I. Object of the Contract, Amendments, Definitions, Portal Areas
§ 1 Object of the Usage and License Conditions
(1) The Andreas Dittberner / aboutpixel.de company, proprietor Andreas Dittberner, Warschauer Str. 59A, 10243 Berlin (hereinafter referred to as "aboutpixel") provides an internet portal for the provision and retrieval of image files.
(2) The portal can be accessed through the domains aboutpixel.de, aboutpixel.com, aboutpixel.org, aboutpixel.net, aboutpixel.at, aboutpixel.eu, aboutpixel.info.
(3) These Usage and License Conditions govern the provisions of the services by aboutpixel, usage and billing for these services and provisions under license law regarding the transfer of the images provided through the portal.
(4) For information on aboutpixel, see here.
§ 2 Changes to the Participating and Usage Conditions
Aboutpixel reserves the right to change these Usage and License Conditions at any time and without giving any reasons with immediate effect even during the existing contractual relationships or to amend them by introducing additional provisions. However, such changes shall not affect any already existing license agreements pursuant to §§ 15 to 19 closed between the members concerning image files provided. You will be informed of any changes or amendments in writing no later than 30 calendar days before the intended date of effect. If you do not object within 30 days after receipt of the notification of change or amendment and continue to use the services after the end of the objection period, the changes shall be deemed effectively agreed on after the end of this period. The notification of change or amendment will include separate information on the meaning of the consequences arising at the end of the objection period and the connected acceptance. If you object, the contract shall be continued with the previous conditions.
§ 3 Definition of Terms
(1) "Upload“ shall mean the transfer or upload of image files intended for image transfer by members (para. 3) from a local storage medium to the server of aboutpixel using the upload function provided on the portal by pressing the upload button on the "Upload" area.
(2) "Download" shall mean the transfer or download of image files intended for image transfer from the server of aboutpixel to a local storage medium using the download function provided on the portal by pressing the download button in the area "Photos", "my ap".
(3) "Member" shall mean any natural person or legal entity or partnership who properly signed up to the portal.
(4) "License provider" shall mean any member transferring an image file by uploading it and clearing it after acceptance by aboutpixel.
(5) "Licenser" shall mean any member whose provided image file is transferred to another member by downloading.
(6) "Licensee" shall mean any member transferring an image file by downloading.
§ 4 Portal Areas
(1) The portal is divided into a guest area and a members-only area. The guest area is accessible to all visitors of the portal. The members-only area is only accessible to members.
(2) In the guest area, the portal visitors will receive general information on the portal and the services provided through the portal; they can display the images provided on the portal and use a search function on them. In this area, visitors of the portal are also able to sign up for the portal and to access contents from the portal's blog and forum, as well as from the portal help system.
(3) In the members-only area, members may also, that is, in addition to the possibilities named in § 4 para 2, enter image files pursuant to these Usage and License Conditions by uploading them and retrieve the image files entered into the portal and cleared by downloading them. Participants may create their own personal profiles, get into contact with each other and communicate, post entries on the portal's forum and comment entered image files and entries in the portal's blog. Furthermore, participants may buy credit packages in the portal's shop.
(4) Using the services available in the members-only area is generally free of charge. Aboutpixel only charges an agency fee if licenses are bought using PayCredits. Details on this are stipulated in §§ 12, 13.
II. Sign-up, Dealing with Access Data, Termination
§ 5 Signing up and Availability for Sign-up
(1) Using the services available in the portal's members-only area requires you to sign up as a portal member. There shall be no entitlement to membership. Aboutpixel shall have the right to reject applications for membership without stating any reasons.
(2) You may only sign up if you are at least 16 years of age. In case of a legal entity or partnership, a natural person with power of representation must sign up.
§ 6 Sign-up Procedure
(1) When the registration data is sent by confirmation via the registration field "Become a Member! Sign up for free now!", you propose to enter into a Usage Agreement, based on which you have the right to use the portal as a member, subject to these Usage and License Conditions.
(2) Please observe: If you apply for access to the members-only area for a purpose neither associated with your professional or freelance activity, you are entitled to a statutory right of withdrawal. For more information on the right of withdrawal and notice of your right of withdrawal, see here.
