These Terms govern the use of this Application (“Ping”) and any other related Agreement or legal relationship with the owner in a legally binding way. The User must read this document carefully.
This Application is provided by its owner:
ping UG (haftungsbeschränkt)
Mundsburger Damm 20
Represented by the Managing Directors Noah Feller und Hiob Feller
Contact of the owner: email@example.com
A user is anyone who successfully creates a user profile within the Ping application. A user must be older than 17 years as stated in the Appstore where this application can be downloaded. A user account is created when signing up for Ping. However, a user profile must be created to use Ping. Without a user profile, there is no user generated content visible (other profiles), no interaction is available with other users (sending a Ping, messaging) and the own location will not be displayed to others. To create a profile, mandatory information must be provided (e.g., username, profile picture with clearly visible face), and voluntary information can be provided (bio, further pictures). Input-fields are marked respectively. Failure in creating a profile will cause unavailability of Ping.
By creating a profile, users agree to this terms and conditions. Further, users agree to be fully responsible for all activities that may happen under their user account as it is the user’s responsibility to keep the access to its profile confidential. The users must inform the owner (firstname.lastname@example.org) immediately if they think their user accounts, access credentials or other personal data, have been violated, unduly disclosed, or stolen.
All users can delete their account and all associated information at any time by deleting their account (settings, account, delete).
Account suspension and deletion
The owner has all rights at its sole discretion, to delete or suspend user accounts at any time and without any notice, if they behave in an inappropriate, offensive, abusive way or in violation of these terms. A deletion or suspension of user accounts does not entitle respective users to any claims for compensation, damage, or reimbursement.
Contents on Ping
All contents on this application are owned and/or provided by the owner unless it is recognizable or otherwise specified.
The owner undertakes its utmost effort to ensure that the content provided on this application infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result. In such cases, users are kindly asked to preferably report related complaints using the contact provided in the respective section of this document.
Rights regarding content on the Ping application – All rights reserved
The owner holds and reserves all intellectual property rights for any such content. Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the service. In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this application, nor allow any third party to do so through the user or their device, even without the user’s knowledge.
Where explicitly stated on this application, the user may download, copy and/or share some content available through this application for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the owner are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
Content provided by users
The owner allows users to upload, share or provide their own content to this application which includes but is not limited to its profile pictures, username, bio.
By providing content to this application, users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.
Rights regarding content provided by users
Users acknowledge and accept that by providing their own content on this application they grant the owner a non-exclusive, fully paid-up, and royalty-free license to process such content solely for the operation and maintenance of this application as contractually required.
To the extent permitted by applicable law, users waive any moral rights in connection with content they provide to this application.
Users acknowledge, accept, and confirm that all content they provide through this application is provided subject to the same general conditions set forth for content on this application.
Liability for provided content
Users are solely liable for any content they upload within their profile or provide through this application. Users acknowledge and accept that the owner does not automatically filter or moderate such content.
However, the owner reserves the right to remove, delete, block, or rectify such content at its own discretion and to, without prior notice, deny the uploading user access to this application if any complaint based on such content is received, if a notice of infringement of intellectual property rights is received, upon order of a public authority, or where the owner is made aware that the content, while being accessible via this application, may represent a risk for users, third parties and/or the availability of the service.
The removal, deletion, blocking or rectification of content shall not entitle users that have provided such content or that are liable for it, to any claims for compensation, damages, or reimbursement. Users agree to hold the owner harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through this application.
This Application and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of this Application and/or the service violates no applicable law, regulations, or third-party rights.
Therefore, the owner reserves the right to take any appropriate measure to protect its and its users legitimate interests including by denying users access to this application or the service, terminating contracts, reporting any misconduct performed through this application or the service to the competent authorities – such as judicial or administrative authorities, whenever users engage or are suspected to engage in any of the following activities:
- Insulting, threatening or similar misconduct towards other users
- considerably impair the owner’s legitimate interests
- violate laws, regulations and/or these terms
- offend the owner or any third party
- infringe any third-party rights
Banned users will not be able to use Ping again for at least one year. Their face verification picture will be used to prevent them from creating a user profile again, where the provision of a verification picture is mandatory.
These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.
Venue of jurisdiction
The exclusive competence to decide on any controversy resulting from or connected to these terms lies with the courts of the place where the owner is based, as displayed in the relevant section of this document.
Amicable dispute resolution
Users may bring any disputes to the owner who will try to resolve them amicably.
While users’ right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of this application or the service, users are kindly asked to contact the owner at the contact details provided in this document.
The user may submit the complaint including a brief description and if applicable, the details of the related account to the owner’s email address specified in this document.
Online dispute resolution for Consumers
The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving any dispute related to and stemming from online sale and service contracts.
As a result, any European Consumer can use such platform for resolving any dispute stemming from contracts which have been entered into online. The platform may be accessed through: http://ec.europa.eu/consumers/odr/