General Terms and Conditions
for the Online Masterclass & Presets
1. General/Scope of Application
1.1. FollowTheTracks UG, Mittelstrasse 9, 12529 Schönefeld, Germany (hereinafter referred to as “the provider” or “we”) is the developer and operator of “www.followthetracks.courses,” an Internet platform (hereinafter referred to as “the platform”) that would like to help photographers, amateur photographers, bloggers, Instagrammers, and anyone seeking adventure to achieve growth in the areas of photography, image editing, and business, through the experience of Max Muench. The relevant expertise shall be taught within the framework of various workshop units with the help of a Masterclass course package. These shall be made available to our users online.1.2. We also offer so-called presets for the above-mentioned course program. Presets are electronically saved preconfigured parameters that enable a standardized application for image processing, providing the perfect tool for editing and processing your images. They can be used via Lightroom on a computer or the free Lightroom CC app.
1.3. The platform shall be used exclusively on the basis of these General Terms and Conditions. These General Terms and Conditions shall also apply to all billable services accessed by the users (section 13 of the German Civil Code (BGB)) via the platform.
1.4. By registering and using the platform, you accept the validity and applicability of these General Terms and Conditions.
1.5. Usage is authorized only for natural persons of legal age and unrestricted legal competence.
2. Terms of Use
2.1. Electronic Communication If you want to use the platform or send us emails, you communicate with us electronically. You agree to receive communications electronically. We shall communicate with you by email only. You agree that such notices, which we send you electronically, fulfill all legal requirements of this communication in writing. This provision does not affect your statutory rights.2.2. All content provided on or via the platform, such as text, graphics, logos, icons, images, audio, and video clips, digital downloads, data collections, and the Masterclass content are the property of the provider and are protected by German copyright law.
2.3. License and Access Subject to compliance with these terms of use and the payment of the incurred costs, the provider shall grant you a limited, non-exclusive, non-negotiable, and non-sublicensable right of use for the access to the platform and personal, non-commercial use. This license does not include any resale or commercial use of the platform or its content, the collection or use of product information, descriptions, or prices, any derivative use of the platform or its content, downloading or copying of content, the use of data mining, robots, or similar data gathering and extraction programs. The provider reserves any rights that are not expressly transferred to you on the basis of these terms of use or any other relevant conditions. The Masterclass content may not be reproduced, duplicated, copied, sold, resold, or otherwise used for commercial purposes, in whole or in part, without the express written consent of the provider. You may not use any frames or frame techniques to enclose any trademark, logo, or other copyright protected information (such as images, text, page layouts) of the provider without express written consent. The use of the links that will be sent to you by email after the purchase of the presets is reserved for you alone. Transfer to third parties, either in the form of links, or the ZIP file, or the individual information contained therein, is not permitted. Your statutory rights remain unaffected. You may use the platform only within the scope permitted by these terms of use or the law. Any violation of these terms of use or other relevant conditions and any improper use shall void the permission or license granted in this section.
3. Content and Services/Conclusion of Contract
3.1. The Online Masterclass is basically free of charge and accessible only after registration and the payment of a usage fee.3.2. When booking the Self-Drive Experience or the Personal Mentorship Trip, the Online Masterclass is included.
3.3. The respective prices for the fee-based online course (Online Masterclass) and presets will be clearly communicated to you in the legally prescribed manner before your booking. The price includes the statutory value-added tax.
3.4. The payment can be made with PayPal, by credit card (Visa, MasterCard, American Express), Giropay, and Klarna immediate transfer. The total price of the order, including all fees, for all payment types, is due after the contract is concluded, either immediately or in fixed installments.
3.5. Installments can only be paid by credit card (Visa, MasterCard, American Express).
3.6. For payments from abroad, all additional costs, such as bank charges for currency conversion and transfer fees, shall be payable.
3.7. We shall submit a binding quote for the use of the fee-based online course or to download the presets, together with the presentation of our range of services for the online courses and the presets. By clicking the “buy now” button or the clearly labeled button in accordance with section 312 j para. 3 of the German Civil Code (BGB), you shall indicate your acceptance of our quote. The contract shall thereby become effective.
