Terms of Service and Participation for Glydsphere Additional Offers

Terms and Conditions of Use for the www.glydsphere.eu Website
Last updated on: October 2021



The terms and conditions of use listed below apply to the use of the pages and offers on the www.glydsphere.eu website as well as other sub-pages of this website (collectively the "website"), which are operated by Space Gravity GmbH, Schillerstraße 9, 64859 Eppertshausen (the "provider "). The use of the Webshop available on the website and the purchase of goods via the Webshop shall be governed by separate general terms and conditions for loudspeaker orders, which can be accessed at www.glydsphere.eu.

 

1. Limitation of liability

 
All information on this website has been carefully researched. However, the provider assumes no responsibility, whether express or implied, or guarantee for the topicality, correctness, completeness or other quality of the information provided. In accordance with the statutory provisions, the provider shall be liable (i) in the event of wilful misconduct or gross negligence, (ii) for culpable injury to life, limb or health, (iii) according to the provisions of the Product Liability Act, and (iv) to the extent of a guarantee assumed by the provider.
 
In the event of a slightly negligent breach of an obligation the fulfilment of which enables the proper execution of the contract in the first place and the observance of which the user may regularly rely upon (so-called cardinal obligation), the liability of the provider shall be limited to the amount of damage that is foreseeable and typical of the type of transaction in question. Any further compensation liability for any damage shall be excluded. The above limitation of liability shall also apply to the personal liability of employees, representatives and statutory bodies of the provider.
 
Advice or information given by the provider on its website shall not be deemed to constitute a guarantee by the provider or the respective author, unless this has been expressly agreed in writing beforehand.
 
Furthermore, the provider does not guarantee that the website or the servers that make it available do not contain viruses or other harmful elements. When you use the website, you do so at your own risk; In particular, the user shall be solely responsible for any loss of data or damage to their computer system.

 

2. Copyright and trademark law

 

The website and all the texts, images, graphics, video sequences, audio files and other contributions contained therein are subject to copyright law and the laws for the protection of intellectual property. All content is intended exclusively for the respective user's personal information. The website does not grant a licence to use the intellectual property (in particular patents, brands and copyrights) of the provider or third parties.
 
Any commercial use, publication, reprinting, digital duplication or transfer to third parties, also in parts or in revised form, shall only be permitted with the prior express written consent of the provider. This also applies to

inclusion in external websites and online services as well as storage or duplication in databases or on data carriers. In the event of a violation, the provider reserves the right to take any form of legal action, in particular to assert damages.
 
All of the provider's logos displayed on the website may not be published or used in any other way without the provider’s prior consent and are usually protected by trademark law. All other trademarks mentioned on the website and, where applicable, protected by third parties, are also subject without restriction to the provisions of the applicable trademark law of the respective registered owner.

 

3. References and links

 

The provider shall be responsible for the content of the website in accordance with general laws, in particular according to
Section 7 (1) of the German Telemedia Act [TMG]. All content is created with due diligence and to the best of our knowledge. Insofar as the provider refers to third-party websites by means of a hyperlink, the provider assumes no liability for the topicality, correctness and completeness of the linked content, as this content is outside the provider's area of ​​responsibility and the provider has no influence on its future design. Should the user be of the view that any of the content violates applicable law or is inappropriate, the provider asks the customer to report this.

 

4. Website availability and content

 

The provider cannot guarantee that the website will be available at all times. In particular, the provider shall be entitled to temporarily suspend or limit the availability of the website, either in whole or in part. Should any further restrictions of availability occur, these will be notified on the website itself.
 
The provider expressly reserves the right to change, supplement, or completely delete parts or all of the content of the website without prior notice, or to temporarily or permanently discontinue its publication.
 
Any defects on the website, including the functions associated with the website, will be remedied immediately by the provider as soon as it becomes aware of the defect or is notified thereof by users. The same shall apply to other disruptions to the use of or access to the website for which the provider is responsible.

 

5. Misconduct by the user

 

When using the website, each user must take suitable measures to ensure that no harmful programs or program parts, such as viruses, Trojans or worms, are spread or introduced into the website. Any conduct that aims to impair or destroy the proper functioning of the website or to spy out the provider's data in an unintended manner shall be prohibited. Linking, displaying in a partial window (frame) or other routing or forwarding of the content of the website to third parties by the user or at the user’s instigation shall only be permitted with the prior written consent of the provider. No user shall be allowed to access and/or use the content of the website by automatic means or in large quantities, for example, by using so-called robots or crawlers.
 
