Terms and conditions
Last updated: March 02, 2019
Thank you for choosing ComeMit (“ComeMit”, “we”, “us”, “our”). Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.comemit.com website and mobile application (the “Service”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you violate these Terms. We encourage you to frequently review the Terms to ensure that you understand the terms and conditions that apply to your use of the Services. If you do not agree to any amended Terms, you must stop using the Services.
Subscription Types and Fees
From time to time, we offer trial subscriptions to users who have registered on our website or download our app from google store/App store for a limited period of time free of charge ( “test users”). ComeMit reserves the right, at its sole discretion, to determine your qualification for such a test, and to the extent that it is in ComeMit’s interest to revise or withdraw the test user at any time with a short prior notice, without any liability being made to the extent permitted by law. Unless you purchase a Paid Subscription, your access to the Services will be limited to the Services that ComeMit makes available generally to registered test users. ComeMit will not provide technical support to subscribers who have not purchased a Paid Subscription. If you do not have a Paid Subscription, you may only use the Services for internal, non-commercial purposes, and ComeMit will automatically collect certain information about your use of the Services. If you purchase a Paid Subscription, you may opt out of the collection of such information.
Additional applications and functionalities of the Services will be available for purchase on either an annual or monthly subscription basis at ComeMit’s then current prices (“Paid Subscription”). If you purchase a monthly Paid Subscription, payments will be due monthly. If you purchase an annual Paid Subscription, payments will be due annually. All payments are final and are non-refundable. All payments due under these Terms of Service will be made: (a) by check or bank wire transfer, in immediately available funds; (b) by credit card on a recurring basis; and (c) in either case, in EURO within thirty (30) days of the invoice date.
The fees applicable for Service (“Fees”) are available on the website and as published within the Service. The price stated for the Service excludes all taxes and charges, unless stated otherwise. You are responsible for any applicable taxes not invoiced by ComeMit. In addition to any Fees, you may still incur charges incidental to using the Service, for example, charges for Internet access, data roaming, and other data transmission charges.
You must be authorized to use the payment method that you enter when you create your account. You authorize us to charge you for the Service using your payment method and for any paid feature of the Service that you choose to sign up for or use while these Terms are in force.
You must keep all information in your account current. You can access and modify your account information by logging into your account. You may change your payment method at any time. If you tell us to stop using your payment method and we no longer receive payment from you for the paid Service, we may cancel that Service. Your notice to us will not affect charges we submit to your account before we reasonably could act on your request.
Except as prohibited by law, we may assess a late charge if you do not pay on time. You must pay these late charges when we bill you for them. The late charge will be the lesser of 1 percent of the unpaid amount each month or the maximum rate permitted by law. We may use a third party to collect past due amounts. You must pay for all reasonable costs we incur to collect any past due amounts, including reasonable attorneys’ fees and other legal fees and costs. We may suspend or cancel your Service if you fail to pay in full on time.
All ComeMit services, trade names, logos, domain names and other features of this brand (“ComeMit Brand Features”) are the sole property of ComeMit or its licensors. These agreements do not give you any rights to use any of the ComeMit brand features, whether for commercial or non-commercial use. Unless otherwise indicated on the Services or otherwise by ComeMit, the Services and all content and other materials therein, including, without limitation, the ComeMit designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of ComeMit or our licensors or users and are protected by EU. and international copyright laws.
You are hereby granted a limited, non exclusive, non-sublicensable license to access and use the Services and Content; however, such license is subject to these Terms and does not include (a) any resale or commercial use of the Services or the Content therein; (b) the distribution, public performance or public display of any Content; (c) modifying or otherwise making any derivative uses of the Services or the Content, or any portion thereof; (d) downloading (other than the page caching) of any portion of the Services, the Content or any information contained therein, except as expressly permitted on the Services; and (e) any use of the Services or the Content other than for their intended purposes. Any use of the Services or the Content other than as specifically authorized herein, without the prior written permission of ComeMit, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein or otherwise by ComeMit, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
The Services are not targeted towards, nor intended for use by, anyone under the age of 18. By using the Services, you represent and warrant that you (a) are 18 years of age or older; (b) have not been previously suspended or removed from the Services; and (c) have full power and authority to enter into this agreement and that, in doing so, you will not violate any other agreement to which you are a party.
