Effective Date: April 1, 2016
These Terms of Use are a translation from the original German version. In case of any discrepancies between the content of this translation and the original German version, the original German version shall prevail. Tellonym excludes all liability for a incorrect translation.
These Terms of Use (the TOU), govern your access to an use of the website and/or mobile application that link to these TOU (the Services) that are operated by Callosum Software GmbH (Tellonym, we, our, or us) and you agree to only access or use the Services in compliance with the TOU.
If you are under the age of majority in your country, and are not an emancipated minor (in countries that permit this) you must have your parent’s or guardian’s consent to enter into these TOU and to use the Services. By using the Services you acknowledge that you have received such consent.
Accessing our Service
By accessing or using the Services, you, your heirs, and assigns (you) are entering into a binding legal agreement with Callosum Software GmbH , an German company. Tellonym is therefore subject to German and European law. At the same time, you accept these Terms of Use and agree to our Privacy and Cookie policies, which are incorporated by reference into these Terms of Use. The personalized services of Tellonym cannot be provided and the conditions of this contract cannot be fulfilled without Tellonym processing data about you and other users. The processing of data that you pass on to Tellonym is essential for the personalized services that we offer and that you expect from us, including personalized content and advertising, and is a necessary part of the fulfillment of the contract with you.
This counts for registered users as well as unregistered ones. By using our Services in any way, you are agreeing to be bound by our Terms of use, our Privacy Policy and our Cookie Policy. You can find all of them on the bottom of this page.
If you do not accept and agree to the TOU then you must not access or use our Services.
Eligibility to use our Service
- To access our Services, you affirm that you are either over the age of maternity in your country or possess legal parental or guardian consent, and are fully able and competent to enter into and comply with the terms and conditions in our TOU, or you are at least 13 years old. If you are under the age of 13, you must not access or use our Services.
- In order to use some parts of our Service, you need to provide us with certain information, including your name, email address, and a password. You ensure us that you provide us solely true and accurate information and update it regularly. Alternatively, you are able to use certain third party social networking sites to register for our Services. You acknowledge, that you're only allowed to do so, if you are the owner of those social media account and that you are allowed to provide us with the information contained in these accounts. You authorize us to collect your authentication information, and other information that may be available on or through your social media account consistent with your applicable settings and instructions.
- You are responsible for making sure you follow all laws and regulations in the country in which you live when you access and use the Services.
- We enable the writing of tells by unregistered users. If you do so, you accept these terms and our privacy policy and will be treated like an user who is registered to our Services.
You are the only one who is allowed to access your Tellonym account. You ensure us to keep your password confidential and are only allowed to share it with your parent or guardian, if you are a minor. If you share your password with others or if you use the same password for services, that aren't connected to us, we are not responsible for anyone using your account, including sending and reading Tells. If you notice dubious actions on your account, you must let us know immediately by writing us an email to info@tellonym.de. You should also change your password immediately.
To enhance your Tellonym session, we implement technology that enables us to recognize your device and provides you with direct access to your account without a new authorization.
Non-registered users are able to access only the parts of the Services that are publicly available and do not enjoy all of the privileges of being a registered member. They are, however, subject to the terms of use.
Rules of Conduct
When it comes to uploading or posting anything on our Service, in some cases it can be seen or accessed by everyone who uses our Services (including non-registered users). You are solely responsible for everything you write or post on the Services, and you are subject to the following rules (the Rules of Conduct).
If you are using our Services, you are not allowed to post or send anything which:
- could potentially cause any harm or damage to anyone
- contains any software which could possibly harm somebodies privacy or was designed to attack or modify our Services in any way
- is obscene or pornographic, contains pictures of naked people, is sexually explicit or depicts graphic violence
- pretends to come from someone other than you or is impersonating someone else
- is bullying someone or is intended to harass, scare or provoke anyone
- encourages dangerous or illegal activities or self-harm
- is discriminating somebody based on someones sexuality, disability, gender, age, race or religion
- infringes other individual’s privacy rights
- is illegal, could expose Tellonym to legal liability, or encourages people to get involved in anything which is illegal (for example, drugs, violence, or crime)
- is defamatory or violates any third party’s rights, including breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property right
- competes with our Services, attempts to sell anything or is spam
- collects user content or information, or otherwise accesses the Services using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission
- shares, recompiles, decompiles, disassembles, reverse engineers, or makes or distributes any other form of, or any derivative work from, the Services
- otherwise breaches the TOU
We reserve the right, at any time and without prior notice, to remove or disable access to any content for any reason or no reason.
