In the following terms of use, we would like to inform you about the conditions for using the Fotogoals app.
(hereinafter also referred to as "App") apply and must be observed.
Status: 10.05.2024
1. subject matter and scope of the contract
1.1 Fotogoals – Lukas Zobel, Weedstraße 5, 97346 Iphofen, Germany, e-mail: kontakt@fotogoals.com, phone: +49 9326/9799803, hereinafter (“Fotogoals”) offers users on the Internet (“User”) the free personal and private use of its Fotogoals app (“App”). Use of the app is subject to the provisions of these terms of use. Commercial use is only permitted for certain professional groups (photographers, videographers). Other commercial use may be authorized by Fotogoals. This can only be done on request (e-mail: kontakt@fotogoals.com, telephone: +49 9326/9799803) and is subject to provisions that deviate from these terms of use.
1.2 The user can access and download the app via the App Store of Apple Inc. (App Store) or the App Store of Google LLC (Google Play). The 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 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 app offered.
1.3 Fotogoals expressly reserves the right to update and adapt these terms of use due to changes in the law, the supreme court or changes in market conditions. The user will be informed separately in text form of any changes to the terms of use. The changes shall be deemed approved if the user does not raise any objections in text form within one calendar month. Fotogoals will also inform the user separately of this legal consequence if required.
2. user account and registration
2.1 In order to be able to use all functions of the app, it is necessary for a user to first register using a registration form. Registration takes place by creating a user account or by logging in once using an existing Apple ID account or Google account or a valid e-mail address. To create the respective user account, the information requested in the registration form must be provided. Further information and the use of personal data can be found at: 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, this does not entitle the user to the full functionality of the app.
2.2 By registering a user account, a user confirms the accuracy of their data and accepts the applicable data protection guidelines and terms of use of the app. From app version 2.0, an email (verification that the user is a person and not a so-called bot) with a one-time password (OTP) is sent to the user’s mailbox for verification purposes. After correctly entering the one-time password in the corresponding input field within the app, the user receives final access to the corresponding app functions.
2.3 In the event of input errors during registration, the user has the option of contacting Fotogoals by e-mail (info@fotogoals.app). Fotogoals will provide appropriate support in order to find a solution with the user as quickly as possible.
2.4 If a user forgets their registration data (combination of e-mail address and password), they have the option of resetting their password using a function integrated into the app. If they have registered in the app via e-mail and password, they will receive an e-mail in their mailbox. This contains a link which he can use to reset his password. From app version 2.0, the user receives a so-called one-time code (OTP) via e-mail in their mailbox. After entering this one-time code in the input field within the app, the user can set a new password. The one-time code is used to verify the user account.
When registering with an Apple ID account or Google account, 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 regain access to their user account.
Alternatively, a user can register by re-registering and creating a new user account.
2.5 Fotogoals does not store the text of the contract separately. The user has the option of accessing the terms of use within the app or via fotogoals.com/nb-app/ at any time.
2.6 If a user authorizes Fotogoals to create an account on their behalf via a verifiable channel (via email, Instagram, Facebook, etc.), they accept the applicable privacy policy and terms of use of the app.
2.7 If a user no longer wishes to use their user account, they have the option of deleting their user account using the function integrated in the app (in the event of problems, send an email to info@fotogoals.app). If this does not work, Fotogoals will provide appropriate support and delete the corresponding user account.
3. Terms of use
3.1 Using the app requires the user to download and install it on a suitable mobile device (e.g. smartphone). The app may not be available for some devices and operating systems for technical reasons. However, Fotogoals endeavors to offer the app for as many different models and software versions as possible. Due to the constant progress on the smartphone market, Fotogoals cannot provide an up-to-date list of all devices and operating systems on which the app can be used.
3.2 The user is solely responsible for the compatibility of the device. The system requirements can be found in the respective App Store.
