Terms & conditions
Welcome to the Trackel GmbH website – hereinafter referred to as "Trackel" – Barnerstrasse 14, 22765, Hamburg, Germany, represented by its director, Jan-Willem Wulff and entered into the Commercial Registry (" Handelsregister") of the District Court ( "Amtsgericht") of Hamburg, Germany under the registry number: HRB 98745.
Trackel offers an interactive internet service, which can be used in a variety of different ways. For this reason, it is necessary for Trackel to establish rules of conduct and use. We ask that you carefully read through these Terms and Conditions of Service and Use. You are permitted to use trackel only when you accept the following Terms and Conditions of Service and Use. If you do not wish to accept these Terms and Conditions of Use, you are not permitted to use Trackel.
These Terms and Conditions of Service and Use enter into force on Mai 1, 2009.
1. Your Acceptance
These are the general Terms and Conditions of Service and Use of Trackel – hereinafter referred to as "Terms and Conditions". They govern the usage and contractual relations between Trackel and the natural or legal persons or their legal representatives, who use Trackel’s teleservices – hereinafter referred to as "user".
With registration and the creation of a user account with Trackel, you accept Trackel’s terms and conditions by clicking on the dialogue box Yes, I agree to trackel’s general "Terms and Conditions of Service and Use". You are therefore only permitted to use trackel when you accept the Terms and Conditions of Service and Use.
Trackel offers a platform for the exchange of graphics-based travel information. The Trackel website enables interested, travelling users to inform other users about specific locations (e.g. bars, discotheques, clubs, markets, restaurants, accommodations, etc.) and to post or receive tips, recommendations and other information. In addition, users, who are at the location they wish to recommend, may make short, narrated videos on "location" with their mobile telephone cameras or video cameras and post these on Trackel via "upload". Interested users correspondingly have the opportunity to view the information provided by other users and to receive this information via download".
Included among the contents which can be posted to Trackel by users via "upload" are not only videos, but also all other images, texts, sounds, background noises, tones, data, files, software, links in any form, as well as any other information and / or content posted to Trackel’s websites by its users.
4. Conditions for Use
The active use of the teleservices of the Trackel website requires registration as a member, hereinafter referred to as "user". A right to register on Trackel does not exist. Registration at Trackel is free of charge and takes place through the opening of a user account. Only natural, contractually capable persons, persons with the consent of their parent or legal guardian and legal persons are permitted to register. The information required at registration shall be completely and truthfully provided by the user. The user is further obliged to update his or her personal data should the need arise. Upon registration, the user receives an access password for his or her user account.
Trackel enables users to "upload", save and publish their contents without charge in accordance with the law and these Terms and Conditions. At the same time, Trackel is given the task of storing the uploaded contents and making these contents accessible to third parties. The user hereby guarantees that he or she is proprietor of all rights in reference to the uploaded contents. In the event that the user is not the proprietor of rights, he or she guarantees that all necessary permissions have been effectively obtained from the proprietor. Should the user violate this provision and should disadvantages arise for or threaten Trackel as a consequence, he or she will release Trackel from any liability toward third parties in accordance with § 11 of these Terms and Conditions.
5. Usage Rights for Trackel
The user expressly grants Trackel and its legal successors the permission and right to use, exploit and, particularly, to distribute and duplicate the contents submitted by him- or herself without restriction, irrespective of time or place, regardless of §18 of these Terms and Conditions. The user is not entitled to remuneration from Trackel.
Commercial advertising appears on the Trackel websites. The user provides his or her content free of charge and consents to the appearance of commercial advertising in the surrounding fields of his or her submitted content. Here, as before, the user is not entitled to remuneration from Trackel. The user relinquishes all claims he or she may potentially be entitled to out of the underlying legal relationship(s), whether they are known or unknown, payable or not, and independent from the particular legal ground.
The user is free to remove his or her submitted materials from the Trackel websites by former request to Trackel at any time and without the indication of reasons.
The user furthermore allows Trackel to technically modify the contents, when necessary, in order to adapt the contents in their display quality and format to suit the Trackel websites.
6. User Account
The user account is restricted to the sole use of the registered person and cannot be transferred.
The user is responsible for ensuring that his or her user account is used exclusively by him- or herself and, therefore, shall maintain the secrecy of his or her password.
The user is completely and exclusively responsible for all actions concerning his or her user account and, in particular, shall accept the attribution of actions initiated by third parties via his or her user account, in as far as he or she deliberately, negligently or carelessly passed on his or her password or failed to prevent the knowledge of third parties thereof. The user / user account holder shall immediately report any potential improper use of his or her user account to Trackel.
7. Compliance with Rules of Conduct and Etiquette
The permission to use Trackel is directly bound to the compliance with these Terms and Conditions as well as fundamental rules of conduct and etiquette. Forms of conduct, which are capable of disturbing other users of Trackel or uninvolved third parties, will result in the exclusion of the particular user from Trackel. During the use of Trackel - and the internet as well - a customarily polite and respectful tone of communication shall be maintained.
