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TERMS OF SERVICE

Last revised: November 23rd, 2016
Acceptance of Terms
Caramba App Development B.V. (“Caramba Apps”) provides the Applications (as defined below), the related services, and the Caramba Apps website at http://www.caramba-apps.com (the “Site”) to you subject to the following Terms of Service (these “TOS”), which may be updated by Caramba Apps from time to time, with or without advance notice to you. You can review the most current version of these TOS at any time at http://www.caramba-apps.com/terms. By accessing and using any Applications, the Services and/or the Site, you accept and agree to be bound by the terms and provision of these TOS. In addition, when using the any Applications, the Services and/or the Site, you and Caramba Apps shall be subject to any additional applicable posted policies, terms, guidelines and rules , including the Caramba Apps Privacy Policy found at http://www.caramba-apps.com/privacy, which may be modified from time to time. All such policies, terms, guidelines and rules are hereby incorporated by reference into the TOS. As used herein, the “Application” or “Applications” shall mean the following applications:
EasyMeasure®,
Music TV,
AudioViz®,
NoseBall,
PlayerMatch,
Funny TV,
Travel TV,
Harlem Shake,
National Debt,
Floaty Balloon,
Birthday Hit,
Copters vs. Birds,
WatchList,
WatriX,
Snake for Watch,
LEDWatch,
Remote Battery,
WatchCalc,
Shower Watch,
Stats of the Netherlands,
Music For You,
EURO2016 Blocker,
360Tube,
VR Tube,
PokLoc,
DuoMeasure,
Wigglegram Maker;
“you”, “yours” and “User” shall mean the user of one or more Applications, the Services and/or the Site; "Caramba Apps", “we”, “us” and “our” shall mean Caramba App Development B.V., the owner and licensor of the Applications and the operator of the Site. These TOS are immediately effective upon your use of an Application, or your use of or access to the Services and/or the Site. If you do not agree to these TOS, you are required to immediately stop all use of and access to all Applications, the Services and the Site.
1. License. Caramba Apps has the sole authority and discretion to license to you the Applications, which licenses are also governed by the terms of the Licensed Application End User License Agreement found under “Terms of Service” in the iTunes Store for Applications on Apple platforms. We reserve the right to change, modify, and update any Application at any time for any reason, with or without advance notice to you. We reserve the right to refuse service to anyone and to discontinue or suspend the Services or Site at any time. We also reserve the right to deny you access to any Application, the Services or Site due to your objectionable conduct or practices, complaints about you from other Users or members of the public, and other reasons which we consider, at our sole discretion, to be objectionable, harmful or disruptive.
2. User Signup. We provide the Applications for your personal use. You are authorized to download the Applications via the iTunes App Store. You acknowledge that by downloading an Application via the iTunes App Store, you are subject to their respective policies, terms of service and other related policies and procedures. You are not required to register with us separately in order to download an Application or to use the Services. We reserve the right to charge for the Applications, or certain features enabled by an Application. In consideration of your use of one or more Applications, the Services and the Site, you represent that you are of legal age to agree to these TOS and to form a binding contract with us, and that you are not a person barred from receiving accessing or using any Applications or the Services under the laws of The Netherlands or other applicable jurisdiction. You are responsible for maintaining the confidentiality of personal or confidential information residing in your computer, cell phone or wireless device (collectively, “User Devices”), and are fully responsible for all activities that occur through your User Devices and through your use of an Application. You agree to immediately notify us of any unauthorized use of any Application or Services or any other breach of security that you become aware of. We cannot and will not be liable for any loss or damage arising from any unauthorized use of any Application, the Services or your User Devices.
