Introduction

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

Status: June 16, 2022

Contents overview

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

1. Subject matter and scope of the contract

1.1

Fotogoals – Lukas Zobel, Weedstr. 5, 97346 Iphofen, Germany, email: service.fotogoals@outlook.com, telephone: +49 (0) 176 24077293, after referred to as (“Fotogoals”) offers Internet users (“User”)) 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 permitted by Fotogoals. This can only be done upon request (email: service.fotogoals@outlook.com, telephone: +49 (0) 176 24077293) and is subject to provisions that differ from these Terms of Use.

1.2

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.

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 about changes to the terms of use. The changes are considered approved if the user does not raise any objections in text form within a calendar month. Fotogoals will also inform the user separately about this legal consequence if necessary.

2. User account and registration

2.1

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.

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.

2.3

In the event of input errors during registration, the user has the option of contacting Fotogoals via email (app.fotogoals@outlook.com). Fotogoals will provide appropriate support to find a solution with the user as quickly as possible.

2.4

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.

2.5

A separate storage of the contract text by Fotogoals does not take place. The user always has the option to access the terms of use within the app or via fotogoals.com/nb-app/.

2.6

If a user authorizes Fotogoals to create an account on their behalf through a verifiable channel (via Mail, Instagram, Facebook, etc.), they accept the applicable privacy policy and terms of use of the app.

2.7

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 service.fotogoals@outlook.com). 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 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.

3.2

The user is solely responsible for the compatibility of the device. The system requirements can be found in the respective app store.

3.3

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.

3.4

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

4.1

The user may only use the app for his own purposes and in accordance with these terms of use, insofar as this is necessary for using the app. The user is obliged not to make the app available to third parties and not to use the app against the provisions of these terms of use. In particular, systematic reuse or systematic extraction of content is not permitted.

4.2

Users are not allowed to 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 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:

4.4.1

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.

4.5

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.

4.6

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.

4.7

Violation of these Terms of Use may result in the termination of a user’s app account, at Fotogoals sole discretion. Users understand and agree that Fotogoals is the operator of the app and that the content offered is provided on an ” no guarantee” basis. Users can find more 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 in any other way presents 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 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.

5.2

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.

5.3

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.

5.4

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.

6. Liability

6.1

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.

6.2

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.

6.3

For damages and expenses caused by simple negligence, Fotogoals is only liable for the damages typically foreseeable at the time of the 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, the fulfillment of which is necessary to achieve the objective of the terms of use, compliance with which the user can therefore rely on and the culpable non-fulfillment of which endangers 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 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.

7. Privacy

Information on the collection and processing of personal data when using the app can be found in the Fotogoals data protection declaration. The privacy policy is available within the app or at https://www.fotogoals.com/dp-app/?lang=en.

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 service.fotogoals@outlook.com). 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

Photo spots

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:

11.1

Apple is expressly not a party to these Terms of Use and accordingly is not responsible for the app or its content.

11.2

To the extent that maintenance or technical support is required by law, this is the sole responsibility of Fotogoals and not Apple.

11.3

The use of the app is only permitted for an Apple product which the user owns or controls and insofar as the terms of use of the App Store permit. The exception to this is the access and use of the app by users who have an account linked to the buyer via family sharing or volume purchases.

11.4

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.

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 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.

11.6

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.

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 it will be deemed to have accepted that right) to enforce the Terms of Use against the user.

12. Changes

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

13.1

These terms of use are subject to the law of the Federal Republic of Germany to the exclusion of the UN sales law. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the state 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 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.

13.3

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 outcome in each 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 ineffective provision.https://www.fotogoals.com/spotinformation/?lang=enWeBy 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.

Note:

Some parts of this terms of use declaration have been translated using a translation tool. There may therefore be translation errors or problems of understanding.