Terms of Use

I. General

(1) HomeToGo GmbH, Pappelallee 78/79, 10437 Berlin, (“HomeToGo”) operating under its brand Mapify (hereafter referred to as “Mapify”, “we” or “us”) provides a technical interface for the travel community by displaying individual travel experiences that inspire. Mapify is based on amazing photos from travelers all over the world that our community members often use in a professional way.

(2) By posting or uploading content, such as photos, descriptions, etc., potentially protected by intellectual property rights, respectively copyrights, (“Content”), you expressly grant us a non-exclusive, transferable, sub-licensable, royalty free, worldwide, perpetual license to use any such Content in the way further described (“License”). In order to provide the services of Mapify it is necessary that the Content posted or uploaded by you is stored, hosted on servers, made available for retrieval, is technically duplicated, displayed and made publicly accessible and advertised. Therefore, this License includes the right to reproduce, distribute and exhibit the Content, the right of recitation, performance and presentation, the right of making the Content available to the public, to broadcast it for all types of reproductions, whether for film, electronic media or online services. The License also includes the right to edit or otherwise modify the Content in any way respecting the peculiarity of the Content. Furthermore, the License includes the right for Mapify and for HomeToGo’s group entities to fully or partially use the Content for promotional reasons, to design their platforms and/or to enhance any communication, also by altering photo titles, descriptions, tags and other accompanied information accordingly.

(3) You can revoke your License by deleting the Content or by terminating your account. Please be aware that Content may persist in backups for a reasonable period of time, if you delete the Content or your account.

(4) You warrant that you are the sole owner of all rights in relation to the Content, including but not limited to copyrights and that you are entitled to post or upload the Content, without infringing any intellectual property rights. You guarantee that any identifiable person imaged on a photo you post or upload has provided the legally required consent to such use and is informed about our use. If third parties assert claims against HomeToGo or its group entities in this regard, you shall be obliged to indemnify us from all costs and claims (including legal fees), as far as you are liable.

(5) You are responsible for ensuring that you use the services of Mapify only in accordance with applicable laws and these terms of use. In particular, it is not allowed to

  • access our website by using unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper;
  • upload, post or make publicly accessible any Content that is harassing, defamatory, threatening, obscene, pornographic, sexual, hateful, violence-glorifying, racist or in any other way legally objectionable;
  • make publicly available or disseminate Content that contains programs or files that could damage anyones hardware or software, e. g. viruses, worms, etc.;
  • allow others to access your account, especially to upload or post Content through your account, or to sell or otherwise transfer your account;
  • attempt to gain unauthorized access to another person’s account or otherwise interfere with their use;
  • indicate false or misleading information when using the Mapify services, in particular with regard to the origin or source of Content you post or upload;
  • copy any Content of other registered members of Mapify. Any use of the Content, even in extracts, especially for commercial purposes requires the prior permission of Mapify. In principle, the registered members are eligible as copyright holders. Mapify cannot represent and warrant that a user of the Mapify services will not be able to download the Content
    posted or uploaded.

(6) We reserve the right to check, edit, delete or block your Content, namely your photos, under preservation of the respective moral rights. However, we do not assume any obligation to check, edit, delete or block Content.

(7) You are responsible for keeping your login credentials secret and secure and are solely responsible for your conduct and any Content that you submit, post or display on or via the Mapify services.

(8) Violation of these terms of use may, in Mapify’s sole discretion, result in termination of your Mapify account. You understand and agree that Mapify cannot and will not be responsible for the Content posted and you use the Mapify services at your own risk.

II. Accounts

(1) You can register as a member of the Mapify community by signing up. Please follow the respective instructions in the course of the registration.

(2) A user account can be set up with the personal email address or the personal profile of a social network (e.g., Facebook) or via Apple.

(3) If you create your account using a personal profile from a 3rd party service (e.g. Facebook, Apple) you give us permission to access and use your information from that service as permitted by that service, and to store your log-in token for that service. You find further information about connecting via 3rd party services in our Privacy Policy.

(4) Changes to user information can be made in the user profile. You can upload Content through the user account, create trips and publish them within the Mapify services.

(5) Mapify reserves the right to temporarily block user accounts, to irrevocably delete them, or to take other necessary measures if the user violates applicable laws or these terms of use.

III. Termination

Mapify may terminate your access to all or any part of the Mapify services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this agreement or your account (if any), you may delete your account in the settings of your account profile. All provisions of these terms of use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and liability.

IV. Liability

(1) The website and mobile applications are provided “as is”. Mapify and its licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Mapify is not liable for the accuracy, quality, completeness, reliability or credibility of Content.

(2) Mapify is not liable for any technical disruption where the cause lies outside of Mapify´s field of responsibility, or caused by force majeure.

(3) Mapify does not guarantee uninterrupted access to services. Mapify retains the right to conduct technical maintenance as required for as long as necessary.

(4) Mapify is only liable for damages, regardless of legal basis, caused by deliberate intent and gross negligence. There is no liability for simple negligence except in cases of injury to life, body or health and for claims arising under the Product Liability Act.
(5) Limitations to Mapify´s liability also apply to the personal liability of all employees, representatives and agents.

V. Privacy

(1) Mapify gives the highest priority to protecting user information. For further information please refer to the Mapify Privacy Policy.

(2) Personal information is only provided, processed and utilised with the consent of the user or where the collection, processing or use of such data is permitted by law.

VI. Changes

(1) Mapify retains the right to make changes to the terms of use with appropriate notice of at least six weeks. In the case of any changes, Mapify shall announce the changes on the website, and nominate the date at which the changes are to enter into effect.

(2) Where you do not reject these changes within six weeks from the announcement date, the amended terms of use shall be deemed accepted by you. Users shall be reminded of this in the changes to conditions announcement.

VII. Final Conditions

(1) The laws of the Federal Republic of Germany apply, excluding the UN Convention on the International Sale of Goods (CISG).

(2) Should one of these terms become invalid in whole or in part, or unworkable under law, this does not affect the validity of the remainder of the terms of use.

(3) The European Commission Platform provides a platform for Online Dispute Resolution. You can find this platform under the following link: ec.europa.eu/consumers/odr/. Mapify does not participate in, or is obliged to participate in, an online dispute resolution before a consumer dispute resolution institution.

Version 2 - As of July 2022