3. Your Representations and Covenants. Your use of each of the Applications, the Services and the Site is strictly subject to the following code of conduct at all times. By using an Application, the Services and/or the Site, you represent and covenant that you will not:
• Transmit information, messages, images, photos, videos, files, personal or technical data, or any other type of information or content (collectively, “Content”) which is false, inaccurate, misleading, defamatory, or libelous;
• Transmit any Content that you have no rights to, or for which transmission by you would constitute infringement of third party intellectual property rights or other rights;
• Transmit identification documents or sensitive financial information about yourself or any other person;
• Transmit any viruses, malicious code, Trojan horses, worms, corrupted files, or any other similar software that may damage the operation of another’s computer, device, data or property, or transmit any other harmful or code technology;
• Bully, intimidate, or harass any User or member of the public;
• Transmit Content that is obscene, hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence;
• Do anything fraudulent, unlawful, misleading, malicious, or discriminatory in using an Application, the Services or the Site;
• Engage in any unruly, disruptive, unprofessional, or offensive conduct while using an Application, the Services or the Site;
• Violate any laws, third party rights, or any of your obligation under these TOS;
• Engage in unlawful multi-level marketing, such as a pyramid scheme, in using an Application, the Services or the Site;
• Transmit unauthorized commercial Content or commercial communications (such as spam) using an Application, the Services or the Site;
• Collect Content or information about any third party or us, or otherwise access an Application, the Services or the Site using automated means (such as harvesting bots, robots, spiders, or scrapers) without our express advance written permission;
• Use an Application, the Services or the Site to collect Content from users, whether for commercial use or any other kind of use, without first obtaining their consent and first making it clear that you (and not us) are the one collecting their Content, and posting a privacy policy explaining what Content you collect, how you will use it and how you will disclose it;
• Do anything that could disable, overburden, or impair the proper operation of an Application, the Services or the Site, such as a denial of service attack;
• Facilitate or encourage any violations of these TOS; and
• Use our Content or trademarks (including Caramba Apps, the Caramba Apps logo and the Application icons), or any confusingly similar marks (other than as part of your authorized use of an Application, the Services or the Site), without our prior written permission.
We may remove and/or block transmission of any Content or information that you transmit using an Application, the Services, the YouTube Services and/or Site if we believe it breaches the above representations and covenants. We may also, at our sole discretion, with immediate effect and without advance notice to you, restrict or terminate your access to any Application, the Services, the YouTube Services and/or Site, upon your breach of any of the above representations and covenants. All judgments concerning the applicability of the above terms to your activity shall be at our sole and exclusive discretion.
4. Usage of the Services, YouTube Services and Site.
You acknowledge that Caramba Apps may establish general practices and limits concerning use of the Services and Site at any time, at our discretion, including without limitation the maximum amount of YouTube videos that can be retrieved by an account, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services and Site in a given period of time. You further acknowledge that we reserve the right to modify these general practices and limits from time to time.
The Services and certain Applications contain functionality which allows you to use YouTube services through such Applications (“YouTube Services”). These TOS do not cover your use of the YouTube Services or the terms covering your YouTube account. Your use of your YouTube account and the YouTube Services is covered by the User Agreement that you agreed to when you opened your YouTube Account, as may be amended from time to time. You acknowledge that your use of the YouTube Services must comply with YouTube’s Terms of Service, which can be found at http://www.youtube.com/t/terms.
5. Consent to Electronic Communications, Transmissions, Storage and Solicitation. We may send you communications or data regarding an Application, the Services, the YouTube Services or the Site, including but not limited to (i) notices about your use of an Application, the Services, the YouTube Services and/or the Site, including any notices concerning your use or violations of applicable terms and conditions, (ii) updates, and (iii) promotional information and materials regarding our products and services, via an Application or Services, or via electronic mail (if you provide us your email address (such as sending us a message regarding an Application)). In order to use any of the Applications and Services, you hereby grant permission for us and our software to access and utilize your IP address, and the processor, storage, type, software version, unique identifier and bandwidth of your User Device and network to provide us with certain information about your usage patterns, Session Data (as defined in our Privacy Policy found at http://www.caramba-apps.com/privacy), and other information about your usage experience. We will use this information as described in the Privacy Policy. You understand that the technical processing and transmission of an Application, the Services and the YouTube Services, including your user content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices, and you accept and agree to these uses. As a result, and also as a result of our network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to these TOS, you acknowledge that use of the Services may result in interstate data transmissions. Although we encrypt transmissions between User devices and our servers, such encryption may not prevent unauthorized viewing of the data, and you should not have any expectation of privacy or security regarding your communications using an Application, the Services or the Site. Always use caution when transmitting personal information. Additionally, we may add features to any Application or Services which will become effective automatically. If we provide you with the ability to opt-out of such features, you may do so in the manner we provide.
