General Terms and Conditions
1. General
K2 Interactive GmbH (hereinafter Qeep) provide their customers (hereinafter also users) free and fee-based services (hereinafter products or services) in the area of mobile communications, particularly in the field of mobile data services and content, based on the following general terms and conditions. The terms and conditions regulate the contractual relationship between Qeep and the individuals who use the services from Qeep, i.e. these terms and conditions regulate your rights and duties regarding the services offered by Qeep. The terms and conditions also apply for content which the user sends or publishes/uploads on the Qeep platform as part of the mobile client application, the mobile browser version, or the Internet site of Qeep, for example in the form of e-mail, chat messages or other published content. Unless otherwise expressly stated, all new offers which enhance or improve the current services, including the offer of new services, are also subject to these terms and conditions.
By using the services of Qeep, you acknowledge and accept of these terms and conditions. If you do not wish to be bound by these terms and conditions, you may not use the services of Qeep! Differing conditions on the part of the user will not be part of this contract.
We are not a stationary or mobile Internet access provider. In order to use our services, you must have appropriate Internet access and the necessary abilities and permissions to use that access. It is up to you to create and ensure the technical requirements and the technical compatibility between your mobile telephone or computer and our service.
The use of the services and the download of the products are, depending on the service/product, only possible once the customer has provided the necessary information. This may be the mobile telephone number and type of mobile telephone or a free registration at www.qeep.de, www.qeep.net, or in the mobile client application.
The relinquishment by Qeep to exercise or carry out a right or clause of these terms and conditions does not represent a waiver of that right or respective clause.
Please note that additional terms may be applicable if you use on-line services, content from third parties, or third-party software.
You can view and print out these terms and conditions at any time via a link on our Internet sites www.qeep.de or www.qeep.net.
The headquarters and server location of Qeep is Germany. Qeep is officially registered in Germany. The German general conditions provide Qeep a reliably regulated financial and legal environment in which to offer on-line/mobile services to a wide audience.
All legal relationships between Qeep and the user are subject exclusively to German law and exclude the UN Convention on Contract for the International Sale of Goods. To the extent that the user is an entrepreneur, a legal person under public law or deals with special assets under public law, Cologne is agreed as the exclusive place of jurisdiction for any disputes which arise from these conditions of use and from contracts of which it forms a part. In the event of any deviations resulting from the translation, the formulation set forth in the German version shall prevail.
2. Provision of products
Qeep offers a variety of products in connection with the Internet and mobile telephones. This includes products such as virtual goods, texts, images, graphics, or other applications for download to mobile telephone or PC.
The user may access several products free of charge after registration. Other products are chargeable. For access to services and the use of various offers, including advertising, the normal connection rates of connection providers, e.g. the Internet or mobile-service provider, apply.
3. Registration and residence information
The use of the tele-services from Qeep requires registration. This registration is free, i.e. no registration fees are levied.
The user is obligated to provide the information required for registration truthfully and completely. Furthermore, the user is obligated to update this required information promptly and unsolicited in the event of changes. Should any of the information provided by the user in this connection be false, imprecise, out-dated, or incomplete, or if Qeep should have reason to suspect that this is the case, Qeep has the right to delete user accounts temporarily or permanently and to exclude the user from any use of individual or all services now and in the future.
Qeep cannot always explicitly and sometimes not at all check whether the user has provided correct information regarding his or her residence. As part of their equitable discretion, Qeep can use technologies which prevent access from a jurisdiction in which the use of our products is illegal or limited.
Should the user have provided incorrect information on his or her residence during registration, this is grounds giving Qeep the right to nullify the contractual relationship.
4. User account, access data, and security
After registration, the user will receive a password and an identifier for the user account. The user must ensure that the password and user account are not made accessible to a third party and must accept responsibility for all actions made under the user’s password or user account. On mobile telephones, the service will sometimes be available through automatic log-in. Therefore, the user must make sure that his or her complete mobile telephone is, as usual, secured by a PIN code or password in order to avoid access by third parties. Users with account credit should choose a particularly secure password in order to prevent unauthorised access.
