Terms & Conditions of uebermaps by GeoCha UG & Co. KG

The service is provided by UEBERMAPS GeoCha UG (limited liability) & Co.KG
Zeitblomstraße 31/2
89073 Ulm

UEBERMAPS provides users of the portal www.uebermaps.com the opportunity to participate in community functions, especially for participation in various communicative and personalized content and exchange of location and time related information as well as interactive communication. UEBERMAPS offers registered users of the portal the opportunity to create and share their own digital maps. The owner can decide whether his map is public or private visible (only for invited users).

You are entitled to use UEBERMAPS based on these terms and conditions and you agree to use the following terms and conditions as amended from time.

We have the right to modify these terms at any time.

We will notify users in advance by email about a change. The prerequisite is that the user entered an email address. The amendment shall be deemed approved if you do not object within one month of the change announcement. In case of conflict, we are entitled to block access.

1. Definitions
1.1
UEBERMAPS is a platform through which the users can exchange and publish location and time related information.

MAPS are the focal point of UEBERMAPS. You can create your own map on any topic. It represents the summary of all your spots and Events for that topic.

SPOTS are fixed locations on a map, which will be indicated by a marker.

EVENTS are events worth to be announced on a map that have a time limit and thus are visible only for a specific time on the map.

1.2
Maps, spots and events can be created by registered users and include images, text, videos and other files.They are equipped with a communication tool.

1.3.
Registered users can create public and private maps.

1.4.
The owner of a map can assign rights to use the map and its spots and events according to the following steps:
a.) Visibility Levels

  • Public: The map and its contents are visible to all users.
  • Private: The map and its contents are visible only to users invited by the owner or an admin of the map.
  • Link: The map and its contents are only visible for users invited by the owner and all the users who have a special link.

b.) Permission levels for any content on a map (except comments and other media, such as images):
  • Read only
  • Add Spots and Events: Registered users may participate in the map and can create spots and Events
  • Propose spots and events: Registered users can participate in the map and can propose new spots and events to the owner, which can confirm or reject these.

c.) Permission levels for comments and other media content (such as images) on a map and their spots and events:
  • All: Registered users can add comments and images or other media on the map, and their spots and events.
  • Only Administrators: Only the administrators and the owner of the map can add comments and images or other media on the map, spots or events.

2. Access and use authorization
2.1
Each user of UEBERMAPS is entitled under the condition of compliance with these terms, to use all functions of UEBERMAPS.

2.2.
The user is only justified to use and participate in a map of UEBERMAPS if he has a registration indicating his personal information (e-mail address and username) or by using an external service (Facebook, Twitter, Xing) at http:// uebermaps.com to register and by accepting the specific use conditions and obligations of UEBERMAPS. This is also a prerequisite for the use of spots and events, in which users can generate and publish their own content.

UEBERMAPS prohibited and persecuted any false and / or misleading registration, especially when false personal information is used and / or for creating an account for third parties without their permission. The services of UEBERMAPS can be used by minors, if appropriate consent of the parent or guardian.

2.3.
By registering, you are entitled until revocation or termination, to use the services of UEBERMAPS.

3. Granting of rights and obligations of content / Copyright
3.1
As a user of UEBERMAPS you agree that other authorized users of UEBERMAPS can use and exploit the data generated and added by you for the specific access levels. The owner or an admin of the map you added content to, can edit the access level at all times without further notice. In particular you agree by the use of UEBERMAPS at all in the context of UEBERMAPS published and generated data and workpieces to all authorized users of UEBERMAPS a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right to use such content. This license ends in deletion of your user account.

3.2
As a user of UEBERMAPS you are solely responsible for the generated and published content you added and you have to make sure that it is not illegal or immoral content. It is prohibited to you in particular the add of racist, pornographic, inhumane, abusive, instructional to crime and offending public decency contributions content.
It is also prohibited to post content that violate the data security, such as Viruses, worms, trojans etc.

