Terms Of Use

Details

Kategorie: Information

Geschrieben von Grammatikus

Your use of the "A1 Deutsch: Übungen mit Tipps» App (hereinafter referred to as «Mobile App») is governed by the following terms and conditions (“Terms of Use”) as applicable to the Mobile App including the applicable policies which are incorporated herein by way of reference.

The Mobile App is owned by www.grammatikum.de.

By downloading, mere use of the Mobile App, You shall be contracting with the owner of the Mobile App. These terms and conditions including the policies constitute your binding obligations, with the use of the Mobile App.

When You use any of the services provided by us through the Mobile App, You shall be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use.

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Mobile App following the posting of changes will mean that You accept and agree to the revisions.

As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to use the Mobile App.

DOWNLOADING, ACCESSING, BROWSING OR OTHERWISE USING OF THE MOBILE APP, INDICATE YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS, SO PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by the Privacy Policy mentioned on the Mobile App.

You agree, undertake and confirm that your use of Mobile App shall be strictly governed by the following binding principles: You hereby undertake and agree not to use the Mobile App for

(a) harassing or advocating harassment of another person;

(b) transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;

(c) promoting illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

(d) infringement or violation of any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;

(e) promoting any illegal or unauthorized copy of copyrighted work such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices

(f) providing material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

(g) providing instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

(h) uploading, transmitting, sharing links of any video, photographs, or images of another person (with a minor or an adult) without proper permissions

(i) accessing or attempting to gain unauthorized access or exceed the scope of authorized access to the Mobile App or to profiles, account information, or other areas of the Mobile App or solicits passwords or personal identifying information for commercial or unlawful purposes from other Clients;
(j) engaging in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes related to the Mobile App

(k) soliciting gambling or engaging in any gambling activity which We, in Our sole discretion, believe is or could be construed as being illegal;

(l) interfering with another Client’s use and enjoyment of the Mobile App or any other individual’s Client and enjoyment of similar services;

(m) harming minors in any way;

(n) infringing any patent, trademark, copyright or other proprietary rights, trade secrets

(o) violating any law for the time being in force; in whatsoever manner

(p) transmitting, sharing, uploading links of any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

(q) threatening the unity, integrity, defence, security or sovereignty of Germany, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

(r) offering or attempting to offer any item which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

(s) You shall not create liability for us or cause us to lose (in whole or in part) the services offered through the Mobile App Platform.

PROHIBITED USE OF MOBILE APP

1. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Mobile App or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Mobile App or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Mobile App. We reserve our right to bar any such activity.

2. You shall not attempt to gain unauthorized access to any portion or feature of the Mobile App, or any other systems or networks connected to the Mobile App or to any server, computer, network, or to any of the services offered on or through the Mobile App, by hacking, password “mining” or any other illegitimate means.

3. You shall not probe, scan or test the vulnerability of the Mobile App or any network connected to the Mobile App nor breach the security or authentication measures on the Mobile App or any network connected to the Mobile App. You may not reverse look-up, trace or seek to trace any information on any other Client of or visitor to Mobile App, or any other customer, including any account on the Mobile App not owned by You, to its source, or exploit the Mobile App or any service or information made available or offered by or through the Mobile App, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Mobile App.

4. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name, domain name used by us or otherwise engage in any conduct or action that might tarnish the image or our reputation or otherwise tarnish or dilute any trade or service marks, trade name and/or goodwill associated with us owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Mobile App‘s systems or networks, or any systems or networks connected to the Mobile App.

5. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Mobile App.

6. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal, You send to us on or through the Mobile App or any service offered on or through the Mobile App. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.

7. You may not use the Mobile App or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Mobile App owner and / or others.

8. You shall not engage in sharing any services being provided to You through the Mobile App or related to us with any person including but not limited to individuals, companies, entities etc. You may not transmit any chain letters or unsolicited commercial or junk email to other Clients via the Mobile App.

9. It shall be a violation of these Terms of Use to use any information obtained from the Mobile App in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent. In order to protect our Clients from such advertising or solicitation, we reserve the right to restrict your usage of the Mobile App for a reasonable period which we deem appropriate in our sole discretion.

10. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Mobile App) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and You hereby expressly authorize us to) disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

11. We reserve the right, but has no obligation, to monitor the materials posted on the Mobile App. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. In no event shall the Mobile App assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Mobile App.

12. It is possible that other Clients (including unauthorized Clients or “hackers”) may post or transmit offensive or obscene materials on the Mobile App and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Mobile App, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Mobile App You acknowledge and agree that we are not responsible for the use of any personal information that You publicly disclose or share with others on the Mobile App. Please carefully select the type of information that You publicly disclose or share with others on the Mobile App.

13. The owner of the Mobile App will shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

14. You shall not reverse engineer the Mobile App in whatsoever manner. You shall not build any products, services competing to us, our business, the our Mobile Apps.

15. You shall not tamper with the Mobile App in whatsoever manner. In addition, you shall not also tamper with the licensing system provided to You through the Mobile App.

16. You shall not gain any unfair advantage using, tampering with the Mobile App, licensing system etc.

17. You shall not gain or attempt to gain unauthorized access in whatsoever manner to the Mobile App.

CONTENTS POSTED

The Mobile App may contain images, names, logos of various organizations which is a third party content. The Mobile App is merely an intermediary for this purpose.

The Mobile App hereby acknowledges that such third party content is owned by the respective owners.

You hereby agree to use such third party content only for a specific purpose of providing services. You acknowledge and agree not to use such third party content for any other purpose. In addition, you shall not copy, post such third party content on any medium including electronic by way of emails, social media, over the top applications like whatsapp, viber, chats, media etc.

INTEGRATION WITH THIRD PARTY PROVIDERS

The Mobile App may integrate the mobile based platform with third party providers including but not limited to payment gateways, service catalogs etc. and may share data for facilitating transactions.

LIABILITY

The Mobile App shall not be responsible for any issues relating to incorrect computations, failure of payments.

The Mobile App shall not take any responsibility, liability for the images, content, services including any third party content. The Mobile App does warrant and endorse such third party content in whatsoever manner.

CLIENT OBLIGATIONS

1. You shall be obliged to provide accurate information and other details to us

2. You shall also adhere to the minimum age requirement i.e. 13 years as defined by the law of the land

3. You shall read all the policies, terms mentioned in the Mobile App

4. You shall not copy or use the information contained in the Mobile App

5. You shall ensure compliance to the Client Review policy contained herein

6. You shall ensure confidentiality with regard to your account credentials including but not limited to passwords

7. You shall be responsible for all activities you do using your account

8. You shall not tamper with the Mobile App

9. You shall not transfer the license given by us to any other person, business, location without written authorization

10. You shall be keep your credentials, passwords reasonably secure

11. You shall ensure compliance with the TERMS OF USE as mentioned herein at all times

12. You shall not engage in any activities mentioned in “PROHIBITED USE” (mentioned herein) either directly, indirectly or in whatsoever manner

OFFERS AND PROMOS

The owner shall not be responsible in whatsoever manner for any offers and promos. The Mobile App is only a mere displaying platform for this purpose.

WARRANTIES AND LIABILITY

This Mobile App, all the services, included on or otherwise made available to You through the Mobile App are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, the Mobile App does not warrant that: This Mobile App will be constantly available, or available at all; or the information on this Mobile App is complete, true, accurate or non-misleading.

The owner shall not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Mobile App.

You shall be responsible for all the data, content, information uploaded by You on, through the the Mobile App.

The owner of the Mobile App does not warrant that the information, Content, materials, product (including software) or services included on or otherwise made available to You through the Mobile App; their servers; or electronic communication sent from us are free of viruses or other harmful components.

Nothing on the Mobile App constitutes, or is meant to constitute, advice of any kind.

INDEMNITY

You shall indemnify and hold harmless the Mobile App, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

DESCRIPTION AND CONTENT

The owner does not warrant that the description or other content of this Mobile App is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

LIMITATION OF LIABILITY

IN NO EVENT SHALL, THE OWNER OF THE MOBILE APP BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, and EVEN IF CLIENT HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

The Mobile App may include inaccuracies and errors. Changes and improvements are periodically made to the Mobile App.

APPLICABLE LAW / JURISDICTION

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of Germany.