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Terms and Conditions

Tidy City - General Terms of Use

  1. Scope of Agreement

    1. The use of the Tidy City website (hereinafter: Website) or of any services provided on, from or through it, including the access to the game Tidy City in order to play it, (hereinafter: "Service") provided by Fraunhofer FIT on, from or through the Website to a registered user (hereinafter: User) is subject to these General Terms of Use (Terms of Use).
    2. The Terms of Use form a legally binding agreement between the User and the Fraunhofer Gesellschaft e.V., Hansastraße 27, 80686 München, as legal entity for its Fraunhofer Intstitute FIT in relation to the use of the Website and Service.
    3. The Terms of Use apply to all Users of the Website and Service, including content contributors.
    4. Each User shall agree to the Terms of Use prior to using the Service.
  2. User rights and duties, restrictions on use

    1. User shall be entitled to use the Website and Service within the scope of these Terms of Use and shall comply with them at all times during the use.
    2. In order to use the Service User is required to create a general User account by providing a user name and selecting an account password.
    3. User must keep his account password secure and confidential. User must notify Fraunhofer immediately of any breach of security or unauthorized use of his account that he becomes aware of.
    4. User agrees not to distribute any part or parts of the Website or Service in any medium unless explicitly provided in the Website or Service.
    5. User declares that he will not affect or compromise the functionalities of the Service.
    6. User agrees not to alter or modify any part of the Website or any Service.
    7. User declares not to (as well as not to attempt) to circumvent, disable or otherwise interfere with any security related features of the Service or features that (a) prevent or restrict use or copying of content or (b) enforce limitations on use of the Service or the content accessible via the Service;
    8. User agrees not to collect or harvest any personal data of any user of the Website or any Service including account names.
    9. User agrees not to access content for any other reason than personal, non-commercial use solely as permitted by the normal functionality of the Website or Services offered thereon.
    10. User shall not copy, reproduce, distribute or otherwise exploit any content for any other purposes without the prior written consent of Fraunhofer and Carnot or the respective owners or licensors of the content.
  3. Provider Rights and Duties

    1. Fraunhofer FIT provides access to the Website and Service to Users in compliance with the General Terms and Conditions. This granting of access cannot be construed to stipulate a right of the User to claim access to any Service. Fraunhofer FIT reserves the right to discontinue the Website and/or stop providing the Service or any features within it at its sole discretion and without prior notice.
    2. Even though Fraunhofer FIT may monitor or review content or material generated by users from time to time, there will be no active monitoring of user generated contents of the Website and there is no obligation to do so.
    3. Fraunhofer FIT reserves the right to modify or supplement these Terms of Use at any time. Accordingly, Users shall check the Website from time to time as each User will be bound by any such revisions.
    4. In the event that Fraunhofer FIT becomes aware of a violation of the Terms of Use by a User, Fraunhofer FIT reserves the right to revoke the User's registration and to ban the User's email address with the result that the User is prohibited from further using the game Tidy City.
      Where the violation of the Terms of Use consists in or results in a breach of criminal law, Fraunhofer FIT reserves the right to inform the authorities hereof.
  4. Liability, Indemnification

    1. User agrees that he is solely responsible for all activity that occurs under his TOTEM account, any breach of his obligations under the General Terms of Use and for the consequences resulting thereof.
      User agrees to indemnify, defend and hold Fraunhofer FIT harmless from and against any and all claims, losses, liability, costs and expenses (including attorneys fees) incurred by Fraunhofer FIT in connection with or arising out of User's breach of these Terms of Use.
    2. Fraunhofer assumes no liability for any content posted by users or opinions expressed therein. User acknowledges that use of or reliance on the content provided by other Users on the Website is at User's own risk.
    3. The Service is provided "as is" and Fraunhofer does not warrant that the functions contained in the content on the Website or of the Service will be uninterrupted or error-free, that defects will be corrected, or that this Website or the servers that make such content available, are free of viruses or other harmful components.
    4. Fraunhofer does not warrant or make any representation regarding the correctness, accuracy, reliability, timeliness, suitability for a certain purpose or any other aspect of the use of the game Tidy City, the Website, or any content of it.
  5. Termination

