The following General Terms and Conditions govern the contractual relationship between TOURLINA APP, a service of Michael Klumpp Unternehmensberatung, Voltastrasse. 72, 60486 Frankfurt, Germany, registered Gewerbeamt: Kassen- und Steueramt, Paulsplatz 9, 60311 Frankfurt am Main, Germany (hereinafter referred to as “TOURLINA APP”) and the users of TOURLINA APP services, and define the conditions under which use of TOURLINA APP services occurs.
By registration at TOURLINA APP e.g. at http://tourlina.com (here after referred to as “Website”) and all domains referring to it, such as mobile apps for IOS and Android devices (hereinafter referred to as “mobile app”), the user accepts the below-mentioned Terms and Conditions. If the user does not accept the Terms and Conditions, registration must be withdrawn. These General Terms and Conditions are valid for all websites and mobile apps of the operator TOURLINA APP.
3. Completion of contract, Start of contract, Prices
4. Cancellation Policy
6. Termination of free usage
7. User obligations
8. Violations of user obligations
9. Granting of rights
10. Prohibition of business or commercial use, Prohibition of spamming
11. Compensatory Damage
12. Liability of TOURLINA APP
13. Changes to General Terms and Conditions
14. Final provisions
The here mentioned Terms and Conditions are regulations under which the use of the TOURLINA APP website and the mobile application of TOURLINA APP occurs. The Terms and Conditions also apply if the service is used outside the Federal Republic of Germany. By registration with the operator, the user acknowledges to have read and understood the Terms and Conditions and to have accepted them. Differing regulations and specific user conditions which contradict the Terms and Conditions require written consent of the operator.
(i) TOURLINA APP operates an online Social Network Community and offers the user access to a database through which users can get to know each other to develop partnerships and friendships. The database can be reached via http://tourlina.com (acting as general webpage for all linking domains) as well as through the mobile application of the iOS and Android-based devices. This database contains profiles, pictures and information about other users. Registered users can view the profiles and information of other users and contact them.
(ii) TOURLINA APP is offered exclusively for private purposes. Commercial use is not included in the services provided and strictly forbidden. Commercial profiles are identified clearly and carry the names of their respective owners.
(iii) The operator is authorized to entrust third-party service providers and agents with the provision of parts or the whole range of services.
(iv) The user expressly agrees that TOURLINA APP may send newsletters at irregular intervals. The sending of newsletters can be stopped by the user at any time via the unsubscribe link.
3. Completion of contract, Start of contract, Prices
(i) The contract between TOURLINA APP and the user comes into effect at the time of registration by the user on the TOURLINA APP webpage or through the mobile application.
(ii) The user can register for free by filling out the registration form. Alternatively, the user can register using the Connect functions of third party providers (e.g. Facebook Connect). On this occasion, selected data from the respective user profile is stored in the TOURLINA APP data base. When registering via the Connect functions, the user states his acceptance of the respective conditions of the third party providers and consents that certain information is being stored in the TOURLINA APP data base.
(iii) The use of the service in its basic features is free. The user can acquire various additional features (“premium features”), which are subject to charge. The respective prices are shown to the user clearly in the mobile app. TOURLINA APP reserves the right to change these prices at unspecified times.
(iv) As part of the booking of premium functions for a defined period, the user purchases a subscription that is automatically extended at the end of the selected period, unless it is terminated by the user within 24 hours of the end of the respective period.
(v) TOURLINA APP expressly states that only one user account may be created per user. Existing user accounts must be deleted before a new user account can be registered.
4. Cancellation policy
Any user, situated in any country in the European Union has the right to cancel their TOURLINA APP paid subscriptions as well as their credit purchases. The following cancellation policy applies:
Notice of cancellation rights
Right of cancellation
You have the right to cancel this contract within 14 days without giving reason. The cancellation period is fourteen days after the date of contract conclusion. To exercise your right of cancellation, you must inform Michael Klumpp Unternehmensberatung, Voltastr. 72, 60486 Frankfurt am Main, Germany; E-Mail: firstname.lastname@example.org of your decision to cancel this contract by means of a clear statement to this effect (e.g. a letter sent by post, fax or e-mail). You may use the enclosed cancellation form for this, though it is not obligatory. The dispatch of the notification that you are exercising your right of cancellation before the end of the cancellation period is sufficient to observe the cancellation deadline.
