TERMS OF USE
1. Scope
1.1 The use of the mobile application offered by NEW YORKER Marketing & Media International GmbH (hereinafter referred to as “NEW YORKER”) and of all other associated applications and services of NEW YORKER provided to the user of the mobile application (hereinafter “NEW YORKER APP”), is permitted exclusively on the basis of these Terms of Use. “Mobile Applications” means, in this context, applications that can be used on smartphones, tablet PCs and other devices.
1.2 From time to time we shall adapt the Terms of Use to reflect changes. By using the service, you are accepting these Terms of Use in their latest version.
1.3 You must be at least 18 years of age to use the NEW YORKER APP.
2. Conditions
2.1 In general, the NEW YORKER APP must be downloaded from the appropriate store (generally App Store for iPhone/iPad and Google Play for Android devices). The NEW YORKER APP is free of charge. You may be charged transmission costs by your provider during download and use of the NEW YORKER APP.
2.2 If a charge is made for services in the NEW YORKER APP, you shall be notified accordingly and shall be asked to provide your consent to the relevant charge prior to finalizing the purchase.
3. Right of use
3.1 Unless agreed otherwise in individual cases, we shall grant you a restricted, non-exclusive and non-transferrable right to access, use and display on a screen the NEW YORKER APP and its content for private use under the provisions of these Terms of Use. Commercial use, in particular placement of and linking to commercial advertising, is prohibited.
3.2 We reserve the right to restrict or terminate your use of the NEW YORKER APP at our discretion and without prior notice, unless otherwise agreed with you by contract. We are also entitled to deactivate or erase your password, user account and the entire contents of your user account with immediate effect and to block your further access to personal data if you breach these Terms of Use or if you provide us with false, inaccurate or incomplete information about your identity or if we have legitimate grounds to suspect that you have provided false, inaccurate or incomplete information about your identity.
4. Technical requirements
4.1 The prerequisite for use of the NEW YORKER APP is that you have compatible devices and corresponding software. It is advisable to use the latest versions of the necessary software. Regular updates to your devices may also be necessary.
4.2 Use of the NEW YORKER APP also requires internet access.
5. Liability
5.1 NEW YORKER makes every attempt to provide accurate and up-to-date information in the NEW YORKER APP. However, no guarantee as to the accuracy and/or timeliness of this information can be provided. Please also note that we cannot accept liability for the consequences of being unable to access the NEW YORKER APP and/or other associated applications and services. In this context, we reserve the right to modify or remove content and services at any time, unless otherwise agreed with you by contract. There is therefore no guarantee of uninterrupted availability of the NEW YORKER APP and no liability can be accepted for the unavailability of the NEW YORKER APP through no fault of our own nor for data loss for which we are not responsible.
5.2 NEW YORKER warrants that it will provide the NEW YORKER APP to you with reasonable care and skills and that the NEW YORKER APP is in conformity with these Terms of Use and what can be reasonably expected from it in that regard. However, NEW YORKER cannot provide any guarantee that the NEW YORKER APP or the content delivered by it are compatible with the hardware and software of your mobile end device. Moreover, notwithstanding any applicable mandatory statutory rights you may have, NEW YORKER cannot provide any guarantee that that content is available at all times or at specific times without restriction or that it meets specific service and functional requirements.
5.3 NEW YORKER is responsible only for content that NEW YORKER itself has created, published or distributed.
5.4 If links to websites and/or services of third parties are included in the NEW YORKER APP, we do not claim any ownership of the content of the external websites or services; in particular, we are not able to check the websites and/or services of other companies continuously. The link is simply a reference for you. We are also unable to guarantee the availability of the linked websites and/or services. Use of them is at your own risk.
5.5 Insofar as we offer the opportunity to participate in interactive services, you are responsible for the content you set up.
5.6 Although NEW YORKER makes every effort to keep the NEW YORKER APP free from viruses, NEW YORKER cannot guarantee the absence of viruses. Before downloading material/content, you must ensure that you have appropriate security devices and virus scanners in place for your own protection and to prevent infecting the NEW YORKER APP with viruses.
5.7 As a matter of principle, we accept unlimited liability in cases of malicious intent and gross negligence. In cases of minor negligence, however, we accept liability only for breaches of material obligations (cardinal obligations) and only to a limited extent. That limitation is to damages typical of this sort of contract, the occurrence of which could be anticipated.
5.8 We cannot accept liability for consequential damage, in particular for loss of profit or intangible losses. Moreover, we cannot accept liability for data losses or other damage to your hardware or software that results from downloading material within the NEW YORKER APP.
5.9 The above limitations of liability do not apply to loss of life, physical injury or damage to health for which we are responsible, nor to claims under the German Product Liability Act.
5.10 The above limitations of liability also apply accordingly to the employees, legal representatives and vicarious agents of NEW YORKER.
5.11 You are liable for all disadvantages that NEW YORKER suffers as a result of misuse or illegal use of the NEW YORKER APP or that come about as a result of the fact that you culpably fail to fulfil your contractual obligations.
6. Obligations of the user
6.1 You are obliged to provide us with truthful and complete information about your identity – in particular, your first name, surname, address, telephone number and email address – insofar as this information is required for personal services. We also ask you to update your personal details at regular intervals and to back up your data, so that they can be restored if they are lost.
6.2 The right to use the NEW YORKER APP and its services applies to you alone. The following rights and obligations arising from the Terms of Use may not be transferred to third parties either in whole or in part. If you take part in forums, chats, blogs and other interactive services, you are forbidden from giving third parties access to your user account and password; they entitle only you to use the NEW YORKER APP and its services.
