Important: Please read these Terms of Use carefully before continuing to use the mobile application. While using the cityscaper app, please be aware of your surroundings and your own safety.
These terms of use (the “Terms”) apply to the “cityscaper” app from cityscaper GmbH (“cityscaper”) based in Aachen, Germany.
The Service is an augmented reality experience that you interact with in real locations. By using the Service you agree to the following:
Your use of the Service is at your own risk;
You will not, when using the Service, violate any laws or regulations, including laws relating to trespass;
You will not trespass on anyone's private property without permission;
You will not engage in any other activity that could result in injury, death, property damage or other legal liability;
You will not hurt, attack, threaten or humiliate other people.
Be aware of your surroundings at all times! Please see Section 2, “Your Safety” to learn more about how to use the Service safely and respect the property of others.
By continuing to use the Service, you agree to the following:
You understand and intend that this agreement is a legally binding agreement and constitutes a signed, written contract;
you are at least 13 years old or your parent or guardian has agreed to this agreement on your behalf;
You will use the Service in accordance with applicable laws and regulations and in accordance with the terms and conditions of this agreement, as amended by cityscaper from time to time; and
You understand, accept, comply with and agree to be bound by this agreement and its Terms and Conditions.
If you do not agree to the terms of this agreement, please discontinue all further use of the Service.
How to use the Service safely: While using the Service, you agree to the following security notices:
You agree to always be aware of your surroundings and to stay away from dangerous or inappropriate locations while using the Service. This also includes paying attention to other people, animals, and any dangers or obstacles you may encounter.
You agree not to use the Service while operating a vehicle or engaging in similar activities that require your full attention.
You agree that your use of the Service is at your own risk and that it is your responsibility to obtain and maintain all insurance policies (including health, liability, personal, health, life insurance and others) that may reasonably be necessary to protect against injuries that may occur while using the service.
You agree not to violate, or encourage any third party to violate, any laws or regulations, including laws relating to trespassing, when using the Service.
You agree that you will supervise any minor children who use the Service, or if you are a minor, that you will have parental supervision at all times when using the Service.
Respect other people and their property: While using the Service, you agree to the following with respect to other people and property:
You will maintain safe and appropriate contact with other users and other people in the real world.
They will not attack or threaten anyone.
You do not trespass on the private property of others without permission.
You will not engage in any other activity that could reasonably result in injury, death, property damage or other legal liability.
Disputes with Third Parties: If there is a dispute between you and another user of the Service or another third party regarding your use of the Service, you hereby release cityscaper, their officers, directors, agents, affiliates and subsidiaries, and employees from all claims and demands. You agree that cityscaper, its officers, directors, agents, affiliates and subsidiaries and employees shall not be liable for any damages (whether actual or consequential) of any kind arising out of or in any way connected with such disputes, death, property damage or other legal risks incurred by you or others while using the service.
Assumption of Risk: You agree that by using the Service, you acknowledge and agree that if you engage in activities related to the Service, you do so at your own risk. You understand and agree that use of the Service involves certain known and unknown risks, including, but not limited to, the risk of personal injury, and you assume such risk entirely on your own behalf and on behalf of your heirs, assigns and representatives. This includes, without limitation, your participation in any activities related to the Service and any devices or equipment used in connection with the Service. You agree that you are voluntarily participating in these activities and assume all risks of injury, including, without limitation, any injury or damage that may result from your use of the Service. You acknowledge and agree that you will check each location where you will use the Service to determine whether you are permitted to use the Service and enter the location, and that it is solely your responsibility to do so. You acknowledge and agree that such locations are safe and lawful for using the Service.
cityscaper grants you a single, non-exclusive, non-transferable and limited personal license to access and use the Service. This license is conditioned on your continued compliance with the terms and conditions of this agreement. You may not rent, lease, lend, sell, transfer, redistribute or sublicense the Service, and if you sell or otherwise transfer to a third party a device on which any part of the Service is installed, you must remove the Service from that device, before you do this. You may not copy, decompile, reverse engineer, disassemble, attempt to derive, modify or create derivative works from the source code of the Service, updates or any part thereof (except and only to the extent that any of the foregoing restrictions are imposed by applicable law prohibited by law or to the extent permitted by the license terms governing the use of open source components included in the Service).
Although you may have purchased or licensed the Service through Apple, the Apple App Store or other Apple-authorized entities (collectively, "Apple"), through Google or other Google-authorized sources (collectively, "Google"), or other third-party platforms, neither Apple, Google nor any other third party platform is a party to this agreement and will have no obligations to you in connection with the Service except as described in their own Terms of Use or other agreements. You further indicate that you are not located in a country subject to the U.S. Government embargo or listed as a “terrorist supporting country” by the US government. You further represent that you are not listed on any US government list of prohibited or restricted parties.