3.3Fotogoals endeavors to make the functionality of the app available as permanently as possible. However, the user has no right to use the app if it is not offered or cannot be offered or does not function for technical or operational reasons. In addition, Fotogoals does not guarantee or warrant that the app will meet the user’s requirements or that it will 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 app 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 app in the future for a fee. In such a case, Fotogoals will contact the user separately.
3.4The download and the basic functions of the app (Discover; map function incl. list search; search, filter, My Goals area incl. photo spot lists) are currently free of charge for private users. Additional functions may be made available in the future for a fee. To download and use the app, the end device must 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 connection costs incurred for the data transfer shall be borne by the user.
4 Obligations of the user
4.1 The User may use the App exclusively for its own purposes and in accordance with these Terms of Use, insofar as this is necessary for the use of the App. The user is obliged not to make the app available to third parties and not to use the app contrary to the provisions of these Terms of Use. In particular, systematic reuse or systematic extraction of content is not permitted.
4.2 Users may not request, collect or use the account information of other app users (Instagram name, username).
4.3 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.
4.4 The content of the Fotogoals app is protected by copyright. The reproduction, 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 illegal or unauthorized purposes. Users agree to comply with all laws, rules and regulations (e.g. federal, state, local and provincial laws) applicable to your use of the Service and your Content, including but not limited to copyright laws. In particular, you may not:
4.4.1 Users are not authorized to copy any app content. Any use of the content, including excerpts, in particular for commercial purposes, requires the prior permission of Fotogoals or the user (or person) who has transferred the right of use to Fotogoals. However, Fotogoals does not guarantee or cannot exclude the possibility that a user of the app may not be able to download the images published or uploaded there.
4.5 Users must not interfere with the Service or the servers or networks connected to the Service. Specifically, not by transmitting worms, viruses, spyware, malware or other code of a destructive or disruptive nature. Users may not insert content or code or otherwise modify or interfere with the code. This applies to all types of potential modification, especially how Fotogoals’ files or pages are scaled or displayed in a user’s browser or device.
4.6 Users may not create accounts that are subject to malicious intent (e.g. data theft). This includes all usage intentions that do not correspond to the usual usage intention of the app. For example, the use of an automated device, a script, a spider, a bot, a web crawler or a web scraper.
4.7 Violations of these Terms of Use may, at Fotogoals’ sole discretion, result in the termination of a User’s App account. Users understand and agree that Fotogoals is the operator of the app and that the content offered is provided without guarantee. Users can find further information on this within the Fotogoals photo spot information. Users are therefore responsible for their own actions and use the content of the Fotogoals app at their own risk. If a user violates the content or spirit of these Terms of Use or otherwise poses a risk or potential legal threat to Fotogoals, Fotogoals may discontinue providing all or part of the service to a user.
5. Right of use
5.1 Fotogoals is the sole owner of all intellectual property rights relating to the app, in particular its permanent content (in particular texts, images (including rights of use), designs, logos, videos, sounds, data, graphics) as well as the software and databases that ensure its operation, unless otherwise stated.
5.2 Fotogoals grants the user a simple, spatially unlimited, personal and non-transferable right to use, execute and display the app on a non-commercial basis for personal private use for the duration of the user relationship.
5.3 Any other use of the app and the use and exploitation of its content is only permitted with the written consent of Fotogoals.
5.4 In the event of a breach of this right of use, Fotogoals may, at its own discretion and without prejudice to further legal claims, penalize the user by immediately terminating the right of use.
6. Liability
6.1 Fotogoals provides the user with worldwide photo spots (including exact location, weather information, restrictions) and hyperlinks (Internet links) via its app. This information and data is provided for information purposes only, without the user being able to rely on the timeliness, accuracy or completeness of the information. Fotogoals assumes no guarantee or liability in this respect, in particular not for direct or indirect damages arising from the use of the information or data found on the Fotogoals app. In particular, Fotogoals accepts no responsibility for the content or the functionality, accuracy or legality of third-party data used for the functionality and operation of the app in accordance with the data protection guidelines.
