Terms of Services

By registering to the services of the mySpots app (hereinafter “mySpots“), you (hereinafter “You“ or “User“) agree to be bound by the following terms of service. ONexpo GmbH, Glockengießerwall 26, D – 20095 Hamburg, www.ONexpo.de, (hereinafter „ONexpo“), is the provider of the mySpots app and your contracting party. Our service is subject to our private policy. Please, do not register if you do not agree to the following terms of service and/or our privacy policy.

1. Scope of Application
The mySpots app offers information about places such as restaurants, bars, and hotels, and respective social media services. ONexpo reserves the right to change, update, alter or terminate the provided services. In order to use mySpots App you need to register.

2. Registration
There are different ways to register for mySpots app. You could either connect with your facebook profile to the mySpots app or create a mySpots account without any connection to other social media services.
(1) While registering through another social media service your personal data will not be transmitted to ONexpo. You will be connected to the mySpots app with your email address chosen to sign up at the other parties service platform. Please, be aware that the terms of service and privacy policy of the other social media service do apply by using mySpots app connected to the third party service.
(2) As part of creating your mySpots account without initially connecting to third party social media services you will select a password (“Password”) and Email Address (“Email Address”).
(3) User may choose to give further personal data. User shall in any case provide us with accurate, complete, and updated account information.
(4) User shall notify us of any known or suspected unauthorized use(s) of User’s account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Users password. User shall be responsible for maintaining the confidentiality of Users password.

3. Fees
We currently provide our mobile services for free, but please be aware that your carrier’s normal rates and fees will still apply.

4. Links, Share, Hype and similar
mySpots App includes links to other mobile or social media services and/or websites on the World Wide Web and has no control over, and makes no representations of any kind whatsoever, regarding the content or appropriateness of content on such websites and User hereby irrevocably waives any claim against us with respect to such web sites.

5. Participating Rules and user generated content
(1) User may not submit or publish through mySpots any materials that are defamatory, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement on any intellectual property or personal rights of a third party or would otherwise violate the rights of any third party.
(2) User may not submit or publish materials through mySpots that solicit funds or services, contain advertising or include programs that contain viruses or any other programs designed to impair the functionality of any computer or mobile device.
(3) User may be exposed to content that is inaccurate, offensive, indecent, or objectionable. The uploaded content is the sole responsibility of the person who uploaded it. We do not make any representations or warranties about the accuracy, integrity, quality or any other aspect and disclaim all liability for any loss or damage incurred as a result of such third party content. By using the service, you agree to bear all risks associated with the use of any third party content on the service and any reliance on the accuracy, completeness, or usefulness of the content.
(4) We do not pre-screen, edit or review the user generated content made publicly available to areas of the service. Therefore we have the right to remove, move, change or otherwise restrict any uploaded content at any time without notice to User.

6. License and publicity
(1) With regard to content you upload in any publicly accessible areas of the service, you hereby grant ONexpo the worldwide, royalty-free, perpetual, irrevocable, and non-exclusive license to use, reproduce, modify, translate, display, create derivative works from, and publish such content on or in connection with the service.
(2) You acknowledge that we in our sole discretion may choose not to display any content you upload in publicly accessible areas.

7. Intellectual property rights
The service uses and contains proprietary information that is protected by applicable intellectual property and other laws. User acknowledges and agrees that the content contained in sponsor advertisements or copyrights, trademarks, service marks, patents or other proprietary rights and laws protect information presented to you through the service. Except as expressly authorized in these terms of service, User agrees not to modify, sell, distribute or create derivative works based on the service in whole or in part for any purpose whatsoever. User also agrees not to access the service by any means other than through the interface that is provided by ONexpo for the use in accessing the service.

8. Liability
(1) We shall only be liable for such loss or damage caused directly by breach of a material term of this agreement. Under these circumstances the liability of ONexpo is limited to any loss or damage, which User may suffer as a direct result of using the services of ONexpo. In no event ONexpo shall be liable for any direct or indirect loss of profit, goodwill, business or anticipated savings or for any indirect or consequential loss.
(2) ONexpo shall not be liable for any limitations, obstacles or any interferences, disruptions or delays of its provided services that lay beyond the control of ONexpo. Especially we do not guarantee uninterrupted service. ONexpo has no influence on that and assumes no responsibility for the availability and reliability of third party telecommunication networks or for transmission errors or for any alterations to data, which is to be transmitted in third party telecommunication networks or systems.

9. Indemnification
User agrees to indemnify and hold ONexpo and its employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content User submits, posts to or transmits through the application, Users violation of the terms of service, or Users violation of any rights of another person or entity by using the application.

10. Termination, no data back-up
(1) User may terminate his or her registration at any time by disconnecting his or her other social media service or by signing out.
(2) Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at ONexpo’s sole discretion, and you may be reported to appropriate law-enforcement agencies.
(3) Further, you agree that ONexpo shall not be liable to you or any third party for any termination of your access to the service or any loss or deletion of your uploaded content. It is your sole responsibility to back-up the data and materials.

11. Changes and amendments of the terms of service
ONexpo reserves the right to update or amend these terms of service with four weeks prior notice to the User. If you choose to continue to use the services after the effective date of the changes to these terms of service, you will be deemed to accept those changes. We kindly ask you to review the most current version of these terms of service from time to time, which can be found on www.mySpots.zone under the index tab Terms of Services.

12. Disputes
Our services, terms and conditions shall be governed in all respects by the laws of Germany, as far as the German applicable laws do not infringe any consumer rights protective laws of the state of his or her habitual residence. The courts of Germany will have exclusive jurisdiction and be the exclusive venue for any legal actions relating to any disputes provided under these terms of service.

Hamburg, November 2014
ONexpo GmbH, D – 20095 Hamburg
www.ONexpo.de