    1. The Terms of Use will continue to apply until terminated by the User or Fraunhofer FIT.
    2. User who wishes to terminate his agreement with Fraunhofer FIT may do so at any time by notifying Fraunhofer FIT and closing his account. Notice can be sent by e-mail to tidycity@fit.fraunhofer.de
    3. Fraunhofer FIT may at any time terminate its legal agreement with User if User has breached any provision of the General Terms of Use or if Fraunhofer FIT is required to do so by law.
    4. Section 4 remains unaffected by the termination of the agreement.
  6. Data Protection

  7. Fraunhofer FIT respects the privacy of its Users. Fraunhofer FIT treats the account details of its Users confidentially. Unless required by law or law enforcement officials or with the User's prior consent to data being passed on, the User's personal registration data will not be forwarded to third parties.
  8. Miscellaneous

  9. If any of the provisions of this agreement should be held as invalid, the validity of the remaining provisions shall not be affected. Invalid provisions shall be replaced by valid provisions formulated in such a way that the intended purpose will largely be achieved.

This agreement is governed by German Law.

Date: April 12, 2011

Tidy City - Content Contributor Terms of Use

  1. Scope of the Agreement

    1. The Contribution of content to the Tidy City website (hereinafter: "Website") is subject to the Contributor Terms of Use (hereinafter: "Contributor Terms") in addition to the General Terms of Use applicable to all registered users (hereinafter: "Users").
    2. The Contributor Terms together with the General Terms of Use form a legally binding agreement between the User contributing content (hereinafter: "Contributor") and the Fraunhofer Gesellschaft e.V., Hansastraße 27, 80686 München, as legal entity for its Fraunhofer Institute FIT in relation to the use of the Website and services provided on, from or through the Website which allow Contributors the contribution of content in relation to the game Tidy City (hereinafter: "Contribution Services").
    3. In order to use the Contribution Services Contributor must firstly agree to the Contributor Terms.
  2. Contributor rights and duties, restrictions on use

    1. In order to contribute content the Contributor has to create a Contributor account. When creating the Contributor account, he must provide accurate and complete information on his personal data. If the Contributor has already a general User account, he needs to upgrade this general User account to a Contributor account by providing the required accurate and complete information on his personal data.
    2. Contributor shall be entitled to use the Website and Contribution Services within the scope of these Contributor Terms and the General Terms of Use and shall comply with them at all times during the use.
    3. Contributor retains his ownership rights in his content but grants Fraunhofer and other Contributors or Users of the Website and Services a limited license as follows:
      • Contributor grants Fraunhofer a worldwide, non-exclusive, royalty-free, sub-licensable license to use, reproduce, prepare derivate works of, display and perform the content in connection with the provision of the Service and Service connected business including promotion and redistribution.
      • Contributor grants each User a worldwide, non-exclusive, royalty-free license to access his content through the Service and to use, reproduce, distribute, prepare derivative works of, display and perform such content within the scope of the functionality of the Service and in compliance with the Terms of Use and these Contributor Terms.
    4. Contributor declares to contribute only content which is within the scope of the purpose of the game Tidy City. Contributions to the Tidy City Forum have to serve the purpose of the FORUM which is the exchange of user experiences with Tidy City, suggestions for improvements, new missions or further applications to Tidy City and the discussion of other topics related to Tidy City.
    5. Contributor declares that he will not use the Website or Contribution Services to upload, post, transmit or relate to any content or material of the following kind:
      • racist, sexist, abusive, hateful, bigoted, harassing, threatening, defamatory, inflammatory, knowingly false, vulgar, obscene, sexually-oriented, profane material or content
      • material or content which is otherwise in violation of any applicable law, rule or regulation
      • content or material violating or infringing the rights of any other party, including but not restricted to rights of privacy, copyright, trademark, or other intellectual property rights
      • material or content which affects or compromises the functionalities of the Contribution Services or other services offered on the Website, e.g. by automatically generating information such as tags and comments.
    6. Contributor declares that he will not upload, post, transmit or relate to any software, computer files, or links to such that contain a virus, worm or other disruptive or harmful components.
      Contributor further declares not to upload, post, transmit or relate to software, computer files or links to such which affect or compromise the functionalities of the Website and/or Contribution Services.
    7. Contributor declares that he will not use the Contribution Services to upload, post, transmit or relate to any content or material which may be regarded as spam, whereby spam be defined as follows:
      • Saving pure affiliate links or partner links
      • Links to websites which only serve the purpose of presenting banners and affiliate links to themselves and do not have far-reaching personal content
      • Links to 'Get rich quick' websites ( e.g. 'Get rich with only 5 minutes of work a day')
      • Saving websites under construction and domain sale offers
      • Saving an usually large number of bookmarks pointing to just one domain
      • Unsuitable and/or erroneous descriptions of bookmarks that are not associated with the proper website
      • Misuse in order to develop link popularity
      • Links to dialer sites, phishing sites or sites with other damaging content
      • Links to automatically redirecting websites and websites that open a large number of advertising windows
    8. Contributor declares that he will not distribute spam to any other Users of the Website.
    9. User will not use the Forum for commercial purposes, including but not restricted to the sale of access to the Service, the sale of advertising, sponsorships or promotion as well as the posting of advertisements or solicitations.
  3. Provider Rights and Duties

