beemo GmbH, a spin-of enterprise from Münster University of Applied Sciences, develops the Internet portal Naviki (www.naviki.org) and offers it for use.
Use free of charge is intended solely for private individuals who are searching for routes for cycling navigation through the Naviki portal or wish to upload routes through this portal.
Entering and downloading of routes is free of charge. For identification purposes, the user must supply a constantly available email address and a password for access. These data will be processed by beemo, exclusively following the rules for data security set down in the Data Protection Declaration below.
II. Entry and downloading of data
Every user is individually responsible for the content he/she has entered (e.g. paths and further information on paths). Such content may not offend against public decency or violate criminal legislation, copyright of images or text or the personal rights of other people. In case of violation, the user in question is obliged to compensate beemo for damage arising. In such cases, the user is to release beemo from all claims by third parties with regard to the illegality of his/her content.
beemo reserves the right at any time to shorten or entirely remove content without stating reasons. In case of awareness of illegal content, we request to be informed without delay, and the corresponding content will then be removed immediately by beemo.
By uploading and publishing data on www.naviki.org, the user grants beemo the right of use of these data, unlimited by time and free of charge, as long as the user does not him/herself delete the data he/she has made available from the system. This right also includes the right by beemo to change these data. If the user enters data from third parties, the user affirms that he/she is entitled to enter these data and that the data are free from the rights of third parties.
The user may not pass the software with which www.naviki.org has been developed on to third parties, or duplicate, distribute, modify, decode, reconvert, or create derivative works from it or decode the attached texts or create derivative works from them. The performance of similar acts is also prohibited.
All data made available by users which are administered in www.naviki.org are under the licence "Creative Commons Attribution Share Alike 2.0" (cc-by-sa 2.0, in German "Namensnennung-Weitergabe unter gleichen Bedingungen 2.0"). All kinds of use of Naviki data, including commercial use, are permitted; however, it must be stated that the data originate from www.naviki.org, and any work derived from Naviki data must in turn come under the cc-by-sa licence.
III. Barring of users and changes to conditions of use
beemo is entitled at any time and without giving reasons to exclude users from access to its websites and to bar them permanently from further use of these sites. This applies particularly in cases of repeated violation of the above named conditions of use and for protection of other users.
IV. Availability and liability
beemo will give no guarantee for the continuous and uninterrupted availability of the websites and technical systems.
beemo will accept no liability for damages caused by the route data from users or third parties. The own liability of beemo and that of its employees and auxiliaries is limited to gross negligence and deliberate intent in the violation of an essential contractual duty and to the amount of damage foreseeable from and typical of this type of contract.
beemo may modify or cancel the services of Naviki (e.g. services on the website www.naviki.org, services of Naviki Apps) at any time. A claim for refund by the user in reference to previously paid fees is excluded; this shall not apply if the user terminates due to an important and persistent reason beemo is in charge of.
The routes provided by Naviki via www.naviki.org and via Naviki Apps is only for planning purposes. It may possibly differ from the available or legally useable road network. Users of Naviki Apps and of www.naviki.org are obliged to follow the traffic rules, irrespective of the routes calculated by Naviki. This explicitly applies to the turn-by-turn instructions provided via Naviki's Apps as well.
V. Place of jurisdiction and legal foundation
Münster shall be the place of performance for both parties. The place of jurisdiction shall be Münster, insofar as the user is a corporate body under public law. German law shall apply. Application of the UN Convention on Contracts for the International Sale of Goods is excluded.
VI. Severability clause
If individual provisions of this contract should be or should become invalid, this shall not affect the legal validity of the remaining provisions.