1. General Terms and Validity
1.1 Fotografolio.com is a service of 4Folio GmbH, Cranachstrasse 63, 22607 Hamburg, Germany. These general terms and conditions are valid for all business relationships between 4Folio GmbH and its customers.
1.2 The use of the Web site “fotografolio.com” is oriented around commercial photography. Fotografolio.com allows photographers to write and publish classified advertisements on the Internet platform “Fotografolio.com.” Users have access to their individual accounts via a user name and password.
1.3 Fotografolio.com is authorized to change the scope of its services and the conditions of use or to cease providing the service following prior notice. In these cases, users have the right to terminate the agreement with 4Folio GmbH in writing up to 14 days after the change takes place.
2. Offer and Conclusion of Contract
2.1 The services offered by Fotografolio.com will be continually maintained and further developed.
2.2 The services of Fotografolio.com are subject to change insofar as the documents, pictures and performance figures accompanying the services are not designated as binding. Declarations of acceptance require confirmation from 4Folio GmbH in order to be effective.
2.3 By sending in the application, the user authorizes Fotografolio.com to generate an individual account for commercial use within the scope of the general terms and conditions of Fotografolio.com. The fees are based on the current price list.
3. Registration and User Profile
3.1 Each user receives an account at Fotografolio.com. Sharing an individual account or allowing it to be used by third parties is not permitted.
3.2 Registration by the user is a prerequisite for using Fotografolio.com. The user declares their consent to the computer-supported storage of the information in the customer profile upon registering. The user will receive an individual account with storage space on a Fotografolio.com server for commercial use after registration.
3.3 The user is obligated to provide the information requested by Fotografolio.com during registration in a complete and accurate form, and this information is to be updated in the event of changes.
3.4 Over the course of registration, the user must define a clear combination of user name and password (“access information”) and provide an e-mail address. The user consents to the transmission of their access information via e-mail for confirmation after registering.
3.5 The user must keep the access information confidential and must regularly change the password. The provision of this information to third parties is not permitted. 3.6 Fotografolio.com is authorized to delete inactive accounts that have not been used for a period of longer than one year after being notified once in advance.
4. Storage Space, Copyright, and Illegal Content
4.1 All user data is stored on a server operated by Fotografolio.com or one of its stated service providers.
4.2 All functions and restrictions implemented by Fotografolio.com may not be circumvented or interfered with. A violation of this regulation may result in the deletion of the corresponding user account without notice or in legal action initiated by Fotografolio.com.
4.3 No user may violate legal prohibitions, common decency, or the rights of third parties, especially personality rights, name rights, trademarks, or copyrights over the course of their use of the Internet platform Fotografolio.com. The customer is personally responsible for compliance with the above conditions. Fotografolio.com will not tolerate any violation of applicable law or any form of abuse and/or the distribution of illegal content and will act to stop such activities upon becoming aware of them. Fotografolio.com is not obligated and not able to comprehensively investigate the legality of all content stored by the users, but it reserves the right to investigation and deletion, if necessary, in all cases.
5. Costs and Modes of Payment
5.1 The activation of premium account requires payment of a fee as listed in the current price list.
5.2 The use of the Internet platform Fotografolio.com itself is free of charge. Excluded from this are the usual costs for the Internet connection, over which Fotografolio.com has no control.
6. End and/or Termination of Use
6.1 The contractual relationship exists for an unspecified period of time. The usage of Fotografolio.com can otherwise be ended by the user without having to provide a reason with a notification period of three months to the end of a calendar month. A brief letter with the address and customer number sent to 4Folio GmbH, Cranachstrasse 63, 22607 Hamburg, Germany, shall suffice for the purposes of providing notice.
6.2 The right to extraordinary termination remains unaffected. A reason for an extraordinary termination by Fotografolio.com and the exclusion of the user exists if the user has violated or circumvented the regulations in sections 3 and 4, if the user has rendered services using false information in the customer profile, or if a user’s access data has been used by a third party without permission.
