Terms of Service

CheckMyTour Terms of Service


CheckMyTour is provided by

SensoFeed Technologies GmbH
An den Bänken 32, 12589 Berlin

represented by its Managing Director Drazen Cindric (“us” or “we” or “our”).


This site provides material, such as software, text, graphics, images, video, audio, data and content of other web sites via links (collectively referred to as the “Content”).


This content is for personal use only. We, our affiliates, our partners, and our and their respective officers, directors, employees, agents, suppliers, or licensors, make no warranties or representations about the content (including user-generated content), including but not limited to its accuracy, reliability, completeness, timeliness, or reliability.


Neither we nor our affiliates or partners shall be subject to liability for truth, accuracy, or completeness of any information conveyed to users of the site or for errors, mistakes or omissions therein or for any delays or interruptions of the data or information stream from whatever cause. You agree that you use the site and the content at your own risk.


(1)  Scope

      i.        These Terms of Service apply for all content, mobile apps and services of


·         CheckMyTour.de

·         CheckMyTour.com

·         CheckMyTour.net

·         CMYT.me

·         the CheckMyTour Android app

·         the CheckMyTour iPhone app



as well as any subdomains or services of those (in the following referred to as “CheckMyTour Services” or simply “CheckMyTour”).


     ii.        CheckMyTour will be constantly extended and improved and, thus, is subject to changes in functionality at any point in time. If required, this may also include adjustments of these Terms of Service.


    iii.        CheckMyTour can only be made responsible for content and services created, published and distributed by us ourselves.


(2)  Liability


      i.        CheckMyTour contains links to, and content and data from, third-party websites (“External Sites”). These links, content, and data are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others.


     ii.        In particular, we cannot accept any responsibility or liability for content or services of External Sites which may be linked to from CheckMyTour. Following these links and using these External Sites is completely at your own risk.


    iii.        We make no warranty that CheckMyTour will operate error free or that the site, its server, or the content are free of computer viruses or similar contamination or destructive features. If your use of the site or the content results in the need or servicing or replacing equipment or data, we shall not be responsible for those costs.


   iv.        In no event shall we be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the site and the content, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if CheckMyTour have been advised of the possibility of such damages.


    v.        CheckMyTour is fully liable for damages resulting from loss of life, body or health caused by an intentional or negligent breach of duty CheckMyTour or their legal representatives or agents as well as other damages caused by intentional or grossly negligent breach of duty or bad faith of CheckMyTour.


   vi.        We take all reasonable steps to protect the personal data provided via CheckMyTour from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. These steps include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store Personal Data. However, no Internet or e-mail transmission is ever fully secure or error free. Hence, we cannot accept we any responsibility or liability for the security of personal data.


(3)  Registration


      I.            To use the service of CheckMyTour, a user has to register and accept these Terms of Service in the course of the registration process. During the registration process, CheckMyTour requests a valid email address and a user name


    II.            By using the Site, you represent and warrant that you are 18 years of age or older. Otherwise, declaration of consent by parental authorities is required.


   III.            Upon registration, the user has to select a secure password. The user must keep the password secret and ensure that others cannot access it.


  IV.            The registration process will be completed via a confirmation link or a confirmation code to be entered. The link or the code are provided by CheckMyTour by means of a confirmation email sent to the email address provided in the registration process. Activating the link or entering the code puts the license agreement into effect.


    V.            If the registration process is not completed, CheckMyTour reserves the right to delete the incomplete account including all data associated with it so far.


  VI.            Membership in the Site is subject, in our sole discretion, to termination at any time.


VII.            CheckMyTour cannot accept any responsibility or liability for the correctness of user identities; if needed, a user has to verify the identity of other users himself.


VIII.            CheckMyTour reserves the right to request proof of identity or age. Should such evidence not be provided in a timeframe set by CheckMyTour, or should it appear as false evidence, CheckMyTour reserves the right to delete the corresponding user account and preclude the user from using the services of CheckMyTour.


(4)  Use of the Site


      I.        After successful registration, the user may use the web site and its services after login.


    II.        The user may or may not provide additional information in his personal user profile. We explicitly point out that the user’s profile, including the profile picture, may be publicly visible after registration. Users may themselves adjust privacy settings such that any personal data becomes visible only for registered users or friends.