(3) The contact information and other information requested by aboutpixel during sign-up must be provided completely and correctly by you. When signing up a legal entity or partnership, the natural person with power of representation must also be indicated.
(4) When all information requested is provided, aboutpixel will clear the access to the members-only area you applied for and inform you by sending an email to the address you entered during sign-up. This email is deemed acceptance of your membership application. Once you have received the email, you have the right to use the services available in the members-only area in the scope of these Usage and License Conditions. For this, you must first confirm your clearance by clicking the link included in the email.
§ 7 Responsibility for Access Information
(1) At sign-up, you need to enter a user name and password. You may use this information to log in at the portal after your access to the members-only area was cleared and after your confirmation pursuant to § 6 para 4. You are responsible for your username not violating any third-party rights, in particular not any name or trademark rights and that it is not immoral.
(2) You are obliged to keep the access data, including your password, secret and to not make them available to any unauthorized third parties.
(3) You are also responsible for ensuring that your access to the members-only area and the services available in this area are only made use of by you. If you fear that any unauthorized third parties may have received or may receive knowledge of your access information, you must inform aboutpixel immediately. You shall be liable for any use and/or other activity your access data is used for, subject to statutory provisions.
§ 8 Updating your Membership Information
You are obliged to keep your information (including contact information) up to date. If the information entered changes during your membership, you need to correct this information in your personal information on the portal without delay. If you cannot do this, please inform us of the change of your information without delay by sending an email to firstname.lastname@example.org.
§ 9 Termination of Membership
(1) You may terminate your membership at any time by giving notice of termination without stating any reasons. Send your notice of termination by email to email@example.com or as a letter to Andreas Dittberner, aboutpixel.de, Warschauer Str. 59A, 10243 Berlin.
(2) When the termination enters into effect, the contractual relationship ends and you may no longer use your access. Aboutpixel reserves the right to block the user name and password when the termination enters into effect.
(3) Aboutpixel shall have the right to delete any data created in the scope of your participation, and in particular any image files entered, comments and posts written, irretrievably at the end of 30 calendar days after the termination enters into effect and after the end of any possible statutory periods of retention.
(4) Apart from this, the provisions for blocking members pursuant to § 27 shall apply.
III. Upload and Download of Image Files, Credit System, Compensation
§ 10 Uploading Images
(1) In the scope of portal usage, the members will have the possibility of entering image using the upload service provided on the portal and to provide them to portal visitors and members for display and to members for download subject to the license requirements
(2) The member uploading the image files shall be solely responsible for the contents of the image file and for the right to offer images at aboutpixel. When uploading image files, the members confirm that they are the sole owner of all rights in these image files and/or have the right to publish or enter them on the portal within the respectively provided functions, e.g. in particular regarding the possibility to view, download and further intended use of the image file pursuant to the stipulations of license law of §§ 15 through 19 by other members, i.e. also for the granting of such usage and exploitation rights. This also refers to any image contents that require clearance by any third parties.
(3) Where there are any recognizable persons, there must be a "model release" (written agreement with the person photographed), which must be presentable in digital form on request. The same shall apply for any recognizable artwork (e.g. modern architecture, historical works/buildings, identifiable private property); in case of legally protected objects of such and other kinds, the consent of the holder of the rights must be present ("property release"). Any images of interior rooms require the permission of the host. Any images to be uploaded generally must not include any recognizable branded articles or logos. Any official documents, such as car license plates, must not be recognizable/readable.
(4) When uploading images with a content for which the consent of any third parties is present, the file name must be preceded by "mr_" (model release for recognizable persons) or "pr_" (property release for objects with permission by the owner of rights) so that the administrators responsible for clearing the images are informed that these images are uploaded with permission even in the clearance area (e.g., the image called "playing_child.jpg" must be renamed: mr_playing_child.jpg" if permission by the child's parent or guardian is present. Of course, the same also applies for file names such as "DSC73635.jpg", which will then be "mr_DSC73635.jpg" if the image it describes contains any elements that require permission).
