Terms of Use for the Volkswagen RaceApp
1. Scope and Purpose
The Volkswagen RaceApp ("RaceApp") is an offer of the Volkswagen Zubehör GmbH (hereafter
referred to as "platform" or "Volkswagen Zubehör GmbH platform"). Volkswagen Zubehör
GmbH enables users of mobile applications provided by Volkswagen Zubehör GmbH (hereafter
referred to as "users") to use the provided content on this platform based on these Terms of Use
and legal regulations for the period of operation. By using the platform the user agrees to
these Terms of Use. The RaceApp is not intended for users from or use within the United States
of America.
2. Important note
The national traffic regulations applicable in the territorial area of application of this App
must be observed.
The recording function included in the App (video function) may be used only at designated
racetracks that are separated from public roads, if such recording is permitted by the racetrack
operator.
Any playing of video recordings while driving is prohibited!
When using the recording function, the user must ensure that there is no violation of the rights
of any third party. For example, if other persons or objects (for example, buildings) could be
visible on the recordings, the user must obtain the consent of the person concerned or the owner
of the object prior to the recording.
The User assumes full responsibility for the activation of the recording, and may be held
responsible under any applicable civil or criminal laws in the event of any unauthorized use.
The user must ensure, within his or her own responsibility, the installation of a log box for
establishing the technical requirements for the application of the App.
3. Modifications of Terms of Use and Platform's Scope of Services
- Volkswagen Zubehör GmbH reserves the rights to modify the Terms of Use in a reasonable
manner for its users and only with future effect. Users will be specifically notified about
these modifications via the platform and will be asked to agree to the modified Terms of Use.
Please take notice of the current version of the Terms of Use.
- Furthermore, Volkswagen Zubehör GmbH reserves the right to expand, shorten or change
functionalities of the platform's scope of services. In particular, rapid changes of the
internet require technical and textual adjustments from time to time.
- In case the user objects to the modified Terms of Use or the platform, a further usage of the
platform is impermissible, as for the Volkswagen Zubehör GmbH platform is a service that is
provided free of charge to all registered users who shall be treated equally.
4. Inadmissible Usage
- By using the platform, copyrights, naming and trademark rights as well as further rights of the
Volkswagen Zubehör GmbH and third parties (particularly personal rights) shall be taken
into account. In case of an infringement of these Terms of Use or legal regulations, the usage
of the platform is prohibited to these users. Users must refrain from improper usage of the
platform including for example, using and incorporating the platform or a part of it for or in
other web services - either for private or for commercial services - or using the platform
commercially.
The App also offers functionalities of third-party providers for which the terms and conditions of
use of their respective providers apply, which the user can find under the following Internet
addresses of the providers:
- The maps are provided by Google maps: https://maps.google.de
- The terms and conditions of use of Google Maps apply:
http://www.google.com/intl/de_de/help/terms_maps.html
- The Google Maps services, such as, for example, the provision of maps, are a component of
the range of services of Google Maps. The provider does not make any warranty for their
fitness for use in the App.
- The interface may not be modified or derived.
- The interface or the source code may not be decompiled, analyzed or re-engineered for
communication with the interface.
- Google holds the rights to the API and every Google service.
Volkswagen Zubehör GmbH does not adopt as its own the content made accessible by the respective
providers through the Internet addresses set forth above, and is consequently also not responsible
for it.
5. Information regarding possible Infringement and inadmissible Content
- The Volkswagen Zubehör GmbH respects the rights of third parties and the applicable
law. All users of this platform are asked to do so as well.
- If the user believes that the platform's content infringes the user's rights, third party
rights or applicable law, the Volkswagen Zubehör GmbH kindly asks for an immediate
notification.
Regarding this, the Volkswagen Zubehör GmbH asks for a specification and naming of the
corresponding content and location on the platform.
6. Transmission of Geodata and communication data
Geodata are received through the integrated GPS receiver of the mobile phone or through the
vehicle, and are stored within the App. Geodata refer to the position data of the vehicle. If,
upon the first use of the App, the User provides his or her consent to the capturing of Geodata,
the position of the User while driving and, in this context, the routes that he or she travels
with the vehicle will be captured. In this regard, the User may, at any time, make changes to
the settings of his or her smartphone under "Settings".
7. Service and Warranty Disclaimer
The Volkswagen Zubehör GmbH aims to provide a smooth operation of the platform. However,
the Volkswagen Zubehör GmbH cannot guarantee technical accuracy at any time.
8. Volkswagen Zubehör GmbH Liability
Volkswagen Zubehör GmbH is liable for malice, gross negligence, any damages under the
German Product Liability Act and warranties granted by the Volkswagen Zubehör GmbH. In case
of an act of ordinary negligence Volkswagen Zubehör GmbH is only liable for infringements
of material obligations whereby the amount of the claims for compensation is limited to the
predictable, direct damages. A liability for indirect damages (including loss of profit) is
excluded.
9. Privacy
The Volkswagen Zubehör GmbH collects, processes and uses personal data only as part of
valid data protection provisions. More information on Volkswagen Zubehör GmbH's privacy
policy can be found in the privacy statement
(http://www.volkswagen-accessories.com/en/tools/navigation/footer/legal.html).
10. Final Provisions, applicable Law, Place of Jurisdiction
- The usage of the platform's content as well as these Terms of Use shall be subject to German law
with exception of its legal requirements concerning conflicts of law.
- Place of jurisdiction is the court responsible for Volkswagen Zubehör GmbH.
Dated: April 15th, 2014