APPLICATION TERMS OF USE

 

Last Revised 10.05.2011

The following Terms of Use ( Agreement governs use of the Easy Eye Application ( App ), as provided by IKONION Digitale Medien GmbH.

( Service Provider,"we, or our ), by all those who access the App, including without limitation persons and representatives of entities, whether such representatives are persons or digital engines of any kind that crawl, index, scrape, copy, store or transmit digital content (collectively, you or your ). Please read the rules contained in this Agreement carefully. By downloading, using or registering on any aspect of the App, you agree to

comply with these rules. If you cannot agree with these rules, please do not download, register for or use the App. For information regarding use of information about you that may be collected via your use of the App, please see the section below labeled Privacy. The Agreement may be modified from time to time: the date of the most recent revisions will be communicated on or through the App, so check back often. Continued access of the App by you will constitute your acceptance of any changes or revisions to the Agreement. Your failure to follow these rules, whether listed below or communicated on or through the App, may result in suspension or termination of your access to the App, without notice, in addition to Service Provider's other remedies.

I.MONITORING

We strive to provide an enjoyable experience for our users, so we may monitor activity on the App to foster compliance with this Agreement. All users of the App hereby specifically agree to such monitoring. Nevertheless, we do not make any warranties or guarantees that: (1) the App, or any portion thereof, will be monitored for accuracy or unacceptable use, (2) apparent statements of fact will be authenticated, or (3) we will take any specific action (or any action at all) in the event of a dispute regarding compliance or non-compliance with this Agreement.

II.Registration and Account Creation

1.REGISTRATION INFORMATION:

Service Provider may at times require that you register and/or set up an account to use certain portions of the App, or the App as a whole. In order to do so, you may be provided, or required to choose, a password, User Id, and/or other registration information (collectively, Registration Information ). You agree and represent that all Registration Information provided by you is accurate and up-to-date. You may not impersonate, imitate or pretend to be somebody eise when registering and/or setting up an account on the App. If any of your Registration Information changes, you must update it by using the appropriate update mechanism on the App, if available. Otherwise, contact our Privacy Policy Coordinator as described in the section below labeled Privacy.

2.USE OF USER ID/PASSWORD:

A.lf you register and/or set up an account on the App, you will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize others to use your Registration Information. You may not sub-license, transfer, seil or assign your Registration Information and/or this Agreement to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement.

B.You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorization, or who has access to any mobile or other device on which your account resides or is accessible.

C.lf you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your Registration Information or any credit, debit or charge card number stored on the App). you must promptly change the affected Registration Information by using the appropriate update mechanism on the App, if available, close the account and notify our Privacy Policy Coordinator as described in the section below labeled Privacy.

3.FEES AND PAYMENTS:

A.Service Provider or third parties may charge you fees for products or services offered for sale through the App, and/or for access to portions of the App or the App as a whole. You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the App by Service Provider or by any third party vendor or provider (such fees, charges and taxes shall collectively be referred to as Fees ). Service Provider reserves the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon prior notice to you.

B.lf you submit your credit. debit or charge card information to Service Provider upon registration or otherwise, you give Service Provider permission to charge all Fees incurred through your account to the credit, debit or charge card you designate. Any additional Fees (other than renewal fees) will be charged at the time they are incurred. If payment cannot be charged to your credit, debitor charge card or your payment is returned to Service Provider for any reason, including charge back, Service Provider reserves the right to either suspend or terminate your account and all its obligations under this Agreement.

III.MEDICAL INFORMATION DISCLAIMER

1.The App is not a device or forum for the transmittal or exchange of medical information, advice or the promotion of self-destructive behavior (e.g., eating disorders, suicide). You should not look to the App for information or advice on such topics. Instead, we recommend that you talk in person with a trusted adult that you know or a medical professional.

2.THE INFORMATION ON THIS APP IS PROVIDED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. AND IS IN NO WAY INTENDED TO DIAGNOSE, CURE, OR TREAT ANY MEDICAL OR OTHER CONDITION. ALWAYS SEEK THE ADVICE OF YOUR OPHTHALMOLOGIST OR OTHER OUALIFIED HEALTH PROVIDER PRIOR TO STARTING ANY TREATMENT AND ASK YOUR DOCTOR ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT. SERVICE PROVIDER AND ITS THIRD PARTY PROVIDERS DISCLAIM ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT PROVIDED ON THIS APP.

