§1 General, Definitions

1.1 OCC GmbH - BRAINREPUBLIC - operates a platform under "www.BRAINREPUBLIC.com" for the use of Adobe Streaming components ("platform"). Every user of the platform can participate when accepting the Terms and Conditions.

Users are all Internet users which retrieve content of the platform.

1.3 These terms of business are valid for all, also future business relations between users and BRAINREPUBLIC. Divergent, conflicting or complementary Terms and Conditions of the user do not become part of the contract, unless the validity is agreed upon conclusion of contract expressly in writing. Every written notice on Terms and Conditions of a user is expressly objected.

1.4 The transfer of rights and duties of the users from the Terms and Conditions need our written approval.


§2 Conclusion and subject matter of the contract

2.1 The use of the platform is only possible within the scope of this contract. The conclusion of this contract is only possible for individuals capable of performing business.

2.2 By using the platform the user declares obligingly that he wants to enter a contract with BRAINREPUBLIC regarding the Terms and Conditions. BRAINREPUBLIC accepts the offer by granting access to the platform. This contract is independent of the activation of the user's account by BRAINREPUBLIC.

2.3 The user promises within the scope of usage to provide only truthful information about his person and to keep his data always up to date. The user is obliged, when requested by BRAINREPUBLIC, to transmit a suitable proof about his quality as a businessman or enterpriser at his own costs. BRAINREPUBLIC is entitled to reject entering into a contract without giving reasons, or to limit the functionality at any time.

2.4 BRAINREPUBLIC provides a platform, which allows its users to perform free/paid audio/video chats with each other.

2.5 The use of the platform is basically free of charge.


§3 Provisioning of the platform in detail

3.1 BRAINREPUBLIC provides a platform for the preparation and execution of video streams. The contracts concluded on this platform are exclusively and immediately between the respective users. BRAINREPUBLIC is neither representative nor messenger of one of the parties and does not become a party of the contract.

3.2 BRAINREPUBLIC assumes no liability for correctness of the content provided by users on the platform. Besides, BRAINREPUBLIC has no possibility to check the contents of the users. BRAINREPUBLIC does not own this information.

3.3 Although BRAINREPUBLIC may check the data of the users when entering a contract, nevertheless, assumes no liability for their concrete correctness or for the fact that the user still exists after the contract is concluded.

3.4 BRAINREPUBLIC does not guarantee the availability of the platform.

3.5 BRAINREPUBLIC is entitled to extend the functionality of the platform at any time without previous communication, to adapt it technically, to change menu guidances or layouts, or to limit functionality in adequate manner.


§4 Rights and duties of the users

The user receives account data for the purpose of using the platform (e.g., transmission links). The user is obliged to keep this data secret and to inform BRAINREPUBLIC immediately about the loss or the abuse of the account data. It is not allowed that the user makes his account data available to a third party or to use his own account data to procure information about offers, suppliers, contact addresses, sources of supply or similar about the platform for a third party. This is on a par with the abuse of the data. BRAINREPUBLIC is entitled to close access data, if suspicion of the abuse of the data is given.

4.2 The user ensures to provide only correct and juridically allowed information on the platform. In particular, the user is obliged not to advertise in anticompetitive manner.

4.3 The user guarantees BRAINREPUBLIC that he provides only information on the platform that does not offend rights of third parties and the user in possession of all necessary rights, in particular of the commercial protective rights and copyrights. BRAINREPUBLIC is entitled to request a suitable proof which is to be transmitted within 2 working days at no cost.

4.4 The user guarantees BRAINREPUBLIC that the user provides only information with no damaging source code and also no other damaging program instructions. The user guarantees that the content he provides is not against the law. Thus it is prohibited in particular strictly from offering any kind of immoral content on the platform,making it accessible or offending otherwise against laws or rights of third parties (brand, name, copyright, data privacy rights etc.). Besides, it is forbidden to communicate slanderous, concerning the contents wrong, insulting, threatening, indecent, indecent, sexually straightened, bothering or racist content in text form or picture form.

4.5 The user grants BRAINREPUBLIC a locally and chronologically unrestricted right to use the data provided by the respective user on the platform. The user guarantees that no right from third parties are injured by this content.

4.6 The deposit of information and data on computer systems occurs at the risk of the user. The deposited information can get lost or reach on account of an attack into hands of third. BRAINREPUBLIC protects his system and the deposited data using state of the art technology. Nevertheless, the user should only post data which he does not need a backup. If he stores data on the platform that is important to him, then the user is responsible to store it additionally off the platform.