Consequences of cancellation
If you cancel this contract, we shall refund to you all payments which we have received from you, including delivery charges (except for additional costs incurred as a result of the fact that you requested a type of delivery other than the cheapest standard delivery offered by us) without delay and at the latest within fourteen days from the date on which we receive the notification of your cancellation of this contract. For this refund we shall use the same means of payment that you used in the original transaction, unless expressly agreed otherwise; under no circumstances shall any charges be debited to you for this refund. If you requested that the service should start during the cancellation period, you will have to pay a suitable amount of money that covers the service provided in the period between the beginning of the contract and the date your right of cancellation of this contract has reached us. This amount corresponds to the relative share of the already provided service compared to the full range of service that the concluded contract covers.
TOURLINA APP respects your privacy
TOURLINA APP and its partner websites respect your privacy. This privacy statement contains information about our data protection provisions and measures, as well as the choices you can make regarding the way your information is collected online and how it is used. This statement is readily available on our TOURLINA APP website homepage. The collection of personal data takes place exclusively in accordance with the provisions of the data protection law of the Federal Republic of Germany. If you have any questions or concerns regarding this statement, you should first contact TOURLINA APP using the contact details given at the end of this statement.
1. Sites covered by this privacy statement
2. Collection of personal data
3. How is your data used?
4. Who is your data passed on to?
5. ChildrenÂ´s privacy
6. Your options and privacy settings
7. Access and data integrity
8. Security of your personal data
9. Changes to this statement
TOURLINA APP uses the following tools for automatic data collection
o Web beacons
o DART cookies
o Integrated web links
o Tools for information collection
This website uses Google Analytics, a web analysis service of Google Inc. (“Google”). Google Analytics uses so-called “cookies”, text files which are saved on your computer and which allow website usage to be analyzed. The information created by the cookies about your use of this website (including your IP address in anonymous form) is transferred to a Google server in the USA and saved there. Google will use this information to evaluate your use of the website, in order to compile reports about website activity for the website operator and to produce additional services related to website and internet usage. Google may also communicate this information to third parties, where required to do so by law, or where such third parties process the information on Google behalf. You can avoid the installation of cookies by appropriately adjusting your browser software; however, we point out that in this case you may not be able to make full use of all the features of this website. By using this website, you agree that the data that Google collects about you may be processed in the way described above and for the above-mentioned purpose.
5.1. Sites covered by this privacy statement
This privacy statement covers all websites and mobile apps owned by TOURLINA APP, as well as websites and mobile apps of our service providers.
Links to websites of third-party providers
On the TOURLINA APP website you may find links to websites of third-party providers (for example, the “Like” button on Facebook, links to fan pages on Facebook, Instagram, Pinterest etc.) by which you can easily access further information or other relevant websites. By clicking on these links you leave the TOURLINA APP website. TOURLINA APP has no control whatsoever over these websites or their data protection practices, which may differ from TOURLINA APPÂ´s practices. By linking to third-party websites TOURLINA APP does not endorse or support in any way the content contained there, excluding the personal data which it has made available to these third-party providers, or which has been collected by them and is not covered by TOURLINA APPÂ´s data protection statement. You should therefore read through the data protection statement of all companies before disclosing personal information.
