Terms of Use BaRCal
In
these
Terms
of
Use
we
inform
you
about
your
rights
and
obligations
as
a
user
of
the
game
Barcal
(the
“game”).
Please
read
these
Terms
of
Use
and
our
Privacy
Policy
http://www.Liccal.de
carefully.
If
you
are
underage,
have
your
parents
read
them
too.
Save
these
Terms
of
Use
and
our
privacy
policy
on
https://www.Liccal.de
and
contact
us
at
info@Liccal.de,
if
you
have
any
questions.
Before
you
start
the
game
for
the
first
time,
you
will
be
prompted
by
us
to
accept
the
general
terms
of
use.
Please
also
read
our
privacy
policy, which you can find at
https://liccal.de
or in the app under "Privacy Policy".
1.
Parties involved and subject of these Terms of Use
These
Terms
of
Use
regulate
the
user
relationship
between
you
and
us,
Dr.
Rene
Schmitz,
Sattelstrasse
90B,
70327
Stuttgart
(“we”)
in
relation
to
the
use
of
the
game.
The
subject
of this contract is the paid use of the software we offer under the name BaRCal for Android and iOS services (hereinafter "BaRCal").
2.
Description of services / rights of use
2.1.
The app is offered in English only.
2.2.
We
basically
enable
you
to
participate
in
the
game
by
providing
the
game
via
Googles
Play
Store
and
Apple's
App
Store.
For
this
you
will
be
provided
with
the
simple,
non-sub
licensable,
non-transferable,
revocable
at
any
time,
for
the
term
of
our
contract
of
use
and
in
accordance
with
these
Terms
of
Use
granted
limited
right
to
the
then
current
version
of
the
Game
by
means
of
telecommunications
and
to
use
them
in
accordance
with
these
Terms
of
Use.
You
will
not
receive
additional
rights,
in
particular
to
the
game,
the
software application on which the game is based or the operating software.
2.3.
The
game
is
aimed
exclusively
at
consumers.
According
to
the
legal
definition,
a
consumer
is
any
natural
person
who
concludes
a
legal
transaction
for
purposes
that
are
predomi
-
nantly neither commercial nor commercial attributed to its independent professional activity.
You
will
use
the
game
only
for
your
personal
entertainment,
for
example
to
play
with
the
parameters
of
a
lithium-ion
cell
to
experiment.
You
are
not
allowed
to
use
the
game
beyond
the
use
permitted
under
this
Agreement
(in
particular,
you
may
not
use
the
game
as
a
basis
for
technical
calculations,
e.g
not
as
a
basis
for
the
technical
design
and
evaluation
of
lithium-ion
cells,
their
cost
assessment
or
the
estimation
of
the
required
amounts
of
material
for
research
purposes).
The
use
of
the
game
for
commercial
or
other
business purposes is expressly prohibited. You will also not allow third parties to use the game or make it accessible to third parties.
2.4.
As part of your use of the game, you are prohibited to:
•
use the game for commercial or promotional purposes;
•
use the game on more than one device at the same time;
•
copy, reproduce, distribute, display or use the game in any way not expressly authorized in this agreement;
•
sell, rent, license, distribute or otherwise grant the game transfer;
•
reverse engineer the game, derive the source code, modify, adapt, to translate, decompile or disassemble or create derivative works based on them to create;
•
use the game to infringe or violate the rights of any third party, in particular intellectual property rights (e.g. image rights);
•
use the game in violation of any applicable law or regulation;
•
Game abandonment, game sabotage;
•
Sending spam, social engineering or attempted fraud.
3.
Minimum age
To accept these Terms of Use and play the game without the prior consent of your legal guardians, you must be at least 14 years old. If you are not yet 14 years old, we reserve the
right to condition the use the game on the approval of your legal guardians.
4.
Accomplishment of permission for use contract
When
registering
via
mobile
apps,
the
accomplishment
of
permission
for
the
use
contract
depends
on
the
rules
of
the
respective
provider
of
the
app
store
(e.g.
Apple,
Google
etc.).
Your
contractual
partner
is
the
provider
of
the
app
stores.
There
is
no
contractual
relationship
between
us
and
you.
As
a
rule,
the
contract
comes
about
when
you
click
on
the install field in the respective store and, if necessary, your enter password.
5.
Liability
Since
we
are
not
your
contractual
partner,
we
have
no
contractual
liability.
