Terms of use The Sky by Redshift

1. Subject Matter of the Terms of Use

  1. These General Terms of Use (“Terms of Use”) shall govern the use of services and software products offered by United Soft Media Verlag GmbH, Thomas-Wimmer-Ring 11, 80539 Munich, Germany (“USM‬”) on its platform, consisting of the Redshift Sky software (Redshift Sky Pro, The Sky by Redshift, and Solar Eclipse Guide) and websites under the domain www.redshiftsky.com and associated sub-sites, including information media and communications areas (such as a forum or similar services and associated social media services) (jointly referred to as “Redshift Sky”).
  2. USM‬ offers Redshift Sky exclusively to individuals, who use Redshift Sky as consumers and for private purposes. Any use of Redshift Sky for commercial purposes is expressly prohibited. Exceptions shall require the express, prior written consent by USM or the purchase by special purchase programs for educational institutions or similar. Apart from these, only individual natural persons are permitted as users.
  3. Redshift Sky may be used in the form of paid services as well as freely accessible functions and services; additional contents and special functions may be acquired with a subscription. Unless expressly provided otherwise herein, these Terms of Use shall apply both to the free and to the paid use of Redshift Sky.
  4. USM does not represent, warrant or guarantee the accessibility or availability of the services of Redshift Sky. USM‬ shall be entitled to interrupt the operation and availability of Redshift Sky for necessary technical reasons or due to required maintenance work without advance notice. Temporary restrictions may also arise due to technical failures such as interruption of telecommunications, the power supply, hardware and software errors, technical failures of service providers or other technical failures. To the extent permitted by the circumstances, advance notice of restrictions will be given within a reasonable time period.
  5. Users are to ensure the up-to-date status and suitability of the software and hardware used, in order to be able to use Redshift Sky.

2. Subscription and advertisement

  1. In order to provide the service free of charge The Sky by Redshift shows advertisements in the free to use version. These advertisements are powered by a third party tool: addapptr www.addapptr.com
  2. Additional content, special functions and/or a removal of advertising may be acquired with subscriptions within Redshift Sky and The Sky by Redshift.
  3. Where users acquire fee-based services via the Google Play Store, Amazon App Store, Apple App Store or a similar platform (“third-party platform”), the terms of such third-party platform will apply supplementary to these Terms.
  4. Upon concluding fee-based subscriptions (“Subscriptions”), for the (minimum) term selected users are granted access to special advantages in Redshift Sky (for example, special functions), which are not provided to non-subscribers.
  5. Users select the (minimum) subscription term and thus the price payable. The amounts payable for the membership must be paid in advance at the beginning of the respective membership term.
  6. The subscription may be terminated at any time at the end of the respective term via the respective App Store. Subscriptions will automatically be extended upon expiry of the contract period in each case by an additional term corresponding to the selected contract term. Memberships will not be extended if the contract was terminated at the due date.

3. Use of Redshift Sky

Redshift Sky contains contents (data, images, texts, graphics, pieces of music, sounds, sound sequences, videos, programs as well as software codes and all service offers provided for download) protected by trademark laws, copyright laws and in other ways for the benefit of USM or for the benefit of third parties. Unless expressly authorized by USM or statutory exceptions, users are not entitled to edit, to duplicate, to distribute, to communicate to the public, to advertise with Redshift Sky or contents provided by it, or to use such beyond the contractually agreed purpose. Only technical duplication for purposes of the intended use of Redshift Sky is permitted. Copyright notices and brand names may not be changed and not suppressed or removed.
Users undertake to refrain from all measures endangering or interfering with the functionality of Redshift Sky, and from accessing data, which users are not entitled to access.

4. Liability

  1. USM‬ is liable in accordance with the statutory provisions for any damage incurred by the user, which has been caused by intentional or grossly negligent behaviour of USM or its vicarious agents, as well as for personal injuries and damage in accordance with the German Product Liability Act. ‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬
  2. Otherwise, the liability of USM for damage claims, irrespective of the legal grounds, is always limited to the amount of the fees paid to USM by the individual user.
  3. The above limitations of liability shall also apply with respect to USM’s vicarious agents.
  4. USM‬ is not liable for any costs incurred by the user for the use of payment systems.

5. Data Protection

The protection of your data and your personal privacy is important to USM. You can find information on how we collect, use and, where applicable, transfer personal data in our privacy policy.

6. Final Provisions

  1. These Terms of Use shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding the UN Convention on the International Sale of Goods. Where users as consumers have their usual place of residence in another country within the European Union at the time of the respective conclusion of a contract (registration, acquisition of fee-based services), the application of mandatory statutory provisions of that country will remain unaffected by the choice of law made in sentence 1 of this paragraph.
  2. USM‬ reserves the right to amend these Terms of Use. If a user does not object to the validity of the new Terms of Use or uses the contents of the Redshift Sky after the amended Terms of Use have entered into force, the new Terms of Use are deemed accepted.
  3. Any provision of these Terms of Use is to be interpreted separately and independently. Should a provision of these Terms of Use be ineffective or unenforceable in whole or in part, the effectiveness of the remainder of these Terms of Use shall remain unaffected.
  4. Any notices, objections or complaints are to be addressed in writing toUnited Soft Media Verlag GmbH
    Thomas-Wimmer-Ring 11
    80539 Munich
    or by email to info@usm.de
  5. The contract language is German. If copies of the contract or parts thereof are additionally made available in another language, in the event of lack of clarity or deviations the German-language version shall prevail.