1. Scope of Application

The internet services offered on the domain www.kompass-fb.com are provided by Kompass Freytag & Berndt GmbH, Karl-Kapfererstr. 5, 6020 Innsbruck (hereinafter referred to as: KOMPASS FB).

KOMPASS FB provides you with the services offered on the website www.kompass-fb.com and other top-level domains as well as subdomains (hereinafter collectively referred to as: Website) on the basis of the following Terms of Use. These contain the fundamental rules for using this service and, upon their incorporation, apply to any future use of the services offered and provided on the Website.

If you do not wish to be bound by these Terms of Use, you must not use the Website and its services! Any violation of the terms formulated herein entitles KOMPASS FB to immediately exclude you from using this Website and its services. Such exclusion may be permanent.

In addition, when using certain services on the Website, special provisions applicable to the respective service may apply. You will be notified of these, if applicable, prior to using the respective service.

2. Service Description

The primary service of KOMPASS FB is to provide services related to the topic of "hiking" (hereinafter collectively referred to as: Services), some of which you can personalize and tailor to your needs through your profile, which is stored on the servers of KOMPASS FB.

The Services offered on the Website are intended solely for private, non-commercial use. Any commercial use requires the express consent of KOMPASS FB.

Through software (e.g., widgets) and other technical tools (e.g., JavaScript, RSS), it is possible that content from you and other users may be displayed on other websites. The offer to use these Services free of charge is aimed exclusively at private individuals and non-commercial institutions and does not permit their transfer to third parties. KOMPASS FB reserves the right to withdraw the right to distribute this content at any time without giving reasons, or to change the content and scope of these services.

3. Services Requiring Registration

To gain access to certain functions of the Website, you must set up a user account on the Website.

Registration for these Services is only permitted to natural persons who either have unlimited legal capacity or act with the consent of their legal representatives. KOMPASS FB reserves the right to request proof of the legal representatives' consent at any time. There is no entitlement to registration for these Services.

When you set up your user account, you must provide accurate and complete information. Successful registration is only possible if all mandatory fields are fully completed. If the provided data changes after registration, you are obliged to correct the information in your member account yourself immediately. You are not entitled to set up multiple profiles under the same or different names.

The username can be chosen freely. However, the username must not violate applicable Austrian law, these Terms of Use, or public decency, nor may it infringe upon the rights of third parties, in particular naming, trademark, or personal rights.

The chosen password must consist of at least six alphanumeric characters. You can only access and use your personalized area on the Website by entering your complete login credentials.

It is important that you keep the password to your personal area secure and confidential and do not share it with third parties. KOMPASS FBwill not share your password with third parties and will at no point ask you for your password by email or telephone. We advise you that third parties can easily modify or delete information stored in your profile using your login credentials. You also bear responsibility for actions taken by third parties using your login credentials! Should you lose your login credentials or become aware that third parties have obtained knowledge of and/or are using your login credentials, you must inform KOMPASS FB of this immediately.

The member account is non-transferable and cannot be inherited. KOMPASS FB is entitled to verify the registered user details through appropriate measures and to reject incomplete and/or untruthful registrations and/or delete the entire profile. In the event of suspected misuse of the profile or login credentials, KOMPASS FB is entitled to immediately block access and/or delete the entire profile.

KOMPASS FB explicitly reserves the right to offer paid services on the Website in the future. In this case, you will be informed of any costs prior to using the respective service. The prices for using these services are set out in the respective valid price lists, to which reference is made here. The prices stated by KOMPASS FB are in EUR including VAT. There are no hidden costs for you as a user.

4. General Obligations of Users

You hereby indemnify KOMPASS FB against liability for all activities carried out through your user profile for which you are responsible. This applies in particular to the use of your user profile by unauthorized third parties and the consequences of such misuse.

You agree to use the services offered on the Website exclusively for your own purposes and only for personal use. It is not permitted to use the services of the Website commercially without the written permission of KOMPASS FB. Content of a commercial nature may only be published on the portal after consultation with KOMPASS FB. In particular, you agree not to rent, sell, or offer/provide your user profile to third parties for advertising purposes.

You agree to refrain from any actions that could impair the functionality of individual and/or all services offered on the Website.

If you violate one or more of the aforementioned obligations, you are obliged to compensate KOMPASS FB for all resulting damages and expenses, including any legal prosecution costs.

5. Storage of Content, Responsibility, and Prohibited Content

You are permitted to use the services offered on the Website in accordance with these Terms of Use and existing legal provisions, and to store, publish, and/or transmit content, in particular texts, photos, videos, and data. KOMPASS FB reserves the right to limit the storage capacity for uploading multimedia content if necessary.

