Terms of Use

End User License Agreement (“Agreement”)

Last updated: February 11, 2021

Please read this End User License Agreement carefully before clicking the “I Agree” button, downloading or using Apfelpatient – ​​News.

Interpretation

The words whose first letter is capitalized have the meaning defined under the following conditions. The following definitions have the same meaning regardless of whether they are singular or plural.

Definitions

For the purposes of this End User License Agreement:

Contract means this End User License Agreement, which constitutes the entire agreement between you and the Company regarding the use of the Application.

Application means the software program provided by Company called Apfelpatient - News, which is downloaded by you to a Device through an application store account.

Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) through which the application was downloaded to your device.

Pursue (referred to in this contract as either “the company”, “we”, “us” or “our”) refers to D. R. Compania e.K., Kapellenstraße 22, Unterhaching 82008.

Contents refers to content such as text, images or other information that may be posted, uploaded, linked or otherwise made available by you, regardless of the form of that content.

country refers to: Bavaria, Germany

Device means any device that can access the Application such as: B. a computer, a cell phone or a digital tablet.

The Family Sharing/Family Group allows you to share applications downloaded from the Application Store with other family members by allowing them to view and download each other's eligible applications to their associated devices.

Third Party Services means any services or content (including data, information, applications and other product services) provided by a third party that may be displayed, included or made available by the Application.

She means the natural person accessing or using the Application, or the company, or other legal entity on behalf of which such natural person is accessing or using the Application.

By clicking the “I Agree” button, downloading or using the Application, you agree to the terms and conditions of this Agreement. If you do not agree to the terms of this Agreement, do not click the “I Agree” button, download or use the Application.

This Agreement is a legal document between you and the Company and governs your use of the Application provided to you by the Company.

This Agreement is between you and Company only and not with the Application Store. Therefore, the Company is solely responsible for the Application and its contents. Although the Application Store is not a party to this Agreement, it shall have the right to enforce it against you as a third party beneficiary with respect to your use of the Application.

Since the application can be accessed and used by other users, for example via family sharing / family group or bulk purchasing, the use of the application by these users is expressly subject to this agreement.

The Application is licensed, not sold, by Company to you solely for use in accordance with the terms and conditions of this Agreement.

Scope of the license

Company grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely in accordance with the terms and conditions of this Agreement.

You may only use the Application on a device that you own or control and as permitted by the Application Store Terms and Conditions.

The license granted to you by Company is solely for your personal, non-commercial purposes strictly in accordance with the terms and conditions of this Agreement.

License Restrictions

You agree not to, and you will not allow others to:

·       License, sell, rent, lease, assign, distribute, transfer, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.

·       copy or use the Application for any purpose other than that permitted in the License section above.

·       Modify, create derivative works of, disassemble, decipher, reverse compile, or reverse engineer any portion of the Application.

·       Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, suppliers or the licensors of the Application.

Content Restrictions

The Company is not responsible for the postings, information or content of users of the Application. You expressly understand and agree that you are solely responsible for the content and for all activities that occur under your account, whether by you or by any third party using your account.

You may not transmit any content that is unlawful, offensive, indecent, repugnant, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such offensive content include, but are not limited to, the following:

·       Unlawful or promoting unlawful activities.

·       Defamatory, discriminatory or malicious content, including references or comments about religion, race, sexual orientation, gender, national/ethnic origin or other target groups.

·       Spam, machine- or randomly-generated, which constitutes unauthorized or unsolicited advertising, chain letters, any other form of unsolicited solicitation, or any form of lottery or gambling.

·       Contain or install any viruses, worms, malware, Trojan horses or other content intended to disrupt, damage or limit the functionality of any software, hardware or telecommunications equipment or to damage or unauthorized access to any data or other information of any third party to receive it.

·       Violate any proprietary rights of any party, including any patent, trademark, trade secret, copyright, publicity or other rights.

·       Impersonate any person or entity, including the Company and its employees or agents.

·       Violation of a third person's privacy.

·       Incorrect information and characteristics.

The Company reserves the right, but not the obligation, to determine in its sole discretion whether any Content is appropriate and consistent with this Agreement, refuse or remove any Content. The Company further reserves the right to format, edit and change the appearance of any Content. The Company may also restrict or revoke your use of the Application if you post such objectionable content.

Because the Company cannot control all content posted by users and/or third parties on the Application, you agree to use the Application at your own risk. You understand that by using the Application you may be exposed to content that you may find offensive, indecent, inaccurate or objectionable, and you agree that under no circumstances will the Company be liable in any way for any content, including any Any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of your use of any Content.

The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights, are and will remain the sole and exclusive property of the Company.