6.2 Fotogoals is liable without limitation for damages and expenses caused by intent or gross negligence on the part of Fotogoals or a vicarious agent, as well as for damages resulting from injury to life, body or health and within the scope of the Product Liability Act and in the event of the assumption of a guarantee.
6.3 For damages and expenses caused by simple negligence, Fotogoals is only liable for damages typically foreseeable at the time of conclusion of the contract if these damages and expenses were caused by the breach of material contractual obligations (cardinal obligations) by Fotogoals. Cardinal obligations are those contractual obligations whose fulfillment is necessary to achieve the purpose of the terms of use, on whose compliance the user can therefore rely and whose culpable non-fulfillment jeopardizes the achievement of the contractual purpose. Liability for all other damages and expenses is excluded.
6.4 Fotogoals is not liable for the loss of data if the damage is due to the fact that the user does not carry out data backups and thereby ensure that lost data can be restored with reasonable effort. Fotogoals does not guarantee the permanent storage of data transferred to the user’s device while using the app. The user shall ensure that all data within the user’s sphere of influence is properly backed up.
7. Data protection
Information on the collection and processing of personal data when using the app can be found in Fotogoals’ privacy policy. The privacy policy is available within the app or at https://www.fotogoals.com/ds-app/.
8 Term and termination
The user relationship between the user and Fotogoals regarding the use of the app runs for an indefinite period. The user is entitled to terminate the user relationship at any time without giving reasons by deleting his/her user account via the function integrated in the app (in the event of problems via e-mail to info@fotogoals.app). Fotogoals is entitled to discontinue operation of the app at any time without giving reasons and thus terminate the user relationship.
9. settlement of disputes
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at www.ec.europa.eu/consumers/odr. Fotogoals is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
10. Published content
11 Special provisions for the Apple App Store
If the App is downloaded from the App Store of Apple Inc. One Apple Park Way, Cupertino, California, USA, 95014 (“Apple”), the following additional terms and conditions apply:
11.1 Apple is expressly not a party to these Terms of Use and accordingly is not responsible for the App and its content.
11.2 Where maintenance or technical support is required by law, this is the sole responsibility of Fotogoals and not Apple.
11.3 Use of the app is only permitted for an Apple product that the user owns or controls and to the extent permitted by the terms of use of the App Store. An exception to this is the access and use of the app by users who have an account linked to the purchaser via Family Sharing or volume purchases.
11.4 In the event of a breach of any applicable warranty by the App, the User may notify Apple and Apple may refund the purchase price of the App to the User. If at all, and to the extent permitted by applicable law, Apple makes no other warranty with respect to the App. Any other claims, losses, liabilities, damages, losses, costs or expenses arising from any breach of warranty shall be the sole responsibility of Fotogoals.
11.5 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 third party claims based on a possible infringement of third party intellectual property rights. In this respect, such claims are to be asserted exclusively against Fotogoals and not against Apple.
11.6 User represents and warrants that (a) he/she is not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country; and (b) he/she is not on any U.S. government list of prohibited or restricted parties.
11.7 Both Apple and its subsidiaries are third party beneficiaries of these Terms of Use. Upon entering into the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against the User.
12. Changes
Fotogoals reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is the User’s responsibility to check this Agreement periodically for changes. Fotogoals reserves the right to change these terms at any time in accordance with the law. 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 will be subject to the terms and conditions of this Agreement.
13. Final provisions
13.1 These Terms of Use are subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which the user as a consumer has his habitual residence, remain unaffected.
13.2 If the user is an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB) or a legal entity under public law, the place of jurisdiction for all disputes arising from and in connection with these Terms of Use shall be the registered office of Fotogoals.
13.3 Should individual provisions of these Terms of Use become invalid, this shall not affect the validity of the remaining provisions. The law shall apply 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 provisions, the parties shall enter into negotiations in order to find a valid provision that comes as close as possible to the invalid provision.
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