3.3.
As a user of UEBERMAPS you agree to respect the rights and property rights of other authorized users of UEBERMAPS.

4. Code of Conduct
As a user of UEBERMAPS you agree not to use UEBERMAPS to:

  • upload content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive, or any kind of infringing the privacy of another user, or racially, ethnically or similarly durable.
  • hurt minorities in any form
  • represent individuals or entities of any other natural or legal person, being an GeoCha UG (limited liability) & Co.KG, UEBERMAPS, Administrator, Moderator, Navigator or any other legal person or against the existing facts a personal relationship with a person or entity to abuse.
  • invent headlines or otherwise manipulative identifications to change the origin of any content that was transmitted through the Service.
  • upload a content, disseminate or disclose to its disclosure you are not allowed and its dissemination to the existing laws provisions (insider information, ownership, confidential information from existing employment agreements or voluntarily).
  • upload or distribute content that infringe patent rights, trade marks, copyright or other proprietary rights.
  • upload, or distribute material that serves unapproved advertising, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of offers.
  • upload, or to spread a virus or software codes, folders or programs that are designed to interrupt programs, to destroy or impair the functionality of any computer or telecommunications equipment.
  • disrupt the normal flow of conversation or to make a normal conversation flow impossible by constantly repeating a conversation or not to hinder other users to participate in discussions.
  • spy on or destroy the service or servers or networks connected to interfere with the servers.
  • violate intentionally or unintentionally any applicable law. This is also valid but not limited to provisions that have been published to expand the security.
  • stalk or harass others in any form.
  • collect personal data of other users.

5. Breach of the Terms of Use and Legal Consequences
5.1
You agree not to use the access to UEBERMAPS abusive, especially not abusive within the meaning of Section 4 and not to violate these rules of conduct, terms of use and laws. In particular, you respect the rights of other users.

If we notice contents, against the in paragraph 5.1. i.V.m. Paragraph 4 offend regulated rules of conduct and / or a breach of this and / or these Terms of Use, we reserve the right to delete published content, to terminate your user account or exclude the user from further use of our services, in whole or in part.

5.2
If you breach these Terms of Use Rights, you are obliged to replace the incurred expenses and our exemption from damages and reimbursement of expenses claims by third parties, which were caused by the breach in some manner.

Notwithstanding any other legal or contractual rights, UEBERMAPS may, at its discretion and with due regard to the legitimate interests of each user take the following measures if there exist factual indications that a user violates statutory provisions, the rights of third parties, these Terms of Use or the applicable supplementary conditions culpably:

  • Change, block, anonymize or delete content,
  • warning to the user,
  • publication of the misconduct in the respective MAP, making note of the user name,
  • temporary or permanent blocking of a user for any or all pages and content of UEBERMAPS websites
  • exclusion of a user,
  • issuing a temporary or permanent virtual ban from the house in the cases of a violation of section 4, or
  • immediate termination of the Membership Agreement or the right of use.

5.3.
If a user has been blocked or excluded, he may not login again without prior consent of UEBERMAPS.
A claim for removal of a block, an exclusion, a virtual ban from the house or any other measure.

6. Liability
6.1
We are liable according to the legal provisions, provided that the user asserts claims based on intent or gross negligence, including intent or negligence of representatives or agents based on our part.

6.2
The user generated content are not subject to supervisory duty on our part. We therefore accept no responsibility or liability for the topicality, correctness, completeness, reliability, authenticity and non-infringement of third parties, viruses, or suitability of such content and / or other activities of users. Particular, we assume no liability for the loss or negligent storage of passwords or access rights of users. The user shall free UEBERMAPS from claims for damages or claims of third parties when UEBERMAPS is not responsible.

6.3
The liability for culpable injury to life, body or health remains unaffected; this also applies to liability under product liability law and claims for damages arising from the assumption of a guarantee.

6.4
Unless previously agreed otherwise, the liability is NOT on our part.