Terms of Service

The following terms and conditions govern all use of the PhaceMix web application and the PhaceMix facebook app. These applications are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, and policies (including, without limitation, the Privacy Policy).

Please read this Agreement carefully before using the applications. By accessing or using any part of the applications, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not use these applications.


Uploading data from the PhaceMix web application to facebook

You alone are fully responsible for any data, may it be images or text, that you upload to external services through the interfaces of thePhaceMix web application. You are responsible for your account and login data for external services and are also responsible for all activities that occur under this accounts. The publisher and the developer of the PhaceMix web application as well as the publishers and developers of interfaces to external services will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.


Responsibility of Contributors

If you publish content made with the PhaceMix web application, you are entirely responsible for the content of, and any harm resulting from, that content. That is the case regardless of whether the content in question constitutes text, graphics or any other form of data. By making content available, you represent and warrant that:
Disclaimer of Warranties

The PhaceMix web application and the corresponding web service interfaces (i.e. "apps") are provided “as is”. The publishers and developers of these applications do not make any warranty that the applications will be error free or that access thereto will be continuous or uninterrupted. You understand that you use these applications at your own discretion and risk.


Limitation of Liability

In no event will the developers and publishers of these applications be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data. The foregoing shall not apply to the extent prohibited by applicable law.


General Representation and Warranty

You represent and warrant that (i) your use of the applications will be in strict accordance with the privacy policy available here, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the applications will not infringe or misappropriate the intellectual property rights of any third party.


Indemnification

You agree to indemnify and hold harmless the developers and publishers of the applications from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the applications, including but not limited to your violation of this Agreement.


Miscellaneous

This Agreement constitutes the entire agreement between the developer and publisher of the PhaceMix web application, the PhaceMix facebook app and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by these publishers and developers, or by the posting by these publishers and developers of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the applications will be governed by the laws of the Federal Republic of Germany, excluding its conflict of law provisions permitted assigns.


Marc-André Weibezahn, Immengarten 53, D-31134 Hildesheim contact@weibezahn.com


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