Terms and Conditions

for using Kulemba’s Apps, Kulemba User Accounts, Kulemba’s Websites, and the Kulemba Hub

1. Preamble

Welcome to Kulemba! By using Kulemba’s apps, websites and/or using the communication platform “Kulemba Hub“, specific app services, features and content are provided solely to assist customers in gathering location based and travel information, posting opinions about location based and travel related issues, engaging in a location based and travel forum and for no other purposes.

Please read these terms and conditions carefully before using the services, features, content or applications offered by Kulemba. The terms “we”, “us”, “our” and “Kulemba” refer to Kulemba GmbH and corporate affiliates. The terms “user” and “you“ refer to the user using the apps or website and/or contributing content on the apps or website.

Kulemba, in particular our apps, websites and the communication platform Kulemba Hub, are offered to you conditioned upon your acceptance without modification of any/all the terms and conditions contained herein, which also incorporate Kulemba’s Privacy Policy and Apple’s Privacy Policy and Terms of Use. By accessing Kulemba’s apps in any manner, you agree to be bound by these terms and conditions.

If you do not accept all of these terms and conditions, you are not authorized to use Kulemba’s apps or websites. Be sure to return to this page periodically to review the most current version of Kulemba’s terms and conditions. We reserve the right at any time, at our sole discretion, to update or otherwise modify the terms and conditions without notice to the customer in accordance with the terms set out under the ”Modification“ section below. Your continued access or use of the apps, website and the Kulemba User Account signifies your acceptance of the updated or modified terms and conditions.

2. Use of the Kulemba User Account

As a condition of your use of Kulemba’s apps and the Kulemba User Account, you warrant that

· all information supplied by you is true, accurate, current and complete (including, but not limited to your name (“User Name“), e-mail address, a password and your Facebook Account you will use to access the services of Kulemba), and

· you keep your registration information accurate and up-to-date, furthermore

· you will safeguard your Kulemba User Account information and will supervise and be completely responsible for any use of your account by anyone other than you, furthermore

· you possess the legal authority in order to register for an Kulemba User Account and contribute to our apps and website, and

· you possess the legal authority to enter into these terms and conditions and to use the Kulemba User Account and its features for our apps in accordance with all terms and conditions herein.

Kulemba reserves the right at its sole discretion to deny access to anyone to the services Kulemba offers, at any time and for any reason, including, but not limited to, for violation of these terms and conditions.

Copying, transmission, reproduction, republication, posting or redistribution of the Kulemba Hub content or any portion thereof is strictly prohibited without the prior written permission of Kulemba. To request permission, you may contact us as follows:

Kulemba GmbH, Schikanedergasse 2, Top 7, 1040 Vienna, Austria, support@Kulemba.com

3. Kulemba’s Content and Prohibited Activities

The content and information contained in the Kulemba Hub, apps, and website and its services and features (including, but not limited to messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to Kulemba.

Furthermore the Kulemba Hub, apps, and website contain content specifically provided by third parties (for example from OpenStreetMap, Wikipedia, booking.com, Foursquare, …). Such content is also protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You agree to abide by and maintain all copyright notices, information and restrictions contained in any content accessed through the Kulemba Hub, apps, and website and its features and services.

You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Kulemba Hub, apps, and website.

Additionally, you agree not to

· use the Kulemba Hub, apps, and website or their contents for any commercial purpose;

· access, monitor or copy any content or information of the Kulemba Hub, apps, and website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;

· violate the restrictions in any robot exclusion headers or bypass or circumvent other measures employed to prevent or limit access to the Kulemba Hub, apps, and website;

· take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;

· deep-link to any portion of the Kulemba Hub, apps, and website for any purpose without our express written permission; or

· "frame", "mirror" or otherwise incorporate any part of the Kulemba Hub, apps, and website into any other application or website without our prior written authorization;

· attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer the Kulemba Hub, apps, and website.

4. User’s Content

All content is the sole responsibility of the person who originated such content. Kulemba cannot guarantee the authenticity of any content or data that users may provide. The term „content“ includes, without limitation, any location information, messages, comments, videos, audio clips, music, data, text, photographs, software, scripts, graphics and interactive features generated, provided or otherwise made accessible by Kulemba on or through its apps or website. Content added, created, uploaded, submitted, distributed or posted by users is collectively referred to as “User Submissions“ (see section below).

Kulemba apps and the website contain the communication platform Kulemba Hub, an interactive forum, in which you or third parties may post reviews of points of interest and travel experiences, messages, materials or other items and sync user bookmarks and pins. You are solely responsible for your use of the platform and use it at your own risk. Kulemba does not verify or control the user content posted to or distributed via Kulemba apps and website and its services through the communication platform Kulemba Hub. Kulemba will not be in any way responsible or liable for such user content. Kulemba takes no responsibility for any loss or damage thereto, nor is Kulemba liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.

Kulemba nevertheless reserves the right at its sole discretion to remove, screen or edit without notice any user content posted or stored on the platform at any time and for any reason.

