Home TOURALITY® BETA SOFTWARE END-USER LICENSE

TOURALITY® BETA SOFTWARE END-USER LICENSE

IMPORTANT – READ CAREFULY THE FOLLOWING TERMS AND CONDITIONS (THESE “TERMS”) BEFORE INSTALLING OR DOWNLOAD THE TOURALITY© BETA SOFTWARE FROM THE TOURALITY.COM WEBSITE (THE “SITE”). THESE TERMS ARE AVAILABLE AT WWW.TOURALITY.COM/LICENSE. YOU ALSO AGREE TO BE BOUND BY CREATIVE WORKLINE’S TERMS OF USE AVAILABLE AT WWW.TOURALITY.COM/TERMS-OF-USE AND CREATIVE WORKLINE’S PRIVACY POLICY AVAILABLE AT TOURALITY.COM/PRIVACY.

BY SELECTING THE “OK” BUTTON BELOW, OR BY INSTALLING OR USING THE SOFTWARE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU SELECT “Cancel,” THE INSTALLATION PROCESS WILL NOT PROCEED. DO NOT SELECT “I Agree,” OR INSTALL OR USE THE SOFTWARE UNTIL YOU HAVE CAREFULLY READ, UNDERSTOOD, AND AGREED TO THESE TERMS. IF YOU DO NOT WISH TO AGREE TO THESE TERMS DO NOT INSTALL THE SOFTWARE. FURTHERMORE, YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE MANDATORY LAW.

THESE TERMS CONSTITUTE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU, OR THE COMPANY ON WHOSE BEHALF YOU ARE INSTALLING THE SOFTWARE, (“YOU” AND “YOUR”) AND CREATIVE WORKLINE GMBH (“CREATIVE WORKLINE”), WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION RELATING TO THE SUBJECT MATTER OF THESE TERMS. THESE TERMS APPLY TO THE SOFTWARE, CREATIVE WORKLINE’S SERVICES, AND ANY MOBILE APPLICATIONS, SYSTEMS, SERVERS, DEVICES OR OTHER ITEMS RELATED TO CREATIVE WORKLINE’S SERVICES (COLLECTIVELY, THE “SOFTWARE”).

Important notice

The Software, as with most Internet applications, is vulnerable to various security issues and hence should be considered unsecured. By using the Software and the Internet in general, you may be subject to various risks, including among others:

  • Exposure to objectionable material and/or parties, including without limitation, contaminated files.
  • Unauthorized invasion of your privacy during, or as a result of, your use or another’s use of the system.
  • Spoofing, eavesdropping, sniffing, spamming, breaking passwords, harassment, fraud, forgery, “imposturing”, electronic trespassing, tampering, hacking, nuking, system contamination including without limitation use of viruses, worms and Trojan horses causing unauthorized, damaging or harmful access and/or retrieval of information and data on your computer and other forms of activity that may even be considered unlawful.
  • Unauthorized exposure of information and material you listed or sent, on or through the Tourality system to other users, the general public or any other specific entities for which the information and material was not intended by you.

If you do not wish to be subjected to these risks, you are advised not to use the Software. Furthermore, please do not use the Software for “Mission Critical” or “Content Sensitive” applications and purposes. For the purpose of this section “Mission Critical” applications and purposes shall mean applications and use that may result in damage; “Content Sensitive” shall mean any information or data you do not wish to be freely accessible and generally available to Internet users.

Please note that in each and every Internet application, the IP address of the sender is an integral part of the TCP/IP standard protocol of the Internet, and can be extracted by any party to the communication session using certain software and/or hardware. United States Tourality users understand and consent to the processing of personal information in the European Union.

IF YOU RESIDE IN A JURISDICTION WHICH RESTRICTS THE USE OF INTERNET-BASED APPLICATIONS ACCORDING TO AGE, OR WHICH RESTRICTS THE ABILITY TO ENTER INTO AGREEMENTS SUCH AS THESE TERMS ACCORDING TO AGE AND YOU ARE IN SUCH A JURISDICTION AND UNDER SUCH AGE LIMIT, YOU MAY NOT ENTER INTO THESE TERMS AND DOWNLOAD, INSTALL OR USE THE SOFTWARE. FURTHERMORE, IF YOU RESIDE IN A JURISDICTION WHERE IT IS FORBIDDEN BY LAW TO OFFER OR USE SOFTWARE SOFTWARE THAT USES GPS, GEOGRAPHICAL DATA AND EXCHANGES SUCH INFORMATION WITH A SERVER AND OTHER PARTICIPANTS, YOU MAY NOT ENTER INTO THESE TERMS AND YOU MAY NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE. BY ENTERING INTO THESE TERMS YOU EXPLICITLY STATE THAT YOU HAVE VERIFIED IN YOUR OWN JURISDICTION AND ACCORDING TO YOUR CONTRACTUAL ARRANGEMENTS WITH YOUR PHONE AND OTHER SERVICE PROVIDERS THAT YOUR USE OF THE SOFTWARE IS ALLOWED.

GEOGRAPHIC POSITIONING

As an integral part of its functionality the Tourality software continuously collects your geographic position data, transfers it between your cell phone, the Tourality servers and other users. Also this data is visible to other users in conjunction with your username and profile and stored on Tourality servers to provide you with post-game features. By downloading, installing and using the software you explicitly state that you have understood and agreed to this. creative workline will never use this geographical data other than for the Tourality software and will never expose such data to third parties.
Furthermore you agree to adhere to rules and regulations of your country also during the use of the software (i.e. traffic rules, real estate). creative workline assumes no liability whatsoever for any accidents or damages arising during the use of the software.

