Terms and conditions concerning the use of PinkMap

The present terms and conditions govern the use of the service „Pinkmap“ by users outside the countries Germany, Switzerland and Austria.

Pinkmap is operated by LocaMap GmbH, Martin-Kremmer Str. 12, 45327 Essen, commercially registered under HRB-Essen 21173, represented by its managing director Mr. Johannes Tyra, (in the following referred to as “LocaMap” or “PinkMap”)

§ 1 Subject matter and cost of the service of PinkMap

  1. LocaMap operates the service “PinkMap” in form of an iPhone-software; additionally, Pinkmap is operated as an online service via the website www.pinkmap.de.

PinkMap is a location-based communication service primarily addressing homosexually oriented users , allowing members to set up a profile and share different kinds of content with other members or users. A major focus is set on locating the position of members and users which are all shown on a worldmap; a focus is also set on the interaction between the members via chats and exchanging messages.

  1. The use of PinkMap generally is subject to a fee, while a restricted use of PinkMap is offered free of charge. Full particulars are set forth by the present terms and conditions.

  2. The use of PinkMap is solely based on the present terms and conditions as well as on the privacy policy of LocaMap. Terms and Conditions by users or members are not applicable.

For purpose of these present terms and conditions, „user“ is who uses PinkMap without being a member. “Members”, then, are registered users of PinkMap.

  1. The commercial use of PinkMap is not permitted by these present terms and conditions. For any commercial request, please contact LocaMap directly at one of the contact-addresses listed in the imprint.

  2. PinkMap provides its members with extensive community-applications with which the members’ own content can be posted on the website via their profiles or chats.

For purpose of the present terms and conditions, „contents“ are private messages sent from one member to other members, photos (uploaded into the profile), photo-tags, sign-ups for events („Already signed-up users“), locations uploaded by members, other comments and texts as well as all texts, photos and other content posted by PinkMap itself. PinkMap draws attention to the fact that it is not obliged for the constant availability of all community-funcitons and that, hence, these functions will only gradually be made accessible or can be shut off again at a later point in time. LocaMap / PinkMap greift für die standortbasierten Dienste bei PinkMap, wie die Ortung von Mitgliedern, wie folgt auf folgende Daten zu:

In order to provide location-based services via Pinkmap, e. g. locating members, LocaMap / PinkMap accesses the following data:

    1. PinkMap website: Your location is based on the dial-in node of your internet service provider. By making accessible your own information or by modifying set-ups when using the PinkMap-website, you can confirm, change, correct, describe, add to or extend these information.

    2. iPhone application: Your position is located via geo-data, the GPS receiver of your iPhone, the ccompany Apple Inc. and a combination of these data with dial-in nodes. In order to be able to use this function, you have to give your permission when starting the LocaMap iPhone-software. Without this permission, use of this iPhone-software is not possible.

You can limit the use of your location based data by refraining from using the iPhone software. When operating PinkMap and the services provided, we will only use and process location-data you have entered yourself or whose transmission has been caused by you.

Please be aware that the use of the PinkMap-website and the PinkMap iPhone-application influence each other; i.e. data is always made available in both applications.

  1. LocaMap is not obliged to inspect published contents as well as other information posted by members by means of completeness, correctness and legality. The contents do not reflect the opinion of LocaMap or PinkMap. The users and members take the sole responsibility for content they upload in the scope of usage. In accordance with the legal regulations of the German Tele Media Act (Telemediengesetz, TMG), LocaMap will immediately meet its obligation to check content as soon as any information justifying knowledge of illegal action is transmitted; LocaMap will judge, within the scope of its legal discretion, if the information concerned must be deleted or if access to such information must be blocked. Please also see §§ 10 and 12 of these present terms and conditions.

§ 2 Use with and without costs

  1. PinkMap can be used on the iPhone and via the website www.pinkmap.de. The use of the “premium” version of the PinkMap-software is subject to a fee. The use of the other versions is free of charge, yet restricted as described in the following.

§ 3 Costs, upgrade & charging

  1. Pinkmap can be downloaded and installed on the iPhone free of charge from the AppStore of Apple Inc.

  2. Premium use of PinkMap amounts to the prices as noted within the respective service or in the iTunes AppStore.

  3. Prices listed include the German VAT of 19%.

  4. Upon expiration of the utilization period of the full version, this version is usable in the same way as the “lite” version until an additional membership-period is activated.

