Terms of Service

The following are terms of a legal agreement between you and pocketservices GmbH ("PS"), which is the legal entity behind qwabbl. By accessing, browsing and/or using this site, you acknowledge that you have read, understood and agree to abide by and comply with all terms, conditions and notices contained in or referenced by these Terms and Conditions of Use. PS reserves the right, in its discretion, to update or revise these Terms and Conditions of Use and to post such updated or revised Terms and Conditions of Use on this site. If you do not agree to these Terms and Conditions of Use, please do not use this site. Please check the Terms and Conditions of Use periodically for changes. Your continued use of this site following the posting of any changes to the Terms and Conditions of Use constitutes acceptance of those changes.

1. Third Party Information and Links

This site may contain links to third party Web sites ("Linked Sites"), and may incorporate information obtained from third parties ("Third Party Information"). The Linked Sites and Third Party Information are not under the control of PS, and PS is not responsible for the contents of any Linked Site or Third Party Information, including without limitation the accuracy, copyright compliance, legality, decency, links or any other aspect of the Linked Sites. PS is not responsible for any form of transmission received from any Linked Site nor is PS responsible if the Linked Site is not working appropriately. PS provides such links and information to you only as a convenience, and the inclusion of any link or Third Party Information does not imply endorsement by PS of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties conducted through the site or Linked Sites, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party. PS shall not be responsible or liable for any part of any such dealings.

2. Your Use Obligations

You are responsible for all activities undertaken by you using any service provided by PS. All such activities are at your own risk. You shall not use, nor permit others to use, this site or any PS services provided through this site in a manner or for a purpose contrary to these Terms and Conditions of Use. You are responsible for all activities that occur under your password or account, and will keep your password(s) confidential. You will immediately notify us of any unauthorized use of your password or account or any other breach of security. You will not disrupt the functioning of the site, solicit another user's password, or otherwise act in a way that interferes with other users' use of the site. Nor may you post or distribute any computer program that damages, detrimentally interferes with, surreptitiously intercepts, or expropriates any system, data, or personal information.

PS does not claim ownership of the materials you provide to PS in any way. However, by posting, uploading, inputting, providing or submitting any such materials, you are granting PS and any necessary sublicensees permission to use your submitted materials in connection with the operation of its business, including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submitted material; and to publish your name and any contact information you approve of in connection with your submitted material. No compensation will be paid with respect to the use by PS of your submitted material, as provided herein. PS is under no obligation to post or use any material you may provide and PS may remove any such material at any time in its sole discretion. By posting, uploading, inputting, providing or submitting your material you warrant and represent that you own or otherwise control all of the rights to your material as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the material.

3. Prohibited Uses

You may not use this site and/or PS services in any manner which could damage, disable, overburden or impair this site and/or any PS services (or the network(s) connected to such site or services) or interfere with any other party's use and enjoyment of this site and/or PS services. You may not attempt to gain unauthorized access to this site and/or any PS service, other accounts, computer systems or networks connected to this site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you through this site.

This site may contain e-mail services and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

PS has no obligation to monitor the Communication Services. However, PS reserves the right to review non-encrypted materials posted to or sent through a Communication Service and to remove any materials in its sole discretion. PS further reserves the right to terminate your access to any or all of the Communication Services and this site at any time, without notice, for any reason whatsoever.

PS reserves the right at all times to disclose any information as PS deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in PS's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. PS does not control or endorse the content, messages or information found in any Communication Service and, therefore, PS specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, dissemination or other requirements. You are responsible for adhering to such limitations if you download the materials.

All information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Content") posted to any Communication Services by any users are the sole responsibility of those users. PS does not guarantee the accuracy, copyright compliance, legality, integrity, quality, or decency of such Content. Posting your name, contact information, and any personal information in any Communication Services places that information into a public forum.

4. Disclaimer of Warranties

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND OTHER CONTENT CONTAINED IN THIS SITE, OR OBTAINED FROM A LINKED SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. PS HAS MADE REASONABLE EFFORTS TO POST CURRENT AND ACCURATE INFORMATION ON THIS SITE; HOWEVER, PS ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES WHATSOEVER IN THE INFORMATION PROVIDED IN THIS SITE. UNDER NO CIRCUMSTANCES WILL PS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY INFORMATION PROVIDED, AND USE OF THIS SITE IS SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

5. Limitation of Liability

YOU SPECIFICALLY AGREE THAT PS SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THIS SITE. YOU SPECIFICALLY AGREE THAT PS IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT PS IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING THE COMMUNICATION SERVICES AND/OR INCLUDED IN THIS SITE BY ANY THIRD PARTY.

IN NO EVENT SHALL PS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED, (2) COSTS OF REPLACEMENT GOODS, (3) LOSS OF USE, DATA OR PROFITS, (4) DELAYS OR BUSINESS INTERRUPTIONS, (5) AND ANY THEORY OF LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS SITE, WHETHER OR NOT PS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

6. Indemnification

Upon reasonable request by PS, you agree to defend, indemnify and hold harmless PS and its employees, contractors, officers and directors from all liabilities, claims and expenses, including attorney's fees, that arise from your use or misuse of this site, including without limitation content sent or posted by you through the Communication Services, your connection to this site and/or PS services, your non-compliance with these terms and conditions of use, or your violation of any third-party rights. PS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with PS in asserting any available defenses.