5.2. Collection of personal data
TOURLINA APP collects, exports and uses personal data with the objective of improving our services and understanding better your needs and interests. This is done only with respective notice and with consent of those concerned, as well as the submission of any required documents with data protection authorities. For example, if you order products or services, request information, subscribe to marketing or support materials, register, take part in competitions or surveys, or apply for a job at TOURLINA APP, we will ask you for personal information required to complete this transaction. Personal information provided by you on these pages may include your name, address, telephone number and email address, as well as other unique information such as user Ids and passwords, transaction information, your product and service preferences and contact preferences. If you use our referral service to tell a friend about our website, we will ask you for the email address of this person and send them a single invitation to visit the website. TOURLINA APP uses and stores this personal information for the sole purpose of sending this single email and to enable the blocking of additional such messages if necessary. In addition to the information provided by you, information may also be acquired during your visits to TOURLINA APP websites. TOURLINA APP uses tools for automatic data collection such as web beacons, Google DART cookies, integrated web links and other common tools for the collection of information. These tools collect certain standard information that your browser sends to our website. These include, for example, browser type and language, access times and the address of the website from which you arrived at the TOURLINA APP website. Your IP address, clickstream data (i.e. the sites you look at, the links you click on and other actions relating to TOURLINA APP websites) and product information may also be recorded. An IP address is a number that is assigned to your computer when surfing the internet and by which the web server is able to localize and identify your computer. Computers use this IP address to communicate on the internet and therefore enable users to surf and purchase. TOURLINA APP may also employ some of these tools for automatic data collection on specific emails sent by TOURLINA APP. These tools collect information if you open the email or click on a link contained in the email. TOURLINA APP also refers to commercially available sources that are considered credible for the collection of information. Information obtained in this way may include names, addresses, email addresses and demographic data. Information obtained from these commercial sources may be used alongside information acquired by TOURLINA APP from your visits to TOURLINA APP websites. For example, TOURLINA APP may compare geographical information acquired from commercial sources with the IP address collected by the tools for automatic data collection, in order to determine your general geographic area.
5.3. How is your data used?
The information collected helps TOURLINA APP to deliver a consistent and customized experience to visitors of the website. Using the information, TOURLINA APP is able to
o assist you in completing a transaction or subscription;
o provide you with information about products or services;
o provide service and support;
o keep you up-to-date with new services and benefits;
o provide you with personalized promotional offers;
o select content offered to you;
o customize some TOURLINA APP websites according to your preferences;
o enable you to take part in competitions and surveys; and
o contact you as part of market research of TOURLINA APP products or services
You have the opportunity to set your privacy settings according to your wishes regarding the information sent to you (see Your options and privacy settings).
Customer feedback posted on our website will only be used with the express authorization of the person or company who provided the feedback.
5.4. Who is your data passed on to?
Other than described in this statement, TOURLINA APP does not sell, rent or lease your personal information to third parties. TOURLINA APP gives the following personal information:
TOURLINA APP uses the services of service providers and suppliers to deliver complete products, services and customer solutions and to assist TOURLINA APP with marketing and communication initiatives. These providers and suppliers include, for example, providers of customer support and live-help and email service providers. Service providers are under a contractual obligation to treat information entrusted to them on behalf of TOURLINA APP as confidential and not to use it for any purposes other than for services provided to TOURLINA APP. From time to time TOURLINA APP carries out joint marketing initiatives with other companies. Certain TOURLINA APP services and marketing communications are delivered at the same time as those of other companies as part of these initiatives. For some of these services and communications you have the opportunity to pass on your personal information, both to TOURLINA APP and to the other companies involved in these initiatives. Examples of this include marketing communications from TOURLINA APP and other companies, or the opportunity to register online for software products of different companies. If you prefer to give your personal information exclusively to TOURLINA APP, TOURLINA APP will not pass on this information to other companies taking part in these marketing initiatives. If you decide to share your personal information with other companies, the handling and use of this information falls under the respective data protection provisions of this company.
Other than in the cases described in this statement, TOURLINA APP does not disclose your personal information to third parties without your express authorization, except for the following purposes:
(i) in response to a legal request for information from police or government authorities;
(ii) to comply with laws, regulations, citations or court orders;
(iii) to prevent fraud or to enforce and protect the rights and ownership of TOURLINA APP and its subsidiaries; or
(iv) to protect the personal security of TOURLINA APP members.
Circumstances may arise where for strategic or other commercial reasons TOURLINA APP decides to sell, purchase, merge or carry out other restructuring. Such an operation may involve the disclosure of personal information to prospective buyers or buyers or the obtaining of such information on the part of the seller. In such operations TOURLINA APP always protects the information entrusted to the company to the greatest possible extent.
