MyTrails
Welcome to MyTrails!
Please read the following terms of use applicable to each visitor to the website www.mytrails.info (hereinafter referred to as “website”). By using this website, you impliedly agree to these terms of use. The owner of the website reserves the right to change, delete or supplement the information on this website at any time without prior notice.
§ 1
Scope
1. The following conditions apply to the use of the website MyTrails (hereinafter “website”). It is important for the use of the website that you as the user accept the following terms and conditions.
2. By using our website, you agree to the terms of use of our website. By agreeing to this, you warrant that you will not create any posts that violate the Terms of Use.
3. The subject of MyTrails is the following:
– Providing information on trekking tours and long-distance hikes
– Running a community on the subject of trekking and long-distance hiking
§ 2
Contact Details and Legal Notice
If you have any questions regarding our website, you can reach us at the following contact details:
MyTrails GmbH
Am Riedlbach 5
D-94152 Neuhaus am Inn
Responsible for editorial content according to § 55 paragraph 2 RStV: Stefan Hechberger
Managing director: Stefan Hechberger
Registration court: Amtsgericht Passau
Registration number: HRB 11726
§ 3
Website Availability
1. MyTrails is available 24 hours a day. However, there may be interruptions in availability due to maintenance required for the system. Interruptions in availability can occur, among other things, due to force majeure or other causes for which MyTrails is not responsible, such as intent or gross negligence.
2. MyTrails GmbH points out that:
- that it is technologically impossible to provide the website free of errors of any kind and that MyTrails GmbH therefore assumes no responsibility for them,
- that errors can lead to temporary shutdown of the website,
- that the availability of these web pages is dependent on conditions and services beyond the control of MyTrails GmbH, such as transmission capacities and telephone connections between the individual parties. We are not responsible for any malfunctions falling within this range.
§ 4
Discussion Forums
Insofar as MyTrails GmbH offers discussion forums temporarily or permanently on its websites, the participants of the discussion forums are expected to observe the usual rules of communication, such as mutual respect. Visitors may not distribute or post any offensive, possibly derogatory, foul, indecent, defamatory or obscene material or any material that infringes the intellectual property rights of any third party.
§ 5
Electronic Communication
By using a MyTrails service or sending emails, text messages or other communications to us from your computer or mobile device, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, including via email, text messages, or by posting electronic messages or other communications on our website or as part of other MyTrails services. For contractual purposes, you agree to receive electronic communications from us and that all approvals, notices, disclosures and other communications that we provide to you electronically do not, to that extent, require a written form unless mandatory legal regulations require a different form of communication.
§ 6
Copyright and Database Rights
1. All content included in or provided through any MyTrails service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data collections, is the property of MyTrails or third parties supplying content or making it available on the site and is protected by German copyright and database right laws.
2. Also, the entire body of content included in or provided through any MyTrails service is the exclusive property of MyTrails and is protected by German copyright and database right laws.
3. You may not systematically extract and/or reuse portions of any MyTrails service without our explicit written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for reuse of any substantial parts of any MyTrails service, without www.mytrails.info’s explicit written consent. You also may not create and/or publish your own database that includes substantial portions of any MyTrails service without the explicit written consent of MyTrails.
§ 7
Patents
All patents pending on MyTrails are also applicable to all MyTrails services and other products. It may happen that the respective patents are operated under one or more patents.
§ 8
Your Account
1. Access to some (paid) services of the website requires you to create an account.
2. Creating an account is allowed only to persons of full legal capacity, to whom the registration form on the website www.mytrails.info is provided.
3. The user agrees not to provide false information about themselves. Furthermore, the user agrees to check their information regularly to ensure that it is correct.
4. When using a MyTrails service, you are responsible for ensuring the confidentiality of your account, password, and for restricting access to your computer and mobile devices. To the extent permitted under applicable law, you agree to be responsible for all activities that occur under your account or password. You should take all necessary steps to ensure that your password is kept secret and stored securely and you should inform us immediately if you have any reason to be concerned that a third party has gained knowledge of your password or that the password is being, or is likely to be, used in an unauthorized manner. You are responsible for ensuring that the information you provide is accurate and complete and for informing us of any changes regarding the information you provide. You can view and update some of the information you have given us on our website.
5. The user can change their username and password subsequently at any time.
6. You may not use any MyTrails service in a manner that is likely to interrupt, damage, or otherwise impair MyTrails services or access.
7. Further, you may not use MyTrails services for fraudulent or in connection with any crime, unlawful activity, harassment, or inconvenience.
8. We reserve the right to withhold services from you on the website or close member accounts. This applies in particular in the event that you violate applicable law, contractual agreements or our policies.
9. The users of this website can delete their account at any time by sending an appropriate message via the contact form. The user’s account will be deleted immediately once the user has completed and submitted the form.
