© 2022. Fotogoals. All Rights Reserved.
Status: June 16, 2022
- Subject matter and scope of the contract
- User account and registration
- User obligations
- Rights of Use
- Term and Termination
- Settlement of disputes
- Published content
- Terms for the Apple App Store
- Final provisions
1. Subject matter and scope of the contract
The user can access and download the app via the Apple Inc. App Store (App Store) or the Google LLC App Store (Google Play). Use of the app stores (Apple App Store, Google Play) is subject to their own terms and conditions, which can be found on the website of the two app store operators. Fotogoals has no influence on these general terms and conditions or the operation of the app stores. However, Fotogoals, not the respective app store operator, is solely responsible for the operation of the offered app.
2. User account and registration
In order to be able to use all the functions of the app, it is necessary for a user to first register via a registration form. Registration is accomplished by creating a user account or by signing in once using an existing Apple ID account or Google account, or a valid email address. In order to create the respective user account, the information requested in the registration form must be provided. For more information and the use of personal data, see: https://www.fotogoals.com/ds-app/ Section 5
In principle, a user has the option of using the basic functions of the app without prior registration (via guest access). However, the user has no claim to the full functionality of the app.
In the event of input errors during registration, the user has the option of contacting Fotogoals via email (firstname.lastname@example.org). Fotogoals will provide appropriate support to find a solution with the user as quickly as possible.
If a user forgets their registration data (combination of email address and password), they have the option of having their password reset using a function integrated in the app. If he has registered in the app via e-mail and password, he will receive an e-mail in his inbox. This contains a link through which he can reset his password. When registering with an Apple ID account or Google accounts, a reset should not be necessary.
If the app’s internal function does not work, Fotogoals will provide appropriate support to enable the user to access his user account again.
Alternatively, a user has the option of registering again and creating a new user account.
If a user no longer wants to use his user account, he has the option of deleting his user account using the function integrated in the app (in the event of problems via email to email@example.com). If this does not work, Fotogoals will provide appropriate support and delete the corresponding user account.
Using the app requires downloading and installing it on a suitable mobile device (e.g. smartphone) belonging to the user. For technical reasons, the app may not be available for some devices and operating systems. However, Fotogoals endeavors to offer the app for as many different models and software versions as possible. Due to the constant progress in the smartphone market, Fotogoals cannot provide an up-to-date list of all devices and operating systems on which the app can be used.
The user is solely responsible for the compatibility of the device. The system requirements can be found in the respective app store.
Fotogoals endeavors to make the app available for as long as possible. However, the user has no right to use the app if it is not offered or cannot be offered or works for technical or operational reasons. In addition, Fotogoals does not guarantee or warrant that the app will meet user requirements, be secure or error-free. Fotogoals is also entitled to change individual functions at any time and without prior notice or to temporarily or permanently discontinue them. As the app is currently available for free, Fotogoals offers limited maintenance and technical support. Fotogoals reserves the right to offer certain functions (so-called “premium content”) or the use of the app in the future for a fee. In such a case, Fotogoals will contact the user separately.
The download and the basic functions of the app (discover; map function including list search; search, filter, my goals area including photo spot lists) is currently free for private users. Additional functions may be made available in the future for a fee. In order to download and use the app, the device needs to be connected to the Internet, for which the user is responsible. The scope and frequency of data transmission depend, among other things, on the type and scope of use of the app. The user bears the connection costs incurred for data transmission.
4. User Obligations
Users are not allowed to request, collect or use the account information of other app users (Instagram name, username).
Users are responsible for keeping their login information (user name, password) secret and secure so that no unauthorized third party has access to this data.
The content of the Fotogoals app is protected by copyright. The duplication, distribution, modification or storage of information or data, in particular of texts, parts of texts or images, requires the prior consent of Fotogoals. Users may 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 laws) that apply to your use of the Service and your content, including, but not limited to, copyright laws. In particular, it is also not permitted:
Users are not allowed to copy any app content. Any use of the content, including excerpts, especially for commercial purposes, requires the prior approval of Fotogoals or the user (or person) who has transferred the right of use to Fotogoals. However, Fotogoals does not guarantee or exclude the possibility that a user of the app will not be able to download the pictures published or uploaded there.
Users must not interfere with the service or the servers or networks connected to the service. Specifically, not through the transmission of worms, viruses, spyware, malware or other code of a destructive or disruptive nature. Users must not insert any content or code or in any other way modify or impair the code. This applies to all kinds of potential change, especially how the files or page of Fotogoals is scaled or displayed in the browser or on a user’s device.