Should
we
nevertheless
be
legitimately,
contractually
claimed,
the
following
rules
on
limitation
of
liability
shall apply: Regardless of the legal basis, we are liable for damage due to intent and gross negligence or the lack of a guaranteed property is generally unlimited.
If we transgress one essential contractual obligation with slight negligence, our liability is on the typical, foreseeable damage limited.
An
essential
contractual
obligation
is
any
obligation
that
is
necessary
for
the
performance
of
contractual
purposes,
and
on
the
fulfillment
of
which
you,
as
a
consumer,
can
or
could
have
relied.
Our
liability
in
the
event
of
injury
to
life,
limb
or
health
for
which
we
are
responsible
remains
unaffected
by
the
aforementioned
restrictions.
For
the
rest,
our
liability
is
excluded.
To
the
extent
that
our
liability
is
excluded
or
limited,
the
exclusion
or
limitation
shall
apply
restriction
also
in
favor
of
our
employees
and
agents.
Claims
under
the Produkthaftungsgesetz remain unaffected by the aforementioned liability exclusions or -restrictions.
6.
Privacy
We process your personal data in accordance with applicable law, as set out in our
privacy policy
. The Privacy Policy is available within the app at any time.
7.
Storage of these Terms of Use
You can access these conditions at
https://liccal.de
and save them.
8.
Changes
We
reserve
the
right
to
agree
supplementary
conditions.
We
are
entitled
to
this
Terms
of
Use
to
change
six
weeks
in
advance.
You
will
be
notified
of
the
change
upon
opening
the
app informed and asked to accept the changed terms of use.
9.
Applicable Law, venue and contract language
Only
German
law
applies
between
the
parties,
excluding
the
UN
Sales
Convention
(CISG).
In
business
transactions
with
consumers
within
the
European
Union,
the
law
can
also
be
applicable at the consumer's place of residence, provided they are mandatory consumer law provisions.
If
you
do
not
have
a
general
place
of
jurisdiction
in
Germany
or
in
another
EU
member
state,
you
move
your
permanent
residence
to
a
country
outside
the
EU
after
accepting
these
Terms
of
Use
or
your
domicile
or
usual
place
of
residence
is
not
known
at
the
time
of
filing
of
action,
the
exclusive
place
of
jurisdiction
for
all
disputes
arising
from
this
contract
is
our place of business.
10.
Vendor Information
Dr. René Schmitz
Sattelstr. 90B
70327 Stuttgart
Germany
11.
Revocation
If you conclude a contract with the app store operator, you have a right of withdrawal. In the event of a revocation contact the App Store provider.
If we are legitimately used as a contractual partner instead of the app store operator the following regulations on revocation apply:
Right of withdrawal
If
you
conclude
a
usage
contract
with
us,
you
are
entitled
to
the
following
right
of
withdrawal.
You
have
the
right
to
withdraw
from
the
contract
within
fourteen
days
without
giving
any reason. The cancellation period is fourteen days from the day the contract was concluded.
In order to exercise your right of withdrawal, you must tell us:
Dr. Rene Schmitz
Sattelstrasse 90B
70327 Stuttgart
Germany
info@Liccal.de
by
means
of
a
clear
statement
(e.g.
a
letter
sent
by
post
or
e-mail)
about
your
informed
of
the
decision
to
withdraw
from
the
contract.
You
can
use
the
attached
specimen
form
for
this,
but
it
is
not
mandatory.
If
you
make
use
of
this
possibility,
we
will
immediately
send
you
(e.g.
by
e-mail)
a
confirmation
of
the
receipt
of
a
submission
of
such
revocation.
To
meet the cancellation deadline, it is sufficient for you to send the notification of the exercise the right of withdrawal before the end of the withdrawal period.
Consequences of revocation
If
you
revoke
the
contract,
we
have
all
payments
that
we
have
received
from
you,
including
delivery
costs
(with
the
exception
of
the
additional
costs
resulting
from
the
fact
that
you
have
chosen
a
different
type
of
delivery
than
the
cheapest
standard
delivery
offered
by
us),
immediately
and
at
the
latest
within
fourteen
days
from
the
day
on
which
the
notification
of
we
have
received
your
cancellation
of
the
contract.
For
this
refund
we
use
the
same
means
of
payment
that
you
used
in
the
original
transaction,
unless
it
was
with
you
expressly
agreed
otherwise;
under
no
circumstances
will
you
be
charged
any
fees
for
this
repayment
calculated.