You acknowledge that you may receive business-related communications from cityscaper via the Service or via email, such as: Product and other announcements and administrative communications. You agree that these communications are not “unsolicited commercial email advertisements” and you consent to receive them. Email messages contain instructions on how to opt out.
Account creation: To use the service, an account is voluntary. Some features are only available to you with an account. You may use a third-party login (such as your Facebook, Google or Apple login) to create an account. You may only create an account if you are at least 13 years old. If you are at least 13 years old, but a minor in your jurisdiction, your parent or guardian must create an account with us in order for you to access and fully use all features of the Service.
You are solely responsible for the activity that occurs on your account. You agree to keep your account and devices secure, and to notify cityscaper immediately of any breach of security or unauthorized use of your account.
Accurate Information: When creating your account, you agree to provide valid and accurate information about yourself. You agree to keep this information updated so that it is accurate at all times.
Suspension of Accounts: cityscaper may, in its sole discretion, suspend or terminate your account or your access to the Service if, in our sole discretion, your conduct does not conform to this agreement or for any other reason.
Account Privacy: You agree that there is no expectation of privacy in connection with your interactions with other users and through the Service. You further agree that the contents of any messages or other communications sent from your account, whether in or through chats, forums, direct user-to-user communications or otherwise, may be accessed, reproduced or distributed by cityscaper can. cityscaper will cooperate fully with law enforcement and other government agencies in reviewing the content of the Service.
No account purchases or transfers: You may not buy, sell, gift or trade or attempt to buy, sell, gift or trade an account. cityscaper owns, licenses or otherwise has rights to all content appearing on the Service, including Accounts.
Your content: Any communications or materials of any kind that you transmit to cityscaper or the public via email, postal mail or otherwise through the Service or use of the Service, including images and photos, chat, emails, comments, voice recordings, data, questions, comments or suggestions are your “content”. cityscaper does not own your content. By posting or sharing content, you represent that (i) you are the owner of the content or have all rights necessary to share it, and (ii) you are allowing cityscaper to use, reuse, copy, adapt your content in perpetuity, amend, distribute, abridge, modify, translate, publish, perform, display, develop, reproduce, communicate to the public and otherwise share your content in any form and through any media (whether now known or later invented ) including through any on-demand or broadcast broadcaster, whether on a commercial or non-commercial basis, anywhere in the world.
Conduct policy: You are responsible for your conduct as a user of the Service. You agree that you will not engage in any conduct (including sharing content) that:
is threatening, harassing, defamatory, abusive, obscene, indecent, sexually provocative or suggestive, pornographic or in any way gives rise to any civil or criminal liability under applicable law;
is or could be interpreted as insults, hate speech or attacks against any individual or group based on race, color, gender, age, religion, national origin, disability, sexual preference or gender identity;
constitute spam (sending the same message multiple times or to multiple people, or sharing or sending the same content multiple times is treated as spam);
is a solicitation or promotion of lewd or inappropriate personal conduct, commercial products or activities;
encourage or constitute conduct that does not support a safe and pleasant use of the Service for all users, such as bullying, any behavior or activity that is threatening, harmful, harassing, abusive, vulgar, hateful, defamatory, offensive, sexually provocative, suggestive, or is explicit, inflammatory, racially or ethnically offensive or discriminatory, or in any way encourages inappropriate, disrespectful, abusive or illegal behavior or otherwise makes the Service an unpleasant experience for anyone;
restricts, inhibits or inhibits any other user from using the Service;
hacks, modifies, or otherwise uses any automation software (bots) or other unauthorized third-party software designed to modify the experience on the Service;
violates any local, state, federal or international law or may give rise to civil liability;
violates or may violate the rights of any third party (including, without limitation, copyright, trademark, privacy or publicity rights, defamation or other proprietary rights);
impose an unreasonable or disproportionately large load on the Service or otherwise disrupt the Service;
is a “chain letter” or constitutes “junk mail”;
states or claims that you are affiliated with cityscaper when you are not, including being an “administrator” or other employee or agent of cityscaper;
requests login information from other users;
uses programs to “crack” the Service or other Internet security tools;
uses or uploads files that contain viruses, Trojan horses, worms, corrupted files or data, or any other similar software or programs that may damage or impair the operation of the Service;
or anything else that cityscaper, in its sole discretion, deems offensive or harmful to the Service or the integrity or business of cityscaper.
