1. Scope of application

1.1 These terms of use are applicable to the non-paid use of the application of SummitLynx including all services and information in connection with the application (herein referred to as "SummitLynx" or "The Service"). With registration the User accepts the terms of use, which are applicable upon publishing within the Service.

1.2 With registration to specific services, special terms of use may be applicable that have to be accepted by the User and that can be changed at any time.

1.3 Amendments and supplements to these terms of use are always possible and will come into force upon publishing them within the Service. The User, therefore, is advised to get informed about the actual version of the terms of use.

2. Description of the Service

2.1 SummitLynx is an electronic mountain & hiking log, that can be made available via the SummitLynx platform or other social networks to other Users of the Service. SummitLynx gives the possibility to connect people interested in mountain sports and to exchange information within the Service.

2.2 With registration the User has the possibility to publish a profile site with personal data, especially name, location data, photos as well as personal opinions that will be made available to other Users. The User also has the possibility to get in contact with other Users, to see the details of the profile site of other Users. published data and information of the user also made available to other users. The availability of content for other Users depends on the status as friend.

2.3 SummitLynx is actually provided without any fees. However, SummitLynx reserves the right to restrict, terminate, or modificate the Service or to provide the Service only upon the payment of a Service fee.

2.4 SummitLynx does not provide content, but gives users the possibility to place content on the platform. SummitLynx does not relate to any content provided for by the users or by third party websites to which SummitLynx is referring to.

3. Special Conditions for Use

3.1 The use of SummitLynx is only possible for own private purposes.

3.2 The users accept that information provided for on the platform, especially information with respect to locations, should be correct and complete. Wrong information can lead to adverse decisions with respect to the planning of a tour. However, the user should not plan any tour only on the basis of the information provided for by other users on the platform.

3.3 Information on locations shall be correct and shall therefore be verified before publishing. With publishing content with respect to locations, the User grants SummitLynx all related exploitation rights unrestricted in time and place without any fee.

3.4 The user will restrain from any action listed in Section 6.

4. Registration and Access Security

4.1 The User is entitled to choose a user name that is not identical with his/her name. The user name will be used and published on the profile site as well as in all announcements of the User. The selection of the user name shall be in a manner that no mistaken identity with other persons and user is possible. SummitLynx is entitled to demand form any User to change the user name, especially if the user name would infringe the rights of other Users or persons.

4.2 The User´s password is to be kept secret and shall not be provided to third persons, especially it is not allowed that the User grants other persons access to the User´s account. A transfer of the User´s account to other Users is not possible.

4.3 A registration of persons with an age less than 14 is not allowed.

5. Provision and Exchange of Content

5.1 The User has the possibility to provide and publish data, information and other content, e.g. photos, videos (herein referred to as the "content"). The User grants to SummitLynx with respect to the content a non-exclusive, transferable, royalty-free right to exploit the content in any manner unrestricted in time and place and without the duty to pay any fee.

5.2 The User guarantees that the content is not illegal or immoral and that the User is the exclusive owner oft he content and that the provision of this content to SummitLynx does not cause any infringement of third party rights, especially copyrights. The User is obliged to inform SummitLynx without any delay in case a third party is claiming the use of content and will hold SummitLynx completely harmless.

5.3 The User shall always observe the applicable provisions of data protection when providing content within the Service. (see Sec. 8).

5.4 SummitLynx is entitled to delete the content provided for by the User without giving any reason.

5.5 In case of an infringment of the duties of this Sec. 5, SummitLynx is entitled to close the account of the User without prior notice.

6. Forbidden Activities with respect to the Use of the Service

6.1 The User shall when publishing content always consider the purpose of the Service. The provision of the following content and the below described activities are not in line with the Service aim and are therefore strictly forbidden:

6.1.1 Access to and collection of content in order to collect data and content of other Users for any purpose;

6.1.2 Upload of viruses and other content that may manipulate or deactivate the content of other Users or the functions of the Service;

6.1.3 Collection of access data and/or access to third party accounts;

6.1.4 Provision of content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another´s privacy, hateful, or racially, ethnically or otherwise objectionable;

6.1.5 Activities that interfere with the functions oft he Service, that disturb the Service as any form or attempt of a denial-of-service attack;

6.1.6 Infringements of label rights of SummitLynx or of cooperation partners and commercial clients of SummitLynx;

6.2 SummitLynx is not obliged to control, whether the content provided for by the Users is legally permissible. In case any content is announced as unlawful or not in line with these terms of use, SummitLynx will without any delay eliminate the content. Announcements can be provided at any time per e-mail to support@summitlynx.com.

