Please read these Terms and Conditions carefully before using the oolipo application. If you do not agree to these Terms and Conditions in their entirety, you may not use the oolipo application.
1. SCOPE OF APPLICATION
1.1 These Terms and Conditions apply to all and every visits and usage of the oolipo application, as well as to the content provided within the oolipo application (collectively “oolipo application”) provided by us, the oolipo AG (“us” or “Us”) to you (“you” or “You”), a user of the oolipo application.
2. CHANGE OF TERMS AND CONDITIONS AND OOLIPO MOBILE APPLICATION
2.1 We may change these Terms and Conditions at any time at our own discretion. We will inform you about the changes and will require you to accept these new Terms and Conditions before further use of the oolipo application.
2.2 We may change the oolipo application and any of its content at our own discretion or discontinue or stop the oolipo application or it’s further maintenance at any time.
3. REGISTRATION, USER ACCOUNT
3.1 The download and the use of the oolipo-App is free and provided on an as is basis. However, the Content offered through the oolipo-App might not be free (see article 4).
3.2 The usage of the oolipo application requires your registration and the creation of an oolipo application user account. For registration you will have to provide a valid e-mail address and a name and to define a password.
3.3 The oolipo application user account and the respective access rights are non-transferable.
4. LOCKED CONTENT AND PAYMENT TERMS
4.1 Some Episodes of the Content available through the oolipo-App can only be accessed by spending Credits to unlock those Episodes. In order to do this, you acknowledge that you will have to purchase Credits at the prices advertised within the oolipo-App.
4.2 Though our intent is to grant access to unlocked Episodes for as long as possible, you acknowledge we may withdraw access to any Content within six months notice. This may happen for example, but not exclusively, if distribution rights or any other rights necessary to make the Content available through our service are no longer granted to us by third parties.
4.3 We may offer you the option to unlock all Episodes of a particular season or a particular story at once for the price advertised within the oolipo-App. You acknowledge that in this case some of the unlocked Episodes might not be available at once but on the publishing date stated in the Episode list of a story.
4.4 In order to purchase Credits, unlock Episodes and retrieve free and unlocked Content, you have to have a working mobile or Wi-Fi connection. Content in the oolipo-App is not available offline as of now.
4.5 Credits can only be used to unlock Content within the oolipo-App.
4.6 You acknowledge and agree that we may change the amount of Credits to unlock an Episode at any time at our own discretion. You further acknowledge that we may make any Episode available for free at any time at our own discretion and that such availability will not entitle you to a refund in relation to Credits spent on this Episode.
4.7 We may at our sole discretion give a certain number of Credits away free of charge, sell Credits in packages, change the price of Credits or have promotional offers on Credits.
4.8 You hereby authorize us to charge your credit card (or other payment method notified to us) for the price of the Credits you wish to purchase. You undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to make the relevant payment and that there are sufficient funds to cover the cost of the Credits you wish to purchase. Subject to delays outside of our control, once your payment is successful, the number of Credits you have purchased will be credited to your account within 30 minutes of the transactions.
4.9 Purchases of Credits are final. Any refunds given to you are at our sole discretion. Where a refund is given, the refunds will be credited to the original method of payment, and can take up to 7 working days to process. Due to anti-money laundering regulations we will only refund funds back to the original credit or debit card used to make the purchase.
4.10 We do not make any guarantees with respect to the timing of receipt of funds, which may be subject to payment processing or other delays. Do not take any actions in reliance on the receipt of funds until you are in receipt of cleared funds.
5. CONTENT CREATION TOOLS
Users have no implied right to use the Service or oolipo website. oolipo reserves the right to delete or hide Content uploaded by a User at any time at oolipo’s sole discretion. In addition, the terms of the author agreement apply to all Content that has been uploaded by a User for sale through oolipo.
oolipo does not warrant or guarantee that the oolipo website and/or the Service shall be available without interruption. OOLIPO MAKES NO COMMITMENT, WARRANTY OR GUARANTEE THAT THE OOLIPO WEBSITE SHALL AT ALL TIMES OPERATE IN A TIMELY, UNINTERRUPTED OR ERROR-FREE MANNER, OR THAT THE SITE WILL MEET THE USERS’ EXPECTATIONS OR PURPOSES. oolipo may in its discretion modify any of the features, availability, operation and/or format of the oolipo website and oolipo is under no obligations to give notice of such modifications to the Users.
oolipo, at its sole discretions, may remove any and all materials and/or Content that oolipo considers inappropriate, illegal, offensive, potentially or actually harmful or which in any manner negatively affects the operations of the oolipo website or Service. Oolipo may, at its sole discretion, remove Content and/or ban Users who violate any policy of oolipo or these Terms. oolipo shall have no liability with respect to any damages, delays, deletions, transmission failures or other errors that occur during any communications between the User and oolipo or between the User and Third Parties.
