1. Your relationship with Snoovel
1.1 Your use of the Snoovel website (the "Website") and any services, including the Snoovel embeddable MySnoovel-Link (the "MySnoovel-Link") provided to you on or from the Website by Snoovel (following called the "Services") is subject to the terms of a legal agreement between you and Snoovel AG. Möhnestraße 11-17, D-59755 Arnsberg, Germany.
1.2 Your legal agreement with Snoovel is made up of (A) the terms and conditions set out in this document and (B) Snoovel's Privacy Policy (http://www.snoovel.de/index.php?id=67&L=1) (together called the "Terms").
1.3 The Terms form a legally binding agreement between you and Snoovel in relation to your use of the Services. It is important that you take the time to read them carefully.
1.4 The Terms apply to all users of the Website, including users who are also contributors of images,music, video content, information, and other materials or services to Snoovel.
2. Accepting the Terms
2.1 In order to use the Services, you must firstly agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by simply using the Services. You understand and agree that Snoovel will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Snoovel, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Services under the laws of the country in which you are resident or from which you access or use the Services.
2.4 You should print off or save a local copy of the Terms for your records.
3. Language of the Terms
3.1 Where Snoovel provides you with a translation of the English language version of the Terms, then the translation is provided for your convenience only and you agree that the German language versions of the Terms will govern your relationship with Snoovel.
3.2 If there is any contradiction between what the German language version of the Terms says and what a translation says, then the German language version shall take precedence.
4. Changes to the Terms
4.1 Snoovel may make changes to the Terms from time to time. When these changes are made, Snoovel will make a new copy of the Terms available at http://www.snoovel.de/index.php?id=66&L=1.
4.2 You understand and agree that if you use the Services after the date on which the Terms have changed, Snoovel will treat your use as acceptance of the updated Terms.
4.3 You should check the Terms regularly for changes.
5. Snoovel accounts
5.1 In order to access some features of the Website or other Services, you will have to create a Snoovel account. When creating your account, you must provide accurate and complete information. It is important that you must keep your Snoovel account password secure and confidential.
5.2 You must notify Snoovel immediately of any breach of security or unauthorised use of your Snoovel account that you become aware of.
5.3 You agree that you will be solely responsible (to Snoovel, and to others) for all activities that occur under your Snoovel account.
6. General restrictions on use
6.1 Snoovel hereby grants you permission to access and use the Website and the Services, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your pa
6.2 You agree that you will comply with all of the other provisions of the Terms at all times during your use of the Services.
6.3 Snoovel grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Snoovel reserves the right to revoke these exceptions either generally or in specific cases.
6.4 Snoovel is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Snoovel provides may change from time to time without prior notice to you.
6.5 As part of this continuing innovation, you acknowledge and agree that Snoovel may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Snoovel's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Snoovel when you stop using the Services.
6.6 You agree that you are solely responsible for (and that Snoovel has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Snoovel may suffer) of any such breach.
7. Copyright policy
7.1 Snoovel operates a clear copyright policy in relation to any User Submissions which are alleged to infringe the copyright of a third party. Details of that policy can be found here http://www.snoovel.de/index.php?id=67&L=1
7.2 As part of Snoovel's copyright policy, Snoovel will terminate user access to the Website if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.
8. Your User Submissions
8.1 As a Snoovel account holder you may submit GPX tracks, images, videos and textual content (collectively referred to as "User Submissions"). You understand that whether or not such User Submissions are published, Snoovel does not guarantee any confidentiality with respect to any User Submissions.
8.2 You retain all of your ownership rights in your User Submissions, but you are required to grant limited licence rights to Snoovel and other Website users. These are described in paragraph 10 of these Terms (Rights you licence).
8.3 You understand and agree that you are solely responsible for your own User Submissions and the consequences of posting or publishing them. Snoovel does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Snoovel expressly disclaims any and all liability in connection with User Submissions.
8.4 You represent and warrant that you have (and will continue to have during your use of the Services) all necessary licenses, rights, consents, and permissions which are required to enable Snoovel to use your User Submissions for the purposes of the provision of the Services by Snoovel, and otherwise to use your User Submissions in the manner contemplated by the Website and these Terms.
