Terms of Service

Creation date: 2013-06-21; Revision 1001

Please read these Terms of Service ("TERMS") carefully before signing up for Scatter, using the Scatter service or using the Scatter software, collectively "SCATTER". You do not have any right to use the software unless you agree to these terms. APPFOURs acceptance is expressly conditioned upon your assent to all these terms.

appfour Gmbh ("APPFOUR") provides "SCATTER" for sharing data between pcs, mobile phones and other devices.

1. USING

Subject to these Terms, the software provided by APPFOUR is solely for your own use, and not for the use or benefit of any third party.

2. ELIGIBILITY

If you are an individual, you certify to APPFOUR that you are at least 13 years of age and that you are of legal age to form a binding contract. If you are accessing the actions on behalf of an entity you represent and warrant that you have authority to bind the entity to these Terms. You also certify that you are legally permitted to use and access the actions, and that you take full responsibility for the selection and use of the actions. These Terms are void where prohibited by law, and the right to access and use the actions is revoked in such jurisdictions. APPFOUR may, at its sole discretion, refuse these actions to any person or entity and to alter its eligibility criteria at any time.

3. MODIFICATION

APPFOUR is entitled to alter, suspend or discontinue "SCATTER" for any reason, at any time, including the availability of any app or service. APPFOUR is also entitled to impose limits on certain features and services or restrict your access to all or parts of the service without notice or liability.

APPFOUR reserves the right to modify these Terms at any time by posting them on the Site, at its discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Your acceptance of the modified Terms is implicit in your use of SCATTER following such notification.

4. SECURITY

Electronic Communications Privacy Act Notice (18 USC 2701 -2711): APPFOUR MAKES NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED VIA THE ACTIONS OR THROUGH ANY THIRD PARTY ACTION. APPFOUR cannot accept responsibility for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade secret information or any other content stored on APPFOURs equipment, transmitted over networks, accessed by or in any other way linked to your use of SCATTER.

5. RESTRICTIONS.

You may not (directly or indirectly):

use SCATTER to violate the security of any computer network, crack passwords or security encryption codes;

decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of SCATTER, except to the limited extent applicable laws specifically prohibit such restriction;

modify, translate, or otherwise create derivative works of any part of SCATTER;

copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder; or

modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in these Terms), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software or materials in whole or in part.

9. DISCLAIMER/RELEASE

APPFOUR makes no representations concerning any content contained in or accessed through SCATTER, and APPFOUR will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through SCATTER. THE CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED GUARANTEES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED GUARANTEE LASTS, AS A RESULT OF WHICH, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

APPFOUR DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY OR OPERABILITY OF CONTENT OR ACTIONS, TO THE FULLEST EXTENT ALLOWED BY LAW. BY USING SCATTER, YOU ACKNOWLEDGE THAT APPFOUR IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM (1) USE OF THE SOFTWARE; (2) THE TEMPORARY OR PERMANENT INABILITY TO ACCESS OR RETRIEVE ANY USER CONTENT FROM SCATTER, INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES, WORMS, TROJAN HORSES, OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM; (4) UNAUTHORIZED DISCLOSURE OF IMAGES, INFORMATION OR DATA THAT RESULTS FROM THE UPLOAD, DOWNLOAD OR STORAGE OF CONTENT POSTED OR TRIGGERED BY USERS; (5) CONTENT POSTED IN ANY FORUM OR COMMUNITY AREA OF THE ACTIONS; OR (6) UNAUTHORIZED DISCLOSURE OF IMAGES, INFORMATION OR DATA RESULTING FROM THE UPLOAD, DOWNLOAD OR STORAGE OF CONTENT.

6. INDEMNITY

You will indemnify and hold APPFOUR, its directors, employees, agents, officers, and representatives immune to any claim or demand made by any third party, including costs and attorneys’ fees, due to or arising out of your access to or use of the actions, your violation of these Terms, or your infringement, or the infringement by any third party using your registration information, of any intellectual property or other right of any person or entity.

7. LIMITATION OF LIABILITY

IN NO EVENT SHALL APPFOUR, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, MEMBERS, AGENTS AND REPRESENTATIVES BE LIABLE WITH RESPECT TO THE ACTIONS FOR (1) DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF THE ACTIONS, ERRORS OR OMISSIONS; (2) DAMAGES FOR LOSS OF USE, PROFITS, DATA, IMAGES, USER CONTENT OR OTHER INTANGIBLES; (3) ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; OR (4) DAMAGES RELATED TO DOWNLOADING OR POSTING CONTENT, APPLICATIONS, WIDGETS, FEATURES, ACTIONS OR SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

8. PRIVACY

Please review our Privacy Policy, which governs the use of personal information by APPFOUR and to which you agree to be bound as a user of the actions.

9. TERMINATION

Either party may terminate the Actions at any time by notifying the other party by any means. APPFOUR may also terminate or suspend any and all actions immediately if you breach any of the terms or conditions of these Terms, without prior notice or liability. Any fees paid hereunder are non-refundable. Upon any such termination, your right to use the actions and any Content will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

10. DISPUTE RESOLUTION

These Terms shall be governed by and construed in accordance with the laws of BADEN-WÜRTTEMBERG, excluding its conflicts of law rules, and GERMANY. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in KARLSRUHE, BADEN-WÜRTTEMBERG, using the GERMAN language. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in German Courts located in Baden-Württemberg. Use of the actions is not authorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation, this section.

A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon, or relating to, these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and APPFOUR agree that any cause of action arising out of, or related to, the actions must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

11. FEES

APPFOUR reserves the right to charge fees for future use of or access to the Site or SCATTER.

12. MISCELLANEOUS

These Terms are not assignable, transferable or sub licensable by you except with APPFOURs prior written consent. APPFOUR may transfer, assign or delegate these Terms and its rights and obligations without consent. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind APPFOUR in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. APPFOUR shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond APPFOURs reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. Both parties agree that these Terms, together with the Privacy Policy and any other operating rules, policies and procedures posted or triggered through the actions comprise the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. Any notice to APPFOUR that is required or permitted by these Terms shall be in writing and shall be deemed effective upon receipt, when sent by confirmed e-mail to legal or when delivered in person by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to appfour GmbH, Marie-Juchacz-Strasse 7, 76137 Karlsruhe, Germany.

Send written communication to the following address:

appfour GmbH
Marie-Juchacz-Strasse 7
76137 Karlsruhe
Germany

email: [email protected]
phone: +49 721 47009170
fax: +49 721 47009171

Legal information
Managing directors: Hans Kratz, Dennis Strein
Court of Registration (Registergericht): Amtsgericht Mannheim
Registration Number (Registernummer): HRB 714684

VAT ID Number Germany (Umsatzsteuer-Identifikationsnummer gemäß § 27 a Umsatzsteuergesetz): DE283923892

All disputes arising out of business relationships with Axonic Informationssysteme GmbH will be subject to the exclusive jurisdiction of courts located in Baden-Württemberg, Germany.