MC TUR Rundt om Berlin

Copyright (c) 2009 Tourstart ApS and its legal partners. All rights reserved. The following conditions apply to all code found on and used on Tourstart web pages.

Redistribution in any form and use in source and binary forms, with or without modifications, are not permitted in any case.

Further, it is not permitted to:
1. Distribution of source code.
2. Distribution in binary form.
3. Copy any source code whole or part hereof for any use

THIS SOFTWARE IS PROVIDED BY TOURSTART “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED ARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.
IN NO EVENT SHALL TOURSTART OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.


Tourstart ApS
Loevet Moellevej 6
DK-8740 Baedstrup
CVR: 3054 3645
info@tourstart.org

General
Tourstart ApS is a Danish company and is responsible for the websites Tourstart and Touringstart – hereafter called Tourstart-, and is committed to protect your privacy and security.

All details you may supply to Tourstart with your on-line activities is protected to the extent that we will follow appropriate security procedures in the storage of the personal information, as to prevent unauthorised access by third parties. The information will be safeguarded by current law as well.

Terms for use of Tourstart
Below terms will apply to any action you make through this website:
• Terms & Conditions General
• Terms & Conditions for Advertiser
• Terms & Conditions for User
• Disclaimer

Data sharing
We will only ever pass information of your personal details to third parties to enable the fulfilment of the advertisement package which you have selected. However, we also require those parties to whom we may transfer personal information to comply with the same.
As the internet is not a totally secure medium, and you acknowledge and agree that Tourstart shall not be responsible for any unauthorised use, distribution or destruction of the personal data, except to the extend we are required to accept such responsibility by the current law. We may provide statistics about users, sales, traffic pattern and related site info about you from which you could be identified.

International sites and conditions
As the Tourstartsites are in many countries, the information you supply may be shared with other Tourstart sites within the Tourstart.
Also notice that countries outside EU may not have the same level of protection as the countries inside the EU, but we always demand those parties to whom we may transfer data to the same security procedures and security levels that we follow ourselves.

E-mail and SMS
When you register with your site we ask you whether you will like to receive our e-mail newsletter detailing changes to the site, offers, notifications and services from third party companies via e-mail and/or SMS that we feel may be of interest to you.

Collection of information
In order to get full access to Tourstart web sites services, you will need to register. We will require you to supply your name, e-mail address, postal address and postal code. As with regards to sponsor adverts you will be required to supply payment details and your company registration identity. Any credit card information is handled over a secure connection.
We need to collect the personal information in order to authenticate your identity and to provide you with the services. By submitting your personal information, you consent to such processing in connection with your actions, offers and services and for any other purposes to which you consent at the time you provide the information.

Amendments and updates to this policy may be made from time to time. Any revisions will be posted on Tourstartweb pages, without any notice, enabling you to stay updated and aware of the information we collect and how it is handled.

We have taken measures to ensure that information supplied to us is help securely. As a consequence we may occasionally request proof of identity to your personal information and services provided.

User uploaded content
Bear in mind that any personal information uploaded by users into any activity, tour description, forum or similar, is not protected by Tourstart and will immediately be made available to users throughout the world who may use it to send you unsolicited communications. In some circumstances we may display some of your personal information – name data –when you post material to the website.

Cookies
We want to provide you with a personalised service when browsing our website. This is done via issuing a cookie or unique identification code, that enables us to recognise your computer, your previously visit to the site, ascertain the most popular features on the site and store setting to help facilitate your use of our site. Cookies are stored by your browser on your computer´s hard drive. You are not obliged to accept cookies, and you need to enable this in your browser. You can disable the cookies, please follow the browser supplier’s recommendations.
Be aware in case you disable the cookies, certain services on this website may not be available to you and your enjoyment of the website may be impaired.

Third party
Any links you follow from Tourstart website we have no control over. Further, advertisements appearing on the website may be posted by third parties who may use their own cookies and have their own privacy policy. When linking to another website you should read the privacy policy stated on that website. This privacy policy covers the use made of cookies, privacy information data and services used by Tourstart and does not cover the use made of these by third party.

