These Terms and Conditions (TAC) apply to all Services of Wildtrolls Ltd. & Co. KG (Our) Web, Smart Phones Application „u2nite“ and any other web- and mobile Service offered by Wildtrolls Ltd. & Co. KG . Users that access, download, use, purchase and/or subscribe Wildtrolls Ltd. & Co. KG Services agree to do so under the following terms and conditions.
AGREEMENT TO THIS TERMS OF SERVICE
Before using Wildtrolls Ltd. & Co. KG Services, please read the following terms and conditions of Service. By downloading, accessing, purchasing, using and/or subscribing our Services, you confirm, that you have read, understood and agreed to the following terms and conditions (TAC). This also applies to future changes of these TAC. If you do not agree you must not make use of or download our Services. This binding agreement between the user and Wildtrolls Ltd. & Co. KG can be received as a copy by e-mail at firstname.lastname@example.org
Our Services are restricted to persons at the age of 18 and older or in places where 21 years is the age of majority, at the age of 21 and older. All other user’s must not download, use or view our Services. You hereby confirm, that you fulfill these age requirements..
DISCLAIMER ABOUT LOCATION DATA AND USAGE
Our Services are only for personal location based use and do not intend to be precise or/and reliable. You must not use our Services for fail-save purposes or reliable purposes. Wildtrolls Ltd. & Co. KG is not liable for any injury, loss or damage, death, or any unpleasant circumstances caused by the use of our Services.
MODIFICATION OF THIS AGREEMENT
We reserve the right, to change, modify, add, or remove parts of this agreement at our discretion at any time.In any case the lates TAC are valid as soon as they are posted on our web site or Services and you agree to check periodically.
OWNERSHIP AND PROPERTY RIGHTS
The Wildtrolls Ltd. & Co. KG Services are owned and operated by Wildtrolls Ltd. Under Wildtrolls Service, Wildtrolls Ltd. or Wildtrolls Ltd. & Co. KG, the company mentioned in these Terms and Conditions, encompasses all products developed and marketed by Wildtrolls. Currently, this includes the brand „u2nite,“ as well as any future products produced and marketed by the company. The Wildtrolls Services and software, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, Services, including, but not limited to, the mobile device applications, and all other elements of the Wildtrolls Services are protected by UK and German copyright, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All materials contained in the Wildtrolls Ltd. & Co. KG Services are the property of Wildtrolls Ltd. You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of these data.
GUIDELINES; USAGE RULES; PROHIBITED CONDUCT & USES
Wildtrolls’ Guidelines located at Guidelines is hereby incorporated into this Agreement by reference. Please read the Guidelines carefully before providing any photo, text, or links to the Wildtrolls Services.
You understand and hereby acknowledge and agree that you will comply with the guidelines and you may not and warrant that you will not:
REFUSAL OR SUSPENSION OF SERVICE
If you use Wildtrolls Ltd. & Co. KG Services, you warrant that all registration information you submit is truthful and accurate and you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Wildtrolls Ltd. & Co. KG Services account login information and are fully responsible for all activities that occur under your Wildtrolls Ltd. & Co. KG Account. You agree to immediately notify Wildtrolls Ltd. & Co. KG of any unauthorized use, or suspected unauthorized use of your account or any other breach of security. Wildtrolls Ltd. & Co. KG can not and will not be liable for any loss or damage arising from your failure to comply with the above requirements. Wildtrolls reserves the right to monitor the Services and the users use of Services with no obligation to do so. Wildtrolls reserves the right to disable, terminate or suspend any user account or the complete Services without any notice. In such case Wildtrolls Ltd. & Co. KG Will not continue charging fees tot he user oft that account, but is not liable to refund any fees already payed. The user is solely responsible for any interactions or engagements with other users. Wildtrolls Ltd. & Co. KG will not be held responsible or liable for any loss, damage, or injury that may occur as a result of such interactions. Additionally, Wildtrolls reserves the right to deny access to any user for any reason, without providing any prior notice.
The Wildtrolls Services allow the submission of content and materials (such as pictures, ideas, notes, concepts, or creative suggestions) by you and other Users and the hosting, sharing and/or publishing of such User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that:
THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS
The Wildtrolls Services may include links to other web sites or Services solely as a convenience to Users. Wildtrolls does not endorse any such linked sites or the information, material, products or Services contained on other linked sites or accessible through other linked sites. Furthermore, Wildtrolls makes no express or implied warranties with regard to the information, material, products or Services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and Services on linked sites or available through linked sites is solely at your own risk. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Wildtrolls Services are solely between you and such advertiser. You agree that Wildtrolls shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Wildtrolls Services. Parties other than Wildtrolls may provide Services or sell products via the Wildtrolls Services. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or the content of their product and Service offerings. Wildtrolls does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms and conditions of use.