Fraud: You are strictly prohibited from engaging in any form of fraud while using the Service. “Cheating” means any act that alters or is intended to alter the normal operation of the Service or otherwise disrupts it. The determination of whether an action constitutes fraud is at cityscaper's sole discretion. This may include using software to change the location of your device, using multiple accounts, or other actions that may affect the operation of the Service or the result of a survey or other part of the Service. cityscaper may, in its sole discretion, take technical measures to detect and prevent fraud and other unauthorized activities on the Service.
Virtual goods and items and virtual “tokens” or currency (collectively, “Virtual Items”) may be available for purchase or otherwise earned or used through the Service. Your decision to make a purchase using real currency is an offer to cityscaper to purchase at the prices and terms set forth on the Service at the time of purchase. You agree that you have no right or ownership of Virtual Items. cityscaper does not acknowledge any purported transfers of Virtual Items outside of the Service or the purported sale or trading in the “real world” of anything appearing or originating from the Service. You may not sell Virtual Items for “real” money or exchange such Virtual Items for any value outside of the Service. To be clear, virtual items have no real-world value and are licensed, not owned.
Under no circumstances will refunds be given for Virtual Items unless required by the platform on which you licensed the Service. All sales of Virtual Items are final when the transaction is processed.
cityscaper may, at its sole discretion, provide you with customer and technical support services in connection with the Service (“support services”). cityscaper has no obligation to provide support services unless otherwise required by applicable law. Failure to provide or discontinue the provision of Support Services shall not constitute a failure of cityscaper under this agreement.
You can reach cityscaper customer support by contacting us at support@cityscaper.de. You agree that you will contact cityscaper only in connection with the support services.
cityscaper reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part of the Service) with or without notice. You agree that cityscaper shall not be liable to you or any third party for any modification or discontinuance of the Service. cityscaper reserves the right to monitor use of the Service to verify compliance with this agreement and the right to refuse to edit, post or remove any content, information or materials, in whole or in part, at our sole discretion. We reserve the right to refuse access to the Service at any time for any reason. cityscaper may monitor your content and other communications to monitor the quality of the service you receive, your compliance with the agreement, the security of the Service, or for other reasons. Neither cityscaper nor any of its affiliates or agents shall be liable for any costs, damages, expenses or other liabilities incurred by you as a result of the monitoring activities of cityscaper or its affiliates or agents.
Electronic communications through the Service may not always be encrypted. You acknowledge that there is a risk that data, including email, electronic communications and personal information, may be accessed by unauthorized third parties when exchanged between you and cityscaper or between you and other parties. In addition, your content may be publicly available to other parties on the Service. cityscaper and its affiliates and agents have the right, but not the obligation, to review or retain your content and other communications.
The Service may contain links to other websites and software applications, including through display advertising (the “Linked Services”). cityscaper does not control the Linked Services, and cityscaper and its affiliates and agents make no representations regarding the content, accuracy, security or privacy of these Linked Services. The fact that cityscaper has provided a link to an external server does not constitute an endorsement, authorization, sponsorship or affiliation with those linked services, their owners or their providers. The use of any information, software or products on the Internet involves risks, and cityscaper encourages you to be aware of these risks before accessing, using or purchasing anything over the Internet. You agree that under no circumstances will you hold cityscaper or its affiliates or agents liable for any loss or damage caused by your use of or reliance on any content, goods or services available on linked services.
The Service is the property of cityscaper and is protected by German and international copyright and other intellectual property laws. All content of the Service, trademarks, trademarks of the Service, trade names, logos and symbols are the property of cityscaper. Nothing contained on the Service should be construed as granting any license or right to use any Trademark displayed on the Service without the written permission of cityscaper or such third party that owns the Trademarks displayed on the Service. Your use of the Trademarks displayed on the Service or other content on the Service, except as provided in this agreement, is strictly prohibited. The intellectual property displayed through the Service is either the property of cityscaper or used by cityscaper with permission from third parties. You may not use or authorize the use of such intellectual property except as expressly permitted under the agreement. Any unauthorized use of this intellectual property may violate copyright laws, trademark law "xDataToGo - Experimental Field of Digital Street Spaces, data protection and publicity laws or other regulations and laws.
cityscaper expects users of the Service to respect the copyrights of others. Posting material that infringes copyright is a breach of the Terms of Use.
cityscaper may terminate the accounts of users who post material that cityscaper reasonably believes infringes copyright.