You acknowledge that we have no obligation to monitor your access to or use of the Services for violations of the TOU, or to review or edit any content. However, we have the right to do so for the purpose of operating and improving the Services, to ensure your compliance with the TOU and to comply with applicable law or the order or requirement of a court, consent decree, administrative agency or other governmental body. Were also allowed to monitor and block any of your content to prevent misusing of our Services and to take action against bullying.
We may access, preserve or disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to respond to claims asserted against us or to comply with legal process (for example, subpoenas or warrants), including those issued by courts having jurisdiction over us or you, enforce or administer our agreements with users, such as these TOU; for fraud prevention, risk assessment, investigation, customer support, providing the Services or engineering support, or protect the rights, property or safety of Tellonym, the users of the Services, or members of the public.
Termination
In case you are a registered user, you are able to deactivate your membership at any time by accessing your account, going to the settings page and to click the delete-button. By deleting your account, you will not be able to recover your account anytime later. We will delete all tells you received and will delete your account data 30 days after your deactivation. During that time, you are able to stop the termination process by accessing your account. We have to save your data this long to handle all potential inquiries connected to your account. We will not use your data for any other purpose after your deletion.
Please be aware that even after you remove certain information from your profile, copies of such may still be visible on the Internet, if those have been shared with others previously or were accessible by search engines. The same applies to any third party application or website you granted access to your personal information. We can not control if they keep your information and how they may use them and do not accept any responsibility or liability for this.
We may suspense or terminate your user access for any reason and without notice. We also reserve the right to prevent you from accessing our Services by using technological solutions we consider appropriate.
Your License to Use the Services
- We grant you a personal, limited, revocable, non-exclusive and non-transferable license to access and use the Services only as expressly permitted in these TOU. You shall not use the Services for any illegal purpose or in any manner inconsistent with the provisions of these TOU.
- We reserve the right to change our Services at any time without noticing you. This may include Upgrades, Updates, as well as Downgrades or the discontinuity of certain parts of our Services.
- If you submit material to the Services, unless we indicate otherwise, you grant us a perpetual (for tells you send), nonexclusive, royalty-free, fully-paid-up, and fully sub-licensable right to access, view, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display such material throughout the world in any form, media, or technology now known or hereafter developed. You represent and warrant that you own or otherwise control all of the rights to the material that you submit; that the material you submit is truthful and accurate; and that use of the material you supply does not violate the TOU, the rights of any third party, or any applicable laws. You unconditionally waive in favor of all of our moral rights in respect of material you submit to the Services under any laws in force from time to time in any part of the world. If you leave the Services, your account information and any material you have posted in response to questions will be deleted after twelve month but your tells will remain on the Services.
- You may get asked to participate in surveys or tests. If you agree to take part in such an Evaluation, you agree that Tellonym collects your answers, suggestions, comments, ideas, feedback, designs and any other materials in any medium (collectively Materials). You further agree that Tellonym owns any Materials in perpetuity and exclusively throughout the world, and you assign all rights you have or may have in any of those Materials to Tellonym, as well as any ideas or information the Materials may generate in the future. You represent and warrant that Tellonyms ownership and use of the Materials does not and will not violate the rights of any third party, or any applicable laws. You unconditionally waive in favor of us all moral rights in respect of the Materials.
Intellectual Property Rights
Tellonym and all it's Services (and it's content) are owned and are protected by trademarks, copyright laws, international treaty provisions, service marks and variety of other intellectual property laws and treaties. You ensure us to respect all our copyright claims. Tellonym doesn't warrant nor represents that your use of materials displayed on our Services will not infringe rights of third parties not owned by or affiliated with Tellonym. You agree to notify us if you become aware of any claim that infringes any copyright claims or any laws.
