General Terms and Conditions of Business (GTCs)
General Terms and Conditions of Business (GTCs) for the Castl portfolio of products and services
At Castl, we are committed to providing our users – which means you – with fair, simple and transparent information.
These Terms and Conditions of Use (GTCs) thus clearly set out all the rights, responsibilities, data protection provisions and details in relation with our products and services.
Please read these GTCs carefully before accessing Castl services.
When we refer to the ‘user’ in these GTCs, we mean you.
When we refer to Castl in these GTCs, we mean
1.1 Castl operates an interactive platform as well as mobile applications (jointly referred to as ‘Castl products’). Castl offers the following apps, apart from and in connection with the services on the platform
- Castl SocialTainment app, hereinafter abbreviated to Castl app
- Castl SuperStar as a smartphone game
1.2 The use of Castl products requires a one-off registration (see Paragraph 4 below). Our Castl SuperStar smartphone game can also be played without registering. General descriptions concerning Castl can be viewed without registration.
1.3 Castl’s aim is to rock both you and your mobile phone, and allow you to enjoy many unforgettable moments on and with Castl. At Castl, we know how to celebrate, and we hope to party together soon.
We believe there is a need for companies that combine their economic success with important topics for the future, and you decide what these topics are. At Castl, you will find major projects by trustworthy organisations tackling the big issues of the future. Use your Stars to support the things close to you heart. Plus, you can also earn Stars with fantastic images, videos and contributions. Rocks.
You are also entitled to expect us to store our date securely and carefully. As a Swiss company, we are required to commit to stringent data protection measures. If you delete data that you have not yet shared with others, these data will also be deleted from our servers. You retain the image rights and copyright pertaining to anything you supply to us; you generally grant us only a temporary, non-exclusive right to your images.
And what is that to do with the CarmaMeter and Carma Points(CPs)? Read these GTCs to find out.
2. VALIDITY OF THE GTCs
2.1 We offer our products on the basis of these GTCs. As a user, you accept these GTCs together with all further agreements and documents referred to therein, either through (i) using our products where no registration is required, or (ii) your registration.
2.2 You are not permitted to register, or use these products, without accepting these GTCs.
2.3 These GTCs apply to all access points, including (sub) domains or mobile applications of Castl products.
3. SUBJECT OF THE CONTRACT
The subject of the contract is the use of Castl products by you. Castl currently offers you the following products:
3.1 Castl SocialTainment as an app for iPhones and Android smartphones and in the future for additional smartphones worldwide; the app may be isolated on the smartphone, but can in certain instances be used in connection with the Castl.rocks platform.
3.1.2 We would expressly like to make you aware that when your mobile phone provider transfers data between your smartphone and the Castl servers, costs may be incurred for which you are liable.
3.1.3 The mobile applications are available only to smartphone owners.
3.1.4 Your smartphone provider may issue additional general terms and conditions to you, which you should also read and note.
3.2 The Castl SuperStar game as an app for iPhones and Android smartphones and in the future for additional smartphones worldwide.
3.3 Castl browser registration for NGOs, not-for-profit organisations and companies.
3.4 The Castl support blog
3.4.1 Castl provides a support blog for you on the castl.rocks platform. You can ask other users questions about our products via this blog.
3.4.2 Please note that it is other users, and not our staff, who respond to your questions. You therefore need to check each answer carefully before you act on it We provide no guarantee and accept no liability for these answers.
3.4.3 Please note in particular that we will never ask you for your password. Never reveal your access details in the support blog.
3.4.4 You can find our instructions for our products and the support we provide in the FAQ. For the Castl app, you can find these on castl.help
3.5 You can access only the latest version of the Castl products. Castl is entitled to change the functionalities, appearance or other features of the Castl products at its own discretion. Castl is not obliged to retain or store old versions or content.
3.6 When you download or use a Castl product, you consent to the software downloading changes, updates and additional features from us and installing these on your smartphone to improve or further develop the product.
4.1 A free one-off registration is required for use of the Castl app.
4.1.1 To register, the user must enter his full and correct details in the registration form – e.g. first name, date of birth – unless these details are indicated as optional. Registration is permitted only with the user’s proper name, i.e. made-up names, nicknames and pseudonyms alone are not permitted (these are known collectively as nickname in our app). You can also enter a nickname, and specify in your settings whether other users can see your full name only, your nickname only, or both. Please note, however, that other users can always search for you under your full name.
4.2 By registering, you make a binding declaration that you are minimum 16 years of age and that you are entitled under the law applicable to your legal capacity, to conclude contracts in accordance with these Terms and Conditions. If you (i) are not of a legal age required to conclude a binding contract, or (ii) you are barred from using or accessing our products under the laws of the State in which you reside or from which you use or access our products, or (iii) if the use of or access to our products is otherwise prohibited, you are not permitted to use or access our products.
4.3.1 Only persons who are legally entitled to conclude such contracts autonomously are permitted to register with Castl. Persons under the age of 16 may not register with Castl.
4.3.2 Users aged 16 to 18 inclusive may make payments to Castl, including donated amounts, of up to a maximum equivalent of EUR 60.00 per month or EUR 240.00 per annum.
4.4 By registering, the users confirms that he is familiar with these GTCs and accepts them without limitation, that all the details he has provided are correct, up-to-date and complete, and undertakes to regularly update the registration information.
