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Terms of Service - Thousand Needles

The main idea

We (Thousand Needles UG) developed iPhone application 'Next' and would love for you to use it. Our applications are on sale on the iTunes App Store for a small fee. We may release upgrades in the future to make your experience even better. You are always welcome to leave suggestions for improvements at our feedback page. Thousand-Needles.com is the central hub for news, information and feedback about our applications.

 

Terms of Service

The following terms and conditions govern all use of the Thousand-Needles.com website and all content, services and products (included, but not limited to our applications available in the iTunes App Store) available at or through the website (taken together, the Service). The Service is owned and operated by Thousand-Needles UG. The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Thousand Needles UG' Privacy Policy) and procedures that may be published from time to time on this site by Thousand Needles UG (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Service. If these terms and conditions are considered an offer by Thousand Needles UG, acceptance is expressly limited to these terms. The Service is available only to individuals who are at least 18 years old.

 

Responsibility of Contributors

If you send feedback, post material to the Service, post links on the Service, or otherwise make (or allow any third party to make) material available by means of the Service (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
  • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Thousand Needles UG or otherwise.

By submitting Content to Thousand Needles UG for feedback about the Service, you grant Thousand Needles UG a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your contribution. If you delete Content, Thousand Needles UG will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Thousand Needles UG has the right (though not the obligation) to, in Thousand Needles UG’ sole discretion (i) refuse or remove any content that, in Thousand Needles UG’ reasonable opinion, violates any Thousand Needles UG policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in Thousand Needles UG’ sole discretion. Thousand Needles UG will have no obligation to provide a refund of any amounts previously paid.

 

Fees and Payment

Thousand Needles UG’ iPhone applications are available on the iTunes App Store for a small fee. The payment is handled by Apple. Please refer to the iTunes terms of service for the applicable conditions.

 

Responsibility of Service Users

Thousand Needles UG has not reviewed, and cannot review, all of the material, including computer software, posted to the Service, and cannot therefore be responsible for that material’s content, use or effects. By operating the Service, Thousand Needles UG does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Service may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Service may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Thousand Needles UG disclaims any responsibility for any harm resulting from the use by visitors of the Service, or from any downloading by those visitors of content there posted.

 

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Thousand-Needles.com links, and that link to Thousand-Needles.com. Thousand Needles UG does not have any control over those non-Thousand Needles websites and webpages, and is not responsible for their contents or their use. By linking to a non-Thousand Needles website or webpage, Thousand Needles UG does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Thousand Needles UG disclaims any responsibility for any harm resulting from your use of non-Thousand Needles websites and webpages.

 

Copyright Infringement and DMCA Policy

As Thousand Needles UG asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Thousand-Needles.com violates your copyright, you are encouraged to notify Thousand Needles UG in accordance with Thousand Needles UG’s Digital Millennium Copyright Act (”DMCA”) Policy. Thousand Needles UG will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Thousand Needles UG or others, Thousand Needles UG may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Thousand Needles UG will have no obligation to provide a refund of any amounts previously paid to Thousand Needles UG.

 

Intellectual Property

This Agreement does not transfer from Thousand Needles UG to you any Thousand Needles UG or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Thousand Needles UG. Thousand Needles UG, Next, Thousand-Needles.com, the Thousand Needles UG icon and logo, and all other trademarks, service marks, graphics and logos used in connection with Thousand-Needles.com, or the Service are trademarks or registered trademarks of Thousand Needles UG or Thousand Needles UG’ licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any Thousand Needles UG or third-party trademarks.

 

Changes

Thousand Needles UG reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. Thousand Needles UG may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

 

Termination

Thousand Needles UG may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Service. Notwithstanding the foregoing, if you have a premium Services account, such account can only be terminated by Thousand Needles UG if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Thousand Needles UG’ notice to you thereof; provided that, Thousand Needles UG can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Disclaimer of Warranties

The Service is provided “as is”. Thousand Needles UG and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Thousand Needles UG nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.

 

Limitation of Liability

In no event will Thousand Needles UG, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Thousand Needles UG under this agreement during the twelve (12) month period prior to the cause of action. Thousand Needles UG shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

 

General Representation and Warranty

You represent and warrant that (i) your use of the Service will be in strict accordance with the Thousand Needles UG Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.

 

Idemnification

You agree to indemnify and hold harmless Thousand Needles UG, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to out of your violation this Agreement.

 

Miscellaneous

This Agreement constitutes the entire agreement between Thousand Needles UG and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Thousand Needles UG, or by the posting by Thousand Needles UG of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of Germany, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in Munich, Germany. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with such Rules. The arbitration shall take place in Munich, Germany, in the German language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Thousand Needles UG may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.