By using the Kulemba Hub, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through Kulemba apps and the website any of the following:

· Any message, data, information, text, music, sound, photos, graphics, code or any other material, that is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing or advocates harassment of another person, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

· Content that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

· Content that would constitute, encourage, promote or provide instructions for a conduct of an illegal activity, criminal offense, give rise to civil liability, violate the rights of any party in any country in the world, or that would otherwise create liability or violate any local, state, national or international law;

· Content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

· Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. In particular, content that promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

· Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Kulemba;

· Unsolicited promotions, mass mailings or “spamming”, transmission of "junk mail", "chain letters," political campaigning, advertising, contests, raffles, or solicitations;

· Content containing commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;

· Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.

· Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);

· Viruses, corrupted data or other harmful, disruptive or destructive files;

· Content that requires or may require an unreasonable or disproportionately large load on Kulemba’s infrastructure;

· Content that is unrelated to the topic of the Kulemba Hub in which such content is posted; or

· Content or links to content that, in the sole judgment of Kulemba, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the communication platform, or (d) which may expose Kulemba or its affiliates or its users to any harm or liability of any type.

If you consider that you retain moral rights (including rights of attribution or integrity) in your content, you hereby declare that (a) you do not require that any personally identifying information shall be used in connection with the content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the content by Kulemba or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the content; and (d) you forever release Kulemba, and its licensees, successors and assigns from any claims that you could otherwise assert against Kulemba by virtue of any such moral rights.

5. User Submissions and use of the Kulemba Hub

We have the right to use any User Submission in different ways in connection with Kulemba’s services and app features as Kulemba may at its sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements or other works, creating derivative works from it, promoting it, distributing it and allowing other users to do the same in connection with their own media platforms and applications.

By submitting content via the Kulemba Hub, for example any hotel or restaurant review, questions, comments, suggestions, ideas or the like contained in any submission, you hereby grant Kulemba and its affiliates a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to

· use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such submissions throughout the world in any media, now known or hereafter devised (including, without limitation, third party media platforms, websites and feeds); and

· use the name that you submit in connection with such submission. You acknowledge that we may choose to provide attribution of your comments or reviews at our discretion;

You further grant Kulemba the right to pursue at law any person or entity that violates your or Kulemba’s rights in the submissions by a breach of these terms and conditions. You acknowledge and agree that submissions are non-confidential and non-proprietary.

6. Privacy Policy

We believe in protecting your privacy. Any personal information you post on our communication platform will be used in accordance with our Privacy Policy (see Privacy Policy of Kulemba).

7. Warranty Disclaimers

Save to the extent required by law, Kulemba has no special relationship with or fiduciary duty to you. You acknowledge that we have no control over and no duty to take any action regarding which users gain access to Kulemba’s apps, what content you access via the app features, what effects the content may have on you, how you may interpret or use the content, or what actions you may take as a result of having been exposed to the content.

You release Kulemba from all liability for you having acquired or not acquired content through the Kulemba Hub. The communication platform may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Kulemba will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through its services and features.

You release Kulemba from all liability relating to your connections and relationships with other users. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications.

Kulemba does not warrant that a) the features and services of the Kulemba Hub, apps, and website will be secure or available at any time or location, b) any defects or errors will be corrected, c) any content or software available at or through Kulemba Apps is free of viruses or other harmful components or d) the result of the Kulemba Hub, apps, and website will meet your requirements. Your use of the Kulemba Hub, apps, and website is solely at your own risk.

Kulemba reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Kulemba in asserting any available defenses.

8. Indemnification

You agree to defend and indemnify Kulemba, its affiliates and any of their officers, directors, employees, contractors, suppliers, representatives and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, that arise from or relate to your use or misuse of, or access to the Kulemba Hub or otherwise from your User Submissions, violation of these terms and conditions, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.

9. Links to third party sites

The communication platform of Kulemba (Kulemba Hub) may contain hyperlinks to websites operated by third parties. If you access third party websites you do so at your own risk. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download is free of such items as viruses, worms, Trojan Horses, defects and other items of a harmful nature. The inclusion of hyperlinks to such websites does not imply any endorsement by Kulemba or any association with their operators. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss 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.

10. Modifications

Kulemba may change, add or delete these terms and conditions or any portion thereof from time to time at its sole discretion where it deems it necessary for legal, general regulatory and technical purposes, or due to changes in the services provided or nature or layout of Kulemba apps and the website and its features. Thereafter, you expressly agree to be bound by any such amended terms and conditions.

Kulemba may furthermore change, suspend or discontinue any aspect of the Kulemba apps at any time, including availability of any feature, database or content. We may also restrict your access to the Kulemba Hub without notice or liability for technical or security reasons to prevent against unauthorized access, loss of, or destruction of data or where we consider at our sole discretion that you are in breach of any provision of these terms and conditions or of any law or regulation.

Your continued access or use of the apps and the Kulemba User Account signifies your acceptance of the updated or modified terms and conditions.

11. Governing Law and Arbitration

It is hereby agreed that any dispute or controversy arising out of any violation of these terms and conditions will be governed, controlled, interpreted, and defined by and under the laws of Austria, in accordance with international law, without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction.

12. General

If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in these terms and conditions shall continue in effect.

Any rights not expressly granted herein are reserved.