Terms of Service
Validity of Terms of Service
Range of Bikemap’s services
- Bikemap creates and runs interactive online routing platforms for the displayment of routes including detailed information such as route length, elevation profile, description of routes, pictures and other rich media content. These data can be shared with other users and visitors of Bikemap through the provided export functions.
- In addition routes can be created with Bikemap's Apps, which can also be shared and published with the provided functions.
- The user is obliged to use the provided export functions for publishing and sharing routes with other users.
- A restricted usage of Bikemap’s services is possible without a mandatory registration.
- Through registering an extended usage is possible for the user. The following access data has to be stated mandatory at a registration:
- User name
- Email address
Availability and usage of Bikemap’s services
- Bikemap reserves the right to edit, expand, and remove all services at all times contentwise, functionally, and graphically without providing any reasons. A continuous availability of the website and other services cannot be guaranteed technically. Therefore the user does not have any claim on a permanent availability of Bikemap’s services.
- Certain functions are technically restricted as for example in the extent of the uploaded additional information for a route. Bikemap cannot guarantee that the data transfer via external systems especially the internet and telecommunication networks, is not tracked or distorted by third parties.
- Bikemap does not take over any responsibility for the services of third parties. Legal transactions closed via external pages, banner or other links between the user and a third party exclusively lead to a legal contract between the user and the third party.
Usage data and data protection
- Usage data are all contents and data which are created and uploaded by users to the platforms of Bikemap. Through creating or uploading the user agrees that these usage data especially GPS-, access and profile data are analysed, edited and saved in the system of Bikemap.
- Every route that is created on Bikemap is public or publicly visible. By a proactive setting of the route to “private” the routes is only accessible by the user and not by the public.
- Usage data is analyzed and edited independently of any personal identity and saved in an anonymous form in the system of Bikemap. The collection and saving of these anonymous data serves to examine, update and enhance the information content of data provided by the users on a continuous basis.
- Data which can be connected to a certain person is referred to as “Personal usage data”. These data will be saved and analyzed in the system of Bikemap connected to a certain user in order to automatically enable an individual offer of Bikemap’s services. The user agrees that an automatic analysis might lead to a individualized display of advertisements.
- By deleting the user’s account the user has the possibility to discharge his or her personal data. Under exceptional circumstances especially when suspicions about illegal actions arise the personal usage data can be saved also after a discharge of the account and/or forwarded to third parties which rights may have been violated.
- Bikemap cannot fully guarantee for the security of information in the user’s account. Hostile or intentional aggressive attacks on the server and/or the live system are prevented at the best possible, though a continuous availability of the system cannot be guaranteed.
- Usage rights of the transmitted data: Irregardless of an existing copyright or property right of the user for the transmitted data, the user has the exclusive responsibility of the transmitted data to Bikemap. If the user has a copyright or property right for the transmitted data, the user reserves this copyright and property right. Irregardless of this fact it is necessary that the user grants Bikemap and other users restricted rights: Irregardless of this fact it is necessary the the user grants Bikemap and other users restricted rights:
a. The user grants Bikemap the non-exclusive and geographically not restricted right of the publication and access granting of the transmitted user data
b. In addition the user grants Bikemap a worldwide, non-exclusive and free exploitation licence on all transmitted, publicly accessable data on all platforms of Bikemap. This includes especially the usage, editing and reproduction and the commercial onward sale of data in any way possible irregardless in any way of distribution.
c. Additionally the user grants every other user of Bikemap’s services a worldwide non-exclusive and free licence regarding the access to publicly available data of the platforms of Bikemap as well as the usage, the editing and reproduction of the provided services. This includes especially the right to save, copy and share routes.
Contents of users and third parties
- The user assures that he or she is entitled to ownership of the data. Bikemap does not take over any responsibility for any user generated content and does not claim any ownership of the created and uploaded contents. Further Bikemap does not take over any supervising function for the created and uploaded contents. The user therefore releases Bikemap from all claims, which third parties might have due to a violation of their rights related to contents generated and uploaded by users into the system of Bikemap.
