1. Who is covered by these General Terms of Use

We at KAPITAN GmbH, as defined in this website’s imprint (“We“ or “Our“ or “Us“) want to provide you – Our customers, fans and community – the best products, content and services available at any time, on Our webpages and apps (“Platforms”) and to continue to develop these products, content and services with you. However, every cooperation needs a clear set of ground rules in order to guide how We interact with each other and to define core values. These General Terms of Use aim to set out the basic framework between you and Us for Our free products, content and services, and thus form the common basis for Us to work together (“Rules”).

2. Scope of application

These General Terms of Use apply to the use of any of Our products, content and services (“Content”) freely available to you on Our Platforms. This includes any use of the Content by you, whether you’re visiting and browsing Our webpages and apps, signing-up for events, newsletters and similar offers, downloading and streaming Our Content, or registering and creating an account.

3. Your obligations as a user

We believe that successful collaboration and social interaction online requires good manners (netiquette) and rules of conduct. Our Content is provided for your personal use only, which means you cannot use it for any commercial or otherwise profit-making purposes. Our cooperation is based on condition that you comply with applicable laws, do not violate Our rights or the rights of third parties and that you use Content solely in a manner consistent with these Rules and do not destroy, damage or otherwise exploit it.

We also believe in the importance of mutual respect and consideration towards others. Therefore, any content that you post using Our services must not contain any form of hate speech, defamation or be otherwise likely to cast a negative light on Us or someone else.

To ensure that everything runs smoothly, We must all be responsible for the content that We own or control. Therefore, you must ensure that any information you provide Us is correct, complete and up to date at all times during our cooperation.

4. Terminating this cooperation

If We determine that things are not working between you and Us, in particular, if you violate any of these Rules, We reserve the right to terminate this cooperation at any time.

5. Our content and services

5.1 All rights to Content reserved by Us
All Content on Our Platforms, including content and services provided by you or any third parties, i.e., in particular all texts, logos, brands, graphics, artwork, sounds, music and software (including the access software) is protected by copyright, personal rights, registered designs, patents, trademarks, service marks, design rights, database rights, trade secrets, rights of confidence and other similar rights (“IPR”). All intellectual property rights existing on the Platforms and to the Content are either Our property or have been licensed to Us. All rights are reserved by Us or, if provided by a third party, they are reserved by the third party (and even if such content or service is not expressly marked as being legally protected or registered, this does not mean that We or third parties waive any applicable intellectual property rights, neither wholly nor partially with respect to such content or service). You are not permitted to reproduce, copy, post, republish, transmit, record, transfer or process any content, materials or portions thereof without Our express written permission in advance, nor are you permitted to do or attempt anything that violates Our intellectual property rights or any intellectual property rights licensed to Us or owned by third parties. This also applies to the ideas and concepts on which the Platforms or Content are based, even if they are not protected by intellectual property rights.

5.2 Your license for use of Our Platforms and Content
While We hold all rights to the Content on Our Platforms, We want to enable you to easily access Our Platforms and Content, so that you can explore everything We have to offer. We therefore grant you a limited license to use Our Content for your personal use only. This means that you can enjoy Our Content as a private individual, whether at home or on the go. Your license does not, however, include the right to use Our Content as part of your commercial business ideas or any other commercial activities, nor does it allow you to reproduce, modify or otherwise exploit Our Content. You are also not permitted to transfer this license to third parties.

We may from time to time give you the ability to embed certain elements contained in the Platforms or Content into third party platforms pursuant to the license terms contained herein. If you do so, you may not modify, build upon or block any portion or functionality of the Content, including links back to Our Platforms. You also agree that We have the right to set Cookies, serve ads and collect information (tracking) through such embed.

Therefore, you undertake to obtain the consent by the user for such use (especially in line with Our Privacy Policy before providing the Content. If user does not provide consent, you may not provide the Content and you inform the user of the possibility to watch the Content (without Cookies) on Our Platforms. In any case you have to comply with the applicable (data protection) law(s) and these Terms.

5.3 Third Party Content
Our Platforms may utilize or incorporate digital content or services from third-party vendors (“Third-Party Content”). You acknowledge and agree that your right to use such content or services of third parties may be subject to additional terms and conditions of the third party providing these services. If you do not agree to these additional conditions, you are not permitted to use the respective third-party content or services.

6. Special features

6.1 KAPITAN Account
To access or use account-accessible functionalities of the website, such as, but not limited to orders, order history, etc., You may have to become a registered user. We may change, remove and/or add Our account-accessible functionalities from time to time. The applicable terms and conditions as well as further information can be found here.

6.2 Peer2Peer Service Providers
You should note that by using some of Our Platforms and Content, you are also agreeing that your Internet and connectivity resources may potentially be used by Our P2P service provider (“P2P provider”). Please be aware that though Our P2P provider strives to limit such effect, the use by Our P2P provider of your resources may put a burden on your Internet connection and downloading speed, and might increase your use under a limited Internet connection package. The P2P provider uses your local resources to store content temporarily, upload content to other users, and download content from different users, while temporarily exposing other users to your IP address. This P2P achieves faster access to Our Content through a download from a significant number of simultaneous users of the same content (for example in peak times of live events).

