TERMS OF SERVICE ("Terms") 1. ACCEPTANCE Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the MAYI® mobile application (the "Service") operated by MB Munich Bavaria GmbH (“MB“, “us", "we", or "our"). This constitutes an agreement between MB Munich Bavaria GmbH, a German corporation (“MB"), the operator of www.mayi-app.com (the “MAYI® Site”), the MAYI® software, including MAYI® Service (collectively, including all content provided by MB through the MAYI® Site, the "MAYI® Service", or the "Service"), and you (“you” or “You”) when using the Service. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms of Service and to MB’s privacy policy, integrated herein by reference. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. 2. CONTENT & LINKS TO OTHER WEBSITES
These Terms of Service apply to all the users of the MAYI® Service. MB assumes no responsibility for the content, privacy policies, or practices of any third party websites. Our Service may contain links to third-party web sites or services that are not owned or controlled by MB Munich Bavaria GmbH.
MB Munich Bavaria GmbH 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 MB shall not be responsible or liable, directly or indirectly, for any damage, claims, loss or other liability 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, arising from or related to your use of any third-party website.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit. 3. MAYI® SERVICE
The Service is restricted to and between the specific mobile operating systems and MAYI® mobile application is not working and can not be used between different mobile operating systems.
3.1. MB hereby grants you permission to use the Service under the condition that: (i) you use of the Service solely for your personal use and do not resell or charge others for use of or access to the Service; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of this Service in any medium throughout the world in perpetuum without MB 's prior written authorization; (iii) you will not attempt to reverse engineer, change or modify any part of this Service; and (iv) you will otherwise fully comply with the defined terms and conditions of these Terms of Service and Privacy Policy.
3.2. Although MB will not be liable for any of your losses whatsoever caused by any unauthorized use of your access and use, you may be liable for the losses of MB or others due to such unauthorized use.
3.3. It is forbidden of ripping the content and any attempt to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal use of MAYI® Service, as well as any activities that intend to and/or do explore or harm, penetrate, change or test the site. You agree that you will not collect any personally identifiable information from our Service, nor to use the communication systems provided by our Service for any commercial solicitation or spam purposes whatsoever and further you agree specifically not to behave in an unethical manner to any user of the Service. You further warrant not to use any of the information of third parties obtained through the Service for any unlawful purposes. 4. INTELLECTUAL PROPERTY
The MAYI® Service and its original content (excluding Content provided by users), features (including but not limited to design, text, scripts, graphics, trademarks and logos therein (“Marks“)) and functionality are and will remain the exclusive property of MB Munich Bavaria GmbH and its licensors. The Service is protected by copyright, trademark, and other laws of intellectual property rights under German and foreign laws and international conventions. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of MB. 5. USERS CONTENT SUBMISSIONS 5.1. The MAYI® Service allows you to post, to fill out, to link, to store, to save and submit status text as personal profile, profile photos and other communications submitted by you (collectively, the “Content“ or "Content Submission" or "Content Submissions“) and make it available. These Content Submissions are visible to other users of the Service who are in a certain range of your present location (bluetooth range). Your input Information and photos are visible by all other MAYI® users in a certain range and may be globally viewed by MAYI® users. As you acknowledge and agree that any Content Submissions may be globally viewed by users so you do not fill in, save, submit and/or post profile information, status messages or profile photos that you do not intend or want to be seen globally. You state expressively that you understand that whether or not such Content Submission are published, MB does not guarantee any confidentiality whatsoever with respect to any submissions.
5.2. You are solely responsible for your own Content Submission/Content and without limitation for all the consequences of posting or publishing them. User submitted statuses do not necessarily represent the views or opinions of MB, and MB makes no guarantees whatsoever as to the validity, accuracy or legal status of any status. You are responsible for the Content Submission 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, publicly perform, publicly display, reproduce, and distribute such Content on and through the MAYI® 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 Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the necessary licenses, rights, consents, and permissions to use and authorize MB to use and transmit all submitted contents and grant us the rights and license as provided in these Terms, 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.
5.3. You agree that you will not: (i) submit information that is false in any form; (ii) publish falsehoods or misrepresentations that could damage MB or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post any form of advertisements; (v) impersonate any other person in any form whatsoever; (vi) send or store material containing any harmful software or computer code, scripts, files, agents or programs; (vii) interfere in any form whatsoever with or disrupt the integrity or performance of the Service or the data contained therein.
5.4. The posting of any and all adult content is strictly forbidden. MB expressly disclaims any and all liability in connection with the Content/Content Submission. MB reserves the right at MB sole discretion to block any user that is not behaving consistent with the Terms of Service in general and/or specifically the defined use of the MAYI® Service. MB reserves the right to enforce the herein presented Terms of Service, taking precautions against inappropriate content in order to protect the rights, property, or personal safety of our users in taking action in form of blocking any user inconsistent with the herein presented Terms of Service. Any user of MAYI® mobile application and our Service has the right to send an ABUSE REPORT to MB support to report any infringing activities of other users. You know, understand, acknowledge, accept and agree that you may intentionally or unintentionally be exposed to an abuse report with the consequence of being blocked from the Service and the further use of the MAYI® mobile application.