4.5 Only one activated user account with Castl is permitted per user. With a private user profile, however, you can create different profile types, such as an artist profile for example.
4.6 Following successful registration and activation of his account, the user can log into the Castl product he registered for, and onto the Castl platform, by entering his email address or mobile telephone number (also called Castl ID) and his chosen password.
4.7 The user has no entitlement to registration with Castl. Castl reserves the right to refuse users without specifying any reasons. Any data submitted will be deleted immediately in this event.
4.8 If the user submits incorrect, old or incomplete information, or if Castl has justifiable reasons to assume that information is incorrect, old or incomplete, Castl is entitled to block or delete the respective user account with immediate effect and without prior notice, and to prohibit current and future use with no obligation to refund costs to the user. In this event, Castl is entitled to delete the Star balance on the user account.
4.9 Castl reserves the right to contact the user at any time to verify the registration data or inform him of developments.
4.10 Castl provides no guarantee for the user’s actual identity since identifying people online is difficult. Each user must be personally satisfied with the identity of another user before entering into interaction with him of any kind, e.g. adding him as a friend or sending messages. This applies equally where a user is displayed as a verified user.
4.11 Castl may provide special or free offers to which additional conditions or restrictions apply. These special promotions and offers are not transferable from one user to another.
4.12 Castl is entitled to wholly or partially halt its service and delete user profiles if Castl is no longer in a financial position to offer its services, or this becomes factually impossible or legally inadmissible. In such situations, the user concerned has no rights to recompense whatsoever (e.g. claims for compensation, claims for payment, rewards) against Castl, unless Castl, or an individual for whom Castl is responsible, triggered the situation through wilful or gross negligence.
4.13 Verified users can also use their status as a verified user to verify their identity with other third-party services if and to the extent that we offer this, and provided there is no disproportionate effort required on our part. The user has no entitlement to this service. The status ‘verified user’ is indicated in the user’s profile by a green check mark, and is visible to other users.
5. EMAIL, SMS AND PUSH NOTIFICATIONS
5.1 Unless specified otherwise in these GTCs, we will communicate with you using the email address and mobile number you provide in your account, or via Castl Chat. Emails that we send to this email address are assumed to have been delivered, as are SMS messages that we send to this mobile phone number or Castl Chat message.
5.2 We will use the Castl app to send you push notifications about ourselves and our products as well as information that may be relevant to you with respect to your location or areas of interest. You can manage these push notifications in your smartphone setting, and deactivate or reactivate them at any time.
6. PROTECTION AGAINST IMPROPER USE
6.1 Everything that takes place under your profile using your registration details is attributed to you.
6.2 The user must protect his registration details against unauthorised access and improper use by third parties, and change his password immediately if it becomes known to a third party, or if the user is concerned that it could become known to a third party. The user must report any unauthorised or improper use of his account, and any suspicion that his account could have been exposed to such a risk, by email to firstname.lastname@example.org.
6.3 Castl is entitled to temporarily or permanently block a user’s account in the event of improper or unauthorised use of the account.
6.4 In the event of improper use, in addition to the damage arising from such improper use, the user must reimburse Castl for the costs of uncovering and halting the improper use.
7. THE CASTL STARS, CARMA POINTS (CPs), CHALLENGES, COMPETITONS
7.1 When you register in the Castl app, you will receive CastlStars from us (hereinafter abbreviated to ‘Stars’). We call these Stars, and the Stars that you receive when you complete your profile or in the context of promotional campaigns or that you win by joining a Clan or by taking part in competitions, ‘Promotion Stars’.
Stars that are purchased, Stars from CarmaShips and shooting Stars that you catch are ‘Value Stars’.
7.2 Stars are not a virtual currency. The Stars are a points system within a community whereby users allocate points to other users for their contributions in the form of Stars. The intention is to create a great SocialTainment experience for all users while providing excitement and fun and at the same time supporting important issues of the future.
7.3.1 you can dispose of these Stars by giving them to a user for their promotions (e.g. for a contribution, images and videos that you like), or by giving Stars to an NGO registered with Castl for a project promoted on Castl. If you (i) give another user Stars, these will be deducted from your Star balance and (i) credited to this user’s Star balance and (ii) your CarmaMeter value may increase. You can give another user a maximum of 40 Stars per day.
7.3.2 If you give Stars to an NGO project promoted on Castl, we will donate the equivalent value of these Stars to the NGO in question. This applies equally when you purchase a CarmaShip+ Package. The conversion rate is 400 Stars = 1.00 euro. Please note that this conversion rate applies solely to our donations to registered NGOs and that no rights may be derived from this.
7.3.3 Allocated Stars cannot be retrieved or their return requested.
7.4.1 You can increase your balance of Stars at any time by purchasing Stars. As soon as you pay for the Stars, they are credited to this balance. Stars are settled in EUR. If the account that you use for your Stars is in a different currency, you bare the currency exchange risk.
7.4.2 The user guarantees to Castl and is liable to Castl that he
- will not pay using cash derived from criminal and/or illegal activities;
- will not purchase Stars for other users;
- will not acquire Stars from other users;
- will not use credit cards or other means of payment for which he is not authorised;
- will not purchase Stars where this, or the Castl products or associated services are not permitted in the user’s particular country.
7.5 If you wish, you can also buy Stars via in-app purchases.
7.6 The provider’s additional terms and conditions may apply. If a payment transaction is cancelled for reasons for which you are liable, you must pay Castl a fixed fee of EUR 15.00 for the costs of processing the payment reversal. Stars purchased with the cancelled payment transaction will be revoked retroactively.
