Introduction

In the following terms of use, we would like to explain to you which conditions apply to the use of the Fotogoals website “fotogoals.com” (hereinafter also referred to as “website”) and which must be observed.

Status: February 03, 2023

Contents overview

1. Subject matter and scope of the contract
2. Terms of Use
3. User obligations
4. Usage rights
5. Liability
6. Privacy
7. Term and Termination
8. Settlement of disputes
9. Published Content
10. Terms for the Apple App Store
11. Changes
12. Final provisions

1. Subject matter and scope of the contract

1.1

Fotogoals – Lukas Zobel, Weedstraße 5, 97346 Iphofen, Germany, email: service.fotogoals@outlook.com, telephone: +49 (0) 176 24077293, hereinafter (“Fotogoals”) provides users on the Internet (“Users”) ) the free personal and private use of its Fotogoals website “fotogoals.com” (“Website”). Use of the website is subject to the provisions of these Terms of Use. Commercial use can only be made upon request (email: service.fotogoals@outlook.com, phone: +49 (0) 176 24077293) and is subject to terms that differ from these Terms of Use.

1.2

By calling up the website, the user can use the content of the page, in detail all the information about the published photo spots free of charge.

1.3

Fotogoals expressly reserves the right to update and amend these Terms of Use due to changes in the law, Supreme Court or changes in market conditions. The user must inform himself of any possible changes before accepting these Terms of Use. The changes are considered approved if the user accepts the corresponding “Cookie PopUp” when accessing the website – this appears when the website is accessed for the first time. If necessary, Fotogoals will also inform the user separately about this legal consequence.

2. Terms of Use

2.1

Fotogoals endeavors to ensure that the functionality of the website is available as permanently as possible. However, the user has no right to use the website if, for technical or operational reasons, it is not offered or cannot be offered or does not work. In addition, Fotogoals does not warrant or guarantee that the website will meet user requirements, be secure or error-free. Furthermore, Fotogoals is entitled to change or temporarily or permanently discontinue individual functions at any time and without prior notice. As the website is currently provided free of charge, Fotogoals only offers limited maintenance and technical support. Fotogoals reserves the right to offer certain functions (so-called “premium content”) or the use of the website in the future for a fee to be paid. In such a case, Fotogoals will contact the user separately.

2.2

The scope and frequency of data transmission depend, among other things, on the type and scope of use of the website. The user bears the connection costs incurred for data transmission.

3. User Obligations

3.1

The user may only use the website for his own purposes and in accordance with these Terms of Use, to the extent necessary to use the website. The user is obliged not to make the website available to third parties and not to use the website contrary to the provisions of these Terms of Use. In particular, systematic reuse or systematic extraction of content is not permitted.

3.2

The content of the Fotogoals website is protected by copyright. The duplication, distribution, modification or storage of information or data, in particular texts, parts of texts, GPS data or images, requires the prior consent of Fotogoals. Users shall not use the Service for any illegal or unauthorized purpose. Users agree to comply with all laws, rules, and regulations (e.g., federal, state, local, and provincial statutes) applicable to your use of the Service and your Content, including but not limited to copyright laws. In particular, it is also not permitted:

3.2.1

Users are not authorized to copy any website content. Any use of the content, even in part, in particular for commercial purposes, requires the prior authorization of Fotogoals or the user (or person) who has transferred the right of use to Fotogoals. However, Fotogoals cannot guarantee or exclude that a user of the website will not be able to download the images published or uploaded there.

3.3

Users must not interfere with the Service or the servers or networks connected to the Service. Specifically, not by transmitting any worm, virus, spyware, malware, or other code of a destructive or disruptive nature. Users may not insert any content or code or otherwise alter or interfere with the code. This applies to all kinds of potential changes, especially how the Fotogoals files or page is scaled or displayed in a user’s browser or device.

3.4

Users may not use any technical possibilities that are subject to malicious intent and manner (e.g. data theft). This includes all usage intentions that do not correspond to the normal usage intention of the website. For example, using an automated device, script, spider, bot, web crawler, or web scraper.

3.5

Violations of these Terms of Use may be reported at Fotogoals’ sole discretion. Users understand and agree that Fotogoals is the operator of the website and the content provided is provided “as is”. Users can find further information on this within the photo goals photo spot information. Users are therefore responsible for their own actions and use the content of the Fotogoals website at their own risk. If a user violates the letter or spirit of these Terms of Service or otherwise poses a risk or potential legal threat to Fotogoals, Fotogoals may prohibit the provision of all or any part of the Service to a user.

