General Terms & Conditions:
1. IN GENERAL
1.0 The App Hunting Organizer is operated by Peschkedesign OG with an office at Austria, Vienna, Sternwartestrasse 62, 1180 (and we refer to ourselves as “we”, “us”, “our”, Peschkedesign, or the Developer). We own and operate the App on our own behalf.
1.1 Peschkedesign operates the mobile app hunting organizer aiming to provide usefull services like weather forecasts, solunar information and storing/ logging detailed information to the target group of hunters. Additionally hunting organizer gives the possibility as a service for the users to share content and information.
1.2 In order to be able to use the complete spectrum of the hunting organizer app and its services, a one-time registration is required (see Section 4, below). However, certain content, including general descriptions of the hunting organizer app or the weather forecasts can be viewed without registration.
1.3 The goal of the hunting organizer app is to make the planing and execution of hunting trips more easy and enjoyable.
1.4 Your safety is important to us. On hunting trips always consider: Everyone is responsible for their own shot, safety comes before hunting success! The hunting organizer app neither substitutes responsible behavior, nor is it responsible for your behavior. By accepting these T&C, you confirm that you are solely responsible for your safety and health.
2. VALIDITY OF THE T&C
2.1 The Devloper offers the hunting organizer mobile app on the basis of these T&C. By registering, the user consents to the validity of these T&C and any agreements incorporated therein by reference.
2.2 Neither the registration nor the use of the complete spectrum of products and services shall be possible without explicit consent to these T&C.
2.3 These T&C shall apply to all points of access, including (sub-)domains and mobile applications, for the developer's products and services.
2.4 These T&C shall be valid until cancelled in the currently valid version as of 01 04 2014.
3. SUBJECT OF THE AGREEMENT
Currently, the hutning organizer offers its users the following applications and information in several languages:
3.1 Mobile application; Hunting Organizer
3.1.1 Hunting Organizer App is available for Apple iPhones and iPads, Android phones and tablets.
3.1.2 Subject to the user's consent, relevant data is transmitted from the smartphone to the hunting organizer servers and shared with other social networks (e.g., Facebook), respectively.
3.1.3 The user hereby confirms the user’s knowledge that as a result of the transmission of data from the smartphone to the hunting organizer servers, certain costs of the mobile carrier will be incurred that have to be borne by the user.
3.1.4 The mobile applications are only available to users of smartphones and tablets.
3.2.6 Additional terms and conditions on the part of the mobile phone-providers apply.
4.1 In order to be able to use the hunting organizer app, a one-time, registration is required.
4.2 Only persons legally capable to enter into agreements on their own behalf shall be permitted to register. Minors may only register subject to the explicit consent of their parents or legal guardians.
4.3 By registering, the user confirms its knowledge and the unlimited recognition of the content of these T&C.
4.4 Each user shall register with the hunting organizer app once only, and confirms with its registration that it has not registered an account with hunting organizer app before and has not deleted a previously activated user account.
4.5 Subject at all times to Section 13 hereof, a user can register in one of two ways:
4.5.1 Registration by use of the registration form provided in the hunting organizer app:
For purposes of registration, the user shall provide the details requested by the registration form, e.g., Name and email adress, completely and correctly, unless such details are marked as voluntary. Registration is only possible by using the user’s civil name, i.e., the use of phantasy names or pseudonyms is not possible.
4.5.2 Adoption by hunting organizer app of registration details provided by the user in the social network Facebook or Google G+:
Registration via Facebook Connect or via Google G+ requires the user to confirm that the selected details, which the user previously provided on Facebook or Google G+ , shall be adopted by the hunting organizer app.
4.6 Following successful registration, the user can log on to the hunting organizer app by either (i) entering its email address and the chosen password, or (ii) accomplishing the log-in via Facebook connect or Google G+.
4.7 If the registration process is not completed, e.g., as a result of missing personal details or the lack of consent to these T&C, the developer will delete the corresponding account within a period of seven days.
4.8 The developer reserves the right to reject users without giving reasons. In this event, any transmitted details will be deleted promptly.
4.9 The developer is not responsible for the actual identity of the user, since personal identification via the internet is possible only to a limited extent. Each user shall itself confirm the identity of other users prior to entering into any form of interaction with such users, e.g., adding as a friend or by writing messages.
5. GENERAL TERMS AND CONDITIONS FOR ALL USERS
5.1 Fraud protection.
5.1.1 You must protect your account from unauthorized and fraudulent use. Please notify us immediately by email at firstname.lastname@example.org of any unauthorized or fraudulent use of your account, or if you suspect that your account may be at risk.
