General terms and conditions of the company Bernhard Spachmüller – Cartographic products

for the use of the on-line service “BSmap”

Bernhard Spachmüller – Cartographic products
www.b-spachmueller.de, O’Brienstraße 3, 91126 Schwabach, Germany

§ 1 Copy right

The products distributed by BSmap are copy right protected. The customer is only entitled to utilize the downloaded articles for personal use.
Digital products are only allowed to be used on a personal computer and or on a mobile GPS device at the same time.
The digital product cannot be used at the same time on multiple computers.
The customer is not entitled to offer the product for use on the internet, in intranets, extranets and or for use by third-party users. A public replay and or other release to third parties, the commercial use by copying and or similar activities, and or the further sale of the product are explicitly forbidden.
The customer is not allowed to remove any copy right entry, trademark and or other legal reservations from the downloaded product.

§ 2 Contractual penalty

In the event of an infringement of the copy right, a contractual penalty is to be paid, which shall be set with equitable discretion by BS-MapShop and shall be reviewed by the appropriate court in case of a legal dispute.

§ 3 Disclaimer

The products distributed by BSmap were diligently prepared in accordance with the cartographic craftsmanship. As textual and factual errors cannot be completely eliminated, BSmap hereby declares in terms of product liability that all data are provided without guaranty / warranty, and there is no acceptance of liability for textual and or factual errors.
Liability for loss of profit, collateral damage or consequential damage are excluded, in as much as BSmap has not acted deliberate and or grossly negligent, or the claims are based on the absence of assured features; and are also not excluded from damages resulting from the violation of a person’s life, body and or health, and or for claims resulting from the Product Liability Law.

§ 4 Data protection

In accordance with the Bundesdatenschutzgesetz (Federal Data Protection Act, Federal Republic of Germany), the user is hereby informed that BSmap does store the user’s address as well as other information supplied by the user, and BSmap shall keep such information in strict confidence.

§ 5 Advertisement

With this registration, the user hereby explicitly consents to being occasionally updated by BSmap on product improvements and or special offers via the user’s address and or e-mail. This consent can be revoked via an informal notification by the user any time.

§ 6 Use of cookies

The user hereby consents to BSmap supporting the registration and or use of their services by the use of so-called session-cookies.

§ 7 Place of performance and jurisdiction

With the exclusion of the United Nations Convention on Contracts for the International Sale of Goods, solely German Law applies. The place of performance is Schwabach, Germany. The jurisdiction for buyers is Schwabach, Germany.

§ 8 Severability Clause

In case one part of this contract shall be or become inoperative under the outlined conditions, the virtue of the contract’s other parts shall not be affected. The part in question shall be replaced by substitute provisions, which are to serve the aspired purpose as much as possible under the inoperative condition.