General Terms and Conditions (GTC) for the use of Pigeon Magnetometer
The rights and obligations of all registered users (association, club, company and private person) regarding the use of the Pigeon Magnetometer website (www.pigeonmagnetometer.com), including all associated sub-pages and content, as well as all functions and services, are regulated here at these general terms and conditions. The contractual partner for the user and the sole owner and operator of the website (www.pigeonmagnetometer.com) is Pigeon Magnetometer. The terms and conditions contain the consent of the user to generate information, content and metadata. Further information can be found in the legal notice and the General Data Protection Regulation (GDPR).
1-1. By registering with Pigeon Magnetometer, the user concludes an agreement for the use of the website, which he can access using his access data (user name and password) he has chosen or he got assigned. By registering to use the website, the user undertakes to use the website exclusively in accordance with these general terms and conditions.
1-2. The user is obliged to provide correct and complete user data when registering. This applies in particular to company name, street, zip code, city, country, name of the contact person, gender for the salutation Mr / Ms, telephone number and e-mail address (user data). Pigeon Magnetometer has the right to request the immediate submission of documents proving the authenticity of the user data.
1-3. During the agreement, the user is obliged to keep all user data and all documents submitted for publication on the website up to date. This applies in particular to his user data. It is possible for the user to make the necessary changes independently using the functions provided on the website.
1-4. The user is responsible for the content of his registration and the user data transmitted in this context. The user guarantees the truthfulness of his user data. Incorrect information about the user data entitle Pigeon Magnetometer to immediately terminate the agreement, block access to the website and delete the user account.
2. Access data
2-2. The user is advised to choose a password that is as secure as possible, according to the state of the art and to take all necessary measures to protect the password from unauthorized disclosure and use.
2-3. The user is obliged to inform Pigeon Magnetometer immediately if he suspects, believes or knows that his access data has been used by third parties without authorization to use the website. If Pigeon Magnetometer has reason to suspect unauthorized use of the user’s access data, Pigeon Magnetometer reserves the right to initiate the necessary measures, like temporarily or permanently prevent access with the relevant access data. If through the fault of the user third parties use the access data illegally, the user is obliged to reimburse the damage. The costs arising from this use are at his expense.
3. Website availability
3-1. Pigeon Magnetometer makes every effort to avoid restrictions, hindrances, shutdowns, interruptions and other disruptions in the use of the website, insofar as this is technically possible and technically controllable by Pigeon Magnetometer. Due to the current state of communication technology, however it is not possible for Pigeon Magnetometer to completely rule out or prevent interference. This applies to all content and transmission channels that are beyond the control of Pigeon Magnetometer, and especially in the event of force majeure. Pigeon Magnetometer therefore expressly assumes no guarantee and liability for damage caused to the user by restrictions, hindrances, shutdowns, interruptions, malfunctions and other disturbances on the website (www.pigeonmagnetometer.com).
3-2. The maintenance and further development of the website can result in temporary disruptions. Pigeon Magnetometer will ensure that the disturbances are limited to a period and scope that is reasonable for the user.
3-3. Pigeon Magnetometer uses technical protective measures to protect its systems from malware and unauthorized third-party content (e.g. viruses, Trojans, spam and other malware) (e.g. reCAPTCHA V2 / V3 from Google LLC …). These include the use of filter systems where these systems are particularly useful for protecting telecommunications and data processing systems.
4. Advertising orders (best-of listing, ads, banners, links …)
4-1. Pigeon Magnetometer offers all users the opportunity to present their company and its products or services on the website (marketplace). For this purpose, the user gives Pigeon Magnetometer an advertising order and transmits the relevant data (text, images, links …).
4-2. Pigeon Magnetometer assumes no responsibility, liability or guarantee for further communication (s) and / or contracts, arrangements, conventions, obligations and agreements that are exchanged or concluded as a result of the advertising orders. Claims arising from agreements between users for whatever legal reason exist exclusively between the users of the agreement (s) and expressly not with Pigeon Magnetometer and / or one of the partners of Pigeon Magnetometer in relation to the website (marketplace). Pigeon Magnetometer only provides the website (marketplace), but has no legal relationship or responsibility for the business transactions between users.