Miscellaneous
Subject to what is said below Tourstart shall not be liable to you of any other party claiming through you for indirect, incidental, special or consequential damages arising out of, or relating to this contract whether framed as a breach of warranty, in tort, contract, failure or essential purpose, or otherwise. Subject to what is said b elow in no event shall Tourstart´s liability to exceed the fee paid by you for posting the advertisement.

No clause in these Terms and Conditions shall serve to exclude or limit either party´s liability for fraudulent misrepresentation of death or personal injury ariaing out of negligence.

Any agreement formed on these terms and conditions is personal to you. Nothing in these terms and conditions shall give a person who is not a party to this Agreement any rights to enforce any of its items.

Tourstart’s failure to exercise or enforce any of its rights will not be deemed to be a waiver of such rights nor by their exercise or enforcement in future.

NOTE
Should you not agree with these Terms & Conditions, you should not make use of this website. Tourstart reserves the right to make amendments or additions to these and other Terms and Conditions at any time.
By using Tourstart web sites, you accept and are bound to all the Terms and Conditions herein and any amendments and additions to it.

Comments
Should you have any comments or queries about our Privacy Policy or any information protection we hold about you, please feel free to contact Tourstart on our address:


Tourstart ApS
Loevet Moellevej 6
DK-8740 Braedstrup
CVR 3054 3645
info@tourstart.org

General
Tourstart ApS is a Danish company and is responsible for the websites Tourstart and Touringstart – hereafter called Tourstart-, and is committed to protect your privacy and security.
All details you may supply to Tourstart with your on-line activities is protected to the extent that we will follow appropriate security procedures in the storage of the personal information, as to prevent unauthorised access by third parties. The information will be safeguarded by current law as well.

Terms for use of Tourstart
Below terms will apply to any action you make through this website:
• Terms & Conditions General
• Terms & Conditions for Advertiser
• Terms & Conditions for User
• Disclaimer

Copyright
The copyright and all other rights in the material on this web site are owned by us or are included with the permission of the owner of the rights. As a visitor to this website, you may download a single copy of the material on this website on a single computer or PDA for your own private viewing purpose only. Single copies of pages from this website may be printed out for the sole purposes of enabling the person printing the page to retain a copy for their own personal records. No copying of distribution of material on the website for commercial or business use is permitted without our prior written consent. No photography, filming, broadcast, alteration or modification of the pages of this website is permitted without our prior written consent except as may be reasonable necessary to use the website. Subject to this paragraph, all rights in material on this website are reserved to Tourstart.

Terms and conditions for web site use
The Tourstart services allows you to eg use, share, advertise, upload and download information to and from Tourstart web sites. These Terms and conditions form an integral part of the General Terms and Conditions for use of Tourstart services, and by using the Tourstart websites you accept all Terms and Conditions for any current and future use of the Tourstart.

Prohibited use
You agree not to use this website to create an electronic database or otherwise that includes material downloaded or otherwise obtained from the website except where expressly permitted on the website. Also you agree not to re-circulate any material obtained from this website to any third party except where expressly permitted, remove the copyright or trade mark sign or in any way to act an any way that might infringe third parties rights or bring Tourstart into disrepute.

User submitted contentv
If you send any text, images, audio or other content to this website you accept that the files sent become the sole property of Tourstart and we shall have the right to use that content throughout the world in all known and discovered mediums and for all purposes and we shall have the right to make it available to the public on this website and otherwise. All material must comply with all rules and terms and conditions made by Tourstart and local governmental rules and conditions. We may require you to confirm the rights granted in this paragraph and where requested to do so you shall provide all reasonable assistance to us.

Information and availability
Information supplied by third party might not be checked for its accuracy or completeness. You are advised to verify the accuracy of any information before relying on it. Further, due to the inherent nature of the internet, errors, interruptions and delays may occur in the services at any time. Accordingly, this website is provided on an “as is” and “as available” basis without any warranties of any kind and we do not accept any liability arising from any inaccuracy or omission in the information or interruption in availability.

Reliance
Tourstart withhold no reliance for the content on the web sites, as the information published not necessarily reflect the views and opinions of Tourstart or any of its web sites. Neither should any suggestions or advice contained on websites from Tourstart be relied on in place of professional advices. You are responsible for checking the accuracy of relevant facts, instructions, suggestions, and/or opinions given on this website before entering into any commitment based upon them.