GRANT OF LICENSE

Subject to these Terms, creative workline hereby grants You a limited, personal, non-commercial, non-exclusive, non-sub-licensable, non-assignable license to download, install and use the Software on Your computer, cell phone, smartphone or PDA for the sole purpose of personally using the Software for services provided by creative workline (the “Service”).

creative workline is entitled, without any liability, to refuse, restrict, limit, suspend and/or interfere or interrupt the Service or any part thereof, without any notice to You for the repair, improvement, and/or upgrade of the Service or for any of the reasons for termination as mentioned below.

creative workline may change the technical features of the Service in order to keep pace with the latest demands and technological developments, at its own discretion and without any notice to You.

LICENSE EXCLUSIONS

You may not make any use of the Software in whole or in part that is not expressly permitted by these Terms. You shall not (i) sell, assign, rent, lease, distribute, market, disclose, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to, the Software or any part thereof, or (ii) undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Software or any part thereof. Any information derived from these activities constitutes creative workline’s confidential information. You acknowledge and agree to use the Service solely for lawful purposes. In this respect You may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for You, (b) send any unsolicited commercial communication not permitted by applicable law, (c) use Your account or Service in any fraudulent way, or (d) expose any other user to material which is offensive, harmful to minors, indecent or otherwise objectionable.

PROPRIETARY RIGHTS

creative workline (or its third party providers) retains all title, right, copyright (and any other applicable intellectual property right) and interest in and to the Software, including all documentation, translations, enhancements, improvements or other modifications made to or derived from the Software.

UPDATES

These Terms apply to downloading, installing and using the Software. creative workline may from time to time revise or update its Software. Such updates and revisions will be supplied according to creative workline’s then prevailing policies.

PRIVACY; PASSWORD AND USERID; INDEMNIFICATION

creative workline is committed to respecting Your privacy and the confidentiality of Your personal data. For more information on creative workline’s privacy policy, see tourality.com/privacy. In order to operate the Service, you receive a User ID and password. You agree to notify creative workline in writing of any unauthorized and/or fraudulent use of Your User ID or password. You agree to indemnify, defend and hold harmless creative workline, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with the Service, from any and all claims, losses, damages and expenses (including attorneys fees) by, or on behalf of, you or any third party user of the Service, relating to the Service, including use of Your User ID or password. creative workline will not be liable for any unauthorized or fraudulent use of Your User ID or password.

LIMITATION OF LIABILITY AND WARRANTY

TO THE FULLEST EXTENT PROVIDED BY LAW, THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. CREATIVE WORKLINE AND ITS THIRD PARTY LICENSORS, IF ANY, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE. IN NO EVENT SHALL CREATIVE WORKLINE OR ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INDIRECT, DIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF CREATIVE WORKLINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The Software is being provided to You free of charge. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT CREATIVE WORKLINE, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SOFTWARE.

YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SOFTWARE IS TO DEINSTALL AND CEASE USE OF SUCH SOFTWARE.

EXPORT RESTRICTIONS

You acknowledge that the Software may be subject to international rules that govern the export of software. You agree to comply with all applicable international and national laws that apply to the Software as well as end-user, end-use and destination restrictions issued by national governments.

TERMINATION

These Terms are effective until terminated. You may terminate these Terms at any time by removing the Software from Your system and destroying all copies of the Software. Unauthorized copying of the Software or otherwise failing to comply with these Terms will result in automatic immediate termination of these Terms and will make available to creative workline legal remedies. Upon termination of these Terms, the license granted herein will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, cell phones, networks and other storage media and destroy all copies of the Software in Your possession or under Your control.

The provisions in the paragraphs above labeled PROPRIETARY RIGHTS and LIMITATION OF LIABILITY AND WARRANTY will survive any termination of these Terms.

YOUR SUBMISSIONS

You agree that any content provided by You in connection with the Software and the Site are provided on a non-proprietary, non-exclusive and non-confidential basis. creative workline shall be free to use or disseminate such content on an unrestricted basis for any purpose. You acknowledge that You are responsible for such content, including its legality, and You waive any “moral rights” in such content. You may not submit or publish through the Services any content that is libelous, defamatory, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement on any intellectual property rights of a third party or would otherwise violate the rights of any third party. You agree to indemnify and hold creative workline, its affiliates and their respective directors, officers, employees and agents harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content You submit, post to or transmit through the Website, your use of the Website, or Your violation of any rights of another person or entity.

MISCELLANEOUS

creative workline reserves the right to modify these Terms at any time by providing such revised terms to You or by publishing the revised terms on the Website. The revised Terms shall become effective within seven (7) days of such publishing or provision to You, unless You expressly accept the revised Terms earlier by clicking on the accept button. The express acceptance by You, or Your continued use of the Software after expiry of the notice period of seven (7) days, shall constitute Your acceptance to be bound by the terms and conditions of the revised Terms. You can find the latest version of these Terms at the Site. The waiver of a breach of any term hereof shall in no way be construed as a waiver of any other term or breach hereof. If any provision of these Terms shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of these Terms shall remain in full force and effect. The laws of the State of Austria, excluding its choice of law provisions, govern these Terms. All disputes arising out of these Terms shall be subject to the sole and exclusive jurisdiction of courts in Vienna, except that parties may bring actions for injunctive relief only in any court of competent jurisdiction.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE AGREE BUTTON AND/OR CONTINUING TO INSTALL OR USE THE SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY THESE TERMS.

Last revised: December 10th, 2010.