Last modified: August 23, 2019.
(These terms are based on the terms maintained by @appdotnet at https://github.com/appdotnet/template-terms-of-service)
This Terms of Service (“Agreement”) is a legal agreement between (“PullRequest Badges”, “us”, or “we”) and the entity or person (“you”, “your”,“user”) that has purchased a subscription or authenticated through GitHub to receive certain data and other business services that may be offered by PullRequest Badges and other associated products, applications and services (“Services”). This Agreement describes the terms and conditions that apply to your use of the Services. Please read these terms and conditions of service (these “TERMS”) carefully.
If you access or use the Service, this implies that you agree to be bound by all of the floowing terms. Read all of the terms before using the Service. Please do not use the Service if you do not agree to all of the terms. Please let us know by e-mailing firstname.lastname@example.org if a term does not make sense to you.
We reserve the right to modify these Terms at any time. For instance, we may need to change these Terms if we come out with a new feature or price changes. Whenever we make changes to these Terms, the changes are effective 30 days after we post such revised Terms (indicated by revising the date at the top of these Terms). It is your responsibility to check PullRequest Badge for changes to these Terms. If you continue to use the Service after the revised Terms go into effect, then you have accepted the changes to these Terms.
When you create an account or use another service to log in to the Service, you agree to maintain the security of your password and accept all risks of unauthorized access to any data or other information you provide to the Service.
If you discover or suspect any Service security breaches, please let us know as soon as possible.
We put a lot of effort into creating the Service including, the logo and all designs, text, graphics, pictures, information and other content (excluding your content). This property is owned by us or our licensors and it is protected by German, and international copyright laws. We grant you the right to use it.
However, unless we expressly state otherwise, your rights do not include: (i) publicly performing or publicly displaying the Service; (ii) modifying or otherwise making any derivative uses of the Service or any portion thereof; (iii) using any data mining, robots or similar data gathering or extraction methods; (iv) downloading (other than page caching) of any portion of the Service or any information contained therein; (v) reverse engineering or accessing the Service in order to build a competitive product or service; or (vi) using the Service other than for its intended purposes. If you do any of this stuff, we may terminate your use of the Service.
You may create a hyperlink to the Service. But, you may not use, frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information without our express written consent.
PullRequest Badge makes no claim or representation regarding, and accepts no responsibility for third party websites accessible by hyperlink from the Service or websites linking to the Service. When you leave the Service, you should be aware that these Terms and our policies no longer govern.
We reserve the right to disable your account temporarily if your usage exceeds other users average. We will, of course, reach you before taking any action except in rare cases where the level of use may have a negative impact on other users performance of the Services.
You agree to enable us to use the name and logo of your company or organization to identify you as a PullRequest Badges user or customer on our website and in advertising materials. By notifying us in writing to stop using the name of your organization in our advertising materials, you may revoke this approval. PullRequest Badges, however, will not be required to remove or recall any previous use or distribution of advertising products.
THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.
IN NO EVENT WILL PullRequest Badge BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY OTHER SERVICE AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID TO PullRequest Badge. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees, costs, penalties, interest and disbursements) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to your use of the Service or the use of the Service by any person using your account, including any claim that your use of the Service violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms.
The validity of these Terms and the rights, obligations, and relations of the parties under these Terms will be construed and determined under and in accordance with the German and international law, without regard to conflicts of law principles.
You expressly agree that exclusive jurisdiction for any dispute with the Service or relating to your use of it, resides in the courts of Stuttgart, Germany and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Stuttgart, Germany in connection with any such dispute including any claim involving Service. You further agree that you and Service will not commence against the other a class action, class arbitration or other representative action or proceeding.
If you breach any of these Terms, we have the right to suspend or disable your access to or use of the Service.
These Terms constitute the entire agreement between you and PullRequest Badge regarding the use of the Service, superseding any prior agreements between you and PullRequest Badge relating to your use of the Service.
Please let us know what you think of the Service, these Terms and, in general, PullRequest Badge. When you provide us with any feedback, comments or suggestions about the Service, these Terms and, in general, PullRequest Badge, you irrevocably assign to us all of your right, title and interest in and to your feedback, comments and suggestions.
Questions or comments about the Service may be directed to us at the email address email@example.com