TERMS AND CONDITIONS
Terms and Conditions of Use for the 'skobbler' Service from skobbler GmbH
"skobbler" is an application which offers users a server-based (also referred to as "off-board") navigation service. This service is supplemented with additional services according to the requirements of the user (together with the website at www.skobbler.de, these components form the so-called "skobbler platform"). It is necessary to register in order to use this service. At present, this registration can only be performed by logging on to the website www.skobbler.de.Furthermore, via the above-mentioned website, users can also create and edit individual destinations and a personal user profile. It is free to register and use these services. However, users may be charged data transfer fees in connection with the usage of this service1. The service is currently financed through advertising which is displayed while the service is used.
Before being able to use these services, users must sign an agreement which allows them to use the navigation services and other services from SKOBBLER (referred to in the following as the "agreement"). The agreement comes into force when the navigation services or additional services are used for the first time, or when the user accepts the terms and conditions of use during the registration process. A user account is automatically set up for the user during registration.
1 Connection charges vary depending on the supplier, the duration of the connection and the volume of data downloaded.
§ 1 Scope of validity of the Terms and Conditions of Use
1.1 skobbler GmbH ("SKOBBLER") provides the services for the skobbler platform on the basis of these General Terms and Conditions of use.
1.2 The General Terms and Conditions of Use laid out below apply to agreements in relation to the Internet platform www.skobbler.de .
1.3 Agreements in conjunction with the above-mentioned services relate to the mobile connection to the IT servers and IT infrastructure of SKOBBLER and authorise users to access these services for personal use. SKOBBLER may grant users the right to use additional services as supplementary services to the navigation service ("Additional Services"), whereby the present General Terms and Conditions of Use and, possibly, special conditions may apply to the services in particular cases. Details of these services will be provided in descriptions made available by SKOBBLER at regular intervals prior to usage of the service by the user.
1.4 SKOBBLER is entitled to change or add to these Terms and Conditions of Use provided appropriate prior notice is given. Such notice shall be published exclusively on the Internet at www.skobbler.de. If the user rejects the new Terms and Conditions of Use within a period of 14 days, then SKOBBLER is entitled to cancel the agreement with the user or block the user’s access from the point at which the revised or updated Terms and Conditions of Use are due to take effect.
§ 2 Definition of terms
|"service"||This means the navigation service itself and any associated additional services.|
|"user"||This means a natural person who has signed the present agreement with SKOBBLER in relation to the services provided and satisfies § 11 Abs.2 of the German Telemedia Services Act (TMG).|
|"licence"||This refers to the limited usage rights which enable users to use the software.|
|"personal data"||This includes for example data such as the name, address and telephone number of the user, as well as other data of this type about the user.|
|"position data"||This refers to data which describe the geographical location of the user at a particular time.|
|"software"||This refers to the software which has been installed on the mobile terminal device of the user, the PC of the user or any other terminal device for the purpose of using the service.|
§ 3 Mutual terms and conditions of usage and licence conditions
3.1 The user is only permitted to use the software on the mobile terminal device for navigation purposes and must only use the additional services in the intended manner. The user must not disassemble or decompile the software or the map information, nor must he make any changes to the software code or the service nor manufacture software based on this software or parts thereof.
3.2 SKOBBLER grants the user a usage right to the software and the services which is limited in terms of time, geographic location and content. The user has no exploitation rights of any kind. The user must only use the software for personal use. The user must not transfer the agreement or the licence.
3.3 By uploading multimedia content, the user grants SKOBBLER a gratuitous, non-exclusive, revocable, non-volume-limited, sublicensable and geographically unlimited usage right to the multimedia content uploaded by the user to the skobbler platform, unless such content is marked as being "private". The usage right extends in particular to the right to make the multimedia contents available to the public, either through a wired or wireless connection, in a way which makes it possible for members of the public to access said content from their own choice of location and time, included reproduction on any type of receiver device which enables online access.
This also includes the reproduction, distribution, transmission, public play back, publication or other comparable usage of the transmitted contents within the framework of the services and information offered by SKOBBLER on its partner websites. SKOBBLER is entitled to integrate the multimedia contents on partner websites. The user can exercise his right of cancellation at any time by deleting the contents.
3.4 The licence does not represent a right to any other property of SKOBBLER or SKOBBLER marks which are used in conjunction with the software or the service. The user acknowledges the trademarks and brand marks of SKOBBLER as protected rights.
