Additional conditions for using the Outdooractive DATA API

In addition to the General Terms and Conditions of Outdooractive AG for corporate customers (see here), the following additional conditions apply to the use of the Outdooractive DATA API.

 

 

§ 1 Scope

(1) These General Terms and Conditions for the use of the data API apply to all contracts between Outdooractive AG, Missener Straße 18, DE-87509 Immenstadt, phone: +49 8323 8006-0, fax: +49 8323 8006-190, mail: info@outdooractive.com, registry court, registry number: District Court Kempten, HRA 8939 general partner: Outdooractive AG is represented by the CEO, Hartmut Wimmer (hereinafter called “provider”) and its customers (hereinafter called “API user”) involving the use of the Outdooractive DATA API (hereinafter called “API” or APIs”) even if this is not separately agreed. The General Terms and Conditions of the DATA API apply in addition to the General Terms and Conditions for corporate clients (B2B). In case if contradictions between the B2B General Terms and Conditions and the General Terms and Conditions of the DATA API the latter shall prevail.

Unless otherwise expressly agreed, these Terms and Conditions shall apply exclusively in the version valid at the time the contract was concluded. The most recent version of the Terms and Conditions can be viewed, downloaded and printed at any time at https://corporate.outdooractive.com/en/api-terms/.

By using the API, the API user expressly agrees to the application of these Terms and Conditions and waives the assertion of its own deviating terms and conditions and / or purchase and payment conditions. Other terms and conditions do not apply even if the provider does not expressly contradict them in individual cases. Deviating terms and conditions of the API user will only apply if they have been agreed separately, expressly and in writing. If the API user does not agree with this, he must immediately inform the provider in writing.

(3) API users within the meaning of these Terms and Conditions are exclusively entrepreneurs within the meaning of §§ 14, 310 paragraph 1 of the German Civil Code (BGB), i.e. any natural or legal person or legal partnership that acts in the execution of the contract in the exercise of their commercial or independent professional activity. A provision of the application to consumers is excluded.

(4) In individual cases, individual agreements with the API user (including ancillary agreements, additions and changes) shall in any case take precedence over these General Terms and Conditions. Subject to counterevidence, the content of such agreements shall be governed by a written contract or written confirmation by the provider.

 

§ 2 Subject of the contract

(1) The provider provides the API user with APIs (Application Programming Interface), with the help of which users can access content from the Outdooractive platform to use on their website, in their applications, widgets or other electronic media.

(2) The data provided by the provider via the respective APIs is specified in the respective API documentation.

(3) Apart from IP addresses, the APIs do not transfer any personal data of the users of the platform Outdooractive or the customers of the provider.

 

§ 3 Conclusion of contract

Insofar as the contract is not already concluded in accordance with § 3 of the B2B Terms and Conditions, a contract comes about by the registration as a user (offer) and the opening of access to the registered area by the provider (acceptance of the offer). In any case, the use of the API services justifies a conclusion of the contract.

 

§ 4 Definitions

(1) „Application“ in the sense of these Terms and Conditions is any software that can gain read and / or write access to the APIs.

(2) „API key“ and „project key“ in the sense of these terms and conditions are digital keys assigned to the API user by the provider, through which the API user can be identified and by which he is entitled to use the respective API.

 

§ 5 Consent requirement before making publicly available

(1) A public accessibility of the contents of the APIs in an application may only be made after prior acceptance by the provider. For this purpose, websites are to be made accessible on a preview system two weeks before their live presentation, and to submit apps in a test copy.

(2) In the acceptance, the offers to be published are checked with regard to their conformity with the API Guidelines. In particular, compliance with the labeling obligations under § 8 is binding and a prerequisite for acceptance.

After successful examination, a written approval by the provider. The provider undertakes to carry out an acceptance within a maximum of five working days after the transmission of the access data or the test app.

 

§ 6 Availability of the offer

(1) The provider provides the API user with access to the respective APIs from the time the API key or the / the project key was handed over, but excluding the agreed times of announced unavailability.

(2) The available usage also includes the periods during

• disruptions in or due to the condition of any part of the technical infrastructure not required by the provider or its agents to access the APIs;
• disruptions or other events not caused by the provider or one of its vicarious agents, e.g. the exceeding of an agreed authorized use of the application;
• insignificant reduction in suitability for contractual use;

(3) Announced unavailability

(3.1) In times of announced unavailability, the provider is entitled to restrict or discontinue access to the APIs in order to maintain servers as well as to perform backups or other work. Announced unavailability and its estimated duration will be announced to the customer at least seven days in advance. This period may be shortened in justified exceptional cases.