Website links
Tourstart welcomes link to our webpage, but only links direct to the main index page (Main Page). You are not allowed to display the content of our website (or any pages from it) or allow it to be displayed surrounded or framed or otherwise surrounded by material not originating from us without our written consent. If you will like to license our material, please feel free to contact us. On this website you may be offered automatic links to other websites. Whilst we hope you will be interested in those websites, you acknowledge that their owners may be independent from us, and we do not accept and responsibility for their content.

Computer viruses
We will use reasonable endeavours to ensure that the website does not contain or promulgate any viruses or malicious code. However, it is recommended that you should virus check all material downloaded from the website and regularly check for the presence of viruses and other malicious code. We exclude to the fullest extent permitted by applicable law all liability in connection with any damages or loss caused by computer viruses or other malicious code originating or contracted from the web site.

Trademark
Tourstart, TouringStart and TourenStart are trademarks of Tourstart ApS, which may be registered in certain jurisdictions.

Registration
On certain parts on the web site, you may be requested to register to make full benefit of the services provided. The information is about yourself and by informing of this, you agree to provide true, accurate, current, and complete information about yourself as prompted by the relevant registration form.

Username and password
The registration processes on this website will involve you being allocated with a unique username and password that gives you access to your website account. You are responsible for maintaining the confidentiality of your username and password, and you are fully responsible for all activities that occur through your website account.
You agree to immediately notify us if you become aware of any unauthorised use of your password or website account or any breach of security by sending a worded mail to info@tourstart.org and ensure that you exit from your website account at the end of each session. We cannot and will not be liable for any loss or damages arising from your failure to comply with these agreements.

Acceptable use
Any reviews or content submitted by users in any pages on this site where you are capable of posting material are provided for your private and non-commercial use and for the exchange of lawful, relevant, fair and appropriate information, opinions and comment. Use of the website that is inconsistent with those stated purposes is strictly prohibited. Your use of these forums and the website in generally is subject to the following terms which, by your use of the website, you are deemed to accept. You accept obey the following prohibited acts:
• You may not use obscene or offensive language
• You may not create a false identity for any purposev • You may not place on the website any material which is defamatory, abusive, discriminatory or hateful or which applauds, encourages or entices abuse, discrimination or hate.
• You may not post any material on the website which has been disclosed to you in confidence or which, by its nature, is confidential
• You may not post any material on the website which compromises the privacy or security of any other then yourself
• You may not place on the website any material which may encourage criminal conduct or which may give rise to civil liability, or which is otherwise unlawful
• You may not place on the website any material belonging to any person (or any material where the rights belong to any person) other then yourseld without the prior written consent of the owner of it
• You may not place on the website any material where the use by Tourstart, or any thied party licensed or permitted by Tourstart, will give rise to any third party claims
• You may not place any links on the website where those links take users to unlawful material or material that contravenes these rules of Acceptable Use
• You may not place on the website advertisements nor make commercial solicitations nor make use the website for any commercial purposes without an agreement with Tourstart • You may not place on the website any material that authorises, enables or encourages the dissemination of junk mail or chain letters
• You grant Tourstart the unrestricted right to use, reproduce, translate and distribut any material you place on the website
• Tourstart do have the right at our sole discretion to review, edit, move or delete any material submitted to our website
• Tourstart accepts no responsibility for any statements, material or other submissions placed on our website by you or any third party, or for any loss or damage resuling from your breach of these rules of Acceptable Use
• You agree to indemnify Tourstart, its associated companies and its representatives and employees from any and all claims and liabilities (including legal fees) which may arise from your statement, contributions or other submissions to our website from any unauthorised use of material obtained from our online forums or otherwise from your breach of our rules of Acceptable Use.

Removal of content
Should you not obey the rules for Accaptable use on the website, we shall have the right at our sole discretion to refuse or remove any content that is posted to, or available on, the website whithout the need to give any reason for doing so.

Content objection
If you object to the publication of any material on our website, please let us know by sending mail to info@tourstart.org and we will take whatever action we deem appropriate.

Variation of Terms & Conditions
Tourstart reserves the right to vary these Terms & Conditions from time to time. Such variations become effective immediately upon posting of the varied Terms & Conditions on the website. By continuing to use the website you will be deemed to accept such variations.

