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1.1 The provider and operator of the online service (hereinafter referred to as "the Service," the "platform" or "PHOTOCASE") and thus the contractual partner of the Users of the Service (hereinafter referred to as "User") is Photocase Addicts GmbH, Gormannstraße 14, 10119 Berlin, Germany (hereinafter referred to as "PHOTOCASE").
3.1 Apart from the exception to which reference is made in Item 5.3, registering on PHOTOCASE requires the User to open an account. When registering the User is bound to provide complete and truthful information. If subsequent to registration any of the data collected changes, then the User must update the particulars in his/her user account without delay.
3.2 On registering, the User chooses a username and a password (referred to hereinafter as "Access Data"). Usernames are not permitted if their use constitutes an infringement of third-party rights, in particular the right to use a name or mark, or which otherwise break the law or are contrary to public policy. The User must keep his/her Access Data secret and protect it from unauthorised third-party access. If the User mislays his/her Access Data, or if he/she discovers or suspects that his/her Access Data is being used by a third party, then he/she must immediately notify PHOTOCASE to this effect.
3.3 After sending off the registration form, the User receives an email from PHOTOCASE containing a confirmation link and an activation code, and again listing the User’s main particulars. If the User clicks on the confirmation link, this constitutes an offer to conclude a license agreement with PHOTOCASE. PHOTOCASE accepts the offer by activating the User’s account. However, PHOTOCASE reserves the right at all times to reject the User’s registration without stating the reasons.
3.4 Using PHOTOCASE is not permitted for minors and individuals who have no or only limited legal capacity.
4.1 PHOTOCASE offers downloaders an online database of stock photographs with high visual and technical standards that can be downloaded and licensed, or that can be acquired in print format (see here for the license terms).
4.2 On PHOTOCASE, photographers can present their photographs and earn money by licensing them. To this end, the photographer grants PHOTOCASE on the basis of the Photographer license Agreement those rights of use that PHOTOCASE needs for issuing licenses to downloaders. PHOTOCASE subsequently gives each photographer a share in the revenues generated with his/her photographs.
5.1 For downloading photographs, the User needs download credits that can be bought on the platform. For this purpose, PHOTOCASE provides a page on the Internet (Download Credit Shop) where Users can buy download packages on various terms. All the prices quoted in the Download Credit Shop are final prices including any statutory turnover tax payable.
5.2 Any subscription for download credits that is bought in the Download Credit Shop has a minimum term of 3 months, after which it is renewed automatically for one month at a time. The subscription fee is settled on a monthly basis. After the minimum term, the subscription can be terminated at any time by giving written notice before the end of the month.
5.3 In addition to acquiring download credits, Users can also directly license individual photographs. In this case, a license is acquired by making immediate payment in the applicable currency instead of by way of download credits. In derogation from Item 3, the User’s prior registration is not required for acquiring individual licenses.
5.4 Even if PHOTOCASE offers various modes of payment (for instance: credit card, direct debit, micro-payment e.g. via PayPal), it shall not thus be bound in any respect. Moreover, PHOTOCASE reserves the right not to offer all Users all the modes of payment that are basically provided. The standard terms and conditions of the respective payment service provider apply to the actual payment transaction and to ownership of the receivables.
5.5 Users purchasing download credit packages or download subscriptions shall be issued with a proper invoice by PHOTOCASE, indicating any statutory turnover tax incurred.
Each User bears sole responsibility for all the content (see. Item 6) that he/she posts on PHOTOCASE. The User undertakes vis-à-vis PHOTOCASE not to place any illicit content on PHOTOCASE (such as the content in a user profile, contributions intended for the forum and comments on photos), and in particular no content which:
PHOTOCASE reserves the right to erase content if and as the case arises.
If any claims are brought against PHOTOCASE by third parties as a result of a culpable breach of duty by the User under Item 6 above, the User shall fully release and discharge PHOTOCASE on first demand from all and any liability and costs, including any procedural costs and any damages having to be paid. PHOTOCASE shall immediately notify the User about any claims filed, and insofar as is required and/or possible by law, it shall give the User an opportunity to ward off the claim being asserted.
PHOTOCASE shall be liable in accordance with statutory regulations, with the following limitations: if a registered User sustains any damage due to loss of data, then PHOTOCASE shall not be held liable insofar as the damage would have been avoided if the User had stored all the relevant data in its entirety at regular intervals. Provided any damage occurring does not involve mortal injury, physical harm or health damage or any guarantee that has been specifically assumed, and as long as only slight negligence applies, PHOTOCASE’s liability for any damage which is unforeseeable or atypical for the type of contract is excluded.
9.3 In the event of his/her user account being deactivated or of PHOTOCASE giving notice for important cause, the User concerned shall be prohibited from re-registering and opening a new user account with PHOTOCASE, until such time as PHOTOCASE gives express prior approval.
9.4 PHOTOCASE shall delete the registered User’s account when notice of termination takes effect.
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