TERMS AND CONDITIONS
Last updated on 31 January 2017

1. INTRODUCTION

Please read these terms and conditions (“T & Cs”, “Terms and Conditions”). They contain important information with regard to the rights, obligations and restrictions which apply to you (the “User”), should you use an application/service or services of the company TACTICALMEASUREMENTS e.U. All services, applications and content are property of the company TACTICALMEASUREMENTS e.U and are offered for download on mobile phones, tablets, PCs etc. (“Devices”) by us (“us”, “we”, or “our”).

We are a sole proprietorship registered in Austria with seat in: Sebastian-Kneipp-Gasse 9/9, 1020 Vienna, Austria, email: info@tacticalmeasurements.com, Telephone number  +43 660 5559388 and UID Number: XXXXXXXXXX.

By accessing, using, downloading, or installing, or access to content or data (“Content”) in one of our services, which is provided by us through our applications, you are entering into a binding contract with us. This contract includes the Terms and Conditions and our data protection guidelines.

Some of our services are made available to you free of charge. Other services require payment before you can access them. Services, which can only be accessed by payment, are designated as “Pro Service”. Services for which no payment is required are listed and offered without any additional designation. Further details can be found on our website: https://tacticalmeasurements.com.

These T&Cs are valid until the current version dated 6 January 2017 is amended. Amendments of these T&Cs have no effect on contracts which you concluded with us before the amendment date. Should you conclude a contract with us after an amendment of these T&Cs, the amended T&Cs accepted by you are applicable. As the company has its seat in Austria, only the German version of these T&Cs is binding.

If you are not in agreement with any part of these T&Cs, then please do not use our offers! 

2. GENERAL CONDITIONS 

You guarantee that you have reached the legal age in your country before you make use of our offers.

You agree that our offers shall only be used for private, non-commercial purposes.

You may not use the offers for illegal or unauthorised purposes. You agree to adhere to all applicable laws, rules and regulations (such as, e.g., federal, state, provincial and municipal laws) when using our offers, and to the user content (as defined below) contained herein. These also include, in particular, the applicable copyright provisions.

You may access and use our offers at your own discretion.

We expressly point out that you alone are responsible for the use of your firearm. Our offers only give you information regarding your firearm and behaviour and/or condition. In this regard, the legal warranties pursuant to §§ 922 to 933 of the Austrian Civil Code (ABGB) are available to you, and which cannot be excluded to you the consumer. Thus we are not liable for any property or personal damage which was exclusively caused by your use of your firearm. We refer at this juncture to the exclusion of liability pursuant to point 8 of these T&Cs.

We may amend, suspend, or terminate any aspect of our offers at any time, including the availability of functions, databases and content. We can also restrict certain functions and services as well as the access to parts or all services. If these amendments or suspensions shall lead to a complete termination of our services, you have the right to a reimbursement of a reasonable part of the license price.

The continued use of our services may require a download of new software with different functionality and this may be subject to amended T&Cs.

3. RIGHTS

We grant you a non-exclusive, non-transferable, non-sub-licensable, and revocable license, limited in subject matter, for installation and for the personal, non-commercial use of our offers. You acquire a license for the use of our offers, but do not buy it, and we retain ownership and copyright to all copies of the software and user content (as defined below), also after installation on your devices. 

4. INTELLECTUAL PROPERTY 

Our offers include content, which is licensed to you by us as our property. Our contents are thus in particular protected by copyright law, trademark law, as trade secrets and by other laws, and we own and retain all rights to our offers. You may not remove or amend the copyright, trademark or other proprietary notices in our offers and you may not reproduce, modify, adjust, reverse-engineer/decompile, publish, disseminate, transfer, broadcast, sell, license or otherwise use our offers as well as works based thereon. 

Certain components of our offers contain third party open source programs, like audiostream (MIT), ctypes (MIT), kivy-garden (MIT), kivy-garden-graph (MIT), kivy-garden-navigationdrawer (MIT), gstreamer (GNU LGPL), kivy (MIT), libjpeg (MIT), m2crypto (MIT), numpy (MIT), openssl (MIT), pygame (GNU LGPL), pyjnius (MIT), python2.7 (Python Software License (GNU GPL compatible)), scipy (MIT), sdl (MIT), setuptools (MIT), six (MIT), sqlite (Public Domain), twisted (MIT). You may modify or replace only these components provided that: i) the resultant modified version of our offers is used, in place of the unmodified version of our offers; and (ii) you otherwise comply with the terms and conditions and any applicable licensing terms governing the use of the  open source components. We are not obligated to provide any maintenance, technical or other support for the resultant modified version of our offers.

Our trade mark, registered trade name, logos, domain name and other characteristics of our mark (together, our “Marks”) remain our sole property. These T&Cs do not grant you any rights to use our marks commercially. 

5. USER CONTENTS

You may collect audio signals which you have recorded with our offers, access them on your device or save them remotely. The same is applicable to all information, which you provide our offers.  This includes your email address, your comments, as well as the mark and model of your firearm and the mark, calibre, type and weight of your ammunition (collectively, “User Content”). These User Contents are save on our servers.