7.7.1 You can invite your friends and acquaintances to the Castl app by letting them have a Clan code.
7.7.2 Any user who you ‘rock’ in this way, or who claims to have come to Castl through you once they have registered, will become part of your Clan.
We call the users in your Clan who you have personally rocked the ‘First Clan’.
Every rocked user, and every user who rocks other users, has his own Clan, and belongs to other users’ Clan.
7.7.3 In your Clan, you will see the name and profile picture of the users you have rocked and brought to Castl. They are your First Clan. Conversely, any user who has rocked you and so brought you to Castl will see your name and your profile picture in his Clan.
7.7.4 Once you have two or more active Clan members, you become a ‘Chief’. We are entitled to increase the number of Clan members you need for the status of Chief. Any such increase may result in you losing your Chief status. This applies equally when the users in your Clan are no longer active. Whether they are active is displayed in the ‘My Clan’ area of the app.
7.7.5 Users in the First Clan are automatically friends with you. You can ‘unfriend’ a person by clicking on ‘unfriend’ in the friend’s profile.
7.7.6 CarmaShip Hall of Fame: As soon as this feature is available, a Stars bonus will be awarded each month to the users, identified by their profile name and profile picture, whose Clans generate the biggest ‘volume of donations’, i.e. those that gave the most Stars to NGO projects in the Castl app. Only the First Clan is taken into account. There is no entitlement to these awards with Stars bonuses. The amount of Stars rewards is shown in the Hall Of Fame with each ranking.
7.8 The StarGate, the Stage (your contributions), the SuperStar and Challenges:
7.8.1 As a user, you are entitled to display maximum one of the images you have uploaded in StarGate at the same time.
7.8.2 Contributions, images and videos in StarGate, on the Stage and in Challenges are never private. For example, if you post an image in StarGate or the Stage, all Castl app users, selected by a filter which we define (radius around location, interests), can see the image together with where it was uploaded, your name and your profile picture, and give you Stars for the image.
7.8.3 You can expand the geographical reach of the image in StarGate by purchasing a SuperStar and redeeming it for that image. More users will then see your image and details pursuant to 7.8.2 and can award you Stars. You purchase and pay for the SuperStar in the same way as Stars, and can use it at any time to increase the reach of an image in StarGate. SuperStars cannot be exchanged or redeemed for money or Stars, even when you close an account.
When you redeem a SuperStar for your Stage contribution, your contribution will be displayed once, at the top of the contributions, to all users who open their Stage. If multiple users redeem a SuperStar for Stage contributions at the same time, it’s possible that your contribution will be ranked below another contribution with a SuperStar, although it will always appear above all contributions with no SuperStar.
If you post a Challenge entry with a Superstar, you will enter the race with a 50 point lead.
7.8.4 Make sure your image is entertaining or appealing in some other way. The better your image, the more Stars you can get for it.
7.8.5 Castl provides no guarantee and accepts no liability with respect to whether and how many Stars you will get for your image in StarGate, or whether you will receive more Stars than your SuperStar cost.
7.8.6 You are not permitted to contribution images of a commercial nature in StarGate and on the Stage. You may not, therefore, advertise goods, services, events and other offers. Artists may display their own work, however, provided they do not specify any prices.
220.127.116.11 There are ‘Challenges’ on Castl, where our users can fulfil ideas for contributions proposed by ourselves or other users. Users taking part in a Challenge may interpret and change the idea for contributions as they wish. Images and videos used to announce a Challenge are therefore not an invitation or instruction on how to fulfil the Challenge; they simply show how someone else interpreted the Challenge.
Users who participate in a Challenge by publishing photos and videos via the ‘participate’ button are involved in determining the winner of the Challenge through user voting. User voting entitles all verified users to award points for Challenge contributions. The Challenge contribution with the most points wins.
Taking part in such Challenges is voluntary and as the user’s own risk. You may participate in a Challenge only if you are of an appropriate age and capacity, you do not breach any legislation by doing so and do not expose yourself, others or property over which you do not have sole control to a risk or hazard. It is your responsibility to check this before taking part in a Challenge. In particular, check the conditions and the environment (e.g. site, vegetation, weather) that you have chosen for your Challenge. If you use equipment for a Challenge contribution, do not use it for anything other than the purpose for which it is intended and follow the instructions.
These provisions apply without exception to all users of Castl, even those with the status ‘Stunt Crew’ or “Challenge Arena Participant’. These are system names with no substantive value. The voluntary nature of activity, and the freedom to interpret how it is completed, together with all the points described in this paragraph apply equally to users wearing a Stunt Crew or Challenge Arena badge. Contact us immediately if you believe that a Challenge contribution may breach these General Terms and Conditions, in particular a breach of the provisions above.
Any liability on our part for damages arising in connection with Challenges is excluded in accordance with the exclusion of liability contained in these GTCs (Point 6).
18.104.22.168 Castl may at any time delete a Challenge participation which in our opinion does not comply with the Challenge description. To keep the administrative work reasonable, we are not obliged to announce this step or to pursue objections against the deletion. There are also so-called ‘Judges’ on Castl. These are users with a special status who are also authorised to decide whether participation in a Challenge is appropriate or not. If a Judge classifies your contribution as inappropriate, he may place a ‘Chuck Coin’ that is visible to all users on your contribution. If five Judges place such a Chuck Coin on the same contribution, it will also be deleted. Whether contributions are deleted by Castl or by Judges, you have no entitlement to have your contribution reinstated in the event of an error, and no claim to assert a possible loss of winnings.
