General Terms and Conditions

In the following text, you find the general terms and conditions for services of the MapCase Media GmbH located in Eschborn (hereafter “MapCase”). We attach great importance to the protection of your personal data. Please read our data privacy statement (Link einfügen), which is a component of the following GTCs.

§1 Nature and scope of the MapCase services, validity of the general terms and conditions

(1)

MapCase provides several mobile services in form of mobile apps (MAPtoSNOW, MAPtoBIKE, MAPtoHIKE), which are currently free of charge and can be accessed by the users from their mobile devices. The users can track their athletic activities with the use of the GPS tracker (“tracker”). The recorded data comprise particularly the duration, the start and end time, date, region, state, country, covered distance, vertical meters, top speed, average speed and the covered distance by means of single location based data. This data is saved locally on the mobile device and can be accessed by the user at anytime. No internet connection is required for the tracking, nor for the recording of the data.

(2)

Registered users have the possibility to synchronize their recorded data with the servers of MapCase. The process starts automatically, provided the user has an active data connection and the settings are activated. The synchronization allows the user to participate in contests and battles and to compare himself/herself with other users in the ranking, to show his/her own athletic activities and his/her current region to other users,  as well as to save the own data on the MapCase servers and to access the data via login on maptosports.com.

(3)

Through the recording of athletic activities by the tracker, MapCase awards the user, on making a certain achievement (e.g. 20 km) with an activity related Pin, also known as Badges. Besides the activity related Pins, user has the possibility to collect location based Pins. If the user visits a predefined geolocation during the GPS tracking, the location based Pin is awarded. An alternative for awarding a Pin is a scavenger hunt, in which, the user has to visit several locations (several predefined geolocations). After he has reached the last geolocation, the winner Pin is awarded. Optionally, the users can participate in contests to compare themselves with other users in the ranking. A contest can contain different objectives. (For instance, the user has to collect as many Pins and points in a predefined period). A special alternative is the User Battle, which is a way for the user to create an own private contest. A combination of different game elements is the adventure. An adventure can consist of several missions: Win several Pins, participate in a contest, set a marker or invite friends to the apps.

Consecutively, the game elements of the MapCase services are declared combined as “Gamification”.

(4)

By using Pins,  cooperation & advertising partners of MapCase (e.g. traders from the sport or gastronomy sector) can provide discount vouchers or coupons for a purchase in the shop or online-shop. The coupon offer is only available for registered users and requires an active GPS detection of the mobile device, in some cases it needs internet connection. In case the user wants to post his/her achievement on Facebook or Twitter, they can do so by using the integrated Facebook or Twitter posting functionality (optionally automatically or manually).

(5)

MapCase hosts own contests as well as contests in cooperation with sponsors or cooperation & advertising partners. The particular conditions of participation in the contests are available in the apps under “Details” in “Contests”. In general, winners of MapCase contests are informed via email. If the winner is not responding 7 days after the notice was sent, Mapcase reserves the right to choose the next best user as the winner (based on the users’ points in the contest). Furthermore, it is possible that the winner is drawn in the raffle among all participants. How the prize winners will be choosen, is declared in the conditions of participation. MapCase reserves the right of possible changes of the conditions of participation at any time.

(6)

Furthermore, MapCase hosts own adventures as well as adventures in cooperation with sponsors or cooperation & advertising partners. The particular conditions of participation of the adventure are available in the apps under “Read more” in “Adventures”. In general, winners of MapCase adventures are informed via email. If the winner is not responding 7 days after the notice was sent, Mapcase reserves the right to choose the next best user as the winner (based on the users’ completed missions in the adventure). Furthermore, it is possible that the winner is drawn in the raffle among all participants. How the prize winners will be choosen, is declared in the conditions of participation. MapCase reserves the right of possible changes of the conditions of participation at any time.

(7)

Additionally to the tracker, a registered user has the possibility to send an instant feedback over the app. The user can add a location (geolocation), a photo and a text to the feedback. In case no internet connection is provided, the feedback will be saved locally on the smartphone and will be uploaded to the MapCase servers during synchronization. The valuation results, as well as the feedbacks can be forwarded to partners of MapCase anonymously.

(8)

MapCase allows the users to rate the recommendation (on a scale) for the destination. After finishing a tracking day, the user is asked voluntarily to make a review from 1 to 10. The recommendationof the user is the indicator for the incentive of future customers and supports the destination to create an unforgettable guest experience.

(9)

With the help of the mobile applications, the user can answer surveys of the destinations. The surveys have the goal to guarantee a steadily improvement of the service quality of the destination. MapCase engage oneself to maintain the data protection regulations in the processing of personal data.

