Last updated: May, 8 2013
These Terms apply to the use of I am…(also referred to hereinafter as the “Service(s)”, the “Application”, the “App”) and govern the contractual relationship between the User (also referred to hereinafter as “you”) and We are I am… GbR (also referred to hereinafter as “We are I am…”, “we”, “us”).
Apple does not provide, nor is it a supporter of the Services offered.
- I am… aims to connect people, in person and in real time.
To this end, we provide a mobile application in which you can enter a Username and one or more status updates. This information is then public and visible to other I am…-Users in within a 10km-radius. Thus, within this area, other Users can roughly estimate your location.
I am… has a ‘chat’ function that enables Users to contact one another.
- I am… is free to use; however, depending on your mobile phone contract, you may incur additional charges for data transfer.
- We endeavour at all times to further develop, improve and maintain the Application. To this end, we are authorised at our discretion to offer new or improved versions of I am…. This does not establish any legal claim on the part of the User to receive a new or improved version of I am…. Furthermore, we do not provide any additional maintenance or support services. In the event of programming errors or other errors that may impede the use of the Application, the User has no legal claim to have these errors rectified.
- We reserve the right to alter, suspend or terminate the Services provided by I am… at any time and without prior notice or to prohibit access to I am….
User Agreement/User Requirements
- The download of the Application establishes a User Agreement between you, the User, and We are I am…. For the duration of this User Agreement you are authorised to use the Application subject to the following terms.
- It is not necessary to register in order to use the I am… Services.
- On first use of the Application you warrant that you are of legal age or that your legal representative agrees to the use. I am… Users must be over the age of 13.
- The use of I am… requires an active Internet connection and location services. Both of these factors are beyond our control. As such, we can provide no guarantee that I am… can be used and accessed at all times.
Duties of the User
- All Users must at all times behave in a fair, respectful and considerate manner. In particular, ethical standards and good manners should be observed.
- The use of I am… is restricted exclusively to private, non-commercial use.
- The Services of I am… may be used only via the I am…-Application.
- The dissemination of content that is pornographic, discriminatory, insulting, racist, which infringes upon personal rights or breaches copyrights or trademarks or is otherwise illegal is hereby prohibited.
- Statements that are offensive, threatening, defamatory, libellous, which violate laws or are otherwise illegal are also prohibited. Please observe the generally accepted codes of good behaviour when entering data.
- The ‘Chat Function’ may not be used to send mass or chain messages.
- The following actions are also prohibited:
- copying, replicating or reverse-engineering of the Application.
- hacking or modifying the Application.
- the loan, rental, onward sale or unauthorised licensing of the Services and the Application.
- We are I am… reserves the right to delete unauthorised or illegal content without prior notice.
- We are not responsible for the actions of the Users. If you feel that another User has infringed upon your rights or if you become aware of or suspect illegal or unauthorised used of I am…, please let us know by sending an e-mail to firstname.lastname@example.org.
- You are under an obligation to refrain from all actions that could infringe upon the proper functioning of our Services.
- You are authorised only to publish non-commercial content. All commercial use, specifically for advertising purposes, is prohibited.
- Insofar as you publish copyrightable content, you retain all rights in this content. You hereby undertake to respect the rights of third parties and other Users regarding their content. We are not responsible or liable for breaches by the Users against third party copyrights or copyrights owned by other users.
- We are I am… is liable only for damages that are
- caused intentionally or as a result of gross negligence on the part of We are I am… or its legal representatives or agents or
- that result from damage to life, limb or health caused by a breach of duty on the part of We are I am… or its legal representatives or agents.
In all other respects, the liability of We are I am… is hereby excluded.
- The preceding exemption from liability does not apply to the breach of material contractual duties by We are I am…. Material contractual duties are those that facilitate the proper performance of this agreement and upon which the Users can generally rely.
- The Services of I am… provide you only with the technical prerequisites in the form of an Application. We are not involved in any way in the contents of networking and communication. Therefore, we are not responsible for the ways in which the I am… Services are used. In particular, we are not responsible for the results of the sharing of personal information and location.
- We cannot guarantee that the Services will have a sufficient User uptake.
- The User Agreement is concluded for an unspecified period of time.
- Both parties can terminate this User Agreement at any time, and without the need to state reasons or observe any notice period. In the event of termination you are required to stop using the Services and to uninstall I am… from your appliance.
- We are I am… is authorised to assign its rights and duties under this agreement to third parties. You are not permitted to assign your rights and duties under this agreement to third parties.
- This agreement is governed by the laws of the Federal Republic of Germany.
Last updated: May, 8 2013