General
Nothing in these Terms & Conditons shall restrict of exclude any liability that we have to any party which can not be excluded by law and in particular, notwithstanding any Terms & Conditions, our liability for death or personal injury caused by our negligence shall not be limited or excluded in any way.

NOTE
Should you not agree with these Terms & Conditions, you should not make use of this website. Tourstart reserves the right to make amendments or additions to these and other Terms and Conditions at any time.
By using Tourstart web sites, you accept and are bound to all the Terms and Conditions herein and any amendments and additions to it.

Miscellaneous
Subject to what is said below Tourstart shall not be liable to you of any other party claiming through you for indirect, incidential, special or consequential damages arising out of, or relating to this contract whether framed as a breach of warranty, in tort, contract, failure or essential purpose, or otherwise. Subject to what is said b elow in no event shall Tourstart´s liability to exceed the fee paid by you for posting the advertisement.

No clause in these Terms and Conditions shall serve to exclude or limit either party´s liability for fraudulent misrepresentation of death or personal injury ariaing out of negligence.

Any agreement formed on these terms and conditions is personal to you. Nothing in these terms and conditions shall give a person who is not a party to this Agreement any rights to enforce any of its items.

Tourstart’s failure to exercise or enforce any of its rights will not be deemed to be a waiver of such rights nor by their exercise or enforcement in future.

Comments
Should you have any comments or queries about our Privacy Policy or any information protection we hold about you, please feel free to contact Tourstart on our address:

Tourstart ApS
Loevet Moellevej 6
DK-8740 Braedstrup
CVR: 3054 3645
info@tourstart.org

General
Tourstart Aps is a Danish company and is responsible for the websites Tourstart and Touringstart - hereafter called Tourstart -, and is committed to protect your privacy and security.

All details you may supply to Tourstart with your on-line activities is protected to the extent that we will follow appropriate security procedures in the storage of the personal information, as to prevent unauthorised access by third parties. The information will be safeguarded by current law as well.

Terms for use of Tourstart
Below terms will apply to any action you make through this website:
• Terms & Conditions General
• Terms & Conditions for Advertiser
• Terms & Conditions for User
• Disclaimer

Advertiser definition
Advertiser is defined as any person or company who make use of uploading any material or information to the web sites, whether it is a paid or free service. Advertiser is considered, but not limited to and person using Activity, Tours, Bike club, Sponsored Links, Banner, Text advert and video advert.

Advertiser
The terms covers any advertisement made regards any issue posted via the Tourstart web pages. These terms apply in addition to other terms and conditions for use of the web site, which you are deemed to accept when you post any advertisement on the Site. By making a request for an advertisement to be posted on the web site you are offering your advertisement on the following terms and conditions.

Content of advertisement
All advertisement must comply with the following – but not limited to - terms and conditions: • You warrant that your advertisement is honest and truthful and has been posted in good faith
• You warrant that you own the goods detailed in your advertisement and that you are entitled to offer it for sale
• You warrant that you own the service detailed in your advertisement and that you are entitled to offer it for sale • You warrant that the language and images that you use in any advertisement are not obscene, abusive, hateful, offensive, defamatory or any person of otherwise illegal or which will harass, distress or inconvenience any person or which might restrict or inhibit the use and enjoyment of the web site by any person
• You agree not to post any advertisement which id deliberately intended to upset other users, to breach confidence, to compromise privacy or to process personal data in an unauthorised manner
• You agree not to post any advertisement which may encourage criminal conduct or which may give rise to civil liability, ot to which is otherwise unlawful
• You agree not to place within any advertisement any links where those links take uses to unlawful material or material that contravenes these items
• You agree not to post any advertisement which contravenes the relevant codes of conduct imposed by Advertisement Standards Authority
• You agree not to post, upload or otherwise transmit any advertisement which:
•• Infringes the rights of any person or which is unlawful in any other respect
•• Will compromise the privacy of data protection rights of any person or
•• May bring Tourstart, its legal partners or the site in disrepute
• You agree not to:
•• Post, upload, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “affiliate schemes” or any other so called “business opportunity” or any other form of solicitation or commercial exploitation
•• Post, upload, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment.

