Terms of use
These terms of use form the basis for all Travelfeedback users and members.
The terms of use govern the rights and obligations when using Travelfeedback.
1. How the data is used
2. Membership
3. Nickname
4. User photo
5. Duty to treat user data with due care
6. Creating content
7. Rights of use of travelfeedback
8. General terms of use
9. Termination or cancellation of your travelfeedback membership
10. Liability, indemnity
11. Final provisions
12. Contact
1. How the data is used
Travelfeedback collects, saves and uses your data exclusively for the purpose of providing this offer.
Travelfeedback will only process your data for other purposes subject to your prior approval. All personal data are deleted once storage is no longer necessary, and/or once you cancel your membership.
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2. Membership
- Membership of Travelfeedback is free of charge.
- Your membership commences as soon as you activate the Travelfeedback access data selected by you.
- When registering, you are under obligation to provide accurate and complete information concerning your identity. These data are to be kept up-to-date during the entire term of your membership.
- Your Travelfeedback membership is not transferable to third parties.
- Travelfeedback reserves the right to temporarily suspend the Travelfeedback service to a reasonable extent in order to perform maintenance and upgrades.
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3. Nickname
You may choose your Nickname at your own discretion, provided that it is not already in use. The Nickname chosen by you may not, however, violate Swiss law, third-party rights, these terms of use or offend against common decency. The following restrictions shall apply:
The following may not be used as Nickname::
- Registered trademarks and names protected by copyright or other industrial property rights;
- Names of other persons;
- Names that violate or could violate the rights of other natural or legal persons;
- Names that could provoke or offend other members;
- Vulgar or offensive Nickname;
- Names that contain codes, which signify membership of an extremist group.
As holder of the Nickname, you are responsible for all content circulated using your Nickname.
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4. User photo
The following may not be used as your user photo::
- Pictures of another person;
- Pictures of registered trademarks and those protected by copyright or other industrial property rights;
- Vulgar or offensive user photos that might hurt the feelings of other members.
Travelfeedback reserves the right to refuse to publish images that do not comply with these provisions.
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5. Duty to treat user data with due care
You are responsible for all content published and circulated using your Nickname. To this end, you shall choose a password for your Nickname and take all necessary measures to ensure its secrecy. You shall bear full responsibility for any unauthorised use of your Nickname by third parties.
If Travelfeedback becomes aware of or has reasonable cause to suspect the abuse of your Nickname or password, it shall be entitled to take any necessary measures and to temporarily suspend the membership of or access to Travelfeedback or to expel members.
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6. Creating content
As a travelfeedback member, you have a variety of options for inputting content such as texts and images, for example.
In doing so, members must bear in mind that the following content may not be uploaded onto the travelfeedback platform:
Inappropriate content:
- Racist, offensive, pornographic, obscene, vulgar content and content that glorifies or plays down violence as well as immoral content;
- Content that impairs or endangers the development or education of children or minors or which is degrading or violates other highly-regarded, legally-protected rights;
- Content that could incite others to commit criminal or otherwise immoral acts;
- Libellous or offensive remarks;
- Threats against other members, providers or third parties;
- Defamatory, slanderous and offensive remarks, lies or incorrect information;
- Content that violates the right of privacy of third parties;
- Copied content to which you do not hold any rights;
- Contents that constitute a security risk, such as viruses;
- Links to Web sites containing content that violates applicable law, is harmful to young people or otherwise illegal;
- Private data, such as telephone numbers or e-mail addresses outside of the profile;
- Names, address, telephone numbers or e-mail addresses outside of the profile.
Ratings
As member you have the option to compose ratings. Travelfeedback reserves the right withhold publication of these ratings after reviewing them. Travelfeedback members do not have a legitimate claim to the publication of their ratings.
The following requirements and rules apply to ratings:
- The ratings & tips must relate to the provider being rated;
- The ratings & tips must reflect the truth;
- The ratings & tips must be factual and accurate;
- Only places or services that were visited/used or that can be visited/used may be rated;
- Negative ratings are permitted, but must be expressed objectively;
- Content arranged for by providers/companies themselves are only permissible for image cultivation purposes;
- Relatives or employees of a provider are only permitted to rate the company in question if they disclose this relationship openly;
- The input of e-mail addresses, URLs or telephone numbers for self-advertising purposes is not permitted;
- Contents that constitute a security risk, such as viruses;
- Links to Web sites containing content that violates applicable law, is harmful to young people or otherwise illegal;
- Rumours, content that stems from hearsay or unconfirmed third-party statements are not permitted;
- (Branches of) business my only be entered once in Travelfeedback.
Travelfeedback is entitled to block ratings submitted by you if there is reasonable cause to suspect that the content contravenes statutory regulations or these terms of use. Travelfeedback reserves the right to verify and if necessary delete any ratings that you have posted to Travelfeedback.
Travelfeedback is also entitled to weight the ratings of its members transparently.
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7. Rights of use of travelfeedback
- By creating content (ratings) and/or by sending us your photos, you grant travelfeedback the non-exclusive right, unlimited in time and space, to use this content and photos together with the Nickname chosen by you.
- travelfeedback shall in particular be entitled to duplicate, broadcast, render publicly accessible and make available for download (right of online access and broadcasting) your ratings and the photo within the framework of the travelfeedback service, as well as to archive it and store it in databases.
