triplib. | AGB

Subtitle

Your personal travel log. Share your adventures with friends around the globe.

Terms of Use

Terms of use of the triplib. GmbH website at the Internet address www.triplib.com

§ 1 General

1. The following terms of use apply to all, even future, contracts, business relationships, and other services of triplib. GmbH (hereinafter: “triplib.”) and the users of its website (hereinafter: “User”). The version of the General Terms of Business valid at the time of registration of the user applies. triplib. is entitled to change these GTB in coordination with the customer if the change is acceptable to the customer, taking the interests of triplib. into account. The changes are considered accepted if the customer does not object within four weeks of notification of the changes. triplib. agrees to point out to the customer the consequences of failing to object when the notification of changes is made. If the customer objects within this period, triplib. is entitled to terminate the contract at the time the amended or supplemented business terms are to take effect.

2. By completing registration, the user states his acceptance of the terms of use. To do this, he clicks on the respective button after reading the terms to conclude registration.

3. Any divergent regulations and conditions of the user are rejected. No other conditions are part of the contract, even if they are not expressly rejected by triplib.

4. The terms of use between triplib. and the user are subject to the law of the Federal Republic of Germany. Applicability of the UN Convention on Contracts for the International Sale of Goods is excluded. If the user is a businessperson in the sense of the German Commercial Code, the venue shall be Munich. If the user is not a businessperson in the sense of the German Commercial Code, the venue is the one prescribed by law. 

5. triplib. expressly distances itself from the contents of all websites with direct or indirect links from the triplib. site. triplib. assumes no liability for these contents and websites. The providers of these sites are responsible for their contents.

§ 2 Object of the website

1. triplib. offers users a free platform for publishing travel diaries, vacation photos, travel reports, recommendations for hotels, restaurants, and holiday apartments, and other general reports and presentations in connection with vacation and business trips or with public tourist sites. 

2. The users grant triplib. permission to transfer user rights to the contents provided by them pursuant to Sect. 34 of the Copyright Law according to the following provisions. 

3. The users agree to banner advertising on their content pages and have no right to remuneration.

4. Any commercial use and commercial advertising for personal or third party purposes is prohibited. It is also prohibited to undertake mass contact to other participants with the same or slightly modified messages (spamming).

5. It is prohibited to query the triplib. website using scripts or programs. We reserve the right to initiate legal action. It is prohibited to manipulate, hack into, or change the services and offers in any other illegal manner. This includes manipulations using HTML/JavaScript codes or other scripts.

§ 3 Registration

1. The user may register for free membership.

2. The user is obligated to provide his data accurately and completely. The password selected at registration may not be given to third parties. Every user may register for only one account.

2. Group accounts are not permitted. This means than only one person may be registered per account. 

3. triblib. reserves the right to refuse user names chosen by users that violate common decency or may be perceived as obscene. This applies in particular to defamatory or racist designations or those which could be harmful to minors.

§ 4 Term

1. The term is not limited. Either user or triplib. may terminate membership at any time without indicating the reason (with 4 weeks’ notice) and delete the account. On termination, the user is entitled to request the deletion of the data he has posted.

§ 5 Ownership of Rights

1. The user states that he owns all rights to the contents (texts, images, etc.) posted by him that allow him to publish the contents via triplib. and grant triplib. the utilization rights. The user is responsible for ensuring that the contents posted do not violate the rights of third parties or break the law. In particular, it is prohibited to post contents that are pornographic, racist, or violate laws for the protection of minors. This includes in particular the posting of contents that are insulting or defamatory or could constitute slander. In the event of violations, triplib. reserves the right to delete the respective contents immediately and terminate the user’s membership without notice.

2. The user declares that he gives his permission to publication or pubic display of the images in which he is personally depicted prior to any publication or display. In addition the user declares that he has prior permission from any other persons depicted.

§ 6 Transfer of rights and the extent thereof

1. By uploading the contents, the user grants triplib. the simple, free, irrevocable, and global right to use the contents posted. They include in particular the right to reproduce (§ 16 UrhG Copyright Law), right to perform and present (§ 19 UrhG), the right to make publicly available (§ 19a UrhG), the right to broadcast (§ 20), and the right of communication by video and audio recordings (§ 21). In addition, the right to edit or modify the works (§ 23 UrhG) is also granted.

2. triplib. is also granted the right to present the contents posted on third party Internet sites. triplib. guarantees that the contents will appear in the same context as on triplib.de, that is in the context of “travel diaries, vacation photos, travel reports, recommendations for hotels, restaurants, and holiday apartments, and other general reports and presentations in connection with vacation and business trips or with public tourist sites” pursuant to § 2 No. 1 of these terms of use. The contents may never be presented in a context that contradicts this. The contents will be labeled “triplib.” and the author designation acc. to § 6 No. 4 of these terms of use.

3. The rights granted in this section are also granted for exploitation in print media, television, and telecommunication media.

4. When granting exploitation rights in this section, including granting exploitation rights to third parties by triplib., the user retains his legal right to recognition of his copyright. He has the right to be named as author. When granting exploitation rights, triplib. shall therefore obligate third parties to name the user in the event of exploitation. The author’s user name under which he registered will be used. If the user wishes to use his real name for this author designation, he must declare this in writing to triplib. and indicate his real name. Irrespective of this, the user is free to label his works and photos himself.

§ 7 Impermissible Contents

1. It is prohibited to post contents that are pornographic, racist, or violate child protection laws. This includes in particular posting contents that could be construed as offensive, libelous or slanderous. In case of violation, triplib. reserves the right to delete the respective contents immediately and terminate the membership of the user without notice.

2. In addition, evaluations must meet the following requirements:
a. The user must make the evaluation based on his own experience and not on hearsay;
b. The evaluation must be factual and objective; 
c. If evaluations are made of real persons, they may be made only in connection with the person’s occupation;
d. Persons included in the evaluation may not be named;
e. Any advertising, in particular by or on behalf of the respective company is prohibited.

§ 8 Disclaimer

The user releases triplib. from all claims that third parties may make against triplib. from any existing copyright and/or related protection, brand, or similar rights, rights from works of art copyright laws or the general right to privacy.

§ 9 Liability toward other users

Any liability of triplib. in connection with this contract is excluded – for whatever reason. To the extent the liability of triplib. is excluded or restricted, this also applies to the personal liability of employees, representatives, and agents. The limitation of liability does not apply if the damage is caused by intent or gross negligence. The limitation of liability also does not apply to claims according to the product liability law or for damage arising from injury to life, limb, or health. If triplib. negligently violates an essential contract duty, compensation is limited to the typical and foreseeable damages for the contract.

§ 10 Data Protection

triplib. stores all the customer’s data [contact data, photos, travel reports, travel tips, news, commentaries, friends, evaluations, and other contributions] electronically for the duration of the contract relationship, insofar as required to fulfill the purpose of the contract. triplib. will provide the customer at his request with information on the data related to him stored at any time, completely and at no charge. triplib. will pass on the data to third parties only with the express permission of the customer. triplib. expressly points out to the customer that data protection for data transmission in open networks such as the Internet cannot be comprehensively guaranteed at the present state of technology. The customer must himself take responsibility for ensuring the security of the data transmitted on the Internet and stored on web servers. triplib. undertakes everything possible to protect the data transmitted by customers from access by third parties as per the state of technology and to take the necessary technical and organizational measures required for this.

§ 11 Final Provision

Should individual provisions of the General Terms of Business and/or the contract they supplement be or become invalid, this shall not affect the validity of the remaining provisions.  Version of the Terms of Use: 1 March 2008

Ergänzender Hinweis zum Datenschutz

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