Advent App is a service and product provided for you by traumtraum UG, c/o Evangelos Sismanidis, Eisenacherstr.116, Berlin ('traumtraum UG'; 'we') With our application Advent App you can create and consume personal Advent calendars including pictures, text, links and other content.
To see on which devices and operating systems our application Advent App runs please check the current information in the iTunes Store and the Google Play Store.
You agree that you will not use Advent App if you are under 13.
2 Offer of Advent App
Advent App allows arbitrary third parties to create, give away and consume Advent calendars including pictures, text, links and other content by storing it and making it available within our application. Creating and consuming Advent calendars is cost free. Giving away a calendar is being charged. Giving away the calendar means that we generate an individual link that can be made available to a third person. It is necessary that the person supposed to receive the calendar downloads Advent App to view the calendar. The person giving away the calendar is also responsible to inform the destined person about the gift. Since Advent App only runs on certain devices the person giving away a calendar should verify that the person who is supposed to receive the calendar has a suitable device and operating system at one’s disposal.
Downloading Advent App and to create and view calendars is free of charge. There is a charge for submitting (giving away) the calendars created by you to the destined person. The amount to be paid to traumtraum UG is based on the prices set by traumtraum UG, which are valid at the time of conclusion of the contract. The payment is indicated in the application and agreed by and between contracting parties. All the contractual payments to be made by you shall be understood including statutory turnover tax at the time of purchase.
4 Content rights
All content rights stay with the user. However to perform the service concerned certain rights have to be granted to us. By giving away a calendar the content is made available to third parties. The user automatically agrees that these parties can see download and forward the content. For the purpose of the service traumtraum UG therefore has the gratuitous right to distribute the content.
5 Responsibility for content
Any content you make available with Advent App is referred to as User Content. If you create an Advent calendar you are solely responsible for the User Content. Traumtraum UG does not accept any liability for the copyright of pictures, texts, songs and other content used in the products offered. You must ensure that you are not infringing any copyright, patent, trademark or any other law before submitting content in the Advent App. You are responsible for all possible consequences of unlawful use of protected data. You must also ensure that the content of the product submitted complies with all legal requirements relating to obscenity, libel or any other matter. Traumtraum UG does not control the content posted and does not guarantee the accuracy, integrity or quality of the content. Under no circumstances traumtraum UG will be liable to the content made available by a user. Furthermore we reserve the right to remove User Content that we believe violates these Terms.
6 Liability for Defects
Our liability for defects is reduced to limitations that are not due to the restrictions in availability described in section 2. A defect will always be deemed to exist if the suitability for contractual use is suspended or considerably restricted. You are obliged to inform us immediately of the defect in writing or by email.
Irrespective of the above regulation traumtraum UG shall be liable to an unlimited extent for damages to life, body and health which are due to a negligent or willful breach of duty by us, our legal representatives or our vicarious agents, for damages which are covered by the liability according to the Product Liability Act, as well as for all damage which are due to willful or grossly negligent breaches of contract and fraudulent intent.
You are responsible to regularly back up your data that is stored in Advent App. In case of data loss you can therefore reconstruct your own data.
You use Advent App at your own risk. Even though we try to keep it bug-free and save we do not guarantee that Advent App will always be safe and error-free. Furthermore we do not guarantee that traumtraum UG services will always function without disruptions.
8 Place of Jurisdiction
The sole place of jurisdiction for both parties for all disputes arising directly or indirectly from the contractual relationship shall be Berlin, Germany. We are, however, also entitled to take the customer to court at his general place of jurisdiction.