These terms of services apply to the Wyld App (hereinafter "app") of Bergner GbR Heinrich-George-Weg 24, 21227 Bendestorf (hereinafter "Bergner"). The app is a platform for hunting enthusiasts on which the service users (hereinafter "users") can document their hunting and hunting-related experiences in the form of a virtual hunting diary and share them with other users.
These terms of services of Bergner apply in addition to the terms of services provided by Apple (as operator of the iTunes Store), Google (as operator of the Google Play Store) or other providers (hereinafter collectively, the "App Store Operators"). In the event of a conflict, these terms of services shall take precedence over those of the App Store Operators with regard to the relationship between Bergner and the respective user. However, the App Store Operators are entitled to assert the rights arising from these terms of services directly against the users.
These terms of services apply from registration and are automatically included in the contractual relationship between the user and Bergner upon registration with the app. By using the app provided, the user agrees to comply with these terms of services.
Any terms and conditions deviating from or supplementing these terms of services shall not be valid. This also applies if Bergner does not expressly object to the inclusion.
SCOPE OF SERVICES OF THE APP
The app is provided free of charge by Bergner through various app storest
Bergner merely provides the technical requirements for the exchange of users with the app. Bergner has therefore no influence on the data collected and distributed by means of the app, which are exclusively posted and shared by the users of the app, and therefore does not guarantee their accuracy.
REGISTRATION
The use of the app requires prior registration of the user. The user may only register once with the app and create only one (1) account. Multiple registrations are not permitted. The user has no enforceable legal claim to the registration. Bergner is entitled to refuse registration without stating reasons.
The user agrees to provide only true (i.e. also current) and complete information during registration. After completing the registration, the respective user will be provided with his own account with his own access data. Registered users must also ensure that the data they provide during registration is always up to date.
The access data (e.g. user ID and password) must not be passed on to third parties and must be kept protected from access by third parties. The password should be changed at regular intervals for security reasons. If there is reason to suspect that unauthorized persons have gained knowledge of the access data, the user must inform Bergner of this immediately by sending an e-mail at mail[at]wyld-app.com and change his access data without delay.
The user is liable for any misuse of his account by third parties, unless he can prove that he is not at fault.
PROVISION OF THE APP, MAINTENANCE AND CARE
The user's right to use the app exists until revoked and is non-exclusive, non-sublicensable and non-transferable.
To use the app, users need compatible hardware and software as well as an internet connection. The user must ensure this. The user is also responsible for complying with the system requirements necessary for the use of the app, in particular with regard to the operating system used by him. The functionality of the app may be affected by the above factors.
Bergner will enable the use of the app within the framework of the recognized rules of technology and will strive for the greatest possible availability. Bergner reserves the right to temporarily restrict access to the app or the possibility to restrict the use of the app completely or partially if this is necessary with regard to capacity limits, the security or integrity of the servers or for the implementation of technical measures and if this serves the proper or improved provision of services (e.g. during maintenance work).
Bergner is not obligated to provide updates or upgrades for the app or to adapt the app in any other way to any changes in hardware and/or software (in particular to adapt the app to operating systems).
DUTIES AND LIABILITY OF USERS, GRANTING OF RIGHTS
The use of the app requires that the user is at least 16 years old.
This app is subject to intellectual property protection and other rights, in particular copyright. This protection relates, among other things, to the design of the app as well as its contents. The exploitation of protected parts of the app or the entire app requires the written consent of Bergner, insofar as Bergner is the owner of the exclusive rights of use. This does not apply if and insofar as the exploitation is permitted according to the statutory limitation provisions. No part of the app may be reproduced in any form or by any means for commercial purposes. Furthermore, the contents of the app may also not be modified, rented, lent, sold or distributed in any way or exploited in any other way that is not expressly permitted.
The user may not modify the app or interfere with its functionality or use the app for any purpose that is inconsistent with the terms of services. In particular, user shall not use the app in any manner that could disable, overburden, damage or impair the app or interfere with any other use of the app. Users may not use robots, spiders, or other automated devices, processes, or means to access the app for any purpose, including, but not limited to, to read, monitor, copy, or data mine any materials on the app, and may not use manual processes to monitor or copy any materials on the app or pursue any other unauthorized purpose without Bergner's express prior written consent. Users further may not use any device, software or routine that interferes with the proper functioning of the app and users may not otherwise attempt to interfere with the proper functioning of the app. Electronic attacks of any kind on the app are prohibited. Any electronic attack will result in immediate exclusion from use and will be subject to civil and criminal prosecution.
