Terms and conditions
This website is the subject of the following terms of use, which are bindingly agreed in the relationship between user (hereinafter you) and service provider (hereinafter we) with the access to this website. These texts can be accessed via the website spots2skate.com which is made available by the operator, and can be viewed publicly.
1. Intro
You would like to share your favorite spot, where you sharpen your skills and perfect your tricks? Or would you like to explore new spots on your next trip? With spots2skate you get the opportunity to do that. Become part of a community that shares the same passion as you do, skating. This platform offers you the possibility to upload, share and rate your favorite spots to skate.
2. Scope
These Terms of Use contain provisions on the content, availability and responsibilities in regard to the use of the website https://spots2skate.com/ and the application made available for this purpose.
3. Operator
The website and the corresponding applications are provided by the operator:
Michael Späth Ophagen 3 20257 Hamburg
Phone: 0403072355 E-Mail: [email protected]
4. Registration
The creation of contributions, as well as the use of the application requires a registration with an e-mail address and a username. The username is freely selectable and can also be a pseudonym or a fantasy name that does not allow any conclusions to be drawn about your name.
5. Uploading content
You have the opportunity to post content and make it public. The content includes photos as well as texts (reviews). You are obliged not to post any content that:
- Includes untrue factual claims
- have criminal, or otherwise unlawful, discriminatory, racist, violence-glorifying or youth-endangering content
- contain insults, disparagements, unlawful threats or abusive criticism,
- violates applicable law, in particular property rights of third parties, like copyright and name rights,
- which contain hyperlink links or similar information/references or are likely to impair the functioning of third-party data processing systems, in particular computers,
- infringe the industrial property rights, copyrights, personal rights, property rights or other rights of third parties,
- make direct and/or indirect or covert advertising for goods, services and/or companies.
By posting photos or texts, you assure that you have the rights to publish and that your post is free of third-party rights.
If we become aware of legal violations, we will investigate them immediately and delete them if necessary.
6. The spots
There are many skate opportunities with suitable obstacles. On our filter system you can describe your spot in more detail. There you can describe not only the type of spot (public square, skate park etc.), but also the type of obstacles (funbox, wallride etc.).
Before you upload your spot, make sure the spot is suitable for skating. If, for example, skating is expressly prohibited at the spot or violates the traffic regulations in your country, the spot is not suitable for skating.
The skate spots you upload will not be checked by us for their existence, accessibility or passability. Skating this spot is at your own risk.
7. Uploading photos
Multiple photos can be uploaded from a spot with a short description. The same conditions apply to uploading the photos as to uploading content (issue 5). No illegal content that violates laws, official requirements or the rights of third parties may be uploaded. In particular, the photos must not violate the intellectual property of third parties, unless you are authorized, for example, by consent of the person concerned to upload these photos. You are legally responsible for the photos you publish through our platform.
By posting photo contributions, the user assures that he has the rights to publish and that the text and content are free of third-party rights.
8. Licensing
By uploading and publishing the photos and texts, you give us the worldwide, non-exclusive, free right to use (host, make publicly available, reproduce, distribute, modify) the photos and the texts. The use of your photos and texts is exclusively for the purpose of providing and improving our service and only to the extent necessary for this. The license ends as soon as the photo or text is deleted from our platform.
9. Rate spots
Creating reviews also requires registration. You can comment the spots and the reviews of others.
Only one review can be submitted per spot. The same conditions apply to the ratings as to the posting of content (issue 5).
You have the possibility to rate the spot with a short text as well as with a star system.
If your favorite spot has already been uploaded by another user, you have the option with the "I was here button" to indicate that you have tried out the published spot yourself.
10. Removal of photos or rating
We are entitled to remove your content, in particular photos and your rating, from our platform if they violate the terms of use or legal regulations.
In the event of repeated violations of the terms of use or the posting of criminal content, we reserve the right to exclude the user from using the services in whole or in part.
If users notice contributions that violate these terms of use, they can report them to the operator via the e-mail address provided in the imprint.
11. Liability
We are liable for intent and gross negligence.. Further, we are liable for the negligent breach of obligations, whose fulfillment is essential to enable the ordinary implementation of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance you as a user may rely on regularly. In the last-mentioned case, we are only liable for the foreseeable, typical contractual damage. We are not liable for slight negligent breach of other obligations than those mentioned in the above sentences. The abovementioned exclusions of liability do not apply in case of damage of life, body and health. The liability pursuant to the product liability law remains unaffected.
We do not adopt the content of the content provided to you as our own.
Furthermore, the operator assumes no liability for the constant availability of content/data and information. The operator expressly reserves the right to block, change, supplement, delete parts of the page or the entire website or applications without notice for a freely determined period of time or to cease publication temporarily or permanently.
12. Copyright to the content of the operator
The content/data published on the of spot2skate.com (for example software, products, trademarks such as logos, information, reports, images, videos, illustrations) are protected by intellectual property rights. Further use is only possible with the consent of the operator.
Consent to the exploitation/use by the operator of self-created or compiled content of the website and the application can be requested under [email protected].
Only the making of a copy (private copy) of content for personal, non-commercial/commercial use is permitted, provided that the origin remains clearly recognizable, for example by visible indication of the source.
13. Privacy
In our privacy policy, we explain how we handle your data. The agreed data protection declaration available on the website (LINK HERE) as well as the data protection declaration available in the application shall apply.
14. Changes to the Terms of Use
We reserve the right to make changes or additions to the Terms of Use. We will notify you of any planned changes or additions to these Terms of Use via the Website and the Application no later than 6 weeks before they take effect [at your next login]. If you do not agree with the changes or additions, you can remove your uploaded content and delete your user account at any time.
15. Applicable law and dispute resolution
The parties' relations shall be governed by the law of the Federal Republic of Germany
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed under www.ec.europa.eu/consumers/odr. The e-mail address of the operator can be found in the imprint of the website and the application. The operator is neither obliged nor willing to participate in the dispute settlement procedure.
16. Severability clause
In the event that individual terms of these Terms and Conditions should be or become invalid or should be in conflict with requirements of law, the validity of these terms and conditions shall not otherwise be affected thereby. The parties shall by mutual agreement replace the invalid term by such valid term as comes the closest in a legally valid manner to the economic intend of the invalid term. The foregoing provision shall apply mutatis mutandis in the case of contractual gaps.
