Terms and Conditions for the cyoub APP
Last Update 3.7.2015
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the cyoub APP (the "Service") operated by the company cyoub UG ("us").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Acceptance The Use Of cyoub Terms and Conditions
Your access to and use of cyoub is subject exclusively to these Terms and Conditions. You will not use the APP for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the APP you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the APP.
The contents of cyoub APP do not constitute advice and should not be relied upon in making or refraining from making, any decision.
All material contained on cyoub is provided without any or warranty of any kind. You use the material on cyoub at your own discretion.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Links To Other Web Sites
Our Service may contain links to thirdparty web sites or services that are not owned or controlled by cyoub UG .
cyoub UG has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that cyoub UG shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any thirdparty web sites or services that you visit.
These Terms shall be governed and construed in accordance with the laws of germany ,ithout regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
You agree to indemnify and hold cyoub and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against cyoub arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this APP.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.
All copyright, trade marks and all other intellectual property rights in the APP and its content (including without limitation the APP design, text, graphics and all software and source codes connected with the APP) are owned by or licensed to cyoub or otherwise used by cyoub as permitted by law.
In accessing the APP you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the APP for personal, non-commercial home use only.
Use and Conduct
You acknowledge that creating, submitting or sharing your User Content may give rise to various types of legal liabilities and you represent that your User Content (whether or nor you are the author of such content) complies at all times (both when first submitted and throughout its accessibility on the Service) with the TOS and all applicable laws. You understand that cyoub does not pre-screen User Content and is not liable for the content (including User Content) transmitted by users. You agree that you may not download, reproduce, modify, display, perform, transfer, distribute or otherwise use the Service, except as provided under these TOS, and you agree to take all reasonable steps to prevent the unauthorized use of the Service.
Third Party Sites and Interactions with Third Parties The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet (“Third-Party Sites”). cyoub has no control over Third-Party Sites or other Internet resources. These resources, content and services are provided to you “as is” to facilitate your web browsing. cyoub does not endorse any Third-Party Sites. cyoub is providing these links to you only as a matter of convenience, and in no event will cyoub be responsible for any content, products, or other materials on or available from such Third-Party Sites. In your use of the Service, you may enter into correspondence with, purchase goods and/or services, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. cyoub will have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party. cyoub reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service. Third Party Services You may enable various online services, such as social networking sites, to be directly integrated into your cyoub experience.
However, please remember that the manner in which third party services use, store and disclose your information is governed solely by the policies of such third parties, and cyoub will have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service. In addition, cyoub is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with third party services.
As such, cyoub is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party service. cyoub enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation. Categorizing User Content You may post and share User Content through the Service. When posting User Content it is your responsibility to clearly and truly identify its nature to ensure its classification in the proper category. This is necessary for the respectful operation of the Service and in order to protect other users by identifying content that may be inappropriate. You acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against cyoub relating thereto. Commercial Use Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use and may not be used by you for direct commercial endeavors.
Intellectual Property of Others
Under no circumstances will cyoub be liable in any way for any content posted by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the Service. You acknowledge that cyoub does not pre-screen content, but that cyoub and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, cyoub and its designees will have the right to remove any content that violates these TOS or is deemed by cyoub, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Service
You are solely responsible for the content and other materials you post on or through the Service or transmit to or share with other users or recipients, including User Content. You will not transmit any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By transmitting any User Content you hereby grant and will grant cyoub and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable (through multiple tiers), perpetual, irrevocable license to reproduce, copy, create derivative works of, display, transmit, perform, distribute, cache, store, resell, market, promote, modify and otherwise fully use and exploit your User Content in any way (including but not limited to for redistributing part or all of the Service and or derivative works thereof in any format or channel, for commercial purposes or otherwise), in any form, medium or technology now known or later developed, without compensation or acknowledgement to you. You hereby waive any claims you may have based on any usage of User Content or the works derived therefrom including but not limited to claims for invasion of privacy, publicity or libel. To the extent allowed by law, any license you grant cyoub hereunder includes all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be referred to as “moral rights,” “artist’s rights,” “droit moral,” or the like.
Furthermore, you agree that notwithstanding any rights of publicity, privacy or otherwise (whether or not statutory) anywhere in the world, and without any further compensation, cyoub may and is hereby authorized to (and to allow others to) use your image in connection with your User Content. To the extent any of the foregoing is ineffective under applicable law, you hereby provide all ratifications and consents necessary to accomplish the purposes of the foregoing to the extent possible. If any other person appears in your User Content, you represent and warrant that you have obtained the foregoing ratifications, consents and authorizations from such person for cyoub’s benefit. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to cyoub are non-confidential and cyoub will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You acknowledge and agree that cyoub may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these TOS; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of cyoub, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
DISCLAIMERS AND LIMITATION OF LIABILITY
The APP is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
To the extent permitted by law, cyoub will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the APP.
cyoub makes no warranty that the functionality of the APP will be uninterrupted or error free, that defects will be corrected or that the APP or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of cyoub for death or personal injury as a result of the negligence of cyoub or that of its employees or agents.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us