§ 1 Service, Registration, De-Registration
1.1 PTV Truckparking BV, Energieweg 1, 3542 DZ Utrecht, Nederland („TPE“),, operates the "Truck Parking Europe" service, which enables users to exchange experiences they have had with regard to parking lots, gas stations and truck rest stops in certain regions, as well as to make reservations of parking spaces (the "service"). The service can be used via a website or an app, which the user can download to his/her smart-phone from various app stores.
1.3 The use of the service is free for the user. TPE does not assume any contrac-tual obligation by providing the service, or the app to the service, its functions or contents, temporarily or permanently, or to continue to provide or maintain the service. The user can terminate the use of the service at any time and de-lete his/her account.
1.4 TPE expressly points out that the service does not contain a full data-base of parking and rest facilities within the respective regions. The information pro-vided via the service is largely based on user information and is not verified by TPE.
1.5 TPE further points out, that the information provided via the service, with re-spect to available parking spaces, is based on information given by the re-spective providers, and is not verified by TPE. TPE is not responsible for this information. All rights and obligations arising from a contract for the reserva-tion of parking spaces, solely involves the respective user and the respective provider of the relevant parking space.
1.6 TPE also points out that this service contains links to third-party websites ("ex-ternal links"). These websites are subject to the liability of the respective op-erators. During the initial linking of the external links, TPE verified the external content, and scrutinized these for any legal violations. At that time, no legal vi-olations were apparent. TPE has no influence whatsoever on the current and future design and content of the linked pages. Placing external links does not imply that TPE includes the content referred to, or the content contained in third party link, as its own. Continuous inspection of external links by TPE, without concrete indications of infringements, cannot be expected, and is not possible. However, should TPE receive concrete information, that an in-fringement exists, such external links will be deleted without delay.
§ 2 Use of the Service
2.1 The use of the service is permissible only within the scope of the proposed function. The user may not use any software or any other technical equip-ment, that alters or endangers the functioning of the service. Access to the service is only allowed through the app or the internet portal (link) provided by TPE.
2.2 The user warrants that all content and information he/she has set, are con-sistent with relevant laws and moral codes. The setting of content which is
a) discriminatory, racist, violent, demeaning to people or their rights,
b) or which incite people to commit criminal offenses, or endorse such of-fenses,
c) or contain pornography, or infringe the protection of minors, or
d) violate the personal rights of third parties,
2.3 The user may only use the app or the internet portal to access the service for his/her own purposes. All rights to the service, the app and the internet portal are reserved by TPE.
2.4 The user may not disclose his/her access data to the service to third parties, nor allow third parties to access the service.
2.5 The user frees TPE from all claims by third parties, and accepts all damages and expenses incurred by TPE in breach of the obligations under this Section 2, unless the user proves that he/she is not responsible for the infringement.
2.6 TPE reserves the right to reject or delete the user's inputs, without stating any reasons.
§ 3 Content Rights
3.1 If the user inputs information into the service that is legally protected, but which is not personal data, the user grants TPE the spatial and content rights in perpetuity, unrestricted and free of charge, to publish this information within its service, in particular
a) the right to store this content on a TPE server, or on behalf of TPE at a third-party location;
b) to publish the content on the Internet and within the app;
c) as well as the right to edit and reproduce the contents to the extent nec-essary for the operation of the service;
d) use of this content is in anonymized form, according to para. 3.2 for possible use within other services and applications.
3.2 The user warrants that he/she owns the rights of such information, so as to legally license the transfer of the relevant information.
3.3 The granting of legal rights pursuant to the relevant para. 3.1 also includes the right of TPE, to further use the legally protected information a) for other paid and free services offered by TPE and its affiliates, as per (Section 15 ff.) of the Stock Corporation Act, Germany (AKTG). The user has the right to object to this additional use. The user can declare his/her objection via e-mail using the following e-mail address: email@example.com b) to request that TPE to withhold this information from associated co-operation partners and other third parties, for both non-commercial and/or commercial use and publication, even if the user has given his/her consent to TPE. The granting of this consent is voluntary and is not a prerequisite for the use of the service.
4.1 TPE operates the service in accordance with the provisions of data protec-tion. If the user submits personal data during the registration process, these are processed solely for the provision of the service, unless the user under-takes reservations for parking spaces via the service (cf. para.) 4.2). TPE de-letes this data when the user or TPE deletes/de-registers his/her user account, unless TPE is obligated to retain these in accordance with statutory regula-tions.
4.2 TPE will only pass on personal data to third parties if a) the user has agreed to the transfer of this data for the purpose of mak-ing a parking reservation; b) or TPE is obliged to do so in accordance with statutory regulations.
In the case of the lit. (littera) (a) The disclosure is made to the IT service pro-vider who is responsible for the booking system and the respective parking service provider, where the specific booking is to be made. TPE concludes a contract for data processing, in accordance with Section 11 of the Federal Data Protection Act (BDSG), with the IT service provider/s who manage the booking system, as well as all the parking space providers.
4.3 Prior to the transfer of data/disclosure of information, the data is cleaned of all personal information, except for the user name, in accordance with para. 3.3. Users who do not wish to assign their name to their information are obliged to choose a user name with no personal reference.
§ 5 Compensation for Damages and Expenses
TPE only provides damages and compensation for wasted expenditure, irre-spective of the legal reason, for pre-meditated actions and gross negligence.
§ 6 Conclusion
6.1 Insofar as written declarations may be required in accordance with these conditions of participation, e-mails and faxes are deemed a satisfactory and legal means of written consent. The user's written declarations are to be sent to the following address: Email: firstname.lastname@example.org
6.2 The law of the Federal Republic of Germany is applicable, excluding any Conflict of Laws and the UN Sale of Goods Law.