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Terms and conditions

§ 1 Scope

For the use of the website www.locationscout.net of Locationscout.net (including the associated domains like www.location-scout.net etc.) (hereinafter termed as "provider") apply the following conditions. The use of the website is only permitted if you agree to these terms of use.

§ 2 Sign up, conclusion of contract

  1. The registration via the online form is a prerequisite for the use of the website. The user is obliged to fill in all given fields in the registration form correctly and truthfully. After signing up via the online form on the website, you get a verification e-mail, with which you can confirm your registration by clicking on the link. With the activation of your account a gratuitous license agreement is created. Multiple registrations are generally not allowed.
  2. Contract is the free use of the website features. For this purpose, we will provice you an "account", which allows you to use all functions of the website.
  3. There is basically no legal claim to activation or participation on the website. It is the full householder's rights of the provider.
  4. Your account may be used only by you and you as the owner of the account are responsible for the protection against its misuse. Therefore, you have to protect your data from unauthorized access. The use of trademarked words and internet addresses as your username (nickname) is not allowed.
  5. The provider strives to offer the website as interruption-free as possible. With all diligence downtime can not be excluded, in which the web server due to maintenance or technical / other problems that are not within the control of the provider (force majeure, third party, attacks against the infrastructure by hackers etc.) on the internet is not available. The user acknowledges that a completely uninterrupted availability of the website is technically not feasible.
  6. The provider reserves the right to develop and adapt the structure and content of the website and the associated user interfaces, if this means the purpose agreed with the user is not or not significantly affected.
  7. It is among the users to ensure a peaceful and respectful treatment without insulting hostility.

§ 3 Duties of the website user

  1. You as the user agree that you will not publish posts that violate these rules, the morality or otherwise violate applicable German law. In particular, it is forbidden to you,
    • insulting to publish false, harassing, threatening, racist, violent, or offensive content;
    • illegal / criminal or pornographic content, equal to neither kind;
    • the representation of radical political / religious or illustrative world views,
    • to use law, particularly by copyright, personality, performance, trademark or other rights protected content without authorization;
    • depictions of violence and depictions of drug abuse abdomen,
    • to send spam through the system to other users;
    • practices considered as unfair competition;
    • to publish press releases of third parties without the consent of the author on the website;
    • to advertise on the site without the express written consent of the provider.
    Similarly, hyperlinks to the above content is prohibited.
    Inadmissible is also the automated retrieval of content or the use of scripts in the use of the website.
  2. You as the user agree that your posts and images before publication to check to see if this may include information that you do not want to publish. Your posts and images can be listed in search engines and thus made ​​available worldwide. Claims against the seller for cancellation or correction of such entries search engines are excluded.
  3. You as a user are responsible for ensuring that all published website contents are free of worms, viruses, trojans or other programs that may affect the continued existence and functioning of the website.
  4. You as a user are obliged by setting your content on the website to check the above terms and conditions carefully.
  5. In violation of the above rules (especially § 3 para 1 and 2), the provider, regardless of any termination, impose the following sanctions against the user:
    • deletion or modification of content that the user entered,
    • Issue a warning, or
    • blocking user access.
  6. Also, the provider is entitled to you as a user, if a reasonable suspicion that you have violated against the terms of use, to block access to the website. You have the ability of these measures to avert, by remove the doubts by documentary proof, at his own expense.
  7. If due to possible violations of law of other users or third parties take the provider to claim that a) result of the content posted by you as a user and / or b) arising from the use of the services of the provider by you as a user, you agree as a user to excuse the provider from any and all claims, including claims for damages, indemnify and the provider to reimburse the costs incurred because of the possible infringement. The provider is particularly exempted from the cost of legal defense. Also, the provider is entitled to demand an appropriate advance of you as a user for this purpose. As a user, you are also required to assist the provider in good faith with the documents and information in a legal defense against third parties. All other rights, including damage claims by the supplier shall remain unaffected. The obligations referred to before do not exist, if you do not have to represent the possible infringement.

§ 4 Transfer of rights of use

  1. The copyright for your posts and images will remain basically at you as a user if these posts and images are copyrightable. However, you as a user vacate the provider with setting a post or an image the right to permanently save the subject on its website. In addition, the provider has the right to delete your posts or images, edit, move or close them.
    Furthermore, you are aware that all of your published content is reproduced and made ​​publicly available to third parties. Thus it is also possible to retrieve and download the content posted. This third party use and acts of reproduction made ​​possible that both can not be controlled by the user and the provider.
  2. In the event of termination of the account the aforementioned rights still remain.
  3. The provider is not responsible for acts of exploitation of users of the website or any third party.