3.8. After booking the Online Masterclass, you shall receive access to the platform “www.followthetracks.courses” and the provided content for a period of at least two years (beginning on the day of the booking). The content can vary depending on the type of course booked; it includes, in particular, PDF documents and video and/or audio streaming content.After booking the Online Masterclass, you shall receive access to the platform “www.followthetracks.courses” and the provided content for a period of at least two years (beginning on the day of the booking). The content can vary depending on the type of course booked; it includes, in particular, PDF documents and video and/or audio streaming content.
3.9. After purchasing the presets, you will receive an email from us with an individual download link. You shall have 48 hours to download a ZIP file containing your presets via this link.
3.10. Should the booking confirmation contain spelling or typographical errors, or should technically related transmission errors underlie our price determination, we shall be entitled to appeal. Any payments already made shall then be refunded to the user immediately.
3.11. The contract text shall not be stored by us.
4. Registration
4.1. In order to be able to use the platform, you will need to register with us for the booking process. Registration and usage is authorized only for natural persons of legal age and unrestricted legal competence.4.2. Upon registration, a contract shall be concluded between you and the provider governing the use of the platform.
4.3. Any information required for registration shall be provided in a complete and correct form and always kept up to date. We are entitled to make the use of the platform or its individual features contingent on the provision of a suitable proof of your identity and/or legal competence.
4.4. When registering at “www.followthetracks.courses,” you shall set a user name and a password.
4.5. You shall keep this password secret. It is your sole and entire responsibility to maintain this secrecy. The “www.followthetracks.courses” user account may only be used by you. You shall inform us immediately of any unauthorized use of your user account or any suspicion thereof. If we become aware of any unauthorized use of the access by third parties, we shall have the right to block your access to all content without notice. In your own interest, please choose secure passwords and user names that are not identical to each other.
4.6. We shall collect, process, store, and use the data provided by you on this platform as part of your registration for the purposes of executing the contract. More detailed information can be found in our provisions on data protection.
5. Obligations of the User and Transfer of Rights
5.1. You shall guarantee the completeness and accuracy of all data entered into the input mask of “www.followthetracks.courses” or otherwise transferred by you. You are solely responsible for entering complete and accurate data into the input mask.5.2. Should you intentionally provide inaccurate or false personal data, we reserve the right to exclude you from the use of the offered or provided services and to claim compensation for any damages incurred as a result.
5.3. You must inform us as soon as possible of any changes to your personal data (address, email address, etc.).
6. Scope of Use of the Content of the Online Masterclass and the Presets
6.1. All rights to the provided content and, in particular, the copyrighted usage and exploitation rights, are exclusively available to the provider within the user-provider relationship.6.2. You shall be entitled to use the provided contribution exclusively for private purposes. The provider shall grant you, for the purchased content, a simple, non-transferable usage right to stream the content of the platform for your own personal, non-commercial use on your computer or other devices. You shall not be entitled to exploit the content beyond the use permitted within this granting of rights.
6.3. It is forbidden to transfer or offer the above-mentioned content to third parties.
6.4. It is forbidden to forward the links sent to you via email for downloading the presets or offer the content to third parties.
6.5. It is forbidden to download (except to the working memory when streaming video and/or audio), save, or archive the online videos provided.
6.6. Furthermore, you are prohibited from removing the copyright notices, trademarks, and other legal reservations in the downloaded content.
6.7. It is forbidden to modify, disassemble, convert, change, or forward the content via the Internet or other networks, in return for payment or free of charge, or to exchange it and/or use it for commercial purposes in any way.
6.8. If an unauthorized third party uses your authorization to purchase and use the contents for reasons for which you are responsible, you shall be obliged to refund any costs thereby incurred and/or pay any claims for damages to the provider.