You acknowledge that any breach of the terms/warranties given above may cause Tourstart damages or loss and you agree to indemnify Tourstart in full and permanently against any third party liabilities, claims, costs, loss or damage that incurs as a result of publishing material that you submit to it, including consequential losses.
Tourstart may publish and make available to the public by any means and advertisement that you submit, post, upload, email or otherwise transmit to it at their sole discretion and they shall be entitled to make additions or deletions to any such material prior to publication.
Tourstart reserves the right to remove you advertisements completely if it believes that you are abuving the advertisement service in any way.

Property rights
You make a truthful declaration by using the web site and its service that you are the registered user of the goods advertised for sale and/or you are the registered owner of the rights to offer the service/goods for sale.

Miscellaneous
Subject to what is said below Tourstart shall not be liable to you of any other party claiming through you for indirect, incidental, special or consequential damages arising out of, or relating to this contract whether framed as a breach of warranty, in tort, contract, failure or essential purpose, or otherwise. Subject to what is said below in no event shall Tourstart´s liability to exceed the fee paid by you for posting the advertisement.

No clause in these Terms and Conditions shall serve to exclude or limit either party´s liability for fraudulent misrepresentation of death or personal injury arising out of negligence.

Any agreement formed on these terms and conditions is personal to you. Nothing in these terms and conditions shall give a person who is not a party to this Agreement any rights to enforce any of its items.

Tourstart’s failure to exercise or enforce any of its rights will not be deemed to be a waiver of such rights nor by their exercise or enforcement in future.

NOTE
Should you not agree with these Terms & Conditions, you should not make use of this website. Tourstart reserves the right to make amendments or additions to these and other Terms and Conditions at any time.
By using Tourstart web sites, you accept and are bound to all the Terms and Conditions herein and any amendments and additions to it.

Comments
Should you have any comments or queries about our Privacy Policy or any information protection we hold about you, please feel free to contact Tourstart on our address:


Tourstart ApS
Loevet Moellevej 6
DK-8740 Braedstrup
CVR: 3054 3645
info@Tourstart.org

General

Tourstart ApS is a Danish company and is responsible for the websites Tourstart and Touringstart and smartphone app’s – hereafter called Tourstart-, and is committed to protect your privacy and security.

All details you may supply to Tourstart with your on-line activities is protected to the extent that we will follow appropriate security procedures in the storage of the personal information, as to prevent unauthorised access by third parties. The information will be safeguarded by current law as well.

Legal issues

All terms mentioned on "Legal Issues" are valid for the use of Tourstart, such as, but not limited to:

• Disclaimer
• Privacy conditions
• Terms and Conditions
• Advertiser terms and conditions
• EULA
• Purchase conditions

EULA

In order to use the enclosed Tourstart ApS ('Tourstart') Software (the "Software"), you must first agree to the End User Licence Agreement ('EULA') below. You may not use the Software if you do not accept the EULA.

You can accept the EULA by:

• clicking to accept or agree to the EULA, where this option is made available to you by Tourstart in the Software; or
• installing or actually using the Software.

In so doing, you understand and agree that Tourstart will treat your use of the Software as acceptance of the EULA from that point onwards.

• You may not use the Software and may not accept the EULA if:
• You are not of legal age to form a binding contract with Tourstart, or
• You are a person barred from receiving the Software under the laws of the United States or other countries including the country in which you reside or from which you access the Software.

By agreeing to the EULA, you also acknowledge that

• Tourstart is not responsible for any Third Party content;
• the Software may collect and use data for which Tourstart respects privacy rules;
• for some features of the Software, you will need to have wireless internet and data connection enabled on your mobile device (using wireless internet may result in significant data charges from your mobile service provider for which Tourstart is not responsible);
• Tourstart may uses different Third Party map data suppliers; (to check which Map Data EULA applies to your Product, please refer to the "About Screen" of your Software);
• your use of this real time route guidance application is at your sole risk; and
• location data may not be accurate.

When possible Tourstart has provided for your information a translation of the EULA. You agree that the translations are provided for your convenience only and that the English Language shall prevail and always be binding in case of conflict. Tourstart's terms and conditions on Tourstart’s website and any of Tourstart's associated pages are hereby incorporated by reference to the EULA and therefore form a binding agreement. Tourstart regularly update the EULA and the website and encourage you to visit those pages.

