Last Updated: April 8th, 2022
Introduction
Welcome to 149 Live Calendar! Please read these Terms of Use carefully before using the services offered by 149 Technologies GmbH ("149 Technologies"), a company incorporated in Düsseldorf, Germany.
These Terms of Use set forth the legally binding terms and conditions for your use of the Website at www.149tech.com and the 149 Live Calendar apps available in the Google Play Store or Apple App Store (collectively the "Service").
When using our service, data might be collected, transmitted and stored by 149 Technologies. Please read our Privacy Policy for more information.
Acceptance of Terms
By registering for a 149 Live Calendar account and / or by using the Service in any manner you acknowledge that you have read these Terms of Use and that you agree to all of the terms and conditions contained herein, which also incorporate 149 Technologies' Privacy Policy.
You further represent and warrant that you have the legal capacity and right to enter into this agreement. If you are using the Service on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized to accept these terms on its behalf and to bind such business, organization, or entity to these Terms of Use.
Please note that these Terms of Use and each document referenced may be updated by 149 Technologies from time to time, without notice to you and at 149 Technologies' sole discretion. When changes are made, 149 Technologies will make a new copy of the Terms of Use available at our Website. It is your responsibility to check the Terms of Use periodically for changes. Your continued access or use of the service shall be deemed your acceptance of these changes and the reasonableness of these standards for notice of changes.
You understand and acknowledge that the Service is hosted solely in the European Union (EU) and that data will be transmitted from your computer or mobile device to 149 Technologies' servers in the EU. By using the Service, you understand and consent to the processing of personal data in the EU.
Basic Rules and your 149 Live Calendar account
1. You can use the Service with or without a 149 Live Calendar account. In case you open an account, you must complete the registration process by providing 149 Technologies with current, complete and accurate information as prompted by the applicable registration form. You are entirely responsible for any and all activities that occur under your account.
2. 149 Technologies reserves the right to refuse registration of, or cancel a user name, in its sole discretion. You shall not use a user name that is the name of another person with the intent to impersonate that person; or use a user name that is offensive, vulgar, obscene or unlawful.
3. You are entirely responsible for maintaining the confidentiality of your password and account. You agree to notify 149 Technologies immediately via email to support@149tech.com of any unauthorized use of your account or any other breach of security. 149 Technologies is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by 149 Technologies or another party due to someone else using your account or password.
4. You may not use anyone else's account at any time without the permission of the account holder, or create any account for anyone other than yourself without such person's permission.
5. You agree to use the Service in a responsible manner that is in full compliance with these Terms of Use. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your User Generated Content (defined below), including but not limited to, copyright laws.
6. You must not use the Service in any way that could (i) damage, disable, overburden, or impair the Service or another party; or (ii) interfere with any other party's use and enjoyment of the Service.
7. You must not attempt to use the Service by an automated device, auto-responder, crawler, or otherwise harvest or scrape any content from the Service.
8. You must not attempt to gain unauthorized access to the Service or other accounts through automated devices, hacking, password mining or any other means or obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service.
Sharing of content with 149 Live Calendar
When using our Service, you can share calendars and events with other users, or add photos or attachments to an event. For all those calendars, events, birthdays and ToDos (collectively the "Content") the following rules apply:
1. You are solely liable for all calendars, events, birthdays, ToDos, as well as for any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, links and other content or materials that you create, share or display on or via the Service. You understand and agree that 149 Technologies cannot and will not be responsible for Content shared via the Service.
2. 149 Technologies does not claim any ownership rights in any of your Content but by using the Service, you grant 149 Technologies an irrevocable, royalty-free, worldwide license to use, copy, and publicly display such Content for the purpose of providing to you the Service.
3. You hereby represent and warrant that you have all necessary rights in and to all Content you provide to the Service. You further represent and warrant that (i) the use of your content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and / or other intellectual property rights; (ii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you share on or through the Service;
4. You may not share violent, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive Content via the Service.
5. 149 Technologies reserves the right to monitor the use of the Service by individual users if it believes, in its sole discretion, that there may be misuse of the Service as defined by these Terms of Use. If 149 Technologies believes, in its sole discretion, that you may be engaging in or that you are in any way connected with any unlawful or improper activity, 149 Technologies may: (i) disclose user content to law enforcement or others, as appropriate; and / or (ii) terminate your access to the Service at any time for any reason.
149 Technologies Content
The Service contains content owned or licensed by 149 Technologies or its partners. Such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any content accessed through the Service. 149 Technologies Content may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the material via a third party Web site or other networked computer environment) without the express prior written consent of 149 Technologies.