§ 5 Limitation of liability

  1. For the content placed on this website, especially for the correctness, completeness and topicality the owner of this site assumes no responsibility.
  2. For intent and gross negligence and for breach of a contractual obligation - obligations that enable the fulfillment of the proper execution of the contract in the first and on the fulfillment of the contractual partner may regularly rely - is liable to the provider. The provider is liable under the limitation on compensation for the foreseeable upon conclusion of contract-typical damage for such damages caused by a slightly negligent breach of essential contractual obligations by him or one of his legal representatives or vicarious agents. The provider is not liable for slightly negligent breach of obligations that are not essential contractual obligations. This does not affect the liability for damages that fall within the scope of a providers guarantee or warranty and liability for claims under the product liability act and damages from injury to life, body or health.

§ 6 Party-rights

There may be no vendor's software decompiled, copied or altered in any form.

§ 7 Subject to alterations

  1. The provider reserves the right to change the terms of use and privacy policy. A change will be communicated to the user.
  2. The user has the right to object to the changes. In case of an effective opposition existing between the provider and the user the contractual relationship is terminated with immediate effect.
  3. The changes are binding and considered as accepted, provided that the user has not objected to the changes.

§ 8 Duration / termination of the contract

  1. This agreement is concluded for an unlimited period of time.
  2. For both parties, there is the possibility to terminate this agreement at any time and without notice.
  3. The provider is entitled to termination of this agreement, to terminate the user's access. The provider is entitled but not obliged, in case of termination to delete content created by you as a user, but you as a user are not entitled to transfer the content you have created.

§ 9 In general

For the above terms of use and the entire legal relationship between the provider and the user the law of the Federal Republic of Germany applies. Place of performance is the location of the provider.

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Privacy

We take your privacy very seriously, because we know that this is important to you and because we also care about how our personal data is used on other websites. Based on this principle, we are trying to gather as little information as possible to offer photographers and travelers around the world the best possible solution to plan their trips and find the most beautiful places for photography. By visiting our website, signing up for a profile or using any of our services, you are accepting to comply with this privacy policy.

By accessing the website data is collected by us, which is passed to us by your device (eg. your browser). The processing of this data on Locationscout.net takes place for the purpose, to enable the use of the services (connection, retrieval of data), for system security, for technical administration and optimization of our services. The data we collect can be separated into two types: Data provided by you and data, that is automatically gathered by us to provide and optimize our services.

Personal data provided by you

Registration: If you sign up to our platform to use more than the basic services we offer to anonymous users, we require certain personal information. We do this to be able to communicate with you and to provide our services in a secure and user oriented way. Therefore we collect only a very limited amount of data from you like your name, the e-mail address, the country you are from and your personal password so that you are able to login to Locationscout.net. We are saving the e-mail address and your name for the purpose of the communication with you. The country is required to personalize the feed of our homescreen.

Profile: Based on the data we collected during the sign up process, we created a user profile for you, which can be used to share your own photos from spots around the world or to bookmark spots so that you can save and find them later again. The user profile can be edited by you, so that you can individualize it by adding details about your gender, the hometown you are coming from, a description about, a profile photo and by adding links to your website and/or social media profiles. You can even set a "displayed name", which will override the standard (first name + last name) and show this name in your profile in case you prefer to show only your first name or an artist's name. All this information about you is optional and you have the right to edit, update, access and delete your personal information if you are terminating your registration on Locationscout.net.

Contact Form: As part of the services, Locationscout.net provides the possibility to submit any questions, comments, etc. through an electronically offered contact form. Please note that you must provide your name as personal data usage and processing of the request in this case. The e-mail address is optional and if you decide to submit the form without entering one, we won't be able to answer you. The contact form in general is used like an e-mail you send to us and the data submitted by the form is only stored in the form of an e-mail, that is send to our main contact address. We won't use the data you provide here for anything else than answering your request.

Automatic data

View Counter: Locationscout is counting the views on profiles, spots, country-, theme- and location-pages. To count every view only once, we are anonymously saving the pages you visited within a Cookie. This data isn't stored on our servers and it's only used to count the correct amount of views on these pages. The profile counter is shown to you in your profile to give you a feeling on how often somebody else saw your profile or one of the spots/photos you shared. Any other anonymous counter is used internally to calculate the relevance of each page, for example used to order the search results based on pages that are viewed more often than others.

