Terms and Services
Last updated: 29/ april/ 2016
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the TokeToMe App and www.toketome.com website (the “Service”) operated by Monkey Business GmbH (“us”, “we”, or “our”).
Monkey Business GmbH
Board of directors: Ricardo Gruber, Fabian Liße, Christopher Rice
Registered at Amtsgericht München
Registration number: HRB 225503
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. You must be at least 18 years of age to use our Service; and by agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age. Failure to state your age truthfully, both accidentally and intentionally, is considered a breach of the terms.
We, together with our licensors, own and control all the copyright and other intellectual property rights on our Service. All the copyright and other intellectual property rights on our Service are reserved.
You warrant and represent that your content will comply with these terms and conditions. Your content must not be illegal or unlawful and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
Our Service currently allows you to send voice messages to other users. Updates to the service may include the ability to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service and any printed media TokeToMe might decide to produce. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or third party.
Your content, and the use of your content by us in accordance with these terms and conditions, must not be: libelous or maliciously false; be obscene or indecent; constitute negligent advice or contain any negligent statement; constitute an incitement to commit a crime; be in contempt of any court, or in breach of any court order; be in breach of racial or religious hatred or discrimination legislation; be in breach of official secrets legislation; be in breach of any contractual obligation owed to any person; consist of any instructions, advice, or other information, which may be acted upon and could, if acted upon, cause illness, injury, death, or any other loss or damage; cause annoyance, inconvenience, or needless anxiety to any person.
License to use the service
You may view Content from our service in the iOS and Android applications. You must not download any material from our Service or save any such material to your phone or other electronic devices without the consent of the content owner. Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our Service.
Unless you own or control the relevant rights of the material, you must not republish material from our Service; sell, rent, or sub-license material from our Service; show any material from our Service in public; exploit material from our Service for a commercial purpose; or redistribute material from our Service.
We reserve the right to restrict access to areas of our Service, or indeed our whole Service, at our discretion. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Service.
You must not: (a) use our Service in any way or take any action that causes, or may cause, damage to the Service or impairment of the performance, availability or accessibility of the Service;
(b) use our Service in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our Service to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) use data collected from our Service for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing, and direct mailing)
You must ensure that all the information you supply to us through our Service, or in relation to our Service, is true, accurate, current, and non-misleading.
In these terms and conditions, ‘your Content’ refers to all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our Service for storage or publication on, processing by, or transmission via, our Service. Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way or if we reasonably suspect that you have breached these terms and conditions in any ways, we may delete, unpublish, or edit any of all of your content and suspend your account indefinitely.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You must notify us in writing immediately if you become aware of any disclosure of your password. You are responsible for any activity on our Service arising from any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You must notify us in writing immediately if you become aware of any unauthorized use of your account. You must not use any other person’s accounts to access the Service, unless you have that person’s explicit permission to do so. We reserve ourselves the right to delete your account if you have a criminal record or are currently under investigation for having committed a criminal offense.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of TokeToMe and its licensors. The Service is protected by copyright, trademark, and other laws of both Germany and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of TokeToMe.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by TokeToMe. TokeToMe has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that TokeToMe shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
Limitation Of Liability
In no event shall TokeToMe, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
We do not warrant or represent: the completeness or accuracy of the information published on our Service; that the material on the Service is up to date; or that the Service or any service on the Service will remain available.
We reserve the right to discontinue or alter any or all of our services and to stop publishing our Service, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any Service, or if we stop publishing the Service. To the maximum extent permitted by applicable law and subject to the section ‘Limitations and exclusions of liability’, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our Service, and the use of our Service.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the Service or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
Limitations and exclusions of liability
Nothing in these terms and conditions will: limit or exclude any liability for death or personal injury resulting from negligence; limit or exclude any liability for fraud or fraudulent representation; limit any liabilities in any way that is not permitted under applicable law; or exclude any liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this section and elsewhere in these terms and conditions govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that our service and the information and services on our service are provided free of charge, we will not be liable for any loss or damages of any nature. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
TokeToMe, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may: send you one or more formal warnings; temporarily suspend your access to our Service; permanently prohibit you from accessing our Service; block computers using your IP address from accessing our Service; contact any or all your internet service providers and request that they block your access to our Service; commence legal action against you, whether for breach of contract or otherwise; and/or suspend or delete your account on our Service.
Where we suspend or prohibit or block your access to our website or a part of our Service, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
These Terms shall be governed and construed in accordance with the laws of Bavaria, Germany, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 10 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
The revised terms and conditions shall apply to the use of our Service from the date of publication of the revised terms and conditions on the Service, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
You hereby agree that we may assign, transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. You may not without prior written content assign, transfer, sub-contract, or otherwise deal with any of your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provisions of these terms or conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Third party rights
These terms and conditions are for our benefit and your benefit, and these terms and conditions are not intended to benefit or to be enforceable by any third party. The exercise of the parties’ rights under these terms and conditions is not subject to the consent of any third party.
The Service may contain links to third-party websites and services. These links might, but are not necessarily, in the form of the respective logos of the websites to which they are linked. Such third-party links are not under the control of us and we are not responsible for any third-party links. We provide access to these third-party links only as a convenience to you, and we do not review, approve, monitor, endorse, warrant, or make any representation with respect to third-party content or third-party links. You use all third-party links at your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any of the third-party links, the applicable third party’s terms and policies apply, including the third-party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such third party links.
Your interactions with other users of the Service are solely between you and such users. You agree that we will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any other user of the service, we are under no obligation to become involved.
You hereby release and forever discharge the us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the use of the Service (including any interactions with, or act or omission of, other users of the Service or any Third-Party Links & Ads).
Subject to the section ‘Limits and exclusions of liability’, these terms and conditions shall constitute the entire agreement between you and us in relation to your use of our Service and shall supersede all previous agreements between you and us in relation to use of our service.
These terms and conditions constitute the entire agreement between you and use regarding the use of the Service. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to us is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may freely assign these terms and conditions. The terms and conditions shall be binding upon assignees.
Law and jurisdiction
These terms and conditions shall be governed by and construed in accordance with German law. Any disputes relating to these terms and conditions shall be subject to the jurisdiction of the courts of Germany.
If you have any questions about these Terms, please contact us under firstname.lastname@example.org
TokeToMe is owned and operated by Ricardo Gruber and Christopher Rice.
Companies that wish to advertise on TokeToMe must get in contact with us under email@example.com.