5.5. Children´s privacy
TOURLINA APP does not knowingly collect any information from children under the age of 17, and TOURLINA APP websites are not aimed at children under the age of 17. We recommend that adults and guardians take an active role in protecting their children in their online activities and interests.
5.6. Your options and privacy settings
TOURLINA APP gives you the option to receive a variety of product and service related information. You can subscribe to certain product and service-specific information as well as general TOURLINA APP communications. Here you can decide for yourself whether to receive general TOURLINA APP information by mail or by email. You can choose or modify options about receiving subscription or general communications at the time of entering information or using one of the methods mentioned in the following paragraphs. These options are not valid for communications or notifications which do not appear in the first line of the advertisement. These include notifications about subscription fulfillment, contracts, support or other administrative or transaction-related information. Email messages that you receive from TOURLINA APP are sent in compliance with this statement. Some email messages may use tools for automatic data collection. Further information about this can be found under [How does TOURLINA APP use tools for automatic data collection?]
Subscription communications are, for example, email newsletters etc. that you have expressly requested and consented to receive. If you wish to no longer receive such requested subscription communications you can terminate the subscription using one of the following methods:
o Click on the email link “Opt out” or “Unsubscribe” or follow the instructions contained in every communication to terminate the subscription.
o Go to the webpage(s) where you originally subscribed and follow the instructions to terminate the subscription. You can access subscription webpages from many TOURLINA APP subscriptions.
o Send an email to datenschutz[at]TOURLINA APP.com. Include your name, email address and postal address, as well as any specific relevant information about the TOURLINA APP subscriptions that you no longer wish to receive.
Please note that the refusal of certain subscription communications may affect the TOURLINA APP services that you have requested, where receipt of these communications is a precondition of receiving the service.
General TOURLINA APP communications
TOURLINA APP informs its users about products, services and/or support through its general communications. This includes information about new products, special offers or invitations to participate in user surveys, among other things.
5.7. Access and data integrity
TOURLINA APP endeavors to achieve the greatest possible accuracy of its stored personal data. For this purpose TOURLINA APP has implemented technologies, administrative procedures and policies. TOURLINA APP gives individuals, within reasonable limits, access to personal data that TOURLINA APP has made available to them and also the opportunity to verify this data and correct it if necessary or demand the anonymization, blocking or deletion of this data. Furthermore, to protect your privacy and security we take the appropriate measures to verify your identity – for example, by entering a password and a user ID – before we allow you access to your data. In order to view or change personal data that you have directly provided to TOURLINA APP, you can return to the webpage where you originally submitted the data and follow the instructions given there, or, if this function is available.
5.8. Security of your personal data
TOURLINA APP takes extremely seriously the trust that you place in us. TOURLINA APP employs appropriate physical, technical and administrative procedures to protect the information collected by TOURLINA APP, in order to prevent unauthorized access to your data or its disclosure, to maintain the integrity of the data and to ensure its correct usage.
5.9. Changes to this statement
In the case of changes to this privacy statement we will post the revised statement here with an updated revision date. If we make fundamental changes to this statement, we may also inform you in other ways such as by email or by a notice on our homepage.
We very much appreciate your opinion. If you have comments or questions about our privacy statement, please email us at legal[at]TOURLINAAPP.com or write to us at the following address:
Michael Klumpp Unternehmensberatung, Voltastr. 72, D-60486 Frankfurt am Main/ Germany
6. Termination of free usage
(i) Every user has the right to cancel his or her membership at TOURLINA APP at any time. To do this the account settings on the TOURLINA APP website and the mobile apps contain the option ‘delete account’. Termination by fax or email is also possible.
(ii) The membership can be terminated by TOURLINA APP without notice, when the user violated these Terms and Conditions.
(iii) In addition, TOURLINA APP reserves the right to reject registration without having to provide reasons for this.
