Terms and Conditions

Controller

TouriSpo GmbH & Co. KG
Ebenäcker 2a
D-94121 Salzweg
Germany

1. Copyright

The content and works published on this website are governed by the copyright laws of Germany. Any duplication, processing, distribution or any form of utilisation beyond the scope of copyright law shall require the prior written consent of the author or authors in question.
All content of all websites provided by TouriSpo GmbH & Co. KG, i.e. www.tourispo.com, www.skigebiete-test.de, and www.snow-online.com, are copyright- protected. Unauthorised usage or reproduction can be prosecuted under civil and criminal law.

Any data, graphics and information serve the mere purpose of providing information. It is not permitted, not even in extracts, to produce unauthorised copies and/ or for further usage.

Any kind of copying or further usage of excerpts on other websites may result in a claim of damages.

The external usage of texts, images, video footage and data requires an affirmation by and can only be allowed after consultation with TouriSpo GmbH & Co. KG.

Copyright and other relevant intellectual property rights exist on all texts relating to the services of TouriSpo GmbH & Co. KG and the full content of this website.

The TouriSpo GmbH & Co. KG logo is a registered trademark of this company. The brand names and specific services of this company featured on this website are trade marked.

2. Liability (according to the German Telemedia Act § 10)

German Telemedia Act section 10: Storage of Information
Service providers shall not be responsible for the information of third parties which they store for a recipient of a service, as long as
1. they have no knowledge of the illegal activity or the information and, as regards claims for damages, are not aware of any facts or circumstances from which the illegal activity or the information is apparent, or
2. upon obtaining such knowledge, have acted expeditiously to remove the information or to disable access to it.
Sentence 1 shall not apply when the recipient of the service is acting under the authority or
control of the service provider.

TouriSpo GmbH & Co. KG is an internet platform accepting no liability and warranty for the correctness and legality of the displayed content on the website, such as hikes, cycling tours, sights, lakes, spas etc. Due to the vast amount of content being uploaded on www.snow-online.com, TouriSpo GmbH & Co. KG is unable to keep track of every entry, let alone control the entire content.

Anyone undertaking a tour is entirely responsible for themselves, in particular for the choice of trails, hazard assessment and identification (especially in Alpine regions), and assessment of their personal performance capability and orientation. Participating in tours is always carried out at the participant's own risk. This is especially valid when using GPS tracks. Local regulations need to be obeyed in any case as circumstances and conditions on-site might change through natural events or dead end roads.

Anyone entering tourist content on www.snow-online.com assures that - to the best of one's knowledge and belief - all content, images and footage are legal, i.e. permitted by law, and free of third-party rights, but do not assume responsibility and no liability for the entries being correct or accurate. Any liability for damages or loss of any kind resulting from the usage of content on the websites provided by the TouriSpo GmbH & Co. KG is disclaimed by all authors as well as the TouriSpo GmbH & Co. KG.

TouriSpo GmbH & Co. KG reserves the right to alter all websites or delete them entirely at any time and cannot be held liable in the case of any unauthorised use of the system or forwarding of footage.

TouriSpo GmbH & Co. KG cannot be held liable for the accurate operation and functionality of webcams presented on www.snow-online.com. Upon presenting the webcams on www.snow-online.com all partners (i.e. tourist associations, mountain railways, lodges, hotels, webcam partner enterprises etc.) agree on TouriSpo GmbH & Co. KG to saving webcam images.

As regards direct or indirect references to external websites (“hyperlinks”), which are outside the area of responsibility of the TouriSpo GmbH & Co. KG, liability would only be assumed if the author had knowledge of content and if it was technically possible and feasible to prevent their use in case of illegal content.

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. TouriSpo GmbH & Co. KG will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
TouriSpo GmbH & Co. KG is not responsible for any contents linked or referred to from its pages – unless we have full knowledge of illegal contents and would be able to prevent the visitors of our website from viewing those pages. If any damage occurs by the use of information presented there, only the author of the respective pages will be held liable, not the one linking to these pages.