22.214.171.124 Castl is entitled, at its own discretion, to extend or reduce the duration of a Challenge as necessary, or to add cash prizes.
126.96.36.199 Fair play is important to our community. Where possible, we therefore aim to verify the profile of users who take part in votes. If you have received user votes (CPs) for your contribution and this contribution is subsequently deleted by Castl, your contribution will lose these votes and your ranking may also drop accordingly.
188.8.131.52 The ranking of completed Challenges should always be considered provisional until the Challenge is indicated as ‘final’ in the ‘Hall of Fame’. For certain Challenges, in particular where objections are received from users, Castl will check that all the votes were cast by legitimate users and that the ranking is plausible.
If the ranking is the result of technical errors of user manipulation, we can correct this at any time.
184.108.40.206 Castl monitors the accuracy of the Challenge- ranking by carrying out random checks. This check is always voluntary and there is no legal entitlement to it. We decide at our own discretion whether a ranking seems plausible, and can change it at any time if necessary, for example by blocking unverified, suspicious profiles, or through other measures. If a Challenge is manipulated by one or more users, Castl is entitled to delete this Challenge, in which event participants have no claim to compensation for a possible loss of winnings.
220.127.116.11 We are entitled to delete ongoing Challenges at any time, including before the normal term, in which event participants have no claim to compensation for a possible loss of winnings. This applies in particular, but not exclusively to Challenges with inappropriate content such as pornography, violence, animal cruelty, racism and such like.
7.9 Depending on the number of Stars you have, and your level (number of Carma Points), you can exchange Stars in the Star Shop for certain material prizes (e.g. gadgets and products). We call these ‘Rewards’. Rewards cannot be redeemed for cash.
7.9.1 If you choose a reward, we will first check your credit balance to prevent improper use.
7.9.2 If the validity check does not result in any suspicion of improper use, you will receive the reward within 14 calendar days provided you pay costs of postage, packaging, and any shipping insurance via one of the permitted payment methods, as notified to you with the information about the reward you would receive.
7.9.3 If the validity check results in a suspicion of improper use, we are entitled to refuse the reward, stating our suspicion.
7.9.4 If during a validity check, you fail to provide the information requested despite an extended deadline of 10 calendar days, we are entitled to freeze either further ‘rocking’ (recruiting) of new users and your clan, or your entire profile. During this period, you cannot receive or award Stars and cannot use the full functionality of the app until the information requested has been provided. One year after your account has been frozen, we are entitled to delete your account without contacting you further. Your Stars credit balance expires and you have no entitlement to compensation for the Stars.
7.9.5 Castl is entitled to request proof of your identity if you choose a reward for example by a uploading a short video in which you speak words provided by us while looking into the camera.
7.10 You are personally responsible for determining whether and what taxes, fees or levies you must pay as a result of claiming a reward or Challenge prize.
7.11 If you delete your account, or are permanently excluded from the Castl community, your Star credit balance will also expire.
7.12 Castl is entitled to correct your Stars credit balance and your Carma Points retrospectively if the balance is due to a technical error or fraudulent behaviour, or if a Stars purchase is cancelled. Castl is also entitled to correct your Stars balance in the event of cancellation of a Stars purchase, particularly if you have received Stars from another user whose Stars purchase was cancelled.
7.13 You are not permitted to ask other users to give you Stars. You may not grant or promise other users advantages in terms of Stars and votes during Challenges.
7.14 Begging for or fraudulently obtaining Stars and votes during Challenges, in particular in conjunction with pleading neediness, is prohibited.
7.15 Stars are purchased through third-party payment services providers such as e.g. Apple in-app purchase. You will receive an invoice from them for all transactions that are subject to VAT.
7.16Shooting Stars, awards, competitions, Carma Race
7.16.1 Shooting Stars fly into the Castl app picture from time to time. If you are skilled and fast, you might catch one of them. In exchange, you will receive Stars which we will add to our Stars credit balance. Castl is the first community to share advertising revenues with users in this way.
7.16.2 We may revoke this programme at any time should its continuation no longer be possible for legal or economic reasons.
7.16.3 Castl will occasionally organise competitions on the app, and award cash prizes for Challenges set by Castl. Participation is restricted to natural persons who have a standard user profile with Castl in accordance with these GTCs. Every competition is subject our data protection provisions available from https://castl.rocks/de/datenschutz/. Individuals who work for Castl and its associated companies, and their family members, are not permitted to take part. This applies equally to people who help us as volunteers. Before awarding the prize, Castl is entitled to request verification of your details. For example, you can verify your account by uploading a short video with Finger-C, in which you speak words provided by us while looking into the camera Should we have doubts with respect to your verification, we are entitled to request further documents as evidence. Castl is entitled to withhold the prize until the required evidence has been provided. Should you fail to comply, or to comply satisfactorily with our request within four weeks, the claim to the prize expires.
7.16.3 Whether or not you can win prize money in a Challenge is indicated in the app for each Challenge. There are instant prizes and Chief rewards. You can claim payment of a Chief reward only if you have the status of ‘Chief’ at the time of your Challenge victory. You can check your Chief status in the app by going to ‘My Clan’. Instant prizes can be paid out to you even if you are not a Chief. The maximum possible prize for all participants is always the number displayed in the banner directly below the Challenge. Should there be different numbers in the Challenge description, the figure in the banner still takes precedence.
