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Terms of use:

1. Field of application

These general terms and conditions apply for content and services, provided by the WorldPioneers travel smarter GmbH through its website appearance (referred to in the following as: services)

2. Changes/Additions

For services free of registration, these general terms and conditions hold by means of the actual version at the time of actual use. Moreover applies: The WorldPioneers travel smarter GmbH is authorized to complement or alter general terms and conditions with an appropriate prior time of notice.  The new general terms and conditions will become effective after exactly two weeks in case no user has objected them within this period of time. In case a user objects the new general terms and conditions within the two weeks following the announcement, the WorldPioneers travel smarter GmbH is permitted to terminate the user’s account and resulting use at the point in time the new general terms and conditions become effective, soonest however two weeks after the expiration of the right of objection.

3. Information and data of the user

a. E-mail addresses and user names
E-mail addresses or the user name of choice must not be created in a way that the legitimate feelings and rights of other users are harmed or in a way that corresponding law is violated. This applies for instance to terms taken from the field of pornography, especially child pornography or incest, as well as for terms glorifying violence, racism or other terms that are to be allocated to incitement of the people. Further examples are names of organizations or people which can be attributed to terrorism, political extremism or religious fanaticism. Further the rights of any third party (right to a name, law of labeling, copyright, privacy and data protection etc.) must be protected and preserved by all means and at all time.

b. No advertisements by users
Users are not allowed to submit commercial advertisements of any form to other users, who use the WorldPioneers travel smarter GmbH’s services. This does also hold for the placement of hyperlinks, for instance in forums. It however only holds for users not registered as “Spots”. These “Spots” are permitted to place hyperlinks and pictures on their designated respective profiles.

c. Information at registration
Every user is obligated to provide right and complete Information in the course of the central user’s registration to services of the WorldPioneers travel smarter GmbH and especially not to harm the rights of third parties. A violation of third parties’ rights is for instance given, if personal data or other information of thirds is being used in the registration process (e.g. name, e-mail address etc.). A user violating these specifications (unauthorized use of third party’s personal data or others private information) is liable to the WorldPioneers travel smarter GmbH.

d. Forwarding data and information
In using the offered services no user is permitted to save data or information on the data storage mediums of the WorldPioneers travel smarter GmbH, which could, owing to their kind, nature, composition, size or mere number endanger the continuance or operation of the data network of the WorldPioneers travel smarter GmbH or violate the rights of third parties (e.g. Viruses, Spam e-mails etc.)
e. Consequences in case of violations
In case of culpably violations against the terms presented in 3.a) to e) a user is liable to compensate WorldPioneers travel smarter GmbH for all resulting direct and indirect damages and losses, also financial losses. In the internal relationship the user exempts/releases the WorldPioneers travel smarter GmbH from all possible claims of a third party (whose rights were violated) resulting from these violations. Further the WorldPioneers travel smarter GmbH is entitled to inhibit and block the user’s access to all services and to delete all data and information of the respective user.

4. Alteration or termination of the services

The WorldPioneers travel smarter GmbH reserves the right to change part of its services or the whole service as a whole or to terminate these services temporarily or definately without prior announcement. This also holds for the information provided or saved by the users on the systems of the WorldPioneers travel smarter GmbH.

5. Liability

a. Preface
The WorldPioneers travel smarter GmbH is liable for damages resulting from intentional or wantonly negligent behavior as well as for damage resulting from a negligent violation of fundamental contractual obligations. In the latter the liability is limited to the damage that was predictable at the time of the conclusion of the contract. In the case of personal injury and in the area of application of the Product Liability Act the liability is not limited. The preceding limitations of liability also hold for breaches of duty by the legitimate representatives or vicarious agents of the Worldpioneers travel smarter GmbH.

b. Data loss
In order to secure his or her system the user is obligated to save his or her data in appropriate intervals. In case of a data loss to be covered by the WorldPioneers travel smarter GmbH, only the part will be restituted, that is usually incurred to restore the status quo in completion of such an obligation.

6. Extended terms and conditions

Next to these general terms and conditions the following extended terms and conditions hold for additional services:

6.1 The use of forums and similar community services

a. No user is allowed to use information he or she made available to third parties via forums, chats or other means of communication to violate law, accepted conventions or  to violate rights of third parties (right to a name, law of labeling, copyright, privacy and data protection etc.),using the services of the WorldPioneers travel smarter GmbH. Users are especially prohibited  to distribute direct or indirect pornographic  content, content glorifying violence or content that can be attributed to the incitement of the people. Also posting felonies or invoking felonies and tutorials on how to commit these and the violation of political and religious conviction of third parties are strictly prohibited. For all users taking advantage of the services provided by the WorldPioneers travel smarter GmbH and its affiliates these specifications are binding and the Worldpioneers travel smarter GmbH preserves the right to decide what content contradicts the preceding specifications and to alter or erase this content consequently.