    1. Fraunhofer FIT provides access to the Contribution Service to Contributors in compliance with the Contributor Terms and Conditions. This granting of access cannot be construed to stipulate a right of the Contributor to claim access to any Service. Fraunhofer FIT reserves the right to stop providing the Contribution Service or any features within it at its sole discretion and without prior notice.
    2. Even though Fraunhofer FIT may monitor or review content or material generated or provided by the Contributor from time to time, there will be no active monitoring the content generated by the Contributor and there is no obligation to do so.
    3. Fraunhofer FIT does not get involved in the process of content provision by the Contributor and will in particular not review content, check it for compliance with these Contributor Terms or any legal provisions or relase it for upload.
    4. In the event that Fraunhofer FIT becomes aware of a violation of these Contributor Terms by a Contributor, Fraunhofer FIT reserves the right to edit or remove any content posted by this Contributor, to revoke the Contributor's registration and to ban the Contributor's e-mail address with the result that the Contributor is prohibited from further access to the Contribution Service.
  4. Liability, Indemnification

    1. Contributor represents and warrants that he owns all rights or has obtained the necessary licenses, consents or permissions to the content he contributes on the Website.
      Contributor agrees that he is solely responsible for any content he uploads and the consequences arising from publishing.
      Contributor agrees to indemnify, defend and hold Fraunhofer harmless from and against any and all claims, losses, liability, costs and expenses (including attorneys fees) incurred by Fraunhofer FIT in connection with or arising out of Contributor's breach of these Contributor Terms.
    2. Fraunhofer FIT does not endorse any content or opinion, recommendation or advice expressed therein and assumes no liability for, or in connection with, any content contributed by the Contributor.
    3. Fraunhofer FIT does not warrant that Contribution Services are available at all times without any errors. Fraunhofer FIT does not warrant that the functions contained in the materials on the Website will be uninterrupted or error-free, that defects will be corrected, or that this website or the servers that make such materials available, are
  5. Data Protection

  6. Fraunhofer FIT respects the privacy of its Users. Fraunhofer FIT treats the personal data of its Contributors confidentially.
    However, each User acknowledges and agrees that his personal data will be electronically filed by Fraunhofer FIT. Unless required by law or law enforcement officials or with the User's prior consent to data being passed on, the User's personal registration data will not be forwarded to third parties.
  7. Miscellaneous

  8. If any of the provisions of this agreement should be held as invalid, the validity of the remaining provisions shall not be affected. Invalid provisions shall be replaced by valid provisions formulated in such a way that the intended purpose will largely be achieved.

This agreement is governed by German Law.

Date: April 12, 2011

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