  5. Activation of utilization periods is carried out directly via the iPhone-software.

  6. Payment for the membership-fee and the full version is made via the Apple-ID and the client’s account data at Apple Inc. LocaMap is not in charge of handling the payments. Handling of payments and any procedures connected to this, such as downloading or debiting an account, are subject to the terms and conditions of Apple Inc. and the respective financial institution.

(8) Aplle Inc. will safe any contracts concerning the (fee-based) use of PinkMap and will supply you with detailed information in accordance to their terms and conditions. The current PinkMap’s Terms and Conditions can be accessed and saved at any time on the PinkMap Website.

§ 4 Use and Enjoyment

  1. Any use of PinkMap requires a registration during which user-name, age and location have to be entered; there is, however, no obligation to set up a user account. Data which are entered without registration will be deleted after an appropriate period of time. Full particulars are regulated in our privacy policy.

  2. Users are given the simple right of usage for the provided information unrestricted by means of time and place. This right of usage is limited to the use within the scope of the PinkMap-website or the PinkMap iPhone-software. Further use is not permitted. This is particularly in effect for commercial or industrial utilization of the information, the set-up of information-directories, and the duplication, editing or distribution of content to third parties. The use of PinkMap is only allowed in accordance with legal regulations.

  3. The user acknowledges that LocaMap, PinkMap or third parties – in particular advertisers, users or licensors – are entitled to all rights concerning the internet-portal and the contents published thereon, in particular copyrights, rights of use and enjoyment and puplishingrights, for example rights concerning databases and address-files of the internet-portal as well as information, photos and articles. When using PinkMap, the user has to observe the respective licence-conditions of third parties in addition to the present terms and conditions.

  4. The user must not delete, copy or in any other way use the copyright-annotations, brand-labels and other legal reservations, or deprive us or third parties of the usage.

§ 5 Registration

  1. In order to become active as a member on PinkMap, registration is required. By registering you enter into a contractual relationship subject to these present terms and conditions. There is no claim on a aontracutal conclusion.

  2. Signing up as a member is only permitted for natural persons of full legal capacity. Minors are not allowed to sign up at PinkMap. When signing up, only single persons can be listed as holders of a membership account (i.e. no married couples or families, no entities).

„User name“ and „password“ must consist of at least 3 characters. The user name must not consist of an email-address or a web-address if third party rights would then be infringed; it must not infringe other third party rights – particularly name or trademark rights – and it must not violate morality.

When filling out the registration form, the information provided must be true, exact, current and complete. In case of incomplete applications for membership accounts and in case of noncredible or false information, LocaMap reserves the right to deny registration to a member, revoke registration or delete the membership account after an appropriate period of time.

  1. After having checked the data provided for registration, PinkMap will send a confirmation of registration to the email-address you provided. Upon activating the link found in the confirmation-email and upon the first registration with your user name and password data, a contractual relationship between you and LocaMap, which is subject to these present terms and conditions, comes into effect. In case you were invited to PinkMap and received a respective email, you are automatically registered as a member according to these present terms and conditions upon finishing the registration process (without an additional confirmation-email being sent to your email-address).

  2. Registering as a member entitles you to using the applications for members, particularly to setting up a profile. Further possibilities of usage depend on the version of PinkMap you are using (“lite”, “premium” or web-version). Details are regulated in § 2.

  3. PinkMap reserves the right to terminate membership in accordance to these present terms and conditions, to refuse blocking or to delete a membership account after an appropriate period of time. See § 10 of these present terms and conditions.

  4. You can delete your membership account at any time. Please see our privacy policy for information about storage of data beyond the term of membership.

  5. Upon registration you may sign up for our newsletter. If you decide to receive the newsletter by clicking on the respective checkbox, you will first receive an email from us asking you to confirm this decision. For any question of data protection regarding the newsletter, please see our privacy policy. You can cancel the newsletter at any time via email or in the client-menu.

§ 6 Users’ right of withdrawal

(1) If you have registered on PinkMap for a purpose unrelated to your commercial or self-employed professional position, the following regulations are valid for you as a user in terms of the law (§ 13 Civil Code / BGB):

  1. Right of withdrawal

The user can revoke the registration for a nonpaid or premium-membership within two (2) weeks without giving reasons in writing (e.g. by mail, fax or email). This term starts upon activation of the membership by LocaMap / PinkMap, yet at the earliest upon reception of this instruction.

Further, the user can revoke the registration for a premium-membership within two (2) weeks without giving reasons in writing (e.g. by mail, fax or email) after he has upgraded from a nonpaid membership / usage to a premium-membership. This term starts upon activation of the premium-membership by LocaMap / PinkMap, yet at the earliest upon reception of this instruction.