If
you
have
requested
that
the
services
should
begin
during
the
cancellation
period,
you
have
given
us
one
reasonable
amount,
which
is
proportionate
to
the
date
on
which
you
notify
us
of
the
exercise
of
the
right
of
withdrawal
with
regard
to this contract, services already provided in the compared to the total scope of the services provided for in the contract.
End of revocation
Expiration of the right of revocation.
The
right
of
revocation
also
expires
in
the
case
of
a
contract
for
the
provision
of
services
if
we
have
rendered
the
service
in
full
and
have
only
just
begun
to
perform
the
service,
after
you
have
given
your
express
consent
and
at
the
same
time
your
knowledge
of
it
have
confirmed
that
you
will
lose
your
right
of
withdrawal
if
we
have
completely
fulfilled
the
contract.
The
right
of
withdrawal
expires
in
the
case
of
a
contract
for
the
delivery
of
non-physical
digital
content
on
the
data
carrier
even
if
we
have
started
to
execute
the
contract
after
you
have
given
your
express
consent
and
at
the
same
time
your
knowledge
have
confirmed
that
you
will
lose
your
right
of
withdrawal
once
the
contract
has
started
to
be
executed.
Specimen form for your revocation:
If you want to revoke the contract, please fill out this form and send it back to:
Dr Rene Schmitz
Sattelstrasse 90B
70327 Stuttgart
Germany
info@Liccal.de
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered/received on (*)
Name of consumer(s) Address of consumer(s)
E-mail address of the consumer (Google Play/App Store user account)
Signature of consumer(s) Date
(*) Cross out what is not applicable
Terms of Use BaRCal
In
these
Terms
of
Use
we
inform
you
about
your
rights
and
obligations
as
a
user
of
the
game
Barcal
(the
“game”).
Please
read
these
Terms
of
Use
and
our
Privacy
Policy
http://www.Liccal.de
carefully.
If
you
are
underage,
have
your
parents
read
them
too.
Save
these
Terms
of
Use
and
our
pri
-
vacy
policy
on
https://www.Liccal.de
and
contact
us
at
info@Liccal.de,
if
you
have
any
questions.
Before
you
start
the
game
for
the
first
time,
you
will
be
prompted
by
us
to
accept
the
general
terms
of
use.
Please
also
read
our
privacy
policy,
which
you
can
find
at
https://liccal.de
or
in
the
app
under "Privacy Policy".
1. Parties involved and subject of these Terms of Use
These
Terms
of
Use
regulate
the
user
relationship
between
you
and
us,
Dr.
Rene
Schmitz,
Sattelstrasse
90B,
70327
Stutt
-
gart
(“we”)
in
relation
to
the
use
of
the
game.
The
subject
of
this
contract
is
the
paid
use
of
the
software
we
offer
under
the
name
BaRCal
for
Android
and
iOS
services
(hereinafter
"BaRCal").
2. Description of services / rights of use
2.1.
The app is offered in English only.
2.2.
We
basically
enable
you
to
participate
in
the
game
by
provi
-
ding
the
game
via
Googles
Play
Store
and
Apple's
App
Store.
For
this
you
will
be
provided
with
the
simple,
non-sub
licensa
-
ble,
non-transferable,
revocable
at
any
time,
for
the
term
of
our
contract
of
use
and
in
accordance
with
these
Terms
of
Use
granted
limited
right
to
the
then
current
version
of
the
Game
by
means
of
telecommunications
and
to
use
them
in
accordance
with
these
Terms
of
Use.
You
will
not
receive
additional
rights,
in
particular
to
the
game,
the
software
app
-
lication
on
which
the
game
is
based
or
the
operating
software.
2.3.
The
game
is
aimed
exclusively
at
consumers.
According
to
the
legal
definition,
a
consumer
is
any
natural
person
who
concludes
a
legal
transaction
for
purposes
that
are
predomi
-
nantly
neither
commercial
nor
commercial
attributed
to
its
independent professional activity.
You
will
use
the
game
only
for
your
personal
entertainment,
for
example
to
play
with
the
parameters
of
a
lithium-ion
cell
to
experiment.
You
are
not
allowed
to
use
the
game
beyond
the
use
permitted
under
this
Agreement
(in
particular,
you
may
not
use
the
game
as
a
basis
for
technical
calculations,
e.g
not
as
a
basis
for
the
technical
design
and
evaluation
of
lithium-ion
cells,
their
cost
assessment
or
the
estimation
of
the
required
amounts
of
material
for
research
purposes).