In the case of both the Chief reward and the instant prize, you are entitled to claim the prize only if you first post a short thank-you message on your profile to the users who voted for you with the hashtags #castlprize #castlreward. Your face must be clearly visible on your thank-you message, make a Finger-C and hold the print-out of the Castl prize certificate in your hand. If you fail to post a correct thank-you message within 20 days of receipt of the prize certificate, your claim expires.
7.17 If you have any questions about the Stars, please contact us at email@example.com.
7.18 The CarmaMeter and Carma Points (CPs)
7.19.1 How many Stars do you give other users for their contributions? Do you vote for other Challenge contributions, and actively get involved yourself? Do you support charitable projects with your Stars? Do you embark on a voyage of discovery through the app and click on the furthers-flung corner of the Castl galaxy, or do you stick to using just a few functions? How entertaining are your contributions for other people? How can other users find your pic in StarGate? How interactively do you communicate with other users, and do you help others to use Castl correctly, e.g. through contributions and answers to questions in the support forum? Do you vote for other users’ Challenge contributions and comment on their contributions? Do you create your own Challenges for others?
7.19.2 All this says a little bit about you, and the CarmaMeter uses a unique algorithm to convert your story into figures. Around your profile picture, it shows you how many Carma Points and which level you have reached with your usage behaviour to-date. Your points tally of course changes continually depending on your usage, and can also decrease. Together with your number of Stars, your Carma Points decide whether and which rewards you can exchange in the Star Shop.
You can see which rewards you can exchange for how many Stars and Carma Points by going to ‘Star Shop’ in your profile.
7.19.3 You can see your own and other users’ Carma under Information – ‘Show Carma details’. Other users can also see your Carma and the details.
8. SPECIAL PROVISIONS FOR NGOs and ARTISTS
8.1.1 Non-Governmental Organisations (NGOs) that are not-for-profit can register as users of the Castl app, create an NGO profile and promote their projects there free of charge. The precise possibilities result from the functionality of the Castl app. Project refers to a concrete initiative by an NGO registered in the Castl app, with a defined goal published in the Castl app that needs donations to make it happen.
8.1.2 NGO registration is completed by a suitably authorised individual. Castl is entitled to request proof of this individual’s authorisation both from the individual and from the respective NGO.
8.2 These GTCs apply to NGOs unless specified otherwise in these special provisions.
8.3 Directly or indirectly profit-making or other commercial projects or projects that promise or offer the prospect of a consideration in return for a donation must not be posted or promoted in the Castl app. Furthermore, projects that serve to directly or indirectly support or promote political parties or their sub-organisations or support Chambers or other interest groups are also inadmissible.
8.4 Promotion of projects:
8.4.1 When promoting a project, users must be provided with truthful, complete, simple, transparent and concrete information about the project. Users must be informed of the project goal, the use donations collected will be put to, the project location and the project timeline.
8.4.2 NGOs are entitled, and indeed obliged, to regularly promote their projects in the Castl app and to regularly, however at least once a month, update these projects and to inform users truthfully regarding project progress or delays. In doing so, the NGOs should provide photos, linked documents and/or videos.
8.4.3 The NGO must appoint a project manager for each project to serve as the point of contact for Castl and for users of the Castl app. The project manager’s contact details (email -address, telephone number) must be published with respect project promoted.
8.4.4 Castl is entitled, but not obliged, to keep completed projects visible as competed or inactive projects. No further donations can be made to such projects.
8.5 NGOs can collect Stars from users. The Castl app offers three options here:
8.5.1 Irregular Stars from users:
Users transfer Stars on an ad hoc basis when the NGO posts a contribution on the Castl Stage.
There is a maximum number of Stars that a user is permitted to transfer to an individual NGO each day. We will modify this value from time to time in accordance with user behaviour. If a user wants to give an NGO more Stars, he can simple transfer Stars over several days, or purchase a CarmaShip+.
8.5.2 Regular, e.g. monthly Stars from users in the form of so-called CarmaShips+
8.5.3 Half of the Stars won by the victor in a Challenge are automatically allocated at the end of the Challenge to the NGO selected by the victor when taking part.
8.6 NGOs receive the name and the profile picture of the users that give them Stars. Processing of these personal data outside the Castl app is prohibited. NGOs are liable for all infringements of this obligation, and fully exempt Castl from all claims arising from any such infringement.
8.7 The Stars transferred by users are credited to the NGO’s Stars credit balance.
8.8.1 Once an NGO has more than 100,000 Stars in its Castl account, it can request a donation from us. Castl undertakes to transfer 1 euro to the NGO for every 400 Stars. When Castl has made the donation, the Stars are deducted from the NGO’s Castl account. NGOs do not pay a withdrawal fee. Castl is entitled to request from the individual requesting payment on behalf of the NGO, and/or from the respective NGO, proof of that individual’s authority.
8.9 NGOs are obliged to use non-project-specific donations from users exclusively for projects by this NGO. Project-specific donations from users must be used exclusively for this project. In the event of an infringement of these obligations Castl is entitled, without prejudice to its other sanctions options pursuant to Point 12, to demand repayment of the donations made. In the event of successful recovery, Castl undertakes to distribute the recovered amount among all other NGOs registered in the Castl app.