The user is obligated to inform Qeep promptly of any improper use of his or her password or user account and of any other infringement of the security requirements. Qeep excludes and liability for losses or damages arising from the failure to meet the obligations in this section, i.e. Qeep is not responsible for damages to you arising from unauthorised persons using your account/log-in and Qeep accepts no liability for damages resulting from this unauthorised use.
5. Responsibilities, obligations of the user, and misuse
Qeep is under no circumstances liable for content, particularly not for any errors, inaccuracies, or incompleteness in connection with content or services and also not for losses or damages arising from the use of content or services which are published, sent by mail, or otherwise transmitted as part of the services.
As part of using the services, the user may not:
Improper behaviours on the platform offered by Qeep are forbidden. Misuse includes, but does not only consist of, the user failing to observe the above-named duties.
In the event of improper behaviour or the suspicion of improper behaviour, particularly those described above, Qeep is authorised to block or delete the user account and/or user without prior notice and/or to cancel the service contract without notice. The affected user must repay Qeep for any expenses resulting from this. Qeep is entitled to place a lien on balance amounts in the user account due to claims for damages against them by third parties and forfeited contractual penalties against the user.
Amounts which have been mistakenly credited to your user account remain the property of Qeep and will be automatically deducted from your account as soon as the error is discovered.
The user must assess and bear the risks associated with the use of content alone, including the risks arising from the user’s confidence that the content is correct, complete, or useful for his or her purposes. In this respect, the user acknowledges that he or she cannot trust in content created by Qeep or other users or made available to Qeep by third parties.
Qeep is entitled to check, change, save, and transmit content to third parties, so long as this is statutorily or according to best judgement necessary and legally permitted, in order to
6. Responsibility for Contents
The responsibility for all information, data, texts, photos, graphics, videos, messages or other materials („content“) which are generally published or privately sent lies solely with the person from whom such content comes. This means that the user and not Qeep bears the entire responsibility for any content which he enters, publishes, sends by text message or transfers in any other way in the context of the services. Qeep generally does not check contents which it passes on to the user through the services and therefore accepts no warranty for the correctness, reasonableness and quality of such contents. The user is aware that he may be exposed by the use of the services to a piece of content that is abusive, offensive or objectionable in other ways.
The users undertake not to publish, send or forward in the context of these service in any way any content which:
The user undertakes not to delete any legends or source data on the contents transferred. The user shall ensure that he has all the rights with respect to the publication of the contents provided and gives Qeep the unrestricted right in terms of territory, period of time and content to use and process the contents provided, as long as the contents are used in the publicly accessible areas of the services. This also includes the right to change, duplicate, transfer, publish and further develop as well as transfer the usage rights to third parties without any claim for remuneration. If the user himself is not the holder of the rights to content entered by him, he guarantees that the owner of the content has declared they are in agreement with the transfer of rights in accordance with the regulations above. Publication of the contents transferred by the user in another manner is permitted by him.
Qeep is only responsible to third parties for external content which is provided for use by a service offered by Qeep, if it has proven knowledge of this content, it is technically possible and reasonable to prevent its use and there is responsibility in accordance with general regulations.
The user indemnifies Qeep from any claims which third parties may enforce against Qeep on the basis of content transferred by the user for publication. Qeep reserves the right to defend against such claims in court. The user shall support Qeep in the defence of such claims, in particular by all information required for defence. The user is obliged to compensate for damages incurred by Qeep due to the well-founded claims of third parties. This includes the costs of legal prosecution.
Qeep reserves the right to remove contents used by the user as a matter of principle.
7. User Account, Access Data and Security
Users may use the functions and services of the platform operated by Qeep.
Temporary restrictions may occur due to technical failures such as interruptions of telecommunications, power supply, hardware or software malfunctions, or other external influences.
The user is in particular responsible for the actuality and suitability of the hardware (PC or mobile telephone) and software (browser and/or mobile OS) used. The same applies to the stationary or mobile Internet connection. Particularly for a mobile Internet connection, the user must ensure a stable and good mobile network connection for himself or herself, i.e. usage in rural areas, dense construction, or tunnels, for example, is not advised.
Maintenance periods will, when possible, be announced in advance. During maintenance, certain functions or the entire platform operated by Qeep are not be available.