- In such a case the user undertakes all costs of a necessary legal defence of Bikemap, including all court and lawyer costs to legal amounts, except if the user’s actions are non culpable.
- The user is obliged to inform Bikemap about any knowledge immediately, in full and truly, which are required for an examination of the claims and for a legal defence in the case of any claims by third parties.
- Additional damage claims of Bikemap against the users are not affected. The usage of third party data can possibly be subject of further Terms of Service.
- Bikemap is only liable to the extent of legislative provisions independent of which legal reason (pre-contractually, contractually and non-contractually), if a damage was caused deliberately or gross negligently. If a damage is caused with slight negligent Bikemap is not liable to companies and to consumers only in the event of injury to life, body and health.
- Bikemap shall not be liable to companies for indirect damage, collateral damage, consequential damage and mere financial losses as well as lost profit. Further Bikemap is not liable for downloaded data or any data, which the user obtained when using Bikemap’s services.
- The user solely is responsible for any damage, which might be caused by his or her soft- or hardware or the loss of data caused by downloading of any material related to the services of Bikemap.
- The user takes notice of and accepts that Bikemap is under no circumstances responsible for the the actions or omissions of other users as well as the damage caused by these actions or omissions.
- The user is responsible for the consequences of any legal, extrajudicial or other reclamation or charge caused by conflicts with other users or related to such conflicts.
Duties of the user
- The user obliges him or herself not to publicize any contents, which might be illegal especially pornographical, racist, sexist, offensive or libelous or hurting the rights of third parties. The user therefore is responsible for all transmitted contents. If a user learns about the unlawfulness of certain contents transmitted by him or her, he or she has to immediately delete these. Further Bikemap reserves the right to immediately delete certain contents in case of suspicion of unlawfulness.
- Every kind of misuse of services is forbidden and leads to an immediate blocking of the user by Bikemap. Further every user has to instantly report any unauthorized and abusive use as well as the suspicion that his or her account is in such a danger, via email to email@example.com.
- The user is obliged to keep his or her login data confidentially.
- Further is every user obliged not to harass other users through intrusive communication attempts. This includes especially any sexually related communication and the spreading of mass mails or spam to more people simultaneously. In addition the user has to refrain from any action, which could harm the services of Bikemap, especially damaging interventions with technical or electronical devices into the services of Bikemap as hacking attempts, brute-force attacks, implanting of viruses/worms/trojans and other attempts regarding the soft- and hardware of Bikemap.
- The user is obliged to report any detected violations of the duties specified above immediately via email to firstname.lastname@example.org.
- Further the user is obliged to use all services only in the way specified by Bikemap.
- The user is responsible to choose a suitable route for him or herself. Bikemap does not take over any responsibility and cannot guarantee for the user to be capable of riding the chosen route, that he or she has suitable equipment with him or her, that the riding of the route is possible at all, and that the weather conditions enable a walking or a riding of the route without a substantial danger to life, body and health of the user.
- Every user has to verify the identity of another user by oneself before he or she gets in contact with this user. Bikemap does not guarantee for the actual user identity as the identification of people often is only possible partially in the internet.
Notice of termination and cancellation of a contract
- The termination of the user’s contract either takes place when the user account is deleted or when a postal delivery of the user’s withdrawal confirmation is sent to Bikemap. The user accepts that the usage agreement is not cancelled by the deinstallation of the app.
- Bikemap reserves the right to exclude the user of Bikemap’s services without any cancellation period in case of extraordinary reason for example if a grossly negligent violation against the user’s duties is present.
- A great amount of Bikemap’s services is free. As soon as the user is going to make use of services which are subject to charge, Bikemap will separately point out this fact.
- The download of data related to the services of Bikemap causes connection fees of telecommunication providers or other third parties.
- An adaption of these Terms of Service is possible at all times.
- Austrian law is valid with the exception of reference provisions and the UN convention on the international sale of goods.
- Place of fulfillment is Vienna, Austria.
- Only the German version of Terms of Service is binding.
- If certain rules of this Terms of Service agreement become ineffective other rules will not be affected.
Last update: October 2015