Access data / browser support
5.1 To gain access to certain contents and offers, the user must register by entering the requested data in the corresponding online form. Afterwards, the user must define and enter a user name (e-mail address) and a password. The user can choose his own user name and password. The authorization is not transferable and applies only to the user personally. The user himself is responsible for keeping the user name and password secret. If the member passes on the user data in any form, this represents a serious breach of contract, which entitles the provider to immediately dissolve the contract. In this case the provider will not refund any fees already paid by the member.
5.2 In order to achieve ease of use and the highest possible level of data security, only the three most recent program versions of the most common Internet browsers are supported for the use of the content. Users with older browser versions are recommended – also in the interest of their own data security – to update to a more recent browser version.
6.1 Users may only use the platform for their own private purposes. The user undertakes not to use his access to the service in an illegal manner or otherwise in contradiction to applicable legal provisions or provisions of the General Terms and Conditions, to take into account the recognized principles of data security, to observe the obligations of the data protection agreement and to check outgoing e-mails and queries to the provider or customers for computer viruses with the greatest possible care.
6.2 The provider reserves the right to investigate any suspicion of misuse or significant breaches of contract by the user, to take appropriate measures and, in the event of justified suspicion, to block the member’s access to the content – at least until the suspicion has been cleared by the member – and/or to terminate the contractual relationship in the event of significant breaches. If the suspicion can be cleared by the user, the provider will lift the block again.
6.3 The user shall be liable to the provider for any damage that the user has caused the provider from breaches of duty.
7.1 All contents of the platform are the sole intellectual property of the provider and are subject to copyright protection. This includes, but is not limited to: contributions, documents, articles, photos as well as the software underlying these media, the source code and the object code.
7.2 The user is entitled to use the provided contents for private purposes. The downloading as well as the temporary storage of documents is permitted for private purposes. The printing of web pages or documents is also only permitted for private and personal information purposes. The user is explicitly not allowed to pass on the documents to which he has been granted access to third parties. The storage and/or archiving of videos made available online is prohibited.
7.3 The prior written consent of the provider must be obtained for all other uses. This includes, but is not limited to: use or reproduction for commercial purposes, transfer to third parties or processing by third parties for their own or third-party purposes or for public reproduction, translation, editing, arrangement or other reworking of any content.
In individual cases, extended usage options can be purchased from the provider. In this case, the provider reserves the right to refuse the permission of extended usage possibilities at his own discretion and without giving reasons.
7.4 The user may not remove copyright notices, trademarks and other legal reservations in downloaded documents. He is obliged to ensure that the authorship is acknowledged.
7.5 In addition to the content itself, the didactic structure and the notation are the intellectual property of seboom and as such are expressly included in the above provisions. The word and image trademark seboom is protected throughout Europe.
7.5 In case of violation of the obligations mentioned in points 7.3 to 7.5, or other violations of the provider’s rights to the content by the user, the user is liable to the provider for the damage incurred.
8.1 All claims of the user for damages for slight negligence of the provider and his vicarious agents (including representatives) are excluded.
8.2 The amount of liability of the provider is limited to the fees already paid by the respective user..
8.3 The restrictions in points 8.1 to 8.2 shall also apply in favour of the provider’s vicarious agents if claims are asserted against them.
8.4 The provider cannot determine or influence the transport of data via the internet. Therefore, the provider does not guarantee whether the dial-in process via the Internet is guaranteed for the user at all times or whether data and content reach the user correctly. Furthermore, the provider does not guarantee a specific transmission speed for data exchange.
8.5 The provider shall not be liable for malfunctions resulting from the fact that the user’s computer has defects, that communication paths from the user to the server are interrupted or defective, or that the user name and password are misused. The provider also assumes no liability for data security outside of his area of control.
8.6 The provider offers his service on the basis of the current technical, legal and commercial framework of the Internet. The provider endeavours to make the platform and its contents available 24 hours a day and 7 days a week. However, the provider assumes no liability for constant availability.
8.7 The user shall be liable for all consequences and disadvantages incurred by the provider as a result of misuse or illegal use of the service or as a result of the user’s failure to comply with his other contractual obligations (including, but not limited to, the obligation to keep the password secret). The user shall indemnify the provider from any claims or demands of third parties which are due to violation of rights by the user or due to content created by the user, including reasonable legal prosecution and attorney’s fees. Furthermore, the user undertakes to support the provider in the defence of such third-party claims.
9.1 All content that is placed on the website by users is the sole responsibility of the user who created the content. This includes, but is not limited to: Information, photos, text, graphics, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles and other material.
9.2 The provider assumes no liability for the truth, content or quality of any content placed on the platform by users.
9.3 The provider enables the transmission of content within the community. In doing so, he acts exclusively as a passive intermediary and expressly assumes no obligation or liability for content created by users or other processes within the community.