8. User account for Credits
Qeep maintains a user account with so called credits for certain users. This is opened at no charge upon Qeep’s receipt of the opening payment and the successful completion of the registration process. The credit account can be used for the purchase of virtual goods, content and services, and services and offers by third parties. Furthermore. Deposited amounts can be used exclusively for virtual features, content and services as well as to pay any fees and provisions from Qeep . Participation fees and costs for purchasing virtual goods, features, content or services are deducted from the account.
The user account can receive payments from one person only. Qeep reserves the right to verify the compliance to this rule by checking the e-mail address, postal address, account or card numbers or the payment data of the account.
For existing Qeep members registered before launch of the new Qeep. By using the new services of Qeep, you acknowledge and accept following changes:
9. Payment
Payments to the user account are to be made properly and irrevocably. Only with receipt of payment to the account of Qeep can the user make use of the cost-based products and services and skill gaming.
Qeep is authorised, cancellable at any time, but not required, to accept payment via bank transfer, credit card, direct debit, or other procedure. With any direct debit instruction, the user authorises Qeep to collect the determined amount from the specified account. The user irrevocably agrees that, in the event that the debit is not honoured, his or her financial institution will inform Qeep (or a company authorised by Qeep to collect the claim) of the user’s full name, birth date, and address recorded there. The user also agrees that his or her financial institution will transmit the above-named data to Qeep (or a company authorised by Qeep to collect the claim) for the purpose of processing the debit and collecting payment and that they will be recorded there until settlement of the claim. Please be sure that you are authorised to use the credit card or bank account. You must also update your bank account or credit card information routinely in the event of changes.
The amounts, wagers, and fees are made available in the user account once they have been irrevocably received by Qeep and booked to the user’s user account. For deposits via bank transfer, the specification of the reason for payment must only state the purpose for which the user has transferred funds to Qeep. Qeep will strive to allocate and credit incoming payments immediately to the user account. Qeep is authorised, cancellable at any time, but not required, to allow the user to participate in matches or tournaments with monetary wagers prior to receipt of payment.
10. Free basic membership, paid services
The free service agreement allows registered users to use the basic functions of Qeep (basic user), particularly the representation of the data (image files / text files) intended for retrieval against other users, and the possibility, for example, of contacting other users via electronic messages within the (App) provided by Qeep for this purpose and to get to know them with mutual interest. Qeep owes no success in this respect, but only the provision of the technical services to enable Qeep to make contact. Any form of marriage or matchmaking is expressly not covered by the contract.
In addition to the free use of the basic functions, registered users have the possibility to claim additional services and features (services) from Qeep for remuneration. The nature, content, scope and prices of the available additional services can be found on the Qeep website or within the app’s description. The fees to be paid may entitle to a single or multiple use of a service, to use as a credit for one or more services, for time-dependent use (e.g., days, weeks, etc.) of services, or other forms of use. In addition to these terms and conditions, supplementary terms and conditions of the respective provider which provide the availability of the software for a specific operating system (e.g. Google Playstore), which also regulates the applicable payment modalities, apply to the fee-based additional services. The user must agree to the supplementary conditions before claiming the services in question, which results in a paid usage relationship. Insofar as the applicable supplementary terms do not contain any deviating regulations, all fees shall be due upon conclusion of contract.
The content and scope of the basic functions offered by Qeep and the additional paid services may be modified, restricted, extended or discontinued at any time due to continuous further development. If users have already paid fees for services that are subsequently restricted or discontinued or whose use is possible in the future free of charge, the user may require credit to other paid services or the repayment, if any, proportionate. Any further claims of the user are excluded.
11. Cancellation and Termination of Contract
The free basic user runs indefinitely and can be terminated by the user at any time, most simply by deleting the user account in the settings, alternatively by e-mail ([email protected]) or in writing (Qeep Community Support c/o K2 Interactive GmbH, Venloer Str. 47-53, 50672 Köln, Germany).
The ordinary termination of chargeable usage conditions is excluded if it is not a subscription. If the user subscribes to a subscription, this will automatically be extended depending on the period chosen, provided that the user does not terminate it within 24 hours’ notice of expiration. The termination of paid usage relationships has no influence on the existence of free basic usage and the use of the basic functions. In order to terminate the basic user, the user can delete or cancel his profile at any time in accordance with clause 5.1. With the termination of the basic use of payable usage conditions.
