miFOOT'S TERMS OF USE Welcome to the miFOOT.com website. The following will set the terms of use for the miFOOT's website. Furthermore will the conditions and indicators be displayed for hotel/entertainment/food/shops/resort/attractions/transportations (“footprint”) reviews, pictures taken by tourists/travelers, forum postings, and any other publication on the miFOOT's website. All terms and conditions do also apply if the use of the miFOOT's website does occur outside of Canada, and regardless of the nationality of the user. (1) Content of the online service 1. The miFOOT's website contains various information in written and visual format. In particular vacation/ travel reports and pictures taken/ written by tourists/travelers and hotel guests are released. 2. Any user may visit the miFOOT's website to gain information without charge and may also participate by inserting a footprint review, by inserting/ uploading pictures of his/her footprints, as well as by writing a bulletin point entry/ posting. 3. Terms and conditions of rewards for footprints posted and footprints viewed may be changed with notice. 4. miFOOT is not responsible for non-receivable money due to incorrect Paypal account entered by the member. 5. miFOOT system will automatically search for any inactive accounts (based on account logins) for more than 180 days, and will reset all reward balance to zero. Therefore, in order to remain member's rewards, members must login to their account within 180 days, the system will recalculate the 180 days based on the last login. (2) User Conduct: The user ensures not to make, any statements about him/herself or any other person, which are false or capable of being misunderstood in particular not to log on under a false identity. This does not apply for forms, where concerning the name an alias may be used. The user obliges him/herself not to insert any content which: • is deliberately or negligent not true • is abusive, threatening, offensive, defamatory, coercive, obscene , belligerent, glorifying violence, vulgar, sexually explicit, pornographic or otherwise objectionable • is racist, incitement of the masses, anti- constitutional and/ or actionable/ illicit • is relevant under any applicable law • violates / infringes current law, in particular protective rights of a third party e.g. copyright protection-, labeling-, patent protection-, trademark protection- or property rights, personal rights, or property rights • he/ she is not authorized to propagate • Contains links or similar entities or is capable to interfere with the functioning of foreign data processing equipment/ installations, in particular computers. In case any user violates these or the following terms concerning the insertion/ upload of content/ pictures/ videos/, especially with regard to holiday/ hotel reviews, miFOOT is entitled/ allowed to delete, modify or add content without prior or later notice, especially even without explanations or/ and reason. Illegal content will be deleted immediately. (3) Grant of rights By making content public (e.g. footprint reviews, pictures, postings bulletin entries) the user guarantees that he is the owner/ holder of any propriety right necessary to do so. The user transfers, free of charge, irrevocability, a permanent, and material, regardless of location, a right of use to miFOOT for usage of the content in any form and in any medium (especially print, internet, television, mobile communication platforms). This includes in particular the right to reproduce, distribute, modify and publicly make available. In particular the user agrees to a transfer of these rights from miFOOT to a third party. The original coherence– footprint reviews/ pictures, remain always the same. In case the user is not him/herself the owner of the rights of the submitted content, he/ she ensures that he/she effectively obtained all necessary rights, licenses, approvals consents and suchlike. In case the user violates one or more of these terms, he/she holds miFOOT according to cipher IV free and harmless to the full extent of any claims by any third party. miFOOT is furthermore entitled/able to install advertisement in the field of the publicly made available material and its usage as well as use it for other promotion purposes. Hereby the user explicitly agrees to. The user gives his consent to content being moved to different categories and/or pictures being compressed for better clarity, more useful arrangement. He/she also agrees that miFOOT may monitor and/or partly/edit modify with proper respect to copyright/property right, and delete content or translate in different languages. Any user understands that any content (e.g. pictures/ reviews) originating from him is his sole responsibility. (4) Additional special terms for posting, transmitting, or uploading of footprint reviews/ pictures Any effort to disrupt, destroy, limit or otherwise negatively influence or modify the intended functionality of the miFOOT's website is forbidden. It is particularly forbidden to bypass security functions or to modify computer systems, servers, routers or any other equipment connected to the internet, or to gain unauthorized access, or to disrupt the functioning of any of these systems/ equipment. Furthermore the user consents to: • describe places as accurately as possible, in particular to add all parts of the name and further information necessary for identification, especially concerning hotel chains. • only rate a location/place and or upload a picture if he has spent his vacation in the specific place and/ or has used respective service. • not report/ comment or upload a picture in case the user is employee, owner or operator of the respective place or connected to it in any other similar way, for example if he is a relative of the mentioned groups. The same applies to workers of travel agencies or of shipping companies and their relatives. • not give any false or misleading ratings or false statements concerning present people, local leisure time possibilities, places and other further circumstances/ people/ individuals at the destination, which could have an effect on the decision of other people willing to travel/ use a connected/ related service. • give negative as well as positive reports within the framework of freedom of speech mainly for the purpose of giving other people who are willing to travel/ use a connected service the possibility for an objective/ significant/ comprehensive insight of a destination/ region/ place/ service and its/their circumstances. The same accounts for the upload / insertion of videos /pictures. • not openly promote or make masked/ subliminal advertisement (e.g. as reports) for products, services and/ or companies /firms or make any form of solicitation • rate, comment and report pursuant to the best of one's knowledge • not name other people • not collect/ assemble, and /or publish in any way other users' personal data and further information / content (5) Further specific terms and conditions for the usage of contact forms and the possibility of usage of the message mailing via the private mailing system to miFOOT users The user obligates himself in the case of contacting third parties by using the web pages of miFOOT its private message system and/ or contact formulas, not to write/ send any content which: • is abusive, threatening, offensive, defamatory, coercive, obscene , belligerent, glorifying violence, vulgar, sexually explicit, pornographic or otherwise objectionable and/ or actionable/ illicit • is relevant under any applicable law • is Commercial advertisement or any other undesired advertisement( e.g. Spam) Should, regarding the above, content be made aware to miFOOT, which is contrary to rules and regulations / terms and conditions of the miFOOT , or violate/ harm personal rights, does the miFOOT retain the right to permanently ban the user/s. (6) Access for miFOOT's Member and miFOOT's picture upload The person in charge of a footprint may write news and hints concerning his footprint, or upload pictures and offer these to users at miFOOT. Thus interested holiday makers can gain important extra information about a footprint, alongside to footprint reviews. This service is free of charge. The same terms and conditions apply as state above. (7) Dealing with Footprints reviews or reports / pictures from places and similar content Footprints reviews / pictures content with related/ connected circumstances, which is/are offer at the miFOOT's website originate from third parties. It has to be taken in consideration that reports/ review by any user solely represent the opinion of the respective third party/ user. Such reports and especially pictures are “snapshots”. If some time has passed since the posting/ transmit/ upload of a report/ picture it also has to be borne in mind that things/ circumstances / hotels/s resorts etc. might have changed. The quality of an assessment may depend on the quantity of available reports/ reviews. A single picture is usually not capable of providing a complete impression of the situation; shown subjects only represent for example small parts of a hotel and only fragments of circumstances and surrounding. Furthermore, the content of a report/ review depends on the age of the respective person, that aim and the destination (recovery, sports, partying , adventures, business trip) and if people travel on their own , in a group or as a couple. A group of young people may not care about a hotel which welcomes families or is very peaceful and calm, it might not be important to business women/ man if there is a lot of entertainment for the guests and a couple on honeymoon may be fond of seclusion. Also a traveler's nationality, the frequency of his vacation/ travels and gained experiences in different countries may have an impact. It should be taken into consideration that every traveler may think of good service, cleanness & neatness, quality of food, friendliness of staff and further characteristics of a hotel/ place in a very different way. Concerning travels into culturally (highly) diverse countries it has to be taken into account that local hotels/ resorts/ places will often have different standards as for example European ones. (8) Liability