Last updated: March 21, 2019
These Terms of Service ("ToS") govern your relationship with BIZZDAR mobile application (the "Service") operated by BIZZDAR GmbH ("us", "we", or "our").
We are a location-based mobile application providing users with the ability to search for, connect and communicate with business people and professionals in their near proximity.
Please read our ToS of Services carefully before using our services. Our Services include our mobile application (BIZZDAR App) as well as our website (bizzdar.com). All of our provided services will be summarized as “Service”.
These ToS apply to all visitors, users and others who access or use the Service. As soon as you access our Service, you accept and therefor have to comply with these ToS of Services.
Therefore, we advise you to read our ToS of Service properly before using our Service.
As soon as you create a user profile at our Service Platform, the contract for the use of our Service between you and us is concluded. The contract is concluded between you and BIZZDAR GmbH. For further information about us, the BIZZDAR GmbH, we would like to refer you to the imprint.
As a social networking and messaging mobile app our Service allows you to post, link, store, share location and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these ToS.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these ToS, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
To comply with applicable law and all rights of third parties in the use of the Service, the user is prohibited from using, posting, sharing anywhere within the Service:
- any offensive or defamatory content
- any pornographic, violent, abusive, immoral or youth protection laws infringing content, application, offer, distribution goods or services
- unreasonable harassment of other users, in particular by spam
- content protected by law including but not limited to copyright, trademark, patent, registered design or utility model law
- content, tools and actions capable to likely affect the functionality of the Service infrastructure, in particular to overburden it
To use the Service you have to register with a valid email-address and selected password. In order to validate your email-address we will send you an email with a link that you need to click as verification. After verification you will be able to setup your account and profile.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. You are obliged to use your common name and no pseudonyms or artist names. You are obliged to upload only profile photos that are clearly portrait images of your person and you are clearly visible on these photos. You ensure that the public reproduction of the profile photo submitted by you to the Service is permitted under applicable law. The use of photos or images of other non-existent persons or other creatures (animals, fantasy creatures etc) or logos as a profile picture is not permitted. Failure to do so constitutes a breach of the ToS, which will result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of BIZZDAR and its licensors. The Service is protected by copyright, trademark, and other laws of both Germany and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of BIZZDAR.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by BIZZDAR.
BIZZDAR has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that BIZZDAR shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the ToS and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the ToS.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or you can delete your account using the function in the settings of your profile.
Limitation Of Liability
In no event shall BIZZDAR, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. BIZZDAR does not accept any responsibility for any content, data and/or information provided or made available by users on any external websites linked to them.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
BIZZDAR its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
These ToS shall be governed and construed in accordance with the laws of Germany.
Our failure to enforce any right or provision of these ToS will not be considered a waiver of those rights. If any provision of these ToS is held to be invalid or unenforceable by a court, the remaining provisions of these ToS will remain in effect. These ToS constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service. Place of performance is the registered office of BIZZDAR GmbH.
Place of jurisdiction for merchants in the sense of the commercial code (HGB) is the seat of BIZZDAR - Berlin.
We reserve the right, at our sole discretion, to modify or replace these ToS at any time. If a revision is material, we will provide at least 30 days notice prior to any new ToS taking effect. What constitutes a material change will be determined at our sole discretion.
If you do not object to the validity of the new ToS within six (6) weeks after notification, the amended ToS shall be deemed accepted by you. In the notification, we will inform you of your right to object and the significance of the objection period.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised ToS. If you do not agree to the new ToS, you will not be able to use the Service anymore.
If you have any questions about these ToS, please contact us at firstname.lastname@example.org