The cancellation of a subscription must be carried out in iTunes or the Google Play Store for a subscription which has been purchased or signed up for via iTunes or the Google Play Store. Qeep cannot carry out reversal charges/cancellation due to technical restrictions of these stores.
Subscriptions that have been signed up for via other payment providers can be canceled directly via the respective provider and in text form (by fax and email) or written form (by letter) with respect to Qeep. In the event of cancellation, the user must specify the email address of the user account, for which the subscription is active, otherwise allocation to the user account is not possible.
The right to extraordinary termination without notice for good cause shall remain unaffected and shall be governed by statutory provisions.
12. Commercial Use of Services
The user must not copy, duplicate, imitate, sell, sell on or use for commercial purposes of any kind his access to the services inasmuch as this is not expressly permitted to him or her by Qeep.
13. Data protection, advertising
The security of the personal data provided is extremely important to Qeep. The user’s registration data and specified personal data of the user are therefore subject to our data protection provisions.
With registration, you declare your agreement that we will publish your user name in any medium (newsletter, e-mail, or transmissions).
The user agrees to receive advertising on his or her mobile device.
Qeep will not send e-mail advertising to users if they have refused a sending during registration or in writing at a later time. Qeep will only send e-mail advertising to unregistered users if they have agreed to a sending. The agreement is revocable. Qeep is not responsible for e-mail from third parties.
14. Industrial Property Rights
The user acknowledges that the services and any required software used in the context of the services („Software”), is subject to industrial property rights and contains confidential information which is protected by legal regulations, particularly those on the protection of intellectual property. The user furthermore acknowledges that contents in the advertising of sponsors and information which he obtains through the services or through advertisers is protected by copyright, trademarks, patents or other protection rights or laws. Inasmuch as Qeep or the relevant advertiser has not declared agreement in writing thereto, the user must neither in whole nor in part amend, rent, lease, lend, sell, distribute or convert works which affect the service or the software.
In the context of the conclusion of a contract to provide products or services, Qeep grants the user a personal, non-transferable and non-alienable right to use the object code of Qeep software on an individual computer or mobile phone, to the extent that the user is not permitted to copy, change or destroy any software nor produce works derived from it, and also not in any way try to reveal the source code, does not sell, alienate, issue sub-licences for or transfer any rights to the software or burden these with rights, including to third parties. The user must not change the software in any way or use altered versions of the software, in particular not for the purpose of creating unauthorised access to the services. He must not create access to the services in any way other than through the interface that is provided to him by Qeep.
15. Copyright
The services provided by Qeep, particularly content published on Qeep, are protected by law as long as the platform is operated. Duplications (even in excerpts), particularly for commercial advertising, use or assessment, require the prior written permission of Qeep. Only the production of a copy of the content exclusively for personal, non-commercial usage is permitted, under the precondition that the origin remains clearly recognisable, for example by stating the source. Any further duplication, distribution or publication of contents without the prior written permission of Qeep is prohibited. Authorisation can be requested under info[at]qeep.net.
Qeep respects the intellectual property of third parties and requires users to do so also. If you are of the opinion that your work has been copied in any way that represents an infringement of copyright, Qeep would ask you to provide:
16. Exclusion of Guarantee
The services are used at the risk of the user. The services are provided in a form as decided by Qeep and subject to availability.
Qeep does not guarantee that the services meet the requirements of the user and will be available at any time without interruption, in good time, securely and error-free. Qeep does not accept any warranty in relation to the results which can be obtained by the use of the services, with respect to the correctness and reliability of information obtained in the context of the services or that the quality of the services or information obtained in the context of the services will meet the expectations of the user. Qeep also does not guarantee that the hardware and software used for the services shall work error-free at any time or that any error in the hardware or software will be corrected.
The downloading or otherwise obtaining of content in the context of the services is done at the risk of the user and the user is solely responsible for any damage to his computer system, his mobile telephone or other technical devices applied for such usage for any loss of data or for other damage due to downloading content or other transactions in the context of the services.
