Allgemeine Geschäftsbedingungen

Allgemeine Geschäftsbedingungen

This following represents a legal document that serves as our Terms of Service and it governs the legal terms of our mobile application, curv, our website, curv.io, app.curv.io and all other sub-domains, and any associated web-based and mobile applications (collectively, „application“), as owned and operated by sixa GmbH. Capitalized terms, unless otherwise defined, have the meaning specified within the definitions section below. This Terms of Service, along with our Privacy Policy, any mobile license agreement, and other posted guidelines within our application, collectively „Legal Terms“, constitute the entire and only agreement between users and sixa GmbH, and supersede all other agreements, representations, warranties and understandings with respect to our application and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to the users. The latest copies of our Legal Terms will be posted in our application, and you should review all Legal Terms prior to using our application. After any revisions to our Legal Terms are posted, users agree to be bound to any such changes to them. Therefore, it is important for the user to periodically review our Legal Terms to make sure they still agree to them.

By using our application, the user agrees to fully comply with and be bound by our Legal Terms. Please review them carefully. If the user does not accept our Legal Terms, do not access and use our application. If the user has already accessed our application and do not accept our Legal Terms, the user should immediately discontinue use of our application.

Basic Terms

  1. You must be at least 13 years old to use the application.
  2. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos, comments, or other content via the application.
  3. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, the application prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also understand and confirm that all information you provide or provided to application upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
  4. You agree that you will not solicit, collect or use the login credentials of other application users.
  5. The application may offers access to promotional events, games, and/or sweepstakes (collectively “Promotions”) that may feature prizes, experiences, and trips. Participants may enter these Promotions through the application and through the website if or when they become available. In some cases, no purchase, payment or other financial contribution may necessary to enter these Promotions, and any and all Promotions are void where prohibited by law. In addition, if you are registering for or participating in a Plot Guru Promotional contest, participation is subject to our Official Promotion Rules and Regulations and any other rules and regulations applicable to such competition (collectively, “Rules”). If this Terms of Service conflicts with or is inconsistent with any Rules, such Rules will govern and be given precedence.
  6. You are responsible for keeping your password secret and secure.
  7. Any content that is uploaded to the application by the creators of the application has been obtained legally and is covered under our Fair Use doctrine.
  8. You represent and warrant that:
    1. You own the content posted by you on or through the application or otherwise have the right to grant the rights and licenses
    2. The posting and use of your content on or through the application does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights
    3. You agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the application
    4. You have the legal right and capacity to enter into these Terms of Service at your jurisdiction
  9. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
  10. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the application, including but not limited to, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
  11. You may not use the application for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the application and your content (defined below), including but not limited to, copyright laws.
  12. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “content”) that you submit, post or display on or via the application.
  13. You must not change, modify, adapt or alter the application or change, modify or alter another website so as to falsely imply that it is associated with the application.
  14. You must not access application’s private API by means other than those permitted by application.
  15. You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a “spam”) to any application users.
  16. You must not use domain names or web URLs in your username without prior written consent from application.
  17. You must not interfere or disrupt the application or servers or networks connected to the application, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any application page is rendered or displayed in a user’s browser or device.
  18. You must not create accounts with the application through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
  19. You must not attempt to restrict another user from using or enjoying the Application and you must not encourage or facilitate violations of these Terms of Service or any other application terms.
  20. Violation of these Terms of Service may, in application’s sole discretion, result in termination of your application account. You understand and agree that application cannot and will not be responsible for the content posted on the application and you use the application at your own risk. If you violate the letter or spirit of these Terms of Service, or otherwise create risk or possible legal exposure for application, we can stop providing all or part of the application to you.
  21. We reserve the right to modify or terminate the application or your access to the application for any reason, without notice, at any time, and without liability to you. If we terminate your access to the application your photos, comments, likes, friendships, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the application (e.g., if your content has been reshared by others).
  22. Upon termination, all licenses and other rights granted to you in these Terms of Service will immediately cease.
  23. We reserve the right, in our sole discretion, to change these Terms of Service (“Updated Terms”) from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the application, and that your use of the application after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Service and any Updated Terms before using the application. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the application from that point forward. These Terms of Service will govern any disputes arising before the effective date of the Updated Terms.
  24. We reserve the right to refuse access to the application to anyone for any reason at any time.
  25. We reserve the right to force forfeiture or the change of any username for any reason.
  26. We may, but have no obligation to, remove, edit, block, and/or monitor content or accounts containing content that we determine in our sole discretion, violates these Terms of Service.
  27. You are solely responsible for your interaction with other users of the application, whether online or offline. You agree that the application is not responsible or liable for the conduct of any user. The application reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post content or any personal or other information.
  28. There may be links from the application, or from communications you receive from the application, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the application. The application may also include third-party content that we do not control, maintain or endorse. Functionality on the application may also permit interactions between the application and a third-party web site or feature, including applications that connect the application or your profile on the application with a third-party web site or feature. For example, the application may include a feature that enables you to share content from the application or your content with a third party, which may be publicly posted on that third party’s service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. The application does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that the application is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE APPLICATION ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the application or your profile on the application with a third-party service (each, an “Services”) and such Services may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Services, you acknowledge and agree to the following:
    1. If you use an Service to share information, you are consenting to information about your profile on the application being shared
    2. Your use of an Service may cause personally identifying information to be publicly disclosed and/or associated with you, even if the application has not itself provided such information
    3. Your use of an Service is at your own option and risk, and you will hold the Application Parties (defined below) harmless for activity related to the Service
  29. You agree that you are responsible for all data charges you incur through use of the application.

 

General Conditions

Definitions

The terms „us“ or „we“ or „our“ refers to sixa GmbH, the owner of the application.
A „Visitor“ is someone who merely browses our application, but has not registered as member.
A „Member“ is an individual that has registered with us to use our Service.
Our „Service“ represents the collective functionality and features as offered through our application to our members.
A „User“ is a collective identifier that refers to either a visitor or a member.
All text, information, graphics, audio, video, and data offered through our application are collectively known as our „Content“.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our application. sixa GmbH reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling your member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.

Intellectual Property

Our application may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our application does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our application is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our application is strictly prohibited. Your use of our application does not grant you ownership rights of any kind in our application.

Links to Other Applications and/or Websites

Our applications may contain links to third party applications and/or websites. These links are provided solely as a convenience to you. By linking to these applications and/or websites, we do not create or have an affiliation with, or sponsor such third party applications and/or websites. The inclusion of links within our application does not constitute any endorsement, guarantee, warranty, or recommendation of such third party applications and/or websites. sixa GmbH has no control over the legal documents and privacy practices of third party applications and/or websites; as such, you access any such third party applications and/or websites at your own risk.

General Terms

Our Legal Terms shall be treated as though it were executed and performed in Zurich, Switzerland and shall be governed by and construed in accordance with the laws of Zurich, Switzerland without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our application, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any content in our application conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of sixa GmbH under our Legal Terms shall survive the termination of our Legal Terms.

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