Commercial use of the website by the user, in particular advertising products and services, shall be excluded. This also applies to the promotion of political parties and other organisations. Should the user violate these Terms and Conditions of Use

or violate applicable law or the rights of third parties, the provider shall be entitled to claim damages and injunctive relief.

 

6. Miscellaneous

 
The provider reserves the right to have functions associated with the operation of the website performed by third parties.
 
The provider reserves the right to change or supplement these terms of use in any way. The user should read these Terms and Conditions of Use at the beginning of every visit to this website in order to familiarise themselves with any possible changes.
 
The non-exercise or delayed exercise of any rights on the part of the provider can in no case be interpreted as a waiver of the respective right. Partial exercise of a right does not exclude the further assertion of the respective right. Waiver of one right shall not be understood to constitute a waiver or modification of any other right.
 
Individual agreements made between the user and the provider in particular cases (including ancillary agreements, supplements and amendments) shall always take precedence over these Terms and Conditions of Use.
 
These Terms and Conditions of Use shall be subject to the law of the Federal Republic of Germany, to the exclusion of the UN Sales Law. This choice of law shall apply to consumers only insofar as it does not deprive them of the protection granted to them by mandatory provisions of the law of the state in which they have their habitual residence.
 
Should individual provisions of these Terms and Conditions of Use be or become ineffective or unenforceable, this shall not affect the effectiveness or enforceability of the remaining terms and conditions of use.

 

Terms and Conditions for the Provision and Use of Glydsphere Additional Offers

 
Last updated on: October 2021

 

These Terms and Conditions of Use for Glydsphere Additional Offers (these "Terms and Conditions of Use" or these "Terms and Conditions") shall govern your participation in access to and use of additional offers (as defined below) which Space Gravity GmbH ("Space Gravity", "we", "us” or "our") enables or makes available to you. In these Terms and Conditions, we use the term "you" or "your" to refer to you as an individual.
 
As described in our << End User Licence Agreement >> ("EULA"), we provide one or more Glydsphere mobile applications (an "application" or “app" in each case). We may also sell certain audio speakers and/or related items or products (a "product” in each case) that, among others, may be used with the applications; The << Terms of Sale >> and the << Warranty Policy >> refer to these individual products. Our << Terms of Service >> apply to our websites, microsites and mobile versions of these websites (collectively the "website") provided in the European Economic Area (EEA), including the United Kingdom (UK) and Switzerland. Our << Privacy Policy >> summarises what personal data we collect and how we use it, and it applies to our website, applications, additional offers and social media pages (as defined therein) as well as to our communication with you.

 

1. Additional offers

 
"Additional offer" shall be understood as all services, additional products, the possibility of uploading, downloading and/or certain interactions of functions or properties as well as all other additional offers that we either enable or make available to you, insofar as the foregoing are not an application or product themselves. For clarification: Services that we provide or make available in connection with additional offers shall also be understood as additional offers.
 
Individual additional offers may concern your Apple iOS or another device or product of the Apple brand or your device that can access Google Play (each of the aforementioned devices is an "Apple device" or a "Google device", respectively; collectively "devices" or individually "device").
 
Part or all of the additional offer will be made through or on our website. This includes, among other things:
 
  • features to generate or scan QR codes,
  • toolkits (or links to toolkit providers),
  • interfaces and/or portals, and/or
  • temporary storage (e.g. one hour) of sound files during an upload/download process.

 
Additional offers may vary, depending on whether the relevant applications were made available by us free of charge or for a fee.
 
We may discontinue or change any of the additional offers at any time and without notice.
 
Our website may contain various descriptions of aspects, restrictions, rules and requirements that apply to the additional offers.
 
These Terms and Conditions are not intended to conflict with any of our other terms and conditions or agreements (including our EULA, Terms and Conditions of Sale, Warranty Policy, Terms and Conditions of Use, and Privacy Policy); however, in the event of an unavoidable conflict between these Terms and Conditions and such other terms and conditions or agreements, the respective other terms and conditions shall take precedence (unless otherwise provided therein).

You may only access and use the additional offers if you agree to these Terms and Conditions. If you do not agree, you may not access or use the additional offers. When you access and use an additional offer, you will be deemed to have read and understood these terms and conditions and to agree to them.
 
You may be charged a fee for the provision of certain additional offers.