TouriSpo GmbH & Co. KG explicitly declares that at the time of linking the page there was no illegal content to be noticed on the page to be linked. TouriSpo GmbH & Co. KG has no influence on the current and future design, contents or the copyright of the page to be linked. Therefore, we would like to expressively distance ourselves from all contents of all web pages that are linked and were altered after linking. This is valid for all links that are placed on any of our online platforms.
This declaration applies to all links and references introduced within the scope of our own internet services as well as to third-party entries on the website www.snow-online.com. Liability for illegal, errorneous or incomplete contents, and in particular for any damage resulting from the use or non-use of information presented in this manner, lies exclusively with the provider of the website to which reference is made and not with the party merely referring to such published material by means of links.
No liability will be accepted by the party which merely refers to such a website via a link.
Should you come across an external link that contains content or design that warrants address or if the supplied web address does not work, then please inform us via email of this problem so that we can check the displayed link at: support@tourispo.com.
Regardless of time and duration, the TouriSpo GmbH & Co. KG accepts no liability whatsoever for server-related failures.
TouriSpo GmbH & Co. KG prepares the content of these internet pages with great care and ensures they are regularly updated. Any particulars are given for the purposes of general and non-binding information only and do not take the place of detailed individual advice regarding a decision to purchase. Technical characteristics and performance values are merely examples. Technical characteristics and performance values may vary depending on individual use. TouriSpo GmbH & Co. KG reserves the right to make changes at any time. Definitive and binding details of technical characteristics and performance values will only be given with a corresponding offer.

TouriSpo GmbH & Co. KG offers no guarantee that the information on this site will be up-to-date, correct or complete, nor does our company guarantee trouble-free access at any time. References and links on third party websites do not indicate that the service provider adopts any content of these sites behind the links. Any content of such sites does not establish a responsibility of the service provider for data and information which they may contain, except where the service provider is aware of their content and it is technically possible and reasonable to prevent the use of the links in the case of illegal content.

TouriSpo GmbH & Co. KG has no influence on the content of sites behind any links and is therefore not liable for any illegal, incorrect or incomplete content nor for damages which may have been caused by the use of any content behind the link.

3. Registration

Registering on and using www.snow-online.com is generally free of charge. The TouriSpo GmbH & Co. KG reserves the right to alter the general terms and conditions at any time in the future. TouriSpo GmbH & Co. KG will inform every user about the changes or amendments with a minimum of two weeks in advance from the date of coming into force.
Prior to using the full scope of www.snow-online.com, you need to get successfully registered. In the course of registration, it is indispensable to agree with and accept the General Terms and Conditions of TouriSpo GmbH & Co. KG, otherwise you will not be able to register.
Upon registering, all users need to enter certain data (e.g. email address etc.). Subsequently, it is possible to enter further personal data which will be treated carefully by TouriSpo GmbH & Co. KG according to the valid Data Protection Regulations on www.snow-online.com.
You agree to provide true, accurate, current and complete information about yourself and your organization, as applicable, as requested in the registration form and elsewhere on the site, and agree to update such information in the case of any changes. The user comfirms due the regristration that he/she is at least 16 years old or obtains the parents permission.

4. Content

TouriSpo GmbH Co. KG may provide links to other websites as a convenience for its site and social networks users and is therefore not responsible for the content of these other websites, and it does not endorse, warrant or guarantee the products or services described or offered in these other websites.
TouriSpo GmbH & Co. KG reserves the right to instantly delete or edit any content breaching the law, third-party rights or generally transgressing standards of public decency. The legal term “contents” includes in this case especially texts, messages, software, music, videos, links, images and any other kind of data that is published on or distributed via www.snow-online.com. The following examples of inappropriate contents are strictly prohibited.
You may submit content, including text, images, photographs and videos to the www.snow-online.com, provided that you abide by these common sense rules:

4.1 Prohibited Graphics and Images

TouriSpo GmbH & Co. KG expressively reserves the right to prohibit the publishing of graphics and images that are of pornographic, fascist, racist or any other kind of inappropriate and immoral content on www.snow-online.com.
Think twice before you publish. Would you want your family, friends, colleagues, or others to read or see the content you post? Keep in mind that even if original content can be deleted, the content that is shared and distributed through an array of channels can be reposted, searched, and found on the internet.