6. Release of Claims. WE PROVIDE THE APPLICATIONS, THE SERVICES, ACCESS TO THE YOUTUBE SERVICES AND THE SITE FOR YOUR PERSONAL USE AND WE DO NOT ACCEPT RESPONSIBILITY FOR, AND HEREBY DISCLAIM ALL LIABILITY OR DAMAGES ARISING FROM, ANY MEASUREMENTS TAKEN, ANY VIDEOS SHOWN OR ANY DATA SHOWN BY THE APPLICATIONS. IN THE EVENT YOU HAVE A DISPUTE WITH ANOTHER USER, YOU HEREBY RELEASE US (AND OUR DIRECTORS, OFFICERS, AGENTS, ASSIGNS AND EMPLOYEES) FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, AGENTS, ASSIGNS AND EMPLOYEES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
7. Intellectual Property Rights. “Caramba,” “Caramba Apps,” “Caramba App Development”, "Caramba App Development B.V.", "EasyMeasure", "AudioViz" and all other trademarks, service marks, slogans, tag lines, graphics and logos used in connection with Caramba, the Applications, the Services and/or the Site are trademarks or registered trademarks of Caramba App Development B.V.. YouTube and the YouTube logo are trademarks of YouTube, Inc. Other trademarks, service marks, graphics and logos used in connection with the Site or platform may be the trademarks of other third parties. Your use of the Applications, the Services or the Site in no way grants you any right or license to reproduce or otherwise use any of our trademarks, third-party trademarks, or any content developed by us or by third parties, except for the normal use of such marks as part of your authorized use of an Application. All use of any such marks shall inure to the owner thereof.
8. Privacy Policy. You hereby authorize us to collect certain personal data about you. Your use of any Application, the Services and the Site is subject to our Privacy Policy found at http://www.caramba-apps.com/privacy, which is hereby incorporated into these TOS.
9. Termination. These TOS are terminable at any time by either party. If you terminate these TOS, you agree to no longer access or use any Application, the Services or the Site and you must delete all copies of all Applications from all User Devices in your possession. Should you choose to re-access any Application, the Services and/or the Site in the future, your use will be deemed as your acceptance of the TOS in effect at the time when you re-access that Application, the Services and/or the Site.
10. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE AN APPLICATION, THE SERVICES, THE YOUTUBE SERVICES OR THE SITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TOS, THE APPLICATIONS, THE SERVICES, THE YOUTUBE SERVICES AND/OR THE SITE WILL NOT EXCEED TWENTY DOLLARS ($20). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN ALL SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
11. Disclaimer of Warranties. WE ARE PROVIDING THE APPLICATIONS, THE SERVICES AND THE SITE TO YOU “AS IS”. WE DO NOT GUARANTEE THAT YOUR USE OF THE APPLICATIONS, THE SERVICES, THE YOUTUBE SERVICES OR THE SITE WILL BE SAFE OR SECURE. USE OF ALL APPLICATIONS, THE SERVICES, THE YOUTUBE SERVICES AND THE SITE IS AT YOUR OWN RISK. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATIONS, THE SERVICES, THE YOUTUBE SERVICES AND THE SITE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OF, ACCESS TO, ENJOYMENT OF THE APPLICATIONS, THE SERVICES, THE YOUTUBE SERVICES AND THE SITE, THAT THE FUNCTIONS CONTAINED IN THE APPLICATIONS, THE SERVICES, THE YOUTUBE SERVICES OR THE SITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF ANY APPLICATION, THE SERVICES, THE YOUTUBE SERVICES OR THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN AN APPLICATION, THE SERVICES, THE YOUTUBE SERVICES OR THE SITE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AN APPLICATION, THE SERVICES, THE YOUTUBE SERVICES, THE SITE, OR ANY OF OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
12. Indemnification. You agree to indemnify, defend and hold harmless, Caramba App Development B.V. and their respective officers, directors, employees, agents, licensors, representatives, and third party providers, to and from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these TOS or of any applicable law by you, or due to or arising out of (i) any Content you submit, post, transmit, distribute, publicize or otherwise make available through an Application and/or the Services, or (ii) any of your actions or omissions when using an Application, the Services, YouTube Services and/or the Site. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
13. Governing Law. These TOS will be governed by and construed in accordance with the Dutch laws, as applied to agreements entered into and to be performed entirely within The Netherlands between Dutch residents, without regard for conflict of laws principles. English shall be the governing language for these TOS.
14. Venue; Agreement to Exclusive Jurisdiction; No Obligation for User Disputes. You agree that you will resolve any claim, cause of action or dispute you have with us arising out of or relating to these TOS or the use of any Application, the Services or the Site exclusively in a court located in The Netherlands. You hereby agree to submit to the personal jurisdiction of the courts located in The Netherlands for the purpose of litigating all such claims. We are not responsible for addressing any disputes between any Users. In the event of a concern, claim or dispute, Users shall communicate directly with the other party in resolving such concern, claim or dispute. In the event we receive complaints about a User, we will investigate the complaint at our sole discretion and may direct the User to respond to the other party directly.