(5) You must not enter any images with contents that
• Violate applicable law, third party rights (in particular the right on protection of privacy or portrait rights) or the principles of legal protection of children and young persons,
• Have any insinuating, offensive, obscene, pornographic, insulting, libelous or defamatory content or
• Are suitable to promote or support racism, fanatism, hate, physical violence or crimes.
(6) Aboutpixel reserves the right to reject image files sent to the portal and/or to remove any image files already entered without previous announcement if the entering of the image files or the image contents themselves violate the provisions of these Usage and License Conditions or if there is any concrete indication that there will be such a serious violation against them. However, aboutpixel shall here consider the reasonable interest of the members and use the mildest means for preventing the violation.
§ 11 Downloading Images
(1) In the scope of usage of the portal, members receive the possibility to download the image files entered into the portal by other members using the download service provided on the portal pursuant to the license provisions and to use them in the respectively permissible scope. The usage rights in each individual case depend on the license type chosen. The range of the different licenses is determined in the provisions of §§ 16 through 19.
(2) Image files may only be downloaded using credits. Details on crediting and using credits are stipulated in the provisions of §§ 12 and 13. The number of credits to be paid for the download depends on the resolution and license type chosen in each case.
(3) Members shall receive an overview over the use of their credits up to date in their user account, in the section on expenses.
§ 12 Credit System
(1) Aboutpixel uses a credit system for processing compensation transactions for transferring the image files within the portal. Inside the portal, the credits constitute a currency required for downloading image files and purchasing the respective licenses in the scope selected from time to time.
(2) The credit system is divided into day credits, free credits and PayCredits. Day credits and free credits may only be used for downloading image files in the scope of the standard license pursuant to § 17. Purchasing an extended license in the sense of §§ 18 and 19 is only possible when using PayCredits. PayCredits may also be used for downloading image files in the scope of a standard license pursuant to § 17.
(3) Credits cannot be transferred to other members.
(4) Members are credited 6 credits every friday without charge, which are forfeited if not used until the end of that day.
(5) Additionally, members receive 5 free credits for each image uploaded to the portal and cleared by aboutpixel. Free credits can be used any time during the membership and are not forfeited.
(6) Members also have the possibility to load PayCredits onto their credit account by buying them for money through the portal's shop system ("ap:shop"). For this, aboutpixel offers different credit packages. The loading process is only a currency conversion where the real currency used is converted to PayCredits. PayCredits are credited to the credit account for usage when the payment process was properly completed and the amount to be paid was received by aboutpixel.
(7) For processing the payment procedure for loading the account (PayCredits), aboutpixel uses the certified online-payment system PayPal.
§ 13 Compensation for Download, Payments
(1) The licenser receives compensation for download from the licensee, pursuant to the respective credit type (day credits, free credits, PayCredits) and the number of credits the licensee used for the download.
(2) Aboutpixel charges an agency fee amounting to half of the credits used for the download to the licenser for providing the portal, which will be stated with the credit contingency the licenser receives from the licensee for downloading the image files. In the end, the licenser receives half of the credits paid for the respective download credited to his account. Half of the day credits used is credited to the licensee's account as free credits. When free credits or PayCredits are used, half of the credits of the type used is credited to the licenser.
(3) The credits are credited to the member's user account within the portal. The amount of credits can be viewed by the members in their user account, section "Income".
(4) The free credits and PayCredits credited to the licensers can then be used again for downloading image files and purchasing the respective licenses.
(5) Members can also have the share of PayCredits credited to them in connection with downloaded image files paid out to them. For payout, the conversion rate is 1.00 (one) Euro per 10 (ten) credits. The height of the share of PayCredits that can be paid out can be displayed by the members in their user account in the section "Payouts/Credits". For each payout transaction, the amount to be paid out must be at least 50.00 EUR, and the amounts must be divisible by five. The money is transferred either to a bank account or via the certified online-service PayPal.
(6) At payout, the amount paid out is credited to the members by aboutpixel, and they receive an invoice over the agency fee detracted since the last invoice. The agency fee invoice is also based on the conversion ratio of (one) EUR per 10 (ten) credits. The final price resulting from this conversion rate is a gross price incl. the respectively applicable statutory VAT. Independently from payout, members will also receive an invoice for the detracted agency fee for the invoice period since the last invoice on each 31 December.