   III.        When using CheckMyTour the user may, by his own choice, express his opinion to various topics or otherwise provide content and information, including videos, tracks, tours, comments, rating and pictures. Such voluntary actions only take place after a corresponding user activity.


  IV.        The user accepts that all content provided by the user may be stored, copied and made accessible to others by CheckMyTour, including, without limitation, the access and download of such content to suitable devices. This will allow third parties to use and distribute the content beyond control of the user or CheckMyTour.


    V.        The user accepts to provide content to a platform that may include advertisements of various kinds, including location-based and personalized ads, if the user did not object to such ads in the personal settings.


  VI.        The user accepts that the content provided may be preprocessed by means of technical procedures by CheckMyTour.


VII.        All data and content provided by the user will be stored on servers managed b CheckMyTour, potentially also outside Germany. CheckMyTour can only provide limited storage for user data. Should a user exceed these limits, CheckMyTour will contact the user via email, inform about the situation and request deletion of some data. Storing further content will not be possible as long as the limits are exceeded.



(5)  External Services



      i.        For providing its services, CheckMyTour may use data, content, or services of other web sites or service partners (“External Services”) such us, without limitation, Google, Facebook, Wikipedia, Gowalla, Foursquare, Qype, Toursprung or Twitter. Using these External Services is voluntarily. An entitlement to using these External Sites cannot be accepted.


     ii.        Before using External Services, the user has to carefully study their Terms of Use and Terms of Service. These Terms of Use and accompanying regulations can be access freely via the Internet and are out of control of CheckMyTour.


    iii.        When using External Services, their Terms of Use / Terms of Service form the basis of using these services. These may extend or change the Terms of Service of CheckMyTour and will define further regulations. By using these External Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.


   iv.        If, in the course of using services of CheckMyTour, the user uses or purchases any services or goods from another user or service provider, CheckMyTour will not become a contractual partner. Rather, a contract is closed only between the user and the other user or between the user and the respective service provider.



(6)  Netiquette


      i.        When providing content to CheckMyTour, you agree that you will not:
(i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein;
(ii) publish falsehoods or misrepresentations that could damage us or any third party;
(iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
(iv) post advertisements or solicitations of business; or
(v) impersonate another person.


     ii.        The user will be fully responsible for any content provided to CheckMyTour, including, without limitation, texts, pictures, videos, images, and links.


    iii.        When CheckMyTour has indicated to the user about inappropriate content in his profile, the user must delete that content immediately. All content provided by a user can also be deleted by himself.


   iv.        As a user, you commit yourself to respect interest and concerns of other users and to not consciously violate the rights of other users or 3rd parties. It is prohibited to publish content to CheckMyTour or transfer information, software or other material using services of CheckMyTour that violate or affect rights of others.


    v.        It is not allowed to transfer any information, software or other material containing a virus, malware or similarly damaging elements.


   vi.        The user guarantees not to prevent or limit free access of other users or the operations of CheckMyTour.


  vii.        Any violation of these rules will result in termination of your access to CheckMyTour.


viii.        In case of any violation of these rules, CheckMyTour may remove User Content and/or terminate your access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.


   ix.        It is prohibited to use CheckMyTour or its services for any advertisements or any other commercial purpose. In particular, the user confirms


·         not to publish any content for commercial purposes or spam

·         not to carry out any anti-competitive acts or encourage, including progressive customer acquisition practices (such as chain, snowball or pyramid schemes).

·         not to attempt to access data of against law or the Terms of Service, or by technical means or otherwise to harm CheckMyTour and its services

·         not to apply any programs or scripts, such as web scarping, web harvesting or web data extraction, to the CheckMyTour web site.


    x.        Moreover, content provided by other users must not be copied, distributed or otherwise made public.


(7)  Reporting Violations



i.              Every user of CheckMyTour is encouraged to report any violation of these Terms of Service via the reporting functions provided on the site or an email to legal(at)checkmytour.com. To allow us to follow up on the report, the user ensures to provide us with correct and complete details of the incident.


ii.             Should the user observe content provided by other users that, according to the opinion of the user, is unlawful, the user is obliged to contact us via the reporting functions provided on the site or an email to legal(at)checkmytour.com and to provide detailed information about the incident and the location of the content.