15. Notices. Unless specifically provided otherwise, all notices to us under these TOS must be provided by certified mail at the sending party’s expense. We may also provide notice to you by push notification in an Application. Notice sent by mail shall be deemed given three (3) days after the date of mailing or on the date of push notification transmission. Our address for notices is: Le Bron de Vexelastraat 18, 6042AR Roermond, The Netherlands, Attn: Legal Department.
16. Additional Policies. In addition to these TOS and the Privacy Policy, we may develop new policies governing the user experience that we post on the Site (collectively, “Policies”), which shall be effective upon posting. Our Policies may be changed from time to time and such changes take effect when we post them on the Site. When using particular services on an Application, or any Services or Site, you are subject to any posted Policies applicable to such services, which may be posted from time to time. You agree to observe and act in accordance with the Policies. In the event you fail to do so, you agree to promptly correct your action when notified by us.
17. Amendments. We reserve the right, at our sole discretion, to change, modify or otherwise alter these TOS at any time. You can find the most recent version of these TOS at http://www.caramba-apps.com/terms, with the date of last modification noted above. Such modifications shall become effective immediately upon the posting thereof. Therefore, we encourage you to check the date of these TOS whenever you use any Application, Services or the Site to check if they have been updated. You must review these TOS on a regular basis to keep yourself apprised of any changes. If you do not agree to the revised TOS, your sole recourse is to immediately stop all use of all Applications, the Services and the Site. Your continued use of any Application, the Services or the Site following the posting of modifications will constitute your acceptance of the revised TOS. Should you have any questions regarding the use of an Application, please contact us at: info@caramba-apps.com. None of our employees or agents have the authority to vary any of our Policies or these TOS.
18. Waiver. The failure to act with respect to a breach by the other party or by others does not waive a party’s right to act with respect to subsequent or similar breaches.
19. Assignment. You will not transfer any of your rights or obligations under these TOS to anyone else without our consent. All of our rights and obligations hereunder are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
20. Legal Enforcement. We reserve the right to take steps that we believe are reasonably necessary or appropriate to enforce or verify compliance with any part of these TOS. You agree that we have the right without liability to you to disclose any of your personal information to law enforcement authorities, government officials and or a third party as we believe is reasonably necessary or appropriate to enforce or verify compliance with any part of these TOS. In addition, we may disclose information pursuant to subpoenas, court orders, or other requests (including criminal and civil matters) if we have a good faith belief that the response is required by law. This may include respecting requests from jurisdictions outside of The Netherlands where we have a good faith belief that the response is required by law under the local laws in that jurisdiction, apply to Users from that jurisdiction, and are consistent with generally accepted international standards. We may also share information when we have a good faith belief it is necessary to prevent fraud or other illegal activity, to prevent imminent bodily harm, or to protect ourselves and you from people violating these TOS. This may include sharing information with other companies, lawyers, courts or other government entities. Nothing in these TOS shall prevent us from complying with applicable laws.
21. Third Party Beneficiary Rights. These TOS do not confer any third party beneficiary rights.
22. Survival. The following sections shall survive the termination of these TOS: Sections 3 through 27.
23. Headings. Headings are for reference purposes only and do not limit the extent or scope of the corresponding Section.
24. Severability. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of these TOS shall continue in full force and effect.
25. Entire Agreement. These TOS and all Policies incorporated herein constitute the entire agreement between the parties with respect to the use of the Applications, the Services and Site and supersedes all prior or contemporaneous understandings regarding such subject matter, whether oral or written, with the exception of any additional terms and conditions you are required to accept if you choose to use any of our additional services.
26. Special Provisions Applicable to Users Outside the The Netherlands. The following provisions apply to users outside The Netherlands: You consent to having your personal data transferred to and processed in The Netherlands. If you are located in a country embargoed by The Netherlands, you will not engage in commercial activities using any Application.
27. If you believe in good faith that Content transmitted through any Applications, the Services and/or the Site infringe your copyright, you (or your agent) may send us a notice requesting that we remove the Content or block access to it. Please provide the following information: (i) an*** electronic or physical signature of the owner (or person authorized to act on behalf of the owner) of the copyrighted work; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) information reasonably sufficient to permit us to locate the copyrighted work; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. We shall have the right to transmit the notification to the User who has transmitted or received the allegedly infringing material, and to transmit any counter-notification to the complaining party. We reserve the right at our sole discretion to suspend, terminate or disconnect any User’s access to and use of any Application and/or the Services if we suspect that such User has engaged in more than one instance of copyright infringement. Although we will remove any confirmed copyrighted material, We are not financially and legally liable for the historical use of this material.
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