 

2. Changes to these Terms and Conditions; user information.

 

The current version of these terms and conditions can be accessed via the menu of the app. To do this, you must tap on the header area of ​​the home screen to view it and then navigate to Legal, where the Terms and Conditions of Use for Glydsphere Additional Offers are stored. We reserve the right to adjust these Terms and Conditions as necessary. We will notify you of any changes to the Terms and Conditions and provide you with the updated version. You may object to the change in the Terms and Conditions within a period of 14 days by sending an email to info@glydsphere.com. Should you object, you will no longer be able to use the app. In this case, we ask you to uninstall the app. If you do not object, the changes will automatically take effect after expiry of the 14-day period.

 

Any personal information, or information that identifies you personally, which you provide by registering, accessing or using the additional offers is collected and used in accordance with our << Privacy Policy >>.

 

3. Our intellectual property

 
The additional offers are protected by copyright and other intellectual property laws as well as international treaties. We and our licensors and suppliers own all rights to the additional offers, including all patents, copyrights, trade secrets, trademarks and all other proprietary and intellectual property rights worldwide. Your rights to use an additional offer are listed or referenced herein, while all rights not expressly granted to you are hereby reserved by us.

 

4. Scope of the licence granted to you

 
Subject to the provisions and restrictions of these Terms and Conditions and during the period in which we offer an additional offer and you access and use it, we grant you a personal, limited, non-exclusive, revocable, non-sublicensable and non-transferable licence for access to such an additional offer and its use, exclusively for your personal, non-commercial purposes.
 
You undertake to use the additional offers in accordance with all applicable laws, rules and regulations.

 

6. Restrictions

 
You may not: (a) access the additional offers or attempt to access them in a way other than those described on the website or otherwise made available by us; (b) attempt to gain unauthorised access to our services, accounts, computer systems or networks or those our suppliers, licensors or dealers associated with the additional offer; (c) remove or change trademarks, logos, copyrights or other proprietary notices, legends, symbols or labels in or on the additional offers; (d) block, deactivate or otherwise impair advertising, advertising banner windows, tabs, links to other websites and services or other functions that are part of the additional offer; (e) use the additional offer in a way that could damage, deactivate, overload or impair it or disrupt its use by other persons; (f) use the additional offers in a manner that violates these Terms and Conditions; (g) use the additional offers in a way that violates the rights of third parties; or (h) assist a third party in performing any of the actions described in this paragraph.

 

6. Content, sound files and sets

6.1 Our content. Content, information, materials, graphics, video, audio and sound files that are made available by us or our licensors (collectively "our content") and which can be accessed via the additional offers or which are part of the additional offers are our property and/or that of our licensors. Unless the context indicates otherwise, for the purposes of these Terms and Conditions, our content shall be deemed to be part of the additional offers. We assume no liability to you for content that could be perceived as offensive, indecent or objectionable. Our content includes our sound files and can (unless otherwise specified) be regarded as modifications to our sound files (each as defined below).

6.2 Your content. Content, information, materials, sound recordings, audio and sound files that you transmit, make available or upload to us or our systems or via our interfaces or portals as part of your access or use of the additional offers (e.g. the uploading of certain sound files that you have created separately or obtained separately from a third party) shall be collectively referred to as "your content", provided, however, that our content is not included in your content. Your content shall be understood to include your sound files and modifications thereof (each as defined below). 

In the relationship between you and us, you are designated as the owner of your content. 

You hereby grant us (and our authorised representatives and contractors) all rights, licences and approvals to and in respect of your content that are necessary to provide, facilitate and make our additional offers available to you.

6.2 Sound files and sound sets.

 
"Sound file" shall be understood as an audio or sound file or similar that is both functional and suitable for use with an application.
 
"Our sound file" shall be understood as a sound file provided by us (including through or via an additional offer).
 
"Your sound file" shall be understood as a sound file that you have provided.
 
"Modification to our sound file" shall be understood as the making or development of a modification of any kind to our sound file undertaken by you.
 
"Modification to your sound file" shall be understood as the making or development of a modification of any kind to your sound file undertaken by you.
 
"Modified sound file" shall be understood as a modification to one of our sound files or a modification to one of your sound files that is both functional and suitable for your use with an application.
 
"Sound set" shall be understood to refer to a combination of two or more sound files and/or modified sound files which form an overall set that is both functionally operable and suitable for use with an application.
 
If a sound set contains one of our sound files or a modification of one of our sound files, you shall not be the owner of such a sound set.
 
To the extent that you have rights to part of a modification to one of our sound files (including all copyrights and other intellectual property rights that are reproduced or described in the foregoing), you hereby grant us an unlimited, exclusive, irrevocable, sublicensable and transferable usage licence. At our request, you will surrender such a modification to our sound file to us and/or prepare and surrender all documents and undertake all actions that we can reasonably require in order to support us in the aforementioned granting of the usage licence.

