I. Subject of the contract, modifications
§ 1 Subject of the terms of participation use
(1) The Windpark-Heliflight Consulting GmbH (herein after called „service provider“) provides a platform (herein after called “the portal”) on www.helidecks.de on which duly registered participants may enter flight data (flight times, flight routes and flight numbers). These data are published on the portal to give users an overview of the planned flight movements. Moreover, the service provider gives information on this portal about e.g. helidecks. These data are in turn based on specifications of the operators of the correspondent helidecks.
(2) In the present terms of participation and use the provision of the services by the service provider and the use of these services by the participant as duly registered participant are regulated.
(3) Information on the service provider is available on www.helidecks.de/impressum.
§ 2 Modifications of the terms of participation and use
The service provider reserves the right to modify these terms of participation and use at any time, with effectiveness also for existing contracts.
II. Registration, handling of access data, termination of participation
§ 3 Registration authorization and log-in information
(1) The use of the services available on the portal for entry, modification or deletion of flight data requires registration as participant. A claim on participation does not exist. The service provider is entitled to reject requests for participation without indication of reasons.
(2) Registration is only permitted if you are of age and fully sui juris. Minors are not allowed to be registered. In case of a legal entity registration must be made by a natural person who is fully sui juris and authorized to represent. Registration is made if an interested person/party contacts the service provider via Email.
(3) The data and other information which the service provider requires during registration must be correctly and fully indicated. In case of registration of a legal entity the natural person who is authorized to represent must be indicated additionally.
§ 4 Responsibility for the access data
(1) In the course of the registration you are asked to indicate a user name and a password. You can log in on the portal with these data after your account is activated and you have confirmed your registration. You are responsible to make sure that the user name does not infringe the rights of third parties, in particular name or trade mark rights and does not infringe morality.
(2) The access data, including password, are to be kept a secret and may not be passed on to unauthorized third parties.
(3) Furthermore, it is the participants’ responsibility to guarantee that access to the portal and use of the services available on the portal will only be granted to the participant or the authorized persons. If it is to be feared that unauthorized third parties are aware of the access data or will be the service provider must be informed immediately.
(4) The participant is responsible for any use and/or other activity carried out by means of his access data according to the legal regulations.
§ 5 Update of participants’ data
The participant is bound to update the data (including contact details). Any changes must be submitted to the service provider via E-Mail or fax without delay.
§ 6 Termination of participation
(1) The participant can terminate the access at any time by sending a cancellation via E-mail.
(2) When the cancellation takes effect the contract ends and the access can not be used any longer. The service provider reserves the right to block the user name and the password upon effective date of the cancellation.
(3) The service provider is entitled to delete irretrievably any data which emerged due to your participation at the end of 30 calendar days after effective date of the cancellation and at the end of possible legal provision periods.
III. Services and content on the portal
§ 7 Offer of services and availability of services
(1) The service provider provides different information services on the portal. These services can be e.g. provision of data, pictures, information and other content (herein after called in summary „content“). Data of the helidecks is provided by the heliport operator or participant and published on the portal without being checked by the service provider. Flight data however are solely published by the participant directly on the portal and are not verified by the service provider.
Content and scope of the services depend on the correspondent functionalities available on the portal.
(2) The services available on the portal may also be services of third parties to which the service provider merely mediates access. To the use of such services – which are in each case identified as services of third parties – other than the given terms of participation and use or additional regulations may apply.
(3) The service provider does not guarantee a permanent availability of the portal. Apart from that, the right to use the services available on the portal only extends within the limits of the technical and operational options of the service provider. The service provider tries to provide an uninterruptable usability of his services as far as possible. However, technical breakdowns (such as e.g. failure of power supply, hardware and software failures and technical difficulties with the data cables) may cause temporary restrictions or interruptions.
§ 8 Changes of services
The service provider is entitled to change the services provided free of charge on the portal, to provide new services, free of charge or against payment, and to stop the provision of services, free of charge, at any time. The service provider will in each case consider your justified interests.
§ 9 Protection of content, responsibility for the content of third parties
(1) The content available on the portal is mostly protected by copyright or other property rights and owned by the service provider, other participants or other third parties who have provided the corresponding services. The composition of the content as such is protected as data base or data base work in terms of §§ 4 para. 2, 87a para. 1 UrhG (copyright). The participant may only use the content according to the present terms of participation and use and to the extent specified on the portal.
(2) The content available on the portal mostly derives from participants or other third parties. The content of the participants or other third parties, such as e.g. flight data or helideck details, are herein after called in summary „third party content“. The service provider does not check third party content for completeness, correctness and legality and therefore does not assume any responsibility or liability for the completeness, correctness and legality and up-to-dateness of third party content. This also applies to the quality of third party content and its suitability for a certain purpose and as well if it is about third party content on external web pages which are linked.
IV. Usage of the services on the portal by the participant
§ 10 Extent of permitted usage, monitoring of usage
(1) The authorization of usage of the participant is limited to the access to the portal and usage of the services available at any one time within the scope of the present terms of participation and use.
(2) The participant himself is responsible to establish the technical requirements which are necessary for a contractual usage of the services. The service provider does not owe the participant any advisory service in this respect.
(3) The service provider points out that the usage activities of the participant may be monitored within the legal scope. This may include, where applicable, the record of IP-connection data as well as their evaluation in case of a reasonable suspicion of a breach of the present terms of participation and use and/or in case of a reasonable suspicion of another illegal action or offence.