4-4. The user must ensure that he has the necessary rights for all of his advertising order data transmitted to Pigeon Magnetometer.
5. Restriction to adults and other requirements
5-1. The website may only be used by natural persons. Users must be over the age of 18 or have permission from their parents or legal guardians, which they confirm with the registration.
5-2. Pigeon Magnetometer reserves the right to ask users to confirm these requirements.
5-3. By accessing the website, you confirm that you meet the age of your country, as well as our specified age (18 years old) and other requirements for using the website. Those who access the site or use them, do so voluntarily and are fully responsible for compliance with applicable laws.
6. Pigeon Magnetometer for business customers, associations and clubs
6-1. Business customer (association or club) is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
6-2. The website offers every user the possibility of a professional Pigeon-Flight-Preparation. In addition, he has the opportunity to present his own company on the website (best-of listing, ads, banners, links …).
6-3. The user has no legal claim to this website presentation (best-of listing, ads, banners, links …). Pigeon Magnetometer can reject it without giving a reason.
6-4. As far as the offer of Pigeon Magnetometer, sufficiently recognizable for the user, it is only aimed to business customers, private users are prohibited from using these services. Pigeon Magnetometer reserves the right to check whether the user is a business customer or a private person (e.g. checking address data, business registration, tax number …).
7. Pigeon Magnetometer for private customers
7-1. Private customers (consumers), within the meaning of these terms and conditions and the cancellation policy, is any natural person who concludes a legal transaction for a purpose that can predominantly neither be attributed to their commercial nor their independent professional activity.
7-2. All points of the GTC are also binding and valid for all private customers.
8. Change in the scope of services of Pigeon Magnetometer
8-1. The further development of the website is an essential part of the Pigeon Magnetometer range of services. The further development includes, among other things, the adaptation to technical and legal progress, in consideration of the requirements of users in the use of the website.
8-2. Pigeon Magnetometer may change the website as well as its functions and prices at any time, without giving reasons.
8-3. Pigeon Magnetometer advises that the permanent availability of free functions, services or products is not guaranteed.
9. Conclusion, duration and termination of the agreement
9-1. The agreement between Pigeon Magnetometer and the user will be closed, as soon as Pigeon Magnetometer activates the registered credentials. Activation takes place after receipt of payment and verification of the user data, usually on the same or next day (24 hours). Pigeon Magnetometer reserves the right to delay activation up to 3 days (72 hours) (holidays, weekends …).
9-2. The agreement is concluded for an indefinite period. The user can cancel the agreement (membership) at any time in his own account and thus finish it.
9-3. Pigeon Magnetometer reserves the right to limit or discontinue functions that can be used free of charge, at any time.
9-5. The right of both parties to extraordinarily terminate the agreement for a essential reason, remains unaffected.
10. Unlawful use, suspension
10-1. Users may only use the website in a manner or for purposes that do not violate these GTC or applicable law or violate the rights of third parties. In this regard, the user undertakes in particular:
- not to use the website to post defamatory, offensive, or otherwise unlawful material or similar information.
- not to insult, harass or defame other users.
- not to violate copyrights, trademarks or property rights of other users or third parties, by using the website.
- not to send any unsolicited serial letters.
- to send e-mails to other users exclusively for the purpose of initiating business (best-of listing, ads, banners, links …).
- not to upload any data containing malware or a virus to the website.
- not to upload data to the website that contain copyrighted software and / or other copyrighted materials, unless the user has the appropriate rights to do so or has obtained the necessary consent from the owner of these rights.
- not to use the website for trading in goods and / or services that do not comply with import / export regulations, including safety regulations.
11. Consent to the use of information, content and metadata
11-1. In addition to the platform services, Pigeon Magnetometer supports users with branch-relevant “metadata”, used in particular as a basis for sales management and investment decisions.
11-2. When using the Pigeon Magnetometer website, metadata is also generated which documents the interests of the user.
11-3. Pigeon Magnetometer generates the metadata, based on data that are typically of a public nature and do not represent trade or business secrets. Pigeon Magnetometer will also comply with data protection regulations when creating and using the metadata, and refers to the data protection guidelines of Pigeon Magnetometer. Information on the person and contact of the user (data on the person) are not part of the metadata, unless they are also public information about the company (e.g. if the user is a manager and provides the publicly known telephone number or e-mail address). Metadata based on user behaviour (e.g. how often users are interested in certain services) is generated anonymously. Aggregated values are generated, that do not allow any conclusions to be drawn about individual users.