MB does not permit any form of copyright infringing activities and infringement of intellectual property rights via its provided Service. 5.5. You agree that with the use of the MAYI® Service you will be exposed to Content/Content Submissions, and you agree that MB is not at all responsible for the accuracy, effectivity, safety, and/or intellectual property rights of or relating to any of such Content Submissions, and further you agree that such Content Submissions are not the responsibility of MB. You know, understand, acknowledge and agree that you may be exposed to Content Submission that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MB with respect thereto, and agree to indemnify and hold MB, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the MAYI® Service. 6. WARRANTY DISCLAIMER You agree that your use of the MAYI® Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis for your information and solely for your personal use. MB reserves all rights. The Service is provided without warranties of any kind and/or representations, whether express or implied, in connection with the Service and your use thereof, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. MB, its owners, directors, employees and agents disclaim to the fullest extend permitted by law all warranties, expressed or implied, in connection with the service and your use thereof.
MB, its subsidiaries, affiliates, and its licensors do not make warranties or representations about the accuracy, function or completeness of this service's content that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors, inaccuracies 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. MB assumes no liability or responsibility for any (i) mistakes, errors or inaccuracies of content whatsoever, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our service, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our service through the actions of any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted through sms or messaging apps, transmitted or otherwise made available via the MAYI® service. MB does not warrant, endorse, guarantee, or assume responsibility whatsoever for anything might it be product or service advertised or offered by a third party through the MAYI® service or any hyperlinked website or being presented in any user content submission including any other advertising whatsoever, and MB will not be party to or in any way whatsoever be responsible for monitoring any transaction between you and third-party providers including but not limited to those who provide products or services. Please note specifically that it is your own responsibility to use your best judgment in your environment and have and realize caution where appropriate, especially in the disclosure of any information. 7. INDEMNITY You agree to defend, indemnify and hold harmless MB Munich Bavaria GmbH, its parent corporation and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of (a) your use and access to the MAYI® Service, by you or any person using your account and password, or (b) a breach of any of these Terms of Service; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that any of your Content Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the MAYI® Service. 8. LIMITATION OF LIABILITY In no event shall MB Munich Bavaria GmbH, nor its owners, directors, officers, employees, partners, agents, suppliers, or affiliates, be liable for any direct, 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, included but not limited to any interruption of transmission to or from our servers; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service including but not limited to any errors or omissions in any content or for any loss or damage of any kind whatsoever incurred as a result of your use of any content send or transmitted, or otherwise made available via the MB client, whether based on warranty, contract, tort, or any other legal theory, including also the disclosure of information pursuant to these terms of Service or Privacy Policy; (iv) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service; (v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our service by any third party; (vi) errors, mistakes, or inaccuracies of content and (vii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein and any 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.
The foregoing limitation of liability shall apply to the fullest extend permitted by law. You specifically acknowledge that MB shall not be liable for user content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
The Service is controlled and offered by MB from its facilities in Germany. MB makes herewith definitely no representations that the MAYI® Service is appropriate or available for use in other locations. Those users who access or use the MAYI® Service from other jurisdictions do so at their own volition and are responsible for compliance with local law. 9. EXCLUSIONS Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. 10. PRECONDITION OF ACCEPTANCE You affirm that you are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these presented Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 18 years old as the MAYI® Service is not intended for children under 18. If you are under 18 years of age, you are not permitted to use the Service. 11. ASSIGNMENT These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MB without restriction. 12. GENERAL You agree that: (i) the MAYI® Service shall be deemed solely based in Germany; (ii) the MAYI® Service shall be deemed a passive server that does not give rise to personal jurisdiction over MB, either specific or general, in jurisdictions other than Germany; and (iii) that you agree to subject to the jurisdiction of Germany in the event of any legal dispute. These Terms of Service shall be governed by the internal substantive laws of Germany, without respect to its conflict of laws principles. Any claim or dispute between you and MB that arises in whole or in part from the MAYI® Service shall be decided exclusively by a court of competent jurisdiction located in Munich, Germany. These Terms of Service, together with the Privacy Policy at http://www.mayi-app.com/terms-of-service---privacy-policy.html and any other legal notices published by MB, including, but not limited to an end user license agreement, shall constitute the entire agreement between you and MB concerning the MAYI® Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and MB's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. MB reserves the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. If you then do not agree to the revised Terms, your only recourse is to discontinue the use of the Service. Your continued use of the MAYI® Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND MB AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MAYI® SERVICE MUST COMMENCE WITHIN SIX (6) MONTH AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. 13. PRIVACY NOTES MB provides a Privacy Policy to help you make an informed and profound decision about whether to use or continue using the MB Site, MAYI® Software and/or the MAYI® Service. If you do not agree to our practices, please do not use the MB Site, MAYI® Software or MAYI® Service. This Privacy Policy is incorporated into and is subject to the MB Terms of Service. Your use of the MB Site, MAYI® Software and the MAYI® Service and any personal information whatsoever you provide on the MB Site or MAYI® Service remains subject to the terms of this Privacy Policy and our Terms of Service.
