Effective Date: March, 14 2019.
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.
1. Your Access to the Services
To access our Services, you affirm that you are either over the age of maturity 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.
Additionally, you must be over the age required by the laws of your country to create an account or otherwise use the Services, or we need to have received verifiable consent from your parent or legal guardian.
In addition, certain of our Services or portions of our Services require you to be 17 years of age or older, including the ability to receive messages from users without registering for our Services.
If you are accepting these Terms on behalf of another legal entity, including a business or a government, you represent that you have full legal authority to bind such entity to these terms.
2. 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. Also if you answer Tells and make the answer and the original Tell public, you are responsible for the content of both. In every case, you are subject to the following rules.
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 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. We are 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.
3. Your Tellonym Account and Account Security
You are solely responsible for the information associated with your Account and anything that happens related to your Account. You must maintain the security of your Account and promptly notify Tellonym if you discover or suspect that someone has accessed your Account without your permission. We recommend that you use a strong password that is used only with the Services.
You will not license, sell, or transfer your Account without our prior written approval.
4. Terminating Your Account
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 than 30 days. 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 with the previous login credentials. 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.
5. 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, you remain to be the owner of the material and grant us a perpetual, irrevocable, non-exclusive, 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 the reactivational period but your sent 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 Tellonym's 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 its Services (and its 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.
You agree that you use our Services at your sole risk. To the fullest extent permitted by applicable law, Tellonym and its 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, 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.
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.
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.
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
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.
Moderating on Tellonym is an unofficial, voluntary position that may be available to users of the Services. We are not responsible for actions taken by the moderators. We recognize that moderation can take some work, so we may change the features or abilities associated with moderating from time to time without prior notice. We reserve the right to revoke or limit a user’s ability to moderate at any time and for any reason or no reason, including for a breach of these Terms.
If you choose to moderate:
- You agree to follow the Moderation Guidelines
- You agree that when you receive reports related to your community, that you will take action to moderate by removing content and/or escalating to the admins for review;
- You may not represent that you are authorized to act on behalf of Tellonym / Callosum Software GmbH;
- You may not enter into any agreement with a third party on behalf of Tellonym / Callosum Software GmbH, without our written approval;
- You may not perform moderation actions in return for any form of compensation or favor from third parties;
- If you have access to non-public information as a result of moderating, you will use such information only in connection with your performance as a moderator;
Tellonym reserves the right, but has no obligation, to overturn any action or decision of a moderator if Tellonym believes that such action or decision is not in the interest of Tellonym or the Tellonym community.
Third Party Sites and Services
The Services may contain links to third-party websites, products, or services, which may be posted by advertisers, our affiliates, our partners, or other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any of their websites, products, or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.
The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any Content or information on the Services, including Your Content. To the extent permitted by law, we disclaim all liability arising from your use of third party applications and websites.
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. You will get an announcement in your inbox three days before any changes are applied. 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.