IV.Rules of Usage:

1.USE OF THE APP BY YOU:

A.This App is not intended for use by children under age 17. Minors under the age of 17 must get the permission of their parent(s) or legal guardian(s) before downloading, registering for, or using the App.

B.Unless otherwise specified, the App is intended for your personal use only. You may not authorize others to use the App. and you are responsible for all use of the App by you and by those you allow to use, or provide access to, the App. You may not impersonate, imitate or pretend to be somebody else when using the App.

C.You may not provide to or post on or through the App any graphics, text, photographs, images, video, audio or other material that constitutes junk mail, spam, advertising, and/or commercial offers. You may not repeat the same posting multiple times in a day or weck.

D.You agree not to use any obscene, indecent, or offensive language or to provide to or post on or through the App any graphics, text, photographs, images, video, audio or other material that is defamatory, abusive, bullying, harassing, racist, hateful, or violent. You agree to refrain from communicating ethnie slurs, religious intolerance, homophobia, and/or personal attacks on or through the App. E.You further agree not to use any sexually explicit language or to provide to or post on or through the App any graphics, text, photographs, images, video, audio or other material that is sexually explicit. Do not engage in cyber-sex (i.e., virtual or simulated sex ) or solicit another to participate in cyber-sex on or through the App.

F.You may not provide to or post on or through the App any graphics, text, photographs, images, video, audio or other material that is encrypted, invades anyone's privacy, or illustrates, references or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, federal, national or international law or regulation (e.g., drug use, underage drinking). You agree to use the App only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability. Do not provide to or post on or through the App any graphics, text, photographs, images, video, audio or other material that includes instructions for weapon and/or explosive manufacture or use.

G.You are responsible for ensuring that any graphics, text, photographs, images, video, audio or other material you provide to or post on the App does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is provided or posted with the permission of the owner(s) of such rights.

H.The App may contain graphics, text. photographs, images, video, audio and other material that is clearly identified for your use (collectively, Assets ). The Assets are protected by state, national and international copyright, trademark and other intellectual property laws. Nevertheless, we (and our licensors) grant to you the limited, non-exclusive, right and license to use the Assets solely as described on the App, as limited by this Agreement, and provided further that you keep intact any and all copyright and other proprietary notices.

I.The App also contains other graphics, text, photographs, images, video, audio, software, code, and other material that is provided by Service Provider or its licensors and is not clearly identified as, or intended, for your use, including without limitation the organization, design, compilation, and look and feel of the App, and advertising thereon (collectively, App Content ). The App Content is protected by state, national and international copyright, trademark and other intellectual property laws, and is the property of Service Provider or its licensors. The copying, reproduction. publication, display, rearrangement, redistribution, modification, revision, alteration, cropping, re­ sizing, reverse engineering, movement, removal, deletion, or other use or change by you, directly or indirectly, of any such App Content, including but not limited to the removal or alteration of advertising, is strictly prohibited.

J.You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, aggregation or otherwise, of material obtained through the App, including without limitation the Assets or App Content, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement, Service Provider or the App.

K.You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the App or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the App.

L.You may not attempt to gain unauthorized access to Service Provider's servers by any means - including, without limitation, by using administrator passwords or by masquerading as an administrator while using the App or otherwise.

M.You acknowledge that Service Provider has not reviewed and does not endorse the content of all sites or services (including other applications) linked to from this App and is not responsible for the content or actions of any other sites, services or applications linked to from this App. Your linking to any service or site is at your sole risk.

2.COMMENTS BY OTHERS ARE NOT ENDORSED BY SERVICE PROVIDER:

Service Provider does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on forums, blogs or otherwise contained in the App. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements and do not necessarily represent the views of Service Provider or its third party service providers. You agree that Service Provider and its third party service providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.