11-4. The user agrees, that the information provided on the website for the generation and use of metadata for sales management, investment decisions or other market research, will be used by Pigeon Magnetometer, and made available to other users and contractual partners of Pigeon Magnetometer. The consent is also non-exclusive, only permission to use but no ownership of the data is transferred, i.e. the user’s own right to use his information is not restricted. Statutory revocation rights of the user remain unaffected. The user declares that the information on which the metadata is based within Pigeon Magnetometer, do not constitute trade or business secrets, and that he is entitled to provide the information to Pigeon Magnetometer and to allow the use to generate metadata.
11-5. The metadata are anonymized, and processing for the aforementioned purposes takes place without identifying personal information.
11-6. Furthermore, users of Pigeon Magnetometer allow the use of their information and uploaded content (images, videos, texts, 3D models, etc.), provided this is necessary for the operation and development of the Pigeon Magnetometer online offer. For this purpose, in particular, the reproduction, distribution, publication and processing of the uploaded content is permitted.
12. Warranty and indemnification
12-1. Business customers have to check the services of Pigeon Magnetometer, and if a defect becomes apparent, notify Pigeon Magnetometer immediately. Defects are to be immediately reported (e-mail is sufficient), in writing by means of a comprehensible description of the error symptoms (screenshots or other). Statutory inspection and notification obligations of the user remain unaffected.
12-2. Claims for damages are subject to the restrictions of points 13 and 14 of these GTC.
12-3. Claims for defects do not exist in the case of an insignificant deviation from the agreed or assumed quality, or in the case of only insignificant impairment of the usability of the services of Pigeon Magnetometer in accordance with the purpose of the agreement. Pigeon Magnetometer expressly assumes no guarantee or liability for:
- false information provided by the user, in relation to the user data transmitted during registration, or other data that was uploaded to the website or otherwise provided by the user.
- uninterrupted availability of the website or possible system or network-related failures, interruptions or malfunctions of the installations or services of the website, insofar as these are beyond the control of Pigeon Magnetometer.
- errors due to force majeure or failure of communication networks and gateways, as well as minor malfunctions and malfunctions of the website.
- unauthorized acquisition or use of the user’s personal data by third parties (for example as a result of unauthorized access by hacking the database).
- assurances of all kinds that the user makes to other users.
- the correctness or completeness of the user data or other data, uploaded to the website or otherwise provided by the user.
- the work done by the users.
12-4. Pigeon Magnetometer assumes no guarantee or liability for all products, services and data provided, and / or the resulting consequential damages. This applies to their quality, correctness, accuracy, functionality, availability, etc. This also includes Pigeon Management Software, Wind & Weather and the Magnetometer data.
13. Liability and Compensation for Non-US users
13-1. Pigeon Magnetometer, is only liable in accordance with the following regulations, any other liability is excluded.
13-2. Pigeon Magnetometer is liable for damage caused wilfully or negligently by Pigeon Magnetometer, its legal representatives, other vicarious agents or managerial staff, up to EUR 50 (fifty).
13-3. Pigeon Magnetometer is liable for damages resulting from the violation of cardinal obligations by Pigeon Magnetometer, its legal representatives or vicarious agents. Cardinal obligations are the essential obligations, which form the basis of the agreement, and were decisive for the conclusion of the agreement, on whose fulfilment the user can rely. If Pigeon Magnetometer has violated these cardinal obligations through slight negligence, its liability is limited to compensation for the foreseeable, typically occurring damage. The typical damage is generally limited to the specified amount. The typical damage in this case is limited to maximum EUR 50 (fifty).
13-4. Pigeon Magnetometer is not liable for product liability damage in accordance with the regulations in the Europe and Swiss, or any other and mandatory product liability law.
13-5. Without prejudice to the liability regulation in these terms and conditions, Pigeon Magnetometer is not liable for the loss of data. The user is obliged to back up his data himself. In any case, the user must allow contributory negligence. In the event of termination, the user is responsible for backing up his data beforehand.