(7) PayCredits credited to the members' accounts through the loading process (§ 12 para 6) cannot be paid out. If members want to use PayCredits for downloading image files, the PayCredits credited through the loading process will automatically be used first, and the PayCredits that can be paid out and were credited in connection with downloaded images only later.
(8) After the value date of the payout by aboutpixel, the respective amount of PayCredits is detracted from the members' user accounts in the ratio named in para 5. Completed payouts can be viewed by the members in section "Payouts/Credits“.
IV. Granting Usage Rights in Image Files
§ 14 Granting Usage Rights to Aboutpixel
(1) When uploading image files, members grant aboutpixel simple usage rights in these contents, not limited in space or time, in the scope required for operation and marketing of the portal, in particular
• For storing the contents on the aboutpixel server,
• For publishing the contents, making them publicly available (e.g. by displaying the image file on the portal) and the right to distribute, send, present and otherwise publicly display the contents. The granting of usage rights is not subject to any limitations regarding the media and transfer methods used. In particular, the use of media in the areas of print, film, TV or in the area of digital online, telecommunication and data services, as well as any and all transfer, access and storage forms, including those of the digital area, shall be permitted, encompassing both physical form, i.e., for example, paper, textiles, natural and artificial materials and compound materials, films, microfilms, data carriers for magnetic storage, optical storage (e.g. laserdisc, CD, DVD, Blue-Ray) or electronic storage (e.g. flash storage), as well as non-physical form, i.e. for example in the scope of internet services (e.g. WWW, email, IP-TV), mobile phone standards and wireless transfer methods (e.g. GPRS, UMTS, HSPA, WiMAX, LTE), including making the contents accessible or sending them through automated push services or request-based pull services,
• For copying the contents where this is required for provision, publication, making publicly accessible, transfer and other public display of the contents and
• For processing the contents.
(2) The members shall receive credit-based compensation as stipulated in § 12 para 5 for granting the usage rights in the uploaded image files named in para 1.
§ 15 Granting of Usage Rights to Licensees
(1) The usage rights in the image files transferred in the download process in scope of the respectively chosen scope are not granted to the licensees by aboutpixel, but directly by the licensers (§ 3 para 4). Aboutpixel does not grant the licensees any usage rights in the image files. The portal only works as an agent for passing on the image files and granting the respective usage rights.
(2) A member places an offer for granting usage rights in the respectively chosen scope in the image files uploaded by him and accepted by aboutpixel in the scope of the clearance procedure by confirmation via the button "CLEAR IMAGES", which is accepted by members by initiation of download of the image file by confirmation of the button "TO DOWNLOAD" or under "my:ap" "Download this Album" or "Download Selected Images".
(3) In the scope of the clearance process, the members can determine the range of the respective usage rights pursuant to the license models determined by aboutpixel according to the provisions of §§ 16 to 19 after uploading the respective image file and its acceptance by aboutpixel.
(4) You may only download and print image files if the portal offers the function of download or printing.
V. License Model, Standard License and Extended Licenses
§ 16 License Models
(1) Image transfer on aboutpixel is performed based on a two-level license model structure. A difference is made between a standard license pursuant to § 17 and extended licenses pursuant to § 18 and § 19.
(2) Clearance of an image file at aboutpixel is always connected with granting usage rights pursuant to the standard license (§ 17) for the prices determined according to the respective image resolution. The compensation intended for the respective resolution in the scope of the standard license can be taken from the price list. In the scope of the clearance procedures, the members also have the right to select if the licensees are to be granted extended licenses for the respective image file to be cleared, which include "usage without naming the source" pursuant to § 18 and "usage for direct sales" pursuant to § 19. In these cases, you may decide on the amount of PayCredits to be used by the members for purchasing the extended licenses.
(3) Members who want to download images and purchase the respective licenses may decide before downloading the respective image file which resolution the respective image is to have and whether they want to purchase an extended license pursuant to § 18 or § 19 in addition to the always offered standard license pursuant to § 17. The compensation intended for this is displayed for the members during the selection procedure. The respective credits to be used for the licenses are considered a total price. If a member decides to buy an extended license, the price indicated for this already includes a standard license at the highest resolution (XL / XXL).
