If you do not agree to these Terms or any of its parts, then you are prohibited and must refrain from using the Software.
1. Purpose of the Agreement: Scope of “Notibuyer”’s Offer
1.1 The purpose of this agreement is the paid or free of charge use of the “Notibuyer” application, which can be retrieved via www.notibuyer.com as a website or via Google Play Market. All data are stored in the Cloud and can thus be retrieved at any time by various types of terminals or a web Software. In which form and on which devices you can use “Notibuyer” is described at www.notibuyer.com. “Notibuyer” provides the following for the use of application:
1. Each user can have his/her own account with its own login name and password.
2. Each user-account contains various tools and features as well as pre-installed lists (Circles) to organize your shopping and share them with other users. You can use these circles, create additional circles and invite other users to those circles. As the administrator, you are responsible for the circles you have created and are free to decide whom you want to invite.
3. You can also be invited to lists created by other users or providers. However, your are not automatically entitled to be invited. Administrators are free to decide whom they invite to their lists.
4. You can also invite unregistered persons to “Notibuyer” by entering their email addresses.
5. For a fee, you can subscribe to a PRO Account. The PRO Account gives access to 20 shopping circles, sharing lists to 20 people, ads free version and premium support.
1.2 “Notibuyer” allows you to connect to other users. We provide the technical requirements in the form of the applications. We are not involved in the connection or communication ourselves.
1.3 “Notibuyer” will be available for use (“system uptime”) 24 hours a day, 365 days. If maintenance work is necessary and if “Notibuyer” is not available for maintenance reasons, we will duly inform you. We will not be responsible for internet/network-related downtimes and, in particular, for downtimes in which “Notibuyer” cannot be accessed due to technical or other problems outside our area of influence, e.g. force majeur, fault of third parties issues.
1.4 Please note, that provisions of this Terms are forceable both to website and application (both collectively referred to as the “Software”) as much as it is realized in Software.
1.5 For any questions, complaints, proposals etc. use our contact form via our e-mail firstname.lastname@example.org.
2. Conduct on Software
Your use of the Software is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Software. By posting information in or otherwise using any communication services, chat room, message board, newsgroup, software library, or other interactive Software that may be available to you on or through this Software, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
a. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
b. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
c. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
d. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
e. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
f. impersonates any person or entity, including any of our employees or representatives.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Software may be available to you or other authorized users of the Software. You shall not interfere with anyone else’s use and enjoyment of the Software or other similar Software. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our Software without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other Software, including cooperating with law enforcement authorities in investigating suspected criminal violations.
3. Unauthorized Use of Materials
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this Software believes its copyright, trademark or other property rights have been infringed by a posting on this Software, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed).
2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
3. Provide information reasonably sufficient to permit us to contact you (email address is preferred).
4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
5. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
7. Send such notification on our e-mail specified above.
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Software without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the competent authorities.
4.Third Party Software and Information
This Software may link you to other services on the Internet or otherwise include references to information, documents, software, materials and/or Software provided by other parties. These Software may contain information or material that some people may find inappropriate or offensive. These other Software and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such Software, nor are we responsible for errors or omissions in any references to other parties or their products and Softwares. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Software or party by us, or any warranty of any kind, either express or implied.
From time to time, this Software and application may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Software. Any such correspondence or promotions, including the delivery of and the payment for goods and Software, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
6. Disclaimer of Warranties
ALL MATERIALS ON THIS SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT:
(A) THE SOFTWARE AND MATERIALS WILL MEET YOUR REQUIREMENTS,
(B) THE SOFTWARE AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE,
(D) THE QUALITY OF ANY PRODUCTS, SOFTWARE, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SOFTWARE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SOFTWARE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SOFTWARE AT THIS SOFTWARE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SOFTWARE AT THIS SOFTWARE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SOFTWARE.
THE USE OF THE SOFTWARE OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SOFTWARE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SOFTWARE, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SOFTWARE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
7. Disclaimer of Damages
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SOFTWARE OR OF ANY WEB SOFTWARE REFERENCED OR LINKED TO FROM THIS SOFTWARE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SOFTWARE OFFERED THROUGH THIS SOFTWARE, OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SOFTWARE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8. International Use
Although this Software and application may be accessible worldwide, we make no representation that materials on this Software are appropriate or available for use in locations outside the USA, and accessing them from territories where such content is illegal or prohibited. Those who choose to access this Software from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, Software, and/or information made in connection with this Software is void where prohibited.
9. Termination of Use
Upon termination or suspension, regardless of the reasons therefore, your right to use the Softwares ceases immideately, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Software. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
10. Applicable Law
This Software (excluding any linked Software) is controlled by the Company within the USA. It can be accessed from other countries around the world as well. As each of these places has laws that may differ from those in the USA, by accessing this Software both of us agree that the statutes and laws of the USA, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this Software and application. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the USA with respect to such matters.