END USER LICENSES
To use the Wildtrolls Software you must have a mobile device that is compatible with the Wildtrolls Services. Wildtrolls does not warrant that the Wildtrolls Services will be compatible with your mobile device. Subject to the terms of this Agreement, Wildtrolls hereby grants you a nonexclusive, non-transferable, revocable license to
Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such open source software. In particular, nothing in this Agreement restricts you’re right to copy, modify, and distribute such open source software that is subject to the terms of the GNU General Public License. The foregoing license grant under this Agreement is not a sale of the Wildtrolls Software or any copy thereof and Wildtrolls or its third party partners or suppliers retain all right, title, and interest in the Wildtrolls Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Wildtrolls reserves all rights not expressly granted under this Agreement. The name of this web site is a Service mark of Wildtrolls. No use of this mark shall be permitted except through the prior written authorization and permission of Wildtrolls. All rights reserved. You acknowledge and agree that the availability of the Wildtrolls Software is dependent on the third party from which you received the Wildtrolls Software, e.g., the Android Market or Apple app store. You acknowledge that this Agreement is between you and Wildtrolls and not with the App Store. Each App Store may have its own terms and conditions to which you must agree before downloading the Wildtrolls Software from it. You agree to comply with, and your license to use the Wildtrolls Software is conditioned upon your compliance with, all applicable terms and conditions of the applicable App Store.
You agree that Wildtrolls, in the good faith belief that you have violated any of the terms and conditions of this Agreement, may terminate any account you have with the Wildtrolls Services or your use of the Wildtrolls Services or any portion thereof and remove and discard all or any part of your account or any User Submission, at any time.
You agree that any termination of your access to the Wildtrolls Services or any account you may have or portion thereof may be effected without prior notice, and you agree that Wildtrolls will not be liable to you or any third-party for any such termination.
Wildtrolls does not permit copyright infringing activities on the Wildtrolls Services, and reserves the right to terminate access to the Wildtrolls Services, and remove all content submitted, by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Wildtrolls may have at law or in equity.
DISCLAIMERS; NO WARRANTIES
the Wildtrolls Services and any third-party software, Services, or applications made available in conjunction with or through the Wildtrolls Services are provided “as is”, “as available”, and without warranties of any kind either express or implied.
Wildtrolls, and its suppliers and partners, disclaim all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.
Wildtrolls and its suppliers and partners do not warrant that the functions contained in the Wildtrolls Services will be uninterrupted or error-free, that defects will be corrected, or that the Wildtrolls Services or the server that makes them available are free of viruses or other harmful components.
Wildtrolls and its suppliers and partners (including Wildtrolls’s third-party wireless carrier partners) do not warrant or make any representations regarding the use or the results of the use of any location information or the other Wildtrolls Services in terms of security, safety, correctness, accuracy, reliability, or otherwise. You (and not Wildtrolls or its suppliers or partners) assume the entire cost of any necessary Services or equipment necessary to access the Wildtrolls Services. You understand and agree that you download or otherwise obtain material or data through the use of the Wildtrolls Services at your own discretion and risk. Certain state laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
IDENTIFICATION; HOLD HARMLESS
You agree to indemnify, defend, and hold Wildtrolls (and its affiliated companies, contractors, employees, agents, and suppliers and partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, brought by a third party arising out of or related to
LIMITATION OF LIABILITY AND DAMAGES
You acknowledge and agree that under no circumstances, including negligence, will Wildtrolls (or its affiliates, contractors, employees, agents, or third-party partners or suppliers) be liable to you for any special, indirect, incidental, punitive, reliance, consequential, or exemplary damages [related to or resulting from:
You agree that the limitations of liability set forth in this section will survive any termination or expiration of this agreement and will apply even if any limited remedy specified herein is found to have failed of its essential purpose. in no event shall Wildtrolls’s (or its affiliates, contractors, employees, agents, suppliers, or third-party partners or suppliers) total liability to you for all damages, losses, and causes of action [arising out of or relating to this agreement or your use of the Wildtrolls Services] (whether in contract, tort (including without limitation negligence), warranty, or otherwise) exceed the amounts paid by you for accessing the Wildtrolls Services during the twelve (12) months immediately preceding the date of your claim or fifty dollars, whichever is greater. applicable law in your state may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. in such cases, you agree that Wildtrolls’s liability will be limited to the extent permitted by applicable law in your state.