(8)  Trademarks of CheckMyTour


  1. The Content provided by CheckMyTour and its services is protected by copyright. The site must not be changed, copied, reproduced, transferred, distributed or stored without prior written consent from us or the owner of the Content.


     ii.        The user accepts that all trademarks displayed on CheckMyTour and its services are owned by CheckMyTour and must not be used for any purpose without prior written consent from us. Moreover, programs, scripts, software or other components of CheckMyTour must not be copied, decompiled or otherwise changed without prior written consent from us.


  1. For any software, tools, data or other content provided by CheckMyTour for download or otherwise, the user receives a simple, non-exclusive, non-transferable license allowing the user to download and store the content once. In particular, the user may not sell, transfer, assign, or sublicense the content, be it for commercial purposes or otherwise.


(9)  Data Protection


  1. CheckMyTour verpflichtet sich, die gesetzlichen Bestimmungen zum Datenschutz zu beachten. Insbesondere wird in diesem Zusammenhang auf unsere Datenschutzbestimmungen verwiesen, die ein Teil dieser Nutzungsvereinbarung darstellen.
  2. CheckMyTour undertakes to comply with the legal provisions on data protection. In particular, reference is made in this connection to our Privacy Policy, which are a part of this User Agreement.





(10)        Dismissal and Termination of Service


      i.        Every user has the right to quit his account and thus resolve the membership without giving any reason and without notice.


     ii.        CheckMyTour has the right to move the Site or the Services without notice for any reason to a different Internet address, or relocate the Site or the Services in whole or in part. In such a case, CheckMyTour will inform users at least four weeks in advance.


    iii.        Claims against the operator in case of closure or relocation of the Site or the Services are excluded.


   iv.        CheckMyTour may terminate the contract with the user at any time for any reason with a period of fourteen days mid-month or end of the month.


    v.        The right to immediate termination for a compelling reason, in case of violations of these Terms of Service, the Privacy Policy, the netiquette or other laws remains in place.


   vi.        In case of an extraordinary cancellation by the operator, the user is in principle permanently excluded from the use of CheckMyTour; re-registration is permitted then.


  vii.        With the expiry of the notice period, all personal data of the user will be deleted completely and irreversibly. For technical reasons, the deletion process may take up to 72 hours. This does not affect the extended storage of personal data in case of abuse and criminal investigation.


viii.        The user is not entitled to restitution or other transfer of the content posted by him. In case of terminating an account, CheckMyTour will


·         delete the user’s profile and the user’s message box completely and irreversibly,

·         for articles, routes, tours, photos, videos, feeds and comments posted by the user remove the user as author and display those content with an anonymous author, but not change the content itself,

·         replace the moderator in case of groups, meetings or polls created by the user.



(11)        Exemption


      i.        The user releases CheckMyTour from all claims made ​​by other users or third parties against CheckMyTour for violation of their rights due to content provided by the user on the Site or due to the user’s usage of CheckMyTour and related services.

     ii.        In such a case, the user pays the cost of legal defense of the operator, including all court costs and attorney fees, if any. This does not apply if the user is not responsible for the infringement.


    iii.        In the event of a claim by a third party, the user is required to provide CheckMyTour immediately, truthfully and completely all information necessary for the examination of claims and defenses.


   iv.        For damage to CheckMyTour resulting from a breach of duty of the user, the user is committed to compensation against CheckMyTour unless the user is not responsible for the breach of duty.


(12)        Jurisdiction and Applicable Law


      i.        These Terms of Service are governed by the laws of the Federal Republic of Germany. If not required otherwise by law, exclusive jurisdiction is in Berlin, Germany.

(13)        Change of Terms of Service


      i.        CheckMyTour reserves the right to change the Terms of Service at any time without prior notice.

     ii.        The user agrees to the change if he does not object within 14 days of notification of the change by email to legal@checkmytour.com. In case of objection, CheckMyTour reserves the right of termination according to section (10) iv.



(14)        Salvatorius Clause and Final Provisions


      i.        If one or more provisions of these Terms is invalid or void, the validity of the remaining provisions shall not be affected.


     ii.        The invalid provision shall be replaced by a valid, which corresponds to the spirit and purpose of the invalid provision.


    iii.        Verbal agreements do not exist.



Date of issue: February 26, 2011