4. Right of Use

4.1

Fotogoals is the sole owner of all intellectual property rights in relation to the website, in particular its permanent content (in particular texts, images (here also rights of use), designs, logos, videos, sounds, data (GPS etc.), graphics) as well as the Software and databases that ensure their operation, unless otherwise stated.

4.2

Fotogoals grants the user a non-exclusive, geographically unlimited, personal and non-transferable right to use, run and display the website for the duration of the user relationship on a non-commercial basis for personal private use.

4.3

Any other use of the website and the use and exploitation of its content is only permitted with the written consent of Fotogoals.

4.4

In the event of a violation of this right of use, Fotogoals can, at its own discretion and without prejudice to further legal claims, punish the user by immediately terminating the right of use.

5. Liability

5.1

Fotogoals provides the user with worldwide photo spots (including exact location, weather information, restrictions) and, if applicable, hyperlinks (internet links) via its website. This information and data is for informational purposes only, without the user being able to refer to or rely on the topicality, correctness or completeness of the information. In this respect, Fotogoals assumes no guarantee or liability, in particular not for direct or indirect damage resulting from the use of the information or data found on the Fotogoals website. In particular, Fotogoals assumes no responsibility for the content or the functionality, correctness or legality of third-party data used in accordance with the data protection guidelines for the functionality and operation of the website.

5.2

Fotogoals is fully liable for damage and expenses caused by willful intent or gross negligence on the part of Fotogoals or a vicarious agent, as well as for damage that can be traced back to injuries to life, limb or health as well as in the context of the product liability law and in the event of the assumption of a guarantee.

5.3

For damage and expenses caused by simple negligence, Fotogoals is only liable for the typically foreseeable damage at the time the contract was concluded if these damages and expenses were caused by Fotogoals breaching essential contractual obligations (cardinal obligations). Cardinal obligations are those contractual obligations whose fulfillment is necessary to achieve the objective of the terms of use, compliance with which the user can therefore rely and whose culpable non-fulfilment jeopardizes the achievement of the contractual purpose. Liability for all other damages and expenses is excluded.

5.4

Fotogoals is not liable for the loss of data if the damage is due to the user not making backups and thereby ensuring that lost data can be restored with reasonable effort. Fotogoals does not guarantee the permanent storage of data that is transferred to the user’s end device while using the website. The user ensures that all data under the control of the user is properly backed up.

6. Privacy

Information on the collection and processing of personal data when using the website can be found in thePrivacy Policy  of Fotogoals. The privacy policy is within the website or below https://www.fotogoals.com/datenschutz/  available

7. Term and Termination

The user relationship between the user and Fotogoals regarding the use of the website is indefinite. The user has the right to terminate the user relationship at any time without giving a reason by leaving the website. Fotogoals is entitled to stop operating the website at any time without giving reasons and thus to end the user relationship.

8. Dispute Resolution

The European Commission offers a platform for out-of-court online dispute resolution (OS platform), which can be accessed at www.ec.europa.eu/consumers/odr. Fotogoals is neither willing nor obliged to participate in dispute settlement proceedings before a consumer arbitration board.

9. Published Content

10. Changes

Fotogoals reserves the right, at its sole discretion, to modify or replace portions of this Agreement. It is the user’s responsibility to periodically review this Agreement for changes. Fotogoals reserves the right to change these conditions at any time in accordance with legal requirements. Fotogoals may also offer new services and/or features through the Mobile Applications in the future (including the release of new tools and resources). Such new features and/or services are subject to the terms and conditions of this Agreement.

11. Final Provisions

11.1

These terms of use are subject to the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which the user has his habitual residence as a consumer, remain unaffected.

11.2

If the user is an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB) or a legal person under public law, the place of jurisdiction for all disputes arising from and in connection with these terms of use is the registered office of Fotogoals.

11.3

Should individual provisions of these Terms of Use become or become invalid, the remaining provisions shall remain unaffected. The law applies in their place. If the law is not available or would lead to an unacceptable result in the respective case due to a loophole in the regulations, the parties will enter into negotiations to find an effective provision that comes as close as possible to the invalid provision.