An der Kappe 56
ternaty offers with the website ternaty virtual space (“Website”) a digital real-time communication platform for virtual events in the form of 3D spaces, which can be used via desktop or mobile devices, also by way of virtual reality or augmented reality. The website offers the possibility of a virtual place, which can be utilized for different purposes and contexts.
The term “User” refers to those who access the Website and use the offers and functions therein as intended. Both non-registered visitors (“Guests”) and registered participants (“Participants”) are deemed to be Users. ternaty and the Users are hereinafter also referred to individually as “Party” or collectively as “Parties”.
The access and use of the website are free of charge. In this respect, the statutory provisions for the free provision, in particular § § 516 et seq. BGB – German Civil Code – (gift).
II. Conclusion of contract / Calling up the website
- The website can be accessed and used via the URL https://ternaty.com.
- Call and use of the website are voluntary.
- The call-up as well as the comprehensive use of all services and functions of the website as well as the receipt of notifications or updates requires a functioning internet connection and presupposes a functioning infrastructure of the participating end device.
III. Offer / Services of ternaty
- With the website, ternaty offers a digital environment in which the user can set up and/or visit and design 3D ternaty virtual space rooms himself/herself and exchange ideas with other users in these rooms. In the course of this, the user can
- upload and share content. Contents in this sense are in particular but not exclusively audios, videos, texts, images and graphics, 3D models and scenes as well as other data, programs and documents;
- communicate with other users, in writing by means of chats, orally using the microphone of their end device, or even beyond that using augmented and virtual reality functions;
- Furthermore, ternaty offers a blog with various informative content and articles on the topic of virtual spaces and the metaverse in the broadest sense.
In addition, virtual rooms (subscription) can be purchased via the online store.
- The Website and the inserted content are stored on servers. ternaty does not operate the servers itself, but uses the services of the providers Hetzner (Hetzner Online GmbH, Industriestraße 25, 91710 Gunzenhausen, Germany) and Digital Ocean (Digital Ocean LLC., 101 Avenue of the Americas 10th Floor, New York, NY 10013, USA).
- The Internet connection and the functioning infrastructure of the end device involved (e.g. permitted end device, version of the operating system, storage space on the end device) are not subject of the services of ternaty. This is the responsibility of the user.
IV. Provision of the website / updates / changes
- The software to run the virtual 3D rooms is licensed under an Open Source license. To learn more, you can view the license here. To learn more about how the software works, you can view the source code here.
- ternaty reserves the right to modify, suspend or discontinue the Website and its functions at its sole discretion.
- If functions require additional authorizations, e.g. access to the camera, microphone, file system, photo memory, address book or location data of the end device, the user will be informed of this before use. If the user does not agree to these additional authorizations, the user will not be able to use the corresponding functions and it may be that the operation of the website or the use of the respective functions is impaired.
- Functions and services of the Website may be or become subject to a fee. In this case, ternaty will communicate the prices and features in advance. The use of paid functions and services is voluntary and at the sole discretion of the user.
- There is no claim to a permanent and uninterrupted availability of the website. Temporary interruptions of service due to updates or revisions, due to usual maintenance, system-immanent disturbances of the internet as well as in case of force majeure are possible, even without prior notice. ternaty will, however, endeavor to achieve the highest possible availability and to remedy any disturbances as soon as possible.
V. Requirements and opportunities for use
- A working internet connection is required to use all features of the website.
- The website can be used both as a guest and, after creating a participant account, as a participant.
- Users can select rooms under the menu item “room” and enter them in accordance with the relevant instructions and use them as intended. If the rooms are private, they are marked as such and can only be entered with the corresponding access data.
VI. Duties of the users / guarantees / exemption
- It is the responsibility of the user to ensure that the working environment of the website is functional (e.g. permitted end device, operating system version, storage space on the end device) and to test usability in the specific situation before starting productive use.
- It is the responsibility of the user to save the content he or she transfers to the website and to make backups if necessary.
- The User shall use the functions of the Website in a manner that does not impair, overload or damage them in any way or jeopardize or circumvent the purpose of the Website and its functions. In particular, the User shall refrain from damaging ternaty or other users through the use of viruses, spyware or malware, worms, Trojan horses, time bombs or other malicious codes or instructions.
- The User shall inform ternaty immediately and completely about any impairments, overloads, damages or infringements of rights of which he/she becomes aware and shall support ternaty in its defense to the best of his/her ability.
- Recommendation or other marketing of the website www.ternaty.com as a whole or of individual contents, e.g. by mentioning or reporting online or offline, is in principle also permissible in a commercial context, but not in return for a fee from the users. The naming and, if technically possible, linking of ternaty virtual space is required. The contents of the 3D Virtual Spaces (website www.app.ternaty.com) are not covered by this authorization for recommendation or other marketing, belong to the individual authors and may not be used without their consent (see Item VIII.2).
