DE  EN 

Terms of Use

Terms of Use for Bluespot App

Bluespot App (hereafter "Bluespot") is offered by the company Wall AG, domiciled at Friedrichstrasse 118, 10117 Berlin, Germany (hereafter "Wall AG"). Bluespot is an information service that is offered based on the following Terms of Use.

1. Applicability of Terms of Use

1.1 These Terms of Use apply to every and all usage of Bluespot. Separate or supplementary terms of use may apply to individual services or functions. Wall AG will provide notification to the user upon first use if such services or functions are subject to separate or supplementary terms of use.
1.2 Bluespot enables access to content and services offered by third parties. Content and services offered by third parties are subject solely to the terms of use provided by the respective third parties. If the content or services of third parties are integrated into Bluespot, notification of this fact will be provided to the user when an attempt is made to access them, unless otherwise specified under Section 4.
1.3 Wall AG reserves the right to amend these Terms of Use from time to time. In the event the Terms of Use are modified, notification hereof will be provided to the user when starting the application.

2. Bluespot Service Description

2.1 Bluespot is an interactive guide for selected cities. Wall AG offers the application for free, but reserves the right to charge the user for individual services or functions.
2.2 An internet connection is necessary to use the application, and usage of this connection may result in costs for the user. Bluespot enables content for individual cities to be downloaded to the end device so that this content can also be viewed without an internet connection (i.e. in "offline mode"). Not all functions, services, and content are available in offline mode.
2.3 Bluespot is offered by Wall AG within the scope of technical and operational capabilities and limitations. Wall AG shall strive to offer Bluespot twenty-four hours a day, but does not guarantee the availability of Bluespot at all times.

3. Content and Links

3.1 In almost all cases, the information provisioned within Bluespot by Wall AG has been obtained from third parties (e.g. tourist boards, municipal websites, museums, restaurants, theaters, etc.). Wall AG shall strive to ensure that this information is current. However, Wall AG provides no guarantee concerning the quality of this information or whether it is current, complete, or correct. Wall AG will provide a link directly to the website of the third party offering information in each case (when available), allowing the user to conduct his or her own review of this information.
3.2 Wall AG grants the user a non-exclusive and non-transferable right of use for the content native to Bluespot for the purpose of personal usage on the user's end device.
3.3 Wall AG cannot be held liable for third-party content linked to or provisioned within Bluespot. Wall AG will notify the user that he or she is loading third-party content at the beginning of the respective download, unless otherwise stipulated under Section 4. When opening a link the user will leave Bluespot and enter the browser set in the operating system for accessing web pages. Wall AG reviews links prior to integrating them into Bluespot, but has no influence over third-party content.

4. Implemented Third-Party Services

Bluespot enables the user to share specific information via the social network Facebook.  An active Facebook account is required to use this feature, which is subject to terms of use and data privacy policies of Facebook, Inc. based in the United States. The user must choose to activate the Facebook functionality in Bluespot. Once this feature is activated, special notification regarding connectivity with Facebook is no longer provided. The user may deactivate the Facebook feature at any time from the Settings menu in Bluespot.

5. Data Privacy

The use of Bluespot is subject to the current version of the Privacy Policy for the application.

6. Liability

6.1 Wall AG bears full liability for damages arising from willful intent or gross negligence.  Full liability is also borne by Wall AG for damage to life, limb, or health.
6.2 In the case of ordinary negligence, Wall AG is only liable for violations of essential contractual obligations. The amount of liability shall be limited to the damage typically foreseeable upon commencement of use.
6.3 Liability under product liability law, for deliberately concealed defects, or based on any guarantee that has been assumed by Wall AG remains unaffected hereby.
6.4 Wall AG shall not be liable for unforeseeable circumstances for which it is not responsible, or for acts of God. This applies in particular to damages arising from directives issued by government authorities, from the failure of third-party networks, and to damages arising from strikes or lockouts.

7. Final Provisions

7.1 If individual provisions of these Terms of Use are or become invalid, the remaining provisions shall remain unaffected hereby. Invalid provisions shall be replaced by valid provisions that best approximate the aims of the original provisions from an economic perspective.
7.2 These Terms of Use are subject to the laws of the Federal Republic of Germany.

Last updated: 26 September 2012

Privacy Policy for Bluespot App

Personal data are collected by Wall AG when Bluespot App (hereafter "Bluespot") is used. This Privacy Policy informs you about what data are collected and how they are used by Wall AG.

1. User Data

1.1 User registration is not necessary to use Bluespot.
1.2 If third-party services that require registration are accessed through Bluespot, then this registration is subject to the data privacy policies of the respective third party. Wall AG has no influence over the data privacy policies of third parties.

2. Connection and Usage Data

2.1 When using Bluespot, connection data (i.e. accessed files, the volume of data transferred, time stamp, and whether the transfer was successful) are automatically collected and saved. These data are saved anonymously. The IP address of the user is deleted immediately after the connection ends.
2.2 The anonymized data collected under Section 2.1 are saved and processed for the purpose of optimizing the design of Bluespot. These data are collected, saved, and processed exclusively in Germany.

3. Google Analytics

3.1 Bluespot uses Google Analytics, a web statistics service provided by Google, Inc. (hereafter "Google"). Google Analytics uses and stores information generated by your use of Bluespot. Google will use this information on behalf of Wall AG for the purpose of evaluating use of the application, generating reports on user activity, and providing other services relating to Bluespot and internet usage behavior. Wall AG has activated the IP anonymization feature in Google Analytics. This means that user IP addresses are abbreviated by Google within a member country of the European Union or European Economic Area prior to being transferred to the United States. Only in exceptional cases is the complete IP address transferred to Google servers based in the United States before being abbreviated there.
3.2 The IP address transferred from the user device within the scope of Google Analytics will not be linked to other data maintained by Google. You may decide at any time to prevent your user behavior from being analyzed by deactivating Google Analytics under the Settings menu in Bluespot.

4. Facebook Services

4.1 The user can activate Facebook services from within Bluespot. The usage of Facebook services is subject to the data privacy policies of Facebook, Inc. based in the United States (see http://www.facebook.com/about/privacy/).
4.2  If the user activates the Facebook services in Bluespot, the user remains logged into Facebook until choosing to deactivate the Facebook functionality in the Settings menu of Bluespot. The length of the login session may be limited by Facebook. If Bluespot is closed, the login session at Facebook also ends. This does not apply if the Bluespot window is simply minimized or if the login has taken place through the Facebook App installed on the end device (see Section 4.3).
4.3 If the user has the Facebook App installed on his or her device, the user can allow Bluespot to utilize the login data saved by the Facebook App. When Bluespot is started in the future, the user is then automatically logged into Facebook through the Facebook App, unless the user manually logs out through the Settings menu in Bluespot or through the Facebook App. The length of the login session may be limited by Facebook.
4.4 Wall AG hereby notifies the user that data gathered when using Facebook services are transmitted to the United States, where they are saved and processed. Wall AG is not aware of the precise nature of the data gathered by Facebook, to what purposes these data are used, or if these data are shared with third parties.

Last updated: 26 September 2012

back to Terms