Terms of Use

Preambel

TomOnTour.com is a multimedia platform (consecutively called “TomOnTour), which acts as an online tourist guide for gays & friends. Users are offered an editorial coverage of global destinations for gays and lesbians. These are presented in form of gay city-guides, travel reports, travel news & specials, events & gay-friendly hotels. Above all TomOnTour presents travel & holiday offers from other travel agencies, hotels and airlines. Users are able to join the TomOnTour-community and create own articles and add images (for example: photographs, illustrations and videos) in a profile and share these with other users.

1. Scope

The following terms of use set the rules for the usage of TomOnTour. When registering on TomOnTour users agree to follow the rules set and assure to have read these.

2. Subject to Change

TomOnTour is authorized to change the contents of the use of terms with the approval of all members, if the changes are in consideration for all members of TomOnTour. TomOnTour will notify its members 2 weeks before changes are made. If a member does not accept the changes he must contradict on his behalf or cancel the membership with in 1 month.

TomOnTour is obliged to inform the members in the disclosure of the changes and explain the possibilities of objection and termination, the terms and legal consequences especially regarding a failure to object. TomOnTour has the legal right to cancel and delete the membership of any member.

3. Licencee

The travel community/ travel platform TomOnTour is part of

Diversity Tourism UG (haftungsbeschränkt)
P.O.Box 14 01 63
80451 Munich

Germany

as provider according to § 12 TGM.

4. Registration

To use and interact with the TomOnTour-community and to create own articles it is necessary to registrate and to create a user profile. Merely the search, the display of articles and pictures is possible without a registered Profile. Every user is obligated to fill in the application form with all the correct information. A successful registration is only possible if all submitted information is filled out correctly and with completion of all marked spaces. If information changes after the registration members are obligated to update these.

When registering on TomOnTour all members are asked to create a username and password which have to be entered when logging in. Be aware that the use of user names which effect third parties or brands & company names are not permitted. Also inadmissible are usernames which illegal or contrary to publich decency.

Every member should keep their log in data confidential to secure that third parties are not able to enter. If the personal log-in data is lost or the user suspects or has knowledge of a third person using this data, the member is obligated to inform TomOnTour immediately. TomOnTour will not assume liability for any damage resulting from the wrongful use of the log-in data. TomOnTour will never ask for your password.

As soon as TomOnTour accepts a membership registration the user will receive a confirmation via e-mail. When receiving this conformation the recipient and TomOnTour have a license agreement.

For security reasons members should not pass on any confidential information like addresses or telephone numbers. Consequences of a violation of these recommendations lie in the responsibility of the user.

The access to the members area and its use cannot be required, sued for or enforced in any way. TomOnTour reserves its right to withdraw any privileges temporarily or permanently without giving notice.

5. Granting of rights of the copyright

The author of articles and pictures grants TomOnTour a nonexclusive, nontransferable, time and place unlimited possibility to use his uploaded pictures and articles for the permitted uses on TomOnTour. All other rights to the images that remain, including all copyright and other intellectual property rights that relate to the images and contributions, remain with the author.

6. Warranty and liability of the copyright
When uploading images and article the member assures TomOnTour that he has the full rights on all data uploaded. The member guaranties TomOnTour that the images and information, which he uploads onto TomOnTour does not go against any copyrights, trademarks, privacy rights, public rights or other rights of third parties or insults or bring into disrepute a third party. The member ensures TomOnTour that he has obtained a valid and legally binding release statement on the use of the image of all people shown. In the event, that uploaded images show the property of a third party, the author assures TomOnTour that he has obtained – if legally necessary – a valid and legally binding release statement regarding the presentation of this property from the copyright owner. The author releases TomOnTour of all third party claims, including any legal costs, which occurred through the culpable violation of these Terms and the foregoing grant of rights.

7. Prohibited usage of TomOnTour

TomOnTour my only be used for legal purposes. TomOnTour may not be used to spread defamatory, pornographic or other disseminating and unlawful material to threaten or harass the rights of third parties (including moral rights). To use TomOnTour in a way which affects or disadvantages other members is prohibited.

All members are responsible that images uploaded by them are free of viruses, worms, trojans and other harmful software which effects the function or existence of TomOnTour.

It is prohibited to publish pictures or articles on TomOnTour as follows:

Contents, which affects third parties, especially which effects the copyright, performance rights, brands & company names, design law, titles and personal right.

Pornographic, obscene, sexist, defamatory, libelous, racist and offensive material against religions or minorities.

Discrimination, defamation or insults.

False allegations

Insulting criticism, libel, slander or speculations

Degradation of the copyright owner or represented people.

Political contributions or advertisement for political parties.

Calls for boycotts or deletion requests of any kind.

Privat information about members (eg. Address, phone numbers, bank details)

Quotes from privat emails or SMS from other members, TomOnTour or a third parties (post secret)

Links to other web sites with illegal content.

Use of content for editorial purposes.

Unauthorized communication activitiesm either directly or indirectly (eg. Spam mailing)

If it can be assumed that the author or the person shown does not agree with the publication. (These include all illustrations which display people and interact with their personal rights. These include their mentally and physical health and social behavior, having sexual acts or indicated sexual acts or fetishes, drug misuse, criminal offences, mentally or physical abuse, suffer or other situations and situations in which the shown person might be shown in unwanted perspectives. (eg. Dating-Sites, escort services, erotic offers, pornographic or sites which show a risk to children and young adults)

8. Deletion of images and articles

TomOnTour reserves its right to delete pictures and forum entries without any further notice. The right to terminate or maintain a set of images will not be guaranteed by TomOnTour.

9. Liability of the Originator
If , as a result of a culpable violation of the obligations of the Originator, in particular with regard to infringements of copyright, personal rights, property rights or industrial property rights, TomOnTour is charged, the author releases TomOnTour from any liability and all costs, including any legal costs. The same applies if a user due to any infringements of the existing obligations of the author, concerning the transmission rights, will be charged by a third party.

10. Liability of TomOnTour

TomOnTour has the right to verify all uploaded images and articles, yet is not obliged to do this. Due to the amount of uploaded material, TomOnTour points out that neither personnel nor technical it is possible to verify all images or articles. Responsibility for the legality of the pictures and forum posts, and for authorization to copyrights of images, lies exclusively with the author. A liability of TomOnTour in this context is expressly excluded.
The liability of TomOnTour and the liability of its agents for breach of obligations and tort are limited to intent and gross negligence. This does not apply in case of injury to life, limb and health, claims for infringement of cardinal duties and compensation of damage caused by delay (§ 286 BGB). In that regard TomOnTour is liable for any degree of his fault or his agents. The liability for the violation of cardinal obligations is limited to the foreseeable, typically occurring damage

11. Blocking of members
In case of violation of these terms, TomOnTour has the right to deny access to all member areas with immediate effect. The blocked member is prohibited from registering again under a different user name or to use TomOnTour in any other way. TomOnTour reserves its right to introduce an inquiry and to raise claims in case of damage.

12. Termination of the Membership

The membership on TomOnTour can be terminated at any time by the user or by TomOnTour without having to state why.

13. Database right

All data found on TomOnTour, including texts and pictures have a copyright. It is prohibited to use this data without the permit/ license of TomOnTour.

14. Final Clause

The license agreement is subject to the Federal Republic of Germany with exeption to the UN-Agreement on the international sale of goods. In business transactions with merchants, legal persons under the public law or public special assets, the court of jurisdiction is Munich. TomOnTour reserves the right to sue at the member’s court of jurisdiction.