Terms and Conditions of Use for the 'MapDust' Service from skobbler GmbH

MapDust is a user service that collects, analyses, displays and makes available errors, additions, or requests notified by users in connection with OpenStreetMap. These components, together with the www.mapdust.com website, form the "MapDust platform".
Registration for the use of user-profile-specific additions is currently only possible via the www.mapdust.com website. The user can also create and edit individual messages and a personal user profile via the above-named website.

Use of the services requires the conclusion of a contract granting authorization to use SKOBBLER's MapDust platform (hereafter: "Agreement"). The Agreement comes into effect as a result of a user’s first-time use of the MapDust service, but no later than with acceptance of the terms of use during the registration process. A user account is automatically created for the user in the course of the registration process.

§ 1 Scope of validity of the Terms and Conditions of Use

1.1 skobbler GmbH ("SKOBBLER") provides the services for the MapDust 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.mapdust.com.

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 ("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.mapdust.com. 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 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.

§ 3 Mutual terms and conditions of usage and licence conditions

3.1 The user may only use the service in the intended way.

3.2 SKOBBLER grants the user a right to use the service that is limited in time, place and content. The user is not granted exploitation rights of any kind. The user may only use the service for personal use. The user may not transfer the Agreement or the license.

3.3 By uploading textual, geographic, or multimedia content, the user transfers to SKOBBLER a right of use to the multimedia content placed on the MapDust platform that is free, non-exclusive, revocable, unlimited in terms of the retrieval volume, sublicensable and geographically unlimited, as well as the right to change the content. The right of use includes in particular the right to allow public access to the content.

This also encompasses the reproduction, distribution, broadcasting, public communication, publication or other similar use of the transferred content as part of SKOBBLER's offering on its partner sites. SKOBBLER is entitled to include the content on partner sites. The user can exercise his or her power of revocation at any time by deleting the content.

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 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.

3.6 The above terms and conditions apply correspondingly for usage of the Internet-based services available via www.mapdust.com.

§ 4 Registration and data protection

4.1 Use of the service with enhanced functionality requires the user to personally register on the MapDust 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.mapdust.com.

§ 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 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 MapDust platform. Otherwise, all further forms of liability are excluded.

§ 7 Liability for the legality of the contents

7.1 SKOBBLER stores the user's uploaded textual, geographical or multimedia content, or provides the storage space and access required for this purpose. The user is therefore solely responsible for the content he or she places on the MapDust 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 MapDust 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 mapdust 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 support@mapdust.com.

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

skobbler GmbH
Luisenstr. 41, 10117 Berlin, Deutschland

info@skobbler.com

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.