Insofar as within the scope of the app the creation of own content is possible, such as e.g. texts, images or data (hereinafter "user-generated content"), the user grants Bergner free of charge the non-exclusive, transferable and sublicensable right, unlimited in time, geography and content, to exploit user-generated content for the purposes of the functionalities provided in the app, in particular to make user-generated content accessible to selected persons or the public within the functionalities of the app and in accordance with the user's settings in the app, and - insofar as necessary - to store, reproduce and edit the user-generated content.
The user guarantees that he/she is legitimated to grant Bergner the abovementioned rights and that the user-generated content (e.g. through its content, its visual appearance or the purpose pursued) does not violate legal regulations or codes of good morality.
In the event of an infringement of rights of third parties for which the user is responsible, the user shall be directly liable to such third parties. In the event of justified claims by third parties against Bergner due to such an infringement, the user is obligated to fully release Bergner from the claims of the third party, unless the user proves that he is not responsible for the breach of duty that caused the damage.
DEFECTS, LIABILITY OF BERGNER
All services provided by Bergner in connection with the app are provided by Bergner with reasonable care. Bergner gives no guarantees or assurances with regard to the app and in particular does not ensure that
the use of the app is possible without interruptions or errors and/or
the app is free from attacks, tampering, hacking, or other security-related disruptions.
Claims of the users for damages are excluded. Exceptions from this are claims for damages by users arising from the breach of essential contractual obligations. The term "essential contractual obligations" refers to such obligations, the fulfilment of which makes the proper execution of the contract possible in the first place, the adherence of which the contractual partner may regularly rely on and the violation of which endangers the achievement of the purpose of the contract. In addition, Bergner is also liable for other damages of the users that are based on an intentional or grossly negligent breach of duty by Bergner, the legal representatives of Bergner or vicarious agents employed by Bergner or insofar as Bergner has assumed a guarantee.
In the event of a breach of essential contractual obligations (Section 6.2), Bergner shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless it is a matter of claims for damages by the users arising from injury to life, body or health.
Bergner's liability according to mandatory legal regulations, in particular according to the German Product Liability Act, as well as liability for injury to life, body and health and for fraudulent concealment remains unaffected.
MODIFICATION OF THE TERMS OF SERVICES
Bergner reserves the right to change these terms of services at any time and without stating reasons, unless this is unreasonable for the user. Bergner will notify the user of changes to the terms of service in a timely manner by e-mail to the e-mail address provided by the user in the registration process. If the user does not object to the validity of the new terms of service within four (4) weeks after receipt of the notification, the amended terms of service shall be deemed accepted by the user. Bergner will inform the user in the notification of his right to object and the significance of the objection period. In the event of an objection, the right to use the services provided by Bergner ends and Bergner is entitled to delete the account and the data of the respective user.
Bergner reserves the right to change the app and the services provided in the app or to offer different services as well as to place advertisements unless this is unreasonable for the user. In particular, Bergner may adapt or expand the scope of services to the respective recognized rules of technology. Furthermore, Bergner is at liberty to make certain functions available in the future only to a limited extent or against payment of an additional fee. In the latter case Bergner will change these terms of service and inform the user about this according to section 7.i and point out his right of objection.
FINAL PROVISIONS
The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. If the users are not consumers (“Verbraucher”) in the sense of § 13 German Civil Code (Bürgerliches Gesetzbuch, “BGB”), the exclusive place of jurisdiction is agreed to be Hamburg.
For the purpose of fulfilling the contract and exercising the rights arising from these terms, Bergner may use third parties, in particular affiliated companies. Bergner is legitimated to transfer its rights and obligations from this contractual relationship entirely to an affiliated company with a notice period of four (4) weeks.
Should any provision of these terms of services be invalid in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision that comes closest to the invalid provision in economic terms. This shall apply accordingly in the event of a loophole.