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Terms of Service

Terms of Service (07.03.2017)

Squader UG („Squader“, „our“, „we“) provide the user with a platform which is used to find public or private parties in a defined perimeter.

Please read our Terms of Service carefully. You agree to our Terms of Service by installing our app.

1. Features of Squader

1.1

Squader gives the user the opportunity to create a profile and then search within a radius of up to 30 miles for public or private parties created by other squad users.

1.2

Each user can create their own parties, deciding whether the party should be public or private. When the user creates a private party, the address is initially hidden. The other users then have the opportunity to apply as a guest at the party. The party address is shown to the user when he has been confirmed as a guest by the host.

1.3

Each party has a bulletin board on which the organizer can leave information and which allows users to exchange information about the party.

1.4

After each party the guests and the host have the opportunity to rate the other guests and the host in the form of a “thumbs up” or “thumb down”.

1.5

The user can create a friend list. Party invitations can be sent directly to users on the friend list. In addition, messages can be sent to all friends.

2. User profile creation

2.1

After the installation of Squader, the user is authenticated by his Google-account. No further registration is required within the app. After the first start of the app, however, the user can create his own profile. Only with this profile is the user visible to other users.

2.2

The user must choose a profile name. The profile name does not have to be the real name of the user. The profile name may not contain any abusive, obscene, racially or ethnically offensive parts.

2.3

The user can upload a profile picture. To do this, the application must allow access to the photos stored on the mobile device. The profile picture does not have to be a picture of the user himself. The user may only use such images which do not affect the personality rights of third parties or the intellectual property of third parties, such as copyrights and trademarks. Furthermore, the profile picture may not contain any abusive, obscene, racially or ethnically offensive parts.

2.4

The user has the possibility to post further information about himself in his profile. All this information must be true. It is forbidden to post any abusive, obscene, racially or ethnically offensive texts.

2.5

The user must be at least 18 years old to use Squader (or such greater age required in your country for you to be authorized to use our Services without parental approval).

2.6

If the user violates the terms for profile creation and design, Squader reserves the right to block the user profile.

3. Party creation

3.1

Each user has the possibility to create their own parties. The creation of parties for third parties is expressly forbidden.

3.2

The party can have a name. The name of the party may not contain any abusive, obscene, racially or ethnically offensive parts.

3.3

The user has to create a party description. In this, the user has to specify what exactly is planned, in which location the party takes place, where the user has to ring etc. The party description has to be true.

3.4

The user must specify the address under which the party takes place, the date and time of the party. All information must be true.

3.5

If the user wants to organize a public party, he can do so by placing a checkmark in the box next to the “public” note. Afterwards, a note appears that the party’s address is immediately visible to every user when the party is saved. Once a party has been marked as public, it can be deleted as long as no guests already entered the party.

3.6

To complete the party creation, the user must press the save button. Only then is the party visible to other users.

4. Obligations oft he user

4.1

The use of Squader shall take place within the law applicable to the country concerned. The use of Squader shall take place within the law applicable to the country concerned. Rights of third parties shall not be infringed. The User is not obligated to use Squader in any manner which could damage or impair the Service, the System, other Users or other third parties. The user is obligated to use Squader in a manner that does not affects, damages or impairs the service, the system, other users or other third parties.

4.2

Squader is financed through advertising. The user therefore has to accept the insertion of advertising. Ad blockers may not be used by the user. Squader is not responsible for the content of the advertising.

4.3

The user is prohibited:

  • to spread insulting or defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, immoral content or instigate or encourage third parties to such behavior.

  • to promoting violent crimes or instigate or encourage third parties to such behavior.

  • to violate youth protection or instigate or encourage third parties to such behavior.

  • from using any content that is subject to intellectual property (such as copyright and trademark etc.) without being entitled to do so.

  • to publish falsehoods and misrepresentations or misleading statements.

  • from modifying, distributing, licensing, sublicensing, transferring, selling, renting, or charging fees for use or otherwise exploiting or deriving derivative works based on Squader (or support, instigate or encourage third parties to such behavior).

  • from modifying, altering, or extracting derivative versions of Squader in the form of reverse-engineer or decompiling, unless explicitly permitted by law.

  • to obtain unauthorized access to Squader or the app-based systems.

  • to create accounts for Squader automated.

  • from collecting any information about other users of Squader in any unlawful or unauthorized manner.

  • to distribute Squader over a network, in which Squader can be used by several devices at the same time.

4.4

The user is responsible for the providing of the mobile device required for the use of the Squader app. The same applies to the software (operating system) required to operate Squader.

4.5

The user agrees to download and install updates to the Squader app.

4.6.

The user is responsible for any mobile charges that may incur for using our Services, including data charges.