8. No Contents, Which Violate Existing LawThe provision and distribution of contents, which constitute violations of existing law, are prohibited.
Accordingly, the user shall not upload contents, which are capable of violating criminal or subsidiary criminal laws. Included here are incitements to violence, violation of the law or to racial hatred, coercion, harassment, defamation and/or slander, as well as misrepresentations of fact.
9. No Violations of Intellectual Property Laws
The user is further required to refrain from uploading contents to Trackel, which infringe upon the rights of third parties. The illegal use of copyright-protected materials is prohibited. In particular, contents submitted to Trackel by users shall not violate national and/or international intellectual property laws or infringe upon national and/or international trademark, registration, patent, design, utility and naming rights or other intellectual property rights. Furthermore, contents submitted by users shall not violate national and/or international ancillary copyrights, personal rights, property rights or trade secrets.
10. Additional Obligations of the User – Personal Responsibility for Submissions
The user is required to refrain from uploading contents, which are capable of endangering youth, particularly those which glorify violence, are pornographic, obscene or are otherwise harmful to youth.
Any use of Trackel other than in the manner and scope defined in § 2 of these Terms and Conditions is prohibited.
Responsibility for the materials submitted to Trackel by the user remains exclusively with the user. The user is completely responsible for the submitted materials, irrespective of whether he or she created the materials by him- or herself, ordered their creation by a third party or acquired the contents from another source.
The user releases Trackel from all liability, which other users or third parties raise against trackel regarding violations of their rights triggered by contents submitted to Trackel by the user or any other use of trackel by the user. In this sense, the user is completely and exclusively liable for violations of these Terms and Conditions, particularly §4, 6, 7, 8, 9 and 10 of these Terms and Conditions, and releases Trackel from any demands resulting from these violations.
In such a case, the user also assumes the costs of Trackel’s legal defence, including all court fees and attorney’s fees arising. The above does not apply to a case, where the user is not liable for the violation.
12. Information in the Event of a Violation of Intellectual Property or Other Rights
As soon as Trackel becomes aware that a violation against a third party or of these Terms and Conditions has occurred, the contents in question will be immediately blocked and/or removed.
In this respect, Trackel requests users and visitors to its websites to support Trackel in the protection of the rights of third parties and compliance with these Terms and Conditions and therefore to report violations of the law as well as of these Terms and Conditions through contents submitted to Trackel.
In the event that a user, visitor or other third party is affected in his or her rights by materials submitted to Trackel, trackel requests immediate notification by the affected party.
In cases as described above, Trackel requests the use of the designated form Notification of Injury to trackel
13. Exclusion of Guarantee and Limitation of Liability
- a) general use
- Trackel always endeavours to offer its services without technical defect or error. Nonetheless, Trackel assumes no liability for the perfect functioning of its websites. In particular, Trackel assumes no responsibility for damages to the user’s computer system (hardware or software) or other technical equipment. The use of Trackel occurs at the User’s own risk. Furthermore, Trackel reserves the right to limit or discontinue its services without prior notification.
- b) contents
- The contents originating from Trackel – Trackel’s own – were created with the utmost of care. For their accuracy, completeness and timeliness, however, Trackel assumes no liability.
As a service provider, Trackel is responsible for its own contents on these sites under general rules of law pursuant to § 6 paragraph 1 of the Interstate Treaty on Media Services (" Mediendienstestaatsvertrag (MDStV)") and § 8 paragraph 1 of the German Teleservices Act ( "Teledienstegesetz (TDG)"). Service providers, however, are not required to monitor the content of users transferred or stored via their services, nor are they required to search for circumstances, which point to an illegal activity. Obligations to remove or block the use of content under general law are unaffected. Liability in this regard is only possible from the moment of knowledge of the concrete violation. Upon learning of such violations, Trackel will immediately remove these contents.
- c) links
- It is possible for users to create links to the locations they have recommended. Trackel allows the created links, however emphasizes at the same time that it, by nature, can have no influence on or knowledge of the contents of the websites of external third parties. Trackel makes expressly clear that the contents of the linked websites are not its own. Trackel must therefore expressly distance itself here from the contents of the linked websites and also assumes no liability for this external content. All guarantees and liability are excluded in this regard. The respective provider or operator of the website is always responsible for the contents of the linked sites. The linked websites were examined for potential violations of the law at the time of their linkage. Illegal contents were not apparent at the time of their linkage. The permanent control of the linked websites’ content is not reasonable without concrete indications of a violation of the law. As soon as Trackel becomes aware of a violation, it will immediately remove the links in question.
- d) compensation for damages
- Trackel makes expressly clear that it is impossible for Trackel to verify the accuracy, appropriateness, safety or quality of submitted content, recommendations, tips and other information. Trackel represents merely an information platform in this regard and does not make the submitted content its own. For this reason, Trackel assumes no liability, warranty or guarantee for the accuracy, appropriateness, safety or quality of the submitted contents, and, in particular, provides no compensation for damages incurred by a user who has relied on the accuracy and safety of submitted content. Trackel makes expressly clear that the use of information obtained from these websites or their passing on to third parties occurs at the user’s own risk. All claims for compensation of damages against Trackel are therefore excluded, irrespective of their legal basis.