3.5 In particular, the user is prohibited from the actions described below:
- Rental, lease or hire, reproduction, disclosure, publication,
- Removal or obscuring of copyright notices, trademarks or any limiting imprint,
- Modification or production of works derived from the skobbler platform,
- Usage of the skobbler platform in order to be able to pass on information about it to third parties,
- Creation of a derived product which is in competition with the skobbler platform.
3.6 SKOBBLER reserves the right to claim compensation for damages arising from any infringement of the above licence conditions, whereby SKOBBLER is entitled without restriction to charge users for costs corresponding to the usage which exceeds the scope of the above conditions or infringes these in any other way.
3.7 The above terms and conditions apply correspondingly for usage of the Internet-based services available via www.skobbler.de.
§ 4 Registration and data protection
4.1 All users wishing to use the service on a non-temporary basis must register their personal information at the skobbler website.
4.2 During the course of this registration, SKOBBLER will assign a user name or another suitable means of identification to the user. The data requested by SKOBBLER during registration must be factually correct and complete. If any changes to the data occur after registration, then the user is obliged to change the details immediately.
4.3 The user is obliged to keep his personal password secret and to not pass it on to third parties. The user is responsible for all damages arising from unauthorised disclosure or sharing of the password.
4.4 User data and position information will be handled in accordance with the relevant data protection guidelines, which can be viewed at www.skobbler.de.
§ 5 Warranty and availability
5.1 SKOBBLER guarantees within the framework of what is technically and commercially possible that the services will offer the essential functions.
5.2 The user acknowledges that faults or defects may occur within the service; this also applies to the data provided by or in conjunction with the service.
5.3 The user also acknowledges that geographical maps and other information which is provided by SKOBBLER or third parties and on which the service is based may be incomplete, incorrect or flawed, and that SKOBBLER accepts no responsibility for such faults or defects.
5.4 SKOBBLER offers no guarantee or warranty for the availability of the software and the services. SKOBBLER has the right to block or restrict the service at any time without specifying reasons. In particular, SKOBBLER may restrict access to the services if this is necessary for reasons relating to the security of the network operation, the preservation of the network integrity and, in particular, the avoidance of serious disturbances of the network, the software or stored data.
§ 6 Liability and limitation of liability
6.1 The information provided via the service is only intended as a recommendation and must not be understood as instructions by users. In the event that a recommendation issued via the service conflicts with local traffic rules or other conditions, the user must always act in accordance with and with due regard for the relevant rulings and conditions, in particular the road traffic regulations. Users make use of the service at their own risk, and it is always the responsibility and duty of the user to behave in a manner which does not endanger the road safety of the user himself or others.
6.2 SKOBBLER accepts no liability for financial loss. In terms of personal injury and material damages, SKOBBLER is only liable within the scope of the law and to the statutory limits of liability, provided the legal foundations are applicable to the skobbler platform. Otherwise, all further forms of liability are excluded.
§ 7 Liability for the legality of the contents
7.1 SKOBBLER stores on behalf of the user all multimedia content uploaded by the user (pictures, videos and information), or it arranges the required storage space and access to it. Accordingly, the user has sole responsibility for multimedia content uploaded by the user to the skobbler platform.
7.2 In this respect, the user shall ensure that such content does not contravene applicable laws and legal requirements, does not offend common decency and, in particular, does not infringe the rights of third parties (name rights, personal rights, copyrights, data protection rights etc.). In particular, the user agrees not to upload any content which would contravene regulations in the penal code, laws which protect minors in broadcasting and telemedia (in Germany, this is the "Jugendmedienschutz-Staatsvertrag", JMStV) or laws relating to controlled substances, pharmaceuticals laws or gun control laws. Consequently, the user agrees, for example, not to upload material which is pornographic, promotes violence or disturbs the public peace by insulting or inciting hatred against segments of the population, incites criminal activity or provides instructional information for criminal activities, and to not offer services or allow services to be offered which are based on pornographic and/or erotic content.
7.3 In particular, users must not upload content or leave comments on the skobbler platform which insult, slander, molest or damage other users in any other way.
7.4 The user also agrees to not send data or store data on a SKOBBLER data carrier which by nature or composition (e.g. viruses), size or duplication (e.g. spamming) would be capable of endangering the existence or operation of the services and data network of SKOBBLER. Furthermore, the use of computer programs on the platform to automatically read data, such as so-called crawler programmes, is not permitted without the express approval of SKOBBLER. Users will be liable to pay SKOBBLER any damages caused by this type of sending of prohibited data.
7.5 If a user contravenes the above prohibitions and guidelines in these General Terms and Conditions of Use, SKOBBLER is entitled to refuse acceptance of content, delete and block content without warning, delete the page and any links to it without prior warning, and/or to cancel the usage agreement with immediate effect. In this case the user will have no right to demand restoration of his multimedia content on the Internet platform or release of his deleted user profile.