miFOOT does not guarantee/ warrant for completeness, updating, correctness or further quality of available content. This content is only presented for your convenience, even though it has been/ is assembled in (to) best knowledge. Any user has to be aware of the fact that content is subject to changes any time. In addition to that miFOOT draws attention to the fact, that publishing of user content, for example reports and pictures, on these web pages does not represent a statement, opinion recommendation / rating of miFOOT. In particular viewing of such content by any user or the publishing itself does not represent any advice or consultation. By using the web Pages and content any user is consenting to use it at own risk. This applies in particular to a user's choice or recommendation of any Footprints reviews based on content originating from other users from the miFOOT's website. miFOOT does not guarantee/ warrant for completeness, updating, correctness or further quality of any Footprints reviews / pictures or any other available content. This also applies for communication platforms on the miFOOT's website. Published content is neither monitored nor approved by miFOOT; the relevant communication is public communication. miFOOT is not liable and does not appropriate any such content. miFOOT does not guarantee for content which results from wrong allocations of any Footprints. In case of wrong allocation please contact us as fast as possible: admin@mifoot.com miFOOT reserves the right to modify, add and/ or delete provided content originating from miFOOT without prior or any notice at all. Furthermore miFOOT does not guarantee uninterrupted availability of any content and these WebPages. miFOOT expressly reserves the right to block, modify, add and/ or delete parts/ content of pages, pages or the websites and/ or to cease publishing temporarily or permanently. Any user has to make sure by himself that his IT- System / PC and further data processing units provide the necessary features for using the miFOOT's website. These web pages have been optimized for Internet Explorer 7.0, Mozilla Firefox 3.0, and Safari 4.0. Moreover miFOOT does neither guarantee nor warrant for these web pages being free of viruses, worms, Trojan horses or any other data arrangement s/ codes which could have a destructive, vitiating, disruptive or other / further not intended negative influence. Any user has to make sure to sufficiently protect relevant IT- System/ Pc and further data processing units. If and to the extent to which possible miFOOT excludes any liability concerning damages of materiel and / or non- material values, that result from usage or non- usage, and/ or faulty incomplete, out of date- information/ content of these web pages and any content, especially information, except concerning intentional causation of damages or violation of fundamental contractual responsibilities. In that case miFOOT limits its liability to the immediate and typically predictable damage. (9) Trademarks, intellectual property, copyright Any content published on the miFOOT's website (e.g. software, products, Trademarks such as logos etc., information, reviews, pictures and graphics) are protected by national, and international laws and international agreements. Any kind of copying / duplication , distribution and further , in particular commercial use, making available to the public , modification, adding and/or deletion is prohibited, including the integration of any content on external web pages for example via/ through interlinks, deeplinks, or frames. Any user may apply for the right to use content originating from miFOOT's website: admin@mifoot.com Solely a single copy of content for private, non commercial use is allowed, provided that the source is identifiable, for example via reference. In case you suspect a violation of your industrial and further property rights via/ through any content available on the web pages of miFOOT, contact us as soon as possible: admin@mifoot.com . We will try to produce relief as fast as possible. It does neither meet our expressed nor presumptive interest authorizing a lawyer for a dissuasion/ reminder with costs. (10) Indemnification Any user commits himself to identify miFOOT, its partners and employees from any claims/ demands even on first/ immediate demander, including appropriate and respectively legally determined costs that originate from illegal, not as specified, abusive and/ or incorrect use of these web pages and any content, especially upload, transmission, posting or making available of content or data. Any user supports miFOOT concerning defense of such claims/ demands, particularly by providing all necessary information/ material for doing so. Any user is obliged to pay damages which result in enforcement of such claims/ demands/ through third parties. (11) Privacy policy Data protection is an important subject to miFOOT. Any personal data, which the user provides by using the miFOOT's websites, are used in accordance with applicable data protection regulations and our privacy policy. Please click here to see our privacy policy