Neither the deletion nor the blocking of Content nor the temporary or final closing down of oolipo gives rise to any claims of the User against oolipo.
5.2. Content and Scope of Rights
The User has full responsibility for any information, data, graphics, text and other Content which the User uploads, revises or communicates, publishes and/or makes otherwise available over or discloses via oolipo to Third Parties. oolipo neither controls such information, text, data, graphics and other Content nor does oolipo adopt them as its own.
The User hereby expressly represents and warrants that the User has the right to upload and/or revise any Content uploaded and/or revised by the User and that such uploading and/or revision does not violate the rights of Third Parties.
oolipo expects that all Users treat each other in a respectful and friendly way. To this end oolipo has drafted the Code of Conduct which all Users must comply with. In case a User violates the oolipo Code, oolipo has the right, at its sole discretion, to cancel such User’s account and terminate the relationship, including termination of the author agreement, if any. Such termination shall not require prior notice and shall result in the deletion of the User’s account as well as all Content uploaded by the User.
The User agrees not to use the oolipo website or the Service to:
upload, post or otherwise transmit any Content that may, pursuant to the federal and state laws of the United States of America be considered unlawful, pornographic, obscene, threatening, harassing, tortious, defamatory, libelous, an invasion of privacy, hateful, or racially, ethnically or otherwise objectionable;
upload, post or otherwise transmit any Content that may, pursuant to the federal and state laws of the United States of America and Germany be considered harmful to minors disseminate “spam;”
interfere with the operation of the oolipo website in any manner, including without limitation through the use of viruses, Trojan horses, worms or any other programs or technology designed to disrupt or damage software or hardware;
harvest e-mail addresses or other User information or to monitor the activity on the Site through any technological device, including without limitation the use of robots, crawlers and/or spiders; or
impersonate or spoof any other User or Third Party or any entity
In addition to complying with these Terms, Users shall assure that they will adhere to all local and national laws that pertain to their location.
The User agrees and acknowledges that any illegal uploading, revising, publication and/or communication of information, data, graphics and/or other Content in violation of these Terms may give rise to obligations of the User to pay damages or to other obligations of the User and may also constitute a criminal offence and/or other breach of the law.
If the User violates any of its obligations/duties arising from these Terms and/or other rights of oolipo, oolipo reserves the right of enforcement against the User. This applies, in particular, in case eBooks which have been formatted by means of the web-application available on oolipo or other information, graphics, data or other Content which has been processed or formatted by means of such web-application are used for industrial or commercial purposes or published on systems, servers or other media other than oolipo or made available to Third Parties for industrial or commercial use or publication on systems, servers or other media other than oolipo, if such Content is used and/or published in the form/shape created by means of such web-application.
In case the User, in spite of a warning, repeatedly and/or continuously violates the Code of Conduct, oolipo has the right to terminate the contractual relationship between oolipo and the User with immediate effect. In this case, the termination of the contractual relationship can be effected by the deletion of the Account of the User and the Content uploaded on oolipo by the User, without any further pre-announcement being required.
Users are hereby advised that the uploading of illegal and/or prohibited Content may expose the User to civil and criminal liability. The User hereby agrees to hold harmless and indemnify oolipo, its affiliates, undertakings affiliated with oolipo, the shareholders of oolipo, the managing directors and holders of commercial power of oolipo and any other employees, agents, directors and/or shareholders of oolipo against any and all claims and demands raised by Third Parties based on or in connection with Content which the User has uploaded, revised, made available to Third Parties and/or published on or via oolipo or arising from any conduct or lack of conduct of a User, including without limitation reasonable attorneys fees, court costs and other expenditures incurred by oolipo in the defense of any such claims.
If and to the extent that the User processes and/or revises Content which has been uploaded on oolipo, the User hereby explicitly warrants that the User has the right to process and/or revise such Content in the way processed and/or revised by the User. Moreover, the User hereby explicitly warrants that the processing and/or revision of Content does not result in such Content violating the rights of Third Parties and the User represents and warrants that such Content complies with the standards provided for in Section 10 below.
Users are solely responsible for creating backup copy of their Content on appropriate storage media.