4.7 The user undertakes to use neither the platform for promoting competitors of BRAINREPUBLIC, nor to collect the data of other users and to use them for advertising purposes. Besides, the user promises to keep silent about the attained data of other users. It is not allowed to the user in particular, to provide information about offers, suppliers, contact addresses, sources of supply or similar about the platform to a third party or to publish and to pass this information.

4.8 The user releases BRAINREPUBLIC from claims for damages of third parties as well as all expenditures which are based on an offense of the user against the general terms of business or the terms of utilization. This encloses in particular the legal cost.

4.9 In case of an offense against the general terms of business, the user commits himself towards BRAINREPUBLIC to the payment of an adequate contractual penalty at the rate of 5,000 Euro, excluding objections in regards to multiple occurences. The assertion of further claims is expressly excluded.


§5 Terms of use

5.1 On the platform users can provide video streams that they can promote on social networks or in other ways.

5.2 It is forbidden to abuse the platform by excessive or automated posting ("Spamming").

5.3 On the platform, after concluding a contract, the transmission of information by the means of a flash based chat and video plug ins is the main communication medium.The communication between BRAINREPUBLIC and the users occur, primarily, via email. Users agree to the communication by e-mail between BRAINREPUBLIC and the user expressly.


§6 Termination of contract, Exclusion of users

6.1 BRAINREPUBLIC is entitled to delete content posted by users and to exclude users permanently from the use of the platform, as well as to grant access with limited functional extent for individual users if there is suspicion that the user violates the regulations of these terms and conditions, rights of third parties, offens morality or BRAINREPUBLIC has a legitimate interest in the blockage or in a restriction of the functional extent. An entitlement to restore content does not exist. BRAINREPUBLIC is entitled to perform a check before restoring information when the user has already violated the Terms and Conditions of the platform.

6.2 In case of reasonable suspicion that a violation against the law took place, e.g., violating rights of a third party, security duties, approval duties or marking duties, BRAINREPUBLIC is entitled to delete single postings and to exclude users permanently from the use of the platform, as well as to grant individual users limited functional access. In these cases BRAINREPUBLIC can not be held responsible, also not for loss of earnings.

6.3 The right for extraordinary notice of cancelation or deleting/blocking user's accounts are excluded from the previously mentioned terms. In such cases, paid fees will not be refunded.


§7 Liability, Responsibility

7.1 The liability from BRAINREPUBLIC is limited to predictable, immediate average damage typical for this type of contract in case of negligence. This is also valid in case of negligences by legal representatives or fulfilment assistants. In case of contractual relationship with enterprises/enterprisers, BRAINREPUBLIC is not liable in case of negligence.

7.2 The preceding restrictions of liability do not concern claims of the customer from product liability. Further the restrictions of liability are not valid with assured qualities and the supplier added body damages and health defects or with loss of the life of the customer.


§8 Privacy

8.1 The data that is necessary to operate the platform is stored and processed with a designated IT architecture. Personal data is of course treated confidentially and is not transmitted.

8.2 The customer agrees to storage, processing and use of personal data - if provided - expressly. He can cancel this approval at any time with effect for the future.

8.3 In addition, the rules of the Privacy Policy of BRAINREPUBLIC are in effect.


§9 Changes of these Terms and Conditions, Transfer of rights

9.1 BRAINREPUBLIC has the right to change these regulations considering trading conditions or technical requirements at their own reasonable discretion, as far as it is reasonable for the users.

9.2 Changes of these Terms of Use are published on the platform. Information about changes of the Terms and Conditions which are not referring to paragraph 8.1 will be made available in text form. The changes become effective, provided that the user does oppose the respective changes at latest 14 days after the changes have been published.

9.3 BRAINREPUBLIC is entitled to transfer all rights and duties from the contractual relationship or parts of it to a third party with four weeks prior notice. In this case the user is entitled cancel its contract.


§10 Final regulations

10.1 This contract is under the law of the Federal Republic of Germany.

10.2 If the user is a businessman, legal entity of public right or public law special property, the exclusive legal venue for all disputes from this contract is the place of business BRAINREPUBLIC and Dusseldorf. The same is true if the customer has no general legal venue in Germany or the residence or usual stay are not known at the time of the complaint.

10.3 Any additional agreements need written form.


These Terms of Use can be reviewed, stored and printed any time at http://www.BRAINREPUBLIC.com/en/nutzungsbedingungen.html