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Terms of Service

The following terms and conditions govern all use of the www.whentobewhere.com website (the “Website”) and all content, services and products available at or through the Website. The Website is owned and operated by brainmelt GmbH. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by brainmelt GmbH (collectively, the “Agreement”).

The Website is an online service which offers users the possibility to search for travel destinations (‘places’) which are worth visiting at certain times. Times can either be a season, month(s), day(s) or the time of a day. After registering, users can also create such places in order to share their information and experience with other users. To create a place the user must provide information like location, place, time and upload photos for the respective place. Additionally users can comment places and contact other users.

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by brainmelt GmbH, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 14 years old.

1. Your whentobewhere.com Account and Site. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must immediately notify brainmelt GmbH of any unauthorized uses of your account or any other breaches of security. brainmelt GmbH will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

2. Responsibility of Contributors. If you post material to the Website, send material or links to other users of the Website or otherwise make material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, photos, graphics, an audio file, or computer software. By making Content available or sending it to other Website users, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;

 

By submitting Content to brainmelt GmbH, you grant brainmelt GmbH a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content. If you delete Content, brainmelt GmbH will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, brainmelt GmbH has the right (though not the obligation) to, in brainmelt GmbH’s sole discretion (i) refuse or remove any content that, in brainmelt GmbH’s reasonable opinion, violates any brainmelt GmbH policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in brainmelt GmbH‘s sole discretion. brainmelt GmbH will have no obligation to provide a refund of any amounts previously paid.

3. Payments. Optional paid services might be available in the future for business partners. By purchasing such services you agree to pay brainmelt GmbH the fees indicated for that service. Fees are not refundable.

4. Responsibility of Website Visitors. brainmelt GmbH has not reviewed, and cannot review, all of the material, including computer software, posted to the Website or sent to users of the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, brainmelt GmbH does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. brainmelt GmbH disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

5. Intellectual Property. This Agreement does not transfer from brainmelt GmbH to you any brainmelt GmbH or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with brainmelt GmbH. brainmelt GmbH and all other trademarks, service marks, graphics and logos used in connection with whentobewhere.com or the Website are trademarks or registered trademarks of brainmelt GmbH or brainmelt GmbH’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any brainmelt GmbH or third-party trademarks.

6. Advertisements. brainmelt GmbH reserves the right to display advertisements on the Website.

7. Changes. brainmelt GmbH reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. brainmelt GmbH may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

8. Termination. brainmelt GmbH may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your whentobewhere.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

9. Disclaimer of Warranties. THE WEBSITE IS PROVIDED “AS IS”. BRAINMELT GMBH AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER BRAINMELT GMBH NOR ITS SUPPLIERS AND LICENSORS, MAKES ANY WARRANTY THAT THE WEBSITE WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE WEBSITE AT YOUR OWN DISCRETION AND RISK.

10. Limitation of Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL BRAINMELT GMBH, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS (“THE BRAINMELT GMBH PARTIES”) BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE WEBSITES OR SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE BRAINMELT GMBH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE BRAINMELT GMBH PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON THE WEBSITES OR SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO CONTENT POSTED ON THE WEBSITES OR SERVICES, FOR YOUR USE OF THE WEBSITES AND SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THE WEBSITES, IN CONNECTION WITH THE SERVICES OR OTHERWISE RELATING TO THE WEBSITES OR SERVICES.

11. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the brainmelt GmbH Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

12. Indemnification. You agree to indemnify and hold harmless brainmelt GmbH, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

13. Miscellaneous. This Agreement constitutes the entire agreement between brainmelt GmbH and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of brainmelt GmbH, or by the posting by brainmelt GmbH of a revised version. This Agreement, any access to or use of the Website will be governed by the laws of the Federal Republic of Germany. The place of jurisdiction is Frankfurt, Germany. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; brainmelt GmbH may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

These terms of service were originally adapted from the WordPress Terms of Service (from September 2013) and have been published under a Creative Commons Sharealike license (http://creativecommons.org/licenses/by-sa/3.0/). This means that you are welcome to copy and adapt the license for your own use, as long as you publish the policy under the same license terms.