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Terms of Service

Privacy Policy

Below you will find the Terms of Service for tiqz. Your privacy is very important to us. Please also read our Privacy Policy and measures to protect your privacy. They are part of our Terms of Service.

Please Note: Our Terms of Service are in German following German law. If this translated version shows any variations compared to the German version, the German version is always decisive.

By accepting this Terms of Service you confirm that you live in a country that allows you to use the services of tiqz.

Manner and scope of the tiqz services and application of this Terms of Service

1 tiqz is a service for sharing actual information about events or locations with details (such as position, textual descriptions and photographs) in the tiqz community.

2 In addition, each user has the possibility to create information and store additional textual information and / or photos in the system of tiqz. The User may use provided features (such as the electronic transmission of messages) to present these to other users as well as public.

3 The user can use the offered share functions to share associated data of necessary parts. The user is explicitly prohibited to export, distribute or publish information in other ways than with the offered export function.

4 The following Terms of Service apply to the use of the under sub-paragraphs 1.1, 1.2, 1.3 and 1.4 preceding described services of tiqz. By using the services of tiqz the user agrees to the following Terms of Service and the Privacy Policy of tqiz. The foregoing applies regardless whether the user uses the services of tiqz directly on the website of tiqz or any third party services which have integrated services of tiqz and services of tiqz are thereby also available there.

2 Partners of these Terms of Services

1 The user closes this agreement for the usage of services of tiqz with tiqz UG (haftungsbeschränkt), Weißenberg 1, 69231 Rauenberg, Germany.

3 Costs of using the services of tiqz, connection fees

1 tiqz provides the user a large part of its services free of charge. When the user wishes to use paid services of tiqz, it will be specifically mentioned and confirmed explicitly by the user within a purchase process.

2 If an user triggers downloads of any data provided by tiqz (e.g. in the form of browsing latest information) on a device specified by the user (e.g. computer or mobile phone) there are connection or transfer fee which the user has to pay to his internet provider or mobile operator.

4 Accomplishment of the usage agreement

1 The user accepts the Terms of Service, these general terms and conditions by using tiqz and information obtained by tiqz

2 To share own information and data requires a registration. The following information must be specified ("Mandatory Information")

3 [1] Personal e-mail address; [2] Username; [3] A freely selected password (at least 6 characters consisting of letters, numbers and / or symbols); [4] Statement of the user about his agreement with the validity of these Terms and Conditions; ). The aforementioned information of the user except the username are not visible to other visitors or users of tiqz or third parties.

4 Optionally, the user also has the ability to specify profile data about data beyond his duty. Depending on the settings chosen by the user, or clear identification by tiqz, this data is for other users made available publicly visible.

5 Each user may register only once and only create one user profile.

6 A legal entitlement to registration as a user of the services of tiqz does not exist. This reserves tiqz to reject a registration requested by an appropriate message to the user without giving reasons.

7 By the successful completion of the initial registration process, the user makes an offer to enter the agreement to use the services of tiqz. tiqz accepts this offer by activating the membership for the services of tiqz.

8 Even if the registration process is finished, tiqz is entitled to delete the complete registered account, including all information provided by users until then irreversible.

5 Right of cancellation

1 You can exercise your right of cancellation by contacting us by email or letter to confirm your cancellation. You do not have to provide any reason for your cancellation. If you wish to exercise your right of cancellation in this way, you should contact us at:

2 tiqz UG (Haftungsbeschränkt) Weißenberg 69231 Email: cancelation@tiqz.de

6 Modification of the scope of tiqz

1 tiqz has the right to extend the site of tiqz and / or the change of tiqz solutions offered at any time of content, graphical and / or functional, to reduce or stop. The same applies to the services offered by tiqz.

7 DISCLAIMER

1 THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THE WEBSITE, THE APPS AND ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE WEBSITE, THE APPS OR OTHERWISE, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”.

2 WHILST TIQZ USES REASONABLE ENDEAVOURS TO CORRECT ANY ERRORS OR OMISSIONS IN THE PLATFORM AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO TIQZ ATTENTION, TIQZ MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE WEBSITE, THE APPS, THE SERVICES OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES. TIQZ DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE PLATFORM OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TIQZ DOES NOT WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE PLATFORM WILL BE SECURE OR THAT ANY ELEMENTS OF THE PLATFORM DESIGNED TO PREVENT UNAUTHORISED ACCESS, SHARING OR DOWNLOAD OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES, AND DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION.

