1.1. By its the "SummitLynx" smartphone app and on the website https://www.summitlynx.com (together hereinafter referred to as "SummitLynx") SummitLynx GmbH (FN 384313t), Silberbergweg 237, 8971 Schladming, provides the option of using services and information and of free-of-charge registration for the same.
3. Description of the Service
3.1. SummitLynx is an electronic mountain & hiking log, that can be made available via the SummitLynx platform or other social networks to other Users of the Service. SummitLynx gives the possibility to connect people interested in mountain sports and to exchange information within the Service.
3.2. With registration the User has the possibility to publish a profile site with personal data, especially name, location data, photos as well as personal opinions that will be made available to other Users.
3.3. The User also has the possibility to get in contact with other Users, to see the details of the profile site of other Users. published data and information of the user also made available to other users. Accessing other users' content principally requires sending a friend request, which the other user has to accept.
3.4. SummitLynx is actually provided without any fees. However, SummitLynx reserves the right to restrict, terminate, or modificate the Service or to provide the Service only upon the payment of a Service fee.
3.5. SummitLynx does not provide any specific content itself. The Services (applications) contained in the online range of services are intended to give users the opportunity to generate their own content and share it with other users once it has been activated. SummitLynx does not identify itself with the contents of its users or with the contents of the links to information offers of third parties provided by SummitLynx.
4. Special Conditions for Use
4.1. The use of SummitLynx is only possible for own private purposes.
4.2. Users are responsible for ensuring that the information they enter on SummitLynx regarding specific places ("Locations") or entries in the hiking journal, which can be viewed by others, is accurate and complete. Inaccurate information may result in other users making decisions unfavourable for them when planning a tour. In this context it is important to note that contents generated by users do no claim to be accurate and complete, which means that each user’s tour planning is essentially their own responsibility. If SummitLynx gains knowledge of inaccurate/incomplete entries, they can be deleted or marked with a warning notice.
4.3. Particularly when creating (new) locations by the user, it is essential to ensure that the information entered is correct before publishing.
4.4. Users transfer to SummitLynx the free-of-charge right of use and exploitation of all (released) texts and contents provided in connection with the creation of Locations, which right shall be unlimited in terms of time and territory.
5. Registration and Access Security
5.1. By creating a free-of-charge profile, users are entitled to choose a username that is not equal to their actual name. The username will be used publicly on the profile page as well as in all messages of the user. The username must be selected in such a way that no confusion with other persons can occur, no rights/interests of third parties will be infringed and that there is no violation of statutory provisions. In the case of a violation of these provisions SummitLynx will be entitled to remove the username or to ask the user to choose a different username.
5.2. In the case that SummitLynx is required by statutory provisions to identify a user, users must disclose their real name and valid address upon request and after having been informed about the legal basis.
5.3. To prevent misuse the password chosen by a user must be kept secret and may not be disclosed to third parties; in particular, granting third parties access to one's own account is not permitted. Transfer of the account to third parties is not permitted either.
6. Provision and Exchange of Content
6.1. In the context of the Service users may provide data, information or other content, including but not limited to photos and videos (hereinafter also referred to as "the Content"). Users grant SummitLynx a non-exclusive, transferable, sublicensable, royalty-free, worldwide licence to use and distribute all Content, in particular the photos and videos provided, to which intellectual property rights can be established, immediately upon provision of the Content on SummitLynx, which licence will end only upon removal of the Content or deletion of the account by the providing user.
6.2. The User guarantees that the content is not illegal or immoral and that the User is the exclusive owner oft he content and that the provision of this content to SummitLynx does not cause any infringement of third party rights, especially copyrights. The User is obliged to inform SummitLynx without any delay in case a third party is claiming the use of content and will hold SummitLynx completely harmless.
6.3. The User shall always observe the applicable provisions of data protection when providing content within the Service.
6.4. SummitLynx is entitled to delete the content provided for by the User without giving any reason.
6.5. In case of an infringment of the duties of this Sec. 5, SummitLynx is entitled to close the account of the User without prior notice.
