Terms of Use for GPX files
Hier ist die rechtssichere englische Übersetzung deiner Nutzungsbedingungen für GPX-Dateien und personalisierte Motorradtouren, einschließlich des Verweises auf die AGB:
Terms of Use for GPX Files and Customized Motorcycle Tours
1. Scope of Application
These Terms of Use apply to all digital content provided by Tim Kulzer / "motourvibes" (hereinafter referred to as the "Provider"), whether for a fee or free of charge. This includes in particular GPX files with route suggestions and points of interest (POIs), as well as individually planned motorcycle tours in digital form (including roadbooks).
These Terms of Use supplement the Provider’s General Terms and Conditions (GTC). In the event of any conflict, the provisions of the GTC shall take precedence unless these Terms of Use contain more specific regulations.
2. Subject Matter of the Agreement
The Provider offers digital route recommendations in the form of GPX files and individually planned motorcycle tours for private use only. These services are planning and consulting services only and do not constitute travel services within the meaning of § 651a of the German Civil Code (BGB).
The responsibility for carrying out the trip, including accommodation, transportation, compliance with legal requirements, and the actual passability of routes, lies solely with the user.
3. Granting of Usage Rights
Upon purchasing or downloading a file, the user is granted a simple, non-exclusive, non-transferable right to use the content for private purposes only.
The following uses are strictly prohibited:
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Distribution, sharing, or publication of the content,
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Commercial use (e.g., use in guided tours, commercial travel offers, publications),
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Editing the content for the purpose of distribution to third parties.
Editing for private use is permitted, provided the modified content is not shared or published.
Any other use requires the prior written consent of the Provider.
4. Disclaimer of Liability
The content (GPX files, roadbooks, etc.) is provided for planning and orientation purposes only and does not constitute binding navigation instructions.
The Provider makes no guarantees regarding:
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The accuracy, completeness, or currency of the content,
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The actual usability of the proposed routes,
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The user's compliance with applicable laws and regulations.
Users are required to independently verify the current condition of routes, applicable traffic laws, and potential restrictions (e.g., roadworks, closures, weather conditions). Use is at the user’s own risk.
The Provider's liability is excluded, except in cases of intent, gross negligence, or injury to life, body, or health.
5. Usage Restrictions
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The content may only be used for private, non-commercial purposes.
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Any form of distribution, publication, or commercial use is prohibited.
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Users are solely responsible for planning and preparing their tours.
6. Right of Withdrawal for Digital Content
In accordance with § 356 (5) BGB, the right of withdrawal for digital content expires once:
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The Provider has begun fulfilling the contract,
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The user has expressly agreed that fulfillment begins before the withdrawal period ends,
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And the user has acknowledged that this agreement results in the loss of the right of withdrawal.
By completing the purchase, the user expressly agrees to these conditions.
7. Additional Provisions for Free Content
These Terms of Use also apply to GPX files provided free of charge.
In particular:
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The content may be used exclusively for private purposes.
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Distribution, publication, or commercial use is prohibited.
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No guarantee is provided for accuracy, currency, or functionality.
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The Provider assumes no liability for any damage resulting from the use of free content – except in cases of intent, gross negligence, or injury to life, body, or health.
8. Final Provisions
These Terms of Use are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
If legally permissible, the place of jurisdiction shall be the Provider’s registered office.
For consumers, the statutory place of jurisdiction shall apply.
If any provision of these Terms of Use is or becomes invalid, the remaining provisions shall remain unaffected. The invalid provision shall be replaced with one that most closely reflects the economic purpose of the original provision.
By purchasing or downloading content, the user agrees to these Terms of Use as well as the Provider’s General Terms and Conditions.