7. Content Submitted to PS by You

By posting, uploading, inputting, providing or submitting any information to this site, you consent to PS's collection of such information, and you grant PS, its affiliated companies and necessary sublicensees permission to use such submitted information in connection with the operation of this site and its business, including, without limitation, the worldwide, royalty-free rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submitted information; and to publish your name and any contact information you approve of in connection with your submitted information. You warrant and represent that you own or otherwise control all of the rights to any information submitted by you to PS through this site or otherwise, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit your submitted information. No compensation will be paid with respect to the use of your submitted information. PS is under no obligation to post or use any information you may provide and PS may remove any such information at any time in its sole discretion. For greater certainty, PS does not claim ownership to any information that you may provide to PS, unless otherwise expressly provided.

In the event that you submit personal information to PS in confidence through this site, you consent to the collection, processing, transmission and disclosure of such information by PS for the purposes of PS internal use and specifically the purposes set out on the web page requesting such information. PS will make commercially reasonable efforts to keep such personal information confidential, and shall not disclose such personal information to any third party except: (a) in confidence and to facilitate the provision of products and services to you, or (b) to the extent required by law.

8. Intellectual Property Rights

Neither you nor anyone acting on your behalf, including your employees, acquire any intellectual property or other proprietary rights, including patents, designs, trademarks, copyright or trade-secrets, relating to the contents of this site, including without limitation, software and information, except as otherwise expressly specified in an appropriate license or other mutually agreed upon, written agreement that you may have with PS. Any grants not expressly granted herein are reserved.

All contents of this site are © 2015 pocketservices GmbH. All rights reserved.

9. Modifications to Services Provided

PS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any services (including email services) provided through this site (or any part thereof) with or without notice, or in accordance with the terms of your separate written agreement with PS. You agree that PS shall not be liable to you or to any third party for any modification, suspension or discontinuance of such services.

10. Violation of Terms and Conditions of Use and Termination

Where feasible (in PS's sole discretion), PS will advise you of any inappropriate behaviour on your part and any necessary corrective action. However, if this site or any PS services are used in a way in which PS, in its sole discretion, deems to violate these terms and conditions of use, PS or its agent may take any responsible actions they deem appropriate. Such action may include, but is not limited to, temporary or permanent removal of content, filtering of Internet transmissions and the immediate suspension or termination of all or any portion of the Communication Services. PS shall not be liable in any way for any such responsive actions. The above-described actions are not PS's exclusive remedies and PS may take any other legal, equitable or technical action it deems appropriate.

PS reserves the right to investigate suspected violations of these terms and conditions of use. You hereby authorize PS to cooperate with (1) law enforcement authorities in the investigation of suspected criminal violations and (2) system administrators at Internet service providers, networks or computing facilities in order to enforce these terms and conditions of use. Such cooperation may include PS providing the username, IP address or other identifying information about you. Upon termination of any account you may have with PS, you authorize PS to delete any files, programs, data and email messages associated with such account.

Notwithstanding the foregoing, PS reserves the right, in its sole discretion, to terminate your access to this site and PS services or any portion thereof, for any reason without notice.

11. Notice

All demands, notices, communications and reports required under these terms and conditions of use, including any notice of infringement of your copyright, shall be in writing and shall be personally delivered or sent by reputable overnight courier services (delivery charges prepaid) to PS at the address specified below:

pocketservices GmbH
Freiherr-vom-Stein-Str. 44
D-65779 Kelkheim (Taunus)
Telephone: 49 172 6805100

12. General Provisions

This agreement is governed by the laws of Germany, without regard to conflict of laws provisions, and you agree to submit to the exclusive jurisdiction of the courts located in Frankfurt, Germany. The parties expressly agree that neither the United Nations Convention on Contracts for the International Sale of Goods nor the Uniform Computer Information Transactions Act shall apply to these terms and conditions of use or to any contracts relating to goods or services obtained through this site. No joint venture, partnership, employment or agency relationship exists between you and PS as a result of this agreement or use of this site and/or PS services. PS's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of PS's right to comply with governmental, court and law enforcement requests or requirements relating to your use of this site, PS services or information provided to or gathered by PS with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations 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 remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and PS with respect to this site and PS services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and PS with respect to this site and PS services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express will of the parties that this agreement and all related documents have been drawn up in English.

Legal Information

Please read these terms of use carefully before using the site. By using this site, you indicate your agreement to these terms. If you are not agreeable to these terms of use, do not use this site.

Restrictions On Use of Materials

You acknowledge that this site may contain information, communications, software, photos, text, video, graphics, music, sounds, images and other material and services (collectively "Content"), which is generally provided by pocketservices GmbH or its subsidiaries (collectively "PS") or by licensors of PS. You agree and acknowledge that, notwithstanding that PS permits access to the Content, the Content is protected by copyrights, trademarks and other proprietary (including intellectual property) rights (collectively "Rights"), that these Rights are valid and protected in all media now existing or later developed, and that except as specifically provided in these Terms, your use of the Content shall be governed and constrained by applicable copyright, trademark and other intellectual property laws.

In addition to PS's and its licensors' Rights in individual elements of the Content, PS owns a copyright in the selection, coordination, arrangement and enhancement of the Content. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another Web site, or in any other way exploit any of the Content, in whole or in part. Any software that is made available to download from this site is the copyrighted work of PS and/or its licensors'. Use of the software is governed by the terms of the end user license agreement that accompanies or is included with the software.

While every effort has been made to ensure technical accuracy, information on this site is subject to change without notice, and does not represent a commitment on the part of PS.