For observing the term for withdrawal, timely posting of the withdrawal is acceptable in all of the above-mentioned cases. The withdrawal can be sent, in any of the above-mentioned cases, by notice to

LocaMap GmbH, Martin-Kremmer Str. 12, 45327 Essen

, contact@pinkmap.com

The withdrawal can also be submitted to PinkMap via the contact-form accessible from every page of the PinkMap-website or by email. The email-address of PinkMap is sent to the user by email upon registration and can also be found on http://blog.locamap.de/impressum/.

The users’ termination rights as stated in § 10 remain unaffected by the users’ right of withdrawal.

  1. Premature expiration of the right of withdrawal

The users’ right of withdrawal expires according to § 312d, Section 3 BGB (Civil Code) prematurely to the expiration of the withdrawal term of two weeks (as stated in § 4 (2)),

  • If LocaMap has started providing the PinkMap-services the user registered for with the user’s explicit agreement, or

  • If the user himself has initiated the provision of PinkMap-services he registered for (e.g. by using PinkMap-services which PinkMap provides to the user in accordance with the membership he has chosen at registration).

  1. Cancellation consequences

In the case of effective withdrawal, the benefits and possible utilizations (e.g. interest) received on both sides are to be reimbursed according to legal regulations. In case the user is unable to reimburse PinkMap in total or partially for services received, he is required to offer compensation of equal value. Any obligation to reimburse payment must be met by the user within 30 days of sending his notice of withdrawal.

§ 7 Duty of care and obligations regarding the membership account

  1. As a member you are obliged to update registration data if need be in order to keep them true, exact, current and complete. You are responsible for the correct submission of data needed for handling the legal relationship with PinkMap. In case one of the information is or might become false, inexact, out of date or incomplete or in case PinkMap is driven to assume this about the information provided, PinkMap is authorised to temporarily block or permanently delete the user account upon previous notice and to exclude the holder of the membership from using single or all services presently and in the future. Please also see § 10 of these present terms and conditions.

  2. The password and the respective user name of a member must be kept secret by the members and the access to the membership account must be carefully secured. The member commits to informing PinkMap immediatly in case there are hints that a member’s account is or was misused by third parties. In this context, we draw attention to the fact that PinkMap will never ask a member for his password by email or phone and will never pass on the password to third parties.

  3. Neither the data of the membership account (particularly user name and password) nor the use of this membership account must be transferred to third parties by the member.

  4. Members generally are liable for all activities carried out using their membership-account.

  5. Members are allowed to open several membership accounts on PinkMap.

§ 8 Users’ and members’ duties

(1) Every user of PinkMap is responsible for the contents he set up within the scope of the PinkMap-service (texts, photos, comments, articles, etc.). The user commits to observing these present terms and conditions as well as applicable law when posting contents and other user-contributions.

(2) The user is obliged to refrain from any form of abusive use of the system and the services provided therein.

(3) Members or users of PinkMap are obliged

  • To not pretend to be another person or company and to not deceive other users or providers about their identity;

  • To not use the names of persons, companies or any other names or label which violate the trademark rights, copyrights or personal rights of third parties or other legal regulations when choosing the name under which content is posted on PinkMap;

  • To refrain from using names or labels on PinkMap that glorify violence or sedition, or are related to pornography, child-pornography, incest, sodomy, political or religious extremism or terrorism;

  • spread any content that can prompt others to commit deeds which are criminal or in another way immoral or statutory illegal or that are such deeds in themselves;

  • to not publish, post, upload, discuss or make accessible in any other way on or via the website or the server of PinkMap any content or other material violating the law, morality, personal rights or other third party rights, particularly harassing, threatening or harming third parties in their dignity, honor or sexual self-determination

  • to not damage, deactivate, overload or debase PinkMap or the architecture of the programm and the respective data bases or to impair the use and indulgence of individual users and members of PinkMap;

  • To refrain from actions such as sending out useless email, sending or posting viruses or other programmes (e.g. spyware, malware, trojans, etc.). The same applis to hints on such contents, be it through textual reference or by linking to these contents or to websites promoting such contents.