5.1.2 The developer has the right to close or cancel the account of any registered user in the event of any unauthorized or fraudulent use of the account.
5.2 Promotions and Free Offers. The developer may run promotions and free offers, which may be subject to additional terms or restrictions. These promotions and offers may not be transferred between users.
6.1 Each user shall have the right to terminate the use of the hunting organizer app at any time via its account settings („My Profile“). The developer shall confirm such termination vis-a-vis the user.
6.2 Additionally, the developer reserves the right to terminate a user’s membership for important reasons, such as due to gross breaches of the user‘s obligations.
6.3 As a result of any termination hereof,
6.3.1 all personal details provided by the user upon registration shall be deactivated.
6.3.2 upon the user’s request, all saved personal details shall be irrevocably deleted. The user shall request such deletion by email sent to email@example.com, which shall include the email address provided to the hunting organizer app upon registration.
7. USER OBLIGATIONS AND CONDUCT
7.1 Each user of the hunting organizer app
7.1.1 truthfully provide, and keep current and complete, its registration details, and must not pass on such details to third parties;
7.1.2 only save, publish, transmit and distribute such content, e.g., photos, pictures, text, representations or videos, if the user is authorized to pass on such content, i.e., (i) if the user has the exclusive right to use such content or, (ii) in the event that the user is not the owner of such rights with respect to content provided by it, if the user guarantees to the developer that all required rights, licenses, permits etc. have been validly obtained. This shall also apply to content subject to intellectual property rights, such as trade names and trademarks. The user shall be exclusively responsible for such content;
7.1.3 not save, publish, transmit or distribute any content that is racist, insulting, discriminating, denunciating, sexual, glorifies violence or is otherwise illegal;
7.1.4 not to send chain letters or messages to more than one recipient at any one time, i.e., the user must not send mass emails or spam;
7.1.5 not carry out any disrupting interferences by use of technical or electronic aids, such as hacking attempts, brute force-attacks, planting of viruses/worms/trojans and other disrupting attempts;
7.1.6 not copy, distribute, transmit or collect by use of technical aids, e.g., by crawlers or bots, accessible details without the consent of the respective owner;
7.1.7 provide prompt notice via email to firstname.lastname@example.org of any detected breaches of the aforementioned obligations;
7.1.8 diligently care for the personal details and only allow such persons access to its own details that are close to the user; and
7.1.9 regularly save important personal details externally, e.g., on an external storage medium, hard drive or in the cloud. The developer shall not be responsible for any lost or impaired details.
8. BREACH OF USER OBLIGATIONS
8.1 In order to ensure the proper and reliable provision of services, the developer imposes the following sanctions upon breach obligations by a user:
deletion of content;
temporary deactivation of user account; and
cancellation (irrevocable deactivation).
8.2 The type of sanction shall depend on the purpose, impact and type of the breach in light of the developer's and the user's interests.
8.3 In the event a user account shall be cancelled in accordance with this Section, the respective user shall not be permitted to register again.
9.1 The developer permits its registered users to use the offered portfolio of products and services in accordance with statutory law and these T&C, in order to upload, save, publish, distribute, transmit and share content with other users.
9.2 The user consents that as a result of the automatic evaluation of the way such user uses the platform, it may be exposed to certain offers and/or marketing messages tailored to such user.
9.3 The user consents that marketing measures may also be taken in the proximity of content created by such user.
9.4 The developer shall have the right to save content or disclose such content to third parties, to the extent this is required by law, or legally permissible and reasonably necessary, in order to
9.4.1 comply with statutory law, or court or administrative orders
9.4.2 ensure compliance with these T&C;
9.4.3 react to claims of breaches of law raised by third parties; or
9.4.4 safeguard the rights, property or personal safety of the developer, its users and the general public.
9.5 The user grants the developer the irrevocable, free, non-exclusive and unlimited right to use all content generated, transmitted, saved and published by such user. Accordingly, the developer shall have the right to use, irrespective of the type of usage, all content both as part of the hunting organizer app and any other activity of the developer or any company affiliated with the developer. This shall include the right to change and edit such content, unless such changes or edits impair material interests of the user. In this connection, the user waives, to the extent legally permissible, all intellectual property rights. However, to the extent feasible, in the event that the developer uses content created by a user outside the hunting organizer app, the developer shall note that such content was created by the user.
9.6 The developer does not claim ownership of any content created by users and will not supervise such content.
9.7 The developer reserves the right to delete content created by users, such as routes, photos or comments without giving reasons. In this event, the user shall be notified and, in the event of a breach of these T&C, may be sanctioned.