3 TIQZ AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

4 WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THIS AGREEMENT.

8 LIMITATION OF LIABILITY

1 TIQZ AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR:

2 ANY LOSS OR DAMAGE ARISING FROM:

3 (A) YOUR INABILITY TO ACCESS OR USE THE PLATFORM OR ANY PART OR PARTS THEREOF, OR TO ACCESS ANY CONTENT OR ANY EXTERNAL SERVICES VIA THE PLATFORM;

4 (B) ANY CHANGES THAT TIQZ MAY MAKE TO THE PLATFORM OR ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE PLATFORM OR ANY CONTENT IN OR FROM ANY OR ALL TERRITORIES;

5 (C) ANY ACTION TAKEN AGAINST YOU BY THIRD PARTY RIGHTSHOLDERS WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF SUCH THIRD PARTY’S RIGHTS RELATING TO YOUR CONTENT OR YOUR USE OF THE PLATFORM, OR ANY ACTION TAKEN AS PART OF AN INVESTIGATION BY TIQZ OR ANY RELEVANT LAW ENFORCEMENT AUTHORITY REGARDING YOUR USE OF THE PLATFORM;

6 (D) ANY ERRORS OR OMISSIONS IN THE PLATFORM’S TECHNICAL OPERATION, OR FROM ANY INACCURACY OR DEFECT IN ANY CONTENT OR ANY INFORMATION RELATING TO CONTENT;

7 (E) YOUR FAILURE TO PROVIDE TIQZ WITH ACCURATE OR COMPLETE INFORMATION, OR YOUR FAILURE TO KEEP YOUR USERNAME OR PASSWORD SUITABLY CONFIDENTIAL;

8 ANY LOSS OR DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE, ANY LOSS OF DATA (INCLUDING YOUR CONTENT), OR ANY LOSS OR DAMAGE FROM ANY SECURITY BREACH; AND/OR ANY LOSS OF PROFITS, OR ANY LOSS YOU SUFFER WHICH IS NOT A FORESEEABLE CONSEQUENCE OF TIQZ BREACHING THESE TERMS OF USE. LOSSES ARE FORESEEABLE WHERE THEY COULD BE CONTEMPLATED BY YOU AND TIQZ AT THE TIME YOU AGREE TO THESE TERMS OF USE, AND THEREFORE DO NOT INCLUDE ANY INDIRECT LOSSES, SUCH AS LOSS OF OPPORTUNITY.

9 ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM MUST BE NOTIFIED TO TIQZ AS SOON AS POSSIBLE.

10 APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND TIQZ AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND TIQZ, AND THAT TIQZ’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

11 NOTHING IN THESE TERMS OF SERVICE LIMITS OR EXCLUDES THE LIABILITY OF TIQZ, ITS SUBSIDIARIES, SUCCESSORS, ASSIGNS, OR THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND/OR SHAREHOLDERS: (I) FOR ANY DEATH OR PERSONAL INJURY CAUSED BY ITS OR THEIR NEGLIGENCE, (II) FOR ANY FORM OF FRAUD OR DECEIT, (III) FOR ANY DAMAGES CAUSED WILFULLY OR BY GROSS NEGLIGENCE, OR (IV) FOR ANY FORM OF LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.

9 Technical limitation of certain functions

1 Certain functions of the system tiqz are limited in their scope. This applies, for example to the number of photos added to a particular information of the user. Limitations of this kind can be determined by tiqz its sole discretion and at any time changed again.

10 Community aspects, GPS data, user data, content removal

1 The information and service tiqz provides increases in its appeal, significance, level of detail and individuality, as users are willing to add content (in the form of texts, photos, videos, graphics and GPS data) to a particular information or to the system of tiqz. These contents are referred to as "Usage Data" below. The use of reference data to the profile of a registered user will be referred to as "Personal Usage Data".

2 As an user enables the application of tiqz and triggers the upload of the data obtained from the GPS system to the tiqz system, the user agrees to the fact that this data is then analyzed, processed, stored and shared with the tiqz community by the system of tiqz:

3 a) The personal usage data in the above clause 10.1 are analyzed in order to provide users automatically an increasingly individualized content in future, and is stored in the system of tiqz related to this user. The user has the option to terminate the service and thus delete personal usage data.