  • ·

  • To refrain from all actions potentially endangering the stability or operation of the data network or the data processing centre of PinkMap or their users;

  • To not utter abusive criticism and to not spread libels, insults, lies or false information as well as untrue statements of facts about the internet-portals of PinkMap;

  • To not spread content protected by copyrights or industrial property rights without the approval of the respective holder of these rights;

  • To not post contents accessible through the system on other websites or market or spread them in any other way without explicit approval of PinkMap;

  • To not link to websites or contents that are violating the law, unsuitable for minors or in any other way illegal;

(3) Within the scope of using PinkMap it is furthermore illegal to

- make copied contents accessible or available to third parties;

- make statements or comments to other users and regarding the contents posted by PinkMap or by members that violate the law or are hurtful;

- behave in a pornographic, obscene, insulting, vulgar or in any other objectionable way;

- provide any information by concealing false identity, particularly with the intent to achieve an advantage thereby

- feed any objectionable and not explicitly requested information into the PinkMap / LocaMap servers (spamming);

- employ mechanisms, software or other scripts in connection to the use of the services provided by PinkMap which could disturb the functioning and the activity of the website;

- take any measures which could result in unreasonable or profuse strain or disturbance of the LocaMap-infrastructure;

- modify or redirect or try to modify or redirect the sites and services of LocaMap in any way and by any means that is not explicitly allowed in these regulations;

- block, overwrite or modify the contents generated by LocaMap or to interfere with the LocaMap website in any disturbing or straining way;

- distribute and/or copy the contents stored on the PinkMap-website or at PinkMap without previous assent of the holder of rights, or to replicate and/or use them in any other way. This particularly refers to copying via “robot / crawler” search engine-technologies and/or other automatic mechanisms;

(4) Violation of the obligations mentioned in (2) and (3) in particular entitles LocaMap to delete, block or remove in any other way content of the violating party. In such a case, LocaMap reserves assertion of further claims against the violating party, particularly of claims to cease and desist and claims to damages according to statutory regulations or according to the present terms. In addition, § 10 of these present terms and conditions shall be effective.

§ 9 Posting content

(1) In accordance with these present terms and conditions, members can post contents on PinkMap. In order to do so, they use the respective functions of PinkMap designed for this purpose.

(2) PinkMap reserves the right to not upload content before the email-address provided by the member and / or the validity of the content posted has been checked.

(3) All content posted by a member must be factually related to the function and the commonly intended content; they must be true, factual, objective and exact.

(4) Members are not permitted to post recommendations or comments referring to their own companies. Additionally, users’ relatives or employees are only allowed to recommend or comment on the respective companies if they openly explain their relationship to the recommended.

(5) Posting, sending or making contents accessible in any other way is particularly illegal if and insofar as the contents violate the duties of a user as stated in § 6.

(6) By posting content the user posting states his being legally authorised to the intended use. Regarding the content posted, the user assigns to PinkMap a right to use the content in the scope of its services unrestricted by time and space, particularly insofar as this is intended by these present terms and conditions for use with Pinkmap or other services provided or licensed by LocaMap. The user states that he is legally authorised to grant such a right to use. By providing contents a user signals that he wants to provide these contents for the PinkMap-services free of charge. Any evasion of the right to appropriate compensation as defined in § 32 of the German Copyright Act is hence not intended by PinkMap. PinkMap is not obliged to execute the right to use the contents by putting them online.

(7) By posting contents the member agrees to other members of PinkMap using the content insofar as this is intended by these present terms and conditions; for example, for tagging a photo with comments, linking of contents for internal purposes of PinkMap or any other use common in the scope of PinkMap. Furthermore, the member states that he wishes to make these contents accessible to other members by sending or posting contents. In the “Provacy”-section of his profile, the member has the possibility to adjust the use of his contents and the way in which and to whom these contents are displayed.

(8) Chat-conversations between users and / or members are not visible for third parties. The same is true for further content exchanged during a chat. Entries to the bulletin board and guestbook are visible to third parties. For further information about the use of contents, please see our privacy policy.

(9) In order to protect the providers, users and third parties, PinkMap reserves the right to delete or block contents which are illegal according to these present terms and conditions or for other reasons or which are potentially dangerous for the system without further notice or reason. Before deleting contents, PinkMap will, according to legal regulations, offer the user the opportunity to comment. The information about the reasons for deleting contents will be sent to the email-address the user provided when uploading the content.

§ 10 Deleting contents

(1) The right to delete entries or other contents is reserved to PinkMap.

(2) Posted contents can be edited or deleted by users within their profiles. A profile can be deleted at any time.

(3) If you wish to delete or have deleted entries, please contact us via one of our contact-addresses. We will then check your request and introduce the steps legally required.