7. Forbidden Activities with respect to the Use of the Service
7.1. The User shall when publishing content always consider the purpose of the Service. The provision of the following content and the below described activities are not in line with the Service aim and are therefore strictly forbidden:
7.1.1. Access to and collection of content in order to collect data and content of other Users for any purpose;
7.1.2. Upload of viruses and other content that may manipulate or deactivate the content of other Users or the functions of the Service;
7.1.3. Collection of access data and/or access to third party accounts;
7.1.4. Provision of content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another´s privacy, hateful, or racially, ethnically or otherwise objectionable;
7.1.5. Activities that interfere with the functions oft he Service, that disturb the Service as any form or attempt of a denial-of-service attack;
7.1.6. Infringements of label rights of SummitLynx or of cooperation partners and commercial clients of SummitLynx;
8. Warranties and Liabilities
8.1. Precondition for any use of the Service is an internet access of the User. SummitLynx does not take any guarantee for an uninterrupted access to the Service or for legitimacy of the content provided for by Users and other third parties. Especially SummitLynx is not liable for any technical interruptions, disconnection, failure of data transmission and other problems in this respect; there is no guarantee for availability of the Service.
8.2. The User accepts that the Service can be interrupted due to service works. In this context the exclusion of liability of SummitLynx agreed in the above paragraph shall apply mutatis mutandis.
8.3. Users shall have no right to storage of data or Content provided by them by SummitLynx. SummitLynx shall not be liable for any loss of data or Content stored.
8.4. SummitLynx is not liable for any content provided for by the Users. References to third party content (e.g. via links) or the promotion of services of third parties do not lead to any identification of SummitLynx with this content. SummitLynx also does not control any content provided for by the Users or third parties and can therefore not be liable for any third content.
8.5. In connection with the hiking maps provided for use, SummitLynx points out that it has no direct influence on their Content and is therefore not liable for the accuracy and completeness nor for the permanent availability of the hiking maps used in the Services.
9. Data protection and permission to use of personal data
9.2. Every User holds his/her own profile site, where other Users can be accepted as "friends" and that is accessible for those persons accepted as "friends". On the profile site various personal data, such as name, location data and time of location login (e.g. Hoher Dachstein, 01.01.2012, 00.00), friends, activities within the Service, are published.
9.3. The User explicitly agrees and gives SummitLynx his/her explicit consent that:
a) all data and content, including location data provided for by the User during registration of the user profile as well as thereafter can be stored, published and otherwise used by SummitLynx for purpose of the provision of the service,
b) any or all data with respect to the use of the Service, such as time of access, location of access, activities within the Service, can be stored and used for the provision and optimization of the Service as well as for purposes of marketing, market research and related purposes of SummitLynx as wells as of cooperation partners and advertising clients of SummitLynx;
c) all data and content provided for by the User during registration of the user profile as well as thereafter, including contact data, such as the e-mail address, may be used by SummitLynx for the purpose of sending e-mails with information on the Service, even if the massage contains commercials for SummitLynx or cooperation partners and advertising clients of SummitLynx. SummitLynx is also entitled to use the contact data outside of the purpose of the Service for marketing and commercial purposes of SummitLynx and of cooperation partners and advertising clients of SummitLynx.
9.4. SummitLynx will store and use anonymous data and information of the User that have been provided by the User or that have been generated during activities of the User, for the following purposes:
- statistic purposes and trend detection
- market research
- marketing and advertising
- demografic purposes
SummitLynx will transfer these data also to third parties, especially to cooperation partners and advertising clients and will use the data for optimization of advertising published within the Service. The User gives his/her explicit consent for the described use of the data.
9.5. SummitLynx is entitled to determine location data of the User and to publish these data within the Service. Location data are available to all Users (and not only to those that are friends of the relevant User.)
9.6. The User is entitled to withdraw the consents described in Sec. 9.3 b) and c) and Sec. 9.5 at any time per e-mail to firstname.lastname@example.org. In case of a withdrawal concerning the consents described in Sec. 9.3 a) the User´s account will be deleted.
9.7. In case of participation to a competition organized by SummitLynx or by a cooperation partner or advertising client of SummitLynx, the User gives his/her explicit consent that all data and content provided for within the competition may be used, especially published, by SummitLynx without any restriction in time and place. The User grants to SummitLynx with respect to all data and content provided for within a competition an unrestricted (in time and place) right to exploitation without the duty to pay any license fee. Furthermore, the name of the User winning a competition will be published; the User gives his/her consent to such publication.
10. Applicable Law and Disputes