Terms of Service
- By using any of the Naymit services available at *.naymit.com (collectively referred to as "Services") provided by Naymit UG (referred to as "Naymit"), you agree to be bound by the following terms and conditions ("Terms of Service").
- Naymit reserves the right to update and change the Terms of Service at any time without notice. You can review the most current version of the Terms of Service at: http://naymit.com/_web/legal.jsp#termsOfService
- The failure of Naymit to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
- You agree that Naymit owns all legal rights in the Services. You must not remove, modify or obscure any legal notices. You are not entitled to use Naymit's trademarks (especially Naymit), trade names, brands, domain names, or other distinctive brand features.
- Violation of any of the terms below can result in the termination of your account or access to the Services. Violation of any of the terms will also terminate your usage rights of the Services.
- If a provision of this agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect: (i) the validity or enforceability in that jurisdiction of any other provision of this agreement; or (ii) the validity or enforceability in other jurisdictions of that or any other provision of this agreement.
- These Terms of Service constitute the entire agreement between you and Naymit und replace all previous agreements under this title. There are no verbal subsidiary agreements.
- These Terms of Service, and your relationship with Naymit under these Terms of Service, shall be governed by the laws of Germany. You and Naymit agree to submit to the exclusive jurisdiction of the courts located in Munich, Germany, to resolve any legal matter arising from the Terms of Service.
Provision of the Services by Naymit
- Your use of the Services is at your sole risk. The Services are provided on an "as is" and "as available" basis.
- Naymit does not warrant that (i) the Services will meet your requirements or expectations, (ii) the Services will be delivered uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, (iv) any errors in the Services will be corrected.
- You understand and agree that Naymit shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to any loss of profit, loss of funds, loss of goodwill, loss of business reputation, loss of data, cost of procurement of substitute goods or Services, or other intangible loss, resulting from: (i) the use or the inability to use the Services; (ii) any changes which Naymit may make to the Services, or any permanent or temporary cessation in the provision of the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through the use of the Services; (v) or any other matter relating to the Services.
- Technical support is provided on a best-effort basis and only by e-mail.
- You understand that Naymit can use third parties (e.g., hosting partners) to provide the necessary resources (e.g., hardware, software, networking, storage, etc.) to run the Services.
- Naymit may stop, remove, modify, or add (permanently or temporarily) Services (or features within Services) at Naymit’s sole discretion. Any new, changed, or removed features are subject to the Terms of Service. Continued use of the Services after any such changes constitute your consent to the changes.
Use of the Services by you
- You agree to use the Services only for purposes that are permitted by (i) the Terms of Service and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
- For certain services, Naymit may offer or require you to register for an account. You ensure that all registration information you provide will always be valid, correct, and up to date. You are responsible for maintaining the security of your account and password. Accounts registered by bots or other automated methods are not permitted.
- For certain services, Naymit may offer you to define or upload various types of content such as text and photos. You are responsible to not supply abusive, offensive, obscene or otherwise objectionable content and to not infringe on any copyrights, trademarks and privacy rights without permission. You understand that Naymit can reject any piece of content, e.g., if you intentionally or unintentionally interfere with a trademark owner or because your content is deemed offensive.
- You agree that you will not impersonate another person.
- You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
- You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose without the express written permission by Naymit.
- You agree that you are solely responsible for (and that Naymit has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Service and for the consequences (including any loss or damage which Naymit may suffer) of any such breach.
- Naymit reserves the right (but has no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content or account from any of the Services at Naymit’s sole discretion. You understand that by using the Services you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
Naymit takes care to protect your privacy and to secure the data that is stored on the Naymit servers. Naymit takes measures to protect personal information against loss, misuse, unauthorized access, unauthorized disclosure, manipulation, or destruction.
When you use Naymit, you send pieces of data to Naymit; this can be a name/ID, a physical address, an e-mail address, or other information relating to your places. Other data is generated implicitly by your use of Naymit, e.g. log data.
Naymit is designed to allow you to use the service almost anonymously if you wish: you can use Naymit without registration/login and without entering any e-mail address.
Logging into Naymit using third-party login services
Naymit offers the option to login using your existing accounts from third-party providers such as Google, Yahoo, Facebook, Twitter or LinkedIn.
In the process of logging in, your communication is redirected to the provider of the login service and no secure information (e.g. account password) can be accessed by Naymit. After the login procedure with the service provider is completed, you are redirected back to Naymit again.
Naymit offers you the possibility of creating Place IDs that cannot be searched by additional information on Naymit. This means that Naymit users can access such places only if they know the place's exact Place ID. This way the Place ID itself works as a password.
In order to prevent unwanted access to a place, mark it as non-searchable and make sure you choose a secure Place ID and ensure its confidentiality as well as confidentiality of its URL. Please note that any publishment of the Place ID or its URL on the Internet may be discovered by search engines and result in the place's URL showing up on them.
Sharing via e-mail using Naymit
As an option, you can share place information with people from Naymit. In this case, Naymit needs to know the e-mail addresses of the people to be contacted. You can enter these e-mail addresses in the corresponding form.
Like all other personal information, Naymit will not share participants' e-mail addresses with third parties. Naymit will not send any e-mail communication to participants' e-mail addresses without your consent.
Naymit records certain requests and transactions in log files. This log data is used for troubleshooting, statistics, quality assurance, and to monitor system security and can be analyzed to that end. Naymit can publish anonymous statistics under the condition that no personally identifiable information can be derived from such statistics.
Naymit may also use KISSmetrics and Google Analytics to compile usage statistics. These services are provided by Space Pencil, Inc. and by Google, Inc., respectively. Their privacy policies can be found at http://www.kissmetrics.com/privacy and http://www.google.com/privacy.
Cookies are small text files that are placed on your computer by websites that you visit. They are transferred to your computer's hard drive through your web browser and contain a unique number, but no personal data. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site.
Communication between you and Naymit
If you send Naymit a message, this message can be stored to process it, to compile statistical information, to improve our services and support, or to get in touch with you.
Sharing personal information
Naymit may share personal information with other organizations or individuals only in the following limited circumstances: (i) Naymit has your consent; (ii) Naymit has good faith that there is a legal obligation to share the data; (iii) Naymit needs to access or share the data to protect the security of the service or of others users’ data; (iv) Naymit needs to access or share the data to protect Naymit’s rights and property or to enforce the Terms of Service.
10 October 2014