4 b) However, the in section 10.1 mentioned usage data is analyzed, processed and stored in the system of tiqz, regardless of the person of the respective user. The collection and storage of usage data is used to check the information content of the data provided by tiqz ready for other users to continually update and improve the service of tiqz.

5 The aforementioned personal usage data of each user are either for mere visitor to the services of tiqz or third parties or for already registered users of the services of tiqz accessible or otherwise apparent.

6 All contents (texts, photos, videos) that has been uploaded to the platform of tiqz and made available for other users in connection with the personal profile of the user, can always be removed by the user himself from the system of tiqz, i.e. deleted irreversible.

11 Retrieval and modification of personal data by the user

1 If the user wants to achieve the deletion of all data related to his person, he has to terminate the contract in accordance with tiqz license agreement paragraph 18.

2 The in section 16.2 b) made provisions for the storage of content after the date of termination of the contract with the user remains unaffected.

12 Obligations of the user

1 Confidentiality of access:

2 The User shall keep access data in the sense of the above paragraph 4.2 confidential and not disclosed to third parties.

3 Legitimacy of content:

4 a) The User agrees not to publish any content (mainly in the form of text, photos, video, graphics), or forward on the platform of tiqz that is unlawful, in particular racist, pornographic, offensive or defamatory or violates third party rights, in particular violates copyrights. Accordingly, the user is fully responsible for all content that he published and distributed with the platform of tiqz.

5 b) Should a user be advised, or otherwise becomes aware, that content uploaded on the platform of tiqz by him may be violating law, he shall immediately remove this content from the platform of tiqz. The in section 16.2 b) made provisions for the storage of content after the date of termination of the contract with the user remains unaffected.

6 Private and commercial use:

7 He assures to use tiqz only legally, proper and in accordance with these terms and conditions and related terms and conditions, applicable policies or guidelines and contained purposes. Therefore the user may not use content and features in any other way except those described on www.tiqz.de.

8 Omission of abuse and flaw: The user is obliged to omit harassing anyone with attempts to communicate and to refrain from any sexual way of communication. Finally, the user has to refrain from any actions which are likely to affect the functionality of the platform and the services of tiqz.

13 Granting of rights by the user to the content posted by him

1 If the user uploads content (mainly, but not exclusively, in the form of texts, GPS tracks, photos, videos, and graphics) on a platform of tiqz and by this makes this content available to other users, the user grants tiqz the non-exclusive right to use this content across the complete platform of tiqz and technically connected media (especially the internet and mobile phones) make it available to the public and to other users — no matter what technical connection. Encompassed by the above-mentioned right the user is granting the right to tiqz to edit the content posted by a user, in particular to take all necessary technical adjustments (e.g. in terms of the resolution of photos).

2 The rights that are granted tiqz according to the above clause 13.1 of the content uploaded by a user does not expire on the date in which the contract for the use of the services of tiqz according to paragraph 18 is terminated or content is removed by the user himself from the system of tiqz, i.e. is deleted. The in section 16.2 b) made provisions for the storage of content after the date of termination of the contract with the user remains unaffected.

14 Contents of users and third parties

1 The User warrants that he owns all necessary rights to the content placed by him on the platform of tiqz. He hereby agrees to indemnify, defend and hold harmless tiqz, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:

2 (i) any violation by you of these terms of service or related guidelines;

3 (ii) any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of the users content on the platform, and/or your making available thereof to other users of the platform, and/or the actual use of users content by other users of the platform or linked services in accordance with these terms of service and the parameters set by you with respect to the distribution and sharing of the users content;

4 (iii) any activity related to the users account, be it by the user or by any other person accessing the users account with or without your consent unless such activity was caused by the act or default of tiqz.

5 tiqz makes content from third parties such as business listings, images and related information provided by third parties accessible to users. In addition, the user has access to other third party content which is made available by tiqz. tiqz accepts no responsibility for the accuracy or completeness of such information provided by third parties. The use of the content of third parties may be subject to additional terms and conditions that the user can view each.

