General Terms and Conditions
General terms and conditions for the use of www.license-to-shoot.de and www.license-to-shoot.com
As of: September 2008
GTC
1. Coverage
1.1 The following general terms and conditions (referred as “GTC”) regulate among others those conditions offered by MINOX GmbH listed under www.license-to-shoot.de and www.license-to-shoot.com (referred as “LTS”) and may be utilized by the users.
1.2 Upon enrollment with LTS you formally agree with these GTC. MINOX GmbH expressly reserves the rights for the future to modify or adjust the GTC at any time. Users will be informed accordingly. Users agree to such modifications through enrollment or log-in.
2. Services of MINOX / Content of www.license-to-shoot.de and www.license-to-shoot.com
2.1 LTS users may display a personal profile page, upload and review pictures, as well as post a comment to each picture. Among others MINOX GmbH provides to the user a profile page („profile page“) and memory for uploaded pictures. Both, profile page and memory are subject to volume restrictions. These restrictions are established at the discretion of MINOX GmbH and may be adjusted at any time. Users are instructed through the appropriate MINOX GmbH site within who-knows-who.
2.2 LTS respects the brain property of a third party, integrity of identity, as well as protection of privacy and requires the same from the users, particularly in reference to data listed within the profile page with its appointed tasks and pictures and communication between users.
2.3 LTS intents to provide a picture platform to its users, however, not to function as a forum for unlawful and extreme contents and comments. Therefore, the following contents/subjects/groups (see below „contents“) are impermissible, in particular but not exclusively:
• unlawful / criminal contents regardless of the subject
• pornographic contents
• contents with reference to violent demonstrations, drug abuse
• radical political or religious opinions
• immoral contents
Details to violations, liability and responsibility are regulated under point 4.
3. Enrollment
3.1 In order to access specific functions of LTS, one’s must first be registered with LTS.
3.2 The user is committed to fill out all required fields within the enrollment form truthfully and accurately. A successful enrollment is only possible upon completion of all required fields.
3.3 Authorized users are only those, who are business-competent or who comply with approval of their legal representative. However, the user’s minimum age is in any case 14 years.
3.4 Users are committed to keep their password confidential and not pass it on to a third party. Should a user be aware of a third party who gained knowledge of his/her password and has or is currently using it, the user is obligated to change the password promptly or inform MINOX GmbH immediately.
3.5 MINOX GmbH reserves the right to request adequate documentation from the user about proof of identity, age and/or accuracy of the listed information. In the event that these documents are not provided or are insufficient, MINOX GmbH will erase the respective profile. However, MINOX GmbH cannot guarantee accuracy of the user’s information (nor the accuracy of the real name and other information) and is not liable whatsoever.
4. Data storage, liability and prohibited contents
4.1 MINOX GmbH provides the users of LTS with a limited storage space for the
profile page and pictures.
4.2 Users are solely responsible for their entered contents. Therefore the user ensures that all entered contents are either free-of-rights or may have access to the beneficiary’s legal requirements (particularly copyrights, rights of use, trademarks, rights of name and label rights). The user ensures furthermore, that the contents entered into LTS in particular those to the profile page, do not violate legal regulations or high morals. Contents may not include in particular threatening, abusive, racist, exalting violent, defamatory, molesting, offensive, and pornographic language, or be not endangering to the youth in any way.
4.3 The users are also prohibited to add and follow any contents on LTS, related to commercial interests (spams in particular), such as radical political or spread and solicit radical multi-cultural views (particularly using symbols or signs of these views) or otherwise have a radical political or radical multi-cultural goal, or to refer to such contents.
4.4 The user furthermore commits to:
• set no threatening, insulting or defaming contents
• not conduct or encourage anticompetitive acts
• not use LTS for other molesting acts towards other users or employees of LTS
• not attempt gaining of unauthorized access, or to obtain information of third parties, or to impact the system function through technical equipment.
4.5 It’s the user’s responsibility to ensure that contents of entered information on LTS and the profile page are free of viruses, worms, trojans, or other programs which could jeopardize the operability, or influence the existence of who-knows-who and the users’ websites.