(4) LocaMap / PinkMap are only obliged to store data or other contents on our servers after the contents have been available online in case they are legally obliged to do so.

§ 11 Copyright and industrial property rights

(1) Content, the copyrights or industrial property rights are held by third parties, must not be forwarded, spread or entered into the system or service of PinkMap without previous explicit approval of this third party.

(2) By posting contents the user / member ensures PinkMap that he holds all rights to publish and utilize these contents.

(3) The layout and the contents of the websites are legally protected. Any duplication, utilization, editing or other use must be previously approved of in writing by PinkMap.

(4) For the contents posted by users and any potential rights to use of these by PinkMap, § 7, particularly (6) and (7), shall be effective additionally.

(5) LocaMap and PinkMap are protected trademarks and brands.

§ 12 Termination, blocking, sanctions

  1. The contractual relationship can be terminated by members at any time. For the termination notice a written notice or email to PinkMap is sufficient.

  2. The contractual relationship can be terminated by PinkMap at any time with a term of 14 days to the end of a month. The right to blocking is not affected hereby.

  3. In case there are concrete hints that a member violates legal regulations, the terms and conditions of PinkMap or third party rights, or if PinkMap holds another legitimate interest, particularly in order to protect members from fraudulent activities, PinkMap is authorised to conduct the following actions:

    • warning a member

    • temporary blocking of a membership account

    • final blocking of a membership account

    • deletion or blocking of contents

    • limitation or restriction of the use of PinkMap-applications

When choosing the measure, PinkMap will take into consideration the user’s / member’s interest in the more benign possibilities of intervention as well as any potential default on the member’s side.

  1. A member can be irrevocably excluded from usage by PinkMap if he

    • does notable harm to other users or members or to LocaMap / PinkMap

    • misuses PinkMap-services

    • assigns his membership account to someone else without permission of PinkMap

    • has provided incorrect contact data, particularly an incorrect or invalid email-address

    • if another important reason, particularly in the form of a violation of these present terms and conditions, can be found.

  1. There is no claim on recovery of a membership account or the content related to it after a member was finally blocked. The blocked member must not use PinkMap with another membership account either and must not sign up anew.

  2. For any question about storage of data further to the membership-period, our privacy policy shall be in effect.

§ 13 System integrity and disturbance of LocaMap & PinkMap

  1. It is forbidden

    1. to feed any objectionable and not explicitly requested information into the PinkMap / LocaMap servers (spamming);

    1. employ mechanisms, software or other scripts in connection to the use of the services provided by PinkMap which could disturb the functioning and the activity of the website; furthermore, members must not take any measures which could result in unreasonable or profuse strain or disturbance of the PinkMap-infrastructure.

    2. modify or redirect or try to modify or redirect the sites and services of PinkMap in any way and by any means that is not explicitly allowed in these regulations;

    1. block, overwrite or modify the contents generated by PinkMap or to interfere with the PinkMap website in any disturbing or straining way

    2. distribute and/or copy the contents stored on PinkMap without previous assent of the holder of rights, or to replicate and/or use them in any other way. This particularly refers to copying via “robot / crawler” search engine-technologies and/or other automatic mechanisms.

  2. Any violation of these prohibitions particularly entitles PinkMap to conduct the actions stated in § 10 of these present terms and conditions. Further criminal or civil prosecution of the violating party remains reserved.

§ 14 Notice of misuse

(1) As a user, you can support PinkMap and inform us via email or by using the applications provided on PinkMap for such a case about matters of misuse, particularly about violations of these present terms and conditions as well as about violations of patent-, trademark-, personal and copyrights. Upon receiving such information and checking the matter reported, PinkMap will try to delete the illegal, objectionable or abusive contents within an appropriate period of time.

  1. PinkMap reserves the right to take legal action in cases of gross violations against applicable law or abuses of the reporting procedure.

§ 15 Warranty

  1. LocaMap does not warrant the availability of PinkMap, nor the completeness and correctness of the data found therein.

  2. The internet-portals are meant for information purposes only. There is no intent nor capacity of legal consultation in any case.

  3. PinkMap is responsible for the content of the information as far as required by law. There is no direct responsibility for information which was obviously posted by third parties.

  4. PinkMap does not warrant the topicality, correctness and completeness of the information or the availability of the internet-portal or single services.

§ 16 Liability

  1. IThe information posted on PinkMap is first and foremost meant for the purpose of informing users and does not claim to be complete.