§ 17 Standard License
(1) In the scope of a standard license, the licenser grants to the licensee simple usage rights not restricted in time or space in the respective image file the licensee has chosen for initiation of the download process, pursuant to the following provisions of para 2 to 8.
(2) The image file may be used for independent commercial and non-commercial media, online and print projects for which the respective image has a supporting, subsidiary or framing function concerning the graphical, editorial and journalistic presentation of the project products. In particular, these include integration of the image file into graphic design, collages, computer graphics, brochures, flyers, websites, templates or usage in connection with text-based print and online issues where the image is used for illustration, explanation of graphical design of the text.
(3) In this scope, the licensee shall have the right to reproduce the image, make it publicly available, distribute it, send it, present it and otherwise display it. The license is not subject to any limitations regarding the media used. In particular, the use of media in the areas of print, film, TV or in the area of digital online, telecommunication and data services, as well as any and all transfer, access and storage forms, including those of the digital area shall be permitted, encompassing both physical form, i.e., for example, paper, textiles, natural and artificial materials and compound materials, films, microfilms, data carriers for magnetic storage, optical storage (e.g. laserdisc, CD, DVD, Blue-Ray) or electronic storage (e.g. flash storage), as well as non-physical form, i.e. for example in the scope of internet services (e.g. WWW, email, IP-TV), mobile phone standards and wireless transfer methods (e.g. GPRS, UMTS, HSPA, WiMAX, LTE), including making the contents accessible or sending them through automated push services or request-based pull services.
(4) The licensees may also process the image file under observation of the originator's personality rights in the scope required for integrating it into the project products. This includes, for example, using a section of the image files or combining them with other images.
(5) The direct sale of the image files and their indirect sale or direct exploitation by combining the images with products where the images have a main function regarding the respective exploitation interest and the respective graphical, editorial and journalistic inclusion shall not be permitted. This includes, e.g. direct print and the respective direct exploitation and usage focused on the image on posters, postcards, e-cards, stickers, clothes, textiles (towels, pillows, …), reproductions (giclée, canvas prints,…), cups, desk pads, mouse pads and similar print products and image carriers.
(6) Usage of the image files in image databases, image catalogs and comparable image collections is not permitted.
(7) The image files must not be used in any insinuating, offensive, obscene, pornographic, insulting, libelous and/or criminal way and/or in any pornographic, violence-glorifying or racism context. If an image shows one or several recognizable persons, use in a religious and/or political context and in connection with selling pharmaceutical products is not permissible. Furthermore, the image files may not be used in any way where the persons that can be recognized on the respective images are given a different identity or where any opinion or attitude is assigned to them.
(8) The licensee is obliged to name the source in the picture credits. This is to include both aboutpixel and the licenser. The information must be given – in the way usual for the respective use – in the imprint or directly with the image (e. g. "Photo: aboutpixel.de – John Doe" or "Photo: John Doe / aboutpixel.de"). When using the image file in the scope of online offers, the source must be named and linked to the web portal of aboutpixel. Where the image file is used for physical project products, the source must be named in a place that is firmly and durably connected to the project product. Where the licenser has stated a clear name on his profile, the clear name must be named in any case. If the licenser has only indicated his user name on his profile, the licenser's user name must be named.
§ 18 License: "Usage without Naming the Source"
(1) The license "usage without naming the source" is one of the extended licenses in the scope of the aboutpixel license system and may only be granted to other members for PayCredits.
(2) The license "usage without naming the source" permits the licensees to use the image files pursuant to the standard license pursuant to § 16 except for the obligation to name the source pursuant to § 17 para 8.
§ 19 License: "Usage for Direct Sales"
(1) The license "usage for direct sales" is one of the extended licenses in the scope of the aboutpixel license system and may only be granted to other members for PayCredits.