4.7

The user is responsible for the security of his mobile device and his user profile. If the user detected an abuse of his profile, he is obliged to inform Squader immediately.

5. License

5.1

In order to operate and provide our Services, you grant Squader a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services (such as to allow us to display your profile picture and status message, transmit your messages). The User guarantees that he has the necessary rights and the right to grant the rights and licenses in our Terms.

5.2

Squader own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our express permission.

5.3

Squader granted the user a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use the Squader-App, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

6. Limitation of liability

6.1

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SQUADER DON’T GUARANTEE: THAT THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.

6.2

SQUADER PROVIDES USERS WITH ONLY A PLATFORM AND DOES NOT PARTICIPATE IN THE COMMUNICATION BETWEEN THE USERS. SQUADER IS NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF THE USERS OR OTHER THIRD PARTIES.

6.3

The liability of Squader is excluded in case of slight negligence, unless the damages resulting from injury to life, limb or health and occur due to a breach of duty by Squader. The same applies to damages in the event of a breach of any of its cardinal contractual duties. Cardinal contractual duties are an abstract description of those obligations whose fulfilment is indispensable for the proper implementation of an agreement and on whose fulfilment the contracting parties can usually rely.

6.4

In the event of a breach of any of its cardinal contractual duties the liability of Squader shall be limited to typical foreseeable contractual damages.

6.5

The limitation of liability of Squader shall also apply to its legal representatives or vicarious agents.

6.6

Liability pursuant to the German Product Liability Act shall remain unaffected.

7. Limitation of liability for user from USA and Canada

SQUADER AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM THE ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES. SQUADER IS NOT LIABLE FOR THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES. SQUADER IS NOT LIABLE FOR UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF SQUADER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SQUADER AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD.

8. Availability

8.1

As far as technically feasible, Squader strives to make the content of the app available at any time. However, for technical reasons, there is no claim to the availability of Squader services at any time.

8.2

Squader may add or remove features, products, or functionalities, and may also suspend or stop the Services altogether, unless this is unreasonable for the user.

9. Changes to Terms of Service

9.1

Squader reserves the right to amend these Terms of Service at any time, without giving reasons, unless an amendment is unreasonable to the user. Squader shall give due notice to the user regarding amendments to these Terms of Service. If the user does not object to the validity of the revised Terms of Service within six weeks of receipt of said notice, the amended Terms of Service shall be deemed accepted by the user. In its notice, Squader shall inform the user about the user’s right to object and the importance of the objection deadline.

9.2

Squader also reserves the right to modify the Terms of Service to the extent Squader is obliged to ensure the Terms of Service comply with legislation incumbent thereon, particularly in the event of a change to said legislation, to the extent XING is therefore deemed to have complied with a legal judgement or decision by the authorities, or if the modification is of a purely technical or process-related nature without any material impact for the user, or to the extent Squader introduces supplementary, completely new services or service components.

10. Indemnification

The User agree, to the extent permitted by law, to indemnify, defend, and hold harmless Squader, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) which are caused by a claim by a third party due to an illegal use of Squader by the user. The user will cooperate as fully as required by us in the defense or settlement of any claim.

11. Data protection

Squader is committed to the confidential treatment of the user’s personal data in accordance with data protection regulations. For further information, please refer to the privacy policy.

12. Dispute Resolution, arbitration

12.1

The user is asked to contact Squader if he has a request. The contact details can be found in the imprint.

12.2

Squader and the User agree that for any Dispute we shall commence an arbitration proceeding infront the allgemeinen Verbraucher Schlichtungsstelle (www.verbraucher-schlichter.de), Straßburger Straße 8, 77694 Kehl am Rhein, in Germany.

12.3

If the users located in the United States or Canada, Squader and the user each agree that each of us may bring Disputes against the other only on its own behalf, and not on behalf of any other person or entity, or any class of people. We and you each agree not to participate in a class action, a class-wide arbitration, Disputes brought in a private attorney general or representative capacity, or consolidated Disputes involving any other person or entity in connection with any Dispute.

12.4

If you are using the Squader-App on behalf of a business (rather than for your personal use), you and Squader agree that in case of a dispute we must commence an arbitration proceeding before the Dispute is brought to court. The arbitration will take place in Hamburg, Germany.

13. Schlussbestimmung

13.1

Place of jurisdiction for merchants within the scope of the German Commercial Code (HGB) shall be Hamburg in Germany.

13.2

These Terms of Service and the contractual relationship shall be governed by German law, excluding international private law and the provisions of the United Nations Convention on Contracts for the International Sale of Goods that have been adopted by German law. In the case of consumers, this choice is valid only in so far as the protection afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.