Profile: If you registered for our services, we additionally save the time of your last activity and your IP address for security reasons. IP addresses are used to transport data from sender to the intended recipient. Similar to the mailing address on an envelope data packets are provided with an IP address that clearly identifies the recipient.

Google Analytics: This website uses Google Analytics, a web analytics service provided by Google Inc. ("Google"). Google Analytics uses "cookies", text files that are stored on your computer and which enable an analysis of your use of the website. The information generated by the cookie about your use of the website (including your truncated IP address) will be transmitted to a Google server in the USA and stored over there. Locationscout.net activated the IP anonymization, so that your IP address will be truncated of the last digits. For this reason a backtracking to your person or the consolidation of this data with other data Google already may have collected about you is not possible anymore. Only in exceptional cases is the complete IP address transmitted to a Google server in the USA and shortened there. On behalf of Locationscout.net Google will use this anonymized information to evaluate the use of the website, compiling reports on website activity for website operators and providing other with website and internet related services to Locationscout.net. Google may also transfer this information to third parties unless required by law or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser; however, we point out that you may not be able to use all functions of this website in this case.
You can also prevent the collection of data generated by the cookie relating to your use of the website (including your IP address) to Google and the processing of these data by Google, by downloading and installing the following browser plugin, which is available at: https://tools.google.com/dlpage/gaoptout?hl=de/
You can also prevent Google Analytics from tracking your visit by clicking on the following link, where an opt-out-cookies is set to prevent any further tracking on this website: disable tracking

Google Maps: This website uses Google Maps to display geographical information within spots, locations and countries in a visual way. By using Google Maps as an embedded service within Locationscout.net, Google is gathering data about the API users and the usage itself. You can find more information about this in the privacy statement of Google: https://policies.google.com/privacy?hl=en

Google Adsense: Google uses cookies to help serve the ads that it displays on the websites of its partners, such as websites displaying Google ads or participating in Google certified ad networks. When users visit a Google partner's website, a cookie may be dropped on that end user's browser. Google uses cookies to serve ads based on a user's previous visits to this or other websites. You can opt out of personalized advertising by visiting Google's Ads Settings.

YouTube: This website uses YouTube plugins on just a few pages to display additional video content. YouTube is provided by Google Inc. ("Google"). As soon as you visit a page with an embedded video player, a connection to the YouTube servers needs to be established to load the data. Within this process, the YouTube-server gets information about which page you visited and if you are logged in with your YouTube-account, you are enabling YouTube to match your web usage behavior to your YouTube-account. You can prevent this by logging out of your YouTube-account.
You can find more information about this in the privacy statement of Google: https://policies.google.com/privacy?hl=en

External font libraries: This website uses external font libraries to improve the visual appearance by using a consistent font type set (provided by Google Web Fonts) and icon fonts (provided by FontAwesome). These font libraries are loaded through cached CDNs, which improves the loading speed of these fonts for our users. This loading process is automatically triggering a call to load the data from these external sources. Therefore it is theoretically possible, that these providers may gather user data. Google Web Fonts is using a subdomain (fonts.google.com), so that they are not able to connect these external calls with your Google account itself in case you may still be logged in at their service. You can find more information about this in the privacy statement of Google: https://policies.google.com/privacy?hl=en

Cookies

Locationscout.net uses cookies - small files with configuration information. They help to identify individual settings and to realize special user functions. The cookies contain a unique number that has no meaning outside of our site. Through its use, the use of websites can be more enjoyable and user friendly for you. Locationscout.net doesn't process any personal data through the use of cookies. You have the right and the ability to disable the use of cookies by configuring your browser settings. All features of our websites can also be used without cookies, some custom properties and settings are however not available.

E-mail

There are two different ways how we may receive your e-mail address. The first way is when you use our contact form, which is described in detail in the "Personal Data provided by you"-section. The second way is by signing up for a user profile. Protecting your data from any third parties is extremely important for us. For this reason, your e-mail address will never be shown in your profile and will only be visible to you. Some partners are able to contact you through a special contact form, which we implemented to protect your personal data, but to still enable these partners to contact you. This is for example the case, if the publisher we are cooperating with, wants to ask for your permission to publish your work in their monthly printed magazine. In this case you will receive an e-mail from us and the third party won't be able to see your e-mail address until you answer them. We are only providing this service to third parties if we think that contacting you might be benefitial for you. This protected contact form can not be used for advertising and is only used in very specific and approved cases.