(2) The license "usage for direct sales" permits the licensees to use the image files pursuant to the standard license pursuant to § 17, but with additional permission for the licensees to use the images for indirect sales or direct exploitation by connecting the images with products where the images have a main function regarding the respective exploitation interest and the respective graphical, editorial and journalistic integration. Exploitation of the image files for the types of exploitation named in § 17 para 5 is permissible according to this license. Apart from that, however, the limitations named in § 17 must be complied with. If combined with the extended license "usage without naming the source" pursuant to § 18, this does not apply for the limitation pursuant to § 17 para 8.
VI. Service Offer, Additional Contents
§ 20 Service Offer, Additional Contents and Availability of these Services
(1) On the portal, aboutpixel provides you with different services depending on portal area (§ 4). Such services may include the making available of files, entries, image and sound documents, information and other contents. Contents that can be retrieved from the portal by the portal visitors and members are hereinafter referred to as additional contents, except for the image files entered by members through the uploading process (§ 3 para 1) and intended for image transfer.
(2) Content and scope of the total services provided are determined by these Usage and License Conditions, and furthermore by the functions available at the portal from time to time.
(3) The services available through the portal may also include third party services to which aboutpixel only provides access. For using such services – which are indicated as being third party services – provisions deviating from these Usage and License Conditions or additional provisions may apply, and aboutpixel will always indicate this to you.
(4) There is only a claim to using the services available through the portal in the scope of the technical and operational possibilities of aboutpixel. Aboutpixel strives to provide interruption-free usability of its services. However, technical problems (such as power outage, hardware and software problems, technical problems with the data lines) may lead to temporary limitations or interruptions.
§ 21 Changes to Services
Aboutpixel shall at any time have the right to change the services provided on the portal free of charge, to make new services available free of or subject to charges and to stop providing services free of charge. Aboutpixel shall here take your reasonable interest into consideration from time to time.
§ 22 Protection of Contents, Responsibility for Third Party Contents
(1) The contents available through the portal are mostly protected by copyright or other proprietary rights and are the respective property of aboutpixel, other members or other third parties that have made their respective contents available. You may use these contents only according to these Usage and License Conditions and in the scope determined in the portal.
(2) The additional contents available through the portal partially originated with aboutpixel and partially with other members or other third parties. Additional contents provided by members and other third parties are hereinafter referred to jointly as "third-party contents". In case of third-party contents, aboutpixel does not verify completeness, correctness and legality and therefore takes no responsibility or warranty for completeness, correctness, legality and up-to-datedness of the third-party contents. This shall also apply regarding the quality of third-party contents and their suitability for a special purpose, and also where these are third-party contents on linked-to external websites.
§ 23 Creating User Profiles / Using Member Information
(1) On the portal, members have the possibility of creating their own user profiles. Where available as a function of the portal, members may individually design their user profiles according to their taste in the scope of these Usage and License Conditions. In particular the limitations of § 26 must be observed for this.
(2) Usually, aboutpixel does not verify the identity of the profile owners and the information in the profiles. Therefore, aboutpixel does not provide any warranty that each profile owner is in fact the person for the respective profile owner claims to be.
(3) Please observe that the following data will be displayed for portal visitors and members on your member profile: (user name*, company, organization, association, first name*, last name*, street, house number, ZIP code, place of residence, country, profession, languages, birth date, gender, phone, fax, skype name, ICQ number, web sites, camera, objectives, hardware, software). By entering this information into the respective entry boxes and confirming them, you consent to this information being used in this way. *mandatory fields
§ 24 Additional Contents Entered by Members
(1) Where available as a function of the portal, members may, under consideration of the following provisions, enter additional contents on the portal (e.g. image and blog comments, entries in the forum) and thus make them available for third parties.
(2) When entering additional contents, the members grant aboutpixel free-of-charge usage rights in the respective additional contents, in particular
• For storing the additional contents on the aboutpixel server and publishing them, in particular for making them publicly available (e.g. by displaying the contents on the portal),
• For processing and copying where this is required for provision and publication of the respective additional contents, and
• For granting usage rights in these additional contents to third parties according to § 25.
Where the members take the additional contents they entered down from the portal, the previously granted usage and exploitation rights shall expire. However, we shall retain the right to retain any copies made for backup and/or documentation purposes. The usage rights in the additional contents entered and later removed that were already granted to the portal visitors and other members shall also not be affected.
