Terms & Conditions

Please take the time to read these Terms & Conditions before using luftlust. They clearly outline rights, responsibilities, the Privacy Policy and more details about the products and services.

1. Introduction

1. General

“luftlust” is an interactive online platform for managing all of your paragliding activities. It is provided to you by Michael Schmidt-Voigt (“him” or “he” or “his” or “Michael”), in connection with his partners, service providers, sponsors, or other affiliates.

2. Registration

In order to be able to use the complete spectrum of luftlust, a one-time registration is required (see Section 4, below). However, certain content (e.g. blog articles), including general descriptions of luftlust, can be viewed without registration.

3. Disclaimer

ALWAYS consult your paragliding instructor or doctor about your athletic behavior. Michael is NOT responsible for your behavior. The contents of luftlust, regardless whether they are provided by Michael, his partners or users, are not meant to supplement, let alone replace, the information provided by paragliding instructors or doctors. By accepting these T&C, you confirm that you are solely responsible for your health and behavior.

2. Validity of the T&C

1. Validity

Michael offers luftlust on the basis of these T&C. The user consents to the validity of these T&C and any agreements incorporated therein by reference either by (i) using luftlust, in case they are available without registration, or (ii) registration, in case they require an account. These T&C shall be valid until cancelled in the currently valid version as of March 1, 2019.

2. Prerequisite

Neither the registration nor the use of the complete spectrum of luftlust shall be possible without consent to these T&C.

3. Extent

These T&C shall apply to all points of access for luftlust. In particular, the luftlust online offering is accessible via luftlust.com.

3. Subject of the Agreement

Currently, luftlust essentially offers its users the following features and information:

  1. A sports diary, including a clear overview of sports activities;
  2. Statistics, analysis and comparisons concerning sports activities;
  3. Content, e.g. texts, pictures and videos, regarding paragliding and luftlust;
  4. News and notifications regarding paragliding and luftlust in short form;
  5. A blog presenting information about paragliding and luftlust in long form; and
  6. Other content, such as
    • Frequently asked questions;
    • Support for users;
    • Privacy Policy and the T&C; and
    • Legal information

4. Registration

1. Free Membership

luftlust requires a one-time, free registration via the registration form provided. The “Free Membership” makes all current options and features available to users. Michael reserves the right to offer a “Premium Membership” with additional options and features in the future, available against payment of a certain price.

2. Minors

Only persons legally capable to enter into agreements on their own behalf shall be permitted to register with luftlust.

3. Consequences of Registration

By registering, the user confirms their knowledge and the unlimited recognition of the content of these T&C as well as that all registration data is true, accurate, current, and complete, and they will keep all registration information up to date.

Following successful registration, the user (then the “Registered User”) can log on to luftlust by entering their email address and the chosen password via the login form provided.

Michael reserves the right to reject users without giving reasons. In this event, any transmitted details will be deleted promptly.

5. Fraud Protection

  1. You must protect your account from unauthorized and fraudulent use. Please notify us immediately by email at hello@luftlust.com of any unauthorized or fraudulent use of your account, or if you suspect that your account may be at risk.
  2. Michael has the right to close or cancel the account of any Registered User in the event of any unauthorized or fraudulent use of the account.

6. Termination

1. General

Each user shall have the right to terminate the use of luftlust at any time via their account settings or by email at hello@luftlust.com.

2. Michael’s Termination Right

Additionally, Michael reserves the right to terminate a user’s membership for important reasons, such as due to gross breaches of the user’s obligations as set forth in these T&C and ancillary agreements.

3. Further Information

Please see section 7.5 of our Privacy Policy for further information on the deletion of your account.