6.3 In case of suspicion of any use of the Service that is not line with these terms of use, SummitLynx is entitled to close the access to the Service and/ or to disable access to the account or to delete the account of the suspected User.

7. Warranties and Liabilities

7.1 Precondition for any use of the Service is an internet access of the User. SummitLynx does not take any guarantee for an uninterrupted access to the Service or for legitimacy of the content provided for by Users and other third parties. Especially SummitLynx is not liable for any technical interruptions, disconnection, failure of data transmission and other problems in this respect; there is no guarantee for availability of the Service.

7.2 The User accepts that the Service can be interrupted due to service works. A liability of SummitLynx for any interruption in this respect is excluded.

7.3 SummitLynx is not obliged to store content provided for by the Users. SummitLynx is not liable for any loss of data.

7.4 SummitLynx is not liable for any content provided for by the Users. References to third party content (e.g. via links) or the promotion of services of third parties do not lead to any identification of SummitLynx with this content. SummitLynx also does not control any content provided for by the Users or third parties and can therefore not be liable for any third content.

7.5 SummitLynx is not liable for the completeness and correctness or the availability of content, especially for provided maps.

8. Data protection and permission to use of personal data

8.1 Every User holds his/her own profile site, where other Users can be accepted as "friends" and that is accessible for those persons accepted as "friends". On the profile site various personal data, such as name, location data and time of location login (e.g. Hoher Dachstein, 01.01.2012, 00.00), friends, activities within the Service, are published.

8.2 The User gives his/her explicit consent to that:
a) all data and content, including location data provided for by the User during registration of the user profile as well as thereafter can be stored, published and otherwise used by SummitLynx for purpose of the provision oft he Service,

b) any or all data with respect to the use of the Service, such as time of access, location of access, activities within the Service, can be stored and used for the provision and optimization of the Service as well as for purposes of marketing, market research and related purposes of SummitLynx as wells as of cooperation partners and advertising clients of SummitLynx;

c) all data and content provided for by the User during registration of the user profile as well as thereafter, including contact data, such as the e-mail address, may be used by SummitLynx for the purpose of sending e-mails with information on the Service, even if the massage contains commercials for SummitLynx or cooperation partners and advertising clients of SummitLynx. SummitLynx is also entitled to use the contact data outside of the purpose of the Service for marketing and commercial purposes of SummitLynx and of cooperation partners and advertising clients of SummitLynx.

8.3 SummitLynx will store and use anonymous data and information of the User that have been provided by the User or that have been generated during activities of the User, for the following purposes:

- statistic purposes and trend detection
- market research
- marketing and advertising
- demografic purposes

SummitLynx will transfer these data also to third parties, especially to cooperation partners and advertising clients and will use the data for optimization of advertising published within the Service. The User gives his/her explicit consent for the described use of the data.

8.4 SummitLynx is entitled to determine location data of the User and to publish these data within the Service. Location data are available to all Users (and not only to those that are friends of the relevant User.)

8.5 The User is entitled to withdraw the consents described in Sec. 8.2 b) and c) and Sec. 8.4 at any time per e-mail to support@summitlynx.com. In case of a withdrawal concerning the consents described in Sec. 8.2 a) the User´s account will be deleted.

8.6 In case of participation to a competition organized by SummitLynx or by a cooperation partner or advertising client of SummitLynx, the User gives his/her explicit consent that all data and content provided for within the competition may be used, especially published, by SummitLynx without any restriction in time and place. The User grants to SummitLynx with respect to all data and content provided for within a competition an unrestricted (in time and place) right to exploitation without the duty to pay any license fee. Furthermore, the name of the User winning a competition will be published; the User gives his/her consent to such publication.

9. Applicable Law and Disputes

9.1 If any provision of these terms of use is or becomes invalid, this shall not affect the other provisions of these terms of use. The invalid provision shall be replaced by a provision which, from its economic purpose and effect, comes as close as possible to the invalid provision and which is consistent with the original intent of the parties.

9.2 SummitLynx reserves the right to change these terms of use at any time. An updated version of the terms of use will be published within the Service. In case of a permanent use of the Service, the User is advised to get informed of the updated version of the terms of use.

9.3 Infringements of these terms of use will be prosecuted.

9.4 These terms of use shall be governed and construed in accordance with Austrian law, excluding the collision norms of the "IPRG" and the Vienna Convention on the Law of Treaties ("UN-Kaufrecht"). Any dispute arising under or in accordance with these terms of use shall be settled by the Commercial Court in Vienna, 1st district, Austria.