TERMS & CONDITIONS

1. General

1.1 Operator of the mobile applications “The Cool Guide” is TCG Publishing GmbH, Steinstr. 73, 81667 Munich, Germany (hereinafter „TCG”).

1.2 TCG allows users of the website (www.thecoolguide.net) and mobile application (hereinafter “App”) to consume various media-based local news, stories, reviews, events and offers in a simple and straightforward manner. Such media materials are stored by its publishers, on different hosting platforms (e.g. YouTube, Vimeo, Dailymotion) or by TCG directly.

2. Scope

2.1 These terms and conditions apply to TCG and include all services, content, features and offers within the app in the offered operating system (iOS, Android). By using the TCG Apps, you agree to the terms and conditions’ validity and accept them as binding. Please read them carefully.

2.2 The terms and conditions are applicable for both consumers and businesses. They are always available online and apply to all one-time and ongoing services, unless specific rules apply. Opposing or deviating terms and conditions of the user are not binding, unless they are expressly agreed upon in writing.

2.3 Allover TCG reserves the right to change these terms and conditions or to adapt them in the future, e.g. due to legal changes, in order to take into account changes in services or loopholes. In that case, users will be informed in an appropriate manner.

2.4 Please note that TCG´s website, products and services are at this moment for demonstration purposes only and will be subject to multiple changes in the near future, these terms will be accordingly.

3. Intellectual property rights

3.1 TCG provides various media content within the app. The provided content may also be copyrighted or trademarked content or even third-party content that does not belong to TCG.

3.2 This is especially important for the initial content displayed for demonstration purposes, which is owned by third party publishers and platforms. TCG holds no rights on any content displayed in the app. If you are a content owner or copyright holder and do not want your content to be displayed in our products, please contact us: mail@www.thecoolguide.net

3.3 Content provided by TCG (e.g. news articles, pictures, etc.) may not be copied, distributed or otherwise made publicly available without permission of the copyright holder – unless permitted by law.

3.4 Our service and products as well may be protected by copyright, trademark, patent and other laws. TCG gives you a personal, worldwide, non-assignable license to use the software we provide you for your own personal, non-commercial use. This license lets you use TCG solely as permitted by these terms.

3.5 Unauthorized use of any of TCG’s trademarks, logos, domain names or other distinctive brand features is prohibited.

3.6 You promise to use the service only for lawful purposes, and to not violate the rights of third parties. Any unacceptable use may result in immediate termination of your account and suspension of service access in the future.

4. Contact

4.1 Subject of this contract is the free-of-charge or in-return-for-payment use of the TCG App.

4.2 The contractual relationship between you and TCG becomes effective by clicking the “install” button on the product description page of the respective app stores.

4.3 The service of TCG is addressed to users who are 14 and older. Users under 18 years (“minors”) require the consent of their parent or guardian.

4.4 In the free-of-charge version of the App, advertising can be displayed and may take the form of banners, full-screen or logos of sponsors and may need to be closed by clicking a box to go back to the App. Users of the respective App are not allowed to edit, remove or obscure any advertisements.

4.5 TCG reserves the right to cease rendering services that are free of charge at any time without prior notice. In this case the user is not entitled to claim continuation of the service.

4.6 TCG reserves the right to extend, modify or delete services or to make improvements, especially if these serve the technical progress, appear to be necessary or prevent abuse. The changes can alter the appearance, design, navigation or features of the TCG App. In this case TCG does its best to consider the user experience.

4.7 Both users and TCG may terminate this contract with immediate effect. In this case, you are no longer bound by these terms and conditions. Denunciation shall be effective by deleting the App from the respective mobile device.

5. Registration and usage of the TCG App

5.1 You may download and use the TCG App without registration for different devices in the respective App Store. For some functions planned, in particular social media channels and for using the comment function, a registration will be required.

5.2 TCG will then offer various ways of registration, from which you can make your choice (Facebook , Twitter, Google). For a registration within an App you will have to specify the necessary data truthfully and completely if these are not marked as voluntary. You have to choose a username and a valid e-mail address.