§ 9
Claims From Intellectual Property Rights
MyTrails respects intellectual property rights of third parties. If you believe that your intellectual property rights have been used in a manner that gives you reason to believe they have been infringed, please follow our Infringement Notification Procedure at www.mytrails.info.
§ 10
Liability
1. We always strive to ensure that the services of MyTrails are available without interruptions and transmissions are without errors. However, due to the nature of the Internet, this cannot be guaranteed. Your access to MyTrails services may also occasionally be interrupted or limited to allow for repairs, maintenance, or the introduction of new features. We will attempt to limit the frequency and duration of any such temporary interruptions or restrictions.
2. MyTrails is liable without limitation as far as the cause of damage is based on an intentional or grossly negligent breach of duty by MyTrails or a legal representative or vicarious agent of MyTrails.
3. Furthermore, MyTrails is liable for the slightly negligent violation of essential obligations. Obligations are essential, if their violation endangers the achievement of the purpose of the contract or if their fulfillment enables the proper execution of the contract in the first place and you regularly rely on their compliance. In this case, however, MyTrails is only liable for the foreseeable, contract-typical damage. MyTrails is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
4. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following acceptance of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
5. As far as the liability of MyTrails is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
§ 11
Links to Other Websites
1. We have no way of controlling the content of links that are not operated by MyTrails GmbH and are located on their website, as they are completely independent of us.
2. For this reason, we do not accept any responsibility for the content of these websites and the consequences of their use by visitors to them. Accessing all websites accessible via links is at the user’s own risk. There is no separate notice when users leave the website. However, we ask you to notify us immediately of any illegal or dubious content on the linked website.
3. Other websites may contain a link to the websites of MyTrails GmbH. Any such link requires our prior consent.
§ 12
Privacy
1. It may happen that data and information of the visitors and users (date, time, accessed page) about the access are stored on the server. We would like to inform you that – without your consent – no personal data (e.g. name, address or e-mail address) will be stored.
2. If personal data is collected, we undertake to obtain the prior consent from the user of the website. We undertake not to disclose any data to third parties unless the visitor or user consents in advance.
Please note, that the transmission of data via the Internet (e.g. by e-mail) may be subject to security gaps. Accordingly, error-free and trouble-free protection of third-party data cannot be fully guaranteed. Our liability is excluded in this respect.
4. Third parties are not entitled to use contact data for commercial activities, provided that the provider has given prior written consent to the persons concerned.
5. The user has the right to information. You have the right to receive complete and free information from us at any time regarding the data concerning you.
6. Additionally, there is a right to correction/deletion of data/restriction of processing for the user.
7. Further details are provided separately in the privacy policy.
§ 13
Cookies
1. In order to display the product offer, we may use cookies. Cookies are small text files that are stored locally in the cache of the site visitor’s web browser.
2. Many websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters by which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This enables the visited websites and servers to distinguish the individual browser of the person concerned from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified via the unique cookie ID.
3. The use of cookies allows for more user-friendly services to be provided to users of this website, which would not be possible without the use of cookies.
4. We inform you that some of these cookies will be transferred from our server to your computer system, which are usually referred to as session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard drive after the end of the browser session. Other cookies remain on your computer system and allow us to recognize your computer system during your next visit (so-called permanent cookies).
5. You can object to the storage of cookies, for this purpose a banner is available for you to object/accept.
6. of course, you can configure your browser so that no cookies are stored on the hard drive or already stored cookies are deleted again. The instructions regarding the prevention as well as deletion of cookies can be found in the help function of your browser or software manufacturer.
§ 14
Changes to the Terms of Use
We reserve the right to make changes to MyTrails services, regulations, conditions, including these terms of use, at any time. You are subject to the terms and conditions, contractual terms and conditions, and terms of use in effect at the time you use MyTrails’ services. If any of these terms are held to be invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
§ 15
No Renunciation
If you violate these Terms of Use and we do nothing about it, we will still be entitled to exercise our rights on any other occasion on which you violate these Terms of Use.
§ 16
Jurisdiction and Applicable Law
1. Any disagreements and disputes arising from this contract shall be governed exclusively by the laws of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
2. The sole place of jurisdiction for orders placed by merchants, legal entities under public law or special funds under public law is the registered office of the provider.
§ 17
Final Provisions
1. the contract language is german.
2. if you breach these Terms of Service and we do nothing about it, we will still be entitled to exercise our rights on any other occasion on which you breach these Terms of Service.
3. We reserve the right to make changes to our website, rules and regulations, terms and conditions, including these Terms of Use, at any time. If any provision of these Terms of Use is invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
The invalidity of one provision shall not affect the validity of the other provisions of the contract. Should this occur, the provision shall be replaced by another legally permissible provision in accordance with its sense and purpose, which corresponds to the sense and purpose of the invalid provision.
