Terms and Conditions

1. Scope and purpose of the online offering at WorldGuide AG
The following range of products can be found at the website of WorldGuide AG:

1.1 WorldGuide AG operates a database with a variety of information pertaining to travel, events, wellness, business, fine art, culture, sports, people and lifestyle issues. The data is intended exclusively for private utilisation by users seeking to find specific information on any part of the world, and who wish to make personal use of the educational offerings at WorldGuide AG.

1.2 WorldGuide AG has made the Community functions available to users for the purpose of networking and international exchange.

1.3 Via the World Wide Web, WorldGuide AG will provide around-the-clock, year-round database access to a minimum of the topics listed in item 1.1 (an average annual minimal availability of 97 percent, except in case of a force majeure and/or third-party negligence), while remaining free to add additional subject matter.

1.4 WorldGuide AG will ensure proper display of its informational content on computer monitors using the most common Internet browsers for the World Wide Web at the time. Presentation in other formats (i.e.: handhelds or smart phones) can be guaranteed only on the basis of a separate agreement.

2. Utilisation requirements & utilisation rights
2.1 The customer acknowledges that WorldGuide AG will continue to have corresponding copyrights to its data and database. In addition, the special provisions of the German Copyright Act (Urheberrechtsgesetz) shall apply to this information and the utilisation of and access to such information requires authorization from WorldGuide AG.

2.2 WorldGuide AG grants the user non-exclusive utilisation rights, unrestricted by location or content, to retrieve information stored on the website (www.worldguide.eu) pursuant to the purposes described in Item 1 of this agreement. These rights are explicitly assigned as simple rights only, that is to say, WorldGuide AG remains entitled to determine rights to the data and database as such.

2.3 Utilisation of the data or database for commercial purposes is not permitted. Duplication of the data is permitted only if required for compelling reasons to achieve the goals mentioned in item 1 of this agreement.

2.4 WorldGuide AG reserves the right to block access at any time without prior notification if it has reason to believe, via an audit, that the aforementioned utilisation conditions are being violated.

3. Community
The utilisation of forums and similar Community services
3.1 Information made available by users through any of WorldGuide AG’s venues and forums may not violate any laws, be of dubious moral standing, be in conflict with third party rights (names, brands, copyrights, privacy laws, etc.), incite ethnic, religious or racial hatred, nor promote or glorify violent and/or harmful and/or pornographic contents and opinions in any way. The user is obliged to honour and follow the terms of use for any of the services provided by WorldGuide AG. WorldGuide AG is free to decide what content is objectionable and may at its own discretion decide to alter and/or delete content.

WorldGuide AG is not obliged, nor in a position to check the lawfulness of contents of all uploaded and publicized content of each user. WorldGuide reserves the right to conduct spot checks on a regular basis and is free to delete any content it considers to be in violation of WorldGuide terms and conditions. The responsibility for adherence to the above mentioned terms is with the user.

3.2 With the upload of photos, videos and texts the user concedes to WorldGuide the right to store the material for an indefinite period of time, to publicize them free of charge, to offer them for downloading and to use them for online and print media applications. Within the offering the uploaded content may also be highlighted and rated by the editorial department. All photos may be viewed by other users, yet any commercial utilization can only be conducted with the approval of the author and/or pictured person.

It is the sole responsibility of each user to own and possess the right to any pictures and videos to be uploaded for use at WorldGuide AG. Usually, the user owns these rights if he/she took the picture/video him/herself or secures the rights from the copyright holder/owner of the picture/video and if necessary from the photographed/filmed person. Also, photographed objects (such as a painting) may have copyrights and the approval of the copyright holder will be necessary.

3.3 In case the terms of use are breached, WorldGuide AG has the right to expel the user in breach temporarily and indefinitely from accessing the services of WorldGuide AG, terminate his/her membership and delete any or all publicized content. In case of a wrongful act caused by a user as described in 3.1 and 3.2, WorldGuide, its legal representative(s) and/or vicarious agent will not be held liable for any damages whatsoever and/or claims by third parties as a result of the wrongful act.

3.4 WorldGuide AG is free to cease its operation and services in parts and/or as a whole, modify and change terms of use and/or offer its content as a pay service at any time at its own discretion. Under no circumstances has the user any right for compensation or claim against WorldGuide AG for any deleted photos and videos uploaded. The user him/herself is responsible for data backup and protection.

4. Access to WorldGuide AG's online offering
4.1 The user receives access to WorldGuide as client of one of our corporate partners or by individual registration at www.worldguide.eu.

4.2 The user is obligated to keep his username and password confidential and not disclose it to a third-party.

5. Compensation, term of access authorisation and termination
5.1 By making a payment in accordance with the price (handling fee) listed at the time of registration, the user gains the right to utilise WorldGuide AG's online offering for a term of 12 months, commencing on the day of first login.

5.2 Access shall be extended automatically at the end of the term of authorization for a term of 12 months unless notice is given either by the user or by WorldGuide AG in writing or by e-mail six weeks prior to the end of the term.

5.3 Extraordinary termination of access authorization for good cause can take place at any time.

6. WorldGuide AG's liability and limitations
6.1 WorldGuide AG shall make every effort to compile, revise and update data with due care. However, WorldGuide AG cannot be held responsible for the correctness, timeliness and completeness of the data and information.

6.2 Despite careful control of content, WorldGuide AG assumes no liability for the content or technical availability of external links. The content of a linked website is exclusively the responsibility of the website operator. This is particularly the case for hotel booking services conducted over external links, as well as the Collectors’ Scout search engine.

6.3 In all other respects, WorldGuide AG only has unlimited liability for intention and gross negligence. For simple negligence, liability shall apply only in cases where lack of fulfilment of an obligation is an infringement of a stated agreement (cardinal duty).

6.4 In the case of initial disability, WorldGuide AG is liable only if it was aware of the performance impediment or if its unawareness is based on gross negligence.

6.5 The above limitations and exclusions of liability do not apply to claims in accordance with the German Product Liability Law (Produkthaftungsgesetz) and in case of personal injury, injury to health or loss of life.

6.6 The exclusions and limitations on WorldGuide AG's liability also apply to the personal liability of its directors, officers, employees, workers, staff members, representatives and vicarious agents.

6.7 With the exception of claims arising out of infringement of obligation from intention or gross negligence and tort, compensation claims against WorldGuide AG are time-limited to one year after the commencement of the statutory limitation period. A period of limitation of one year also applies to warranty any claims.

7. Final provisions
7.1 This agreement contains all arrangements between the parties to the agreement; no collateral agreements have been made. Amendments and supplements to this agreement need to be in written form. This also applies to the revocation of this written form.

7.2 Should individual provisions of this agreement be or become invalid, the validity of the remaining provisions shall not be affected. The invalidated provision shall be replaced by a term which comes closest to the desired intention of the original provision. The same applies if there are loopholes in the provisions of this agreement.

7.3 The agreement is subject to German law.

7.4 Place of jurisdiction is Munich, Germany.