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Terms and Conditions of Use for the Website onlinecontest.org

 

  1. Scope of Application
    The following terms and conditions of use for the website onlinecontest.org (hereinafter referred to as the “Terms of Use”) regulate the use of the website onlinecontest.org and the telemedia services provided through and in connection with this website (hereinafter collectively referred to as the „Services“) by Segelflugszene gGmbH, Hohensteinstraße 12, 91217 Hersbruck (hereinafter referred to as the “Provider”).
     
  2. Use and Availability of the Services; Security Requirements
    The use of the Services is open to any person (hereinafter referred to as the “User”), domestic or abroad, who wishes to publish data on glide flying and related sporting events. All Users shall be responsible for ensuring that they are entitled to effecting any publications they may effect using the Services. All Users shall keep their access credentials for the Services secret and shall not disclose them to third parties. The Provider shall be entitled to ban any User who breaches the Terms of Use or misuses the Services from further use of the Services. The Provider does not warrant nor guarantee the continuous or otherwise uninterrupted and error-free availability of the Services. The Provider uses certain programming methods and algorithms for the purpose of automatic analysis and interpretation and does not guarantee nor warrant that these methods and algorithms will function without error in all cases.
     
  3. Minimum Data required of the Users
    All Users wishing to submit flight data must identify themselves with their true names, their dates of birth, and their valid e-mail addresses. Where the Provider detects such data to be false, the Provider may delete the data of the affected User in whole or in part and may ban the User from further use of the Services.
     
  4. Submission of Flight Data by the User and Analyses
    The Users may submit flight data individually or by means of collective submission. The user may submit flight data for a single flight or as part of a contest which will be analysed by means of the Services. The User may submit flight data only if he consents to the processing and use of the flight data as detailed in the data protection statement. The flight data submitted by the User on a per-case basis shall be dependent on the type of the flight to be submitted and, where applicable, the type of the contest. The flight data may be analysed individually or through multiple analyses; where the analysis is performed within the framework of a contest, the analysis shall be governed by the set of rules applicable thereto. Flight data submitted by a User will be included in all analyses offered, insofar as such flight data is permitted and qualifies for such analyses; this shall include, but not be limited to, new analyses not offered at the time of submission of the flight data. All analysis results will be retrievable world-wide.
     
  5. Type of Contests covered
    Glide flying contests whose results may be submitted to and analysed through the Services shall include, but not be limited to, contests conducted by Segelflugszene gGmbH, contests conducted by an association organised on a national level, internationally conducted contests, and other sporting and sporting-political contests. The participation in the individual contests, the submission of the results, and the determination of the winners shall be governed solely by the rules imposed by the organization orchestrating the contest. The analyses of the results by means of the Services shall not be subject to legal recourse. Where a participant desires to have his results corrected in accordance with the applicable rules, the participant shall use such recourse as may be available pursuant to the applicable rules of the contest; the Provider will implement the result of such recourse.
     
  6. Promotion of Responsible Behaviour by the Participants
    The Provider pursues the goal of public good of promoting airborne sports and a behaviour of the Users which, in exercising such airborne sports, complies with the applicable rules and regulations. The Provider calls upon all Users to, at all times, act reasonably and comply with the applicable air traffic legislation in all competitive situations and to not endanger their own safety and the safety of others for the sake of attaining as good as possible a result. Where the Provider, from a notification by an air traffic supervisory authority or an airborne sports association, gains secured knowledge of the fact that a User, has, within or outside a competition, attained a reported result of a flight by violating air traffic legislation or by irresponsibly handling his aircraft, the Provider shall be entitled to removing the User’s data for the affected flight from the Services, and the Provider shall be entitled to banning the User from further use of the Services. The User shall be responsible for the use of his aircraft and all consequences arising therefrom, in accordance with the statutory regulations.
     
  7. User Rights
    A User submitting flight data grants to the Provider a non-exclusive, irrevocable, transferable, sublicenseable user right, free of charge, as to the flight data for the purpose of analysis and presentation. Where the User submits flight data on behalf of third parties, the User shall ensure he is entitled to grant to the Provider the user rights on behalf of such third party. Through the submission of flight data to the Services, the User shall not be prevented from using his flight data in any other way. The regulations on the processing and use of personal data shall remain unaffected. The Provider grants to all Users a non-exclusive, non-transferable, and non-sublicenseable user right, revocable only in case of breach of the Terms of Use, to use the data contained in the Services solely for their own purposes; this user right expressly excludes the retrieval of flight data of other Users for the purpose of making such data available on other competition platforms.
     
  8. Excessive Use of the Services
    The User shall be regularly permitted to retrieve up to ten analysis files per calendar day (such amount hereinafter referred to as “Reasonable Use”). Upon exceeding this limit, any further retrieval of analysis files will be prevented for the remainder of the calendar day. Further restrictions may be imposed if the stipulated limit is repeatedly exceeded. The User shall not circumvent, nor attempt to circumvent, the limitation relating to Reasonable Use through technical means or otherwise.
     
  9. Relationship to External Third Parties and Partners
    Where the Provider uses a partner or external third party to conduct the contest, the Provider shall identify such third party.
     
  10. Limitation of Liability
    The Provider shall be liable for damage caused through willful or grossly negligent breach of the Terms of Use, and for damage resulting from negligent breach of essential contractual obligations. In case of negligent breach of essential contractual obligations, the liability of the Provider shall be limited to the damage typically foreseeable at the time the agreement is established. The Provider’s right to assert the defence of contributory negligence on the part of the User shall remain unaffected. The statutory liability of the Provider in case of personal damage and in accordance with the German Product Liability Act (“Produkthaftungsgesetz”), and, where the Provider is subject to mandatory liability, in case of breach of data protection regulations, shall remain unaffected. The limitation of liability set forth herein shall apply also to breaches by the Provider’s directors, officers, and vicarious agents.
     
  11. Promotion of sportive cooperation
    All Users are conjoined in and by their common interest in airborne sports and will - promoted by and in accordance with their aviation training - act with a high degree of responsibility. They are conscious of the fact that in aviation, even more than in other types of sports, a collegial and businesslike cooperation, supported by mutual appreciation, their common advocacy for airborne sports, and the achievement of a beneficial cooperation are of paramount importance, and, indeed, constitute the very spirit of aviation as such. All Users will therefore avoid any impertinent behaviour and inappropriate reactions to impairments, whether they be perceived or real. Users infringing upon these basic principles in an egregious manner and/or repeatedly may have their results removed from the Services and may be banned from being included in future results publications.
     
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