Otherwise, Trackel, its legal representatives, its employees, auxiliary persons as well as all associated companies with Trackel assume liability solely for deliberate and gross negligence. Liability for carelessness is excluded unless it involves an injury to life, limb or health.
Except for deliberate and/or gross negligence by its legal representatives, employees or other auxiliary persons, Trackel’s liability is limited to the extent of damages typically foreseeable at contract conclusion. Possible claims for compensation of damages against Trackel lapse one year after the time of their accrual, provided that they were not caused by deliberate or tortuous manners of perpetration.
14. No Liability for Third Parties
Furthermore, Trackel cannot and will not provide compensation for damages sustained by a third party, who has relied on the accuracy and safety of content submitted by users or third parties, unless Trackel is culpable for deliberate or gross negligence.
16. Right to Remove Contributions/Submissions / Right to Delete User Accounts / Right to Exclude Users
Trackel reserves the right at any time, without the indication of reasons, to
- a) delete, block or permanently remove contents, irrespective of type, submitted by users to Trackel,
- b) delete or block user accounts,
- c) permanently exclude users from membership in Trackel and to prohibit and prevent their use,
- d) cancel or deny a requested membership.
The above measures will be considered, and are not limited to such, when indications exist from Trackel’s perspective that the content in question and/or the user violates legal regulations, these Terms and Conditions or the rights of third parties, or when Trackel has an otherwise legitimate interest in the deletion, removal, blocking or the exclusion of a user. In this context, Trackel is entitled to transfer the stored contents to third parties, in as far as this is necessary, legally authorized and admissible, in order to protect the interests of Trackel or third parties.
As soon as a user is blocked, the user is permanently prohibited from re-registering on Trackel or making use of Trackel through other user accounts.
17. System Integrity of the Trackel Website
The user is prohibited from carrying out actions, or making use of software, scripts or mechanisms of any other form in connection with the use of Trackel, which damage, disturb, block or otherwise interfere with the functionality of the Trackel websites or the websites of third parties. Accordingly, the user is responsible for ensuring that the submitted contents do not contain viruses, worms, Trojan horses or other damaging programmes and the like. Furthermore, the user is prohibited from attacking the content or appearance of Trackel websites in any way and from causing such changes, which contradict the use specified in these Terms and Conditions.
The user is free to cancel his or her membership in Trackel at any time without the indication of reasons or the observance of deadlines. Written notification to Trackel via e-mail or post to Trackel GmbH, Barnerstrasse 14, 22765 Hamburg, Germany is sufficient in this regard. Trackel will then delete all contents and other files stored for the user.
Trackel also expressly reserves this right for itself. For cancellations on the part of Trackel, written notification sent to the e-mail address provided by the user or the blocking of the user account is sufficient in this regard.
In the event that the user wishes to revoke the rights granted to Trackel in §5 of these Terms and Conditions at the same time as his or her cancellation of membership, written notification to Trackel is required in this regard.
19. Naming Rights, Trademark Rights and Intellectual Property Rights
All rights to Trackel are held by the Trackel GmbH, Barnerstrasse 14, 22765, Hamburg, Germany. The use of Trackel occurs only within the framework of these Terms and Conditions. Any other use of Trackel (including in words and images) requires the prior, expressed written consent of the holder of these rights.
20. Revisions to the Terms and Conditions of Service and Use
Trackel reserves the right to change these Terms and Conditions at any time and without the indication of reasons. Revisions to the Terms and Conditions must be made in written form. In the event of a revision, the user receives notification via e-mail no later than two weeks prior to the entry into force of the revised Terms and Conditions. Provided that the user does not indicate dissent within two weeks of receipt of the e-mail, the revised Terms and Conditions are considered, to be accepted. With the sending of the e-mail regarding the revision, trackel will separately point out to the user the significance of the two-week deadline.
21. Jurisdiction, Applicable Law
All legal disputes arising between the user and Trackel will be exclusively governed by the laws of the Federal Republic of Germany, under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (UN-CISG). All material and procedural laws, which refer to another legal system, are excluded in this connection. Location of contract fulfilment is Hamburg, Germany.
Exclusive jurisdiction – to the extent legally permissible – is Hamburg, Germany.
22. Severability Clause
In the event that one of the provisions of these Terms and Conditions becomes invalid, the remaining provisions are not affected. The invalid provision shall be replaced with a provision, which most closely serves the intentions and business purposes in a legally valid form. The same shall apply in the event of a gap or an omission.
Please note: The English-language translation of Trackel’s Terms and Conditions of Service and Use is provided only as a courtesy for international users. The German-language version of the Terms and Conditions of Service and Use is the authentic text for all legal matters.