(10)

The tracking of the achievements of the three mobile applications can be accessed by the user on the internet platform maptosports.com. To log in, the user can simply use the same login data (email and password) like in the apps and receives access to the tracking days, the download of the tracks, the overview of the participation of contests, the overview of the participation of the battles, the creation of a battle, as well as the changes of the personal settings (name, email, password and origin).

(11)

Apple Inc. is neither a sponsor of pins, scavenger hunts, prizes, adventures or contests; nor responsible for the offer and execution. MapCase and their cooperation & advertising partners are solely responsible for the sponsoring of pins/prizes and the execution of contests.

(7)

Every available MapCase service do not represent an offer in the legal sense, but merely advertising and product information of the cooperation & advertising partners of MapCase. If the user decides for the acquisition of products and services of one of the cooperation & advertising partner of MapCase and consequently an agreement is reached between the user and the cooperation/advertising partner, the agreement is only valid between the user and the cooperation/advertising partner. MapCase is not a co-contractor of any of these agreements. MapCase points out explicitly that for agreements with cooperation and advertising partners, the contract conditions and general terms and conditions (if available) of the partners are valid. MapCase has no influence on the general term and conditions of the cooperation & advertising partners and does not represent them.

(8)

The cooperation & advertising partners of MapCase are exclusively responsible for the advertising  and product information. MapCase clarifies explicitly that within the scope of the MapCase services, only a pure technical transmission of the advertising/product information takes place. The transmission is not connected with a recommendation, guarantee, or other offers on product and services of the cooperation & advertising partners. The cooperation & advertising partner is responsible for correctness, timeliness and completeness of the advertising and product information and that the conditions of the promoted products/services are consistent with the given advertising and product information.

§ 2 Partners of the general terms and conditions

The user enters a contract about the usage of the services of MapCase with the MapCase Media GmbH, Niederurseler Allee 8-10, 65760 Eschborn, Germany.

§ 3 Free use of the services of MapCase

MapCase currently provides the user with the services without any fees/charges.

§ 4 Conclusion of the license agreement

(1)

With the use of MapCase services and the gained information by MapCase, the user accepts the general terms and conditions.

(2)

For the data retention of the user activity, for the redemption of the coupons and for the participation in contests, a registration is required. The following login data has to be specified (consecutively described as “mandatory data”):

  • First Name
  • Last name
  • Private email
  • A freely selected password from the user (at least 5 letters)
  • County of origin
  • Declaration by the user, whether he wants to receive information (e.g. in form of a newsletter) which are customized to his personal preferences
  • every user can be registered only once per service
  • A legal claim on the registration as a user of the services of MapCase does not exist. MapCase reserves the right to reject a requested registration without giving reasons
  • Through the successful completion of the first-time registration process, the user submits an offer to the conclusion of the contract about the use of the services of MapCase. MapCase accepts the offer by activating the user for the services of MapCase
  • If the registration process was not finished successfully, MapCase has the right to delete the incomplete account including every information the user has provided so far
  • Alternatively to the items above under note 2, a login via Facebook is possible, if the user already has a Facebook account
  • Also a trial of the MapCase services without a registration - without the input of login data - is possible.

§ 5 Obligations of the user

(1)

The user obligates himself to use the deliverables of the MapCase services exclusively for private purposes. It is forbidden to integrate/user services of MapCase completely or in parts to other offers - irrespective of whether the offers are private or commercial - or to use the services of MapCase commercially for own purposes or purposes of third parties, without a written approval from MapCase.

(2)

The user commits himself to avoid the misuse of the Mapcase services, particularly in matters like the simulation of sport activities and attempted cheating to collect pins and points in the contests.

Furthermore, the user commits himself to avoid the circumvention of the security arrangements of MapCase services and/or to use facilities or applications, which can cause any damage to services and/or can lead to a malfunction of the service.

(3)

Prizes, which the user can win through the gathering of pins as well as through the participation on contests (voucher, coupons, discount campaigns, material prizes, etc.), are only allowed to be used for private purposes. Any kind of commercial resale of the prizes without prior agreement of MapCase and/or the cooperation and advertising partners is strictly forbidden. Particularly, it is prohibited to offer the prizes for sale by oneself or by a third party commercially on internet auctioneers or on other internet platforms.

(4)

The user obligates himself that he remains thoughtful of his environment and fellow sports persons, while he uses MapCase-services. The MapCase-services are for fun in sports and for a fair sportive contest. The mobile services should not be used during the ride on the slopes, the streets or the trails. The tracking-function is designed to be started with only one keystroke to the smartphone. Hence, it need not, and must not be used during the ride. MapCase points to the fact, that lack of attention of the rider and/or a risky manner of riding can lead to serious accidents and to the damage of property. The user has the full risk and the complete responsibility of his actions,  during the use of MapCase-services.