15 Careful selection of information by the user, the ownership principle

1 The user is aware that he has to make his own careful decision to trust information distributed by tiqz. Accordingly tiqz takes no responsibility or liability for that information is error-free.

16 Privacy, permanent storage of data in certain cases

1 tiqz electronically processes the information provided by the user for purposes arising from the concluded contract for the services of tiqz. Accordingly, the disclosure of data by tiqz to third parties is done only in the context of the contract.

2 By agreeing to these terms and conditions, the user declares his consent at the same time that

3 tiqz uses the personal data of the user and / or the content (especially text, photos, video, graphics) posted by him on the platform of tiqz to safeguard overriding interest in disclosing the possible misuse of the platform or the system of tiqz or for prosecution of the date of termination of the process between the affected users and tiqz signed usage agreement beyond, uses, stores, transmitted to law enforcement authorities and / or injured third parties whose rights unless and tiqz to documenting actual evidence of such abuse by the user / or present the setting of illegal content by the user.

4 The user may revoke his consent to the processing of projecting his personal data at any time with effect for the future against tiqz. The user has to submit its notice of withdrawal to tiqz mailed to the business address of tiqz (tiqz UG (Haftungsbeschränkt), Weißenberg 1, 69231 Rauenberg).

17 Temporary blocking of a user, delete content through tiqz

1 Should tiqz obtain concrete evidence that the user shows illegal behavior in the use of the platform, in particular violating the rights of third parties infringing content in the system of tiqz set or committed other violations of these terms and conditions, tiqz is entitled to remove legally objectionable or offending material from the platform of tiqz without notice to the affected and / or to exclude (possibly) illegal behaving users temporarily from using the services of tiqz after appropriate notice, i.e. pending resolution of the allegations made against the affected user.

2 The measures taken under the provisions of section 18.3 right of termination of tiqz remain unaffected.

18 Termination of License Agreement, cancellation

1 The registered user is entitled at any time to terminate the contract with tiqz without specifying a reason and without a deadline to meet. For such termination of the user, it is sufficient that he The user can send his resignation letter to tiqz also via mail to the business address of tiqz (tiqz UG (Haftungsbeschränkt), Weißenberg 1, 69231 Rauenberg).

2 tiqz however, is not entitled to a notice period to ordinary termination of the contract. This does not affect the right of tiqz to terminate the contract in the presence of a very good cause with immediate effect. tiqz has to submit its notice of termination at the email address provided by the user concerned. An important reason for the extraordinary termination by tiqz is for example given when tiqz gets aware that the affected users are guilty of illegally make use of the platform or behaves in illegal ways, especially infringing the rights of third parties content.

3 With the termination of the agreement tiqz delete all data related to the person. Specifically, these are the credentials for the purposes of the above paragraph 4.2, the profile data as defined in the above paragraph 4.3 and its personal usage data for the purposes of the above paragraph 10.1. If the affected user has set content in the form of photos, video or graphics, on the platform of tiqz these content will be deleted irreversible from tiqz.

4 The measures taken under the above clause 18.4 shall not apply to content shared on the platform of tiqz or externally through functions provided by tiqz (e.g. the electronic sending of messages) for both, other users and made publicly available data.

5 Arrangements under the above clause 16.2. b) remain unaffected by the above provisions of this clause 18, whereby tiqz in the given strict conditions for the storage of personal data and on the date of termination of the contract of use is also justified.

19 Final provisions

1 tiqz reserves the right to change these terms at any time without giving reasons, unless an amendment is unreasonable to the user. tiqz will notify the user of changes to the terms and timely. If the user does not contradict the validity of the new terms within six (6) weeks after notification, the amended terms shall be deemed accepted by the user. tiqz will alert the user to the notification of his right, and the relevance of the objection deadline.

2 Unless otherwise agreed, the user may submit all notices to tiqz by e-mail or by letter. tiqz may send notices to the user by e-mail or letter to the addresses that the user has specified as the current contact data in his account.

3 If any provision of these terms and conditions be or become invalid, the validity of the remaining provisions shall not be affected.

4 Place of fulfillment is the place of business of tiqz.

5 Jurisdiction for merchants within the meaning of the German Commercial Code (HGB) is the place of business of tiqz.

6 German law applies with the exclusion of international private law and the German law adopted the UN-merchants law.

End of the Terms of Service