7. Liability of the Provider
7.1. The provider shall be liable without limitation, insofar as the cause of the damage is based on intent or gross negligence. We exclude all liability for slightly negligent breach of duty, provided that such breaches do not involve essential contractual obligations (cardinal obligations), damages resulting from injury to life, body, or health, or a defect after acceptance of a guarantee for the quality of the product and for fraudulently concealed defects, or affect claims under the German Product Liability Act. Essential contractual obligations are those which must be fulfilled in order to achieve the objective of the contract, the fulfillment of which you are entitled to expect.7.2. Insofar as the provider's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives, and vicarious agents.
7.3. Furthermore, our liability to business owners for breach of essential contractual obligations is limited to the amount typical for the industry and foreseeable at the time of the conclusion of the contract.
8. Term, Termination, Cancellation
8.1. The license agreement for the Online Masterclass shall begin from the time of your booking (clauses 3.4. to 3.7.) until termination by the provider, but shall in any case be valid for no less than two years (guaranteed period of use).8.2. During the period of use, ordinary termination by the user is excluded.
8.3. The right to block or terminate the user account for cause shall remain unaffected by the foregoing provisions.
9. Notice According to Art. 14 of the ODR Regulation
9.1. In the event of a dispute, customers who are consumers within the meaning of section 13 of the German Civil Code (BGB) have the option of implementing an online arbitration procedure on the EU portal “Your Europe” (http://europa.eu/youreurope/citizens/index_de.htm) with the assistance of a recognized arbitration body. To do so, you can use the online arbitration platform of the EU at the URL: http://ec.europa.eu/consumers/odr/.9.2. The online arbitration procedure is not a mandatory prerequisite for appealing to competent ordinary courts, but provides an alternative way to resolve differences that can occur in the context of a contractual relationship.
9.3. Other national provisions for the implementation of arbitration procedures shall remain unaffected by the above regulations in clauses 10.1 and 10.2. Please be advised that the anticipated online platform of the European Commission for out-of-court online dispute resolution (ODR platform) at http://ec.europa.eu/consumers/odr is currently unavailable and not yet operational. Our email address is: info@followthetracks.courses
10. Changes to these General Terms and Conditions
10.1. We can modify, adapt, or update these General Terms and Conditions at any time with effect for the future without providing any reasons, provided that such changes are reasonable and the interests of both parties are taken into account. A change is unreasonable if it involves essential parts of the contract, in particular the main services owed, which would have to be governed by an amendment agreement.10.2. We shall inform you in advance – at the latest two weeks prior to the date of entry into force of the amended General Terms and Conditions – by email at the email address you have provided, about upcoming changes and the option to object to these changes, the notice period for doing so, and the consequences of failing to object.
10.3. If you do not object to the changes within two weeks after the entry into force of the amended General Terms and Conditions, these shall be deemed accepted. The period begins on the date of entry into force that was previously communicated by email, or otherwise on the day you first became aware of the changes.
10.4. In the event of timely objection, and taking into account your legitimate interests, we have the right to terminate the user relationship with you, effective at the time at which the amended General Terms and Conditions enter into force. We shall inform you in advance – at the latest two weeks prior to the date of entry into force of the amended General Terms and Conditions – by email at the email address you have provided, about upcoming changes and the option to object to these changes, the notice period for doing so, and the consequences of failing to object.
11. Final Provisions
11.1. Should individual provisions of these General Terms and Conditions be or become invalid, in whole or in part, the validity of the remaining provisions shall remain unaffected.11.2. Changes and additions to these General Terms and Conditions must be made in writing in order to be effective. This also applies to the cancellation of this written form clause.
11.3. The law of the Federal Republic of Germany, under exclusion of the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) and the rules on the conflict of laws from the Introductory Act to the Civil Code (EGBGB), shall apply.
11.4. The place of jurisdiction for all disputes arising from this user relationship is the court responsible for the place of our headquarters (registered office) if you are an entrepreneur/merchant, a legal person under public law, or a special fund under public law, or you have no general place of jurisdiction in Germany or any other EU member state, or have relocated your place of residence abroad after the application of these General Terms and Conditions, or your domicile or habitual residence is unknown when proceedings are instituted, or you do not have a general place of jurisdiction in Germany.
Stand 12.10.19