(3) Members are fully responsible for the additional contents entered by them. Aboutpixel does not verify the contents in regard of completeness, correctness, legality, up-to-datedness, quality and suitability for a certain purpose.
When entering the additional contents, the members automatically declare and warrant to aboutpixel that they are the sole owner of any and all rights in the additional contents entered by them through the portal or that they are otherwise authorized (e.g. by effective permission of the holder of the rights) to enter the additional contents on the portal and to grant the usage and exploitation rights pursuant to the previous paragraph (2).
(4) Aboutpixel reserves the right to reject the provision of additional contents and/or to lock or remove already entered additional contents (including private messages and comments) without previous notification where these additional contents were these additional contents being entered by the members or the additional contents entered themselves have led to a violation against § 26 or where there is any concrete indication that there will be a serious violation of § 26. However, aboutpixel shall here consider the reasonable interest of the members and use the mildest means for preventing the violation of § 26.
§ 25 Usage Right in the Additional Contents Available through the Portal
(1) Where further usage is not expressly permitted in these Usage and License Conditions or on the portal or made possible by the respective function of the portal,
• You may only retrieve and display the additional contents available through the portal online. This usage right is limited to the duration of your contractual participation in the portal;
• You are not permitted to wholly or partially process, change, translate, display or present, publish, exhibit, copy or distribute the additional contents available through the portal. You are also not permitted to remove or change any copyright notices, logos or other labels or protection notes.
(2) You may only download any additional contents and print additional contents where the possibility for download or printing is available as a function of the portal (e.g. via a button). You will receive a non-exclusive usage right not limited in time for the additional contents properly downloaded or printed by you for using them for your own and non-commercial purposes.
(3) Your mandatory statutory rights shall not be prejudiced.
§ 26 Forbidden Activities
(1) The services available through the portal are, in particular concerning image transfer, also intended for commercial use by the members. Any commercial use of the services going beyond the intended use of the portal, however, is not permitted. Impermissible commercial use shall in particular include
• Any and all offers of and advertisements for any contents, services and/or products subject to charges that go beyond the upload process, including both your own and those of any third parties,
• Any and all offers of, advertisements for and performance of activities with a commercial background, such as contests, lotteries, trades, ads or snow-ball systems, and
• Any and all electronic or other collection of identity and/or contact information (including email addresses) of members (e.g. for sending unsolicited emails).
(2) You are not permitted to perform any activity on or in connection with the portal that violates applicable law, third party rights or the principles of legal protection of children and young persons. In particular, the following activities are prohibited:
• Entering, distributing, offering and advertising any additional contents, services and/or products that are pornographic, violate the laws on the legal protection of children and young persons, data privacy laws and/or any other law and/or of a fraudulent nature;
• Using any additional contents that will insult or defame any other members or third parties;
• Using, providing and distributing any additional contents, services and/or products that are protected by law or burdened with any third party rights (e.g. copyright) without having express authorization for this.
(3) Furthermore, the following activities are prohibited independently from any possible violation of laws when entering one's own additional contents on the portal and in communication with other members (e.g. by sending private messages, participation in discussion boards or writing comments):
• Distribution of viruses, Trojans and any other harmful files;
• Distribution of junk or spam mails and chain letters;
• Distribution of any insinuating, offensive, sexual, obscene or defaming additional contents or communication and any additional contents or communication suitable for promoting or supporting racism, fanatism, hate, physical violence or crime (each explicitly and implicitly);
• Harassment of other members, e.g. by repeated private messaging without or contrary to the other member's reaction and promoting or supporting such harassment;
• Asking other members to disclose their passwords or personal information for any commercial or illegal or criminal purposes;
• Distribution and/or public display of additional contents available through the portal where this is not expressly permitted by the respective originator or expressly provided as a function of the portal.
(4) Also, any action suitable for impairing the smooth function of the portal, in particular for overloading the service provider systems, is not permitted.