4.2 Copyright of Content

It is critical that you show proper respect for the law generally, and specifically for the laws governing copyright and fair use of copyrighted material. You should not quote more than short excerpts from someone else’s work. It is good general practice to link to others’ work. Use appropriate symbols to mark the first appearance of trademarked terms in your content. Do not post images, music or other copyrighted content unless you own them or have permission from the owner to display such content in this context. Keep in mind that the laws may differ depending on where you live.

4.3 Incitement of the People (Demagoguery)

TouriSpo GmbH & Co. KG strictly forbids to distribute and present content on www.snow-online.com that promotes hatred not only against certain groups of people, but also against anyone. Any form of incitement of the people cannot be tolerated under any circumstances by the TouriSpo GmbH & Co. KG. Also, content that helps distribute and promote propaganda of anti-constitutional organisations cannot be tolerated, either, and is therefore strictly prohibited on www.snow-online.com.

4.4 Offensive Communication

The use of vulgar, abusive or hate-promoting language is prohibited. Upon using vulgar and abusive language, you may receive a warning. This is also true for terms expressed through the medium of symbols and signs. In extreme cases, though, your membership will be cancelled with immediate effect. A warning displays that your language is not conform with the regulations of www.snow-online.com.
Be respectful of others’ opinions and beliefs. Use common courtesy when posting content: refrain from abusive, obscene, or offensive language, images, or links. Do not post content from, or links to, internet sites that feature sexual content, gambling, or that advocate intolerance of others; and do not create such content on www.snow-online.com.

4.5 Harassment

It is strictly forbidden to any user registered with TouriSpo GmbH & Co. KG to molest or harass other users. Harassment is considered if a user approaches another user or a group of other users in any inappropriate manner, i.e. using communication very much to the annoyance of other users, with particular attention to molesting other users or any other kind of harassment imaginable in the sphere of virtual communication on www.snow-online.com. Harassment of any kind will not be tolerated under any circumstances. TouriSpo GmbH & Co. KG reserves the right to cancel the account of any user molesting or harassing others with immediate effect.

4.6 Identity Fraud

Registering on www.snow-online.com with a false identity is strictly prohibited. Acting as other natural and jurisdictional persons and using their identity is considered a false identity and thus an identity fraud. If a user impersonates an employee of the TouriSpo GmbH & Co. KG or communicates in any way imaginable making it appear as if the communication originates from TouriSpo GmbH & Co. KG is considered identity fraud. Equally, the same is true for tourist associations, other enterprises presenting themselves using another identity affecting, in particular, member profiles and screen names.

4.7 Communication

To ensure the previously listed regulations can be monitored, the lingua franca of any communication can only be carried out in either German or English. Entries in other languages will be immediately deleted by TouriSpo GmbH & Co KG.
TouriSpo GmbH & Co. KG likes to emphasise that a regular validation of to what extent the General Terms and Conditions are respected and obeyed by the users is indispensable and necessary. This has nothing to do with the origin of any user.

4.8 Confidential or Proprietary Information

By posting content to www.snow-online.com, you are agreeing to allow anyone with access to www.snow-online.com to access and use it without restriction, except with regard to any applicable intellectual property rights that you or others may have in such content. You agree that you will not post or transmit material that is confidential or proprietary to you or a third-party.

Be considerate of others’ privacy, do not reference another without their permission.

5. Disclaimer

With all legal relationships originating in using www.snow-online.com, the law of the Federal Republic of Germany shall apply as long as there are no regulations protecting consumers.
Should one of the regulations of our General Terms and Conditions prove to be invalid, the validity of the remaining regulations shall not be affected.
Provided the user is a business owner, a legal person governed by public law or legal entity under public law or a special fund under public law or the user has no general place of jurisdiction in Germany or residence or a general stay or after the contract is concluded the user has moved his domicile or normal place of residence (out of the area of application of the law) is not known by the time the complaint is filed, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is the headquarters of the TouriSpo GmbH & Co. KG in D-94121 Salzweg, Germany. This should not prevent the TouriSpo GmbH & Co. KG to file at the common place of jurisdiction of the user.