The
use
of
the
game
for
commercial
or
other
business
purposes
is
expressly
prohibited.
You
will
also
not
allow
third
parties
to
use the game or make it accessible to third parties.
2.4.
As part of your use of the game, you are prohibited to:
•
use the game for commercial or promotional purposes;
•
use
the
game
on
more
than
one
device
at
the
same
time;
•
copy,
reproduce,
distribute,
display
or
use
the
game
in
any way not expressly authorized in this agreement;
•
sell,
rent,
license,
distribute
or
otherwise
grant
the
game
transfer;
•
reverse
engineer
the
game,
derive
the
source
code,
modify,
adapt,
to
translate,
decompile
or
disassemble
or
create derivative works based on them to create;
•
use
the
game
to
infringe
or
violate
the
rights
of
any
third
party,
in
particular
intellectual
property
rights
(e.g.
image
rights);
•
use
the
game
in
violation
of
any
applicable
law
or
regu
-
lation;
•
Game abandonment, game sabotage;
•
Sending spam, social engineering or attempted fraud.
3. Minimum age
To
accept
these
Terms
of
Use
and
play
the
game
without
the
prior
consent
of
your
legal
guardians,
you
must
be
at
least
14
years
old.
If
you
are
not
yet
14
years
old,
we
reserve
the
right
to
condition
the
use
the
game
on
the
approval
of
your
legal
guardians.
4. Accomplishment of permission for use contract
When
registering
via
mobile
apps,
the
accomplishment
of
permission
for
the
use
contract
depends
on
the
rules
of
the
respective
provider
of
the
app
store
(e.g.
Apple,
Google
etc.).
Your
contractual
partner
is
the
provider
of
the
app
stores.
There
is
no
contractual
relationship
between
us
and
you.
As
a
rule,
the
contract
comes
about
when
you
click
on
the
install
field
in
the
respective
store
and,
if
necessary,
your
enter
password.
5. Liability
Since
we
are
not
your
contractual
partner,
we
assume
no
contractual
liability.
Should
we
nevertheless
be
legitimately,
contractually
claimed,
the
following
shall
apply
rules
on
limi
-
tation
of
liability:
Regardless
of
the
legal
basis,
we
are
liable
for
damage
due
to
intent
and
gross
negligence
or
the
lack
of
a guaranteed property is generally unlimited.
If
we
transgress
one
essential
contractual
obligation
with
slight
negligence,
our
liability
is
on
the
typical,
foreseeable
damage limited.
An
essential
contractual
obligation
is
any
obligation
that
is
necessary
for
the
performance
of
contractual
purposes,
and
on
the
fulfillment
of
which
you,
as
a
consumer,
can
or
could
have
relied.
Our
liability
in
the
event
of
injury
to
life,
limb
or
health
for
which
we
are
responsible
remains
unaffected
by
the
aforementioned
restrictions.
For
the
rest,
our
liability
is
excluded.
To
the
extent
that
our
liability
is
excluded
or
limi
-
ted,
the
exclusion
or
limitation
shall
apply
restriction
also
in
favor
of
our
employees
and
agents.
Claims
under
the
Pro
-
duct
Liability
Act
remain
unaffected
by
the
aforementioned
liability exclusions or -restrictions.
6. Privacy
We
process
your
personal
data
in
accordance
with
applicable
law,
as
set
out
in
our
privacy
policy
https://liccal.de/datenschutz-app.htm.
The
Privacy
Policy
is
available within the app at any time.
7. Storage of these Terms of Use
You can access these conditions at
https://liccal.de/bedingungen.htm and save them.
8. Changes
We
reserve
the
right
to
agree
supplementary
conditions.
We
are
entitled
to
this
Terms
of
Use
to
change
six
weeks
in
advance.
You
will
be
notified
of
the
change
upon
opening
the
app informed and asked to accept the changed terms of use.
9. Applicable Law, venue and contract language
Only
German
law
applies
between
the
parties,
excluding
the
UN
Sales
Convention
(CISG).
In
business
transactions
with
consumers
within
the
European
Union,
the
law
can
also
be
applicable
at
the
consumer's
place
of
residence,
provided
they are mandatory consumer law provisions.
If
you
do
not
have
a
general
place
of
jurisdiction
in
Germany
or
in
another
EU
member
state,
you
move
your
permanent
residence
to
a
country
outside
the
EU
after
accepting
these
Terms
of
Use
or
your
domicile
or
usual
place
of
residence
is
not
known
at
the
time
of
filing
of
action,
the
exclusive
place
of
jurisdiction
for
all
disputes
arising
from
this
contract
is
ours place of business.
