Terms of use

In the following terms of use, we would like to inform you about the conditions that apply and must be observed when using the Fotogoals website "fotogoals.com" (hereinafter also referred to as the "website").

Status: 10.05.2024

Table of contents

1. subject matter and scope of the contract

1. 1 Fotogoals – Lukas Zobel, Weedstraße 5, 97346 Iphofen, Germany, e-mail: kontakt@fotogoals.com, telephone: +49 9326/9799803, hereinafter (“Fotogoals”) offers users on the Internet (“Users”) the free personal and private use of his Fotogoals website “fotogoals.com” (“Website”). The use of the website is subject to the provisions of these terms of use. Commercial use can only be made 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 By accessing the website, the user can access the content of the site, in particular all information relating to the published photo spots, free of charge.

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 must inform himself about possible changes before accepting these terms of use. The changes are deemed to have been approved if the user accepts the corresponding “cookie pop-up” when accessing the website – this appears when the website is accessed for the first time. Fotogoals will also inform the user separately of this legal consequence if required.

2. terms of use

2. 1 Fotogoals endeavors to ensure that the website functions as permanently as possible. However, the user has no right to use the website if it is not offered or cannot be offered or does not function for technical or operational reasons. Furthermore, Fotogoals does not guarantee or warrant that the website will meet the requirements of users, 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 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. 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 connection costs incurred for the data transfer shall be borne by the user.

3. obligations of the user

3.1 The User may use the Website solely for his own purposes and in accordance with these Terms of Use, insofar as this is necessary for the use of 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 reproduction, distribution, modification or storage of information or data, in particular of texts, parts of texts, Gps data or image material, 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, it is not permitted:

3.2.1 Users are not authorized to copy any website content. Any use of the content, including excerpts, in particular for commercial purposes, requires the prior consent 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 website may 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 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 change, especially how the Fotogoals files or page is scaled or displayed in the browser or on a user’s device.

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

3. 5 Violations of these Terms of Use may be reported to the police at the sole discretion of Fotogoals. Users understand and agree that Fotogoals is the operator of the website and that the content offered is provided without guarantee. Users can find more information about this in the Fotogoals 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 content or spirit of these Terms of Use or otherwise poses a risk or potential legal threat to Fotogoals, Fotogoals may prohibit the provision of all or part of the Service to a User.

4. right of use

4. 1 Fotogoals is the sole owner of all intellectual property rights relating to the website, in particular its permanent content (in particular texts, images (including rights of use), designs, logos, videos, sounds, data (GPS etc.), graphics) as well as the software and databases that ensure its operation, unless otherwise stated.

4.2 Fotogoals grants the user a simple, spatially unlimited, personal and non-transferable right to use, execute and display the website on a non-commercial basis for personal private use for the duration of the user relationship.

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 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.

5. liability

5.1 Fotogoals provides the user with worldwide photo spots (including exact location, weather information, restrictions) and hyperlinks (Internet links) via its website. This information and data are for information purposes only, without the user being able to rely on the topicality, 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 website. 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 website in accordance with the data protection guidelines.

5.2 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, limb or health and within the scope of the Product Liability Act and in the event of the assumption of a guarantee.

5. 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 essential 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.

5.4 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 website. The user ensures that all data within the user’s sphere of influence is properly backed up.

6. data protection

Information on the collection and processing of personal data when using the website can be found in Fotogoals’ privacy policy . The privacy policy is available within the website or under Privacy Policy .

7 Term and termination

The user relationship between the user and Fotogoals with regard to the use of the website runs for an indefinite period. The user is entitled to terminate the user relationship at any time without giving reasons by leaving the website. Fotogoals is entitled to discontinue the operation of the website at any time without giving reasons and thus terminate the user relationship.

8. 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.

9. published content

Photo spots
The photo spots published by Fotogoals worldwide (incl. exact location, weather information, restrictions) and any hyperlinks (internet links) are published by Fotogoals to the best of its knowledge and belief. All published photo spots comply with the so-called freedom of panorama (§ 59 UrhG) according to German law. In the case of photo spots abroad (outside Germany), attention is paid to compliance with the laws of the respective country.
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 at the photo spots remains with the creator/originator in the case of a large number of photo spots (e.g. architectural photo spots, graffiti/wall paintings, monuments/statues, etc.).
Fotogoals assumes no liability whatsoever for the visit and actions of a user at the photo spot when using the offer of the published photo spots. See also point 5 Liability.
Further information on the rules at the photo spots can be found on the “Photo spot information” page, which can be viewed via the following link: Spot information.
Advertising content
As part of our business activities, advertisements are displayed in various places on our website. 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” or similar and are thus clearly recognizable as such for the user.

10. 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.

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 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.

11.2 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.

11. 3 Should individual provisions of these Terms of Use become invalid, this shall not affect the validity of the remaining provisions. The law applies in their place. If the law is not available or would lead to an unacceptable result in the particular case due to a loophole in the regulations, the parties will enter into negotiations to find a valid provision that comes as close as possible to the invalid provision.

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