(3.2) Use of the application in times of announced unavailability

If and insofar as the API user can use the application in times of the announced unavailability, there is no legal claim to this. If the use of an application in times of announced unavailability leads to a reduction or discontinuation of service, the customer has no claim to liability for defects or damages.

 

§ 7 Usage rights and usage restrictions

(1) The Provider grants the API user the limited, non-exclusive, non-transferable, non-sublicensable and worldwide right to use the API-related content for the duration of the agreement for the purpose of presenting the content within its application.

(2) Any use of the APIs or the content retrieved via the APIs beyond the scope of paragraph 1 is prohibited and requires the written approval of the provider for each individual case. In particular, the API user is prohibited from distributing or making accessible the content obtained via the APIs, from selling, renting, modifying, decompiling or converting it. As far as storage and / or duplication of the contents is absolutely necessary (example: storage of contents on the servers of the API users), this is permitted to the API user with the proviso. In this case, the API content must not be altered, falsified or alienated. The source information and the licenses are to be marked according to paragraph 8.

(3) The provider’s APIs may not be used to the extent that affects the stability of the provider’s servers (for example: mass downloads).

(4) The APIs may not be used for the operation or advertising of illegal websites.

 

§ 8 Duties and Obligations of the API User

(1) The content obtained via the provider’s APIs must always correspond to the current status of the provider’s database. To this end, the API user is required to update the Provider’s API content at least every 24 hours.

(2) The application of the API user must be designed in such a way that a clear distancing from the provider can be recognized. In particular, the application must not give the impression of being an offer from the provider.

(3) The reference of the content via the APIs of the provider must be identified by the API user. In particular, the API user must adhere to the following guidelines.

(3.1) The API user must indicate the origin of the data used. For this purpose, the following information must be stated in the imprint: This website uses the technology and content of the Outdooractive Platform. The note is to be provided with the logo of the provider. Note text and logo must link to the homepage of the provider. In the case of websites, the link must not be installed deeper than navigation hierarchy “two” and must be clearly visible. A deviant hint text may only be used in text form after approval by the provider.

(3.2) Copyright obligations must be respected. Unless otherwise agreed in writing, the API user must cite the source and author of the content, including its logos, in all detail views of the content related through the APIs. Existing licenses must be indicated and, as far as available, linked to the license text in compliance with the respective license specifications. Sentences 2 and 3 do not apply, as far as the API user either owner of exclusive rights of use of the content or according to § 31 para. 3 p. 2 German Act on Copyright and Related Rights (UrhG) is entitled to use. In any case, content must contain at least one search engine-relevant link to the homepage of the provider.

(3.3) Paragraph 3.2 is also to be applied to visual material with the proviso that the API user, even if he is the owner of an exclusive right of use, the author or photographer according to § 13 UrhG, must be clearly assigned to the respective image.

(3.4) Details of the marking, in particular its technical implementation, are given in the API documentation including the labeling guidelines. These are part of the contract and will be handed over to the API user at the beginning of the contract at the latest. They can be viewed and printed at any time http://developers.outdooractive.com/Overview/Guidelines.html.

(3.5) The provider is entitled to adjust the details of the information obligations in the event of a change in the legal situation or a significant change in the state of the art. Such changes will be announced by the provider to the API User no later than six weeks prior to the effective date of such change in writing. If the API user does not object to the change in writing within a period of two weeks from receipt of the change notification, the change becomes part of the contract. The provider shall inform the API user of any announcement of changes to the aforementioned deadline and the legal consequences of its expiry if the possibility of objecting is not perceived.

(4) The content obtained through the APIs may NOT be released for search engine indexing in the application of the API user. For this purpose, all pages with content obtained from the APIs are to be provided with the HTML robots meta tag “noindex”. Excluded from this rule are content in which the user is the source of the content himself.

(5) Insofar as no automated tracking is carried out by the respective API used, the user is obliged to provide the contents of each presentation with the tracking code assigned by Outdooractive. This code is defined by the respective API documentation. Changes are to be reproduced by the user in a timely manner.