8.10 NGOs are obliged to publish the project-related Star amount for all users of the Castl app.
8.11 NGOs must comply with all legal provisions that apply to them.
8.12 Point 13.5 applies to own symbols and logos uploaded by NGOs to the Castl app. Castl is entitled to make reference to the cooperation with the NGO, using its name and symbols – including outside of the Castl app. Conversely, the NGO is entitled to make reference to the cooperation with Castl using the logos provided by Castl – including outside of the Castl app. Changes to the graphical design of the mutually used symbols and/or logos are permitted only with the prior consent of the respective other party.
8.13 Approaching users individually – in particular for the purposes of fund-raising – is not permitted. All forms of product advertising are also prohibited.
8.14.1 NGOs without a Donations Seal of Quality (Spendengütesiegel) are obliged to grant Castl or a third party appointed by Castl access, without notice but during standard working hours, to its business premises and project locations promoted in the Castl app as well as inspection of all documents associated with such projects to allow Castl or a third party appointed by Castl to audit the use of donations in accordance with these GTCs.
8.14.2 If such access or inspection is not granted, not granted to a sufficient extent, or not granted within two Swiss working days (‘delay‘), Castl is entitled, without prejudice to its other sanctions options pursuant to Point 12 and regardless of whether donations have been misused, to demand an immediately payable contractual penalty of EUR 1,000.00 for each part-week of the delay. Payment of the contractual penalty does not exempt the NGO from its contractual obligations, in particular not from its obligation pursuant to 8.17.1. The assertion of further damages is permissible.
8.14.3 Castl is entitled to offset its claim for a penalty payment against the NGO’s Stars credit balance.
8.14.4 Castl will use the penalty payment to cover the costs of the (attempted) audit. Any excess will be distributed equally among all the other NGOs registered on Castl.
8.15 Castl may impose the sanctions pursuant to Point 12 on NGOs in particular where an NGO is in breach of the provisions of Point 8.
8.16 We define artists as those who produce their own creative works under copyright. These may include musicians, photographers, painters, writers, video producers, actors and literary figures. Users may create an artist profile only if they have registered in accordance with these GTCs.
8.17 You may make available only works for which you have all the necessary rights pursuant to Points 11.1.2 and 11.1.3.
9. TERMINATION OF USE BY THE USER
9.1 You are entitled to terminate the use of Castl products at any time by going to your menu settings. You will be required to confirm your termination of use once. Your details (contributions, photos, videos, comments etc.) will in this case be deactivated immediately and permanently deleted after 90 days, with the exception of the data we are required to retain for longer under mandatory retention obligations. Your chat messages will be deleted immediately. This gives you the opportunity to restore your account (with the exception of chats) 30 days after deactivation.
10. CANCELLATION POLICY (REVOCATION POLICY) FOR CONSUMERS
10.1 Where a user has registered for Castl products for a purpose which cannot be assigned to his commercial or independent professional activity, he is a consumer.
10.2 The user can conclude contracts with us in the Castl products (e.g. for the purchase of Stars, SuperStars or AdStars). These contracts in all instances relate to digital content that is not stored on a data medium. If the user of a Castl product concludes such a contract with us for digital content not stored on a data medium, he agrees that we will begin with the service immediately – and thus before the expiry of the cancellation or revocation period The user acknowledges that, as a result of our premature commencement of fulfilment of the contract, he loses his right of cancellation or revocation, which he could otherwise have exercised within 14 days of conclusion of the contract.
11. OBLIGTIONS AND CONDUCT ON THE PART OF THE USER
11.1 Every user of the Castl products is personally responsible for his activities in the context of his use of Castl products. In particular, he is obliged,
11.1.1 to provide correct details and keep these up-to-date and complete and not to pass his access details to third parties;
11.1.2 to store, publish, transmit and distribute only content – e.g. photos, images, text, illustrations or videos – which he is authorised to forward, i.e. (i) either the user holds the exclusive rights of use, or (ii) if the user does not himself hold the rights for the content he has posted, he guarantees to Castl, and accepts liability in this respect, that he has effectively obtained all the necessary rights, licences, consents and such like. This applies equally to legally protected content such as company logos and trademarks. The user has sole responsibility for this content;
11.1.3 not to upload content whose publication, use, application, reproduction or distribution may invoke an obligation on the part of Castl against third parties (e.g. usage fees, licence fees);
11.1.4 not to store, publish, transmit and distribute any racist, offensive, discriminatory, slanderous or untrue, sexual or misleading content, content that glorifies violence, or other illegal content;
11.1.5 not to send chain letters or messages such as mass mailings or Spam;
11.1.6 not to make any disruptive interventions in Castl products using technical or electronic aids, in particular hacking attempts, brute force attacks, the planting of viruses/worms/Trojans and other attempts to disrupt Castl software and hardware
11.1.7 not to modify the source code of Castl products or other software or otherwise attempt to extract it;
11.1.8 not to copy, distribute or transmit accessible data without the express consent of the respective copyright holder or to read them with technical aids such as crawlers or bots;
11.1.9 not to publish identity documents of sensitive financial data pertaining to other people
11.1.10 to treat other users with consideration and respect;
11.1.11 to report any of the obligations above immediately by email to firstname.lastname@example.org;
11.1.12 to regularly secure his own important personal data externally, e.g. on storage media, a hard disk or in the Cloud. Castl provides no guarantee for lost or damaged data.
