§ 1 Scope
§ 2 Sign up, conclusion of contract
- The registration via the online form is a prerequisite for the use of the platform. The user is obliged to fill in all given fields in the registration form correctly and truthfully. After signing up via the online form, you get a verification email, 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.
- Contract is the free use of the platform features. For this purpose, we will provice you an "account", which allows you to use all functions of the website and the app.
- There is basically no legal claim to activation or participation on the platform. It is the full householder's rights of the provider.
- 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.
- The provider strives to offer the platform 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 platform is technically not feasible.
- The provider reserves the right to develop and adapt the structure and content of the platform and the associated user interfaces, if this means the purpose agreed with the user is not or not significantly affected.
- Our services and fee-based premium accounts are available to users who are either at least 18 years old or at least 14 years old, and who are authorized to access the platform by a parent or legal guardian.
- It is among the users to ensure a peaceful and respectful treatment without insulting hostility.
§ 3 Duties of the user
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 platform;
- to sell or transfer your account;
- to advertise on the site without the express written consent of the provider.
Inadmissible is also the automated retrieval of content or the use of scripts in the use of the platform.
- 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.
- You as a user are responsible for ensuring that all published platform contents are free of worms, viruses, trojans or other programs that may affect the continued existence and functioning of the platform.
- You as a user are obliged by setting your content on the platform to check the above terms and conditions carefully.
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.
- 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 Premium account
Locationscout provides additional features and content to subscribers of its paid premium accounts. To upgrade to a premium account, you must have a valid account on our platform and be at least 18 years old. The following terms and conditions apply seperately to users who subscribed to any premium services offered by us:
- Additional features and content are offered via "premium accounts" who are available as monthly or annual subscriptions.
- Subscriptions will automatically renew unless canceled within 24-hours before the end of the current period. You can cancel auto-renewal anytime with your iTunes account settings (iOS) or Google Play Store subscription settings (Android). You will still have access to our premium services until the expiry date. Afterwards your account will be downgraded to a free membership.
- Refunds are only eligible for annual memberships within 30 days of the initial purchase. We don't offer refunds for monthly subscription payments. All service fees are non-refundable after these 30 days.
- Locationscout may discontinue, suspend, or modify the services provided to holders of a premium account at any time without prior notice.
§ 5 Transfer of rights of use
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 platform. 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.
- In the event of termination of the account the aforementioned rights still remain.
- The provider is not responsible for acts of exploitation of users of the platform or any third party.
§ 6 Limitation of liability
- For the content placed on this platform, especially for the correctness, completeness and topicality the owner of this site assumes no responsibility.
- 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.
§ 7 Party-rights
There may be no vendor's software decompiled, copied or altered in any form.
§ 8 Subject to alterations
- 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.
- The changes are binding and considered as accepted, provided that the user has not objected to the changes.
§ 9 Duration / termination of the contract
- This agreement is concluded for an unlimited period of time.
- For both parties, there is the possibility to terminate this agreement at any time and without notice.
- 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.
§ 10 In general
These terms were last updated on August 26, 2020.
August 26, 2020
With the release of the app for iOS and Android, the updated terms are now reflecting our new services offered by Locationscout by adding a paragraph for premium accounts and renaming "website" to "platform" since these terms apply to both types of service, the website and the apps.