(iv) After cancellation of membership all data will be deleted by TOURLINA APP from the respective database, as long as this is not required for evidence purposes due to illegal user activity beyond the termination of the contract.
7. User obligations
(i) The user is solely responsible for the content of his registration and therefore for the information that he submits about himself. In particular the user is obliged not to save, publish, transfer or distribute racist, offensive, discriminating, harassing, libelous, sexual, pornographic, material. As well as material glorifying violence or other illegal content, people or images. In addition, the user is expressly advised that it is forbidden to use legally protected concepts, names, images, videos or other materials.
(ii) Furthermore, he is obliged to take the appropriate measures to prevent unauthorized use of his data by third parties, in particular passwords. He is obliged to inform TOURLINA APP immediately about detected or suspected unauthorized use of his account.
(iii) The user ensures that no pictures or any other material is uploaded from his account for which he does not have the copyright secured by law.
(iv) The user ensures also that the information submitted is true and describes his character. The contracting parties agree that it is considered to be of legitimate interest of TOURLINA APP to authorize the verification of information submitted by the user if necessary.
(v) The user agrees to indemnify TOURLINA APP for all kinds of claims, damages, losses or demands which can arise from registration and/or participation in this service, insofar these damages do not result from intent or negligence on the part of TOURLINA APP, or its legal representative or agents. In particular the use undertakes to absolve TOURLINA APP from any liability and from all obligations, expenses and claims resulting from damages due to slander, insult, and damage to personal rights, resulting from loss of service for the user, damage to material goods or other claims.
(vi) The user commits himself not to intentionally give the information of third parties (including email addresses) instead of his own. In particular he undertakes not to give bank details or credit card details of third-parties with fraudulent intent.
(vii) Furthermore the user is committed to observe the respectively applicable laws when registering and using the service at http://tourlina.com or the mobile applications.
(viii) The user undertakes to treat emails and any other possible incoming messages as confidential and not to make these public to third parties or forward them without the consent of the originator. The same applies for names, telephone and fax numbers, addresses, email addresses and / or URLs.
(ix) Moreover every individual user undertakes not to misuse the service, in particular:
– not to forward any defamatory (e.g. slander), offensive or in any other way unlawful material or similar kinds of information
– not to use the service to threaten or harass other people / users or to infringe the rights (including personal rights) of third parties
– not to upload data containing a virus (infected software). In general no software or other material is to be uploaded which is protected by copyright unless the user owns the rights for it or the necessary approval – written evidence is required here by the operator
– not to use the service in such a manner which negatively influences the availability of the services for other users
– not to intercept any emails nor attempt to do so.
– not to carry out advertising for other internet portals
– not to create chain letters or forward them.
– not to mention names, addresses, telephone or fax numbers and email addresses in personal and voluntary information (user profiles)
(x) Which pictures are not allowed?
– Pictures that suggest or show nudity, sexual and/or pornographic acts
– Images protected by copyright /stolen pictures (for example pictures from the internet)
– Pictures that show violence, drugs, arms or similar content
– Pictures that show consumption of alcohol, cigarettes, hashish etc. by people under 21 years of age
– Pictures that contain text and/or contact details or from which inferences about personal details are possible
– Pictures that show masked, hooded or distorted faces
– Pictures with symbols, flags or other signs and offensive gestures of any kind (except recognized national flags)
– Pictures with registered trademarks
– Pictures which point to other webpages or show other commercial material
– Individual pictures of children and young people under 14 years of age
– Fuzzy, very small and/or not clear pictures
– Pointless pictures that do not benefit our community, such as material parts (floor coverings, plaster, other surfaces etc.), technical devices (vacuum cleaners, hairdryers, toilet brushes etc.), objectless, monochrome pictures etc.
– Multiple identical pictures
(xi) Which pictures are allowed?
– pictures on which you are easily recognizable
– Sexy (but PG!) pictures of you
– group photographs with your friends and family (if they agree to publish this content)
– Your pet (as long as you are on the picture too)
– personal creations and works of art (like Tattoos or drawings)
– nature and holiday shots
– your personal belongings
– Other personal picture which do not fall under the not allowed category
8. Infringement of user obligations
(i) TOURLINA APP has the right to remove content, people or images which infringe the existing general conditions of use or which are illegal, e.g. against laws and regulations, in particular the protection of minors, data protection, protection of personal rights, protection against slander, copyright and trademarks.