5.1 Exclusions and Limitation

The information on this website is provided on an “as is” basis. To the fullest extent permitted by law, the TouriSpo GmbH & Co. KG:

- excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the company’s literature; and

- excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

The TouriSpo GmbH & Co. KG does not, however, exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

5.2 Limitation of Liability for Internal Content

The content of our website has been compiled with meticulous care and to the best of our knowledge. However, we cannot assume any liability for the up-to-dateness, completeness or accuracy of any of the pages.
Pursuant to section 7, para. 1 of the TMG (Telemediengesetz – Tele Media Act by German law), we as service providers are liable for our own content on these pages in accordance with general laws. However, pursuant to sections 8 to 10 of the TMG, we as service providers are not under obligation to monitor external information provided or stored on our website. Once we have become aware of a specific infringement of the law, we will immediately remove the content in question. Any liability concerning this matter can only be assumed from the point in time at which the infringement becomes known to us.

5.3 Limitation of Liability for External Links

Our website contains links to the websites of third parties (“external links”). As the content of these websites is not under our control, we cannot assume any liability for such external content. In all cases, the provider of information of the linked websites is liable for the content and accuracy of the information provided. At the point in time when the links were placed, no infringements of the law were recognisable to us. As soon as an infringement of the law becomes known to us, we will immediately remove the link in question.

6.Availability

Unless otherwise stated, the services featured on this website are only available within Germany, or in relation to postings from Germany. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the company. The company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

7. Waiver

Failure of either party to insist upon strict performance of any provision of this or any Agreement or the failure of either party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both parties.

The laws of the Federal Republic of Germany govern these terms and conditions. By accessing www.tourispo.com, www.snow-online.com, www.skigebiete-test.de and/ or www.snow-online.de and using our services you consent to these General Terms and Conditions and to the exclusive jurisdiction of the German courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of TouriSpo GmbH & Co. KG to enforce any of the provisions set out in these General Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these General Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of TouriSpo GmbH & Co. KG.

8. Notification of Changes

TouriSpo GmbH & Co. KG reserves the right to change its General Terms and Conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ personally identifiable information, notification by email will be made to those affected by this change. You will be notified about any changes to our General Terms and Conditions via email or posting on our website 14 days prior to these changes coming into effect. You are therefore advised to re-read this statement on a regular basis.

9. International Use

In recognition of the global nature of the internet, you agree to comply with all local rules where you reside or your organization is located regarding online activities, email and our site. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from Germany or the country in which you reside. The site www.snow-online.com is controlled and operated by us from our office in Germany and we make no representation that the website is appropriate or available for use in other locations. Those who access the site from other locations do so at their own initiative and risk, and are fully responsible for compliance with all applicable laws in those locations. We do not offer our website where prohibited by law.

10 .Use of Widgets

TouriSpo GmbH & Co. KG grants you the non-exclusive right to use the widgets on your website free of charge.

The widgets' HTML code must be retained as provided by TouriSpo GmbH & Co. KG. TouriSpo GmbH & Co. KG reserves the right to limit, stop or cancel the access to the offered widgets and to modify its existing content.

You may not change any of the external links. You have to make sure that all external links are fully integrated and fully functional. You may not - neither in direct nor indirect involvement:

- sell, change, translate, copy, publish, negotiate, market, provide, lend, distribute or otherwise make our service or part of our service available.

- delete or suppress the display of our advertising links.

- misuse someone else's identity in order to make your users feel as if this person is the provider of the widgets.

- use the service on a website with illegal content. The widgets may only be downloaded and viewable on safe websites.

11. Final Note

These General Terms and Conditions form part of the Agreement between you, the user, and ourselves, TouriSpo GmbH & Co. KG. Your accessing of this website and Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full General Terms and Conditions contained herein.

Your statutory Consumer Rights remain unaffected.