In accordance with the Digital Millennium Copyright Act (“DMCA”) 17 U.S.C. Section 512 of the United States has designated cityscaper a designated agent to receive notices of claimed copyright infringement. If you believe that any material on the Service infringes a copyright, please notify our designated agent in writing, providing the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works on the Service;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information that will permit the service provider to locate the material;
Information that allows us to contact you, such as an address and telephone number and, if available, an email address at which you can be contacted:
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Please provide all of the information listed above, otherwise your complaint may not be processed.
Send your notification of claimed copyright infringement to cityscaper's designated agent for copyright complaints using the following contact information:
cityscaper GmbH
c.o. Copyright Infringement Agent
Kleinmarschierstr. 33
52062 Aachen
Germany
Tel.: +49 17681232910
E-mail:legal@cityscaper.de
Note that the information provided under this Copyright Complaint Policy, including the original notification and responses thereto, may be disclosed to third parties as cityscaper deems necessary or appropriate to process your notification.
Your use of the Service is entirely at your own risk. The Service is provided by cityscaper on an “as is” basis. cityscaper expressly disclaims all warranties of any kind, express or implied, including the implied warranties of merchantability and fitness for a particular purpose. cityscaper makes no warranty that (i) the service will meet your requirements, (ii) that the operation of the service will be uninterrupted, timely, secure or error-free, or (iii) the results that may be obtained from use of the service will be accurate or are reliable. No advice or information, whether oral or written, obtained by you from cityscaper or through the Service shall create any warranty with respect to the Service not expressly stated in this agreement. To the fullest extent permitted by applicable law, neither Apple, Google, Amazon or any other platform from which you downloaded the Service will be deemed a party to this agreement. None of the foregoing makes any warranties or assumes any obligation whatsoever with respect to: (i) the Service; or (ii) any claims, losses, liabilities, damages, costs or expenses arising out of the Service, including any warranties arising from claims of intellectual property or privacy infringement, product liability, or failure to perform or perform the Service to a standard or standard. Because some states or jurisdictions do not allow the disclaimer of implied warranties, the above disclaimer may not apply to you.
You expressly acknowledge and agree that cityscaper shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including damages for loss of profits, goods, goodwill, use, data or other intangible damages (including if cityscaper have been advised of the possibility of such damages) resulting from the use or inability to use the service or any other matter related to the service. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of cityscaper and its affiliates shall be limited to the maximum extent permitted by law.
You agree to indemnify and hold cityscaper and its affiliates, officers, agents and employees harmless from any claim, demand, loss, cost or expense, including attorneys' fees, made by any person or entity due to your breach of this agreement, state or federal law or regulation, or the rights of any other person, including infringement of copyright or violation of proprietary or privacy rights. Under no circumstances, including negligent acts, will cityscaper or its affiliates or agents be liable for any damages of any kind arising from the use or inability to use the service.
Certain personal and other data that we collect, process and share are subject to our Privacy Policy. As a condition of using the Service, you agree to the terms of the Privacy Policy, which may be amended from time to time. Our privacy policy, which is referenced herein, is located at https://www.pelicad.com/privacy-policy/app. You agree that your use of the Service is governed by the Privacy Policy.
cityscaper reserves the right to disclose any information, including personal information about you, as necessary to satisfy any applicable law, regulation, legal process or governmental request. cityscaper reserves the right to cooperate fully with any law enforcement authorities requesting or directing cityscaper to disclose the identity of any user who is believed to be violating this agreement. By accepting this agreement, you waive all rights and agree to indemnify cityscaper from any claims arising from any actions taken by cityscaper during or as a result of investigations or from actions taken as a result of investigations by cityscaper or law enforcement authorities.
If you access the Service from the United States, Massachusetts law will govern the interpretation of these Terms, without regard to its conflict of law provisions. The laws of the country in which you reside will govern all other claims, including claims under state consumer protection and unfair competition laws. If you access the Service from another country, the laws of that country will apply. These provisions describe certain legal rights. You may have different rights depending on the laws of your state or country. These Terms do not change your rights under the laws of your state or country if the laws of your state or country do not permit this. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
The European Commission operates an online arbitration board. cityscaper is not obliged to take part in a dispute resolution procedure before this arbitration board or before another consumer arbitration board.
These Terms, the cityscaper Privacy Policy and the other terms mentioned on this page, including those applicable to specific areas of the Service, constitute the entire agreement between the parties regarding this Service.
If any provision of these Terms is legally invalid, the Terms will continue to apply except for such invalid provision. However, if a court determines that a provision is invalid, the court may limit the provision, delete certain words or phrases, or replace the entire provision with a provision that is valid and that best expresses the intent of the invalid provision.