9.8 The developer shall not be responsible for inaccurate content created by users, e.g., details regarding hunting trips or photos etc..
11. REPRESENTATIONS AND WARRANTIES
11.1 The developer does not represent or warrant that the huntingorganizer app will be available at all times, or that it and the necessary hardware and software will be completely free from errors.
11.2 The developer does not represent or warrant that the transmission of data via other systems, in particular the internet and telecommunication networks, is not tracked, recorded or distorted by third parties.
11.3 The user uses the developers offering exclusively at its own risk. This applies, without limitation, to
11.3.1 the related use of any hardware;
11.3.2 downloading of the user's own and third party content; and
11.3.3 any use by the user of data created or provided by the developer. The user explicitly acknowledges that any such data or content may contain errors, and the developer does not, to the extent permitted by law, assume any responsibility for the correctness of such data.
11.5 Additionally, the developer does not make any representations or warranties with respect to external links, banners or other information and marketing offers that may be made accessible to the user. Any contractual arrangements entered into between the user and a third party provider, e.g., via linked websites or banners, result in a contractual relationship between such user and the third party provider only. The developer does not make any representations or warranties with respect to products or services of third party providers.
12. LIMITATION OF LIABILITY
12.1 The developer shall be liable as currently provided by law, regardless of the statutory basis of such liability (precontractual, contractual, tort) only if the developer has caused a certain damage willfully or with gross negligence. In the event of slight negligence, the developer shall not be liable to other businesses and shall be liable to consumers only for personal damages. The developer shall not be liable to businesses for follow-on damages, mere pecuniary losses, lost profits or damages resulting from claims of third parties.
12.2 Unless required by statutory law, neither the developer nor any of its business affiliates shall be liable for damages resulting from the use of content made accessible through the use of any services realted to hunting organizer app. This also applies to damages resulting from errors, problems, viruses or loss of data.
12.3 The developer assumes no liability for downloaded material or material obtained as a consequence of using the hunting organizer app. The Registered User is solely responsible for any damages caused by such materials to his computer system or for information that is lost as a consequence of downloading materials from the hunting organizer app.
12.4 The Registered User is exclusively liable for any claims of lawsuits of any kind in any way derived from or related to conflicts with other users. The Registered User acknowledges and accepts that the developer will not, under any circumstances, be liable for the acts and omissions of other users, including the damages associated with such acts or omissions.
13. INDEMNIFICATION BY USERS
13.1 The user shall indemnify the developer for all claims raised by third parties as a result of an infringement of their rights by the user in connection with content uploaded to the hunting organizer app by such user or as a result of any other usage by such user of applications available from the developer. The user shall bear the costs of any legal proceedings, in which the developer may be involved in connection with such claims, including all court costs and attorney’s fees to the extent permitted by law, unless the user was not at fault in causing such infringement.
13.2 In the event that a claim is brought by a third party, the user shall promptly, truthfully and completely make available to the developer all information available to such user that may be necessary to verify such claim and defend against it. Any additional claims for damages that the developer may be entitled to bring against the user shall not be affected.
14. CHANGES TO THE T&C
14.1 The developer reserves the right to amend these T&C from time to time for a number of reasons including, without limitation, for commercial reasons, to comply with applicable law or regulations, or for customer service-reasons. At any time, the then-current version of these T&C is available for viewing on huntingorganizer.com/termofuse.
14.2 Changes to these T&C, other than changes to Section 3 require the consent of the respective user, to whom the changed T&C shall apply. If the developer intends to implement such changes to these T&C, the developer will give the user as much prior notice of such changes as possible. Such notice shall be made visibel on the device through which the user accesses the developer's services. We may invite the user to accept the new T&C by clicking “yes” or “I accept”, checking a “tick box” or any other similar method of confirmation. Any such modifications will take effect within thirty days of publication.
14.3 In the event that the user does not consent to the changed T&C, it shall not be permitted to any further use of the hunting organizer app.
14.4 Following amendment of the T&C, the continued use of developer's offering following the notification or, as the case may be, expiration of such thirty days-period, by any registered user shall be deemed user's consent to the amended T&C.
14.5 Subject to Sections 17.1 to 17.4, any changes to these T&C must be made in writing. No ancillary oral arrangements exist.
15.1 In the event that individual provisions of these T&C shall be or become invalid, all other terms and conditions shall remain in full force and effect.
15.2 Governing Law and Jurisdiction.
15.2.1 These T&C and all contractual relations and litigation between the users and the developer shall be governed by Austrian law.
15.2.2 Place of delivery and exclusive court of jurisdiction shall be Vienna, Austria.