7. User obligations and conduct

Each user of luftlust must

  1. truthfully provide, and keep current and complete, their registration details, and must not pass on such details to third parties;
  2. only save, publish, transmit and distribute such content, e.g., tracklogs, photos, pictures, text, representations or videos, if the user is authorized to pass on such content, i.e., (i) if the user has the exclusive right to use such content or, (ii) in the event that the user is not the owner of such rights with respect to content provided by it, if the user guarantees to Michael that all required rights, licenses, permits etc. have been validly obtained. This shall also apply to content subject to intellectual property rights, such as trade names and trademarks. The user shall be exclusively responsible for such content; . not save, publish, transmit or distribute any content that is racist, insulting, discriminating, denunciating, sexual, glorifies violence or is otherwise illegal;
  3. not to send chain letters or messages to more than one recipient at any one time, i.e., the user must not send mass e-mails or spam;
  4. not carry out any disrupting interferences in the luftlust network by use of technical or electronic aids, such as hacking attempts, brute force attacks, planting of viruses/worms/trojans and other disrupting attempts regarding luftlust’s software or hardware;
  5. not copy, distribute, transmit or collect by use of technical aids, e.g., by crawlers or bots, accessible details without the consent of the respective owner;
  6. provide prompt notice via email to hello@luftlust.com of any detected breaches of the aforementioned obligations;
  7. diligently care for the personal details and only allow such persons access to their own details that are close to the user; and
  8. regularly save important personal details externally, e.g., on an external storage medium, hard drive or in the cloud. Michael shall not be responsible for any lost or impaired details.

8. Breach of user obligations

1. Sanctions

In order to ensure the proper and reliable provision of luftlust, Michael imposes the following sanctions upon breach obligations by a user:

  • warning;
  • deletion of content;
  • temporary deactivation of user account; and
  • cancellation (irrevocable deactivation).

The type of sanction shall depend on the purpose, impact, and type of the breach in light of Michael’s and the user’s interests.

2. Cancellation

In the event a user account shall be cancelled in accordance with this Section 8, the respective user shall not be permitted to register again.

9. Content

1. General

Michael permits Registered Users to use luftlust in accordance with statutory law and these T&C, in order to upload, save, publish, distribute, transmit, and share content with other users.

2. Disclosure

Michael shall have the right to save content or disclose such content to third parties, to the extent this is required by law, or legally permissible and reasonably necessary, in order to

  1. comply with statutory law, or court or administrative orders;
  2. ensure compliance with these T&C;
  3. react to claims of breaches of law raised by third parties; or
  4. safeguard the rights, property or personal safety of Michael, its users and the general public.

3. Use of Content

The user grants Michael the irrevocable, free, non-exclusive and unlimited right to use all content generated, transmitted, saved and published by such user. Accordingly, Michael shall have the right to use, irrespective of the type of usage, all content both as part of luftlust and any other activity of Michael or any company affiliated with Michael. This shall include the right to change and edit such content, unless such changes or edits impair material interests of the user. In this connection, the user waives, to the extent legally permissible, all intellectual property rights. However, to the extent feasible, in the event that Michael uses content created by a user outside luftlust, Michael shall note that such content was created by the user.

4. Ownership

Michael does not claim ownership of any content created by users and will not supervise such content.

5. Deletion

Michael reserves the right to delete content created by users, such as flights, tracklogs or notes without giving reasons. In this event, the user shall be notified and, in the event of a breach of these T&C, may be sanctioned in accordance with Section 12.

6. Inaccurate Content

Michael shall not be responsible for inaccurate content created by users, e.g., flight details etc.

10. Privacy Policy

Please see the separate Privacy Policy available on luftlust.com/privacy-policy that is an integral part of this agreement.

11. Representations and Warranties

1. Limitation

Michael does not claim or warrant that

  1. luftlust will be available at all times, or that it and the necessary hardware and software will be completely free from errors; and
  2. the transmission of data via other systems, in particular the internet and telecommunication networks, is not tracked, recorded or distorted by third parties.

2. Own Risk

The user uses luftlust exclusively at their own risk. This applies, without limitation, to

  1. the related use of any hardware, including, but not limited to, (i) the respective smartphone, (ii) flight computers, and (iii) gps devices;
  2. downloading of the user’s own and third party content; and
  3. any use by the user of data created or provided by Michael, including, but not limited to (i) flight details, or (ii) recommendations for actions, e.g., exercises etc. The user explicitly acknowledges that any such data or content may contain errors, and Michael does not, to the extent permitted by law, assume any responsibility for the correctness of such data.