Acceptance

Installation or use of the enclosed Software on your device constitutes your acceptance of these terms. If you do not agree to the Terms of Use, you must immediately delete the Software from your device and destroy any copies you made of the Software and of any written materials relating to the Software, and promptly return the Software and, if bought as part of a package, any associated devices.

Licence

Tourstart grants you, as an individual, a non-exclusive, non-transferable right and licence to install and use one copy of the Software on a single device at a time. Your licence to use the Software is subject to you complying with the terms of this Licence. A licence is required for each installation of the Software.

Transfer

You are not allowed to move your Software from one device to another.

Change conditions

Tourstart is entitled to change or add to the EULA and Legal Issues at any time, and is not entitled to give notice about any changes. The latest EULA and Legal Issues are to be found on Tourstart web site.

Anti-Piracy Protection

The Software may include product activation and other technology to prevent unauthorized use and copying. When provided with a Product Key Code, or any other similar mechanism, you will need to activate your Software with the associated method in order to use it. If you try to activate an excessive number of times, the anti Piracy Protection may cause your Software to lock and prevent you from further activating your Software.

Copyright

International treaty provisions and copyright law protect the Software and the data transmitted by the Software. You agree that no title to the intellectual property in the Software or the data is transferred to you. You further acknowledge that title and ownership rights will remain the exclusive property of Tourstart or its licensors, and you will not acquire any rights to the Software or the data except as expressly set out in this licence. You agree that any copies of the Software will contain the same proprietary notices that appear on and in the Software. The Copyright to the Software is held by Tourstart ApS, Løvet Møllevej 6,DK-8740 Brædstrup.

Prohibited Use

Unless you have Tourstart’s prior written permission, you may not

• use, copy, modify, alter, or transfer the Software or accompanying documentation, except as expressly permitted in this Licence;
• translate, disassemble, decompile, or reverse engineer the Software
• sublicense or lease the Software or its documentation; or
• use the Software in a multi-user or networked environment or on a rental basis or in a time-sharing or computer service business.

End-User Remedies

If the Software does not conform to the "Limited Warranty" above, Tourstart’s entire liability and your sole and exclusive remedy will be, at Tourstart’s option, either to

• correct the error, or
• help you work around the error, or
• accept a return and issue a refund through your retailer.

The Limited Warranty is void if failure of the Software has resulted from your fault, abuse, or misapplication. If Tourstart correct an error in the Software for you, then the unexpired portion of the Limited Warranty period as at the date you informed us of the error will apply to the corrected software once you have received the corrected version.

NO OTHER WARRANTIES

EXCEPT AS SET OUT IN THE LIMITED WARRANTY, TOURSTART DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE.

TOURSTART DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE OR THE DATA, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

Some jurisdictions do not allow the exclusion of implied warranties or limits on how long an implied warranty may last, or an exclusion of incidental damages. This means the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights and you may also have other rights depending on your country.

No Liability for indirect loss

In no event will Tourstart be liable to you for any loss of profit, wasted time, lost business or for any incidental, or indirect loss of any kind arising out of the performance or use of the Software or the data, even if Tourstart has been advised of the possibility of such damages.

Privacy

Tourstart reserves the right (which it may from time to time exercise), to collect location based information on a basis that preserves your anonymity. Tourstart may use this information for support purposes, to develop new features and overall to improve the quality of Tourstart’s products and services. You may have the option to opt-out or switch-off of this functionality within the software. Although we aim to restrict the data flow to the minimum, you may incur data charges by using this feature or the Software. Please check with your data subscription charges with your mobile service provider. Roaming may also increase the data charges. Tourstart is not responsible for any subscription or data charges you may occur.

Warning

The Software and the data are only a help for navigation. You must respect locally applicable traffic rules and regulations and use the Software with common sense. The reality observed on the road, and the traffic rules and regulations, always take precedence over the information provided by the Software or the data. You must always control your vehicle, and your speed. You must be able to react properly and execute every appropriate maneuver. You must adopt at all times a prudent and respectful behavior with respect to other vehicles and pedestrians. Tourstart shall not be held responsible for any information provided by the Software including, any map data, traffic data or any route calculation. Your use of this real time route guidance application is at your sole risk. Traffic and Location Data may not be accurate or timely.