(ii) No obligation exists to restore information deleted by TOURLINA APP.
(iii) Furthermore, TOURLINA APP has the right to warn the user about non-compliance with the general conditions of use, and suspend or definitively end TOURLINA APP services for the particular user. Depending on the seriousness and manner of the offence, infringement may also result in civil or criminal penalties for the user.
(iv) In the event of exclusion from TOURLINA APP, all free and purchased credits and premium services expire without replacement. In the case of suspension, entitlement to use the premium functions is not extended by the period of suspension. These services also expire without replacement.
(v) TOURLINA APP expressly reserves the right to assert further damages, in particular claims for damages.
9. Granting of rights
(i) TOURLINA APP permits its registered users to use the portfolio of products and services offered, taking into account legal requirements and the existing Terms and Conditions, and to upload, save, publish, distribute, transmit content and share it with other users.
(ii) The user authorizes TOURLINA APP to show him customized promotional offers, based on the evaluation of information contained in his profile and also his user behavior.
(iii) The user grants TOURLINA APP the irrevocable, royalty-free, non-exclusive and geographically-unrestricted right to use all content generated, transmitted, saved and published. Therefore TOURLINA APP, and companies connected to TOURLINA APP, are entitled to the unrestricted use of all content including editing, copying, modifying, translating, creating and taking possession of derivative works. In doing so, there is no restriction regarding the type of use. TOURLINA APP is therefore entitled to use content for advertising purposes or other publications, either in part or in whole and in any format or medium. In this regard, the user grants TOURLINA APP moral rights, whereby TOURLINA APP expressly points out that TOURLINA APP does not obtain ownership of the content provided by the user and therefore TOURLINA APP does not carry out any supervisory role of content.
(iv) TOURLINA APP explicitly advises users that content may be saved and forwarded to third parties, as far as is required by law or is necessary and legally permitted in its opinion.
(v) Furthermore, TOURLINA APP explicitly points out that user data may be removed at any time without giving reasons and without informing the user concerned. This particularly relates to old chat records which are removed from the data base at irregular intervals and are therefore no longer available to the user.
10. Prohibition of business or commercial use, prohibition of spamming
(i) The user guarantees not to pursue any commercial and / or business purposes relating to his use. He guarantees not to use the TOURLINA APP website or the mobile app for commercial or business reasons.
(ii) Commercial or business use which the user agrees to avoid includes in particular:
– the offering of goods or services in exchange for money, the submitting of requests for relevant offers or linking to another site with accessible relevant offers (for example by linking to specific online auctions)
– advertisements for commercial internet sites, in particular sites which offer goods or services in exchange for money,
– to serve as illustration or advertisement for businesses or,
– to promote other commercial internet portals or mobile app.
This applies particularly to the promotion of businesses in the form of pop-ups, banner advertisements or by specifically highlighted or prominent links. An internet site is also considered to be commercial if it is linked directly or indirectly to the commercial internet portal or mobile apps of another operator.
– mentioning or communicating value-added service telephone numbers or value-added SMS numbers (Premium SMS) within this internet portal.
– establishing contacts for the purpose of subsequent profit-making, in particular by subsequent links to 0900 numbers or value-added SMS numbers.
– the search for possible coworkers, models for agencies or money-making services.
– collecting profile information available within the internet portal or finding out information (eg. telephone numbers / mobile numbers) of individual users for the purpose of commercial use, advertising or resale to third parties.
(iii) The user undertakes to refrain from advertising to other users of the service offered or to other users in any form for commercial offers and from forwarding any messages (private messages or emails) which serve a commercial purpose. This also refers to placing or mentioning links in the available profiles of other users or any users of this service or the forwarding of messages through the internal message interchange system (e.g. message forwarding, forums and profile information).
