of Bembel Divers GbR
These are the General Terms and Conditions (hereinafter "GTC") of
Bembel Divers GbRwhich govern the use of this offering, the TauchApp, a service for diving enthusiasts.
The TauchApp is available in the respective app stores. The TauchApp is continuously evolving and new distribution channels may be added or removed.
The operator of the TauchApp and therefore the contractual partner of the users of the TauchApp is Bembel Divers GbR (hereinafter: the Provider).
These GTC contain the terms and rules of conduct for the use of the TauchApp and for all legal transactions and quasi-legal actions carried out between users and the Provider. It is possible that additional terms apply to certain special services. These will be provided to users before use in the form of supplementary terms. GTC or terms of use deviating from these General Terms and Conditions shall have no validity unless the Provider expressly agrees to them.
"Works" within the meaning of these GTC are all personal intellectual creations within the meaning of Section 2 of the German Copyright Act (UrhG), photographs within the meaning of Section 72 UrhG, and other products protected by related rights. In particular, "works" within the meaning of these GTC include texts, images, graphics, trademarks and company logos, videos, and audio files.
"Content" within the meaning of these GTC comprises all works, comments, current announcements, and other information on the TauchApp. This may in particular include dive and water information such as visibility, dive duration, temperature, or dive depth.
"Users" within the meaning of these GTC include both consumers and businesses. Consumers within the meaning of these terms are natural persons who enter into legal transactions for purposes that are predominantly outside their trade, business, or profession. Businesses within the meaning of these terms are natural or legal persons or partnerships with legal capacity who, when concluding a contract with the Provider, act in the exercise of their commercial or independent professional activity.
Registration for the TauchApp, use of the TauchApp, and posting your own content, including supplementing and commenting on others' content, are free of charge for users.
The TauchApp is a medium for collecting individual users' dive and water information and making it available to all users of the TauchApp.
The TauchApp may offer goods and services from the Provider's cooperation partners, which users may purchase from those cooperation partners. The sales process takes place via the respective seller's website. The Provider merely facilitates contact between buyer and seller. The Provider does not become a party to the contracts concluded between users.
Use of the TauchApp requires free registration by the user. Use of the TauchApp by users is only permitted within the scope of statutory provisions and these GTC.
A prerequisite for using the TauchApp is opening a member account. With this member account, the user can log in to the TauchApp.
During registration, the user provides a username (alias), their first and last name, gender, and email address, and chooses a password. The Provider then sends the user an email to verify the email address containing an activation link. With this email, the Provider makes an offer to conclude a usage agreement. The user accepts this offer by clicking the activation link, confirming that they have read the GTC, and then clicking [Accept]. The member account is then activated and can be used in full. The Provider reserves the right to reject the registration without giving reasons.
All information can be changed or supplemented by the user at any later time in the profile settings. Only the username, profile picture, and user status are shown in the user's public profile. In addition, the dives recorded, images uploaded, and comments published by the user are shown. Any further data from the personal profile is not published on the TauchApp and is not publicly accessible.
The password chosen by the user must be kept secret. In particular, the user must ensure that access data does not fall into the hands of third parties who could then use the member account. In the event of loss of the password, or suspicion that a third party has obtained knowledge of it or is using the user profile, the user is obliged to notify the Provider immediately. To protect against unauthorized access by third parties, the password should be changed regularly.
The information required upon registration must be provided completely and accurately. Changes to the information provided must be reported by the member without delay or corrected in the profile settings. The member account is not transferable.
The contract between the user and the Provider is concluded for an indefinite period. The contract may be terminated by either party at any time by notice in text form.
The right to block member accounts remains unaffected by this.
The user grants the Provider the non-exclusive right, unrestricted in content, territory, and time, to use the works uploaded to the TauchApp (e.g., texts, images, graphics, videos, audio files) free of charge, as often as desired, without content, territorial, or time restrictions, on all websites operated by the Provider. The Provider is entitled to present, publish, reproduce, distribute, and rent the works in online and offline networks (e.g., photo books and flyers), to digitize them, store them electronically, make them available to internal and external users, and use them for advertising customary in the industry.
The Provider receives the right to make the works publicly accessible in its app, in RSS feeds, search engines, and widgets.
The transfer of rights under Section 6 also covers websites of other operators to which the Provider sublicenses the works.
The user guarantees that they are the author of the works or hold sufficient rights of use and exploitation permitting use on the TauchApp.
The Provider of the TauchApp is entitled to edit, shorten, and modify the works while respecting copyright.