12. SANCTIONS IN THE EVENT OF USER INFRINGEMENTS OF THESE GTCs
DELETION OF INACTIVE ACCOUNTS
12.1 In the event of infringements of these terms and conditions of use, and where a user creates a legal risk for Castl, Castl is entitled to impose the following sanction on the user concerned:
- Deletion of content;
- Temporary and/or partial blocking of the user;
- Partial or full exclusion (permanent blocking) of the user.
12.2 The choice of sanction is at the sole discretion of Castl. Castl is not bound by the sequence of sanctions under 12.1. The sanction depends on the intention, severity, duration and nature of the infringement. Castl will inform the user of the sanction via email or at his next attempt to log in.
12.3 If the user is excluded, the user will be blocked and may not register again.
12.4 If the user opens an account under a false name or opens multiple accounts, Castl is entitled to delete these accounts. Any available Stars credit balance will also be deleted.
12.5 Further criminal or civil court sanctions remain unaffected.
12.6 Castl is entitled to delete inactive accounts and accounts whose use appears implausible to Castl and/or set the Stars credit balance on such accounts to zero.
12.6.1 Accounts are considered inactive when there has been no activity for six months or more.
12.6.2 Use is considered implausible when it deviates from the usual or appropriate use of an account in the Castl app, because, for example, no
- photos or videos are uploaded,
- friends and clans are rocked but there is otherwise no other activity (e.g. chatting, posting, awarding Stars), or
- the CarmaMeter does not change, or only slightly
13. CONTENT AND ASSOCIATED RIGHTS
13.1 The users of Castl products are entitled to use the portfolio of products and services offered, in compliance with the statutory regulations and the provisions of these GTCs, in order to upload, store, publish, distribute and transmit content, and share content with other users. The precise possibilities result from the functionality of the Castl app.
13.2 You confirm your consent for advertising to take place in the environment of the content you have uploaded, which is marketed by Castl.
13.3.1 You grant Castl the free, non-exclusive, temporary but unlimited and transferable right of use for all content published by you in our products until the work is deleted. This right of use includes all currently known and future types of exploitation, in particular the right of duplication, distribution, publication, public performance and presentation as well as the right to make available. We are entitled to edit this content.
13.3.2 Our right of use is not restricted to the Castl products. We are entitled to use the content you have published for the purposes of our own promotion and communication outside of the Castl products, to carry out publicity activities, and to advertise our products and present them to a wider audience. This does not apply to content under the privacy setting ‘friends only’ or ‘me’. Furthermore, our right of use outside of Castl products applies only until you revoke it. You can do this by sending an email to email@example.com tun. If you revoke our right, we have 14 days in which to comply with your revocation. However, this obligation continues only insofar as we still maintain control over the content used within the scope of our right of use.
We have the same right of use for events that you post publicly under ‘Invites’.
13.3.3 Our right of use ends when you delete your content or your account, unless your content has been shared with other users and not deleted by them, or we have used it by agreement for marketing and communications purposes, and it is no longer under our control.
However, we are not permitted to sell the images and videos you have created to third parties or loan them for a fee. If you are a photographer, painter or video artist, therefore, you are still free to distribute, loan and sell your works elsewhere. If you want to do this on an exclusive basis, you must delete the work from our app to avoid any legal conflicts.
13.3.4 If you win a prize in a ranking or Castl competition with an image or video you have posted (e.g. StarGate pic of the month, CarmaShip+ Hall of Fame, Clan Rock with torch relay, challenges etc.), when we announce the ranking or winner, we are permitted to make publicly available at no cost your current profile picture, your profile name, city (without street name), country, the corresponding score and the image/video with which you have won the prize, and also use these for promotional purposes outside of the Castl app. If you refuse this in writing, we are entitled to transfer the prize the next-highest-placed participant. If you refuse only after you have received the prize, your refusal will become effective only have the prize has been returned to us.
13.4 Castl does not have any supervisory function with respect to the content created by users. This applies in particular to Challenges created by users.
13.5 Castl provides guarantee and accept no liability for the content uploaded by users, in particular with respect to the accuracy and completeness of this content. This applies equally to the accuracy of information in the support blog, where users are able to help other users.
13.6 Users’ opinions are their own opinions and not the opinions or position of Castl.
13.7 Castl reserves the right to delete content created by users, such as pictures, events or comments, without specifying reasons. The user will be informed in this event.
14. DATA PROTECTION STATEMENT
You are invited to read our data protection statement which can be found at https://castl.rocks/de/datenschutz/
15.1 Castl will undertake the technically feasible and economically reasonable (defence) measures to ensure the disruption-free and safe operation of Castl products and to protect user’s data and the content they have uploaded from unauthorised access, modification and loss. Castl provides no guarantee in this respect.
15.2 This does not, however, give the user any claim in respect of the Castl products being constantly available, since this is impossible.
15.2.1 Castl is entitled to take Castl products wholly or partially offline for maintenance activities or upkeep measures (software updates, bug fixing). Castl will make every effort to carry out such activities at a convenient time.
15.2.2 Castl provides no guarantee with respect to interruptions or disruptions caused by technical or other problems outside the scope of influence of Castl or its vicarious agents.
15.3 Castl provides no guarantee that data transported via external systems outside the scope of its influence or that of its vicarious agents, in particular the internet and telecommunication networks, will not be illegally tracked, recorded or falsified by third parties.
