Terms of use Photowunder
Definition:
Photowunder is an app from * Thallos Software * (hereinafter also "Service").
Terms of Use:
§ 1 scope
The following terms of use apply to the use of Photowunder in the relationship between the user and the operator of Photowunder (hereinafter: provider). The use of Photowunder is only permitted if the user accepts these terms of use.
Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).
§ 2 Use of Data
Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you
§ 3 Termination
This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms
§ 4 External Services
External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
§ 5 services of the provider
(1) The provider assumes no liability for the correctness, completeness, reliability, topicality and usability of the content provided / operations performed.
(2) The provider does not guarantee constant uninterrupted availability of the service
(3) NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU
(4) TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose
§ 6 disclaimer
(1) Claims for damages by the user are excluded, unless otherwise specified below. The above exclusion of liability also applies in favor of the legal representatives and vicarious agents of the provider if the user asserts claims against them.
(2) The exclusion of liability specified in paragraph 1 excludes claims for damages due to injury to life, limb, health and claims for damages from the violation of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract. Also excluded from the disclaimer is liability for damage based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents.
(3) The provider does not guarantee the constant uninterrupted availability of the service. Liability in this regard is hereby expressly rejected. Unfortunately, even with great care, downtimes cannot be ruled out.
§ 7 obligations of the user
(1) You hereby declare that you will not misuse the Photowunder services ("Services"). Among other things, the following activities and attempted execution are not permitted:
-
Post or share illegal pornographic or immoral content or content that promotes fanatical, religious, racial or ethnic hatred
-
Violate the law in any way including
Store, post, or share content that is fraudulent, defamatory, misleading, or that violates the privacy or rights of others
-
Storage, publication or release of copy-protected content to which you do not hold the rights yourself
-
Saving, publishing or releasing content that violates copyright, trademark or competition law
-
Examine, scan or test the vulnerabilities of a system or network
-
Violation of security or authentication measures or other circumvention of these measures
-
Providing access to, manipulation or use of non-public areas or parts of the Services or shared areas of the Services for which you have not received an invitation
-
Disrupting or interrupting a user, host or network, for example by sending viruses, overloading, flooding, spamming or mail bombing part of the services
-
Access or search the Services in any way other than the public user interface
-
Unsolicited sending of messages, advertisements, advertising or spam
-
Sending changed, misleading or incorrect sender information
-
Promote products or services that are not your own without proper authorization
(2) In the event of a breach of the obligation from paragraph 1, the provider is entitled to change or delete the corresponding content and to block the user’s access. The user is obliged to compensate the provider for the damage caused by the breach of duty.
(3) The provider has a claim against the user to indemnify third party claims that they assert due to the violation of a right by the user. The user undertakes to support the provider in defending against such claims. The user is also obliged to bear the costs of an appropriate legal defense of the provider.
(4) You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons
§ 8 change or discontinuation of the offer
(1) The provider is entitled to change the content and price of his service.
(2) The provider is entitled to terminate his service with a notice period of 2 weeks. In the event of termination of its service, the provider is entitled but not obliged to delete the content created by the users.
§ 9 Severability Clause
If individual formulations of these forum terms of use are no longer fully or no longer fully compliant with the applicable legal situation, it can be assumed that the remaining provisions of the terms of use will remain in place.
Terms of use Photowunder
Definition:
Photowunder is an app from * Thallos Software * (hereinafter also "Service").
Terms of Use:
§ 1 scope
The following terms of use apply to the use of Photowunder in the relationship between the user and the operator of Photowunder (hereinafter: provider). The use of Photowunder is only permitted if the user accepts these terms of use.
Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).
§ 2 Use of Data
Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you
§ 3 Termination
This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms
§ 4 External Services
External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
§ 5 services of the provider
(1) The provider assumes no liability for the correctness, completeness, reliability, topicality and usability of the content provided / operations performed.
(2) The provider does not guarantee constant uninterrupted availability of the service
(3) NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU
(4) TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose
§ 6 disclaimer
(1) Claims for damages by the user are excluded, unless otherwise specified below. The above exclusion of liability also applies in favor of the legal representatives and vicarious agents of the provider if the user asserts claims against them.
(2) The exclusion of liability specified in paragraph 1 excludes claims for damages due to injury to life, limb, health and claims for damages from the violation of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract. Also excluded from the disclaimer is liability for damage based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents.
(3) The provider does not guarantee the constant uninterrupted availability of the service. Liability in this regard is hereby expressly rejected. Unfortunately, even with great care, downtimes cannot be ruled out.
§ 7 obligations of the user
(1) You hereby declare that you will not misuse the Photowunder services ("Services"). Among other things, the following activities and attempted execution are not permitted:
-
Post or share illegal pornographic or immoral content or content that promotes fanatical, religious, racial or ethnic hatred
-
Violate the law in any way including Store, post, or share content that is fraudulent, defamatory, misleading, or that violates the privacy or rights of others
-
Storage, publication or release of copy-protected content to which you do not hold the rights yourself
-
Saving, publishing or releasing content that violates copyright, trademark or competition law
-
Examine, scan or test the vulnerabilities of a system or network
-
Violation of security or authentication measures or other circumvention of these measures
-
Providing access to, manipulation or use of non-public areas or parts of the Services or shared areas of the Services for which you have not received an invitation
-
Disrupting or interrupting a user, host or network, for example by sending viruses, overloading, flooding, spamming or mail bombing part of the services
-
Access or search the Services in any way other than the public user interface
-
Unsolicited sending of messages, advertisements, advertising or spam
-
Sending changed, misleading or incorrect sender information
-
Promote products or services that are not your own without proper authorization
(2) In the event of a breach of the obligation from paragraph 1, the provider is entitled to change or delete the corresponding content and to block the user’s access. The user is obliged to compensate the provider for the damage caused by the breach of duty.
(3) The provider has a claim against the user to indemnify third party claims that they assert due to the violation of a right by the user. The user undertakes to support the provider in defending against such claims. The user is also obliged to bear the costs of an appropriate legal defense of the provider.
(4) You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons
§ 8 change or discontinuation of the offer
(1) The provider is entitled to change the content and price of his service.
(2) The provider is entitled to terminate his service with a notice period of 2 weeks. In the event of termination of its service, the provider is entitled but not obliged to delete the content created by the users.
§ 9 Severability Clause
If individual formulations of these forum terms of use are no longer fully or no longer fully compliant with the applicable legal situation, it can be assumed that the remaining provisions of the terms of use will remain in place.