9.4 The provider reserves the right to remove content without prior notice and to exclude individual users from using the community. The user has no right to remove content created by other users or have this content removed.
9.5 The user has the right to use the community and create content only provided that:
9.5.1 the user provides only true and non-misleading information in his profile and in his exchanges with other users
9.5.2 the user himself ensures that the public reproduction of the contents transmitted by him is permitted within the community.
9.5.3 the user observes the applicable laws and all rights of third parties when using all community functions. In particular, the user is prohibited from using insulting, degrading or slanderous content and from making the same kind of statements – regardless of whether this content affects other users, other persons or companies -, to use pornographic content, content that glorifies violence or violates youth protection laws, or to advertise, offer or distribute pornographic products, products that glorify violence or violate youth protection laws, to harass other users unreasonably (especially through spam), as well as to use legally protected content (e.g. content protected by copyright, trademark, patent, design patent or utility patent law) without being entitled to do so.
9.5.4 the user refrains from the following harassing actions, even if they do not specifically violate any laws: sending chain letters, carrying out, advertising and promoting pyramid sales activities, any commercial activities and any offensive or sexually oriented communication (both explicit and implicit).
9.6 If the user does not follow the community guidelines, the provider is entitled to terminate the user’s participation in the community or temporarily block the user’s access to the community at his free discretion.
9.7 All postings within the community are public and expressly not private. The provider reserves the right to moderate the community in order to verify compliance with the community guidelines.
10.1 The user agrees that his personal data, namely name, date of birth, address, e-mail address, IP address, telephone number, [company and payment data (bank account, credit card)] are collected, electronically processed and stored by seboom.com for the purpose of processing the contractual relationship, namely in particular the use and billing of services provided by the platform, the sending of e-mails with references to new content or events and the issuing of invoices. This consent can be revoked at any time by contacting seboom.com by e-mail to office@seboom.com. The user also has the possibility to retrieve his stored profile data via the link “My profile” and to change or delete it.
10.2 As soon as the revocation takes place, the user is no longer able to use telemedia from seboom.com in the login area. The user further acknowledges that the provider will also forward and disclose his name, date of birth, address, e-mail address, telephone number, [company and payment data (bank account, credit card)] in the course of the execution of this contract to his partners, legal representatives, tax advisors [OTHER RECIPIENTS] for the execution of this contract, as all of these data are necessary for the fulfilment of the contract by the provider.
11.1 The provider has the right to exclude a user from access to contents requiring registration if there are important reasons for this. This is particularly the case if the user continues to violate essential provisions of these General Terms and Conditions despite a warning, or if the user commits misconduct directed against a third party by using the provider’s offer or payment systems for illegal purposes or for purposes that are a nuisance to third parties.
12.1 The provider is entitled to delete the access and all related data of the customer after a period of 6 months of inactivity after a query with a period of 4 weeks. This inactivity exists if no login is made to the platform during this time. After deletion, the user name of the customer will be released for use by other customers.
12.2 The provider is entitled to permanently delete the access for user registrations with disposable e-mail addresses from his database at any time.
13.1 The provider uses different kinds of cookies to continuously improve his website and services. These cookies include but are not limited to content-sharing cookies, session cookies, third-party cookies (e.g., from Google Analytics), Flash cookies, pixel tags (also called transparent GIF file or web beacon), web storage space (also called HTML5 memory), and other similar technologies (collectively, “cookies”). By agreeing to the General Terms and Conditions, the user also expressly agrees to the use of cookies.
14.1 All disputes arising from or in connection with a contractual relationship subject to these General Terms and Conditions shall be governed exclusively by Austrian law. This expressly excludes UN sales law as well as any standards that lead to the application of a law other than Austrian law.
14.2 Exclusive place of performance is Graz, Austria. The courts having jurisdiction for Graz are agreed as the competent courts.
14.2 Even if individual points are legally ineffective, the remaining parts of the contract remain binding. The contracting parties undertake to agree on a valid provision that comes as close as possible to the invalid provision(s).
14.3 The provider is entitled to change these General Terms and Conditions at any time, e.g. to include new or amended services in the General Terms and Conditions. The provider is obliged to inform the user about the change in good time. The change is considered approved by the user if he does not object or terminate the contract within one month after the announcement of the change. In the event of the user’s objection, the provider is entitled to terminate the contract in due time. In the notification of the changes, the provider shall point out the possibilities of objection and termination, the deadline and the legal consequences – in particular with regard to an omitted objection. With the announcement of change the user receives the ordinary notice of termination by the provider, which is subject to the suspensive condition that the user objects to the change.
14.4 This agreement, our data protection agreement and the cookie policy will be amended from time to time. If we make significant changes, we will notify you through our services or otherwise so that you have the opportunity to review the changes before they become effective. We accept that changes cannot be made retroactively. If you do not agree with any changes, you can close your account. Your continued use of our services after we post or notify you of changes to these terms will mean that you accept the updated terms.