By uploading Content, Users provide oolipo with certain rights concerning such Content, including a worldwide, non-exclusive license to publish the Content on the oolipo website and to publicize and distribute such Content in the format used by oolipo to provide its Services. In particular but without limitation, oolipo has the following rights:
to make copies of and store the Content in the form of digital books on one or more servers as well as to reformat, convert, encode and otherwise create derivative works of the Content for the purpose of producing digital books;
to display, perform, market, transmit and otherwise make available the Content or portions thereof on the oolipo website for other Users or interested Third Parties;
to download, copy, print and or make the Content available online or offline, including for use on portable electronic devices;
to display any logos or graphics in the form provided by the User;
to use, duplicate, adopt for modification, as considered necessary by oolipo, any and all metadata provided by the User in connection with the uploading of Content;
to transmit, duplicate and otherwise use (or cause others to reformat, transmit, duplicate or otherwise use) digital books through technical means and processes for the purpose of enabling oolipo to carry out any function it is entitled to pursuant to the foregoing described rights, including but not limited to caching of data in order to facilitate its display on any electronic device.
Except as provided for in any author agreement entered into between a User and oolipo, Users shall have no right to compensation for the use of Content uploaded by a User.
Any User who uploads any work of authorship (hereafter “Work”) created by the User to the oolipo website has the opportunity, subject to availability, to also position such Work with Third Party partners of oolipo who offer free publication services (such as, without limitation, “Google Books”). To the extent a User wishes to take advantage of such an opportunity by choosing such option on the Service, the following provisions apply:
oolipo acts solely as a (technical) facilitator between the User and the Third Party partner so that the User can easily position the Work with the Third Party partner. The User is free to use or not use such opportunities. Users are free to position their Works with Third Party partners through the oolipo website or by themselves directly.
oolipo makes not warranty, express or implied, with respect to any services provided by Third Parties, even if such Third Party is a Third Party partner of oolipo.
oolipo shall have no liability for any violations of the User’s rights (including without limitation copyrights) by or through the facilities of a Third Party partner or its agents.
The User grants to oolipo the right to sublicense all rights oolipo hold pursuant to Section
Hereof or as otherwise provided for herein to any and all Third Party partners or oolipo. This right to sublicense shall include, without limitation, the right to authorize Third Party partners to post excerpts or Works on their respective websites.
oolipo has the right, without prior notice, to cancel any Third Party partner arrangements and the ability to use the oolipo website to position Works on Third Party partner websites.
6. COPYRIGHTS AND TRADEMARKS, USAGE
6.1 All of the content featured or displayed on the oolipo application, including but not limited to texts, graphics, photographs, images, moving images, sounds, illustrations and software (collectively, "Content"), is owned or licensed by us. All rights remain our intellectual property.
6.2 We grant you a non-exclusive, revocable license to install the oolipo application and access the Content within the oolipo application, for personal, informational, and non-commercial purposes only. You are authorized to view and enjoy the Content by using the oolipo application. You may not copy, print, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content or the oolipo application. You may not remove any copyright, trademark or other proprietary notices from Content or the oolipo application. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the oolipo application to a human-readable form.
6.3 All trademarks, service marks and trade names of us used in the oolipo application, are trademarks or registered trademarks of us, unless stated otherwise. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify our trademarks in any way, including use for advertising purposes, with our prior written consent.
7.1 The oolipo application and Content is provided on an as is basis without warranty. We make no warranties or representations, whether express or implied, about the accuracy or completeness, the usability or suitability for a specific purpose, the reliability and the safety of the oolipo application and Content.
7.2 The usage of the oolipo application and Content is at your own risk. It is in your free discretion and your responsibility, if and to what extent you use the oolipo application and Content.
7.3 We do not warrant the permanent availability of the oolipo application and Content, however we endeavor to provide you with our Service as uninterrupted and error free as possible.
8.1 Except for damages caused by intent, gross negligence and fraudulent misrepresentation, you will not be entitled to damages for whatever legal reason; in particular we are not liable for any black-outs, transmission errors, data loss or other damages to your mobile device, due to the usage of the oolipo application or Content. This limitation of liability does not apply in case of culpable damage to life, body or health.
8.2 As far as our liability is excluded or limited, this will apply accordingly to the personal liability of our legal representatives, employees, auxiliary persons, subcontractors and suppliers.
9. APPLICABLE LAW, INVALIDITY
9.1 These Terms and Conditions shall be governed and interpreted exclusively by the laws of Germany without giving effect to its conflict of law principles (to the extent legally possible).
9.2 In the event that individual provisions of these Terms and Conditions, or the application thereof, are or become wholly or partly invalid or unenforceable under applicable law, then such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions.
10. COMPANY DETAILS
Christburger Straße 23