4.6 MINOX GmbH is entitled to deny, lock or remove placement, as wells as delete and block entered information on the user’s profile page. This particularly applies to contents on the profile pages and picture galleries violating any of the terms and conditions listed in this GTC. The user has no content placement claims against MINOX GmbH, abolishment of a blockade or the reinstatement of the already removed contents. Regardless of its entitlement, MINOX GmbH remains the authorized party to block or remove such contents, to exclude the user in the future from utilizing those services made available through LTS, and/or to assert any claims made against LTS, particularly claims for indemnity.
5. License duration
5.1 The user’s membership may be ended at any time with a notice of removal.
5.2 MINOX GmbH is entitled to terminate eligibility of the services offered to the user, if
1. the user is in breach of the listed GTC responsibilities or
2. other within MINOX GmbH qualifying interests, which justify an exemption of the user / termination of services.
5.3 At every termination of a user’s authorization, MINOX GmbH is entitled to delete all data entered by the user. The user is not eligible to publication or other display of entered data.
5.4 Regardless of the proceeding, MINOX GmbH is entitled at any time to cease the above offered services or parts of them, without prior notice to LTS. The user’s authorization license automatically ends within the same coverage.
6. Concession of rights
6.1 The user allows MINOX GmbH to utilize the entered data for on-demand services available under LTS and grants the herein necessary data rights to MINOX GmbH free of charge. This user’s authorization includes in particular the right to display contents through LTS or, if applicable, make it also accessible to other media.
6.2 Furthermore, MINOX GmbH is entitled to change and/or perform publicity of any kind, maybe even customized, in the field of public accessible data and other promotional actions.
6.3 The user allows MINOX GmbH also to handle the entered data, to adjust in particular the necessary user’s formatting requirements, or to improve the demonstration quality.
6.4 Those rights granted by the user to MINOX GmbH expire with termination of the membership or through removal of data from LTS offer.
6.5 The user guarantees in the presence of MINOX GmbH to be the owner of all essential rights of the entered data, no rights are given to third parties, regardless of the subject, as well as to not break any legal regulations. The user releases those listed below, who make demands in the first place:
• MINOX GmbH
• Its associated corporations
• Its agents, employees, associates and assistants of MINOX GmbH or those companies associated with MINOX GmbH
7. Availability of services
7.1 The user is aware that MINOX GmbH itself assumes no responsibility or warranty in reference to the availability of the offered services within the GTC.
MINOX GmbH expressly reserves the right to entirely or partly terminate LTS or the services offered by LTS even without prior notice or to limit its availability.
7.2 taking this history in consideration, MINOX GmbH assumes no responsibility that the offered services may be utilized by the users at any time and/or free of interruptions.
8. Liability
8.1 MINOX GmbH is only liable for damages due to intentionally or raw negligent breach of contract, as well as for damages resulting from slight negligent violations of basic contractual obligations. In reference to the last case, liability from MINOX GmbH is limited to the typical predictable damages listed on the conclusion of contract. Liability from MINOX GmbH remains untouched for damages to lives, bodies, health and the according Product Liability Act. The aforesaid limitations of liability apply also to breaches of duty through the legal representative or assistant of MINOX GmbH.
8.2 Damage claims against MINOX GmbH are subject to limitation and are time-barred after 12 months from its origination date. Such claims are exempt and rest upon intentional or unauthorized acts, as well as liabilities based on product liability act matters.
8.3 The aforesaid limitations of liability also apply to those companies associated to MINOX GmbH, as well as for the individual liability of employees, agents, associates and assistants of MINOX GmbH and/or those companies associated directly with MINOX GmbH.
9. Preface
9.1 In reference to those GTC and the entire privities of contract between MINOX GmbH and the users, justice of the Federal Republic of Germany applies under consideration of the International Committee of Sales of Goods. Place of fulfillment is where MINOX GmbH resides. As far as agreed, the court of jurisdiction is, if permissible, where MINOX GmbH resides.
9.2 The possible invalidity of the individual regulation of this GTC will not effect the validity of the remaining regulations. Ineffective or voided regulations are to be replaced with such closest to the economical needs of the content and purpose; for possible regulatory loopholes of these GTC the same applies accordingly.
10. Data privacy protection
Our Data Privacy Declaration applies within the available offer through LTS, which you hereby acknowledge.
Should you have any questions, concerns, reviews or suggestions, please contact us at:
MINOX GmbH
Walter-Zapp-Str. 4
35578 Wetzlar Germany
Tel. +49 (0) 64 41 / 91 70
Fax +49 (0) 64 41 / 91 76 12
E-Mail: info@minox.com