The user undertakes towards the Provider not to post any unlawful content on the TauchApp. Accordingly, the user shall in particular not supply, offer, provide access to, or advertise content (in particular works) that violate the provisions of the Criminal Code or the Narcotics Act, Medicines Act, or Weapons Act, or that
The user is also prohibited from distributing or publicly communicating content from the TauchApp or from other users, unless such distribution and public communication is intended within the scope of using the TauchApp or the other user has consented to the distribution and public communication. Furthermore, the user is not permitted to place hyperlinks in their posts. The Provider reserves the right to remove such links immediately. Posting sham offers that merely serve to advertise services outside the Provider's TauchApp is also prohibited.
The user warrants to the Provider that they are entitled and able to grant the rights to the specified extent in the works they post. In particular, the user warrants that they will not post any works that infringe the copyrights, trademark rights, or other intellectual property rights of third parties. They also warrant that they will not post any content that violates competition law. The user is obliged to inform themselves accordingly and, if there are doubts about entitlement, to verify them. Doubts exist in particular when
The user further warrants not to post any content on the TauchApp that otherwise infringes third-party rights, or whose content is unlawful or has been declared impermissible by the Provider.
The Provider is liable in accordance with statutory provisions, subject to the following limitations: The Provider is not liable if the user's damages result from the loss of data. Nor is the Provider liable for the constant technical usability and availability of the TauchApp. Liability of the Provider for atypical or unforeseeable damages is excluded. This does not apply if the damage relates to life, body, or health, was caused intentionally or through gross negligence, results from the absence of a guaranteed quality, or results from the culpable breach of a material contractual obligation, the fulfillment of which makes the proper performance of the contract possible in the first place and on whose observance the contracting partner may regularly rely (cardinal obligations). Liability under the Product Liability Act also remains unaffected.
The Provider is, however, not liable for the accuracy, quality, completeness, reliability, nature and quality, or credibility of the content posted by members. Such content does not represent an expression of opinion by the Provider; in particular, the Provider does not adopt members' content as its own. The Provider is not liable for the accuracy or timeliness of content posted by other users.
The user is solely responsible for all grants of usage rights, contributions, content of their user profile, and offers.
The user shall indemnify the Provider against third-party claims asserted against the Provider and its legal representatives and/or vicarious agents due to the use of the granted rights or due to infringement of personal rights or other unlawful content (posts, comments, user profile content, offers, etc.). The user shall bear the resulting judicial and extrajudicial costs of legal defense incurred by the Provider, its legal representatives, and/or vicarious agents, up to the amount of statutory fees. The user shall support the Provider in defending against such claims. The indemnification is subject to the Provider promptly informing the user of the assertion of claims and conducting its legal defense in accordance with the user's instructions, provided this is not obviously futile.
The Provider has the right to permanently block users and refuse renewed access to the TauchApp. A permanent block by the Provider is possible in particular in the case of serious violations of these GTC, violations of the obligation to truthfully provide the required personal data, or serious violations of the prohibition on posting impermissible content. A permanent block may also be considered for other good cause, in particular in the event of loss or suspected misuse of access data by a third party. The permanent block will be communicated to the user in text form.
As a milder measure, the Provider may also temporarily block the user in the event of violations of these GTC in order to compel compliance with their obligations. A block will be communicated to the user in text form. In the event of a block of the member account, the user is prohibited from re-registering with the TauchApp and opening a new member account until the Provider has given express prior consent.
In addition, as an even milder measure, the Provider may delete offers that violate statutory provisions or these GTC. When choosing the measure, the Provider takes into account the legitimate interests of the user, in particular whether they are at fault for the violation.
The collection of user data serves to provide a user-friendly, efficient, and secure online offering.
All information on data protection and data security can be found in the Provider's Privacy Policy.
By concluding the contract, the user agrees that they have read and accepted the Provider's Privacy Policy.
The Provider reserves the right to continuously edit, update, expand, restrict, or discontinue individual functions of the TauchApp.
The Provider is entitled to transfer its rights and obligations under this contractual relationship, in whole or in part, to a third party, subject to four weeks' notice. The user is entitled to terminate the usage agreement at any time.
These GTC are subject to change by the Provider at any time.
Changes and the new GTC will be communicated to the user by email or within the app. The new GTC shall be deemed agreed if the user does not object to their validity within six weeks of receiving notice of new or amended GTC. The objection must be made in text form. The Provider will separately point out the possibility of objection, the deadline, the form, and the consequences of inaction.
The contractual relationship between the user and the Provider, as well as these GTC, shall be governed exclusively by the law of the Federal Republic of Germany. The application of German international private law is excluded.
The mandatory consumer protection provisions applicable in the state in which the user has their habitual residence remain applicable insofar as they provide the user with more extensive protection.
(Last updated: April 2022)