However, you are solely and unrestrictedly responsible for the content you post.

You warrant that you will not store, publish, and/or transmit any content on the Website that violates applicable Austrian law, these Terms of Use, public decency, or infringes upon the rights of third parties.

These include, in particular, content that:

• is abusive, threatening, insulting, obscene, vulgar, defamatory, racist, glorifying or downplaying violence, pornographic, and/or harmful to minors;
• may impair or endanger the development or education of children or young people, or violate human dignity or other protected legal assets;
• violates the rights of third parties, in particular copyrights or ancillary copyrights, patent, trademark, naming, proprietary, and licensing rights, ownership rights, or other rights or comparable legal positions;
• apart from the depiction of a person, contains features—in particular names, addresses, telephone numbers, internet addresses, email addresses, etc.—that allow conclusions to be drawn about the identity of the depicted person. The provision of personal data in photos and videos is generally not permitted. Depicted persons must have explicitly consented to the user regarding the publication;
• contains private data, such as addresses, telephone numbers, or email addresses outside of the user's profile;
• asserts or disseminates untrue facts regarding other users, other natural or legal persons, or a company;
• pursues professional, commercial, or other business interests, in particular through unsolicited advertising and spamming;
• is intended to spread or promote political or ideological views, in particular using symbols or signs of such views, or has some other political or ideological objective;
• contains viruses, worms, Trojans, or other programs that can endanger or impair the functionality and/or existence of the internet services on the Website and on the websites of its partners;
• contains links to websites with content that violates applicable law, is harmful to minors, or is otherwise inadmissible.

KOMPASS FB generally only carries out random checks of the content you post and assumes no guarantee for the accuracy, appropriateness, and quality of the content posted by users. You are advised that by using the services provided on the Website, you may be exposed to content that is insulting, offensive, or otherwise objectionable if the user responsible for this content does not adhere to these Terms of Use and/or legal provisions. You are requested to report such violations to KOMPASS FB in accordance with Section 8 of these Terms of Use.

Notwithstanding the above, KOMPASS FB explicitly reserves the right to refuse to allow the posting and/or publication of content, and/or to block, remove, and/or delete it at any time without giving reasons, and/or to exclude you from future use of the services provided on the Website.

You have no claim against KOMPASS FB for the posting, publication, permanent presentation, and/or distribution of your content. Furthermore, you have no claim against KOMPASS FB for the removal of a block or the reposting of content removed or deleted from the Website. You post your content (texts, photos, and videos) entirely at your own risk.

6. Granting of Rights

The following granting of rights to photos and videos concerns only electronic use. If photos (in print quality) are to be used in printed publishing publications, this will only occur after consultation with you as the creator and with your consent. In this case, KOMPASS FB will gladly make you an offer.

The copyrights and ancillary copyrights in posted contributions and uploaded content, in particular texts, photos, and videos (hereinafter collectively referred to as: Content) remain unaffected. However, for the duration of statutory copyright and ancillary copyright protection, you hereby irrevocably and free of charge grant KOMPASS the non-exclusive, substantively, temporally, and spatially unrestricted right of use to all content for any exploitation in all known electronic types of use—and with regard to texts, also in all print media. This includes, in particular, the right of reproduction and distribution, the right of public performance (including lecture, presentation, and screening rights), the right of making publicly available, the broadcasting right, the right of reproduction on image and sound carriers, and the right of reproduction of radio broadcasts, as well as the right of archiving, database, and synchronization. This applies in particular to the use of content on other portals, data carriers, and electronic devices of KOMPASS, as well as those of customers and partners of KOMPASS, and in search engines.

KOMPASS FB is furthermore unrestrictedly entitled to edit the content, provided this does not violate the moral rights of the author, in particular to modify, change, shorten, supplement, split, or otherwise edit it, specifically to adapt it to the format requirements necessary for use within the scope of the offered Services and/or in other granted types of use and/or to improve the quality of the presentation.

As far as possible, rights of use are also granted to KOMPASS for digital types of use that are not yet known.

KOMPASS is furthermore entitled to transfer the aforementioned rights in whole or in part to third parties and to grant licenses for them.

By posting content, you agree not to exercise your right under Section 13, Sentence 2 of the Austrian Copyright Act (Urheberrechtsgesetz - attribution of authorship). However, without acknowledging a legal obligation and only insofar as technically possible and appropriate, KOMPASS will strive to ensure proper attribution of authorship.