3.USE OF MATERIAL SUPPLIED BY YOU:

Except as expressly provided otherwise in this Agreement, you agree that by posting messages, uploading text, graphics, photographs, images, video or audio files, inputting data, or engaging in any other form of communication with or through the App, you grant us a royalty­ free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt. translate, enhance, transmit, distribute, publicly perform, display, or sublicense any such communication (including your identity and information about you) in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorize others to do so. In addition, please be aware that information you disclose in publicly accessible portions of the App (if any) will be available to all users of the App, so you should be mindful of personal information and other content you may wish to post.

4.COPYRIGHT COMPLAINTS:

A.Service Provider respects the intellectual property of others, and we ask our users to do the same. Service Provider may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copynght rights of others.

B.lf you believe that your work has been copied and is accessible on the App in a way that constitutes copyright infringement, or that the App contains links or other references to another location that contains material or activity that infringes your copyright rights, you may notify Service Provider by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. see, 512) to our copyright agent set forth below:

(i)A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed: (ii) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works: (iii)ldentification 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 reasonably sufficient to permit Service Provider to locate the material: (iv) Information reasonably sufficient to permit Service Provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted; (v)A statement that the complaining party has 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; and (vi)A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed Privacy Policy Coordinator. Only copyright complaints should be sent to Coordinator. No other communications will be accepted or responded to. For communications on other matters, please contact Service Provider through the means described on the App, if available, or notify our Privacy Policy Coordinator as described in the section below labeled Privacy.

5.MERCHANDISE SOLD ON OR THROUGH THE APP:

Neither Service Provider nor its third party service providers make any warranties with respect to any of the merchandise, products, and/or services featured, mentioned, or sold on or through the App. Transactions for any such item shall be between the user and the third party seller, distributor. or manufacturer without any involvement of Service Provider or its third party service providers. You agree that Service Provider and its third party service providers are not responsible, and shall have no liability to you, with respect to merchandise, products, and/or services featured, mentioned, sold, or distributed on or through the App, including illegal, offensive or illicit items, even items that violate this Agreement.

6.INDEMNIFICATION:

You agree to indemnify, defend and hold harmless Service Provider, its parent, subsidiary and affiliated entities. and third party service providers, and each of their respective officers, directors, members, employees, independent and sub-contractors, agents, representatives, successors and assigns from and against any and all claims and liabilities (including attorneys fees) which may arise from your submissions, from your unauthorized use of material obtained through the App, or from your breach of this Agreement, or from any such acts through your use of the App.

7.EDITING AND DELETIONS:

Service Provider reserves the right, but undertakes no duty, to review, edit, move or delete any material provided for display or placed on the App in its sole discretion, without notice. If you do not accept updated versions of the App as they become available, your experience may not reflect the most recent material, features and/or content, for which Service Provider specifically disclaims any and all responsibility and liability.

B.ADDITIONAL RULES:

Service Provider reserves the right to communicate through the App or otherwise, from time to time, additional rules of usage that apply to specific parts of the App. Your continued use of the App constitutes your agreement to comply with these additional rules. 9.DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY: YOU ACKNOWLEDGE THAT YOU ARE USING THE APP AT YOUR OWN RISK. THE APP IS PROVIDED AS IS, AND THE SERVICE PROVIDER. ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED. INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE. MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE APP. SERVICE PROVIDER, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENTOR WARRANT THAT ACCESS TO THE APP WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE APP. SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TOYOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF THE APP HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TOOR INABILITY TO ACCESS THE APP, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE APP, YOUR USE OF OR RELIANCE ON THE APP OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE APP, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. YOU HEREBY AGREE TO RELEASE SERVICE PROVIDER, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEOUENTIAL) OF EVERY KIND AND NATURE. KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, CLAIMS ), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE APP. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES. IN PART: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WH ICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE. WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR .

10.TERMINATION OR SUSPENSION OF ACCESS TO THE APP:

Service Provider has the right to terminate and/or suspend your ability to access the App or any portion thereof, for any or no reason, without notice.

