End User License Agreement - Tobias Eckert - Apps


This agreement is valid for all users outside Germany, Austria and the german speaking part of Switzerland. For the Web-Site Agreement regarding Germany, Austria and the german speaking part of Switzerland, please click here.
Welcome to the Web-Sites androidcan.com, apptebo.com, lunchbreakgames.com and lunchbreakgames.de. Your access to and use of the Sites is subject to the following terms and conditions and all applicable laws.
The sites are owned by Tobias Eckert - Apps who shall be referred to herein as the "Operator." The Operator's Web Sites androidcan.com, apptebo.com, lunchbreakgames.com and lunchbreakgames.de (the "Sites") are online information services provided by the Operator, subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITES. BY ACCESSING OR USING THE SITES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITES. THE OPERATOR MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITES. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITES SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. Copyright, Licenses and Idea Submissions.

The entire contents of the Sites are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are the Operator, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITES, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Sites solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to the Operator a non-exclusive, royalty-free, unrestricted, irrevocable, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, translate, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Sites (such as bulletin boards, forums, newsgroups or the games level design areas) or by e-mail to the Operator by all means and in any media now known or hereafter developed. The Operator has the right, but not the obligation to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. By posting any material to the Sites, you declare that you are the originator of this material, and that the material is not subject to any third party copyright claims. You agree that you shall have no recourse against the Operator for any alleged or actual infringement or misappropriation of any proprietary right in your communications to the Operator.

Solicited Submissions: At times, the Operator may solicit Submissions from visitors to the sites, including, but not limited to, information, ideas, artwork or other materials. For information on how solicited Submissions will be used, please review any notices of planned use posted where we solicit the Submission. Your provision of information in response to such a solicitation is a grant by you to the Operator of the Rights described above.

TRADEMARKS.

Publications, products, content or services referenced herein or on the sites are the exclusive trademarks or servicemarks of the Operator. Other product and company names mentioned in the sites may be the trademarks of their respective owners.

2. Use of the Sites.

You understand that, except for information, products or services clearly identified as being supplied by the Operator, the Operator does not operate, control or endorse any information, products or services on the Internet in any way. Except for the Operator- identified information, products or services, all information, products and services offered through the Sites or on the Internet generally are offered by third parties, that are not affiliated with the Operator a. You also understand that the Operator cannot and does not guarantee or warrant that files available for downloading through the Sites or the servers on which they are provided will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the sites for the reconstruction of any lost data.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES AND THE INTERNET. THE OPERATOR PROVIDES THE SITES AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND THE OPERATOR SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. THE OPERATOR DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE SERVICE WILL BE CORRECTED, OR THAT ANY PART OF THE sites IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE OPERATOR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS sites IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. THE OPERATOR HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

LIMITATION OF LIABILITY

IN NO EVENT WILL THE OPERATOR BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF THE OPERATOR OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE OPERATOR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE THAT THE OPERATOR IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE sites OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THE sites AT YOUR SOLE RISK.

The Operator and its respective affiliates make no representation that the materials contained in the sites are appropriate or authorized for use in all countries, states, provinces, county or any other jurisdictions. If you choose to access the Site, you do so on your own initiative and risk and are responsible for compliance with all applicable laws.

The Operator makes no representations whatsoever about any other web sites which you may access through this one or which may link to this Site. When you access a web sites that is not part of the Site, please understand that it is independent from the Operator, and that the Operator has no control over the content on that web site. In addition, a link to the sites from another web sites does not mean that the Operator endorses or accepts any responsibility for the content, or the use, of such web site.

3. Indemnification.

You agree to indemnify, defend and hold harmless the Operator, its agents, licensors, suppliers or other affiliates and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any Tobiastion of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

4. Third Party Rights.

The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of the Operator and its agents, licensors, suppliers, affiliates, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

5.Term; Termination.

This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 8 (Miscellaneous) shall survive any termination of this Agreement.

6. Usage Restrictions

YOU AGREE THAT YOU WILL NOT USE THIS sites TO (i) upload, post, email, otherwise transmit, or post links to any content, or select any member or user name that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable (ii) upload, post, email, otherwise transmit, or post links to any content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.

7. Downloads

Any software downloaded from the sites is subject to the license agreements set forth under this document. With downloading any software from our web-site, you explicitely agree to those terms of usage.

8.Miscellaneous.

This Agreement shall all be governed and construed in accordance with the laws of Germany applicable to agreements made and to be performed in Germany. You agree that any legal action or proceeding between the Operator and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Germany . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. the Operator's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. the Operator may assign its rights and duties under this Agreement to any party at any time without notice to you.

Any rights not expressly granted herein are reserved. The Operator full address: Tobias Eckert, Gruppenbacher Straße 1, 74223 Flein, Deutschland, email: support @ apptebo.com


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