11. Compensatory Damages
(i) Any user who attempts to use or uses his participation for commercial or business purposes according to Â§10 of the Terms and Conditions is liable to pay compensatory damages to TOURLINA APP amounting to five thousand euro. In this case the user is permitted to provide evidence that no damage has occurred at all or considerably less than the five thousand euro. TOURLINA APP reserves the right to prove that a greater amount of damage has occurred hereby.
(ii) In the event of willful or grossly negligent violation of the user obligations described in Â§7 of the Terms and Conditions, the user undertakes to pay the operator a compensation, as far as the violation is not already established as the standard compensation according to paragraph (i) of this paragraph. The user is permitted to provide evidence that no damage has occurred at all.
12. Liability on the part of TOURLINA APP
(i) For damages that occur of a physical, psychological or financial nature which are connected to the service offered, TOURLINA APP is only liable insofar if these damages result from a grossly negligent breach of duty on the part of TOURLINA APP, its legal representatives or agents, or from wilful intent on the part of TOURLINA APP, its legal representatives or agents.
(ii) For damages connected to the service offered and to legal assets other than life, body or health, TOURLINA APP is liable only insofar as these damages are due to a grossly negligent breach of duty by TOURLINA APP, its legal representatives or agents, or to wilful intent on the part of the operator, its legal representatives or agents.
(iii) TOURLINA APP may not be sued for incorrect information given during user registration, as the information given by the user may not always be checked due to its large volume and the identification of people on the internet is only partially possible. All users are personally responsible for verifying user information before contacting users in the form of chat conversations, meetings outside of TOURLINA APP or other interactions.
(iv) Furthermore, TOURLINA APP takes no responsibility whatsoever for possible misuse of information by other users or third parties. This particularly applies if the user himself made the information available. In addition, TOURLINA APP bears no liability for unauthorized gain of personal user data by third parties (e.g. the unauthorized access by “hackers” to the data bank), as long as it is not TOURLINA APP’s actual fault, in consideration of the limitation mentioned under paragraphs 1 and 2 of Â§ 12, or the fault of its legal representatives or agents. TOURLINA APP is authorized, but not obliged, to check the content of every text, sent/uploaded pictures and graphic files for the provisions of these underlying Terms and Conditions and, if necessary, to modify or remove/delete it.
(v) TOURLINA APP bears no liability for significant restriction to the service.
(vi) Furthermore, TOURLINA APP bears no liability for service breakdowns that it is not responsible for e.g. as a result of force majeure or technical internet failures.
(vii) TOURLINA APP takes no responsibility for the content of third parties and external links. Content published by users under the link http://tourlina.com is treated as third party content according to Â§ 5 of the German Teleservices Act (TDG) in the version dated 22.7.1997, for which TOURLINA APP takes no responsibility whatsoever.
13. Changes to Terms and Conditions
(i) TOURLINA APP reserves the right to change and amend the Terms and Conditions.
(ii) The user states his acceptance of the implementation of the amended Terms and Conditions for contracts completed before the changes, if TOURLINA APP informs the user that an amendment of the Terms and Conditions has taken place and if the user does not object to the change within two weeks, beginning with the day following the notification of the change.
(iii) Communication of the amendment must again include information about the possibility and the time limit for objections, as well as the relevance and the consequences of the failure to object. This can take place by email to the email address given by the user.
14. Final provisions
(i) Contract amendments, additions and ancillary agreements, unless otherwise specified in these Terms and Conditions, require written form on both sides to be valid. The written form requirement also applies for the waiver of this same requirement.
(ii) Contractual agreements of partners are subject to the law of the Federal Republic of Germany excluding the UN Convention of International Sale of Goods (CISG) and the conflict of laws.
(iii) Should individual provisions of this agreement be or become invalid or unworkable, the rest of the agreement remains valid. The invalid or unworkable provision is to be replaced by a valid and workable regulation of which effects come closest to the economic aim that the contract partners pursued with the invalid and unworkable provision. The above provisions apply accordingly in the event that the contract is shown to be incomplete.
Frankfurt am Main, Germany as of 28th of August 2015