Advice or information that the user obtains in the context of the services, whether in writing or verbally, does not form grounds for any kind of guarantee from Qeep unless this has been expressly agreed.
17. Liability of Qeep
As a matter of principle, Qeep is only liable for deliberate acts and gross negligence and for the infringement of essential contractual obligations, however, in the latter case only for typical foreseeable damage. The German Product Liability Law remains unaffected.
Qeep is not liable for any damage incurred by the user as a result of force or which was caused by the user or the recipient not being able to use the services of Qeep. Qeep is not liable for collateral or consequential damage.
For the use of products of Qeep it is often essential to use certain technical systems, such as terminals (e.g. mobile telephones), software programs, means of transfer, telecommunications and other services of third parties, by which the user may incur additional costs, particularly connection fees. These are to be paid separately by the user. Qeep does not provide such terminals, software programs, means of transfer, telecommunications or other services and accepts no warranty or liability for them.
The user himself is responsible for the devices used by him, in particular mobile telephones and computers, being suitable for processing the services called up and meeting the requirements of the relevant services.
Qeep does not accept any liability for the uninterrupted availability of services and the completeness or correctness of information transferred or the timely and error-free technical transfer. The user declares that he is in agreement that Qeep accepts no responsibility or liability for the deletion of data or delay, deletion, mis-transfer or memory failure in relation to messages, any communications or other contents which are entered and transferred in the context of the services. Qeep reserves the right to interrupt access to products temporarily to carry out maintenance work. Furthermore, Qeep is entitled to change or stop the services provided either in whole or in part as it sees fit.
Qeep is not liable for the behaviour of users or other third parties or for contents or declarations which are forwarded by users or other third parties in the context of the services. Qeep is also not liable for any damage incurred from the use or impossibility of using the services. In particular, Qeep is not liable for the costs of replacement purchases or for costs incurred in the context of goods or services obtained, messages obtained or other transactions or from unauthorised access to the services or a change of the user’s entries or data or in any way in the context of the services. Qeep expressly informs the user that the services may contain contents that are harmful to young people or objectionable in other ways. Qeep is not liable for any damage incurred by access to such or other contents.
18. Right of Withdrawal
The user may rescind his contractual declaration to order products and/or services without cause if it is done within two weeks of concluding the contract. For this withdrawal to be valid, written notice must be sent to K2 Interactive GmbH, postal address: Venloer Str. 47-53, 50672 Köln, Germany or by sending an E-mail info[at]qeep.net. The two-week period is enumerated from conclusion of the contract. Timeliness shall be determined by the date of postmark.
With effective withdrawal, the services received on both sides are withdrawn mutually, and so the user is considered to have paid a reasonable consideration of the usage of Qeep products.
The right of the user to withdraw elapses prior to the end of the withdrawal period if Qeep renews supply of a product and/or service on occasion of the user, e.g. by download.
19. Notes for international use
Given the universality of the Internet, the user is obligated to obey all applicable national and international regulations regarding on-line behaviour and the legality and appropriateness of content. He or she declares in particular that he or she will obey all applicable national legal provisions regarding the export of technical data.
20. Assignment
Qeep reserves the right to assign the rights from this contract to or to have services in accordance with this contract provided by third parties as agents. The transfer of your claims from this contract requires our prior written permission.
21. Amendment of the General Terms and Conditions
The relevant General Terms and Conditions of Qeep applicable when usage occurred are in force. In the event of an amendment, this is indicated on www.qeep.net.
22. Preservation Clause
To the extent that individual clauses of the conditions of use above should be ineffective either in whole or in part, the validity of the remaining conditions of use are unaffected by this. The ineffective provision is deemed to be replaced by such a provision that comes most reasonably close to the meaning and purpose of the ineffective provision in a legally effective way. The same is applicable for any loopholes.
23. Contraventions against These General Terms and Conditions
Please inform us of any contraventions of these General Terms and Conditions. If you discover that contents of the services contravene these General Terms and Conditions, please inform us by Email to info[at]qeep.net.
To do this, please give us the identification data of the person who is not adhering to the rules, together with the relevant content or description. However, Qeep does not hereby guarantee that any action is taken on the basis of your report.
These terms & conditions were last updated on February 5th 2018.