Subject to the applicable provisions of these Terms and Conditions and the EULA, as well as other applicable restrictions or requirements, and during the period in which we offer you one of our sound files and you access and use it, we grant you a personal, limited, non-exclusive, revocable, non-sublicensable and non-transferable licence to make or develop modifications to our sound files that are both functional and suitable for your use with an application, exclusively for your personal, non-commercial purposes.

 

7. Access

 
The equipment, resources and services required to access and use the additional offers must be procured by you at your own expense.

 

8. Responsibility; passwords; communication platform

 
You shall be solely responsible for your use of the additional offers, the use of your account (if applicable) by other persons, or any breach of your obligations under these Terms and Conditions. You are responsible for all consequences of activity on your account (if applicable), including the consequences that may arise from your account (if applicable) being accessed by other persons. You shall be obliged to treat each unique user ID and/or password that you use to access an additional offer personally and confidentially. It is your sole responsibility to protect your user ID and password against unauthorised use, and you shall be responsible and liable for any unauthorised use of your user ID or password.
 
On our website or within the framework of the app, we can provide you and the other users of the additional offers with a function and/or platform for communication to enable the users to communicate with one another. You and the other users shall be responsible for the content of this communication and all other content published on the platform. From our point of view, such content shall be understood as third-party content within the meaning of Section 8 (1) of the German Telemedia Act [TMG]. We neither adopt the content as our own, nor do we agree to it. Insofar as links to other websites operated by third parties are provided, we shall not be responsible for the content of the linked websites. We do not control these websites and expressly dissociate ourselves from their content. Should any content that violates the law be reported to us, we will make use of our rights to delete and remove it immediately.

 

9. Your assurances

 
As part of the use of the additional offers, you must ensure that (i) you have or will have all the necessary rights and consents in relation to your content in order to grant us the rights, licences and permissions provided for in these Terms and Conditions; (ii) your content (and any changes to our sound files) do not infringe or violate any data protection or other proprietary or intellectual property rights of third parties; (iii) your content (and any modifications to our sound files) are not illegal and that no civil or criminal liability arises therefrom; and (iv) you have all the rights that are necessary for a free and unencumbered transfer of the right to use any modifications to our sound files to us.

 

10. No support or update obligations

 
You agree that you have no right to support, telephone support, corrections, updates, upgrades, bug fixes and/or extensions to the additional offers, either from us or our sales partners, unless this is expressly provided for on the website.

 

11. Term

 
We may terminate these Terms and Conditions at any time, with or without notice, if you breach or violate these Terms and Conditions, or if we discontinue support or provision of an additional offer, which we may do at our sole discretion. In the event of termination, you shall be obliged to

discontinue the use of the additional offer, to uninstall it and to destroy all copies of the additional offer, in whole or in part. All rights and obligations under these Terms and Conditions that become legally binding or continue to exist prior to the termination of these Terms and Conditions shall extend beyond the respective termination.

 

12. No compliance with laws and safety standards for acoustic vehicle warning systems

 
The additional offers are in no way intended or guarantee to comply with the requirements of applicable laws, regulations or safety standards in respect of the type, pitch, quality or volume of the sounds that must be produced by electric or hybrid vehicles during operation (e.g. an acoustic vehicle warning system, a warning mechanism or other).
 
In particular, the additional offers are unsuitable for meeting the requirements set out in Regulation (EU) No 540/2014 of the European Parliament and of the Council of 16 April 2014 on the sound level of motor vehicles and of replacement silencing systems, and amending Directive 2007/46/EC and repealing Directive 70/157/EEC on electric vehicles. The additional offers do not represent an Acoustic Vehicle Alerting System (AVAS) as defined in the aforementioned regulation and are offered solely for the purpose of facilitating a special driving experience for the user when driving a motor vehicle by providing a variety of sounds. Other purposes, in particular compliance with public law or other legal regulations, cannot be pursued with the additional offers.

 

13. Limitations of liability

 
At all times, we shall be liable for intent, gross negligence, injury to life, limb or health, cases in accordance with the Product Liability Act and for guarantees expressly granted by us.
 
In all other cases, our liability shall be excluded and limited to the extent permitted by law. Mandatory statutory rights shall remain unaffected. We shall only be liable for damage caused by us through slight negligence in the event of a breach of an essential contractual obligation, whereby the amount of these claims for compensation shall be limited to the foreseeable damage. Essential contractual obligations shall be understood as those obligations the compliance with which you may regularly rely upon and the fulfilment of which is essential for achieving the purpose of the contract.
 