Disclosure for optional content displayed in the Licensed Products for additional purchase: Navigation and any other functions are licensed as a subscription service which must be renewed annually for continued use.

Scope of Licence

The license granted to You for the Software is limited to a non-transferable licence to use the Software on any iOS Product that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service. Please refer to the App Store Terms of Service for more information.

Maintenance and Support

Tourstart is solely responsible for providing maintenance and support services with respect of the Software as required under applicable law. Apple has no obligation to furnish any maintenance and supports services with respect to the Software

Warranty

The above warranties apply. In the event of any failure of the Software to conform to the above applicable warranty, You may notify Apple and Tourstart and Tourstart might refund You the purchase price for the Software.

Apple will have no other warranty obligation whatsoever with respect to the Software and any other claims, liabilities, damages, costs or expenses attributable to any failure to conform to the warranty shall be Tourstart’s sole responsibility.

Product Claims

You acknowledge that Tourstart, not Apple, is responsible for addressing any of Your or any Third Party claims relating to the Software possession or use, including but not limited to

• product liability claim,
• any claim that the Software fails to conform to any applicable legal or regulatory requirement, and
• claims arising under consumer protection or similar legislation.

Intellectual Property Rights

You acknowledge that in the event of any claim that the Software or your possession and use of the Software infringes any Third Party Intellectual Property Rights Tourstart and not Apple shall be solely responsible for the investigation, defense, settlement and discharge of such Intellectual Property Infringement claim.

Third Party Beneficiary

Tourstart and You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the E.U.L.A. upon Your acceptance of the terms and conditions of this E.U.L.A. Apple will have the right to enforce the E.U.L.A. against You as a third party beneficiary thereof.

Personal Use Only

You " means you as an End-user or as a "Company" on behalf of its End-Users which are subject to either a Non Disclosure Agreement as Employees or a License Agreement that contains the same restrictions as herein as a Value Added Reseller. Also as used in this EULA, "personal use" can also be understood in more general terms as for a Company’s use. You agree to use this Data for the solely personal, noncommercial purposes for which you were licensed, and not for service bureau, time-sharing or other similar purposes.

You agree not to reproduce, copy, modify, decompile, disassemble or reverse engineer any portion of this Data, and may not transfer or distribute it in any form, for any purpose, except to the extent permitted by mandatory laws.

Restrictions

Except where you have been specifically licensed to do so by Tourstart, and without limiting the preceding paragraph, you may not

• use this Data with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management or similar applications; or
• with or in communication with any positioning devices or any mobile or wireless-connected electronic or computer devices, including without limitation cellular phones, palmtop and handheld computers, pagers, and personal digital assistants or PDAs.

Warning

The Data may contain inaccurate, untimely or incomplete information due to the passage of time, changing circumstances, sources used and the nature of collecting comprehensive geographic data, any of which may lead to incorrect results. The Data is based on official available maps. It is provided without a warranty of any kind. The user assumes full responsibility for any delay, expense, loss or damage that may occur as a result of use of the Data.

No Warranty

This Data is provided to you "as is," and you agree to use it at your own risk. Tourstart and its licensors (and their licensors and suppliers) make no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, including but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, fitness for a particular purpose, usefulness, use or results to be obtained from this Data, or that the Data or server will be uninterrupted or error-free.

Disclaimer of Liability

TOURSTART AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE OR POSSESSION OF THE INFORMATION; OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS INFORMATION, ANY DEFECT IN THE INFORMATION, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF TOURSTART OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some States, Territories and Countries do not allow certain liability exclusions or damages limitations, so to that extent the above may not apply to you. You are therefor prohibited to use the software in those regions and areas.

Export Control

You agree not to export from anywhere any part of the Data provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations.

Termination

Without prejudice to its other rights, Tourstart may terminate this Licence if you fail to comply with these terms and conditions. In that situation, you must destroy all copies of the Software.

Governing Law

The above terms and conditions shall be governed by the laws of Denmark. The courts of Denmark shall have exclusive jurisdiction to settle any and all disputes, claims and actions arising from or in connection with the Data provided to you hereunder. You agree to submit to such jurisdiction.