The WorldPioneers travel smarter GmbH is not obliged and not able to appropriately check the rightfulness of the publicized content uploaded by the users, will however preserve the right to check content and to implement random examination. The responsibility for thoughtful and responsive conduct of the preceding specifications rests with the users of the services as provided by the WorldPioneers travel smarter GmbH.

b. Uploading pictures, videos or text the user permits the WorldPioneers travel smarter GmbH free of charge to save the material for an indefinite time, allow public access, public download and to advertise in online and print media. Within the advertisements certain parts of the content can be highlighted and evaluated or rated. All pictures can be watched by other users, downloaded and saved to their respective computers for private purposes. Further usage, especially for commercial purposes of pictures, text or videos is, according to law, only possible with the approval of the author or originator and if applicable with the permission of the persons portrayed.

It’s to the sole responsibility of every single user to acquire the respective rights of videos or pictures to be upload and used as part of the services of the WorldPioneers travel smarter GmbH. Normally these rights do only belong to the user if he or she has taken the pictures or shot the videos himself or herself or he or she is entitled by the creator and all people portrayed to use these. Also portrayed objects (e.g. famous sights, art) may be bound to rights of a third party so that the approval of the creator is compulsory as well. The circumstances and clarification of possible exceptions with respect to needed consents is the responsibility of the user and not part of the duties of the WorldPioneers travel smarter GmbH.

c. In case of violations of the user’s terms and conditions the WorldPioneers travel smarter GmbH is entitled to temporarily or permanently except users from the usage of the provided services and may further delete uploaded or publicized content. In case of culpably violations against the terms presented in 6.1 and 6.2 the user exempts/releases the WorldPioneers travel smarter GmbH, its legal agents and/or vicarious agents from all possible claims of a third party (whose rights were violated) resulting from these violations.

d. The WorldPioneers travel smarter GmbH can at any time decide to partly or was a whole terminate services, to offer these services against charges in future or to modify these. By no means   can a user claim for compensation or recourses in case of deletion of his or her uploaded pictures and videos. The user is rather obliged to take care of the data backup himself or herself.
e. Moreover the general terms and conditions apply.

6.3 The use of services

a. The user is permitted to download, save and eventually print out the information or data that was made accessible to him or her and to use it for non-commercial purposes only. Further duplication, distribution or other usage of the provided information is only permitted in the tight bounds of the copyright law. All rights to the provided information, if not explicitly assigned to the user, remain with the WorldPioneers travel smarter GmbH, alternatively the creators or authors.

b. In case the provided service is faulty or imperfect the WorldPioneers travel smarter GmbH will initially take care of subsequent delivery. The user’s legitimate warranty claims will remain untouched.

c. The information will be provided to the best of WorldPioneers travel smarter GmbH’s knowledge. Accountability for correct content is however only given in the case of wantonly negligent conduct as well as damage resulting from negligent violations of contractual duties. In the latter case accountability is confined to the damage typically predictable at the time of conclusion of the contract. With respect to personal damage and the Product Liability Act accountability is not limited. The preceding limitation of liability or accountability does also hold for breaches of duty by legal agents or vicarious agents of the WorldPioneers travel smarter GmbH. It must be explicitly mentioned that the subject of the contract is solely the provision of information in its existing form, not the creation, maintenance or provision of advice about information.


d. Moreover the general terms and conditions apply.


6. Final clause
The only jurisdiction for all disputes concerning this contract is Berlin, provided the user is a merchandiser or he or she has no jurisdiction in his or her respective country; this holds also for the case, where the user has moved his or her residence out of Germany after the finalization of the contract or if the residence is not known at the time of indictment.

The finalized contracts by the WorldPioneers travel smarter GmbH built on the ground of the general terms and conditions and the resulting claims irrespective of what kind hold solely for the law of the Bundesrepublik Deutschland, to the exclusion of United Nations Convention on Contracts for the International Sale of Goods and the German international civil law.
In case the clauses of the general terms and conditions are or become partly or completely invalid the remaining clauses remain untouched. Moreover for every invalid clause there will be a respective or at least close ersatz-clause, as agreed upon by the involved parties aiming at the original result, as if not being aware of the invalidity of the clauses. The same holds in the case of incompleteness.


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