Terms of Service for BLOUT! Mobile App provided by Appyo.de

1. Acceptance

The following terms are between you and Appyo.de and constitutes a legal agreement that governs your use of the application application, which includes Software, Services and Websites. You must agree to our Terms before you use the application.

2. Legal Authority

The Using or Registering for the application is only for persons who are in the age of 18 years or older. By accepting these terms you represent that you understand and agree them and that you are legally competent.

3. Updates

Appyo.de is free to change or update these TOS from time to time without giving you notice about it. But you can always see the most current version of the TOS at any time at http://www.appyo.de/blout/TOS.html. By accepting the TOS you understand and agree that your continued use of the service is revised to the new TOS after we changed them. If we do change the TOS in that way that it will materially impact your use of the service, we may post a notice on the application, on our website, Twitter page or Facebook fan page. As part of the Service, Appyo.de may elect to update the smartphone App. These updates may be automatically downloaded and installed to third party devices or platforms. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the App. You agree that Appyo.de may automatically deliver such updates to you as part of the Service and you shall receive and install them as required.

4. Changing the Services

Appyo.de reserves the right to modify or stop the service (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to you. Without limiting the foregoing, Appyo.de may post on our website or Facebook fan page notice of such changes to the service. It is your responsibility to review our website for any such notices. You agree that Appyo.de shall not be liable to you or any third party for any modification or cessation of the service.

5. Limitations on Use

By accepting these TOS you agree to use the service only for purpose as permitted by these TOS and any applicable law. BLOUT! Is an app to show and promote events. It is prohibited to use the service in any illegal way or to harass somebody. Every person who creates and publishes an event is independent and Appyo.de is free from any risk-bearing on these venues.

6. Content

"Content" means any information that is generated or encountered through the use of the Service, for example media files, metadata, graphics, photographs, images, locations and other materials in the app. By accepting these TOS you agree and understand that any content whether privately transmitted or publicly posted is the sole responsibility of the person whom bring the content in the app. Appyo.de is not responsible for any content which is uploaded, emailed, posted, transmitted, stored or otherwise handled in the app. We do not control the content and therefore do not guarantee the accuracy, integrity or quality of content. In spite of that Appyo.de reserves the right at all times to determine whether content is appropriate and in compliance with these TOS, and may pre-screen, move, refuse, modify and/or remove content at any time, without prior notice and in its sole discretion, if such content is found to be in violation of these TOS or is otherwise objectionable.

7. Your Demeanour

By accepting these TOS you agree that you will not use BLOUT! to upload, download, post, email, transmit, store or otherwise make available any content that is unlawful, harassing, threatening, harmful, tortuous, defamatory, libellous, abusive, violent, obscene, vulgar, invasive of another's privacy, hateful, racially or ethnically offensive, or otherwise objectionable as well as not stalk, harass, threaten or harm another person. You are not allowed at all to use BLOUT! to plan or engage in any illegal activity; and/or gather and store personal information on any other users of the service to be used in connection with any of the foregoing prohibited activities. You agree to not pretend you are anyone, or any entity, you are not; you may not impersonate or misrepresent yourself as another person, entity, another service subscriber, a Appyo.de employee or any otherwise misrepresent your affiliation with a person or entity. Appyo.de reserves the right to reject or block any smartphone App which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another persons name or identity. You agree to not post any content which is under the copyright of another person or entity. Please just use content which you have the copyright for. Appyo.de does not take any responsibility for copyright violation. Appyo.de reserves the right to give the information and the content about misuse with the App for reporting reportable events to the relevant authorities if needed.

8. Changes to Content

You understand that in order to provide the service and make your content available thereon, Appyo.de may transmit your content across various public networks, in various media, and modify or change your content to comply with technical requirements of connecting networks or devices. You agree that the license herein permits Appyo.de to take any such actions.

9. Removal of Content

You acknowledge that Appyo.de is not responsible or liable in any way for any content provided by others and has no duty to pre-screen such content. However, Appyo.de reserves the right at all times to determine whether content is appropriate and in compliance with these TOS, and may pre-screen, move, refuse, modify and/or remove content at any time, without prior notice and in its sole discretion, if such content is found to be in violation of these TOS or is otherwise objectionable.

10. Your data

For BLOUT! we do NOT save any personalized data.