(5)

The user commits that he/she won’t publish or forward any contents (e.g. text, photos, videos, graphics) which are illegal, racist, pornographic, injurious or which infringe the right of third persons, mainly intellectual property rights (as the case may be copyrighted rights to use) and/or other property rights of third persons. The user is in charge of the full extent of all the content he publishes and shares by the services of MapCase.

(6)

If the user is informed of or gets to know in any way, that the content he published in services of MapCase is in breach of the law, he has to delete this content immediately from the services of MapCase. MapCase is not responsible for users’ illegal published content.

§ 6 Acquisition, storage and use of data

The data privacy statement of MapCase, on which the user is explicitly informed of, defines in detail, which data are collected and/or saved. The user, who wants to make use of the services in knowledge of the data privacy statement, accepts explicitly the content of the data privacy statement by his registration (or rather the download of the app). The data privacy statement can be found here and is also available for download:

Link einfügen

§ 7 Rights of MapCase

(1)

MapCase has the right to ban a user and if necessary also remove the content he used or which was addressed to him, at a breach of this General Terms and Conditions or a reasonable suspicion of a breach by a user. MapCase will warn the user with a fair deadline before elimination, unless the breach is such grave, that a continuation of the using the services is not acceptable to MapCase.

(2)

MapCase reserves the right to admit barred users to for registration and use - also by a technical filter.

(3)

MapCase has the right to stop offering the services at any time; the user has no right to a temporally unlimited use of MapCase-Services.

§ 8 Deletion of the user profile

The user can delete his user profile inside MapCase services at any time. This leads to a irrecoverable deletion of the user profile and all connected data, like received badges, rankings in contests, photos, videos, text, comments and shares. The deletion can occur directly inside MapCase services under “settings” or (as text) in an email. The request for deletion is to be sent to support@mapcase.de.

§ 9 Liability of MapCase

(1)

The use of MapCase-Services depends on certain conditions, mainly the availability of GPS of the users mobile phone and - in certain cases - the availability of a connection to the internet plus Google Maps and Apple Maps (map-view), OpenSlopeMap (additional map data) and Facebook (login and posting). MapCase will not provide warranty and/or assume liability for these. MapCase also will not provide warranty and/or assume liability for correctness, timeliness and completeness of the information about commercial and products of the co-operation & commercial partners, as well as kind, range, and quality of the products and/or services provided co-operation and commercial partners.

(2)

MapCase vouches boundless for all violations, which are caused by purpose or gross fault of MapCase, one of it’s legal agents or assistants, and for all violations of lives, bodies and health. This applies to contractual and non-contractual (tortious) rights. The same things are valid in case of a liability for a guarantee or an assurance, which has to be existent written. The liability is defined on such violations which can be anticipated in the emergence of the contractual relationship, when simply an easy assistant of MapCase accuses gross negligence.

(3)

The liability is confined in case of foreseeable violation which are typical for the contract, in a simple negligent violation of a main liability or a secondary obligation, whose violation endangers the attainment of the contract use and whose completion enables the correct execution of the contract and on whose abidance the user trusted in (in the following “essential secondary obligation”). MapCase will not vouch in a negligent violation of contractual secondary obligation, which are no essential secondary obligations. A change of the burden of proof in a disadvantage for the user is not connected here. Every further liability is barred.

(4)

The pre-named liability limitations do not count for demands on the Product Liability act. This also counts for the personal liability of the legal agents, executive staff and other assistants of MapCase, if the liability is barred or limited.

§ 10 Changes of the range of activities of MapCase

MapCase reserves the right to make content, graphics and/or functional changes, to broaden, to limit or pause the services offered by MapCase.

§ 11 Temporal availability

The user acknowledges that MapCase cannot guarantee a temporal indefinite availability of their own website, or the single services (mainly GPS-signal and reloading of data by the connection of the users mobile phone) and the services from third parties. The user has no right to such a permanent availability. In particular MapCase reserves the right to confine or pause their services because of upkeeping, safety or capacity.

§ 12 Community-aspects, GPS-tracks, user datas, displacement of content

(1)

The procured services by MapCase are winning attractivity, level of detail and individuality at a progressive rate in a way, the user is up to use the gamification in an extensive way and information available in terms of text, comments, photos, videos, graphics, likes and GPS-tracks. This content will be named “user data” in the following. The user data referred to the profile of a registered user will be named “personal user data” in the following.