Any Content Submissions or other content posted at the direction or discretion of users of the MAYI® Service becomes published content and is not considered personally identifiable information subject to this Privacy Policy.
13.1. Coverage of this Privacy Policy
This Privacy Policy is part of MB ’s Terms of Service and covers the treatment of user information, including personally identifying information, obtained by MB, including information obtained when you access the MB’s Site, use the MAYI® Service or any other software provided by MB.
13.2. The data/information collected by MB
It is not our aim to collect data but within our Service MB may obtain the following types of information from or concerning you or your device, which may include information that can be used to identify you as specified below (“Personally Identifying Information”):
User Provided Information: You provide certain Personally Identifiable Information, such as push notification name (if applicable), billing information (if applicable) and mobile device information to MB when participating in various uses of the MAYI® Service.
Cookies Information: One or more session cookies and/or persistent cookies (small text file with a string of alphanumeric characters) may be send to your computer identifying your browser when you visit the MB Site.
Log File Information: Our servers automatically record certain information when you use the MB Site. These server logs may include information such as your web request, the Internet Protocol ("IP") address, browser type & language, referring / exit pages, URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, one or more cookies that may uniquely identify your browser and various status information. When you use the MAYI® Service, our servers log certain general information that our MAYI® mobile application sends whenever a push message is sent or received.
13.3. How information will be used by MB
In general any Personally Identifiable Information submitted by you to us through the MB Site, or MAYI® Service, your personal information is used to operate, maintain, and provide to you the features and functionality of the MB Site and MAYI® Service. Any Personally Identifiable Information or status content that you voluntarily disclose with the MAYI® Service becomes publicly available and may be collected and used by other users of the Service. Your personal information as provided by you may be displayed to other users when you transmit your status messages through the MAYI® Service and other users may contact you through the MAYI® Service. We may use cookies and log file information to: (i) provide custom, personalized content and information; (ii) to monitor individual and aggregate metrics e.g. such as total number of visitors, pages viewed, etc.; and (iii) track your entries, submissions, views and such.
13.4. Disclosure of information
Other users of the MAYI® Service may see your Content Submissions in a way that is consistent with the use of the MAYI® Service. We do not sell or share your Personally Identifiable Information given (when getting registered) with other third-party companies for their commercial or marketing use. We may share your Personally Identifiable Information with third party service providers to the extent that it is reasonably necessary to perform, improve or maintain the MAYI® Service. MB reserves the right to disclose Personally Identifiable Information and/or non-personally-identifiable information of which MB believes, in good faith, is appropriate or necessary to enforce our Terms of Service, take precautions against liability, to investigate and defend itself against any third-party claims or allegations and to protect the security or integrity of the MB Site or our servers, and to protect the rights, property, or personal safety of MB, our users or others.
13.5. Your own decision
If you do not agree with our Privacy Policy or Terms of Service, please uninstall the MAYI® mobile application and discontinue use of the MAYI® Service; your continued usage of the MAYI® Service will signify your assent to and acceptance of our Privacy Policy and Terms of Service. Please contact MB via email to support@mayi-app.com or available web forms with any questions or comments about this Privacy Policy, your personal information and your consent.
13.6. Third-party Advertisers
MAYI® Service is currently ad-free and it is not allowed to use our Service for advertising purpose. MB is free to integrate advertising in its MAYI® Service at any time in the future.
13.7. Data Security
MB uses technical possibilities to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit through our service to MB and you do so at your own risk. However, if you transmit data to our website, please note that this is not a guarantee that such information may not be accessed, disclosed, changed, or destroyed. 13.8. Care for the Privacy of Children
In order to protect the privacy of children and young adults no part of the MAYI® Service is directed to or intended to be used by persons under 18. If you are under 18 years of age, then please do not use the MAYI® Service or access the MB Site at any time or in any manner. 13.9. Information of PRIVACY
MAYI® Site and Service are hosted in Germany and are intended for and directed to users in Germany. If you are a user accessing the MAYI® Site and Service from any other state in the European Union, United States, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from German laws, please be advised that through your continued use of the MAYI® Site and Service, which are governed by German law, this Privacy Policy, and our Terms of Service, you are transferring your personal information to Germany and you expressly consent to that transfer and consent to be governed by German law for these purposes.
13.10. In the Event of Merger, Sale, or Bankruptcy
In the event that MB is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have from our users as part of such merger, acquisition, sale, or other change of control. In the event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able anymore to control how your personal information is treated, transferred, or used.
13.11 Changes and updates to this Privacy Notice
This Privacy Policy may be revised periodically and this will be reflected by the "effective date" below. Please revisit this page to stay aware of any changes. Your continued use of the MB Site and MAYI® Service constitutes your agreement to this Privacy Policy and any amendments now and in the future. 14. GOVERNING LAW These Terms shall be governed and construed in accordance with the laws of Germany, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service. 15. CHANGES We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service. CONTACT US
If you have any questions about these Terms, please contact us at legal@mayi-app.com. Last updated: December 02, 2014
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