5.3 If maintenance is required and therefore the TCG App is not available, you will be informed in advance if possible. TCG is not responsible for internet-/network caused downtime and especially not for downtime in which an App is not available due to technical or other problems, which are not within the sphere of influence of TCG (e.g. force majeure, third party, etc.).

6. Responsibility for content / functionality of the App

6.1 TCG provides several media content within the App. The provided content may also be copyrighted third party content. Such content does not belong to TCG and there is no way to change the content of third parties. TCG assumes no responsibility for the accuracy, legality, completeness and timeliness of contributions, in particular for the content and information contained on third party websites, which are referred to via links from the App. Therefore TCG is not liable for damages caused by the provision of third party content, such as infringement of copyright or other rights of third parties.

6.2 Within the App available third party media-material and content may not be stored or hosted by TCG. The respective content of third parties is only stored on their owned or in the corresponding hosting platforms (e.g. Youtube, Vimeo, Dailymotion). TCG has no influence on the scope and the period of storage and availability of any third party content or media-materials.

6.3 Users of the App have no right to demand the access to a certain content or the availability of media functions.

6.4 TCG is not obligated to improve, to update/upgrade the App, or to make available content and features in the respective App. Allover does not warrant certain functionalities of the Apps.

7. Liability

7.1 TCG is liable only for intent and gross negligence, including intent or gross negligence of its representatives or agents.

In cases of slight negligence TCG is only liable

a) in case of culpable injury to life, body or health

b) in case of culpable breach of an essential contractual obligation (a duty, whose fulfilment makes possible the purpose of the contract and the proper use of the Apps and on whose observance the user usually trust). The claim for damages is then limited to the foreseeable, typically occurring damage.

7.2 The above limitations do not apply if TCG fraudulently conceals a circumstance regarding the standard of the App or guarantees a certain functionality of the App. The same applies to any claims by the user according to the Product Liability Act.

7.3 To the fullest extent allowed by law, TCG shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill or other intangible losses resulting from (A) your access to, use of, inability to access or inability to use Cool Guide; (B) any third party conduct or content on TCG, including any defamatory, offensive or illegal conduct of third parties; or (C) any unauthorized access, use or alteration of content.

8. Privacy policy

8.1 By using the respective TCG App, TCG’s privacy policy statement applies and is hereby made part of these terms and conditions.

8.2 When you create an account with TCG, you just give us a username. If you want, you can give us a pseudonym instead of your legal name. To keep your account anonymous, we will provide you a User-ID, which you can use across devices. Your user ID helps you customize your account and connect with other TCG users.

8.3 To help you make TCG a personal experience, we may ask for additional information, like your location.

8.4 We receive some other information automatically when you use TCG. This includes data about your device, software, operating system, operating system- provided device or user-specific advertising IDs for advertisement tracking (“Advertising IDs”), your IP address and the date and time of each request you make to TCG.

8.5 To make your TCG experience better, we collect information about how you view and interact with content and advertisements through TCG and on third-party sites with TCG widgets.

8.6 If you want to message something you see through TCG to a friend who isn’t already a TCG user, we may keep their contact address for the purpose of sending such messages and improving our services. Recipients may contact us at mail@www.thecoolguide.net to request that we remove this information from our database.

8.7 We are not tracking your use of our services on your own mobile device anonymous.

8.8 Some publishers or other third-party services that we partner with may use cookies, web beacons or other technologies to keep track of your Internet activity.

8.9 Please note that this privacy policy explains TCG’s policies only, and doesn’t cover the practices of other services.

9. Disclaimer

9.1 TCG is provided “as is” without any warranties, express or implied.

9.2 TCG disclaims all warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

10. Final provisions

The possible invalidity of one or more provisions of these terms and conditions shall not invalidate the remaining provisions.

Any use of the TCG App or data, information, texts, text parts or images contained herein, and every action, toleration or omission related to the use of the Apps is exclusively subject to German Law.

This also applies to the use or registration of users from other countries. The jurisdiction is determined by TCG´s location (Munich, Germany).

We welcome all questions, concerns and feedback you might have about these terms. If you have suggestions for us, let us know mail@www.thecoolguide.net

Munich, 01.10.2017

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