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.
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