You retain ownership of your user contents. For user contents, which you make available through our offers, you grant us a worldwide, free of charges and fees, non-exclusive license for the use and duplication, processing, publication, translation, sending, availability and/or dissemination. Your corresponding granting of a license vis-à-vis us in particular serves the purpose of allowing us to make certain functions within our offers available and also to improve them. 

Please choose carefully the words, information, content, and audio recordings that you choose to publish, upload or otherwise make available as User Content through our offers. You alone are responsible for all User content, as set out below. 

The following is an illustrative list of User Content, which is not allowed in our offers. User Contents which are not allowed include content which is either: (1) obscene, defamatory or offensive or endorse/otherwise promote racism, fanaticism, hate and/or bodily harm of any kind against group or individuals, or (ii) consist of information which is knowingly wrong or misleading or endorse/otherwise promote illegal actions or behaviour, which are offensive, threatening, obscene, defamatory, or slanderous; or (iv) consist of an illegal or non-authorised copy of a copyright protected work, such as, e.g., sound recordings, music compositions, and video of third parties, to which you personally neither have the copyright nor a corresponding right such as a license of the copyright holder, or (v) consist of computer programs or links to such works by third parties or information or other resources to circumvent technical copy protection devices of third parties or other material, which infringes upon the rights of third parties or (vi) consists of instructions on how to carry out illegal activities; or (vii) collect passwords or other personal identification data of other users without their consent; or (viii) contain commercial activities and/or sales without our prior written consent, such as contests, prize draws, barter transactions, advertisement, pyramid schemes or so-called “In-App-Purchases; or (ix) infringe upon a third party’s right to privacy. 

We are not responsible for the User Content published within our offers and thus also not liable for it. We do not examine or monitor any User Content, namely neither prior to its publication nor regularly after its publication. If your User Content breaches these T&Cs, you alone are responsible for it. 

6. TERMINATION

You may stop using our offers at any time. The termination of your account, however, does not release you from your obligation to pay any fees due and/or outstanding. We may terminate your user- and access rights at any time with immediate effect for good cause; if 1) you breach any provision of these T&Cs; or 2) you are late with any payment due for one of our Pro-Services, whereby the termination in this case is only in regard to the Pro-Service for which there is a default in payment; 3) we are obligated to terminate due to applicable legal provisions (which, e.g. can be the case if the provision of our offers is or will be illegal for you or us); 4) we decide to partially or completely shut down our services. 

7. WARRANTY

Our services are offered "AS IS", "IF AVAILABLE" and "WITH ALL FAULTS” as well as “LOCK STOCK AND BARREL”. We do not offer any warranty that (a) our services are available 24/7, (b) the results which you receive from the use of our offers are effective, precise, or reliable, (c) the quality of our offers will meet your expectations. We make no representations or warranties that the information (including instructions) in our offers are correct, complete or beneficial. 

Please note that you should inquire about whether the use of our offers is permitted in a certain sovereign territory – such as, e.g., in the country in which you are.

8. EXCLUSION OF LIABILITY

Our liability for ordinary negligence is excluded, whereby this exclusion of liability does not apply to personal damage. 

We are not liable for actions, content, information and data of third parties, and you shall hold harmless and indemnify us, our directors, executive employees, employees and agents from all known and unknown damages, which in any way arise from claims which you have vis-à-vis third parties. 

The use of our offers requires usage of data services provided by your wireless service carrier. You acknowledge and agree that you are solely responsible for data usage fees and any other fees that your wireless service carrier may charge in connection with your use of our offers.

9. GUARANTEE AND COMPENSATION

By uploading your User Contents with or in our offers, you guarantee within the meaning of § 880a ABGB, second case, that you: (1) have all necessary licenses and approvals in order to use and share these User Contents accordingly and (2) have the right to grant us the licenses necessary for this.

You shall indemnify and hold us harmless for all damages, losses, and costs of any kind (including reasonable attorney fees and court costs), which result from: (1) your breach of these T&Cs; (2) your User Contents; and/or (4) your breach of a right of a third party.

10. GOVERNING LAW AND ARBITRATION PROCEEDINGS 

These conditions are subject to Austrian law with the exclusion of international, private law conflict of laws provisions as well as the United Nations Convention on Contracts for the International Sale of Goods.

Place of performance is Vienna, Austria. 

Obligatory Information: 

The Online-Dispute Resolution-Platform of the EU for online sales and service contracts can be found under http://ec.europa.eu/consumers/odr/.  

The Austrian arbitration body for consumer transactions can be found under http://www.verbraucherschlichtung.or.at/

We are, however, not obligated to take part in any of these alternative dispute settlement proceedings.

11. CONTACT

If you have any questions with regard to these T&Cs, please contact us in the contact section of our website under info@tacticalmeasurements.com or in written form at:

TACTICALMEASUREMENTS e.U

Sebastian-Kneipp-Gasse 9/9

1020 Vienna

Austria