TERMS OF SERVICE

1. Terms
By accessing this mobile application (‘Application’) you are agreeing to be bound by these Application Terms of Service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing the Application. The materials contained in this Application are protected by applicable copyright ans trademark law.

2. Use license
1. Permission is granted to download the Application for personal, non-commercial transitory viewing only. This is a grant of a license, not a transfer of title, and under this license you may not:

  • modify or copy the materials
  • use the materials for any commercial purpose or for any public display (commercial or non- commercial)
  • attempt to decompile or reverse engineer any software continued on the DayCaddy application
  • remove any copyright or other proprietary notations from the materials
  • transfer the materials to another person or ‘mirror’ the materials on any other server

2. This license shall automatically terminate if you violate any of the terms of this license and may be terminated by DayCaddy at any time. upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Acceptable use

1. You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (‘the Content’), whether posted public or transmitted privately, are the sole responsibility of the person from whom such Content originated. DayCaddy and its Licencees do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the application you may be exposed to Content that is offensive and/or indecent. DayCAddy and it Licensees will not be liable in any way for any Content or for any loss or damage of any kind resulting in the use of any Content transmitted via the Application and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.

2. In using the Application you agree NOT to:

  • use the application to send spam, pyramid schemes or any other unsolicited messages, commercial or otherwise;
  • post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful
  • post publish, distribute or disseminate material or information that incites discrimination, hate or violence towards and person, group on account of their race, religion, disability, nationality or otherwise;
  • threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
  • use any information or material in an manner that infringes any copyright, trademark, patent or other proprietary right of any party;
  • make available or upload files that contains a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
  • collect or store personal information about others, including email addresses;
  • advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages
  • impersonate any person or entity for the purpose of misleading other;
  • violate any applicable laws or regulations
  • us elf the Application in any manner that could damage, disable, overburden or impair the Application or interfere with any other party’s use and enjoyment of the Application
  • post publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractural or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
  • attempt to gain unauthorised access to the networks connected to the Application through hacking, password mirroring or any other means

3. DayCaddy and its Licensees have no obligation to monitor the Services but shall be entitled to review materials posted to a communications facility and, tour sole discretion, to remove any material that breaches the Terms of Service or is otherwise objectionable.

4. Intellectual Property
1. The Application and its content (including without limitation the design, text, graphics and all software and source codes connected with the Application) are protected by copyright, trade marks, patents and other intellectual property rights and laws. In accessing the Application you agree that you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Application for personal, non-commercial home use only.

2. By posting, uploading or submitting content through or within the Application, you are granting DayCaddy or its Licensees a world-wide, royalty free, non-exclusive license to copy, distribute, transmit, reproduce, public display, edit, modify, translate or publish such Content.

3. If you believe your work has been copied and posted on or through the Application in a way that constitutes copyright infringement, please contact us a support@daycaddy.com.

5. Disclaimer
The materials on the Application are provided ‘as is’. DayCaddy or its Licensees makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, DayCaddy or its Licensees do not warrant or make any representations concerning the accuracy , likely results, or reliability of the use of the materials on its Application or otherwise relating to such materials or on any external link.

6. Limitations
In no event shall DayCaddy or its Licensees be liable for any damages (including, with our limitation, damages for loss of data or profit, or due to business interruption), arising out of the use or inability to use the materials on the Application, even if DayCaddy or one of its Licensees had been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties,or limitations of liability for consequential or incidental damages , these limitations may not apply to you.

7. Revisions and content error
The materials appearing on the Application could include technical, typographical, or photographic errors. DayCaddy and its Licensees do to warrant that any of the materials in the Application are accurate, complete, or current. DayCaddy and its Licensees may make changes to the materials contained on its Application at any time without notice. DayCaddy and its Licensees do not, however, make any commitment to update materials.

8. Links
DayCaddy and its Licensees have not reviewed all of the links to external web sites and are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by DayCaddy or tis Licensees of the site. Use any of such linked web site is at the user’s own risk.

9. Application ‘Terms of Service’ modifications
DayCaddy may revise these terms of service for its Application at any time without notice. By using this Application you are agreeing to be bound by the then current version of these ‘Terms of Service’.

10. Governance
Any claim relating to this Application shall be governed by the laws of the Kanton of Graubünden, Switzerland without regard to it’s conflict of law provisions.

This application includes data from the following sources:
POI Content: MAIRDUMONT GmbH & Co. KG
Pictures: MAIRDUMONT GmbH & Co. KG, Flickr (Yahoo! Inc.), Wikimedia.
Events: CTS EVENTIM AG & Co. KGaA
rent-a-guide: rent-a-guide GmbH
Weather: The Dark Sky Company, LLC
Location services: Google Maps API

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