Terms and conditions of Promptus' website for http://www.announce-app.com, http://www.announce-app.de and the Announce app for mobile phones.
This is a translation of a German language document. In case of discrepancies, the original German version is the relevant lead document.
1.1 The Promptus (hereinafter also "Announce") provides its services (hereinafter referred to as "Service") to the listed terms and conditions (the "Terms") which the user recognizes and accepts with the registration for the Service. The validity of deviating conditions of the user is excluded, even though not expressly contradicted by Announce. These Terms are always available on the website under the URL of Announce www.announce-app.com, http://www.announce-app.de, http://m.announce-app.com, http://m.announce-app.de and within the Announce app for mobile phones.
1.2 Changes and adjustments to these Conditions take place in accordance with statutory requirements and will be posted on the website under the URL of Announce http://www.announce-app.com and http://www.announce-app.de
2.1 Announce operates a communication service on a web page and in the form of a program (hereinafter referred to as "app") for mobile phones. The user can register ("Check in") at sports clubs (hereinafter "affiliates"), that offer the Announce service in order to obtain information and special offers from this affiliate. The user can locate its regional surroundings through the GPS service of his mobile phone.
2.2 Affiliates offer via the Service information and offers for use at their sports clubs and affiliated shops, restaurants and other venues. The coupon offers may in certain cases only be available to users, allowing their mobile phone to use the built in GPS tracking.
2.3 The user shall not be entitled to a permanent use of the Service Announce. Announce has the right to discontinue the Service.
3.1 All information and offers shown in the service do not constitute an offer in the legal sense, but are merely advertising and product information of the affiliates and its partners participating in the service. Should the user decide for the purchase of products or services from an affiliate of Announce, a contract is concluded solely between the user and the affiliate; Announce in no case will become a party to of the contract. Announce explicitly points out that for the contracts with the affiliates their contract terms, and, if existing -their terms and conditions - apply. Announce is in no way be deemed representative of the affiliates.
3.2 For the advertising and product information the affiliate alone is responsible. The service represents a purely technical transmission of advertising information. With the transmission of advertising information Announce does not endorse, guarantee or perform any similar action for the affiliate's products or services offered. The affiliate is solely responsible in particular for the accuracy, timeliness and completeness of the advertising information and for the fact, that the quality of the products advertised and / or services complies with the product information.
4.1 The User shall use the Service only for personal use. The User is prohibited to integrate services of the service in whole or in part in other services, regardless of whether these are private or commercial offers. The user is also prohibited to commercially use the service for their own purposes or for third parties, unless a written consent of Announce has been granted.
4.2 The user agrees furthermore to refrain from any abusive use of Services, in particular, he agrees to refrain to circumvent Announce's security measures and / or use facilities or applications, that damage or potentially can damage the facility and / or lead to a functional failure or can potentially lead to a functional failure of the Service.
4.3 Misuse as referred to under 4.1 and 4.2 will result in immediate exclusion of the user from the Service. This includes access to special offers of affiliates.
5.1 The use of the Service relies on inputs by third parties, particularly the availability of the mobile network provider of the user, and in certain cases depending on the availability of GPS location of the user's mobile phone. For these availabilities Announce assumes no responsibility and / or liability. Neither does Announce guarantee and / or is liable for the accuracy, timeliness and completeness of the information, advertising and product promotion of its affiliates and the nature, extent and quality of the related products and / or services acquired from Announce's affiliates. Announce also points out, that for the use of third parties services, charges can arise, which the user has to carry.
5.2 Announce is liable only for damages caused intentionally or through gross negligence. For damages arising from culpable injury to life, limb and / or health Announce is also liable only for intent or gross negligence.
5.3 If the conditions referred to in paragraph 5.2 of these terms and conditions are not valid, Announce is liable - on whatever legal grounds - only if an essential contractual obligation (cardinal obligation) was culpably breached. In these cases, the liability of Announce is limited to typical foreseeable damage. Cardinal obligations are those obligations, the proper execution of the contract is based and on which compliance the user can trust. These are therefore duties, the breach of which would endanger the contractual purpose.
5.4 The foregoing liability limitations shall not apply to claims under the product liability law and the lack of a guaranteed quality of the Announce Service. If liability is excluded or limited, this also applies to the personal liability of legal representatives, officers and other agents of Announce.
5.5 Announce does not monitor advertising and product information its affiliates send to the user and is not responsible for the content.
6.1 All service depicted in the marks, trademarks and / or intellectual property are the property of the respective owner, even if they are not marked with appropriate emblems. Any duplication and / or other use of these marks and / or trademarks is not permitted without the consent of the copyright owner.
6.2 In particular, the user is not permitted to copy to the Service in whole or in part, to pass on, to reconstruct (reverse engineering) or to use in any other way, unless Announce prior expressed consent.
These sites and / or apps may contain hyperlinks to websites operated by parties other than Announce. Such hyperlinks are provided to the user only as hints available. Announce does not control such websites and is not responsible for their content. The inclusion of hyperlinks to such websites by Announce does not imply any endorsement of the material on such websites or any association with their operators.
8.1 If any provision of these terms or is wholly or partially invalid, this does not impact the validity of the remaining provisions.
8.2 The contractual relationships are subject to the laws of the Federal Republic of Germany with the exception of the provisions which are applicable jurisdictions (international private law, Article 3 et seq of the Introductory Act to the Civil Code). Jurisdiction for pecuniary disputes between Announce and the user shall be Munich if the user is a merchant and the agreement is part of the operation of his business or the user has no general jurisdiction in Germany, and if no exclusive jurisdiction is present. Announce is also entitled to sue the user at any other legal jurisdiction. For non-traders, the statutory jurisdiction is applicable.
As of: 21 May 2012