Content and other data (e.g., usernames) may also be used by KOMPASS on other portals, search engines, and in any media to promote and advertise the Website and KOMPASS's products.

KOMPASS is entitled to place and/or run advertising in connection with the content and using it. You hereby explicitly agree to this.

KOMPASS is entitled to exercise the aforementioned rights separately, both with respect to the entire content and for parts or excerpts thereof.

You explicitly guarantee that you are the holder of all necessary rights to the content uploaded and/or posted by you and that you are not prevented from granting the aforementioned rights to KOMPASS. You further guarantee that you have not otherwise exclusively disposed of the rights to the content posted by you to the extent described above, that you do not violate any third-party rights with the aforementioned grant of rights, and that you have no contractual relationships with third parties. In the event of a violation of these guarantees and/or a missing, incomplete, or faulty grant of rights, you will indemnify and hold KOMPASS harmless from all third-party claims in accordance with Section 12 of these Terms of Use.

The rights of use granted by you to KOMPASS above shall expire as soon as you remove your contributions from the Website. This applies with the exception of rights of use to content that was already used elsewhere prior to removal (e.g., use in the database of mobile end devices) or to which KOMPASS has no direct access (e.g., links to external pages). Forum posts, on the other hand, cannot be deleted after publication; the rights in this respect are transferred for an indefinite period of time.

7. Duration of Use Authorization

You can terminate the use of the services requiring registration at any time without notice or giving reasons.

KOMPASS is entitled to terminate the authorization to use the services requiring registration temporarily or permanently, in whole or in part, and without prejudice to further legal steps, if you violate one or more of these Terms of Use.

If a violation of these Terms of Use leads to a termination of the authorization to use, the renewed use of a service requiring registration on the Website is dependent on the prior, express written consent of KOMPASS.

KOMPASS is further entitled to terminate the authorization to use the services requiring registration temporarily or permanently if you have not used the service for which you registered for a period of more than six months.

Regardless of this, KOMPASS may discontinue the services offered on the Website at any time without giving reasons and/or prior notice. In this case, the authorization to use the service ends with its discontinuation.

In all of the aforementioned cases, the last paragraph of Section 6 applies accordingly regarding the granting of rights to content.

In any case of termination of the authorization to use, KOMPASS is entitled to delete your profile as well as the posted data and content. You have no claim to the release or other surrender of the data or content you posted.

These Terms of Use shall continue to apply even after the end of the use of the services offered on the Website, insofar as their application relates to conduct prior to the end of use.

8. Information on Rights Infringements

Please note that KOMPASS is dependent on specific and complete information to review and pursue an alleged rights infringement. You are therefore requested, where possible, to report alleged infringements of rights by stating the username of the infringer, a precise description of the infringement or the infringed legal position, corresponding proof of ownership of the affected legal position, and a description of where the material allegedly infringing third-party rights is located on the Website. In addition, KOMPASS support is available to you at the email address community@kompass.at.

9. Availability of the Offered Services

KOMPASS endeavors to make the offered Services available to you at all times and to the fullest extent. However, KOMPASS assumes no liability for the uninterrupted usability or accessibility of the offered Services and/or the Website, nor for transmission delays, transmission errors, storage failures, or loss of data and the associated restrictions on the offered Services. It is explicitly pointed out that in the course of necessary maintenance work on the Website, a temporary interruption of the online offering and/or individual Services may occur. No claims for damages or other demands can be derived against KOMPASS due to limited availability.

KOMPASS explicitly reserves the right to discontinue the offered Services in whole or in part at any time and without prior notice and/or to restrict their availability.

10. Liability and Limitations of Liability

You use the services offered on the Website at your own risk. KOMPASS is only liable for damage to your computer system, for the loss of data, and for other damages that may arise for you when using the services offered under the following conditions:

The liability of KOMPASS for contractual breaches of duty and in tort is limited to intent and gross negligence.

KOMPASS is only liable for slight negligence if essential contractual obligations (so-called cardinal obligations) are violated. In this case, KOMPASS's liability is limited to the damage typically foreseeable at the time of the conclusion of the contract. Insofar as liability for damages due to slight negligence is not excluded, such claims shall expire within one year starting from the emergence of the claim.

Liability for damage to life, limb, and health under the Product Liability Act, as well as the assumption of a quality guarantee or fraudulent concealment of defects in connection with the services offered on the Website, remains unaffected.

