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:
- mobile mapping and navigation services,
- additional services,
- 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.skoobbler.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.
8.3 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@skobbler.de.
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
Managing director: Peter Scheufen
Commercial register: Hamburg, HRB 124264 B
This version of the document has been translated from the original version in German. The German version remains legally binding.
LICENSED APPLICATION END USER LICENSE AGREEMENT with Skobbler GmbH
The terms and conditions of this LICENSED APPLICATION END USER LICENSE AGREEMENT with Skobbler GmbH only apply for the Product “skobbler - Navigation - UK/Ireland” of Skobbler GmbH (the “Application Provider”). Your license to this Product you obtain through the Service is subject to your prior acceptance of this LICENSED APPLICATION END USER LICENSE AGREEMENT with Skobbler GmbH The Product made available through the Service is licensed, not sold, to you. The Application Provider reserves all rights not expressly granted to you. The Product that is subject to this license is referred to in this license as the “Licensed Application”.
a. Scope of license:
This license granted to you for the Licensed Application by Application Provider is limited to a non-transferable license to use the Licensed Application on any iPhone or iPod touch that you own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the “Usage Rules”). This license does not allow you to use the Licensed Application on any iPod touch or iPhone that you do not own or control, and you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not modify, rent, lease, lend, sell, assign, transfer, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a breach of the rights of the Application Provider and its licensors. If you breach this restriction, You may be subject to prosecution and damages.
The terms of the license will govern any upgrades provided by Application Provider that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
The Application Provider is entitled to replace the Licensed Application at any time by way of an alternative Licensed Application with the same functions. The original Licensed Application will not be operable afterwards and your License cease to exist automatically. The Application Provider will automatically grant you a new License for the alternative Licensed Application.
b. Consent to Use of Data:
You agree that Application Provider may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Licensed Application. Application Provider may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
c. Termination.
The license is effective until terminated by you or Application Provider. Your rights under this license will terminate automatically without notice from the Application Provider if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
d. Services; Third Party Materials.
The Licensed Application may enable access to Application Provider’s and third party services and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and that you accept additional terms of service.
You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that the Application Provider shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that the Application Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, you should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Use of real time route guidance is at your sole risk. Location data may not be accurate. Neither the Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services.
You agree that many Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means except as permitted by Application Provider or applicable third party, law or regulation. You agree not to modify, rent, lease, loan, sell, assign, transfer, distribute, sublicense or create derivative works based on the Services, in any manner, except as permitted by Application Provider or applicable third party, law or regulation, and you shall not exploit the Services in any unauthorised way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Application Provider is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the Services.
In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPhone or iPod touch are not available in all languages or in all countries. The Application Provider makes no representation that such Services and materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the Application Provider be liable for the removal of or disabling of access to any such Services. The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
e. NO WARRANTY:
Application Provider will use reasonable care and skill with respect to the provision of the Licensed Application and any services performed or provided by the Application Provider (“Services”) to you. Application Provider does not make any other promises or warranties about the Services and in particular does not warrant that:
- your use of the Services will be uninterrupted or error-free;
- the Services will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and Application Provider disclaims any liability relating thereto. You shall be responsible for backing up your own system, including any Licensed Application that is stored on your system.
f. LIMITATIONS OF LIABILITY
- Except as set out in section g(ii), in no case shall Application Provider, its directors, officers, employees, affiliates, agents, commissioners, contractors, principals or licensors be liable for any loss or damage caused by Application Provider, its employees, agents or commissioners where:
- there is no breach of a legal duty of care owed to you by Application Provider or by any of its employees, agents or commissioners;
- it is not a reasonably foreseeable result of any such breach;
- any increase in loss or damage results from breach by you of any term of this End User license Agree-ment ("Agreement");
- it results from a decision by Application Provider to warn you, to suspend or terminate your access to the Services, or to take any other action during the investigation of a suspected breach or as a result of the Application Provider's conclusion that a violation of this Agreement has occurred; or
- it relates to loss of income, business or profits, or any loss or corruption of data in connection with your use of the Licensed Application.
- Nothing in this Agreement removes or limits Application Provider's liability for fraud, or for death or personal injury caused by its negligence.
g.
You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In par-ticular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
h.
Any questions in respect of the Licensed Application should be directed to
skobbler GmbH, Am Langenzug 5, 22085 Hamburg, Germany
E-Mail: support@skobbler.com
i.
The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
j.
German laws govern this licence and your use of the Licensed Application.