Terms and Conditions
Operating system requirements: The LOLSUMO application requires Internet access and an iOS device (with iOS 8.0 or later) or an Android device (with OS 4.4 or later).
You have the right to withdraw from any transaction with us without charge and without any reason before downloading the LOLSUMO application. You will lose the right to cancel the transaction once you start to download the LOLSUMO application.
About our Services
Bayes Holding GmbH provides you with an application called LOLSUMO. LOLSUMO is a companion app for the game League of Legends. It is made to help people understand their game and improve faster and get in depth insight in their personal game performance.
Acceptance of Terms and Conditions
As set out in the terms and conditions relating to our Services, you must be at least 13 years old to access and/or use our Services. We do not knowingly collect personal data about children under the age of 13.
If you do not agree to abide by these terms, you may not use LOLSUMO or any other services offered by Bayes Holding GmbH. In this case, do not download LOLSUMO, or if you already have it installed, please stop using our service and uninstall it.
You can find these terms at any time by visiting the following web site http://lolsumo.com/terms-and-conditions.html. We reserve the right to update these terms from time to time by posting the updated version at that address. We may do so for a number of reasons including without limitation because we change the nature of our products or services, for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our terms then you shall immediately stop accessing and/or using our Services.
Description of Service and Pricing
Bayes Holding GmbH provides you with a smartphone application called LOLSUMO that includes features like real time guides, match analysis and performance ratings. Unless otherwise stated, any further services that may be provided by Bayes Holding GmbH are also subject to these terms
LOLSUMO offers you the possibility to create an account via SMS. The core service and the pro features can be used without registration. How ever if you create an account you gain access to the following features:
You have no access to these features if you are not registered.
You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. Each account must be used individually and is not transferable.
You agree to not share your account with any third party, to immediately notify Bayes Holding GmbH should you suspect any unauthorised use of your account, to provide true, up-to-date and complete information about yourself during registration, and ensure this information remains up-to-date.
You must comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our Services.
You agree that you will not use LOLSUMO or any other applications offered by Bayes Holding GmbH to maliciously attempt to access or damage the data of other users or third parties, that you will not try to hack or unlawfully distribute or sell the software of LOLSUMO or any other applications released by Bayes Holding GmbH, and that you will not attempt to interfere with any other party’s appropriate use of the service without their permission. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express prior written consent of Bayes Holding GmbH.
You promise that all the information you provide to us on accessing and/or using our Services is and shall remain true, accurate and complete at all times.
You agree that you will not:
You understand that should you violate these terms, Bayes Holding GmbH may terminate your right to access and use the service at our discretion without warning and without being obliged to provide a refund.
Termination of Service
Bayes Holding GmbH may terminate your access and use of the service at its discretion if it has good reason to believe you have breached these terms. In such circumstances you are not entitled to any refund
Bayes Holding GmbH may modify or discontinue, temporarily or permanently, the service (or any part of it) at its discretion. Notice of any such modification or discontinuance will be communicated in the App. You agree that Bayes Holding GmbH shall not be liable to you or to any third party for any modification or discontinuance of the service.
Bayes Holding GmbH (or its licensors) retains all intellectual property rights in its services including without limitation in LOLSUMO or any other applications released by Bayes Holding GmbH, including all software and all other content provided by Bayes Holding GmbH
Subject to the above, Bayes Holding GmbH grants you the limited, personal, non-transferable, non-sublicensable, worldwide and non-exclusive licence to use its software in accordance with these terms and for your non-commercial and personal use.
Your licence to use the LOLSUMO application is restricted to use of the object code of the LOLSUMO application, and it is a condition of such licence that, except to the extent expressly permitted under applicable law, you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. Additionally, you understand that you may have to agree to additional terms and conditions before you use such software or any third party content
You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the service or the LOLSUMO application, in whole or in part, except with Bayes Holding GmbH explicit permission
You further agree: (i) to include our copyright notice on all entire and partial copies you make of the application on any medium in accordance with these terms; (ii) not to provide or otherwise make available the LOLSUMO application in whole or in part (including object and source code), in any form to any person without prior written consent from us; and (iii) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the application or any service.
You indemnify and hold Bayes Holding GmbH, and its affiliates, and its and their officers, directors, agents, co-branders or other partners, and employees, harmless from any losses, damages, cost, expense (including reasonable legal fees) or other liability, arising out of any claim, demand, allegation or proceeding brought by any third party due to or arising out of any content you provide, your use of the service (including without limitation the LOLSUMO application), your connection to the service (including without limitation the LOLSUMO application), your breach of these terms, or your violation of any rights of another person or entity.
Disclaimers and Limited Liability
You understand that all Bayes Holding GmbH’s services and apps are provided AS-IS and that you use such services and apps at your own risk. Bayes Holding GmbH disclaims all warranties of any kind, express of implicit, to the fullest extent possible having regard to applicable laws. This includes but is not limited to any implied warranties of merchantability, fitness for a particular purpose and non-infringement. Bayes Holding GmbH does not assume any responsibility for any loss of your personal or non-personal data, loss of access to the service, or any other errors that may impede your use of the service.
We only supply the services for domestic and private use. You agree not to use the services for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Our maximum aggregate liability under or in connection with these terms (including your use of any services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the amount you paid us in the 6 months immediately preceding the event giving rise to a claim provided that nothing in these terms shall limit or exclude our liability for: (i) fraud or fraudulent misrepresentation; and (ii) any other liability that cannot be excluded or limited by German law.
These terms and the relationship between you and Bayes Holding GmbH shall be governed by the laws of Germany without regard to any conflict of law provisions of any jurisdiction. Both you and Bayes Holding GmbH agree to submit to the exclusive jurisdiction of the German courts, except that Bayes Holding GmbH may seek injunctive relief in any jurisdiction in order to enforce its rights under these terms.
No person other than you and Bayes Holding GmbH shall have any rights under these Terms in relation to your use of our services.
Any failure of Bayes Holding GmbH to exercise or enforce any right or provision of the terms shall not constitute a waiver of this right or provision. If any provision of the terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the terms shall remain in full force and effect.
You agree that these terms represent the entire understanding between you and Bayes Holding GmbH in respect of your relationship with Bayes Holding GmbH (except in respect of Paid Services, which are also governed by the Paid Services Terms). These Terms and Conditions supersede any previous agreements between you and Bayes Holding GmbH including any previous version of these Terms of Service.
Questions, comments and requests regarding our terms and conditions are welcomed and should be addressed to Bayes Holding GmbH GmbH, Axel-Springer-Strasse 54B, 10117 Berlin or firstname.lastname@example.org.