- The user agrees not to publish any inadmissible content within the scope of using the website, whether via the comment function or in a space created or visited by him/her. Inadmissible contents are in particular
- racist, sexist, pornographic, violence glorifying or trivializing, insulting, defamatory, immoral content, threats, slander or defamatory criticism, as well as content that is otherwise capable of impairing human dignity or other protected legal interests;
- unauthorized advertising (e.g. lotteries, events, discount promotions) on our own behalf or on behalf of others;
- Content that is suitable and intended to engage in or promote criminally relevant acts such as insulting, threatening, coercive, deceptive, misleading, fraudulent, phishing, identity theft or illegal gambling towards ternaty and other users;
- The user assures that he/she is authorized to use all content that he/she publishes within the scope of using the website and that neither personal rights, copyrights or ancillary copyrights (e.g. trademarks, patents, registered designs) nor other rights of third parties are affected by the use and publication of the content. The user is solely responsible for obtaining any licenses and consents and for naming any authors of images, texts or other content.
- If personal data of third parties are concerned, the user shall ensure that personal data transmitted to ternaty by him/her or at his/her instigation by third parties have been collected and processed in accordance with the relevant provisions of data protection law. The user must provide a plausible legal basis for this upon request.
- ternaty is not obligated to verify the accuracy of the information provided by the user or the legal admissibility of the content.
- In case of disputes with third parties or other users, the user shall provide ternaty with all necessary information without undue delay and shall support ternaty to the best of his ability in defending or asserting any claims.
- There is no entitlement to the publication of content. ternaty reserves the right to review and refuse the publication of content that appears questionable due to concrete indications or requests by third parties or to modify or delete content that has already been made public.
VII. registration as a participant
- Under the menu item “Login”, the user can register via an e-mail address. The participant guarantees to provide truthful, current and complete information as specified in the registration form.
- A profile will be created for each participant. The participant will always keep the information in his/her profile up to date and correct it in case of changes. The profile picture and the name are publicly visible.
- The Participant is solely responsible for all activities carried out via his/her profile. He/she will immediately report to ternaty any misuse of his/her profile.
VIII. Transfer of rights
- Rights to the website
- ternaty grants the User the free, non-exclusive, non-transferable right to use the Website for its intended purpose, namely for creating and visiting ternaty virtual space rooms and exchanging information there.
- The User acknowledges that the Website provided is a copyrighted work of ternaty. The creation and design of ternaty virtual space rooms via the Website does not constitute a joint copyright of the User for the Website. All copyrights and other intellectual property rights in the Website, texts, names, trademarks, images, logos, domain names or other intellectual property used are owned exclusively by ternaty in the relationship between the parties.
- The user is not entitled to make any kind of editing or changes to the website (e.g. to the (source) code, the software, the content in image and writing, the design or similar, e.g. by reverse engineering, manipulation, decompilation, disassembly or similar).
- Any form of imitation, reproduction, sale or other dissemination of the website, parts of the website or posted content by digital or analog means by the user is prohibited. This does not affect the authority to recommend and otherwise market in accordance with Item VI.5.
- Rights to the created spaces and posted content
- By publishing rooms and their contents, the User grants ternaty the free-of-charge, non-exclusive, non-transferable right to use the released rooms and contents in the context of the operation of the Website. ternaty is in particular entitled to reproduce, distribute, make publicly available and provide on demand (online, access and transmission rights) as well as to archive the contents in the context of the intended operation of the Website. ternaty is entitled to edit the posted content to the extent necessary for graphical presentation or for editorial or technical reasons.
- By publishing rooms and their contents, the user or ternaty grants other users the free, simple, non-transferable right to use the rooms by entering and designing them. The other users are not granted any further rights to the rooms.
- The User and ternaty may terminate the transfer of rights of use with respect to free content at any time by deleting content. Furthermore, the transfer of rights expires as soon as the profile of the participant is deleted.
- Express reference is made to the obligations and guarantees of the User pursuant to Item VI. esp. no. 7.
- Furthermore, the parties commit themselves to inform each other immediately as soon as one of the parties becomes aware of an impairment of these rights.
- ternaty shall be liable for damages caused by it or its vicarious agents only in case of intent and gross negligence. Apart from that, ternaty shall only be liable for slight negligence if an obligation is violated whose compliance is of particular importance for the achievement of the purpose of the contract (cardinal obligation). Of particular importance are such obligations, whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the user may rely. This liability is limited to foreseeable or typical damages.
- The limitations of liability shall not apply in the event of intent or gross negligence on the part of ternaty or its vicarious agents or for the absence of warranted characteristics, fraudulent intent, injury to life, limb or health or liability under the Product Liability Act.
- The objection of contributory negligence remains unaffected by ternaty. The User shall in particular be obliged to use the Software in accordance with its intended purpose, to back up data and to ensure a functional working environment.
- The User confirms that personal data provided by him/her or at his/her instigation by third parties to ternaty has been collected and processed in accordance with the relevant provisions of data protection law.
XI. Runtime and Termination / Participant Account
- The User Agreement shall run for an indefinite period of time and may be terminated by ternaty and/or the User at any time without notice.
- Guests may refrain from using the website at any time without further notice.
- ternaty may stop the operation of the Website at any time by blocking access to the URL https://ternaty.com or by not making available any updates that may be required. In this case, ternaty will inform the users in due time.
XII. Final Provisions
- The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. This applies to consumers only to the extent that the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not withdrawn.
- If the User is an entrepreneur, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the parties shall be the registered seat of ternaty. ternaty shall be entitled, but not obliged, to file suit at the registered seat of the User.
Status: 17th October 2022