TERMS OF SERVICE AGREEMENT
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES
This is the official Terms of Service Agreement (“Agreement”) for Eplpsy (“App,” “we,” “us,” or “our”), an App owned and operated by CrusoVision GmbH. This Agreement governs only the content, features, and activities related to this App.
This App is offered and made available only to users thirteen (13) years of age or older. If you are not yet 13 years old or the required greater age for certain features, please stop using the App immediately, or if for any reason, you do not agree with all of the terms and conditions contained in this Agreement, please stop using the App immediately because by using or attempting to use the App, you certify that you are at least 13 years of age (or other required greater age for certain features, where applicable) and meet any other eligibility requirements of the App.
These terms and conditions regarding your use of the App constitute a legally binding agreement between you and the App and CrusoVision GmbH. In this Agreement, the term “App” includes all menus and app features within the App as well as any equivalent, mirror, replacement, substitute or backup App that are associated with this App. By using this App, you understand, acknowledge and agree that you will abide by the terms of this Agreement and any additional terms that govern certain products and services.
The words “use” and/or “using” in this Agreement mean any time an individual (a “user”), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with use, display, view, print or copy from the App, transmit, receive or exchange data or communicate with the App, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the App, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. This is the entire and exclusive Agreement between you and us regarding use of the App and it cannot be modified, except as specifically described below.
We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement. We will post or display notices of material changes on the App and notify you upon changes; the form of such notice is at our discretion. Once we post them on the Store, these changes become effective immediately and if you use the App after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the terms and conditions of this Agreement.
2. OWNERSHIP OF INTELLECTUAL PROPERTY
The contents of this App, including all App software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the App, including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, “Material”), are the property of CrusoVision GmbH, under Swizerland, as well as applicable foreign laws, regulations and treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term “App” includes “Material” as well. The App is to be used solely for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright or other notices contained on the App, including notices on any Material you download, transmit, display, print or reproduce from the App. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of CrusoVision GmbH. Any unauthorized or prohibited use of any Material may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws. We require users to respect our copyrights, trademarks, and other intellectual property rights. We likewise respect the intellectual property of others.
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, the “Advertisers”) such as our advertisers, sponsors, or promotional partners. as a result of your use of the App. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
4. LIMITED NON-COMMERCIAL LICENSE TO USE SITE
CrusoVision GmbH hereby grants you the limited right to access, view and use the App only for the purposes of accessing, viewing or playing content, placing store orders or for accessing information, Applications (as defined herein) and services. Minors should seek consent of his or her legal guardian before using this App. Unless you have received specific written permission from CrusoVision GmbH, you may not alter or modify any content of the App. Without limiting other restrictions, you agree not to reproduce, transmit, sell, or otherwise exploit the App for any commercial purpose.
From time to time, CrusoVision GmbH, may conduct promotions through the App, including, without limitation, sales promotinos. Each Promotion may have Additional Terms and/or Rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement.
6. HYPERLINKS TO THIRD PARTY SITES
The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the App or any other form of link or re-direction of your connection to, with or through the App, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of, the App, CrusoVision GmbH.
CRUSOVISION GMBH PROVIDES YOU WITH ITS APP AND IMAGES ON AN ‚ÄûAS-IS‚Äú BASIS. WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY IMAGES AND CONTENT, THE APP, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-FRINGEMENT, OR THAT THE APP OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER CRUSOVISON GMBH NOR ANY AFFILIATES OR MEMBERS SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH IT FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO THE USE OF THE IMAGES, WHETHER FRAMED AS A BREACH OF WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, UPON ANY LEGAL THEORY, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE. IN NO EVENT SHALL CRUSOVISON GMBH OR ITS AFFILIATES’ LIABILITY FOR YOUR USE OF ANY IMAGE PROVIDED HEREUNDER EXCEED THE GREATER OF THE AMOUNT INVOICED AND PAID BY YOU FOR THE USE OF THAT IMAGE.
8. GOVERNING LAW AND JURISDICTION
These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the Swiss Confederation without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Conditions or the App shall be instituted exclusively in the federal courts of the Swiss Confederation or the courts of the Canton of St. Gallen.
9. WAIVER AND SEVERABILITY
Our failure to exercise or enforce any right or provision of the Terms of Conditions shall not constitute a waiver of such right or provision. The Terms of Conditions constitutes the entire agreement between you and CrusoVision GmbH and govern your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Conditions). If any provision of these Terms of Conditions is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Conditions will continue in full force and effect.
Except as expressly stated otherwise, any notices required or allowed under this Agreement shall be given to CrusoVision GmbH by postal mail to: CrusoVision GmbH, Mueller-Friedberg-Strasse, CH-9000 St. Gallen, Swizerland.
This Terms of Service Agreement was last modified on Feb 09, 2017, and is effective immediately.
Copyright 2017 CrusoVision GmbH. – All Rights Reserved.