1. Acceptance of Terms
1.1. Palmdestination.com operates the website Palmdestination.com (“Website”), a platform that allows you to buy photot and video content, or other material (together “Content”). Our goal is to help our visitors find the best destinations and resorts/hotels to promote themselves.
1.2. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors.
1.3. By accessing or using the Service, whether as a visitor or user of the Website, you agree to be bound by these Terms. These Terms serve to protect and safeguard your rights, the rights of other users, our rights and the rights of third parties in the course of operating the Website. If you do not agree to the terms of use, you must immediately stop using any part of the Service.
1.4. We reserve the right to change or adapt these Terms at any time and without giving reasons with effect for the future. You will be notified of these changes at least two weeks before they take effect by posting them on the Website and should you have created a user account on our Website by notifying your registered e-mail address. You have the right to immediately cancel and terminate your account on our Website if you do not agree to the changes to the Terms. Changes shall be deemed approved by you if you continue to use the Service after the new Terms come into effect.
1.5. The use of the Service is subject to the Terms in force at the time of use.
2. Accounts and Registration
2.1. You have the option of creating a user account on our Website so that you can use the additional functions of the Website, in particular for purchasing Content or for participating in any contests made available through the Service. The opening of a user account can only take place with the agreement to these Terms.
2.2. Upon registration, Palmdestination.com and you enter into a contract for the use of the Website and the Services. There is no claim to the conclusion of this contract. Palm Destination is entitled to refuse your registration without giving reasons.
2.3. You may only register with Palm Destination if you are 18 years of age.
2.4. When you create an account with us, you must provide us with the information and data requested by Palm Destination that is accurate, complete, and current at all times. If your data changes after registration, you are obliged to correct the information in your account immediately.
2.5. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without authorization, or a name that is otherwise offensive, vulgar or obscene.
2.6. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. If you are not responsible for the misuse of your member account, you are not liable. You agree not to disclose your password to any third party. You must notify us immediately at [email protected] upon becoming aware of any breach of security or unauthorized use of your account.
3. Contests, Sweepstakes and Promotions
3.1. Palm Destination conduct promotional activities on the Website, such as contests, sweepstakes or other promotions (together “Promotions”). Each of these Promotions are subject to additional special conditions (“Conditions of Participation”), which will be published on our Website or otherwise notified to you by Palm Destination.
3.2. When participating in Promotions, you agree that it is not a lottery but a marketing incentive.
3.3. All prizes in connection with a Promotion are non-transferable and cannot be changed for cash or other products or services. Palm Destination reserves the right to modify or replace the Promotion prizes.
Information on Data Protection
Participation in the Promotion requires the participant to provide personal data such as name, address, telephone number and e-mail address. These personal data will be collected and processed by Palm Destination GmbH and/or by appointed providers (e.g. companies providing tech gadgets, coupons or other prizes) for the purpose of participation, implementation and handling of the Promotion and the possible notification of a win on the basis of Article 6 (1) (b) GDPR (performance of contractual relationships with you). Personal data will not be passed on to third parties, with the exception of partners, which are also involved in the Promotion. In the event of a win, the personal data collected for participation in the Promotion will be transferred to the respective third party involved (hotels, travel agents/organisers) exclusively for the above-mentioned purpose. As soon as the process of determining the winner and of handing-out the price is completed and the data provided is no longer required, they are deleted, unless continued storage is required on legal grounds.
You have the right:
- in accordance with Article 15 GDPR to obtain information about the personal data processed by us;
- in accordance with Article 16 GDPR DSGVO to obtain without undue delay the rectification or completion of your personal data stored by us;
- in accordance with Article 17 GDPR to obtain the erasure of the personal data stored by us, unless the processing is necessary for exercising the right of freedom of expression or information, for compliance with a legal obligation, for reasons of public interest or for the establishment exercise or defense of legal claims;
- in accordance with Article 18 GDPR to obtain the restriction of the processing of your personal data if you contest the accuracy of the personal data, the processing is unlawful, but you oppose their erasure and we no longer require the data, but you require these for the establishment, exercise or defense of legal claims or you have objected to their processing in accordance with Article 21 GDPR;
- in accordance with Article 20 GDPR to receive your personal data in a structure, commonly used and machine-readable format or have such transmitted to another controller;
- in accordance with Article 77 GDPR to complain to a supervisory authority. You can usually contact the supervisory authority at your normal place of residence or your workplace or where we are headquartered for this.
4. Restrictions on use of the Service and Content
4.1. You represent and warrant to Palm Destination that by using the Service you will NOT:
- impersonate any other person on the Services, e.g. a representative of Palm Destination.
or any other person responsible for the Services, or impersonate any non-existent relationship with such persons; - use the Service and/or Website for the storage, publication and/or transmission of “junk mails”, chain letters, unsolicited bulk e-mails, etc., or for any other purpose. “(“spamming”);
- send any data or store any data on a Palm Destination.com
data carrier which, by its nature or nature (e.g. viruses), size or reproduction (e.g. spamming), is intended to impair or endanger the existence or operation of the Services and the Palmdestination.com
data network; - make any electronic attacks of any kind on the Service or network; in particular, the use of computer programs to automatically read out data such as robots, spiders, etc. is prohibited;
- use or exploit any metatags or other hidden texts containing the name or trademark of Palm Destination without the express written consent of Palm Destination.
- collect, store or use any personal information, including member names and profiles, about other users;
- copy the look and feel of the Website.
5. Notice of Infringements
5.1. Please let us know if you believe that any Content made available on and via the Service contains a violation of the law. The message can be sent by e-mail to the address [email protected]
5.2. If you as the copyright owner or as its representative believe that your copyrights are infringed by the Content of users stored, published or transmitted on the Website, please notify us by e-mail to [email protected] including the following information:
- a description of the rights you consider to have been infringed;
- a statement of the content you believe infringes your rights, preferably including a URL, and the part of the content you believe infringes the law;
- your address, telephone number and email address to contact you;
- a statement by you that, to the best of your knowledge and in good faith, you believe that the use in question has not been approved or is not authorized by the rightsholder or its agent.