General terms and conditions
The Fotinity UG (following called fotinity) operates and maintains an internet presence under URL www.fotinity.com. Fotinity gives the possibility to designers, fotographers, models and other third persons (following called users) on the presence to show their works, photographs etc. (following called plants) and get ratings. The aim is to be a promotion of the cultural and artistic networking between the different stakeholders. A commercial use preferably should be avoided.
The Users of www.fotinity.com gets the opportunity to provide their own plants and pictures online. This pictures should exclusively used at this internet presence. For this, it is indispensable that the user irrevocably the rights to receive the fotinity.
The users acknowledge by getting registered the following terms as binding for the relationship to fotinity.
User can only be who has completed 18 years of age. The user has with registration announce his name, his address, his country of origin and his e-mail-account. The user undertakes not to submit any false identity and to keep his data up to date (ergänzt Punkt 10). The user agrees with storage his datas, processeces they and given if to third with fotinity connected companies.
The user is bounded not to offend, defame or otherwise annoy or cause damage to other members (ersetzt durch Punkt 5). Specially this applies in content with rating others plants. Violations could be prosecuted.
The contractual relationship can be terminated on both sides for month end. Termination shall be effected in writing or by email or by fax. The right for extraordinary termination remains unaffected.
Fotinity is entitled to terminate the contractual relationship extraordinary for good reasons without respecting the termination period a. Gross and significant violation against terms and conditions, represent by the user himself b. responsible wrong information of the person of the user
The user declares his approval to make his plants accessible to a greater number of internet users. He knows about the publication of his plants by fotinity to get ratings by thirds. To achieve this purpose, the parties therefore agree as follows:
The user is entitled to use the fotinity passed stations under exclusion of the right third. The user transmits with delivery BEZW. Provision of plants a simple, spatially and temporally unlimited right of use with a minimum term of 5 years (§ 41 Abs. 4 UrhG) on fotinity. This includes in particular the right, to make edits or other modifications, as well as the plants in the original or in any modification (shape, size, color, etc.) to duplicate, publish, spread to show off and on the Internet and in other networks to keep ready for retrieval there. As part of the business model of fotinity fotinity also receives the right to Wekre the artist on textiles odern to print other carriers and then to distribute it worldwide.
The foregoing grant of rights is only so far, as it is the user is not allowed to offer his work fotinity property delivered / handed out works other commercial competitors or otherwise determine available. He secures with delivery of the work / works to particular that the use rights have not been previously given to these plants to third parties -especially at competitors-.The user shall indemnify fotinity all claims of third parties that these may assert against fotinity for infringement of their rights, based on the content the user transmitted (übernommen Punkt 8). The right to use the handed plant / the plants for purposes of self-promotion of the users remains unaffected by the above clause.
Does the user, so extends the transferring right of use over the period of valid until expiry of the statutory time limit protection. The user transfers the aforementioned rights to claim compensation irrevocably and without purpose. The user agrees that the information made available by him can be published, shared and evaluated in print media or online by fotinity. Likewise, the user agrees that the questions it available works by third parties that are not even users in fotinity are part of a preview can be viewed. fotinity makes reasonable technical convey that unauthorized third a duplication of works submitted for disposal, especially for commercial purposes, can not make. fotinity seeks beyond that, the plants of the user by applying a protecting labels so that even users who are reports walls at fotintiy can not make any legal injury.
The user is obliged to hand over only those plants, through which he can have unrestricted access. Sample persons or owners of public spaces can not prohibit the use of their images under applicable law. The user is therefore first obtain the consent in such designs above people and hand over these together with the work / works. The user is assured that the factory handed out / handed Wekre neither the copyright, trademark or patent rights or other rights of third parties.
Fotinity provides compensation for damage or compensation for futile expenses, irrespective of the legal grounds, to the following extent:
The liability for intent or warranty is unlimited
Damage in case of gross negligence fotinity liable in the amount of the typical and foreseeable at the conclusion of contract
Negligent breach of a duty so far-reaching that the achievement of the contractual purpose is endangered, shall be liable fotinity in height to the damage typically foreseeable events at contract conclusion made damage, with a maximum of € 2,000 per damage case and 10000 € for all of the users total.
- Fotinity remains the defense of contributory negligence liberty. the user has in particular the obligation to backup. For injury to life, body and health and claims from product liability law (Produkthaftungsgesetz) the gesetlichen rules apply.
Fotinity refers first to the general data rules.
All the necessary billing information and personal data of the users allowed to the extent permitted by fotinity be stored in electronic form and processed automatically in the framework. These data can be evaluated for internal marketing purposes, but they are treated as strictly confidential and possibly to further woks with fotinity affiliated third. The name of the user allowed to advertising purposes and published reference awaken. fotinity undertakes to delete after the end of the contract, all personal data, unless a legal obligation or the user demands this.
Adjustment of Terms
Fotinity is entitled to change these general terms and conditions and the content rules. Furthermore fotinity right to change these Terms and Conditions to replace a declared by the courts to be invalid clause, by its cessation a loophole has emerged, as well as a significant change in market conditions in terms of technical and imputed.
Changes in general business conditions are permissible only insofar as this contract structure is not fundamentally altered, and in particular the equivalence ratio of performance and reward is not moved to the detriment of customers.
Changes to these Terms will be notified to the customer by e-mail at least 4 weeks change before the change.
Amended policies shall be deemed approved and effective date for an existing contractual relationship as binding if the customer does not object in writing within 2 weeks of contradictions. fotinity is the customer objection periods and to the point on the right following a failure to timely lodge objections.
This contract is subject to German law. Jurisdiction is paderborn, insofar as both parties are merchants. However fotinity is entitled to sue the artist at the court of jurisdiction.
Should individual provisions of this contract be invalid or unenforceable after conclusion of contract invalid or unenforceable, such invalidity, the effectiveness of the contract shall not otherwise be affected. Instead of the invalid or unenforceable specifications are those effective and feasible regulations occur, the effects of the host union chat goal setting as close as possible who have followed the contracting parties with the invalid / unenforceable specifications. This applies to the case that the contract should prove to be incomplete.