“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.
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.
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.
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.
Neither the registration nor the use of the complete spectrum of luftlust shall be possible without consent to these T&C.
These T&C shall apply to all points of access for luftlust. In particular, the luftlust online offering is accessible via luftlust.com.
Currently, luftlust essentially offers its users the following features and information:
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.
Only persons legally capable to enter into agreements on their own behalf shall be permitted to register with luftlust.
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.
Each user shall have the right to terminate the use of luftlust at any time via their account settings or by email at email@example.com.
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.
Each user of luftlust must
In order to ensure the proper and reliable provision of luftlust, Michael imposes the following sanctions upon breach obligations by a user:
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.
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.
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.
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
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.
Michael does not claim ownership of any content created by users and will not supervise such content.
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.
Michael shall not be responsible for inaccurate content created by users, e.g., flight details etc.
Michael does not claim or warrant that
The user uses luftlust exclusively at their own risk. This applies, without limitation, to
The use of any software or hardware offered by Michael is no substitute for the consultation by the user of a specialized paragliding instructor.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Subject to Sections 14.1 to 14.2, any changes to these T&C must be made in writing. No ancillary oral arrangements exist.
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.
Last updated: 1 March, 2019