Users are not allowed to create accounts that are subject to malicious intent (e.g. data theft). This includes all usage intentions that do not correspond to the normal usage intent of the app. For example, using an automated device, script, spider, bot, web crawler, or web scraper.
5. Right of Use
Fotogoals is the sole owner of all intellectual property rights in relation to the app, in particular its permanent content (in particular texts, images (including usage rights), designs, logos, videos, sounds, data, graphics) as well as the software and databases that ensure their operation unless otherwise specified.
Fotogoals grants the user a simple, spatially unlimited, personal and non-transferable right to use, run and display the app for the duration of the user relationship on a non-commercial basis for personal private use.
Any other use of the app as well as the use and exploitation of its content is only permitted with the written consent of Fotogoals.
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.
Fotogoals provides the user with photo spots worldwide (including exact location, weather information, restrictions) and, if necessary, hyperlinks (Internet links) via its app. This information and data is for informational purposes only, without the user being able to rely on 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 that can be found on the Fotogoals app. In particular, Fotogoals assumes no responsibility for the content or the functionality, accuracy or legality of third-party data that is used for the functionality and operation of the app in accordance with the data protection guidelines.
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.
Fotogoals is not liable for the loss of data if the damage can be attributed to the fact that the user does not carry out any data backups and thereby ensures 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 device while using the app. The user ensures that all data under the user’s control is properly backed up.
8. Term and Termination
The user relationship between the user and Fotogoals regarding the use of the app runs indefinitely. The user is entitled to terminate the user relationship at any time without giving reasons by deleting his user account via the function integrated in the app (in case of problems via email to firstname.lastname@example.org). Fotogoals is entitled to stop operating the app at any time without giving reasons and thus to end the user relationship.
9. Settlement of disputes
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 the dispute settlement procedure before a consumer arbitration board.
10. Published content
The photo spots published by Fotogoals worldwide (including exact location, weather information, restrictions) and, if applicable, hyperlinks (Internet links) are published by Fotogoals to the best of its knowledge and belief. All published photo spots comply with the so-called panorama freedom (§ 59 UrhG) according to German law. In the case of photo spots abroad (outside of Germany), compliance with the laws of the respective country is ensured.
In connection with the application of the freedom of panorama (§ 59 UrhG), Fotogoals would like to point out that the respective copyright of the “motifs / objects” to be seen in the photo spots for a large number of photo spots (e.g. for architectural photo spots, graffiti / wall paintings, monuments / Statues, etc.) continue to lie with the creator / originator.
When using the offer of the published photo spots, Fotogoals assumes no liability for the visit and actions of a user at the photo spot. See also point 6. Liability.
Further information on the rules for the photo spots can be found on the “Photo spot information” page, which can be viewed via the following link: https://www.fotogoals.com/spotinformation/?lang=en .
Promotional content / advertisement
In the interests of our business, advertisements are displayed at various points in our app. In addition to paid advertisements, cooperations or sponsorships, these can also be so-called ‘affiliate’ links or banners. All advertisements or ‘affiliate’ links/banners are therefore clearly marked with the designation “Ad” and are thus clearly recognizable as such for a user.
11. Terms for the Apple App Store
If the App is downloaded from the Apple Inc. App Store, One Apple Park Way, Cupertino, California, USA, 95014 (“Apple”), the following additional terms and conditions apply:
To the extent that maintenance or technical support is required by law, this is the sole responsibility of Fotogoals and not Apple.
In the event that the app violates an applicable warranty, the user can notify Apple and Apple will reimburse the user for the purchase price of the app, if applicable. If at all, and to the extent permitted by applicable law, Apple makes no further guarantees with respect to the app. All other claims, losses, liabilities, damages, losses, costs or expenses arising out of any breach of warranty are the sole responsibility of Fotogoals.
The processing and assertion of claims in connection with the app or the possession and / or use of the app by the user is the sole responsibility of Fotogoals and not of Apple. The same applies to the investigation, defense, settlement and enforcement of claims by third parties due to a possible infringement of third-party intellectual property rights. In this respect, such claims are only to be asserted against Fotogoals and not against Apple.
The user represents and warrants that (a) he is not in a country that is subject to an embargo by the US government or has been designated by the US government as a “terrorist supporting” country; and (b) he / she is not on a list of prohibited or restricted parties by the US government.
Fotogoals reserves the right, at its sole discretion, to change or replace any portion of this agreement. It is the responsibility of the user to periodically review this Agreement for changes. Fotogoals reserves the right to change these conditions at any time in accordance with the statutory provisions. Fotogoals may also offer new services and / or functions via the mobile applications in the future (including the publication of new tools and resources). Such new features and / or services are subject to the terms and conditions of this Agreement.
13. Final provisions