Furthermore we are sending you notifications via e-mail if another user commented beyond a spot you created or a comment you wrote. We are also notifying you if your spot became popular by receiving a certain amount of bookmarks. These types of notifications can be disabled by you in the settings. However, there are e-mails that you can't unsubscribe from until you terminate your registration. This is the case for the benefitial e-mails from third parties we described in the paragraph above or for e-mails that are relevant for protecting your rights, which is the case when we want to share one of your uploaded photos via our social media profiles. In this case, you will receive an e-mail from us with details about the image we want to share, so that you have the opportunity to contradict us. Your rights as a photographer are important for us (because we are photographers ourselves), so that's why we will never share any photo from you without naming you and - if possible and set in your profile - adding a link to your website or social media profile.

Detached from the system and notification e-mails, we are also using Mailchimp as a service provider to send a monthly newsletter with spot and article suggestions that might be interesting for you. You can sign up for the newsletter during your registration process or separately by entering your e-mail in our newsletter forms, that we display only once via a popup message or aside the blog articles for non-registered users. If you enter your contact details here, you will only be added to our newsletter list, which is secured by a double-opt-in. This means, that you need to verify your e-mail address after you signed up for the newsletter by clicking a link in an e-mail that you will receive from us. This secures that we won't send e-mails to anybody who doesn't want to receive them. In case you want to stop receiving this monthly e-mail, you can unsubscribe without any reason by clicking on the unsubscribe link in the footer of each e-mail.

Images

Images uploaded and available through Locationscout are stored on s3 servers in Germany provided by Amazon Web Services to ensure high availability and failure safety. Amazon Web Services is a subsidiary of Amazon.com, Inc. (their privacy policies may be found at https://aws.amazon.com/privacy/ and https://www.amazon.com/privacy respectively), which participates in the EU-US and Swiss-US Privacy Shield frameworks.

Protection of personal data

Locationscout.net will have appropriate technical and organizational actions in place to safeguard your (personal) data against loss or any other form of unlawful processing. We are using SSL (HTTPS) to secure all communications between our servers and your web browser. For your privacy and security your Locationscout.net account information is protected by an encrypted password. You can also prevent unauthorized access to your account by logging off once you have finished using a shared computer. Your personal data is not shared with any third party and only visible to employees who need personal information to perform a specific job (for example, our customer service who needs to contact you) are granted access to it. All of our employees are kept up to date on our privacy and security practices.

Disclosure of personal data

Locationscout.net doesn't pass your personal data to third parties in principle. Due to legal requirements, however, Locationscout.net could be legally obliged to, in exceptional cases, user data of visitors to our website at outside bodies (eg. compensation to law enforcement agencies when suspected of having committed an offense or misuse of our website). To the extent legally possible, we protect your information in strict accordance with the legal provisions against any third-party access otherwise.

Deletion / disabling of data

In the event that Locationscout.net stops the service, all personal data will be deleted. Excluded from the deletion is data in respect of which statutory retention periods are observed.
Alternatively, you can instruct the support team to delete your account. Once you delete your account, you will not be able to recover your personal data.

Consent / Withdrawal

Decisive for the use of your data, the applicable statutory provisions, in particular the federal data protection act and the telemedia act. Unless you make voluntary information, you grant Locationscout.net implied consent to storage of such personal data. Locationscout.net indicates that this consent is revocable at any time with effect for the future. The withdrawal of consent is either by e-mail (can be found in the imprint) or by post to: "der-Webdesigner UG, Mozartstraße 6, 53639 Königswinter, Germany"
On inquiry we will provide you the data we collected about you. Excluded from the deletion is data in respect of which statutory retention periods are observed. This data is locked by us.

Minimum Age

You must be 14 years or older to sign up and use Locationscout.net. For this reason, Locationscout.net does not specifically collect information about children. If we get informed that we have collected data from a child under the age of 13, we will delete that information as quickly as possible. We recommend that minors between the ages of 14 and 18 ask for permission from a legal guardian before using Locationscout.net.

Changes to this Privacy Policy

Locationscout.net may amend this Privacy Policy from time to time due to new features or laws. These changes will be notified through the services and/or on www.locationscout.net.

Questions or comments about this privacy statement

If you have any questions or comments about this privacy statement or the processing of data by Locationscout.net, you can contact directly to the following address:

Anwaltskanzlei Klaus Weber
Brunnenstraße 10
53757 Sankt Augustin, Germany
Tel.: 02241/1455200
E-mail: mail{[at]}kweber-kanzlei.de
Website: www.kweber-kanzlei.de

Alternatively, you can also contact us by writing an e-mail to contact{[at]}locationscout.net.

This Privacy Policy is effective as of May 25, 2018.

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