3
.
Vendor Information
Dr. René Schmitz
Sattelstr. 90B
70327 Stuttgart
Germany
4
.
Revocation
If
you
conclude
a
contract
with
the
app
store
operator,
you
have
a
right
of
withdrawal.
In
the
event
of
a
revocation
contact the App Store provider.
If
we
are
legitimately
used
as
a
contractual
partner
ins
-
tead
of
the
app
store
operator
the
following
regulations
on revocation apply:
Right of withdrawal
If
you
conclude
a
usage
contract
with
us,
you
are
entitled
to
the
following
right
of
withdrawal.
You
have
the
right
to
withdraw
from
the
contract
within
fourteen
days
without
giving
any
reason.
The
cancellation
period
is
fourteen
days from the day the contract was concluded.
In
order
to
exercise
your
right
of
withdrawal,
you
must
tell
us:
Dr. Rene Schmitz
Sattelstrasse 90B
70327 Stuttgart
Germany
info@Liccal.de
by
means
of
a
clear
statement
(e.g.
a
letter
sent
by
post
or
e-mail)
about
your
informed
of
the
decision
to
with
-
draw
from
the
contract.
You
can
use
the
attached
specimen
form
for
this,
but
it
is
not
mandatory.
If
you
make
use
of
this
possibility,
we
will
immediately
send
you
(e.g.
by
e-mail)
a
confirmation
of
the
receipt
of
a
submis
-
sion
of
such
revocation.
To
meet
the
cancellation
deadline,
it
is
sufficient
for
you
to
send
the
notification
of
the
exercise
the
right
of
withdrawal
before
the
end
of
the
withdrawal period.
Consequences of revocation
If
you
revoke
the
contract,
we
have
all
payments
that
we
have
received
from
you,
including
delivery
costs
(with
the
exception
of
the
additional
costs
resulting
from
the
fact
that
you
have
chosen
a
different
type
of
delivery
than
the
cheapest
standard
delivery
offered
by
us),
immediately
and
at
the
latest
within
fourteen
days
from
the
day
on
which
the
notification
of
we
have
received
your
cancella
-
tion
of
the
contract.
For
this
refund
we
use
the
same
means
of
payment
that
you
used
in
the
original
transac
-
tion,
unless
it
was
with
you
expressly
agreed
otherwise;
under
no
circumstances
will
you
be
charged
any
fees
for
this
repayment
calculated.
If
you
have
requested
that
the
services
should
begin
during
the
cancellation
period,
you
have
given
us
one
reasonable
amount,
which
is
proportio
-
nate
to
the
date
on
which
you
notify
us
of
the
exercise
of
the
right
of
withdrawal
with
regard
to
this
contract,
ser
-
vices
already
provided
in
the
compared
to
the
total
scope
of the services provided for in the contract.
End of revocation
Expiration of the right of revocation.
The
right
of
revocation
also
expires
in
the
case
of
a
con
-
tract
for
the
provision
of
services
if
we
have
rendered
the
service
in
full
and
have
only
just
begun
to
perform
the
ser
-
vice,
after
you
have
given
your
express
consent
and
at
the
same
time
your
knowledge
of
it
have
confirmed
that
you
will
lose
your
right
of
withdrawal
if
we
have
completely
fulfilled
the
contract.
The
right
of
withdrawal
expires
in
the
case
of
a
contract
for
the
delivery
of
non-physical
digi
-
tal
content
on
the
data
carrier
even
if
we
have
started
to
execute
the
contract
after
you
have
given
your
express
consent
and
at
the
same
time
your
knowledge
have
con
-
firmed
that
you
will
lose
your
right
of
withdrawal
once
the
contract has started to be executed.
Specimen form for your revocation:
If
you
want
to
revoke
the
contract,
please
fill
out
this
form
and send it back to:
Dr. Rene Schmitz
Sattelstrasse 90B
70327 Stuttgart
Germany
info@Liccal.de
I/we
(*)
hereby
revoke
the
contract
concluded
by
me/us
(*)
for
the
purchase
of
the
following
goods
(*)/the
provi
-
sion of the following service (*)
Ordered/received on (*)
Name of consumer(s) Address of consumer(s)
E-mail address of the consumer
(Google Play/App Store user account)
Signature of consumer(s) Date
(*) Cross out what is not applicable