3. Practise Advice

The use of any software or hardware offered by Michael is no substitute for the consultation by the user of a specialized paragliding instructor.

4. External Content

Additionally, Michael does not make any representations or warranties with respect to external links, banners or other information and marketing offers that may be made accessible to the user. Any contractual arrangements entered into between the user and a third party provider, e.g., via linked websites or banners, result in a contractual relationship between such user and the third party provider only. Michael does not make any representations or warranties with respect to products or services of third party providers.

12. Limitation of Liability

1. General

Michael shall be liable as currently provided by law, regardless of the statutory basis of such liability (precontractual, contractual, tort) only if he has caused a certain damage willfully or with gross negligence. In the event of slight negligence, Michael shall not be liable to other businesses and shall be liable to consumers only for personal damages. Michael shall not be liable to businesses for follow-on damages, mere pecuniary losses, lost profits, or damages resulting from claims of third parties.

2. Content

Unless required by statutory law, neither Michael nor any of his business affiliates shall be liable for damages resulting from the use of content made accessible through the use of the online platform or other forms of use of luftlust. This also applies to damages resulting from errors, problems, viruses or loss of data.

3. Downloads

Michael assumes no liability for downloaded material or material obtained as a consequence of using luftlust. The Registered User is solely responsible for any damages caused by such materials to his computer or smart phone system or for information that is lost as a consequence of downloading materials from luftlust.

4. Conflicts

The Registered User is exclusively liable for any claims of lawsuits of any kind in any way derived from or related to conflicts with other users. The Registered User acknowledges and accepts that Michael will not, under any circumstances, be liable for the acts and omissions of other users, including the damages associated with such acts or omissions.

13. Indemnification by Users

1. Indemnification

The user shall indemnify Michael for all claims raised by third parties as a result of an infringement of their rights by the user in connection with content uploaded to luftlust by such user or as a result of any other usage by such user of luftlust. The user shall bear the costs of any legal proceedings, in which Michael may be involved in connection with such claims, including all court costs and attorney’s fees to the extent permitted by law, unless the user was not at fault in causing such infringement.

2. Support

In the event that a claim is brought by a third party, the user shall promptly, truthfully and completely make available to Michael all information available to such user that may be necessary to verify such claim and defend against it. Any additional claims for damages that Michael may be entitled to bring against the user shall not be affected.

14. Changes to the T&C

1. General

Michael reserves the right to amend these T&C from time to time for a number of reasons including, without limitation, for commercial reasons, to comply with applicable law or regulations, or for customer service reasons. At any time, the then-current version of these T&C is available for viewing on luftlust at luftlust.com/terms-and-conditions.

2. Changes

If Michael does not obtain your specific consent to the changes in luftlust, he will inform you of any changes at least four weeks prior to the effective date of the changes via email to the address provided during registration or in your account settings (“Amendment Information”). From receiving the Amendment Information, you will have an objection period of four weeks.

The Amendment Information will entail (i) the updated T&C, (ii) the effective date of the changes, (iii) a four-week objection period, (iv) information on the consequences of omitting an objection.

If you do not object to the changes, the updated T&C will be deemed accepted.

In the event that you object to the changes, Michael is entitled to terminate the user contract and delete your user account, under consideration of your interests if continuing of the contractual relationship under the scope of the current terms and conditions is not possible or unreasonable for him.

3. Written Form

Subject to Sections 14.1 to 14.2, any changes to these T&C must be made in writing. No ancillary oral arrangements exist.

15. Miscellaneous

1. Severability Clause

In the event that individual provisions of these T&C shall be or become invalid, all other terms and conditions shall remain in full force and effect.

3. Governing Law and Jurisdiction

  1. These T&C and all contractual relations and litigation between the users and Michael shall be governed by German law, excluding the conflict of law-provisions of the United Nations Convention on Contracts for the International Sale of Goods.
  2. Place of delivery and exclusive court of jurisdiction shall be Hamburg, Germany.

Last updated: 1 March, 2019