/ Terms/EULA


IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL: SPITCONSULT's End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and SPITCONSULT for the SPITCONSULT software product(s) identified above which may include associated services, software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program and associated services between you and SPITCONSULT, and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

  1. GRANT OF LICENSE. The SOFTWARE PRODUCT is licensed as follows:
    1. Installation and Use. SPITCONSULT grants you the right to install and use copies of the SOFTWARE PRODUCT on your smartphone running a validly licensed copy of the operating system for which the SOFTWARE PRODUCT was designed [Android].
    2. Backup Copies. You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.
    1. Maintenance of Copyright Notices. You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT.
    2. Distribution. You may not distribute registered copies of the SOFTWARE PRODUCT to third parties. Evaluation versions available for download from SPITCONSULT's websites may be freely distributed.
    3. Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
    4. Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
    5. Support Services. SPITCONSULT may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.
    6. Compliance with Applicable Laws. You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
  3. TERMINATION Without prejudice to any other rights, SPITCONSULT may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT in your possession.
  4. COPYRIGHT All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by SPITCONSULT or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by SPITCONSULT
    1. The Terms form a legally binding agreement between you and SPITCONSULT in relation to your use of the Service.
    2. In order to use the Service, you must firstly agree to the Terms. You may not use the Service if you do not accept the Terms.
    3. You can accept the Terms by simply using the Service. You understand and agree that SPITCONSULT will treat your use of the Service as acceptance of the Terms from that point onwards.
    4. You may not use the Service and may not accept the Terms if
      1. you are not of legal age to form a binding contract with SPITCONSULT, or
      2. you are a person who is either barred or otherwise legally prohibited from receiving or using the Service under the laws of the country in which you are resident or from which you access or use the Service.
    5. SPITCONSULT reserves the right to make changes the Terms from time to time. The modified version of the Terms (the "Modified Terms") will be posted at TagCommenter's homepage.
    6. If you do not agree to the Modified Terms you must stop using the Service. Your continued use of the Service after the date the Modified Terms are posted will constitute your acceptance of the Modified Terms.
    7. SPITCONSULT hereby grants you permission to access and use the Service, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part:
      1. you agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Service or features that
        1. prevent or restrict use or copying of Content or
        2. enforce limitations on use of the Service or the content accessible via the Service;
      2. you agree not to use the Service for any commercial uses unless you obtain SPITCONSULT's prior written approval;
      3. you agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Service in a manner that sends more request messages to the TagCommenter servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser or smartphone;
      4. you agree not to collect or harvest any personal data of any user of the Website or any Service;
      5. you agree not to use the Website or the Services for the solicitation of business in the course of trade or in connection with a commercial enterprise;
    8. You agree that you will comply with all of the other provisions of the Terms at all times during your use of the Service and that you will comply with the following interdictions concerning comments and pictures:
      TagCommenter interdicts
      • pornography or sexually explicit content,
      • bad stuff like animal abuse, drug abuse, or bomb making,
      • graphic or gratuitous violence,
      • shocking contents and pictures,
      • breaching copyrights,
      • hate speech (speech which attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and sexual orientation/gender identity),
      • stalking, threats, harassment, invading privacy, or the revealing of other members' personal information,
      • large amounts of untargeted, unwanted or repetitive content.
      • comments/pictures which contain material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for SPITCONSULT to use or possess in connection with the provision of the Service.
      • On becoming aware of any potential violation of these Terms, SPITCONSULT reserves the right (but shall have no obligation) to decide whether Content complies with the content requirements set out in these Terms and may remove such Content and/or suspend a User for posting Content in the future, without prior notice and at its sole discretion.
    9. You acknowledge and agree that the form and nature of the Service which TagCommenter provides may change from time to time without prior notice to you.
    10. As part of this continuing innovation, you acknowledge and agree that SPITCONSULT may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at SPITCONSULT's sole discretion, without prior notice to you.
    11. You agree that you are solely responsible for (and that SPITCONSULT has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which SPITCONSULT may suffer) of any such breach.
    12. You further understand and acknowledge that in using the Service, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SPITCONSULT with respect to any such Content.
    13. When you upload or post Content to TagCommenter, you grant: to SPITCONSULT, a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and SPITCONSULT's business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels;

      to each user of the Service, a worldwide, non-exclusive, royalty-free licence to access your Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the functionality of the Service and under these Terms.
    14. The Service may include hyperlinks to other web sites or content providers that are not owned or controlled by SPITCONSULT. SPITCONSULT has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
    15. You acknowledge and agree that SPITCONSULT is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
    16. You acknowledge and agree that SPITCONSULT is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
    17. You acknowledge and agree that your comments/pictures are removed from TagCommenter and you are suspended for posting content to TagCommenter in the future in case you breach any provision of the Terms or SPITCONSULT is required to do so by law.
    SPITCONSULT expressly disclaims any warranty for the SOFTWARE PRODUCT and the SERVICES. The SOFTWARE PRODUCT and the SERVICES are provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. SPITCONSULT does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT or created by the SERVICE. SPITCONSULT makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. SPITCONSULT further expressly disclaims any warranty or representation to Authorized Users or to any third party. nNothing in the Terms shall affect any statutory rights that you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
    In particular SPITCONSULT does not represent or warrant to you that:
    In no event shall SPITCONSULT be liable for any damages (including, without limitation, personal injury, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the SOFTWARE PRODUCT, even if SPITCONSULT has been advised of the possibility of such damages. In no event will SPITCONSULT be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. SPITCONSULT shall have no liability with respect to the content of the SOFTWARE PRODUCT or the SERVICE or the SERVICE itself or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information. The limitations on SPITCONSULT's liability to you shall apply whether or not SPITCONSULT has been advised of or should have been aware of the possibility of any such losses arising. Nothing in these Terms shall exclude or limit SPITCONSULT's liability for losses which may not be lawfully excluded or limited by applicable law.
    If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
    TagCommenter is funded by advertisement. Therefore informations about your actual location may be used to present you tailored advertising.
    Additionally, each time you post a comment to TagCommenter - and only in this case - device-specific informations of your smartphone (such as unique device identifiers, and mobile network information including phone number) are collected and stored:
    1. to identify you in case you breach any provision of the Terms and therefore have to be suspended from posting comments in the future
    2. or SPITCONSULT is required to identify you to:
      1. meet any applicable law, regulation, legal process or enforceable governmental request,
      2. enforce applicable Terms of Service, including investigation of potential violations,
      3. detect, prevent, or otherwise address fraud, security or technical issues,
      4. protect against harm to the rights, property or safety of Google, our users or the public as required or permitted by law.
    Only in these cases the stored device-specific informations of your smartphone are used.

    Apart from that, personal informations are collected only to use the services of the app.

    Installation of app
    To install the apps you have possibly to contract with a third party (e.g. Google Play Store) for using the portal or online shop. The author is not party of this contract and cannot influence the data processing of the third party. Read the privacy policies of the third party to learn the usage of data by the portal or online shop.

    The app itself needs the following permissions: