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Midnight Tour

Nutzungsbedingungen

Entwurf – noch nicht in Kraft

Dieser Text ist ein Entwurf in Prüfung. Markierte Stellen sind noch auszufüllen.

Der Arbeitstext ist auf Englisch. Die deutsche Fassung erscheint nach der rechtlichen Prüfung.

Arbeitstext (Englisch)

Last updated: [OWNER: date]

1. The service

Midnight Tour is operated by [OWNER: legal name, address, e-mail]. It shows a curated catalog of public roads that our team considers enjoyable to drive, with information about each road, and can hand directions to a road's entrance over to a navigation app.

2. Drive lawfully and safely

  • Routes are public roads, not race tracks. Obey traffic law, speed limits, signs and road closures, and drive to the conditions.
  • Do not use the app while driving. Set up directions before you set off.
  • Midnight Tour has no live timers, rankings, racing lines or speed challenges for public roads (the optional drive log on your phone only records your own past drives), and you must not use it to organise races, speed trials or other unlawful activity.

3. Information may be incomplete or out of date

Route information (geometry, length, surface, direction, access, conditions, curviness) is prepared with care but can be wrong or outdated. Road works, closures, weather and local rules change. When information is unknown, the app says so; "unknown" never means "open" or "safe". Always follow what you see on the road and check local sources before you go.

4. Navigation hand-off

"Navigate to start" opens a third-party app (Google Maps or Waze) with the route entrance as the destination. That app plans its own way and does not follow the route's line. Its own terms apply.

5. Your account

You must be at least [OWNER: 18] years old to create an account. Keep your password secret. You can delete your account at any time in Profile or as described at [OWNER: deletion URL]. We may suspend accounts that misuse the service (for example automated scraping, attempts to break security, or abuse of other users).

6. Google Maps

The app includes Google Maps features and content. Use of Google Maps features and content is subject to the then-current versions of the Google Maps/Google Earth Additional Terms of Service and the Google Privacy Policy.

7. Map data and content

Route lines and the coverage border can contain data © OpenStreetMap contributors, available under the Open Database License. Each route names its data source. The catalog's texts and selection are ours [OWNER: confirm ownership/licence of curated content]; do not copy or extract the catalog in bulk.

Photo spots from map data. Most photo spots are found automatically from OpenStreetMap data (a viewpoint with a car park or lay-by near a listed road) and are labelled "from map data". Nobody has checked them: the parking may be private, closed or signposted otherwise on the day. Follow the signs, park only where it is allowed, and report a spot that is wrong.

Roads you suggest. [OWNER/LEGAL: draft for Add a road, built locally only.] When you pick two points with Add a road, we find the road between them in OpenStreetMap data and check it automatically against our rules. A road that passes is shown to every user as found automatically and not checked by a person, without your name. Suggest only public roads you may lawfully drive; never a race or a closed course. We may remove any suggested road at any time, for example after a report. Road data derived from OpenStreetMap stays available under the Open Database License.

8. Photos you share

[OWNER/LEGAL: draft clause for photo uploads at photo spots (owner decisions 2026-10-18 and 2026-10-19: photos are approved by the owner and moderators before anyone sees them). Legal review before it is published, including the DSA notice-and-action duties.]

Your licence to us. You keep the copyright in photos you upload. You grant Midnight Tour [OWNER: legal name] a worldwide, non-exclusive, royalty-free licence to show, resize and credit your photo in the app and on the app's store pages. The licence ends when your photo is deleted (at your request, or with your account); we then remove it from the app at once and from the store pages at their next update. You confirm that you took the photo yourself and may grant this licence. Sending a photo from the spot page is how you grant it; the app says so next to the Send button.

Credit. We credit each photo with the name you type when you send it (your driver-card nickname by default), or as "a driver" if you leave it empty. Never use an e-mail address or someone else's name.

Rules for photos. Upload only photos that:

  • you took while parked at the spot, never while driving or standing on the road;
  • show no recognisable faces and no readable number plates, your own included (blur them or leave them out);
  • were not taken on private land without the owner's permission;
  • show no house numbers or private homes as the subject;
  • do not show or suggest speeding, timing, racing or stunts.

Moderation. The owner or a moderator checks every photo before it appears. We may decline or remove a photo that breaks these rules or the law; a declined photo is deleted. [OWNER/LEGAL: the app does not yet tell you why a photo was declined, and photos cannot yet be reported in the app; write to [OWNER: e-mail] to report one.] Each account can send at most 10 photos a day. We may stop you from uploading if you break these rules repeatedly.

9. Changes and availability

We may change or discontinue features. We will tell you about material changes to these terms in the app before they take effect.

10. Liability

[OWNER/LEGAL: liability clause appropriate for EU consumers. It cannot exclude liability for intent, gross negligence, or death and personal injury caused by our fault, nor mandatory consumer rights.]

11. Law and contact

These terms are governed by the law of [OWNER: Luxembourg], without prejudice to the mandatory consumer protection of your country of residence. Contact: [OWNER: e-mail].