11. Use of Location-based Services

Appyo.de and its partners and licensors may provide certain features or services through the Service that rely upon device-based location information (e.g. adMob Advertising banners). To provide such features or services, where available, Appyo.de and its partners and licensors may collect, use, transmit, process and maintain anonymized location data, including the real-time geographic location of your device, and you hereby agree and consent to Appyo.des and its partners and licensors' collection, use, transmission, processing and maintenance of such location data to provide such services. In addition, by enabling and/or using any location-based services or features within the service (e.g. allow the app to use your location), you agree and consent to Appyo.de collecting, using, processing and maintaining anonymized information related to your devices and use of this app for purposes of providing such location-based service or feature to you. Such information may include, but is not limited to, App ID, device ID and name, device type and real-time geographic location of your device at time of your request. You may withdraw this consent at any time by not using the location-based features or by turning off the Location Services settings (as applicable) on your device. When using third party services that use or provide location data as part of the Service, you are subject to and should review such third party's terms and privacy policy on use of location data by such third party services. Any location data provided by the Service is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Appyo.de nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of location data or any other data displayed by the Service.

12. Privacy Policy

You understand that by using our services, you consent and agree to the collection and use of certain information about you and your use of the service in accordance with the Appyo.de Privacy Policy. You further consent and agree that Appyo.de may collect, use, transmit, process and maintain information related to your application usage, and any devices utilizing the smartphone App, for purposes of providing the Service, and any features therein, to you. Information collected by Appyo.de when you use the Service may also include technical or diagnostic information related to your use that may be used by Appyo.de to maintain, improve and enhance the services. Furthermore, you agree to be bound by the Appyo.de Privacy Policy.

13. Billing and Payment Information

BLOUT! is a freeware that you can download and use without appearing of any costs. For downloading the App you need internet access, what your provider may charge you costs.

14. Copyright for BLOUT! trademarks

BLOUT!, the BLOUT! logo, the smartphone App logo and other BLOUT! trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Appyo.de. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Service.

15. Appyo.de Proprietary Rights

You acknowledge and agree that Appyo.de and/or its licensors own all legal rights, title and interest in and to the Service, and any software provided to you as a part of and/or in connection with the Services (the Software), including the intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Service (including the Software or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws.

16. License From Appyo.de

Appyo.de grants you a non-exclusive, non-transferable, limited license for use of the smartphone App as provided to you by Appyo.de as a part of the Service and in accordance with these TOS; provided that you do not (and do not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in the smartphone App.

17. Export Control

Use of the service, including transferring, posting, or uploading data, software or other content via the service, may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations.

18. Links and Other Third Party Materials

Certain Content, components or features of the Service may include materials from third parties and/or hyperlinks to other web sites, resources or Content. Appyo.de has no control over such third party sites and/or materials, you acknowledge and agree that Appyo.de is not responsible for the availability of such sites or resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any content, advertising, products or materials on or available from such sites or resources. You further acknowledge and agree that Appyo.de shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such content, advertising, products or materials on or available from such sites or resources.

19. Limitation of Liability

Except where prohibited by law, in no event will Appyo.de be liable to you for any indirect, consequential, exemplary, incidental, statutory or punitive damages, including lost profits, even if Appyo.de has been advised of the possibility of such damages.

20. Indemnity

You agree to defend, indemnify and hold Appyo.de, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorneys'' fees, made by a third party, relating to or arising from: (a) any content you submit, post, transmit, or otherwise make available through the Service; (b) your use of the Service; (c) any violation by you of these TOS; or (d) your violation of any rights of another. This obligation shall survive the termination or expiration of these TOS and/or your use of the Service. You acknowledge that you are responsible for all use of the services provided by Appyo.de. You agree to comply with these TOS and to defend, indemnify and hold Appyo.de harmless from and against any and all claims and demands arising from usage of this application, whether or not such usage is expressly authorized by you.


21. General

These TOS constitute the entire agreement between you and Appyo.de, govern your use of the smartphone App Service and completely replace any prior agreements between you and Appyo.de in relation to the smartphone App Services. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these TOS is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Appyo.de to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision.

22. Forum

Disputes related to the Agreement shall be resolved by the courts in the country where the agency activities are carried out, by all means the German Court, the Principal's home country.

23. Choice of Law

All legal issues shall be resolved in accordance with the legislation in the country where the court is situated, cf. section 17

24. Disclaimer

APPYO.DE DOES NOT PROMISE THAT THE SERVICE OR FEATURE OF THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE, SERVICE AND THE BLOUT! CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPYO.DE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM OR UPLOAD TO THE SERVICE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. APPYO.DE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPYO.DE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, YOUR CONTENT AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST APPYO.DE FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. Appyo.de reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the App, or any portion of the App, including, but not limited to, the Service, for any reason; (2) to modify or change the App, or any portion of the App, including, but not limited to, the Service, and any applicable policies or terms; and (3) to interrupt the operation of the App, or any portion of the App, including, but not limited to, the Service, as necessary to perform routine or non-routine maintenance, error correction, or other changes.