Insofar as our liability is excluded or limited according to these provisions, this shall also apply to the liability of our statutory bodies and vicarious agents, including our employees.
 
Should a third party make a claim against us for a breach of these Terms and Conditions of Use on your part, you will indemnify us against all claims and costs that arise directly or indirectly as a result thereof, including reasonable costs of defence by a lawyer. This shall not apply if you are not responsible for the violation.
 
We assume no responsibility or liability for any claims, demands, lawsuits, liabilities, loss, damage or expenses arising out of or in connection with any personal injury (including death) or property damage or violation of applicable traffic or driving laws or regulations resulting, in whole or in part, from vehicle accidents or other driving-related incidents, including, but not limited to, those accidents or incidents that occur while using an additional offer.

 

14. Warranty

 
The nature of the application is such that it is constantly updated and developed further. Changes may also result from the installation of updates that ensure and improve usability. We therefore provide you with access to the app in its current version. Changes and further developments can affect the system and compatibility requirements. You shall therefore have no entitlement to the continued provision or introduction of a specific status or range of functions of the application. Any claims for defects that affect the usability of the app itself shall remain unaffected.

Due to the constant further development of the app, we reserve the right to offer new app functions and/or remove or change them. If you have already made payments for additional functions for a future period and can no longer use them for the reasons stated above or if they are also made available in the free version, we will offer you other functions of the app as an alternative. In these cases, you shall be free to terminate the contract with immediate effect. In this regard, any further claims on your part shall be excluded.
 
Please note that although the app is state of the art, we cannot guarantee that the app will be free of errors. For this reason, please be mindful that not every function of apps like this one will always work flawlessly. We do our best to provide an app that is as error-free as possible and that ensures full usability. However, as with any software, we are unable to rule out minor software errors in an app. In any case, you shall be entitled to assert claims for defects if the deficiencies of the app results in its use being severely and permanently disrupted.
 
You must always clearly document any defects that may occur in the app and report them to us in writing, in particular by logging any displayed error messages. Before reporting a possible error, we advise you to consult the assistance we have provided for troubleshooting. You must do all you can to support us in eliminating potential defects.
 
In principle, our warranty does not cover errors caused by external influences, operating errors for which you are responsible, force majeure or changes or other manipulations that were not carried out by us.
 
We do not assume any guarantees in the legal sense with regard to the availability, reliability, functionality or suitability of the app.
 
If you access other websites via links in the app, the providers of the respective sites shall be solely responsible. We do not adopt the content of these websites as our own. Any liability or guarantee on our part in respect of the content of the linked websites shall be excluded. At the time these links were set, we were not aware of any illegal content on the linked websites. We have no influence on current and future changes to the linked websites.

 

15. Injunctive relief

 
You hereby agree that your breach or imminent breach of these Terms and Conditions may cause us irreparable damage for which monetary compensation would not be appropriate and that we therefore, in addition to any other legal remedies available to us according to law or case law, can assert a temporary injunction in order to safeguard our rights under these Terms and Conditions.

 

16. Applicable law; online dispute resolution; consumer arbitration board

 

The law of the Federal Republic of Germany shall apply to all legal relationships between you and us in connection with these Terms and Conditions, to the exclusion of the UN Sales Law. This choice of law shall apply to consumers only insofar as it does not deprive them of the protection granted to them by mandatory provisions of the law of the state in which they have their habitual residence.

 

The European Commission provides a platform for online dispute resolution (ODR). This platform is intended to serve as a point of contact for the out-of-court settlement of disputes relating to the contractual obligations arising from online sales contracts and online service contracts. The platform can be accessed at http://ec.europa.eu/consumers/odr/. We are not prepared to take part in a dispute settlement procedure before a consumer arbitration board.

 

17. General provisions.


These Terms and Conditions represent the legal agreement between you and us with regard to the additional offers. The section headings are provided for convenience only and shall not be understood to define or limit the scope or content of the respective sections. A waiver by either party of any condition or of a breach of these terms and conditions shall in no event constitute a waiver of the respective condition or of any subsequent breach thereof.

 

18. Contact us

 
If you have any questions, complaints or claims in relation to the additional offers and/or these terms and conditions, you can contact us at the following address:

Space Gravity GmbH

Schillerstr. 9
64859 Eppertshausen

Germany

info@space-gravity.com

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