§ 11 Posting of content by the participant
(1) Unless the functionality on the portal is available, participants are allowed to post content on the portal and make it available to third parties, taking into account the subsequent rules.
(2) By posting the content, the participant grants the service provider a gratuitous and transferable right to use the corresponding content, in particular
- to save the content on the server of the service provider and to publish it, in particular to make it available to the public (e.g. by displaying the content on the portal),
- to process and duplicate the content, unless it is necessary for the provision or publication of the appropriate content.
As far as the participant deletes the content he has posted on the portal the preceding right of the service provider to use and process the content will expire. However, the service provider remains authorized to keep copies for backup and evidence purposes.
(3) The participant is fully liable for the content he has posted. The service provider does not check the content for completeness, correctness, legality, up-to-dateness, quality and suitability for a certain purpose.
The participant states and assures to the service provider that the added data are complete, correct and up-to-date.
(4) The service provider reserves the right to refuse the posting of content and/or to process, block or delete any content which is already posted without prior notice if the posting of the content by the participant or the posted content itself lead to a breach of the rules laid down in the present terms and the service provider becomes aware of it.
§ 12 Right to use the content available on the portal
(1) If a further use is not explicitly permitted in the present terms of participation and use or on the portal,
- participants and third parties are allowed to recall data online, view, print and save the content available on the portal.
- It is prohibited to remove or modify copyright notes, logos and other marks or protection notices.
(2) Participants and third parties are only allowed to download data („download“) and to print the content as far as a download or printing functionality is available on the portal.
Participants and third parties are entitled to use the duly downloaded or printed content for their own non-business purposes, a right to use which is not time limited and not exclusive i.e. these data may not be made available to third parties against payment. Apart from that, all rights to the content stay with the original right holder (the participant or the relevant operator).
§ 13 Prohibited activities
(1) Participants are prohibited from carrying out any activity on the portal or in connection with the portal which can breach applicable law, rights of third parties or principles of protection of minors. In particular, the following activities are forbidden:
- posting, distribution, offer and publicity of pornographic content, services and/or products; content, services and/or products breaching the protection of minors, data protection and/or other rights and/or fraudulent content, services and/or products;
- use of content by which other participants or third parties are insulted or defamed;
- use, provision and publication of content, services and/or products which are registered trademarks or encumbered with third parties’ rights (e.g. copyright) without being explicitly authorized to do so.
(2) Participants are as well prohibited from performing any action which could affect the smooth operation of the portal; in particular they are not allowed to stress of the systems of the service provider excessively.
(3) If the participant becomes aware of an illegal, incorrect, contrary to contract or otherwise unauthorized use of the portal he must inform the service provider. The service provider will than check the procedure and take further steps, where necessary.
(4) If practices contrary to contract or criminal practices are suspected the service provider is entitled and, where applicable, obliged to check the activities of the participant and to initiate legal steps, where necessary. Part of this can be the submission of the facts to public prosecution.
§ 14 Blocking of accesses
(1) The service provider is entitled to block the access of the participant to the portal temporary or permanently if concrete indication for a breach of the present terms of participation and use and/or applicable law is given or if the service provider has another legitimate interest to block the access. In case of a blocking, the service provider will consider the legitimate interests of the participants adequately.
(2) In case of a temporary or permanent blocking the service provider blocks the access authorization of the participant and informs him via Email.
(3) In case of a temporary blocking the service provider reactivates the access authorization at the end of the blocking time and informs the participant via Email. An access authorization which is permanently blocked may not be reactivated. Persons who are permanently blocked are permanently excluded from the participation in the portal and may not be registered again on the portal.
V. Processing of your personal data
§ 15 Data protection
(1) The high quality standards of the service provider demand a responsible handling of the personal data of the participants. (These data are herein called „personal data“.) The personal data obtained in the course of the registration of the participant on the portal and the use of the available services are therefore only collected, saved and processed by the service provider as far as they are necessary for the contractual delivery of service and permitted by legal provisions or required by law. The service provider will handle the personal data of the participant confidentially and according to the rules of the applicable data privacy laws and will not pass them on to third parties.
(2) Beyond that, the service provider only uses the personal data of the participant as far as the participant has expressively consented to it. The given consent can be withdrawn by the participant at any time.
VI. Liability limitation
§ 16 Liability limitation for services free of charge
If the participant or a third party suffer damage which results from the use of services available on the portal, free of charge (including the recall of content, free of charge), the service provider is only liable for damage based on contractual use of the content and/or services free of charge and for purpose (including fraudulent intent) and gross negligence of the service provider.
VII. Miscellaneous provisions
§ 17 Written form requirement
If not explicitly stipulated otherwise in these terms of participation and use, all statements which are given in the context of the participation in the portal must be made in written form or via Email. The Email of the service provider is firstname.lastname@example.org. The postal address of the service provider is:
Am Kiel Kanal 1
The contact details are subject to alterations. In case of alterations the service provider will inform the participant accordingly.
§ 18 Severability clause
If one of the stipulations of these terms of participation and use is ineffective or becomes ineffective the other terms remain in legal effect. In place of the ineffective stipulation an effective stipulation which comes as close as possible to the economic intent is understood as agreed.
§ 19 Applicable law
The present terms of participation and use are subject to the law/legislation of the Federal Republic of Germany excluding the United Nations Convention on Contracts for the International Sales of Goods (CISG).
§ 20 Place of jurisdiction
Exclusive place of jurisdiction for all disputes resulting from these terms of participation and use is the registered place of business of the service provider, as far as such an agreement for the place of jurisdiction is permitted.