11.JURISDICTION:

Service Provider makes no representation that materials on the App are appropriate, available or legal in any particular location. Those who choose to access the App do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that this Agreement. for all purposes, shall be governed and construed in accordance with the laws of the State Baden-Würtember, Germany applicable to contracts to be wholly performed therein, and any action based on, relating to, or alleging a breach of this Agreement must be brought in a state or federal court in Mannheim, Baden-Würtemberg, Germany. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.

12.AUCTIONS:

We may at times offer auctions on the App: should we do so, we may use third-party service provider(s) to administer the auctions. If so, you must agree to such third party's user agreements, contracts and rules pertaining to the use of its service. Neither Service Provider nor its auction service provider(s) have any control or assume responsibility for the quality, safety or legality of the items advertised. If we offer auctions on the App, we merely provide a venue to bring buyers and sellers together. If you participate in auctions on the App, please note that Service Provider does not participate and does not have any control over or assume any responsibility or liability for the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to seil items, or the functionality of the auction services.

13.APPLE INC.:

By accessing this App through a device made by Apple, Inc. ( Apple ), you specifically acknowledge and agree that: (i) this Agreement is between Service Provider and You; Apple is not a party to this Agreement: (ii) Apple and its subsidiaries are third party beneficiaries of this Agreement and upon your acceptance of the terms and conditions of this Agreement, Ap ple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you; (iii) the license granted to you hereunder is limited to a non-transferable right to use the App on the Apple device(s) authorized by Apple that you own or control and as permitted by the Usage Rules set forth in Apple's

App Stare Terms of Service; (iv) Apple has no obligation whatsoever in connection with the functionality or content of the App, or to furnish any maintenance or support services with respect to the App; (v) in the event of any failure of the App to conform to any applicable warranty,

you may notify Apple, and Apple will refund the amount you paid for the App, if any (to the maximum amount permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App); (vi) Apple is not responsible for addressing any claims by you or a third party relating to the App or your possession and/or use of the App, including without limitation (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; (vii) in the event of any third party claim that the App or your possession and use of the App infringes such third party's intellectual property rights, Apple is not responsible for the investigation, defense, settlement and/or discharge of such claim; and (viii) you represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S.Government asa terrorist supporting country:and(b) you are not listed on any U.S.Government list of prohibited or restricted parties.

V.PRIVACY

1.THE TYPE OF INFORMATION THE APP COLLECTS:

A.The App generally collects personally identifying information with your specific knowledge and consent. For instance, if you enter a sweepstakes or contest, complete a survey, make a purchase, subscribe to our publication(s), or register for any portion of our services, you may be asked to provide information such as your e-mail address, name or phone number. Optional information such as your age or gender may also be requested. B.Service Provider may also automatically collect information about the mobile or other device you use to access the App, including for example the make and model of your device, and (if applicable) the type of browser software you use, the operating system you are running, and your Internet Protocol ( IP ) address. In addition, your location may be collected and stored via the functionality of your mobile or other device and. if so, Service Provider may store and have access to such information.

2.HOW THE APP USES INFORMATION PROVIDED BY YOU:

A.Service Provider uses personally identifying information you supply through the App to provide you with the service you have requested. For example, if you subscribe to any of our publications, we may use your e-mail address to send you a confirmation notice and your mailing address to send you the publication. Similarly, if you enter an online sweepstakes, we will use this information to notify you if you are a winner. We may also use the information to communicate with you about new features, products or services, and/or to improve the services that we offer by tailoring them to your needs. B.Unless otherwise specified on the App, Service Provider may seil or share personally identifying information with our affiliates and with carefully selected companies who we think can offer you services and products of interest to you. If you do not wish to have your personally identifying information shared, write to us at the street address set forth at the end of this document. If you do not wish to receive future commercial communications from us by e-mail, simply follow the unsubscribe instructions contained within the e-mail. If you've registered on any part of the App, please use the mechanism on the App that allows you to change or update your member preferences or information, if available, to keep all such date accurate and up-to-date. Otherwise, contact our Privacy Policy Coordinator as described below with your changes. C.We also allow access to our database by third parties that provide us with services, such as technical maintenance, but only for the purpose of and to the extent necessary to provide those services. And if you choose to purchase items through features on the App, we may forward your information to third parties for services such as credit card processing and order fulfillment. There are also times when you provide information about yourself to us on or through parts of the App that may be managed or participated in by third parties, such as shopping areas. In such cases, the information may be used by us and by such third party(ies), each pursuant to its own policies. We may also provide your information to our advertisers, so that they can serve ads to you that meet your needs or match your interests. While Service Provider will seek to require such third parties to follow appropriate privacy policies and will not authorize them to use this information except for the express purpose for which it is provided, Service Provider does not bear any responsibility for any actions or policies of third parties.