(2)

If the user registers himself for the services of MapCase, accepts the Data Privacy Statement and his recorded data are synchronised, he also accepts that this data are analysed, processed and saved by the system of MapCase.

a) The pre-named user datas under number 12.1 may be analysed for example to warrant a consistent improvement of the app, to get a growing understanding about the rate of interaction in the community and to check the information content of the data prepared by MapCase for other users. If this happens, the user data will be analysed, processed and saved in the system of MapCase in anonymised form, irrespective of the user’s person.

b) The pre-named personal user data under number 12.1 can also be analysed, to give individual information about gamification and the belonging user statistics to the users. The user has the chance to delete the personal user data at any time.

(3)

The pre-named personal user data of the particular user, are not accessible or visible for visitors of MapCase services or for registered users of the services of MapCase.

(4)

The user himself can remove -- delete irreversibly -- all content (e.g. badges, GPD-data, photos), that was published by the user in the services of MapCase and had been made accessible to other users in connection with his personal profile, at all times.

§ 13 Request and changes of personal data by the user

The user has the possibility to request his personal data which are saved in the system of MapCase, in MapCase services in the category “Your profile”. The user can call up the login details and profile data in the settings under “Your account”. The user can delete all of his personal datas under “your account”, if he/she wishes to.

§ 14 Concession of right on content published by the user

If the user publishes content (e.g. in form of badges, text, GPS-tracks, photos, videos and graphics) through the services of MapCase and makes this content accessible to other users, the user gives MapCase the exclusive and unlimited right, to publish and share this content, released by himself, in all the medias which are used and technical connected (mainly internet and smartphones) with MapCase. Also the right of MapCase, to edit and to make all the technical necessary changes on content published by the user is included in the named concession of right.

§ 15 Content of users and third persons

(1)

MapCase will not warrant for the content, which are shared by users to the services of MapCase or which are forwarded by them and which are publicly available or callable for other users over the web pages of MapCase or third persons including the connected terminals (especially mobile phones). MapCase particularly does not guarantee, that the content provided by users for use of other users is correct or complete.

(2)

The user assures, that he is the owner of all the needed rights of the contents he shared in the services of MapCase. Accordingly he releases MapCase of requirements which third parties (including national institutions) enforce against MapCase, because the contents are illegal particularly trademark rights (e.g. copyrighted material or rights on the pictures) which infringe third parties who assert a claim. This commitment indemnification clause of the user also includes the costs which may develop in case of a legal defense to the limit of the valid legal dues at a time.

(3)

MapCase shares content from third parties with users, like industry inputs, pictures and related which are provided by third persons. With this, the user has access to more content of third parties which are accessed to MapCase. MapCase does not warrant for the correctness or the completeness of the information given by third parties. The use of the content from third parties may possibly be subjected to additional business conditions.

§ 17 Privacy Protection, use of datas in certain cases

(1)

MapCase uses the data of the user in the electronic way only for goals, which arise out of the contract about the use of MapCase services, assured by the user. MapCase uses this data - without explicit agreement by the user - not for commercial announcements, but to give other information to the user which are specific to his personal interests. MapCase sends information in form of a newsletter only if the user has registered for this separately.

(2)

With the agreement in these General Terms and Conditions, the user also declares his approval, that MapCase uses, saves and gives the personal data of the user and/or the contents which were uploaded the services of MapCase (text, photos, videos, graphics) to law enforcement agency and/or to third parties, whose rights are infringed, in case that MapCase has real indications for such an abuse on the part of the user and/or the call up of illegal contents by the user,  for the keeping of the predominant interest in the clearing of a possible abuse of the platform or rather the system of MapCase, or for a law-suit beyond the date of the end of the contract.

(3)

The user can cancel the agreement with MapCase in the conversion of personal data anytime with effect to the future. The user has to communicate his declaration of recall to MapCase by mail to the business address (MapCase Media GmbH, Niederurseler Allee 8-10, 65760 Eschborn) or by email to support@mapcase.de.

§ 20 Changes of the General Terms and Conditions, final clause

(1)

MapCase can make changes to the General Terms and Conditions, if it is necessary and for the user not unacceptable for the user, for example due to a gap in the contract or because of changed conditions (for example ineffectiveness of arrangements because of changes in the law or the jurisdiction). MapCase will communicate these changes to the user electronically (normally in from of an amended version of the General Terms and Conditions). The user is simultaneously notified, that the changed General Terms and Conditions will be object of the contract between the parties, if the user does not disagree to the changes during the period one month after the notification of the changes. The changes are valid as accepted, if the user does not disagree.

(2)

Exclusively the law of the Federal Republic of Germany counts for these General Terms and Conditions with elimination of the determinations of the United Nations Convention on Contracts for the INternational Sale of Goods.

(3)

If some of the points of this General Terms and Conditions should become ineffective, the rest of the General Terms and Conditions will stay intact. In this case, the parties covenant to replace the ineffective General Terms and Conditions with an effective one, which comes closest to the economic function of the ineffective one.

Date: 11.02.2016