13-6. Pigeon Magnetometer is not liable for damage caused intentionally or negligently from injury to life, body or health, by its legal representatives, other vicarious agents or executive employees.
14. Liability and Compensation for US users
14-1. The same restrictions apply to US users as under point 13 of these terms and conditions (liability and compensation for Non-US users). All points of the “General Terms and Conditions (GTC)” are also valid for US users. By registering with Pigeon Magnetometer (www.pigeonmagnetometer.com), the US user expressly waives all US American rights, including US American data protection rights.
15. Changes of the General Terms and Conditions
15-2. Pigeon Magnetometer mainly intends to make any future changes to the GTC:
- if the change serves to establish conformity of the terms and conditions with the applicable law, especially if the applicable legal situation changes.
- if the change serves to comply with mandatory judicial or administrative decisions.
- if new services of Pigeon Magnetometer, or service elements as well as technical or organizational processes require a description and / or extension in the terms and conditions.
- to protect the successful business development of Pigeon Magnetometer and its users, and its further development.
16. Place of jurisdiction and applicable law
16-1. The legal relationships between Pigeon Magnetometer and the customers (all users) are exclusively subject to European law (EU law), under exclusion of supranational law as well as interstate and supranational referral rights. The agreement of the applicable law also applies, if the user does not have his registered office and / or his home address in the European Union (EU). No US American rights apply to these legal relationships between Pigeon Magnetometer and its customers, nor are they valid.
16-2. The place of fulfilment is the headquarters of Pigeon Magnetometer (see legal notice). Pigeon Magnetometer determines the respective place of jurisdiction for all disputes arising from or in connection with the agreement. Pigeon Magnetometer reserves the right to assert its claims, at the legal place of jurisdiction of the user.
16-3. The user may only transfer claims against Pigeon Magnetometer based on this agreement to third parties, with the written consent of Pigeon Magnetometer.
16-4. The contract languages are German and English.
16-5. Pigeon Magnetometer is neither willing nor obliged to take part in a dispute settlement procedure in front of a consumer arbitration board.
16-7. Should one or more of the regulations of these terms and conditions be or become ineffective, this shall not affect the validity of the remaining regulations. Rather, the ineffective regulations will be replaced by a supplementary interpretation that comes as close as possible to the economic purpose, pursued by the parties with the ineffective regulations. The same applies to the filling in of any regulatory gaps.
18. General data protection regulation (GDPR)
18-1. The user agrees to all points of these terms and conditions and allows Pigeon Magnetometer to collect, process and save all of his data in accordance with the GDPR. The user expressly waives his or her right to submit a complaint against Pigeon Magnetometer for violations of the GDPR. GDPR = Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data, on the free movement of data and on the repeal of directive 95/46 / EG (data protection Basic regulation).
19. Transfer of data and services
19-1. It is forbidden for any user to pass on or publish Magnetometer data in any way. This also applies to all other data, services and products (Pigeon Management Software, Wind & Weather, etc.) that are only visible to logged-in users.
20-1. Until further notice, Pigeon Magnetometer will provide Pigeon Management Software (PMS 1-3) free of charge. Pigeon Magnetometer assumes no liability or guarantee for this software. The user waives any kind of damage claims against Pigeon Magnetometer, when downloading or using this software. This also applies to any other software or file, which is available for download.
20-2. It is forbidden for the user to pass on, copy or sell the Pigeon Management Software (PMS 1-3) to other people.
21. Additional Terms and Conditions
21-1. In addition to these terms and conditions, Pigeon Magnetometer can agree other terms and conditions with users. In this case, the regulations of the specially agreed terms and conditions take precedence.
21-2. In particular, the consent to additional agreements / licenses for the use of certain functions or software can be required, if these agreements / licenses are lawful and the consent is reasonable for the user.
21-3. Divergent and / or otherwise conflicting terms and conditions with regard to the website are expressly rejected by Pigeon Magnetometer, even if the services are performed in individual cases without contradicting the terms and conditions of the user.
21-4. Descriptions of the services of Pigeon Magnetometer on websites in brochures and in comparable advertising material do not have the character of an assurance or a quality or other guarantee.
General Terms and Conditions (GTC) valid from January 1, 2021
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