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bebber

Terms of Service

By using the websites bebber.com and bebber-it.com, offered by Blanx effects interactive GmbH, Bismarckstr. 17, 50672 Cologne, Germany, you are agreeing to the following terms and conditions. Below, the websites and the company will be referred to as "bebber".

1. Your Data

bebber makes it possible for users to upload text, images, videos and pdf files of up to 250mb onto the bebber server cloud and create a link to this data to an e-mail address or a qr-code. The user states his e-mail address, as well as the e-mail address of the intended recipient. In the alternative, he can generate a download link, which does not require an e-mail address. The e-mail and the contents that users share via bebber are encrypted by bebber. The link enables the recipient to download the data from the bebber server without a time limitation.

By using our services, the users make their data, contents etc. available to us. bebber only acquires those rights to the files that are necessary for it to pass them on to the intended recipient. It is for instance necessary to at least temporarily store the files on the bebber server, to save them and eventually make them available to the recipient. By using the services, the user consents to this. The identity of the recipient of the relevant link is the sole responsibility of the users. bebber does not accept responsibility for typos or mistakes as to addresses. Further, the material is not scanned for viruses or other malware.

bebber treats content as confidential and does not control the use of download links, regardless of whether they are originally distributed by us or by you. Other users who scan the qr code or receive the url link can forward the content and allow others to use them. You are solely responsible for the Content you upload and share.

bebber does not provide any public search function, catalogue or listing to find content of bebber.

2. Business model

The basic functionality of bebber is (currently) free from registration and charge. We may offer a pro version and a paid subscription version later, that — compared to the free version — offers you a set of premium services and different subscription terms.

3. Restrictions

bebber respects your rights and expects that you respect those of others. This includes respecting the right to privacy, corporate intelligence, business secrets and intellectual property rights, such as trademarks, copyrights, trade names and logos. You agree not to use the Services to commit, promote, enable or facilitate any unlawful or criminal acts or breach of these Terms or facilitate or promote others to do so.

As a condition to make use of the Services you agree not to create, use, store or share any Content that:

  • features CSAI (child sexual abuse imagery);
  • is obscene, defamatory, libelous, slanderous, profane, indecent, discriminating, threatening, abusive, harmful, lewd, vulgar, or unlawful;
  • promotes racism, violence or hatred;
  • is factually inaccurate, false, misleading, misrepresenting or deceptive;
  • you don't hold the rights to;
  • infringes, violates or misappropriates intellectual property rights, privacy rights, including data protection rights, and/or any other kind of rights;
  • infringes on or violates any applicable law or regulation; and/or
  • constitutes 'hate speech', whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation, language or another characteristic of such individual or group.

In addition, you agree not to:

  • abuse, harass, stalk, intimidate, threaten, commit violence, or otherwise act unlawful, or encourage anyone else to do so;
  • impersonate or falsely pretend affiliation with any person or entity;
  • access any non-public areas of the Services;
  • interfere with any access or use restrictions;
  • use any data mining or data gathering or extraction methods, or otherwise collect information about the users of the Services;
  • send viruses, worms, malware, ransomware, junk email, spam, chain letters, phishing emails, unsolicited messages, promotions or advertisements of any kind and for any purpose;
  • interfere with, damage or disrupt the Services or act in a way that may do so;
  • attempt to probe, scan, compromise or test the vulnerability of the Services or any related service, system or network or breach any security or authentication, unless you do so in accordance with our Responsible Disclosure Policy;
  • use automated means to access or use the Services without our permission;
  • reverse engineer or decompile any (part) of the Services;
  • resell, sublicence, rent, lease, offer or otherwise commercialize the Services without our permission.

4. Violation of the Terms of Service

bebber reserves the right to investigate, provide to third parties, (temporarily) block and/or permanently delete from its servers, without prior notice or liability, any Content and/or accounts or to block anyone from accessing any part of the Services, when bebber ascertains, at its sole discretion or after receiving substantiated and valid complaints, that you breach these Terms or act in violation of any applicable law or regulation. More information is available in our Notice and Takedown Policy.