The Company will have no obligation to indemnify or defend you from any third-party claims arising out of or related to the Application. To the extent that Company is required to provide indemnification under applicable law, Company, not the Application Store, is solely responsible for the investigation, defense, settlement and discharge of any claim that the Application or your use of the Application infringes any intellectual property rights of a third party injured.

Any feedback, comments, ideas, improvements or suggestions provided by you to the Company with respect to the Application shall remain the sole and exclusive property of the Company.

The Company is free to use, copy, modify, publish or redistribute the Suggestions for any purpose and in any manner without attribution or compensation to you.

The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it is connected with or without notice and without liability to you.

Application updates

The Company may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other changes.

Updates may change or delete certain features and/or functionality of the Application. You agree that Company has no obligation to (i) provide any Updates or (ii) continue to provide or enable any features and/or functions of the Application to you.

You further agree that any updates or other changes (i) shall be deemed an integral part of the Application and (ii) shall be subject to the terms and conditions of this Agreement.

Maintenance and support

The Company does not provide any maintenance or support for the download and use of the Application. To the extent any maintenance or support is required under applicable law, the Company, not the Application Store, will be obligated to provide such maintenance or support.

The Application may display, include or make available third-party content (including data, information, applications and other products and services) or provide links to third-party websites or services.

You acknowledge and agree that Company is not responsible for the Third Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. The Company shall not have any liability or responsibility to you or any other person or entity for any Third Party Services.

When using the Application, you must comply with applicable third party terms and conditions. Third-party services and links thereto are provided solely as a convenience to you, and you access and use them solely at your own risk and subject to the terms and conditions of such third parties.

The Company collects, stores, maintains and shares information about you in accordance with our Privacy Policy:

apfelpatient.de/datenschutz

By accepting this Agreement, you acknowledge that you hereby agree to the terms of our Privacy Policy.

This Agreement will remain in effect unless terminated by you or Company. The Company may, in its sole discretion, suspend or terminate this Agreement at any time and for any reason, with or without notice.

This Agreement will terminate immediately without notice from Company if you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your device or from your computer.

Upon termination of this Agreement, you must cease all use of the Application and delete all copies of the Application from your device.

Termination of this Agreement will not limit the Company's rights or remedies at law or in equity if you breach (during the term of this Agreement) any of your obligations under this Agreement.

You agree to indemnify and hold Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, arising out of or relating to Your: (a) use of the Application; (b) violating this Agreement or any law or regulation; or (c) the violation of any right of a third party.

The Application is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted by applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limiting the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet Your requirements, achieve any intended results, be compatible or interoperate with any other software, applications, systems or services, operate without interruption, perform well or reliability standards or is error-free or that errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the application will function uninterrupted or error-free; (iii) as to the accuracy, reliability or timeliness of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, Trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. However, in such a case the exclusions and limitations set forth in this Section 11 shall be applied to the greatest extent enforceable under applicable law. To the extent that there is a warranty under the law that cannot be excluded, the Company alone, and not the Application Store, is responsible for that warranty.

Notwithstanding any damages that You might incur, the entire liability of the Company and its suppliers under the terms of this Agreement and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for or through the Application.

To the maximum extent permitted by applicable law, in no event shall Company or its suppliers be liable for any special, incidental, indirect or consequential damages (including, without limitation, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, Loss of privacy resulting from the use or inability to use the Application, any third party software and/or hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if Company or a Supplier on the The possibility of such damage has been pointed out and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

You expressly acknowledge and agree that the Application Store, its subsidiaries and affiliates, and its licensors shall not be liable to you under any theory of liability for any direct, indirect, incidental, special, consequential or exemplary damages that you may incur, including loss of data , are liable regardless of whether the Application Store or its agents were or should have been informed of the possibility of such losses.

Separability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or require performance of an obligation under this Agreement shall not affect or affect a party's ability to exercise such right or require such performance at any time thereafter waiver of a breach constitutes a waiver of any subsequent breach.

The company makes no guarantees regarding the application. To the extent you have any claims arising from or related to use of the Application, Company, not the Application Store, will be responsible for addressing such claims, which may include, but are not limited to: (i) any product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claims arising under consumer protection or similar laws.

You represent and warrant that (i) you are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.

The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the Company's sole discretion.

By continuing to access or use the Application after any changes become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.

The laws of the Country, excluding its conflict of law provisions, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national or international laws.

The Agreement constitutes the entire agreement between you and the Company regarding your use of the Application and supersedes all prior and contemporaneous agreements, written or oral, between you and the Company.

You may be subject to additional terms and conditions that apply when you use or purchase other Company services, which Company will notify you at the time of such use or purchase.

If you have any questions about this Agreement, you can contact us:

·       By visiting this page on our website: apfelpatient.de/impressum