(5) If you receive knowledge of any usage of the portal that is illegal, abusive, contrary to the contract or otherwise unpermitted, please inform Andreas Dittberner, aboutpixel.de, Warschauer Str. 59A, 10243 Berlin or send an email to firstname.lastname@example.org. Aboutpixel will then verify the procedure and, if required, initiate appropriate steps.
(6) Where there is any suspicion of illegal or punishable acts, aboutpixel shall have the right and possibly also the obligation to verify your activities and possibly initiate legal steps. This may include passing the facts on to the prosecution.
§ 27 Blocking Access
(1) Aboutpixel may block the access of members to the members-only area of the portal temporarily or permanently if the members are violating or have violated these Usage and License Conditions and/or applicable law or if aboutpixel has another reasonable interest in blocking them. When deciding about blocking them, aboutpixel shall appropriately consider the reasonable interest of the members.
(2) In case of temporary or permanent blocking, aboutpixel blocks the access permission of the respective member and informs the member of this by email. The member blocked will have a temporary chance to make a statement directly before or after it is blocked. Aboutpixel will inform the member on the details concerning the statement and period for the statement in a separate email. The statement shall require written form and is to be sent to Andreas Dittberner, aboutpixel.de, Warschauer Str. 59A, 10243 Berlin or by email to email@example.com.
(3) Where a member is blocked temporarily, aboutpixel shall, after the end of the blocked period, reactivate the access permission and inform the blocked member by email. A permanently blocked access permission cannot be recovered. Permanently blocked persons are excluded from participating in the portal as a member permanently and must not sign up for the portal again.
VII. Data Privacy
§ 28 Data Privacy
Aboutpixel takes protection of your data very seriously. Therefore, data privacy and data protection have high priorities. For further information on this, see the Data privacy statement of aboutpixel.
VIII. Limitations of Liability
§ 29 Limitation of Liability for Free-of-Charge Services
If you incur any damage from the usage of the services provided for usage free of charge through the portal (including retrieval of any free-of-charge contents), aboutpixel shall only be liable where the damage was incurred due to the contractual usage of the free-of-charge contents and/or services and only in case of willful intent (including malice) and gross negligence on the part of aboutpixel.
§ 30 Limitation of Liability for Services Subject to Charge
In the scope of usage of services by you that are subject to charges (including the retrieval of contents subject to charges), aboutpixel shall be liable pursuant to the following provisions.
(1) Aboutpixel shall be liable without limitation for any damage caused by aboutpixel or its legal representative, managers or simple auxiliary persons by willful intent or gross negligence.
(2) In cases of simply negligent violation of unessential contractual duties, aboutpixel shall not be liable. Apart from this, the aboutpixel's liability for damage caused by simple negligence shall be limited to such damage which must usually be expected to occur in the scope of the respective contractual relationship (damage typical and predictable for the contract). This shall also apply for simply negligent violations of duties by the legal representative, managers or simple auxiliary persons of aboutpixel.
(3) The preceding limitations of liability shall not apply in case of malice, physical or personal injury, violation of guarantees or any claims from product liability. Statutory provisions regarding burden of proof shall not be affected.
IX. Other Provisions
§ 31 Requirement of Written Form
Where nothing else is stated expressly in these Usage and License Conditions, any and all declarations made in connection with closing, amending or changing any contracts between aboutpixel and the portal visitors and/or members or made in connection with participation in the portal must be made in written form or by email.
Aboutpixel's email address is firstname.lastname@example.org. Aboutpixel's mail address is Andreas Dittberner, aboutpixel.de, Warschauer Str. 59A, 10243 Berlin. Changes of the contact information are reserved. Aboutpixel shall inform you in case of such change.
§ 32 Severability
Where one provision of these Usage and License Conditions is or becomes invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be deemed replaced by such valid provision that comes as close as possible to the economic purpose intended by the parties.
§ 33 Applicable Law
These Usage and License Conditions are subject to the law of the Federal Republic of Germany, under exclusion of the Convention of Contracts for the International Sales of Goods (CISG).
§ 34 Jurisdiction
In transactions with businessmen, legal entities under public law and public institutions, the sole jurisdiction for all disputes arising from these Usage and License Conditions shall be the registered seat of aboutpixel.