BENEFIT OF THE BARGAIN
You acknowledge and agree that Wildtrolls has offered the Wildtrolls Services, set its prices, and entered into this agreement in reliance upon the warranty disclaimers and the limitations of liability set forth above. You further acknowledge and agree that the warranty disclaimers and the limitations of liability set forth in this agreement reflect a reasonable and fair allocation of risk between you and Wildtrolls, and that the warranty disclaimers and the limitations of liability set forth in this agreement form an essential basis of the bargain between you and Wildtrolls. Wildtrolls would not be able to provide the Wildtrolls Services to you on an economically reasonable basis without these limitations and disclaimers.
You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to,
The Digital Millennium Copyright Act (DMCA) is a law that specifically addresses copyright-related issues within the United States. It establishes a framework for copyright holders to safeguard their intellectual property rights in the digital realm. When you utilize our services and consent to our Terms and Conditions, you acknowledge that Wildtrolls reserves the right to enforce its rights under all applicable copyright laws in different countries to protect its intellectual property.
PAYMENTS. CANCELATION. FINAL SALE
Any and all payments made to Wildtrolls for use and access to any Wildtrolls Services and Wildtrolls Software are final and all charges are nonrefundable. Cancellations are effective the following billing period in which payment is due. You will not receive a refund for any payment amount, even if payment was made for multiple billing periods.
If you have an account set up for reoccurring billing, you may cancel your account at any time. You will continue to have the same access for any billing period or periods for which you have paid. If your profile content or your conduct within the Wildtrolls Software or Wildtrolls Services violates our Terms of Service, your access and account may be immediately terminated and all payments forfeited. We reserve the right at any time to charge fees for access to portions of the Wildtrolls Services, Wildtrolls Software or the Wildtrolls Services or Wildtrolls Software as a whole
This Agreement shall be governed by and construed in accordance with the laws of the Germany, without giving effect to any principles of conflicts of law.
Except as set forth below, you agree that any action at law or in equity arising out of or relating to this Agreement or the Wildtrolls Services shall be filed only in the state or federal courts in and for Munich, Germany and you hereby consent and submit exclusively to the personal jurisdiction of such courts for the purposes of litigating any such action.
Nothing in this Agreement shall not prevent Wildtrolls from seeking injunctive relief in a court of competent jurisdiction. If a dispute arises between you and Wildtrolls, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. You agree that you will notify us about any dispute you have with Wildtrolls regarding the Wildtrolls Service by emailing email@example.com.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same.
A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement. Wildtrolls may provide you with notices, including those regarding changes to this Agreement, by email, regular mail or postings on the Wildtrolls Services. This Agreement (including the Guidelines), and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned or transferred by Wildtrolls without restriction.
You and Wildtrolls agree that any cause of action arising out of or related to the Wildtrolls Services must commence within (6) six months (half a year) after the cause of action accrues. Otherwise, such cause of action is permanently barred. The Services hereunder are offered by Wildtrolls Ltd. Wildtrolls LTD, Suite 2231, 26/27 Upper Pembroke Street, Dublin 2, Irland and Wildtrolls Ltd. & Co. KG, Munich Germany. General Inquiries: firstname.lastname@example.org.
Apple App Store Additional Terms and Conditions. The following additional terms and conditions apply to you if you are using a Wildtrolls Software from the Apple App or Google Play Store. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions apply, but solely with respect to Wildtrolls Softwares from the Apple App Store and Google Play Store. The company Wildtrolls and you acknowledge that this Agreement is concluded between Wildtroll and you only, and not with Apple / Google, and Wildtrolls, not Apple/Google, is solely responsible for Wildtrolls Software and the content thereof. To the extent this Agreement provides for usage rules for Wildtrolls Software that are less restrictive than the Usage Rules set forth for Wildtrolls Software in, or otherwise is in conflict with, both App Stores Terms of Service, the more restrictive or conflicting Apple/google term applies. The license granted to you for Wildtrolls Software is limited to a non-transferable license to use Wildtrolls Software on an iOS or Android Product that you own or control and as permitted by the Usage Rules set forth in the App Stores Terms of Service. Wildtrolls is solely responsible for providing any maintenance and support Services with respect to Wildtrolls Software, as specified in this Agreement (if any), or as required under applicable law. Wildtrolls and you acknowledge that Apple/Google has no obligation whatsoever to furnish any maintenance and support Services with respect to Wildtrolls Software. Wildtrolls is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of Wildtrolls Software to conform to any applicable warranty, you may notify Apple/Google, and Apple/Google will refund the purchase price for Wildtrolls Software to you; and to the maximum extent permitted by applicable law, Apple/Google will have no other warranty obligation whatsoever with respect to Wildtrolls Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Wildtrolls’s sole responsibility. Wildtrolls and you acknowledge that Wildtrolls, not Apple/Google, is responsible for addressing any claims of you or any third party relating to Wildtrolls Software or your possession and/or use of Wildtrolls Software, including, but not limited to:
Munich, Germany – 01. May 2023
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE