terms of use

mycrocast is a service for commenting on events and distributing the commentary via stream on the mycrocast platform. The service offers users
1. the active possibility to comment on a event and to stream the commentary live
2. the possibility to listen to a stream passively

The following terms of use apply to the use of the mycrocast service by the user.

For the purposes of these terms of use:
1. operator: mycrocast GmbH
2. Streamer: any natural or legal person or association of persons who makes comments on events via the service and shares them with other users via livestream, on demand or chat
3. listener: users of the service listening to live streams or on demand content
4. user: every user of the service (streamer and listener)
5. service: the technical platform for the creation of commentaries and distribution of live streams and on-demand content
6. Content: all audio content or text content created by the user and made available via stream or on demand

Services of the operator
(1) mycrocast provides a technical platform for the creation and streaming of commentaries on events. Users (streamers and listeners) have the possibility to actively create their own content and to share it with other users (listeners) via stream on the platform.
(2) The operator only provides the technical infrastructure for the creation of content (comments and live streams). The operator himself does not create any content in the form of comments, live streams or on-demand content.
(3) This is specifically not the object of the service. The users alone are responsible for the content. In this respect, users have no claim against the operator for the content creation of a commentary.

The contents (comments) are created by the user himself and made available to other users as a stream or text contribution. The streams are provided as audio streams or via live chat, if applicable. A commentary via video image is not possible.

(1) The use of mycrocast is possible as free standard version and as fee-based premium version.
(2) In the free standard version, the operator will insert advertising while listening to streams. In the premium version, which is subject to a fee, no advertisements are inserted.
(3) For the creation of content in the mycrocast app, it is necessary to create a user account. Thereby certain information is required. The user is obliged to provide truthful information.
(4) The use of the service is only permitted if the user is at least 13 years old. If the user has not yet reached the age of 16 years, the use beyond that is only permitted if the holders of parental custody have agreed to the use. The use of the service is only permitted if the user is not excluded from receiving the services or use is not in breach of the law under the law of the state in which he/she is resident or from which he/she accesses or uses the services or use is not in breach of the law in any other way.
(5) You may not use the Services and may not accept the Terms unless (a) you are under the minimum age or have received the necessary consents set forth in paragraph (4) above, or (b) you are barred from receiving or using the Services under the laws of the state in which you reside or from which you access or use the Services, or are otherwise legally prohibited from doing so.
(6) You agree to notify mycrocast immediately of any security breach or unauthorized use of your mycrocast user account that you become aware of.
(7) You agree that you are solely responsible (both to mycrocast and to others) for any activities that occur under your mycrocast account.

Conclusion of contract and activity as an user
The user gets the possibility to use the service by creating a user account. The user account is created as a free standard version. The ad-free premium version can be purchased by the user within the service. In this case a contract is concluded as follows:

Contract text and contract language
(1) The complete contract text is stored by the operator in the settings of the respective user profile.
(2) If requests for offers are made outside the platform, the operator can send the user all contract data within the context of a binding offer by e-mail, which the user can print out or save electronically.
(3) The contract language is English.

Contract period
(1) The term of a Premium Account is one month or one year, depending on your choice. The term is automatically extended by the selected term, unless it is not cancelled at least 24 hours before the end of the term.
(2) The right of each party to cancel without notice for good cause remains unaffected. An important reason can be given for the operator in particular if the user has provided incorrect information about his person.
(3) The cancellation can be done by using the cancellation function within the service (app, web).
(4) If the user wishes to remove an entry prematurely, this shall not affect the term of the contract, with the exception of paragraph 2.

Responsibility and duties of the user
(1) The user is responsible for the content created by him or her. The comments must comply with applicable legal regulations.
(2) The user will protect the login data to the service against access by unauthorised third parties by taking appropriate measures and will not pass on the login data to third parties. The user is aware that he/she may be liable as if he/she were acting on his/her own behalf if he/she passes on the access data to third parties without authorisation or does not sufficiently secure the access data and third parties thereby gain unauthorised access to his/her account.
(3) The user is not allowed to place references or links to services of other portals.
(4) In case of incorrect information and deception, the operator reserves the right to delete entries. Already paid fees will not be refunded in this case.

Rights of use and copyrights
(1) The user gives the operator a comprehensive, simple right of use for all content – such as audio, pictures, texts, videos – without any time or space limitations.
(2) The aforementioned rights include in particular also the reproduction of the contents and the publication of the contents elsewhere by the operator (for example for marketing purposes).
(3) The portal itself is subject to copyright protection both with regard to the design of the user interfaces, including the graphic and typographic elements contained therein, and with regard to the underlying program code. The users are expressly not granted any right of use for these components.
(4) The user is not permitted to use the audio signal on other channels or to use it otherwise. Broadcasting, distribution or other use is only permitted via mycrocast.

Property rights of third parties / Exemption
(1) The Streamer guarantees that he is the owner of the granted rights and that he is able to effectively grant the operator the rights mentioned in § 1 of this contract. The licenser also guarantees that the works are free of rights of third parties that could conflict with the rights granted under this contract. Furthermore, the Licensor guarantees that the contents have already been published and that the author will not take any action against publication by the operator. The user guarantees that no personal rights of third parties are infringed by the use of works or the creation of comments within the scope of this contract. In particular, he guarantees that the depiction or naming of persons does not violate the rights of these persons.
(2) The user indemnifies the operator from all claims of third parties, in particular from claims for copyright, trademark and personal rights violations, which should be raised against the Operator in connection with the exercise of the contractual rights, upon first request. The user must inform the operator immediately of any impairments of the contractual rights that become known to the user. The operator is entitled to take appropriate precautions to defend himself against third party claims or to pursue his rights. The user’s own precautions must be agreed with the operator in advance. The indemnification also includes the reimbursement of the costs incurred or incurred by the operator as a result of legal prosecution/defence.
(3) The exemptions referred to in paragraph 2 shall not apply if the third party’s claim arises from the fact that the user uses the works in contravention of the provisions of this contract, in particular § 1.
(4) The user also guarantees that the content does not violate other rights of third parties, the constitutional order or any other applicable law. This includes in particular but not exclusively content relating to:

– Racism
– Hate speech
– Content harmful to young people
– Pornography
Paragraphs 2 and 3 shall apply accordingly.

The created content, in particular audio, images and text files (of the chat function offered) are checked regularly. Users can report content from other users and will be prioritised accordingly in our review. If content violates the terms of use, it will be deactivated on the platform. In the event of an incorrect assessment of the content, the affected user can submit a complaint and the case will be reviewed a second time. If the final assessment also comes to the decision that it is a violation of the terms of use, the content will be permanently deleted. Users who violate the terms of use will be warned and kept under observation. In the event of repeated offences or in serious cases, the user’s account will be blocked and access will no longer be possible.

Report content
You can report content that you consider inappropriate to mycrocast. We will treat this information anonymously. You have a reporting function within the mycrocast app. If you wish to report content from a web browser, you can do so by sending an email to privacy@mycrocast.de or info@mycrocast.de.
Please let us know what the content is and why you think it violates the terms of use or the law.

Availability of the portal
(1) Maintenance work, improvements to the web portal may cause a short temporary unavailability of the portal content.
(2) The portal is protected against cyber attacks according to the current state of the art, but no guarantee can be given for temporary unavailability due to cyber attacks.

Fees and charges
(1) The usage of a premium account is with costs according to the conditions of the operator.
(2) A monthly (or annual) fee is charged. The prices are gross prices including the legal value added tax.
(3) Invoice amounts are immediately payable and are made immediately in the App directly via Apple’s AppStore or Google’s GooglePlay-Store..

The legal warranty applies.

(1) The operator is responsible in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions on damages or compensation for futile expenses.
(2) Unless otherwise regulated in paragraph 3, the operator is liable in other cases only in the event of a breach of a contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the user could regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases the liability of the operator is excluded, subject to the regulation in paragraph 3.
(3) Responsibility for damages resulting from injury to life, body or health and according to the Product Liability Act remains unaffected by the above limitations and exclusions of responsibility.

Subsequent contract adjustments
(1) The operator can adapt the hardware or software used to provide his services to the current state of the art during the contract period. Files, in particular multimedia files, supplied by the user may have to be adapted to the state of the art and supplied again.
(2) Insofar as fee components change after conclusion of the contract due to legal requirements, in particular due to taxes or fees, the operator is entitled and obliged to adjust the fees accordingly with effect of the legal change.

Applicable law and place of jurisdiction
(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. If the user concludes the contract as a consumer and if this consumer has his or her habitual residence in another country at the time of his or her order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
(2) If the user is a merchant and has his registered office in Germany at the time of the order, the exclusive place of jurisdiction is that of the operator, Magdeburg. In all other respects, local and international jurisdiction is governed by the applicable statutory provisions..

Final clauses
(1) The operator collects, stores electronically, changes and transmits personal data for order processing.
(2) Several persons who are joint users are jointly and severally liable for and creditors of the entire performance.
(3) If there are differences between the German version of these terms and conditions and a version in another language, the German version shall take precedence.
(4) Should individual regulations of these terms and conditions prove to be ineffective or unfeasible, this shall not affect the validity of the remaining regulations. Alternatively, an effective provision shall be deemed agreed upon which comes as close as possible to the intended purpose in economic and legal terms. The same applies to an unintentional loophole. (Severability Clause)