7. User-Generated Content

7.1 What do we mean by “User-Generated Content”?
Our Platforms offer a variety of features, which enable you to engage with Us and the community by posting your own comments, news, texts, illustrations, data, files, images, graphics, photos, sounds, music, videos, information, content and/or other materials and by liking, sharing and rating. All content contributed by you using these functions is collectively referred to herein as “User-Generated Content” or “UGC”.

7.2 Unrestricted license to your UGC for Our purposes
In some cases, you or third parties may have copyrights or other intellectual property rights to your UGC.
To the extent that you contribute to Our Platforms in the form of UGC, at the time of participation you grant Us a worldwide, unrestricted, irrevocable, non-expiring license free of charge that is transferable to third parties to use your UGC in its full scope and extent by all means and in all media and to create derivative works as well as to adapt, digitize, dub and otherwise exploit your UGC. In particular, this license also includes use of UGC in advertisements and promotional campaigns and is in no case limited to the Platform on which the UGC was provided by you. You agree that you have no right or claim any fees or additional consideration for Our use of the UGC.

Finally, you grant other users permission to access your UGC and to use, reproduce, like and share it, to create derivative works, publicly display and present it, transfer and publish it to the extent this is permitted by the functionality of Our services and these terms of use.

7.3 Viewing and removing UGC
We have the right but not the obligation to monitor UGC. We have the right to modify, withhold, remove or block access to UGC at Our own discretion and for any reason whatsoever.

7.4 Your personal information and UGC
You give Us the right (but not the obligation) to use your biographical information including, without limitation, name, image, voice, biography, likeness and geographic location in connection with broadcasting, printing, online or other use or publication of the UGC in conformance with the above license contained herein.

7.5 General conditions for UGC
Before We can allow you to contribute your UGC, you must agree to comply with the following rules. You therefore undertake, represent and warrant that your UGC shall in no circumstance:
(i) cast a negative light on Us or on Our activities, businesses or brands. In particular, you are prohibited from using the following content in connection with your UGC: (a) illegal products, content, services or materials; (b) coverage of accidents, assaults, catastrophes or riots; and/or (d) competing products (in particular beverages containing caffeine, taurine or guarana);
(ii) be unlawful, threatening, racist, libellous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic or otherwise objectionable, or otherwise violate any applicable law;
(iii) encourage conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law;
(iv) be an advertisement for goods or services or a solicitation of funds;
(v) enable the identification of personal information such as messages, phone numbers, social security numbers, account numbers, addresses, or employer references; or
(vi) contain any virus, trojan horses or other harmful code or script.

Moreover, any conduct that We believe, in Our sole discretion, restricts or inhibits any other user from using or enjoying Our Platforms or Content will not be permitted.

7.6 Guarantees and indemnification
In order to ensure that these rules are complied with and to safeguard Our interactions, you provide the following guarantees and indemnification to Us with respect to your UGC:

You acknowledge and agree that you are solely responsible for the UGC you submit. You represent and warrant that you are the owner of all rights to your UGC and that it does not violate or infringe any third-party rights such as personality rights (in particular the right to one’s own image), intellectual property rights such as trademarks, patents, copyrights or other legally protected property rights.

You further represent and warrant that all the requisite rights, approvals, permissions and waivers of rights have been properly obtained from each participant, actor, moderator, contributor, or other persons involved in the UGC or the associated rights, services or institutions, and that you are authorized to exercise those rights at your own discretion and in the scope and extent provided for herein.

You agree to indemnify and hold Us fully and completely harmless from any third-party claims arising in connection with the upload of your content and Our use thereof for the purposes stipulated at the time of upload, as a result of your negligent or intentional violation of your above guarantees.

8 Liability

We and Our employees, distributors, licensors and representatives cannot be made liable for Our free Content, whether by contract, tort (including and without limitation negligence) or other act or omission, regardless of whether such act or omission is direct, indirect, consequential or specific. The exclusions set forth in this section apply even if the loss or harm suffered by you was or should have been foreseen by Us and/or you informed Us of the risk that you suffered the loss or harm.

Nothing in these General Terms of Use shall limit or exclude Our liability for death or personal injury caused by Our negligence, for fraud or fraudulent misrepresentation or for any other type of liability which cannot be limited or excluded by applicable law, or otherwise affect your statutory rights as a consumer.

9 Final words and rules

Each provision of these Rules applies separately and independently. If any provision of these Rules is or becomes invalid or unenforceable, whether in part or as a whole, the remaining provisions of these Rules shall remain unaffected. In such case, the affected provision will either be construed and modified to the minimum extent necessary to render it valid or repealed and replaced with a valid provision that best gives effect to the purpose of these Rules and enables them to remain in full force and effect to the extent permitted by law.

These Rules shall be governed by and construed in accordance with the laws of the country, where the entity named in the imprint is seated. All disputes arising out of or in connection with these Rules, including any questions regarding their existence, validity or termination, shall exclusively be settled by the court responsible for commercial matters in the city of the country, where the entity named in the imprint is seated, in accordance with the laws in force in the country, where the entity named in the imprint is seated, without reference to its rules relating to conflicts of law. The application of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 shall be excluded.

The original version of the Rules is in English. Any translated version is for your convenience and information only. In case of disputes the English text shall prevail.