These Terms of Use apply to your access and use of the Takes app. Please read this agreement carefully. By downloading, accessing and/or using the Takes app, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Service.
Takes provides you a platform to share your views about ongoing topics, debate and follow current public opinion. Usage of the Takes platform requires a registered account.
You can find more information about the app on our website: www.takes-app.com
Download and usage of the app is for free. To finance the app, we may place ads at a later stage.
After downloading the app we will ask for your permission to communicate with you electronically via Push-Notifications. If you give your consent you will get Push-Notifications, e.g. if you receive new Replies or Votes on your Takes. We will further inform you via Push-Notifications if there are other news around the App like new features. You can deactivate these messages at any time by changing the notification settings on your device.
The Services consist of interactive features that allow users to post and transmit content, including but not limited to text, photos or other materials ('User Content'). You understand that your User Content will be viewable by other users of the service. When you post, link or otherwise make available content to our Service, you hereby grant Takes a worldwide non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, create derivative works from such content and to publish, distribute, perform and display it throughout the world in any manner or media, on or off the Takes app.
You agree to abide by the below-mentioned conduct guidelines, which may be updated from time to time. If we update these guidelines for user conduct, we will provide notice of such changes.
You may not post, link, license or otherwise make available on or through the Service any of the following:
• Content that is illegal or unlawful;
• Content that displays violent actions;
• Content that displays pornographic material;
• Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual or other right of any party;
• Viruses, corrupted data or other harmful, disruptive or destructive files or code.
You agree you will not do any of the following when using the Service:
• Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable,
• Overburden or impair the functioning of the Services in any manner;
• Engage in any harassing, intimidating, predatory or stalking conduct;
• Compromise the security of the Services;
• Send any unsolicited or unauthorized advertising, spam, solicitations or promotional materials;
• Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data;
• Use or attempt to use another user's account without authorization;
• Attempt to circumvent any content filtering techniques we employ, or attempt to access areas/features of the Services that you are not authorized to access;
• Buy, sell, rent, lease, or otherwise offer in exchange for any compensation, access to your Takes account;
• Use the Services for any activity that violates these Terms.
If you discover or suspect any Service security breaches, please contact us directly at ferdinand@takes-app.com.
You further agree to abide by any third-party terms that apply, including Apple's App Store Terms of Service and the Google Play Store Terms of Service. You acknowledge and agree that the availability of the Takes app is dependent on such third party from which you received the app.
You agree that the usage rules for the app are subject to any additional restrictions set forth in the usage rules for the third party Terms of Service as of the date you download the app.
In the event of any conflict between the terms and conditions of the third party Terms of Service and the terms and conditions of these Terms, the terms and conditions of the third party Terms of Service will govern if they are more restrictive.
This License Agreement is between you and Takes, and governs your use of the Takes app made available for use on smartphones and other electronic devices. Takes grants you a limited, non-exclusive, non-transferable and revocable license to use the Takes App for your personal, non-commercial purposes. You may only use the Takes app on a device that you own or control and that is permitted by any applicable usage rules applied by your device's manufacturer or by the marketplace at which we have made the app available. The terms of this license will also govern any upgrades provided by Takes that replace and/or supplement the original app, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
However, unless we expressly state otherwise, your right to use the Service does not include
• using the Takes app on any mobile device that you do not own or control;
• publicly performing or publicly displaying the Service;
• modifying or otherwise making any derivative uses of the Service or any portion thereof;
• downloading (other than page caching) of any portion of the Service or any information contained therein;
• reverse engineering or access to the Service in order to build a competitive product or service;
• using the Service other than for its intended purposes.
Should you do any of this, Takes may terminate your use of the Service, and you may have infringed the copyright and other rights of Takes, which may subject you to prosecution and damages.
You agree that you are solely responsible for your User Content. Takes cannot accept any responsibility for content, data and/or information provided by you or other users of the Service. We shall in particular not guarantee that the posted content is true, fulfills a specific purpose or can serve such a purpose. Should you become aware of a use of the services that violates these Terms or the law, we ask you to inform us immediately at ferdinand@takes-app.com.
We provide you with information on how we collect and process our users data in our Privacy Policy (www.takes-app.com/privacy).
The Service and content included on or otherwise made available to you through the Service is provided on an AS IS or AS AVAILABE basis without any representations or warranties of any kind.
While the Takes app attempts to provide a good user experience, we cannot and do not represent or warrant that the Services will always be secure or error-free or that the Services will always function without delay, disruptions or imperfections. Takes cannot guarantee that its Services are virus-free. The user shall take all necessary safety measures and install the latest security updates, in order to prevent viruses. In the event of any failure of the app to conform to any applicable warranty, you may notify the marketplace from which you have downloaded the app. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
Takes shall only be liable for willful intent or gross negligence. This limitation of liability does not apply to claims for damages that result from injury to life, body or health. Takes shall not be liable for slight negligence, if no essential contractual obligation is violated, as far as no guarantee has been agreed upon for the quality of the Services, as far as there is no maliciously concealed defect, default or impossibility for which Takes is responsible. In case of slightly negligent violation of essential contractual duties, the fulfillment of which is required for the due execution of a contract and the observance of which the user relies on and may rely on, the claim for damages shall be limited to the amount of typically predictable damage.
The above limitation of liability does not apply to claims for damages that result from injury to life, body or health. The liability according to the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.
As far as Takes's liability is excluded or limited, the same applies for the personal liability of Takes's employees, representatives and agents. The User shall secure his data and the text message received from Takes, which contain a verification code, in accordance with the current state of technology.
You agree to defend, indemnify and hold Takes harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your posts caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Service.
We may in our sole discretion review, improve, modify or discontinue, temporarily or permanently, the Service and/or any information or content on the Service. If we do so, we will provide notice of such changes, such as by sending a Push-Notification to you. You agree that Takes will not be liable to you or any third party for any modification or discontinuance of the Service or any portion thereof.
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms, without notifying you or obtaining your consent.
These Terms shall be governed by and construed in accordance with German law, and any dispute between you and Takes relating to these Terms will be subject to the exclusive jurisdiction of the courts of Germany.
In case individual provisions in these Terms are or become invalid, or should gaps arise in these Terms, the validity of all other provisions shall not be deemed affected thereby. Instead of the ineffective provision or for replenishment of gaps an adequate provision shall apply, which - to the extent legally permitted - comes as close as possible to what Takes would have wanted in the first place, provided that Takes had thought of the invalid or incomplete provision. Side agreements require written form. Also, any waiver of the written form shall only be made in writing.
For any feedback, questions or criticism you can contact us at ferdinand@takes-app.com.