ComeMit users may post, upload or contribute to the Services, including, but not limited to, images, text, messages, information or other content (“User Generated Content”). To avoid any doubt, it is stated that “User Generated Content” includes all content posted in the ComeMit by the users.
You represent that, with respect to any User Generated Content You create on ComeMit, You are entitled for the content you have created.
ComeMit may or may not be required to monitor, review or edit user-generated content. In some cases, We reserve the right, subject to your interests, to remove or disable access to any User Generated Content if there are valid reasons to do so. In particular, such grounds may exist when it is necessary to protect the rights, property or safety of the ComeMit Users or any other person if the User Generated Content violates the agreements or if they violate the rights of a third party. In that case, we will let you know. We do not promise to eliminate or disable access to any particular user-generated content.
Rights that you grant us
With the rights granted to you under these agreements, you grant ComeMit the right to use the processor, bandwidth, and storage space on your device’s storage media to provide the services to you.
If you wish to provide feedback, ideas or suggestions relating to the ComeMit Services or Content (“Feedback”) to ComeMit, you agree that your feedback is not confidential and you give ComeMit the right to provide your feedback without restriction and free of charge to use. Your feedback is considered a kind of user-generated content.
ComeMit respects intellectual property and intellectual property rights and requires the same from you. You must not use the Service to harm others or the Service. For example, you must not use the Service to harm, threaten, or harass another person, organization, or ComeMit. We have set up some basic rules that you must adhere to while using the Service so that ComeMit remains fully usable for all. Please follow these rules and encourage others to do it right away.The following is by no means permitted:
- copy, distribute, reproduce, rip, record, transmit, perform or otherwise make available to the public, broadcast or otherwise use the ComeMit Services or Content in any manner whatsoever; is not expressly permitted by the agreements or by applicable law, or infringes the intellectual property rights (such as copyrights) in any ComeMit service or content.
- The ComeMit services to import or copy local files for which you do not have the right to import or copy them in this way;
- use the Service to: (i) engage in any unlawful or fraudulent activity or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data; (ii) send unsolicited or unauthorized junk mail, spam, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) store or transmit inappropriate Content, such as Content: (1) containing unlawful, defamatory, threatening, pornographic, abusive, libelous or otherwise objectionable material of any kind or nature, (2) containing any material that encourages conduct that could constitute a criminal offense, or (3) that violates the intellectual property rights or rights to the publicity or privacy of others; (iv) store or transmit any Content that contains or is used to initiate a denial of service attack, software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, cancelbots, or spyware; or (v) abuse, harass, stalk or otherwise violate the legal rights of a third party;
- for transferring content from the cache of an authorized device to another device in any way;
- Reverse engineering, decompiling, disassembling, modifying or creating derivative works based on the ComeMit Services, content or any part thereof, except as permitted by applicable law;
- Circumvent any technology used by ComeMit, its licensors, or third parties to protect content or services;
- Selling, leasing, sublicensing or leasing any part of the ComeMit Services or Content;
- Circumvent the geographical restrictions applied by ComeMit or its licensors;
- Artificially increase the play count or otherwise manipulate the services through a script or an automated process;
- Remove or alter any copyright, trademark or intellectual property notice contained in or provided by the ComeMit Services (including for the purpose of disclosure or modification of the owner’s information or the source of any content);
- Transferring your password to any other person or using the username and password of another person;
- “Crawl” the ComeMit Services or use any other automated means (including bots, scrapers and spiders) to collect information from ComeMit
- Selling a user account or accepting any other compensation, whether financial or otherwise, for influencing the name of a user account or the contents user account.
11. Brand Accounts
If you create a ComeMit account on behalf of a company, organization, legal entity or trademark (a “trademark” or “trademark” account), the terms “you”, “your”, as used in all parts of the agreements, for you and the brand, as appropriate. When you open a trademark account, you represent and warrant that you are authorized to grant all authority and license under the terms of the agreement and thereby bind the trademark to the agreements.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by ComeMit.
ComeMit has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that ComeMit shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Limitation of Liability
IN NO EVENT SHALL ComeMit OR THE ComeMit PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM ComeMit, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ComeMit’s RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF METAGEEK, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES OR TO THESE TERMS EXCEED ONE HUNDRED Euros (100.00 EU).
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
These Terms shall be governed and construed in accordance with the laws of North Rhine-Westphalia, Germany, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org