Loca.li's Terms of Service
If you have any questions, please do not hesitate to contact us at firstname.lastname@example.org or by mail at Adler & Ludscheidt GbR, Erbacher Str. 2, 65197 Wiesbaden, Germany.
These are the Terms of Service of Loca.li - Adler & Ludscheidt GbR (subsequently Loca.li). These terms govern the contractual relationship between Loca.li and the natural and legal persons, which are members of this network and users of the respective services.
§ 1 Sphere of application
(1) These terms apply exclusively; Provisions differing from those indicated in our Terms of Service cannot be accepted.
(2) The sphere of application embraces the whole platform including any integrated or yet to be integrated realm of services.
(3) Loca.li reserves the right to alter or amend these terms at any time if this becomes necessary in order to maintain their validity and conformity with legal provisions due to a legislative amendment or crucial changes of jurisdiction or in order to embrace newly integrated functions due to an extension of the realm of services or technical circumstances of the service platform. Registered members will be informed in advance and will be offered the possibility to agree to the modification.
§ 2 Eligibility and Registration
(1) The Loca.li Community is intended for users of at least 13 years of age. By registering applicants assert and warrant that they are 13 or older and that they are capable of understanding, agreeing and complying to these Terms.
(2) Membership is subject to registration. Registration includes the truthful and accurate submission of all relevant registration information. The registration information includes at least the username, password and a verified email address. In addition, we encourage members to add more information about themselves in order to create a full and distinctive profile.
(3) Loca.li may refuse to grant a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, at its sole discretion.
(4) Every user is entitled to only register once. Double accounts or fake accounts will be deleted without prior notice. The creation of such accounts amounts to an abuse in the sense of § 8 and will thus trigger the respective administrative response.
(5) Any commercial use is generally prohibited. Exceptions are possible and can be requested under email@example.com
§ 3 Membership
(1) Membership includes the right to use the services of Loca.li, which are open to all members. Membership also involves the duty to comply with these Terms of Service.
(2) There is no right to become a member of Loca.li. Loca.li reserves the right to admit members subject to availability and at its discretion.
(3) User can cancel their membership at any time.
(4) The membership is free of charge.
§ 4 Intellectual Property
(1) The framework content of the Loca.li platform is owned by or licensed to Loca.li.
Loca.li does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials which are posted by its members.
(2) Members agree to obey the applicable laws on intellectual property and not to circumvent or interfere with security related features of Loca.li that prevent or restrict the copying or further distribution of any content.
§ 5 Google Maps
A vast part of the service of the Loca.li platform is using Google Maps. Hence the respective Terms of Service of Google Maps are also applicable to the use of Loca.li.
For further information, see the Google Maps terms (http://code.google.com/apis/maps/terms.html).
§ 6 Submissions and User Content
(1) Members assume personal liability for their contributions. They acknowledge that Loca.li is not and cannot be held liable for user-generated content. Loca.li solely provides a venue for its members and does not monitor any contributions in advance. However, if Loca.li is notified of any infringement of rights Loca.li is entitled to monitor the respective content and to make use of its administrative power (as set out in § 8).
(2) By uploading any contents members agree to post it under the Creative Commons Attribution-Noncommercial-Share Alike 3.0 license (by-nc-sa 3.0: http://creativecommons.org/licenses/by-nc-sa/3.0/). In addition, members grant Loca.li the right to use, modify, display and publish their contributions in order to integrate them into the Loca.li platform. Loca.li will not alter the content of any contribution without prior notice to the creator unless the respective notice infringes the stipulations of these Terms of Service. The user is responsible for the enforcement of any claims arising out of the abuse of the Creative Commons license by a third party. Loca.li will not monitor the use of these contents by third parties.
(3) Members promise to obey the applicable laws when contributing data. They do refrain from publishing any content which may be regarded as assaulting, defaming, harassing, stalking, ethnically or racially objectionable or threatening. Loca.li reserves the right to erase such content at its discretion without further notice.
(4) Members assure and warrant that they are fully entitled to use and publish the content of their contributions. They agree not to submit material that is protected by copyrights of third parties without prior consent of the respective authors.
(5) Members are solely allowed to upload a certain amount of data per month. Excessive uploading might lead to a partial or full exclusion of the respective member from the Loca.li-platform.
(6) Any data upload must be initiated by the user. Machine-generated data is not permitted. Loca.li reserves the right to erase such content and to eliminate the respective accounts without prior notice.
(7) Members are solely responsible for their interaction with other members. Loca.li cannot be held responsible for any personal disputes between members. Loca.li will not monitor personal interactions unless notified to do so.
(8) Members are not allowed to use the Services of Loca.li for advertising or solicitation of any products or services. Loca.li reserves the right to erase such content and to eliminate the respective accounts without prior notice.
(9) Members are not allowed to use crawlers or to look for loopholes in security. If Loca.li becomes aware of such comportment it will make use of its administrative power as set out in § 8. The same applies in case of any manipulation of the internal rankings.
(10) The use of feeds or the API to reproduce the Loca.li platform is strictly prohibited. Loca.li reserves the right to initiate legal proceedings against anyone who infringes this provision.
(1) Members are responsible to keep their password secure. Loca.li will not hand over any information concerning the account of a member to a third party. Loca.li will not ask its members to disclose their username and/or password via telephone or any other communications channel. Members are not allowed to disclose their access data to a third party.
(2) Loca.li saves the personal data of members in order to set up their personal profile. Loca.li will never disclose personal information of its members to any third party unless instructed to do so.
§ 8 Administrative Power
(1) Loca.li reserves the right to exclude members and erase their data partially or in full without further notice in order to secure a lawful use of its services.
(2) Loca.li also reserves the right to partially or fully disable parts of the services or the full functionality of the community in order to implement updates or to secure a high level of functionality and security respectively.
§ 9 Indemnification
(1) Members agree to indemnify and hold Loca.li, and its respective officers and employees, harmless from any liability, claim, loss or demand, (including reasonable attorneys' fees) made by any third party due to or arising out of the use of the Loca.li services in violation of these Terms of Service.
§ 10 Governing Law, Venue and Jurisdiction
(1) By using the service of Loca.li members agree that German law will apply to govern these Terms of Service and the relationship between them and Loca.li without regard to the conflict of laws rules.
(2) Any disputes with Loca.li have to be settled in the District Courts of Wiesbaden. However, Loca.li is entitled to initiate proceedings in any appropriate court.
§ 11 Final provision
(1) Loca.li reserves the right to alter, modify, add or delete portions of these Terms of Service. Loca.li will notify its members in advance about any changes. Members will be offered the possibility to agree to these changes. Agreement to the Terms of Service in their current version represents a prerequisite for further use of all Loca.li services.
(2) Should any provision of these Terms of Service be or become ineffective, or should a gap emerge, the effectiveness of the remaining provisions shall not be affected. In place of the ineffective provisions or in order to fill the gap a reasonable provision shall be applied which comes as close as possible to the sense and purpose of Loca.li and these Standard Terms.