 

§ 9 Data security, data protection

(1) The contracting parties will comply with the respectively applicable data protection regulations, in particular those valid in Germany, and oblige their employees employed in connection with the contract and its implementation with the data to confidentiality according to § 53 of the Federal Data Protection Act, insofar as these are not already generally obligated accordingly.

(2) If the API user collects, processes or uses personal data, in accordance with the applicable provisions of the data protection act, he shall ensure that he is entitled to do so and release the provider of third-party claims in the event of a breach. In particular, the application of the API user may not contain any functions with which user names or passwords of users of the platform Outdooractive or customers of the provider are retrieved, collected or processed in any way.

(3) The provider will only collect and use customer-related data to the extent required by the implementation of this contract. The API user agrees to the collection and use of such data to this extent.

(4) The obligations under paragraphs 1 to 3 exist as long as application data are within the sphere of influence of the provider, even beyond termination of the contract.

(5) If the API user violates a duty under paragraphs 1 – 4 for reasons for which he is responsible, the provider may claim damages in accordance with § 11 of this contract.

 

§ 10 Liability for the rights of third parties

(1) The provider is not liable for a violation of the rights of third parties by the API user, if and insofar as this violation results from exceeding the rights of use granted under this contract. In this case, the customer indemnifies the provider on first request from all claims of third parties.

(2) If the API user violates his obligation to update according to § 8 (1) of these terms and conditions and thereby violates third-party rights or delays the elimination of a provider’s infringement, the API user will indemnify the provider from any claims by third parties on the first request by the provider and reimburse any costs and damages beyond that, in particular exempting the provider from the costs of an appropriate legal defense. However, this does not apply if the API user is not responsible for infringement of the rights of third parties or statutory provisions.

 

§ 11 Liability and limits of liability

(1) In the case of intent or gross negligence, the contractual partners shall be liable to each other for all damages caused by them as well as their legal representatives or vicarious agents.

(2) In the event of slight negligence, the contracting parties shall be liable without limitation in the event of injury to life, limb or health.

(3) Incidentally, a contracting party is only liable if it has violated a essential contractual obligation. Essential contractual obligations are those duties which are of particular importance for the achievement of the objective of the contract, as well as all those obligations which, in the event of culpable violation, could jeopardize the achievement of the purpose of the contract. In these cases liability is limited to compensation for foreseeable, typically occurring damage; Paragraphs 1 and 2 remain unaffected.

(4) A contracting party is only obliged to pay a contractual penalty if this contract expressly provides for this. A penalty does not need to be reserved. Offsetting with and against them is permissible.

(5) Liability under the Product Liability Act remains unaffected.

 

§ 12 Termination

(1) The contract of use is indefinite and can be terminated at any time by both parties in text form.

(2) Upon termination of the license agreement, the right of use of the API user to the content expires. The API user is required to immediately delete any data obtained through the use of the APIs upon termination of the user agreement.

(2) Upon termination of the license agreement, the right of use of the API user to the content expires. The API user is required to immediately delete any data obtained through the use of the APIs upon termination of the user agreement.

(3) Upon termination of the user agreement, the access of the API user application to the APIs is terminated. The API user is obliged to stop all queries to the APIs of all applications for which he is responsible. A retrievability of the content after the end of the contract does not constitute a renewed granting of rights of use.

 

§ 13 Force Majeure

None of the contracting parties is obliged to fulfill the contractual obligations in the case and for the duration of force majeure, in particular following circumstances are to be considered as force majeure in this sense:

• fire / explosion for which the contracting party is not responsible
• flood,
• war, mutiny, blockade, embargo,
• ongoing labor disputes over more than 6 weeks no culpably caused by the contracting partner,
• technical problems of the Internet which cannot be influenced by a contracting party.

Each contracting party must immediately inform the other about the occurrence of a case of force majeure in written form.

 

§ 14 Final Provisions

(1) German substantive law shall apply to the contractual relationship excluding the United Nations Convention on Contracts for the International Sale of Goods.

(2) For the rest, the provisions of the General Terms and Conditions of Outdooractive AG apply to corporate customers. Apart from that, there are no secondary provisions. Changes or additions require the text form to be effective. This also applies to any waiver of the written form requirement.

(3) The possible ineffectiveness of individual provisions of this contract does not affect the validity of the remaining content of the contract.

(4) In the event of any doubt regarding the interpretation of the translation of these General Terms and Conditions, the German version alone shall be valid.