15.4.1 Castl provides no guarantee that the use of Castl products will not infringe third-party rights.
15.4.2 However, Castl guarantees that the content it or vicarious agent have created will, to the best of Castl’s knowledge, be available for use as agreed without infringing third-party rights.
15.5 Where users use Beta versions of a Castl product, this is on a voluntary basis and at the owner’s own risk, because Beta versions are never free from faults or defects. Beta versions are identified as such.
15.6 Legal transactions between the user and a third-party provider, e.g. in the Castl app or via linked pages or banners, lead to contractual relationships exclusively between the user and the third party provider. Castl provides no guarantee for the services of such third-party providers
16. EXCLUSION OF LIABILITY
16.1 Castl is liable only if damage is caused by gross or wilful negligence on the part of Castl or persons for whom Castl is responsible. Liability for slight negligence is excluded, except in the case of personal injury.
16.2 Liability on the part of Castl towards organisation with respect to consequential damages, purely financial losses, loss of profits and damage from third party claims is excluded as far as legally permissible.
16.3 In accordance with point 16.1, Castl accepts no liability for content downloaded from Castl products or content which the user receives as a result of using Castl products.
16.3.1 The user accepts full liability for his use of the Castl products and for any complaint or judicial or out-of-court assertion of claims, which arise from conflicts with other users or are in any way connected to them.
16.3.2 Pursuant to Point 16.1, Castl accepts no liability for damage arising from the misuse or the illegal or non-contractual use of Castl products, unless,
(i) such use constitutes gross or wilful negligence on the part of Castl or by an individual for whom Castl is responsible, or
(ii) Castl is grossly or wilfully negligent in failing to prevent such use despite its knowledge, or its grossly or wilfully negligent ignorance of the manifest illegality.
17. EXEMPTION FROM LIABILITY BY THE USER
17.1 The user exempts Castl from all third-party claims against Castl on the basis of a culpable infringement of their rights by content posted by the user or by any other use of Castl products that is contrary to the contract. In particular, the user pays the costs of any necessary legal defence of Castl, including the legal amount of all court and legal representation costs.
17.2 The user is obliged, in case of a claim by a third party, to immediately, correctly and completely provide Castl with all information available to him, which is necessary for an examination of the claims and a defence and to support Castl to the best of his ability in the examination and defence. Claims by Castl for damages against the user remain unaffected.
17.3 The exemption of liability does not apply if and so far as Castl or one of its vicarious agents is liable for the claims recorded due to gross or wilful negligence.
18. AMENDMENTS TO THESE GTCs
18.1 Castl is entitled to amend these GTCs from time to time, in particular but not only to align them with changes in statutory provisions. The latest version of the GTCs is available on the castl.rocks platform; they must be accepted before accessing our services.
18.2 Amendments to these GTCs are subject to the user’s agreement. When Castl plans to make a change to the GTCs, Castl will inform the user of this as soon as possible. Such notification will be published on the relevant pages of the Castl.rocks platform and on the device from which the user accesses the Castl products. The user is considered to have consented to the modified GTCs if he has not objected to the modified GTCs within a period of three weeks. If you do not consent to the new GTCs, you are obliged to delete your profile with us immediately and to stop using our products. In your app, please go to Privacy Settings under Profile Management and click on ‘Delete account’.
18.3 In the notification of modification to the GB, Castl will refer users to the three-week period in which he can agree to the modified GTCs, and that his failure to respond will be considered as consent to the modified GTCs.
19. OTHER PROVISONS
19.1 In the event of a user’s death, we will delete his account. Heirs are not entitled to take over an account or continue it in any other way.
19.2 Employee profiles: Employee profiles of Castl employees and representatives are specially marked, restricted and time-limited for the employees concerned. Individuals who are employed or work in a self-employed capacity for us, Castl Holding AG and/or Radiocity Infotainment GmbH, and their relatives, are excluded from participating in the CarmaMeter Game and do not receive any Stars when reaching a Carma level of 100%. They are further excluded from all other games and awards where users receive Stars directly from Castl. Furthermore, employee profiles are limited for the duration of the contractual relationship. If the contractual relationship on the basis of which these individuals work for us, Castl Holding AG and/or Radiocity Infotainment GmbH ends, we are entitled to delete the balance or the account of the individual concerned.
19.3 For consumers as defined by Point 10 of these GTCs, these GTCs shall apply only to the extent permitted by mandatory law.
19.4 Should individual provisions of these GTCs become invalid or unenforceable, the remaining provisions remain unaffected. The invalid or unenforceable provisions shall be deemed replaced by valid and enforceable provisions which come as close as possible to the economic purpose of the invalid or unenforceable provision (severability clause).
19.5 These GTCs, the entire legal relationship (e.g. from the purchase of Stars) and disputes between the users and Castl are subject exclusively to Swiss law, with the exception of the reference provisions and the UN convention on the international sale of goods. However, mandatory consumer protection provisions of the country in which the consumer has his usual place of residence remain applicable irrespective of the choice of jurisdiction.
19.6 Our employees are not entitled to place us under obligation through declarations of any type or form. Only the managing directors named in the imprint of our platform www.castl.rocks and in the imprint of the Castl app can effectively make binding declarations on behalf of Castl.
19.7 The place of fulfilment and sole court of jurisdiction for all disputes is 9427 Wolfhalden in Switzerland.