Comps River

Comps Terms of Use

Preamble

Comps UG (limited liability), represented by its managing director, with registered office in Holderbergerstraße 133d, 47447 Moers, Germany (hereinafter referred to as: “we”, “us”, “our”) is the provider and operator of the app Comps (hereinafter referred to as: “Comps”). Comps offers a platform on which users may create competitions and invite other users to participate in them. The users of Comps may also follow competitions. The following terms of use apply for the use of Comps, the application of which you consent to upon registration.

1 Registration; Conclusion of the User Contract; Application of Privacy Policy

(1) Comps may also be downloaded and used without prior registration, whereby it is only possible to view the competitions posted on Comps. Other features are only available to registered users.
(2) In order to register, you must enter all data requested in the registration process truthfully and completely. By clicking on the registration button, a User Contract is concluded between yourself and us to which the following terms apply. Upon registering, you also consent to our Privacy Policy. Please refer to the Privacy Policy for information on which of your data we collect and store and for which reasons.
(3) Only users who are at least 14 years of age may register with Comps.
(4) The use of Comps is permissible only for personal, not for commercial use. If you are interested in using it commercially, please contact us: info@comps-app.com.
(5) It is not possible to use Comps without an internet connection. Fees may always be incurred
upon using an internet connection through an internet provider.

2 No warranty

The download, installation and use of Comps is free of charge. We therefore reserve the right to fully or partially discontinue this service at any time. You cannot assert any claims against us if we do so. Nor shall you have any claim to the existence or absence of certain features.

3 Obligations when using Comps; Consequences of non-compliance

(1) You may upload image, video and audio files and share them on other social networks; you may like and comment content of other users and share it on other social networks; you may add information to your profile, link other users on competitions and/or tag and invite them as well as invite users to the Comps app via other social networks by sending them a message; you may create links to websites. All of this is referred to as “post content” respectively “posted content” in the following. When posting content, the following rules shall be observed. Your posted content must not contain any of the following:

  • Contents of a racist, pornographic, obscene, or insulting nature, contents that glorify or trivialise violence or that are otherwise unlawful or against public policy;
  • Contents that impair children and youths in their development or upbringing, that endanger them or that violate human dignity or other legal rights;
  • Contents that could incite others to commit punishable acts or acts against public policy;
  • Insulting or offending statements;
  • Threats against other Comps users, providers or third parties;
  • Abusive criticism, slander, lies or misinformation;
  • Links to websites containing any of the prohibited contents listed above;
  • Any other contents that breach third-party rights;
  • Contents that contain viruses, Trojans, spyware or other malware or that could endanger or impair the security and stability of our systems.

(2) In particular, your competitions may not encourage anyone to commit any acts endangering the life, body and health but also personal rights of participants or third parties or to commit any illegal acts.
(3) You may only post such content to which you have the required rights and/or to the posting of which any affected people, e.g. visible on pictures or mentioned in texts, have given their consent to the extent required.
(4) We expressly point out that you may also be liable for posting links (URLs) if these are referring
to illegal content.
(5) The use of crawlers or similar tools is also prohibited in our app.
(6) If we become aware that any content posted or the competition itself violates the preceding regulations or if we receive a request from a third party claiming any violation, we are entitled to instantly remove the content and/or the competition concerned and to block the violating Comps user and/or delete his or her account and to exclude him or her from the future use of Comps.

4 Granting Rights of Use; Affirmation of Ownership Rights

(1) You shall grant us a non-exclusive, free-of- charge right to use the posted content (see sec. 3 para. 1 of this Terms of Use) without any limitation as to place and time. This includes the right of copying, storage and making publicly available, as far as this is required for the operation of Comps and the services offered on it.
(2) In addition, you expressly consent to us making any profile photos you upload publicly available to other Comps users for the duration of the User Contract.
(3) You assure that you hold the rights to any content posted on Comps, which are required for granting rights pursuant to sec. 4 para. 1 and 2 of these Terms of Use and that this does not violate any third-party rights, including personality rights.

5 Third-Party Contents

We are unable to check the files and contents that our users upload, submit or post to the Comps app; we will definitely not edit or otherwise influence these files and contents (unless a breach of rights comes to our attention; see sec. 3 para. 6 of these Terms of Use). Accordingly, we expressly consider such files and contents to be third-party content.

6 Password Protection; Non-assignability of the Account

You may not make your password to Comps accessible to any third parties. Your Comps account is not assignable.

7 Termination of the User Contract; Deletion of the Account

You may terminate the User Contract at any time with immediate effect by deleting your Comps account. Please also read sec. 2 para. 7 and 8 of our Privacy Policy.

8 Disclaimer

We shall be liable exclusively according to the following regulations, no matter what the legal basis may be.
(1) We shall only be liable for intent and gross negligence. In the event of slight negligence, we shall be liable only in the case of a breach of a material contractual obligation whose fulfilment is essential to the due performance of the contract and on whose fulfilment you may always rely (cardinal obligation). In this context, we shall be liable only for foreseeable damage whose occurrence must typically be expected. This also applies to lost profit and unrealised savings. No liability will be accepted for other remote consequential damage.
(2) The limitation of our liability shall not apply in the event of injury to life, body and/or health and in the event of liability under the German Product Liability Act (ProdHaftG).
(3) We shall not be liable for any events of force majeure that make the contractual performance impossible, even if such events merely impair the due performance of the contract to a significant extent or hinder it temporarily. Force majeure comprises all circumstances that are independent from the will and influence of the contracting parties, such as terror attacks, embargo, confiscation, natural disasters, strike, official orders or other serious and unforeseeable circumstances for which the contracting parties are not responsible. In this context, a circumstance will be regarded as force majeure only if it occurs after the conclusion of the contract.
(4) Insofar as our liability is excluded or limited, this shall also apply to the liability of our employees, other staff members, representatives and agents.
(5) Within the scope of applicability of the German Telecommunications Act (TKG), the liability provision of Section 44a TKG remains unaffected in any case.

9 Applicable Law; Contract Language

(1) This Contract shall be governed by German law, under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer protection regulations under the law of the state in which a consumer has his habitual abode remain unaffected. A consumer is any natural person that concludes a legal transaction for purposes largely not related to its commercial or self-employed activity.
(2) The Contract Language is German. The English version of this Terms of Use is for information only. In the event of contradictions between the German text and the English version, the German text shall have priority.

10 Amendments of these Terms of Use

We reserve the right to amend these Terms of Use by observing the following procedure if there is good cause, in particular based on new technological developments, changes in law or jurisdiction or other equivalent reasons. If the contractual balance between the parties is significantly disturbed, the amendment shall be waived. You will be sent the amended Terms of Use by e-mail to your e-mail address provided upon registration, indicating the respective amendments. If you do not object within two weeks of the
receipt of the said e-mail, your approval of the respective amendments will be deemed granted. In the e-mail containing the amendments, we will specifically draw your attention to the importance of this period. If you object to the amendments within this period, we may exclude you from the use of Comps and delete your user profile as soon as the amendments become effective.

11 Severability

Should individual provisions of these Terms of Use be fully or partially invalid or unenforceable or become invalid or unenforceable after the conclusion of the contract, this shall not affect the validity of the remaining part of the contract.