6.3 As a user of interactive services, you must keep your password and other information about your user account confidential. You must notify us immediately in writing or by email to service@newyorker.de of any unauthorized use of your user account. You accept all responsibility for any actions carried out under your access details.
6.4 Uploading, dissemination and/or making available illegal and immoral content and/or statements, in particular of the sort that incite racial hatred or glorify or trivialize violence, glorify war, are pornographic or sexually offensive, are clearly likely to endanger children and young people or that make reference to the aforementioned materials, is prohibited. When using the NEW YORKER APP, you may not breach commercial protection rights, copyright, personal rights, property rights or other rights of third parties; transmit content with viruses, so-called Trojan Horses or other programs that damage and/or put at risk software and/or hardware and system or network security; enter, store or send hyperlinks or materials without authorization to do so, in particular if those hyperlinks or materials breach confidentiality obligations or are unlawful; or disseminate advertising or unsolicited emails (so-called “spam”) or inaccurate warnings of viruses, malfunctions etc. or encourage participation in competitions, snowball systems, chain letters, pyramid schemes and similar promotions.
7. Authorship
7.1 The NEW YORKER APP is protected by copyright. This applies in particular to source code, texts, images, photographs, illustrations, graphics, designs, sound, video and animation files, including their layout in the NEW YORKER APP. Any change (including partial), duplication, dissemination, sending or other use of components of the NEW YORKER APP (in whole or in part) using electronic media (including on the internet) or conventional publications is only permitted with prior consent. Consent to publish the NEW YORKER APP may be given by the editors legal notice.
7.2 Moreover, images, graphics, text and other files may be subject to third-party copyright in whole or in part.
7.3 Content and downloadable materials may be copied or downloaded for personal use only. Through this process, however, the user does not acquire any rights to the copied or downloaded materials. Reproduction, publication, forwarding, transfer, distribution, display, modification, sale or use for public or commercial purposes of the entire content or parts of the content of the NEW YORKER APP are not permitted.
7.4 All trademarks and other marks in the NEW YORKER APP are subject without limitation to the provisions of applicable trademark law. Their simple appearance in our NEW YORKER APP does not mean that the marks are not protected by third-party rights.
7.5 Through the use of the NEW YORKER APP, no license is provided or right granted expressly, implicitly or in any other way to use intellectual property rights, the object of which appears in the NEW YORKER APP. Any illegal use is expressly prohibited.
7.6 Of course, you can print out copies of the NEW YORKER APP for your personal use. The same applies to downloading of content onto your hard disk, provided that it is restricted to your own personal use. Copyright notices and trademark designations must not be changed or removed under any circumstances.
7.7 You accept that we shall acquire ownership of any material that you contribute to the NEW YORKER APP on your own initiative, on request or that you send to us in any other way, such as by e-mail. Unless personal details are involved or we have concluded a confidentiality agreement with you, we are not obliged to treat the material in confidence. You grant us a royalty free and free of any other charges, indefinite, irrevocable, transferrable and exclusive right to exploit and make use of the material you contribute to the NEW YORKER APP. In particular, we are entitled to reproduce, publish, pass on, transfer, distribute, modify or sell this material worldwide and to use the entire content or part thereof in any other way for public or commercial purposes and to insert it into other works of any kind, irrespective of the form, media and technology that is used in this process.
7.8 NEW YORKER is entitled to edit the content provided insofar as this is necessary for graphical display or editorial reasons.
7.9 You guarantee that you hold all rights to the transferred content, in particular that you are entitled to transfer the specified rights to NEW YORKER. Persons shown on photos must be over the age of 18 and have consented to the upload or you must have the corresponding consent of the relevant guardian.
7.10 If third parties or other users make claims against NEW YORKER on the grounds of the provision of content and/or of an upload and/or the use of content (in particular for the breach of personal rights, copyright, trademark rights or ancillary copyright), you are obliged to compensate NEW YORKER for all resulting losses and indemnify us against claims of this sort on first request.
7.11 This is without prejudice to any other rights of or compensation claims by NEW YORKER. You are entitled to demonstrate that lower costs were actually incurred by NEW YORKER.
7.12 Apart from the right of use and other rights granted to you expressly here, no other rights of any sort are granted to you, in particular to company names and commercial protection rights such as patents, registered designs or brand names, nor is NEW YORKER under any obligation to grant rights of this sort.
8. Data protection
The privacy policy of NEW YORKER applies, which is accessible under the following link: Privacy policy
9. Miscellaneous
9.1 These Terms of Use are governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on the International Sale of Goods. This choice of law would not affect the applicability of the mandatory law of your country of residence.
9.2 Should individual provisions of these Terms of Use be or become ineffective or conflict with statutory provisions, the validity of the remaining Terms of Use is not affected. The invalid provisions shall be replaced by mutual agreement of the parties with a provision which comes as close as possible to the economic purpose of the invalid provisions in a legally valid way. The above provision also applies to loopholes.
9.3 The Terms of Use together with the Special Terms & Conditions for Personalized Services, the privacy policy and any other regulations for interactive service constitute the entire agreement between you and NEW YORKER.
9.4 The NEW YORKER APP is operated by and the responsibility of NEW YORKER. The NEW YORKER APP respects the requirements of the respective country in which the company responsible has its registered office. NEW YORKER cannot accept responsibility if materials/content of the NEW YORKER APP may also be accessed or downloaded at locations outside the country concerned. If users from locations outside the country concerned access the NEW YORKER APP, they are themselves exclusively responsible for compliance with the relevant provisions of the law of that country. Access to materials/content in the NEW YORKER APP from countries in which such access is prohibited is not permitted.