9. Content of your User Submissions
9.1 You agree that you will not post or upload any User Submissions which contain content which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for Snoovel to use or possess in connection with the provision of the Services.
9.2 You agree that you will not upload or post any User Submissions that are subject to any third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner to post the material in question and to grant Snoovel the licence referred to in paragraph 10.1 below.
9.3 Snoovel reserves the right (but shall have no obligation) to decide whether User Submissions comply with the content requirements set out in these Terms and may remove such User Submissions and/or terminate a User's access for uploading any User Submission which is in violation of these Terms at any time, without prior notice and at its sole discretion.
9.4 You further understand and acknowledge that in using the Website and the Services, you may be exposed to User Submissions that are factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Snoovel with respect to any such User Submissions.
10. Rights you licence
10.1 When you upload or post a User Submission to Snoovel, you grant:
10.2 The above licenses granted by you in User Submissions terminate when you remove or delete your User Submissions from the Website. The above licenses granted by you in User Comments are perpetual and irrevocable, but are otherwise without prejudice to your ownerships rights, which are retained by you as set out in paragraph 8.2 above.
11. Snoovel content on the Website
11.1 With the exception of User Submissions, all other content on the Website including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos and interactive features on the Website (the "Snoovel Content") is either owned by or licensed to Snoovel, and is subject to copyright, trade mark rights, and other intellectual property rights of Snoovel or Snoovel's licensors. Any third party trade or service marks present on the Snoovel Content are trade or service marks of their respective owners.
11.2 Snoovel Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Snoovel, or Snoovel's licensors. Snoovel reserves all rights not expressly granted in and to the Snoovel Content.
12. Links from Snoovel
12.1 The Services may include hyperlinks to other web sites that are not owned or controlled by Snoovel. Snoovel has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
12.2 You acknowledge and agree that Snoovel is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
12.3 You acknowledge and agree that Snoovel is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
12.4 Snoovel encourages you to be aware when you leave the Snoovel website and to read the terms and conditions and privacy policy of each other website that you visit.
13. Ending your relationship with Snoovel
13.1 The Terms will continue to apply until terminated by either you or Snoovel as set out below.
13.2 If you want to terminate your legal agreement with Snoovel, you may do so by (a) notifying Snoovel at any time or (b) closing your Snoovel account. Your notice should be sent, in writing, to Snoovel's address which is set out at the beginning of these Terms.
13.3 Snoovel may at any time, terminate its legal agreement with you if:
13.4 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Snoovel have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 16.6 shall continue to apply to such rights, obligations and liabilities indefinitely.
14. Exclusion of Warranties
14.1 Nothing in the Terms shall affect any statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
14.2 The Services are provided "as is" and Snoovel makes no warranty or representation to you with respect to them.
14.3 In particular Snoovel does not represent or warrant to you that:
14.4 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Services except to the extent that they are expressly set out in the Terms.
15. Limitation of Liability
15.1 Nothing in these Terms shall exclude or limit Snoovel's liability for losses which may not be lawfully excluded or limited by applicable law.
15.2 Subject to the overall provision in paragraph 15.1 above Snoovel shall not be liable to you for:
15.3 The limitations on Snoovel's liability to you in paragraph 15.2 above shall apply whether or not Snoovel has been advised of or should have been aware of the possibility of any such losses arising.
16. General legal terms
16.1 The Terms constitute the whole legal agreement between you and Snoovel and govern your use of the Services and completely replace any prior agreements between you and Snoovel in relation to the Services.
16.2 You agree that Snoovel may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Snoovel website.
16.3 You agree that if Snoovel does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Snoovel has the benefit of under any applicable law), this will not be taken to be a formal waiver of Snoovel's rights and that those rights or remedies will still be available to Snoovel.
16.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
16.5 You acknowledge and agree that each member of the group of companies of which Snoovel is a part shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be a third party beneficiary of the Terms.
16.6 The Terms, and your relationship with Snoovel under the Terms, shall be governed by German law. You and Snoovel agree to submit to the exclusive jurisdiction of the courts of Germany to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Snoovel shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.