The aforementioned limitations of liability also apply to all companies affiliated with KOMPASS FB as well as to the personal liability of the employees, workers, staff, representatives, shareholders, and vicarious agents of KOMPASS and companies affiliated with KOMPASS.

The publisher assumes no liability for unsolicited sent or uploaded content, as well as for other manuscripts, data carriers, and image materials. By submitting, consent to publication on the Website and other online offerings of KOMPASS is assumed.

The editorial content on the Website may contain direct or indirect references to external websites and services of third parties. KOMPASS has checked these references to the best of its knowledge and belief. At the time the link was set, no illegal content was recognizable on these third-party websites and services. KOMPASS has no influence on the future design, content, or authorship of the linked pages. It is also not possible for KOMPASS to continuously monitor this content and prevent the use of linked pages in the event of illegal content. KOMPASS therefore explicitly distances itself from all content on all linked pages that were changed after the link was set.

KOMPASS also assumes no liability for external links created by you or other users despite the exclusion in these Terms of Use (see Section 4. General Obligations of Users).

KOMPASS is not liable for illegal, incorrect, and/or incomplete content and, in particular, for damages resulting from the use or non-use of linked pages. These are solely within the responsibility of the respective website operators and/or service providers.

11. Indemnification

You hereby explicitly indemnify and hold harmless KOMPASS and companies affiliated with KOMPASS, as well as the employees, workers, staff, representatives, shareholders, and vicarious agents of KOMPASS and companies affiliated with KOMPASS, from all claims asserted by third parties due to and/or in connection with content posted by you within the framework of the services offered on the Website, or due to any other use of an offered service, or due to a violation of these Terms of Use by you. You shall compensate KOMPASS for all resulting damages and expenses, including any legal prosecution costs.

12. Trademarks and Other Intellectual Property Rights, Copyright

You acknowledge that all rights to the internet offer on the Website and its identification—including any copyrights or ancillary copyrights, patent, trademark, and license rights, property rights, or other rights or comparable legal positions—belong to KOMPASS and/or other persons and may not be used by you without the prior explicit written consent of the rights holders.

In particular, you are not permitted to use the trademark KOMPASS and to copy, decompile, modify, or edit the software used on the Website.

No part of the content accessible here that does not originate from you may be reproduced, printed, translated, further processed in digital form, incorporated into archives, or made accessible to third parties under a foreign URL in any form without the express written permission of KOMPASS. Storage in retrieval systems and by search engines is only permissible insofar as only an index is formed, but the retrieval of the content in each individual case takes place by reference via link directly to the original URL on the respective servers of KOMPASS. The appropriation of content by displaying it within a "frameset" and other methods of reproduction that leave the reader unclear about the origin of the content or obscure it, or change the original presentation form, are likewise not permitted.

13. Data Protection

The use of the online offering on the Website is subject to the Privacy Policy of KOMPASS FB, which is an integral part of these Terms of Use.

14. Contracts for Goods or Services with Partners

Insofar as goods or services of partners are offered via the Website, any contracts are concluded exclusively between the customer and the provider of these goods or services.

15. Redemption of Vouchers

• Voucher Redemption: The voucher can be redeemed on the KOMPASS FB website or in the KOMPASS FB app (in the app, provided it is a term-based voucher).
• Validity Period: Vouchers must be redeemed at the latest by the end of their term; after that, they lose their validity.
• Liability: You agree to keep the voucher code confidential and not to share it with third parties. KOMPASS assumes no liability for the loss, theft, misuse, or delayed transmission (e.g., due to technical difficulties) of the voucher code.

16. Final Provisions

You explicitly agree that legally binding declarations from KOMPASS FB may be sent to you by email to the email address stored in your profile. Emails are deemed to have been received when they are stored in your email inbox or that of your internet provider so that they can be retrieved.

KOMPASS FB reserves the right to change or supplement these Terms of Use at any time with effect for the future. You will be notified of any changes to the Terms of Use by email sent to the email address stored in your user profile. If the new GTC are not objected to within 14 days of notification, or if the service requiring registration on the Website is used again, they shall be deemed accepted.

Should any of the foregoing Terms of Use be or become invalid and/or incomplete, this shall not affect the validity of the remaining Terms of Use. The invalid and/or incomplete provision shall be replaced by one that comes closest to the legal intent of the invalid and/or incomplete provision. The same shall apply mutatis mutandis to regulatory gaps.

The Terms of Use as well as changes to them can be viewed at www.kompass-fb.com.

The law of the Federal Republic of Austria applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

Innsbruck, April 20, 2014