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One Touch Location App - Terms of Service

One Touch Location App is a service developed, owned and hosted by creative workline GmbH, with creative workline GmbH being the legal entity.

1. Terms

By accessing this web site and/or mobile application, you are agreeing to be bound by these web site/ mobile application Terms and Conditions of Use, 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 this site / mobile application. The materials contained in this web site and mobile application are protected by applicable copyright and trade mark law.

2. Use License

a. Permission is granted to temporarily download one copy of the materials (information or software) in Google Play or Apples iTunes for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

i. modify or copy the materials;

ii. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

iii. attempt to decompile or reverse engineer any software contained on creative workline GmbH’s web sites (including http://onetouchlocation.creativeworkline.com/) and/or mobile application;

iv. remove any copyright or other proprietary notations from the materials; or

v. transfer the materials to another person or “mirror” the materials on any other server.

b. This license shall automatically terminate if you violate any of these restrictions and may be terminated by creative workline GmbH 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. Disclaimer

The materials on creative workline GmbH´s web site and/or mobile application are provided “as is”. creative workline GmbH makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, or non-infringement of intellectual property or other violation of rights. Further, creative workline GmbH does not warrant or make any representations concerning the accuracy, likely results, mobile network availability, mobile network reception on its Internet web site and/or mobile application or on any sites linked to this site.

4. Your Content and Information

All information, data, text, photographs, graphics video, messages, or other materials (”Content”) you create using One Touch Location App is solely your responsibility. You must evaluate and bear all risks associated with the use of any of your Content. You represent and warrant to creative workline GmbH that:

  1. You and your authorized users have the full right, power, and authority to perform any function with relation to the Content (including without limitation uploading, posting, reproducing, distributing, publicly displaying and making derivative works from the Content) that you or they perform via One Touch Location App;
  2. Your use and the use by your authorized users of the Content does not and will not infringe any copyright or right of privacy, violate any statutory or common law right; interfere with any intellectual property or other proprietary rights of any third party; or contain any matter that is libelous or otherwise in contravention of law; and
  3. Your Information will be true, accurate, current and complete at all times. All information you provide to us through any feature on this website or mobile application will be referred to as “Your Information.” creative workline GmbH will only use Your Information in accordance with our Privacy Policy. We act merely as a passive conduit for your creation, mailing and uploading or storing of your Content, in reliance on your representations and warranties in this User Agreement.

We reserve the right to reject any Content in violation of this policy.

We store the following data on the server if you enable the “GPS Tracking” functionality in the mobile application: The name you provide, the e-mail address you provide, the password you provide, information about your app version and language, your IP address, a user/device ID, GPS coordinates, the address, and a timestamp of the tracking.

5. Limitations

In no event shall creative workline GmbH or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the content on creative workline GmbH Internet site or Mobile Application, even if creative workline GmbH or a creative workline GmbH authorized representative has 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.

creative workline GmbH shall not be liable if anything happens to you while using our service. Our service helps you to easily discover your current position and address, trace and share your position with others and explore interesting places around you. creative workline GmbH can never guarantee the accuracy of your GPS position or other data so do not rely on it. Our service is intended for personal use only and we do not guarantee a certain uptime although we are trying to minimize outages. You are solely responsible to restrict access to any online saved GPS tracks by defining a secure access password, changing that password over time and sharing your track URLs only to people you trust.  

The Application will only work as long as you have network available on your mobile device and is dependent on platform enabled geo-positioning features such as GPS and WiFi. If you are out of network or without an accurate GPS fix, the application might not work. Also, a started service of GPS Tracking or places exploring might stop due to system restrictions. It is your sole responsibility to restart the services and check if they are running and working correctly.

6. Revisions and Errata

The materials appearing on creative workline GmbH’s web site and mobile application could include technical, typographical, or photographic errors. creative workline GmbH does not warrant that any of the materials on its web site or mobile application are accurate, complete, or current. creative workline GmbH may make changes to the materials contained on its web site and/or mobile application at any time without notice. creative workline GmbH does not, however, make any commitment to update the materials.

7. Links

creative workline GmbH has not reviewed all of the sites linked to its Internet web site and/or mobile application and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by creative workline GmbH of the site. Use of any such linked web site is at the user’s own risk.

8. Site Terms of Use Modifications

creative workline GmbH may revise these terms of use for its web site and mobile application at any time without notice. By using this web site and/or mobile application you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

9. Governing Law

Any claim relating to creative workline GmbH’s web site and mobile application shall be governed by the laws of Germany without regard to its conflict of law provisions. General Terms and Conditions applicable to Use of a web site and/or mobile application.

10. 3rd part contact

By accepting these terms & conditions you give creative workline GmbH the right to contact you in the future. You also accept that creative workline GmbH’s and One Touch Location App’s chosen partner(s) may contact you in the future.

Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

  1. Before or at the time of collecting personal information, we will identify the purposes for which information is being collected
  2. We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
  3. We will only retain personal information as long as necessary for the fulfillment of those purposes.
  4. We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
  5. Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
  6. We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
  7. We will make readily available to customers information about our policies and practices relating to the management of personal information.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

Special notice for „GPS Tracking“ Feature: You hereby also confirm, that through the activation of the GPS Tracking service third parties may see the route and data of the outdoor activity on the online portal onetouchlocation.creativeworkline.com. The activation of GPS Tracking is voluntary and can be enabled and disabled at any time. You accept the responsibility for activating the GPS Tracking feature and are at your own risk and peril. creative workline GmbH accepts no liability for the resulting problems or threats.

Note: If you do not want to give third parties access to your GPS routes GPS Tracking shall not be activated and the access link shall not be sent to third parties. Be aware that third parties could pass on the link to others who will be able to see your data as well. By changing the password previously sent links become invalid and thus the receivers cannot access the data any more. You can also delete your recorded waypoints from within the app.

Privacy Policy for Usage of Facebook-Plugins (Like-Button, Comments):
Our pages integrate plugins of the social network Facebook, 1601 South California Avenue, Palo Alto, CA 94304, USA. You can recognize Facebook-plugins by the Facebook-Logo or the addition "Facebook Social Plugin" or the "Like-Button" ("Like") on our pages. You can find an overview of Facebook-plugins here: http://developers.facebook.com/docs/plugins/
When visiting our pages, the plugin establishes a connection between your browser and the Facebook-server. Thereby Facebook gains information on the fact that you visited our site by your IP-address. If you interact with the plugins, e. g. you click on the Facebook "Like-Button" or enter a comment, while being logged on to your Facebook-Account, you link the contents of our pages to your Facebook-profile. Thereby Facebook can correlate your visit of our site with your user account. We point out that we as provider of the pages do not have any knowledge of the content of the transmitted data as well as no knowledge of its usage by Facebook. You can find more information on that issue in the privacy policy of Facebook at: http://www.facebook.com/about/privacy/
If you do not want to have Facebook correlate your visit on our site with your Facebook-account, please log out from your Facebook-account.

Last updated: August 23, 2012

Contact us: office@creativeworkline.com


Impressum:
creative workline GmbH, Arkonaplatz 8, 10435 Berlin. Telefon: +49 30 23320715
Unternehmensgegenstand: IT Consulting & Solutions, Handelsregister: AG Charlottenburg HRB 139903 B
Geschäftsführer: Jonas Soukup, UID-Nummer: DE281424429