Prevailing version

The Danish text prevail.

Comments

Should you have any comments or queries about our Privacy Policy or any information protection we hold about you, please feel free to contact Tourstart on our address:

 

Tourstart ApS
Loevet Moellevej 6
DK-8740 Braedstrup
CVR 3054 3645

www.tourstart.org
info@tourstart.org

General

Tourstart ApS is a Danish company and is responsible for the websites Tourstart and Touringstart and smartphone app’s – hereafter called Tourstart – , and is committed to protect your privacy and security.

These conditions is an addition to the Legal issues related to use the services of Tourstart for mobile devices and web site. All conditions are valid for using Tourstart web and mobile services.

Legal issues

All terms mentioned on "Legal Issues" are valid for the use of Tourstart, such as, but not limited to:

• Disclaimer
• Privacy conditions
• Terms and Conditions
• Advertiser terms and conditions
• EULA
• Purchase conditions

Scope

These Terms and Conditions shall apply to all orders submitted or to be submitted by you for any item, service or subscription offered to you on or via the Tourstart website or Tourstart smartphone application (referred to in these Terms and Conditions as the “Products”), including, but not limited to:

• Software

• Hardware

• Accompanying items and accessories including devices

• Internet-based services or location based services, data services, real time information services, or the provision of other data, information, (third party) functionality or content, whether offered to you on a subscription basis (“Subscription”) or on a pre-paid basis and delivered in one or more parts.

Price and payment

Delivery and risk of loss

• Tourstart will endeavour to deliver or activate the Product instantly of order acceptance. If multiple Products are ordered, Tourstart reserves the right to deliver or activate each Product separately.

• Software products will be delivered electronically. The risk of loss or damage to the Products will pass to you at the moment the Products are delivered to you.

• If you refuse or neglect to take delivery of the Products, Tourstart reserves the right to charge you for the reasonable cost of storing the Products until delivery can be made.

• If delivery to you should fail for any reason outside of Tourstart’s control, Tourstart reserves the right to cancel the agreement and refund any monies paid.

• If Tourstart delivers a Product to you or activates a Product on your device by mistake, you shall immediately inform Tourstart of its mistake by email via info@tourstart.org and you shall, at Tourstart’s request, immediately arrange for the return of the Product (the costs of which shall be met by Tourstart), de-install or destroy the Product.

• Acceptance of a non-ordered Product does not relieve you from acceptance and payment of the Product you initially ordered, unless otherwise agreed with Tourstart.

 

Subscriptions

• After the periode which was purchsed, the account goes from active to expired. Then the customer has to renew his payment in order to continue the service from Tourstart.
• If your Subscription is for an indefinite period of time, either you or Tourstart may terminate your Subscription by taking a notice period into account of 30 days ( your notice to be sent: by e-mail via info@tourstart.org ). This notice period starts on the first collection date after receipt of your notice of termination by Tourstart. If your Subscription is for a fixed period of time, it will automatically end upon expiration of such period of time.
• Tourstart reserves the right to change the prices for or the terms and conditions applicable to your Subscription, subject to giving you reasonable prior notice thereof (either via email, the Tourstart website or otherwise). If such change will result in higher prices or otherwise works towards your disadvantage (but not in case the higher prices result from higher government levies or taxes), you may terminate your Subscription prior to and against the date such change comes into effect by sending an e-mail to info@tourstart.org
• Tourstart may terminate your Subscription or a separate service within bundled Services by providing at least 30 days prior notice if Tourstart decides to discontinue offering such Subscription or such separate service respectively.
• Tourstart may terminate or restrict your Subscription with immediate effect without notice of default being required if you fail to comply with any material term of these Terms and Conditions and other Legal Issues.
• Upon termination of your Subscription, your License will terminate simultaneously.

The Sales of Goods Acts

Tourstart.org always follows the requirements of the Danish Sale of Goods Act.

Prevailing version

The Danish text prevail.

Quest​ions

Should you have any questions, suggestions or complaints concerning your order, your purchase, these Terms and Conditins, or if you desire to contact Tourstart for any reason, please do so by visiting Tourstart's website on www.tourstart.org or by e-mail on info@tourstart.org