  2. LocaMap / PinkMap is not liable for loss of data as a consquence of using PinkMap-software.

  3. In cases of intent or gross negligence on the side of LocaMap or its representatives and / or vicarious agents, LocaMap is liable according to legal regulations. In other cases – i.e. in cases of negligence – LocaMap is only liable according to the Product Liability Act for harm to life, body or health, or for culpable violation of essential contractual obligations, or insofar as a defect was maliciously concealed, or insofar as a guarantee about the condition of the article of sale was given. However, any claim for damages for violation of essential contractual obligations is limited to foreseeable damages inherent to this type of contract unless an additional case of coercive liability under sections (1) or (2) is given.

  4. The regulations of the above-mentioned section (1) are valid for all claims for damages (particularly for claims for damages in addition to the service and damages instead of the service), irrespective of legal basis, particularly due to defects, violation of duties of the contractual obligation or due to unauthorised action. They are also valid for the reimbursement of futile expenditures, the liability for delay and for impossibility.

  5. Liability for reimbursement of direct damages, particularly for loss of profit, can only be claimed in cases of intent or gross negligence on the side of executive staff, legal representatives or other vicarious agents of LocaMap.

  6. In case of explicit acceptance of guarantee by LocaMap, the above-mentioned exclusion of liability and restrictions are not valid.

  7. A change of the burden of proof to the disadvantage of the user and / or the member is not bound to the above-mentioned regulations.

  8. For disturbances of the telecommunication network that are not caused by LocaMap, LocaMap does not accept liability.

§ 17 Execution of rights by third parties, novation

For the purpose of the execution of the contract and the execution of the rights granted to a contractual party according to this contract, LocaMap can involve third parties. With four weeks’ notice LocaMap is authorised to assign its rights and obligations under this contractual relationship to a third party in total or in parts. In this case, the member is entitled to terminate the contract of use by sending an email to PinkMap.

§ 18 Indemnification

The member indemnifies LocaMap / PinkMap from all claims asserted by other members or third parties against LocaMap / PinkMap due to a violation of their rights by the contents posted by the respective member on PinkMap or due to this member’s sundry use of PinkMap. Furthermore, the member takes over all legal costs for necessary defense of LocaMap / PinkMap, including all court costs and lawyer’s fees in the amount stipulated by law. This is not valid if the member is not responsible for the violation of rights. The member commits to immediately, truly and completely providing LocaMap / PinkMap with all information necessary for checking the claims and setting up a defense in case a third party lays claims to LocaMap / PinkMap.

§ 19 Links to websites of third parties and exclusion of liability for websites of third parties

(1) PinkMap sets links or other connections to websites or other contents of third parties with due diligence. If you follow these links, you leave PinkMap. PinkMap does not operate the pages and services linked and contracts out of the responsibility for the content of these websites in all cases. In case you decide to access one of these linked websites, you do this on your own authority.

(2) Within the scope of using PinkMap it is possible to set links. It is forbidden to set links to websites containing illegal contents. The members are accountable for the links they set. LocaMap / PinkMap reserve the right to delete links without giving reasons. § 10 shall be valid accordingly.

  1. PinkMap supports your setting a link to its services.

§ 20 Use of mobile terminals

PinkMap has the right to edit, dress and adjust contents and offers in such a way that they can be technically displayed both on mobile terminals or software-applications of third parties and on internet-websites.

§ 21 Amendements, departures and / or additions to these terms and conditions

  1. Amendments, departures or additions to these present terms and conditions by the members require written form and the confirmation by PinkMap. The same is valid for the abandonment of the requirement to put something in writing.

  2. Amendments, departures and additions to these terms and conditions by PinkMap are announced to the members by email to the email-address stored in the membership account before they come into effect. The amendments become effective 14 days after their announcement. After they have come into effect, please log in to your membership account and accept the amendments to the terms and conditions. If you do not accept the amendments, please delete your membership account within these 14 days or give us written termination notice by mail or by email to one of the contact addresses listed in the imprint.

  3. Express warranties can only become effective after reciprocal written confirmation by both the user and PinkMap.

§ 22 Miscellaneous provisions

  1. In addition to these present terms and conditions, German law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), shall be effective. For consumers who do not enter this contract for professional or commercial purposed, the above-mentioned rights are only effective insofar as the protection provided is not excluded by effective legal regulations of the state in which the consumer has his habitual abode.

  2. The legal venue is determined by the legal regulations.

  3. In case one of the regulations of these present terms and conditions shall be ineffective, the contract remains in effect for the rest. Instead of the ineffective clause, the relevant legislations shall be effective.