Your use of any of our content is strictly prohibited unless you have our permission.
Warranty Disclaimer
You agree that you use our Services at your sole risk. To the fullest extent permitted by applicable law, Tellonym and it's respective employees and affiliates disclaim all warranties, express or implied, in connection with the Services and your use of them. We do not take responsibility nor make the warranty, that the Services have been and will be provided with proper skill, care and diligence or about the accuracy or completeness of the Services Content and assume no responsibility for
- any Bugs, Viruses, Trojan horses or any software which could potentially be transmitted to or through the Services or actions of any third party
- any loss of your data or content from the services
- any interruption in the use from our Services
- any errors, mistakes or inaccuracies of content,e) any personal injury or property damage of any nature
- any unauthorized access to our servers and/or any and all personal information and/or financial information stored therein
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services and we will not be responsible for monitoring any transaction between you and third-party providers of products or services. You are solely responsible for all of your communication and interactions with other users of our Services.
Limitation of Liability
To the fullest extend permitted by applicable law, in no event shall the Tellonym parties be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages resulting from any items contained in the \"Warrant Disclaimer\"(7., a to f).
Despite the above, our total liability to you for any cause of action you take against us will at all times be limited to the greater of 1) one hundred EURO (100€) or 2) your total spend on electronic purchases on our Services in the last 12 months.
You specifically agree that we are not publishers of user submission or able for the defamatory, offensive, or illegal conduct of any third party.
Indemnity
You agree to indemnify, defend, and hold the Tellonym Parties harmless, from and against any third party claims, proceedings, damages (actual and/or consequential), demands, actions, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with, your access to and use of Tellonym; your breach of the TOU, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party; or any products or services purchased or obtained by you in connection with our Services. Tellonym retains the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
General
Governing Law and Jurisdiction
You agree that: (i) the Services shall be provided from GERMANY; (ii) the laws of GERMANY apply to these TOU, including any contractual or non-contractual matter or dispute arising out of or in connection with these TOU, your access to and use of the Services, and the relationship between us and you; and (iii) the courts of Germany have exclusive jurisdiction in connection with these TOU and all such matters and disputes arising out of or connected to the Services. Notwithstanding the foregoing, you agree that we may seek interim, preliminary or protective relief before the competent courts of any jurisdiction.
Entire Agreement and Waiver
These TOU, together with the Privacy Policy and Cookie Policy, shall constitute the entire agreement between you and us concerning the Services.
If, for any reason, any provision of these TOU is declared to be illegal, invalid, void or otherwise unenforceable by a competent court of any jurisdiction, then to the extent that term is illegal, invalid, void or unenforceable, it shall be severed and deleted from these TOU and the remainder of these TOU shall survive, remain in full force and effect and continue to be binding and enforceable. No failure or delay by us in exercising any right, power or privilege under these TOU shall operate as a waiver of such right or acceptance of any variation of these TOU and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.
Linking and Framing
You may not frame the Services. You may link to the Services, provided that you acknowledge and agree that you will not link the Services to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights. Any violation of this provision may, in our sole discretion, results in termination of your use and access to the Services effective immediately.
Third Party Sites and Services
Content on our Services may contain any links to third party websites and applications that do not have any connection to us. We are not able to, and assume no responsibility for any content and policies on those sites. To the extent permitted by law, we disclaim all liability arising from your use of third party applications and websites.
Updates in our Terms of use
We may make changes to our TOU for any reason and at any time. You will find the most recent version behind the link to our footer. Prior versions are online and are accessible at the bottom of this page. If the changes, in our sole discretion, are material, we may also notify you by sending an email to the address associated with your Account (if you have chosen to provide an email address) or by otherwise providing notice through our Services. If you continue the use of our Services after the new TOU are taking effect, you confirm that you agree to any changes made in the TOU. If you don't agree, you have to stop using our Services without a claim for refund of any payment transactions.