- travelfeedback shall only be authorised to edit the content and photos to the extent that this is necessary for graphic representation of editorial purposes.
- travelfeedback shall not be required to pay you a royalty for granting the aforementioned rights of use.
- You assure that you are the holder of all rights to the content and photos transmitted by you, in particular that you are entitled to assign the aforementioned rights to travelfeedback. All individuals depicted in photos must be of age and have agreed to publication on travelfeedback or have the corresponding consent of their parents or legal guardians.
- There shall be no entitlement to the publication on travelfeedback of the content and photos transmitted by you. travelfeedback shall decide as to the publication at its editorial discretion. In the case of photos, travelfeedback shall not be under any obligation to name the photographer.
- In the event that third parties assert claims against travelfeedback owing to the creation of content by you and/or the uploading and/or use of photos (in particular owing to violations of personal rights, copyright, trademark rights or ancillary copyrights), you shall be under obligation to compensate travelfeedback any and all damages incurred by travelfeedback as a result of the culpable breach of duty on your part. You shall remain free to demonstrate that the damage asserted by travelfeedback did not occur or was of a lesser amount.
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8. General terms of use
- You shall undertake via-à-vis Travelfeedback to use the offer of Travelfeedback legally. That means that you shall only use Travelfeedback in a manner or for purposes that do not violate these terms of use or contravene applicable Swiss law or infringe upon third-party rights.
- If you permit another person, in particular minors, to use your Travelfeedback access, it shall be incumbent upon you to draw that person's attention to the terms of use and rules of member ship and to adequately ensure that these are observed.
- If you or a third party using your Nickname culpably violates these terms of use or applicable law, Travelfeedback shall be entitled to take necessary measures. Severe breaches may result in the blocking of your access to Travelfeedback or to the immediate cancellation of your membership.
- If Travelfeedback suspects violations of penal or public law, it shall be entitled to assist the law enforcement / police authorities with their investigations, without verifying the legality of such investigations or requests for information.
- Within the framework of what is legally permissible, Travelfeedback shall be entitled, but is not under obligation, to review all areas of the Travelfeedback service for compliance with the terms of use, in particular the rules of conduct outlined in this section.
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9. Termination or cancellation of your travelfeedback membership
You may terminate your travelfeedback membership at any time without adhering to a period of notice. travelfeedback is entitled to terminate your travelfeedback membership at any time.
travelfeedback is entitled to terminate your travelfeedback membership without notice in the event that you culpably violate these terms of use. If travelfeedback has terminated your membership without notice owing to the breach of these terms of use, you may only log-on to travelfeedback again with the express consent of travelfeedback.
These terms of use shall not affect your right to terminate your travelfeedback membership on important grounds.
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10. Liability, indemnity
Travelfeedback shall be liable for all culpable breaches of material contractual obligations as well as the acceptance of a quality guarantee (§§ 443 German Civil Code - BGB) according to the statutory regulations. With regard to losses resulting from the absence of an agreed quality, Travelfeedback shall only accept liability for losses that are to be included in such an agreement. In all other cases, Travelfeedback shall only accept liability in so far as the loss incurred was caused wilfully or through gross negligence.
In so far as the liability of Travelfeedback is excluded or limited in accordance with the aforementioned provisions, this shall also extend to the liability of the employees, representatives and vicarious agents of Travelfeedback.
The aforementioned regulations shall not affect the obligation to pay damages as a result of the loss of life, physical injury of damage to health or liability pursuant to the product liability act.
By offering a platform for third-party content, Travelfeedback shall not make these contents its own, and shall therefore not comment thereon, oppose or edit them. The responsibility for third-party content shall rest exclusively with the corresponding provider and/or the member that made this content available in the Travelfeedback service, and not with Travelfeedback. However, if Travelfeedback becomes aware that third-party contents are in violation of these terms of use, Travelfeedback shall act appropriately in accordance with the terms of use.
In the event of a mere suspicion of a breach of the terms of use, Travelfeedback shall not accept liability for not taking any measures, unless it is possible to prove the breach.
If you culpably violate these terms of use, you shall indemnify Travelfeedback for any resulting damages, including any legal defence costs in the amount of the fees incurred as prescribed by law. You shall remain free to demonstrate that the damage asserted by Travelfeedback did not occur or was of a lesser amount.
Despite carefully checking their content, we shall not assume any liability for the content of external links. Exclusively the operators of linked websites shall be responsible for their content.
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11. Final provisions
Travelfeedback reserves the right to amend the terms of use and services, provided that such changes are reasonable for you taking into consideration the justified interests of Travelfeedback.
For the rest, Travelfeedback shall notify you in advance of any amendments to these terms of use or material changes to a service in good time, however at least one month prior to said changes coming into force. Notice will be sent to you by e-mail to the e-mail address specified by you on registering. Your consent will be deemed to have been given if we do not receive any objections from you within one month of notification being sent.
All legal relationships resulting from the use of the Travelfeedback service shall be subject to Swiss law.
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12. Contact
travelwindow AG
travelfeedback.com
Steinentischstrasse 5
CH-8027 Zürich
Phone: +41 44 200 26 26
Email:
mail@travelfeedback.com
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