3rd Party Websites and Content
The Service may permit you to link to other Websites, services or resources on the Internet, for example by including hyperlinks in notes which are part of an event. When you access third party websites, you do so at your own risk. These other websites are not under 149 Technologies' control, and you acknowledge that 149 Technologies is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites. The inclusion of any such link does not imply endorsement by 149 Technologies or any association with its operators. You further acknowledge and agree that 149 Technologies 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 the use of or reliance on any such content, goods or services available on or through any such website or resource.
Service Limitations
1. 149 Technologies uses reasonable efforts to make the Service available as much as possible. However, 149 Technologies does not guarantee availability of the Service, shall not have any liability to you for any unavailability of the Service, and is under no obligation to provide you with maintenance, technical support or updates for the Service. We do not warrant that defects will be corrected or that the Service or content provided through the service is free of harmful components or viruses.
2. We reserve the right to suspend access to your account if your use of the Service disrupts, impedes or otherwise negatively impacts the operation of our Service or use of our Service by other users.
3. 149 Technologies also reserves its right to remove any content, in its sole discretion, if: (i) 149 Technologies is advised of a court order, subpoena or notice under the Digital Millennium Copyright Act ("DMCA") requiring removal of the storage data or any similar rule or regulation of any other jurisdiction; (ii) it decides, in its sole discretion, that the content may breach any of your obligations, representations, or warranties under the Terms of Use; or (iii) 149 Technologies determines that continued availability of the content may lead to 149 Technologies becoming party to a claim, lawsuit, damages or any liability of any kind.
4. 149 Technologies shall have no responsibility for and does not guarantee integrity, completeness or availability of content residing on 149 Technologies' equipment. You acknowledge that you assume all risk relating to your content, including but not limited to risk of loss of content. You will take the necessary measures to regularly back up content you entered, uploaded and stored on the Service and appropriate to the level of risk prepare your own backup copies in order to allow reconstruction in case of loss of data.
Limitation of Liability
149 Technologies, its directors, employees, partners, service providers and / or suppliers liability for use of the Service is limited to intention and gross negligence or the absence of a guaranteed characteristic. We will be liable in cases of intention; in cases of gross negligence and the absence of a guaranteed characteristic, our liability will be restricted to the typical and foreseeable damage. Any further liability is excluded to the maximum extent permitted by German law.
Indemnification
You agree to indemnify, defend and hold harmless 149 Technologies, its directors, employees, partners, services providers and / or suppliers from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from any violation of these Terms of Use by you, or resulting from your use or misuse of, or access to the Service.
149 Technologies reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with 149 Technologies in asserting any available defenses.
Termination
1. 149 Technologies may terminate, without notice, your use of the Service, in its sole discretion, in the event it believes: (i) there is a breach of these Terms of Use by you; (ii) you submit false or misleading information to 149 Technologies; (iii) you misused the functions of the Service; or (iii) you violated any laws or regulations in your use of the Service. 149 Technologies expressly reserves any and all additional rights and remedies it may have against you including, but not limited to, claims for breach of contract.
2. In case you have opened a 149 Live Calendar account, you can delete this account at any time. In order to do so, please use the respective feature of our app (iOS devices) or contact us via email to support@149tech.com. When your account is deleted, this includes all account data and calendar data. All connections to other calendar accounts are also deleted as well as all other data we might have stored.
3. Any removed content may still persist in backup copies for a reasonable period of time. In case you have shared calendars with other users and have not excluded them from your calendars before deleting your account, calendar data shared with other users will remain available to them.
Miscellaneous
1. These Terms of Use and any disputes arising out or in connection with it shall be governed by, and construed in accordance with, the law of the Federal Republic of Germany.
2. If you have no place of jurisdiction in Germany or in any other EU member state, if you have transferred your permanent domicile abroad after these Terms of Use become effective or if your domicile or normal place of residence is unknown at the time legal action is brought, the sole place of jurisdiction for all disputes arising from this agreement will be the location of our registered offices.
3. If individual provisions of these Terms and Conditions of Use are or become invalid and / or contrary to the provisions of the law, this will not affect the remaining Terms of Use. The invalid provision will be replaced by the parties to the agreement by mutual agreement with a provision which comes as close as possible in law to the commercial purpose of the invalid provision. The abovementioned provision will apply correspondingly in the case of omissions in these provisions.
Contact
You may contact 149 Technologies at the following address:
149 Technologies GmbH, Nievenheimer Str. 47, 40221 Duesseldorf, Germany; e-mail: support@149tech.com