5. Intellectual property rights

All intellectual property rights and/or similar rights on the Services (including the software content, photography, graphic design, typography, portraits, logos, trademarks, trade names, domain names, copyrights and patents) are licensed by bebber and/or its licensors and you are not allowed to use, remove, modify, copy, mirror, distribute, decompile, or reverse engineer any of it in any way.

bebber is not responsible or liable for third party content published within the Services, in-ad links to external websites or the content, products or services offered on external websites. You acknowledge and accept that all use outside the Services is at your own risk.

You will always respect and observe the good name and reputation of bebber and ensure that your use of the Services will in no way prejudice any rights and/or the good name and reputation of bebber and its licensors.

6. Legal Claim

A claim to use our services only arises in the context of the premium version, subject to server capacities and the internet capabilities of the sender and the recipient.

For reasons of capacity, and due to factors outside of bebber's control, bebber cannot guarantee that the files will reach the recipient at a particular time. Similarly, it is not bebber's responsibility that the files will be transmitted completely — users should create a backup copy and ask the recipient to determine whether he has in fact received them as intended.

7. Obligations of the User

The user is and remains responsible for contents that he shares via bebber. He undertakes to comply with bebber's terms and conditions. In particular, he undertakes not to share via bebber any contents that are illegal or inflict loss on third parties (e.g. pirated copies, Trojans, viruses, or worms). He undertakes to comply with any rules relating to data protection and copyright. He assures us that he is entitled to use (e.g. to copy) the contents that he shares via bebber. He assures us that the recipient of the e-mail has consented to receiving it. He undertakes not to use any programmes or bots that affect or could affect the uploading process. We reserve the right to delete the contents shared by the user via bebber, or to exclude him from using bebber services any longer, if he fails to comply with these obligations.

Moreover, bebber remains the sole owner of the services, all (brand) names and copyright. bebber respects the property rights and copyright of its users and therefore expects its users to do the same. If bebber learns of any violations of its property rights or copyright, these violations may be prosecuted or otherwise pursued.

8. Data Protection

The user's personal information, in particular his e-mail address, is entered by the user voluntarily. It will be handled confidentially and, with the exception of the recipient, will not be passed on to third parties. The recipient's e-mail address and the contents that the user shares via bebber are stored for one week and then deleted automatically. It is possible to request the deletion of personal information, in particular the e-mail address, at any time under info@bebber.com.

9. Liability

bebber is only liable for intentional or grossly negligent conduct by bebber, its agents and/or its representatives.

Liability for (lesser forms of) negligence can only be accepted with regard to the essential duties under the contract. In the case of an (in this sense) negligent breach of contract, bebber's liability is limited, with regard to economic loss, to reasonably foreseeable losses typical in this kind of contract. Beyond this, liability for (lesser forms of) negligence is excluded.

Any statutory strict liability, in particular under the Product Liability Act, as well as any statutory liability for guarantees, remains unaffected by the exclusion clauses above. The same applies to any liability that bebber may incur through any culpable violation of a user's life, body or health.

10. Indemnification

The user will indemnify bebber against any claims brought by third parties as a result of a violation of the obligations under number 4, and will bear the cost that bebber incurs as a result (e.g. payments that were necessary for the appropriate prosecution or defence).

11. Forum / Choice of Law

bebber and its users undertake to first seek an amicable settlement where any conflicts occur. Before the user brings a claim or otherwise turns to legal measures, we would ask him to contact us directly. We undertake to promptly work on a solution to the problem and to help the user so that he can keep using the services to the extent desired.

If it should nevertheless be inevitable for the user to want to invoke a court's assistance, the following will apply:

The forum for all disputes arising from the contract between the user and bebber is the service provider's location, insofar as the user is a merchant, a legal person under public law, or a special fund under public law.

The legal system of the Federal Republic of Germany applies to the contract between the supplier and the user. Exceptions to this choice of law are the mandatory consumer protection laws in place in the user's ordinary country of residence. The UN Convention on the International Sale of Goods is excluded.

12. Changes

We reserve the right to change these terms and conditions at any time.

13. Contact

You can contact bebber at info@bebber.com — just send us an email in English or German.