D.We may also provide access to our database in order to cooperate with official investigations or legal proceedings, including, for example, in response to subpoenas, search warrants, court orders, or other legal process. E.ln addition, we reserve the right to use the information we collect about your mobile or other device (including its location), which may at times be able to identify you. for any lawful business purpose, including without limitation to help diagnose problems with our servers, to gather broad demographie information, and to otherwise administer the App. Location information about your device may specifically be used to show you content and sponsored messaging based on location when and where that feature is available. F.While your personally identifying information is protected as outlined above, we reserve the right to use, transfer, seil, and share aggregated, anonymous data about our users as a group for any business purpose, such as analyzing usage trends and seeking compatible advertisers and partners. G.ln addition. as our business changes, we may buy or seil various assets. In the event all or a portion of the assets owned or controlled by Service Provider, its parent or any subsidiary or affiliated entity are sold, assigned, transferred or acquired by another company, the information from and/or about our App users may be among the transferred assets.

3.LOCAL DEVICE STORAGE:

A.The App may place and/or store code or other types of information on your mobile or other device to control the display of ads, to track usage patterns, to deliver editorial content, to record registration and personalization information, and/or other purposes ( Local Device Storage ). For example, if you register on any part of the App and are given the option to save your user name and password, we may provide this convenience to you via Local Device Storage. Local Device Storage may also involve your personally identifiable information. B.Some of our advertisers may also use Local Device Storage or similar technologies in connection with your mobile or other device and, if so, Service Provider bears no responsibility or liability in connection therewith. C.We may also use advertising service vendors to help present advertisements on the App. These vendors may use Local Device Storage or similar technologies to serve you advertisements tailored to interests you have shown, to determine whether you have seen a particular advertisement before and to avoid sending you duplicate advertisements. In doing so, these vendors may collect non-personal data including for example the make and model of the mobile or other device you are using, and (if applicable) your location, the type of browser software you use. the operating system you are running, IP address, content viewed, ads viewed, and other clickstream data. The use of Local Device Storage or similar technologies by these advertising service vendors is subject to their own privacy policies, not ours, and Service Provider disclaims all liability in connection therewith. D.lf you don't want to be subject to Local Device Storage, your mobile or other device may include an option that allows you to not accept it. However, if you disable Local Device Storage. some portions of the App may not function properly.

4.INFORMATION SECURITY AND NOTIFICATION:

Because no data transmission is completely secure, and no system of physical or electronic security is impenetrable, Service Provider cannot guarantee the security of the information you send to us or the security of our servers or databases, and by using the App you agree to assume all risk in connection with the information sent to us or collected by us when you use the App. In the unlikely event that we believe that the security of your information in our possession or control may have been compromised, we may seek to notify you. If notification isappropriate, we may notify you through the App or otherwise via your mobile or other device.

5.KIDS AND PARENTS:

A.This App is not intended for use by children under age 17. Minors under the age of 17 must get the permission of their parent(s) or legal guardian(s) before downloading, registering for, or using the App.

B.lf your children disclose information about themselves in publicly accessible areas of the App, they may get unsolicited messages from other parties. Accordingly, you should teil them not to do so. C.lf you're worried about your children's activities or their privacy on the App, we encourage you to contact our Privacy Policy Coordinator as described below.

6.PRIVACY POLICY COORDINATOR:

If you have any concerns or questions about any aspect of this Agreement, please contact our Privacy Policy Coordinator as follows:

Privacy Policy Coordinator

IKONION Digitale Medien GmbH, Gaußstrasse 10, 68165 Mannheim, Germany

info@ikonion.com

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If you do not agree to the above terms and conditions, you are forbidden from downloading, registering for, or using the App.