7.6 Furthermore, SKOBBLER accepts no liability for this content; in particular, SKOBBLER is not obliged to back up or store content or individual changes to the user profiles.
§ 8 Termination
8.1 SKOBBLER has the right to terminate the skobbler platform at any time and with immediate effect. Created user profiles and their contents would be deleted in the process; SKOBBLER is not obliged to save content or make it available to users.
8.2 SKOBBLER also has the right to terminate the services at any time and with immediate effect.
§ 9 Miscellaneous
9.1 Users should contact the SKOBBLER user service address with any queries in connection with the terms and conditions of the agreement, the service itself and the processing of data. The e-mail address for this is firstname.lastname@example.org.
9.2 This agreement is exclusively subject to the laws of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
General information required in accordance with §5 of the German Telemedia Act
Luisenstr. 41, 10117 Berlin, Deutschland
Managing director: Peter Scheufen
Commercial register: Charlottenburg, HRB 124264
This version of the document has been translated from the original version in German. The German version remains legally binding.
Data protection terms relating to the provision of the skobbler platform
1) SKOBBLER assures that the acquisition, processing and usage of personal data will be handled strictly in accordance with all data protection legislation, in particular the German Data Protection Act (BDSG), the German Telecommunications Act (TKG), the German Telemedia Act (TMG) and the German Interstate Treaty on Broadcasting (RStV).
2) The user understands that SKOBBLER is only able to provide the services if the user agrees to the storage and processing of personal data. Furthermore, the user also understands that advertising will be displayed as part of using the services. The user has agreed electronically to this as part of the agreement. This agreement has been logged.
3) This agreement can be terminated at any time without specifying reasons by contacting SKOBBLER in writing at
Luisenstr. 41, 10117 Berlin, Germany
or by sending an e-mail to email@example.com.
Once the agreement is cancelled SKOBBLER will no longer make the services available to the user.
4) Position data can be used as the basis for offering additional services. In this context, data may also be disclosed to partners of SKOBBLER. Anonymous position data can also be used by SKOBBLER to store, process and pass on to third parties information about circumstances which are significant for navigation purposes and associated purposes (including, among other things, traffic volume).
In any case, user data and position data will only be passed on to third parties if this is required for legal reasons or if these third parties perform services or actions on behalf of and for SKOBBLER, such as the operation of the skobbler platform on third-party servers.
5) SKOBBLER may use automatic communication systems like e-mail for the purpose of carrying out marketing activities. However, users may also choose to block any contact made for marketing purposes.
6) After registering on the skobbler platform, users can create and edit their own profile. Information relating to the user profile, such as the user name used, the profile picture, the display of the home town/city and the videos and images uploaded to the public folder can be viewed on the platform itself. This means that they can also be viewed by non-registered visitors to the platform.
7) Furthermore, users also have the opportunity to share information within their own network of friends and groups at SKOBBLER. The user can select privacy settings to determine which information he would like to share and exchange with his friends and groups. Here, the actions of the user are monitored in accordance with his privacy settings. For example, the system registers when he contacts a new friend and adds him to his list of friends, records how many photos or videos he has uploaded, and records that he has commented on and reviewed a particular destination.
8) After registration of the user, SKOBBLER uses so-called cookies which identify the user for the duration of his visit to the platform and allow him to be recognised when he revisits the platform in the future. A cookie of this type is saved on the user’s computer. The user can change the settings on his computer to remove such cookies or enable usage of the platform without cookies.
9) SKOBBLER is entitled to change these data protection terms within the limits of the statutory data protection legislation. SKOBBLER will announce any changes to this declaration. The user has the opportunity to reject any changes in writing, whereby an e-mail is sufficient. In these cases SKOBBLER may cancel the provision of services for the user.
10) SKOBBLER will analyse the interests and behaviour of the user for the purposes of advertising and market research, as well as in order to tailor the services provided to actual demand. For this purpose, SKOBBLER may in some cases also use the pictures, videos or tags uploaded by the user. This is always done with an anonymous method which prevents sharing of personal data.
11) Provided the user has agreed to this during the registration process or at a later stage, SKOBBLER may send a newsletter to the user during the period of the agreement containing information relating for example to the topics of support, technical information and other information about the scope of the utilised services, possible upgrade options and other information relating to the operation of the SKOBBLER platform. A corresponding link is provided in every newsletter which allows the user to cancel the newsletter at any time.
This version of the document has been translated from the original version in German. The German version remains legally binding.