6.3 Without prejudice to Section 6.2, Fotografolio.com can temporarily block users and prevent them from placing further orders for as long as the user in question is violating the provisions of the general terms and conditions, for as long as the customer cannot be reached at the address provided, or for as long as certain facts support provide suspicion of abuse of the services provided by Fotografolio.com, especially those regarding copyright violations.
7. Guarantee
Due to technical reasons, Fotografolio.com cannot provide any guarantees regarding availability via e-mail or accessibility of the URL (http://www.fotografolio.com or its other URLs). Fotografolio.com also does not provide any guarantee for the correctness and completeness of the data transmitted via the Internet. The users use the Internet at their own risk and in doing so are subject to the applicable national or international laws and regulations. Other separate guarantee obligations or agreements made by Fotografolio.com are not affected by this. Delays of service due to force majeure or due to events for which Fotografolio.com is not responsible and that make provision of the service difficult or impossible for longer periods (in particular, these include strikes, lockouts, official orders, etc., also if these are encountered by a subcontractor) are not the responsibility of Fotografolio.com. These events authorize Fotografolio.com to delay the provision of services for the duration of the problem in addition to a reasonable lead time.
8. Limitation of Liability
8.1 Fotografolio.com is liable for damages caused deliberately or as the result of gross negligence by it, its bodies, its management, or its employees. If these concern the violation of contractual obligations whose fulfillment is necessary for the achievement of the purpose of the contract, the lack of assured features, or personal damages as the result of unauthorized actions, Fotografolio.com is liable in every case it is at fault.
8.2 In the event of willful intent or gross negligence, Fotografolio.com is liable without limitation in accordance with the legal regulations. In the event of simple negligence, liability will be excluded insofar as an essential contractual obligation was not violated; there was no danger to life, health, or physical safety; or a delay or the impossibility of performance exists. In the event of simple negligence, insofar as an essential contractual obligation was violated or, in the event of a delay, of impossibility of performance, the liability for damages that do not arise from injury to life, health, or physical safety are limited to damages typical for the contract and that such damages were foreseeable. The right to prove a greater damage remains reserved for the users. Fotografolio.com is not liable for indirect and consequential damages or lost profits. Claims in accordance with the German Product Liability Act as well as those resulting from the producer’s liability are not affected.
8.3 The user must exempt Fotografolio.com and all of the companies associated with it from losses, damages, and claims of third parties that have arisen from contractual violations with Fotografolio.com or with one of its associated companies or have arisen, in particular, due to disputes regarding legally mandated data protection, copyright, or other legal disputes in association with the use of Fotografolio.com.
9. Applicable Law and Partial Invalidity
9.1 The procedural and substantive law of the Federal Republic of Germany applies to these usage conditions and the overall legal relationship between Fotografolio.com and the user, with the exception of German international private law. The place of jurisdiction for disputes arising from the contractual relationship with Fotografolio.com is Hamburg, Germany.
9.2 Should a condition within these general terms and conditions or a condition within the framework of other agreements be or become unenforceable, the enforceability of all other conditions or agreements will not be affected by this.
Explanation of Data Protection
The following sections explain our data protection regulations for your visit to our Internet site.
1. Compiling, Processing, and Using Personal Information
Personal data is collected by us only to the extent that the user provides it with knowledge of the disclosure of the data. We expressly state that a gapless protection of data from being accessed by third parties cannot be guaranteed when data is transferred using the Internet. Liability on our part for damages arising from these kinds of security gaps or injunctions are prohibited.
2. Forwarding of Information
Forwarding of Information to Third Parties Personal data is only collected by us to the extent that the user has knowingly disclosed this data. We will treat personal data provided via this Internet site as confidential. This data will only be forwarded to third parties to the extent that is required for the processing of inquiries and/or business procedures. The data collected on this Internet site will not be sold or provided to third parties under any circumstances.
3. Evaluation
When accessing a Web site, every browser program sends information about the browser itself, the operating system used, the IP address, the amount of data transferred, the data and time of the service query, etc. This data is not personal and will be temporarily stored and then deleted following a statistical evaluation. It will not be forwarded to third parties unless there is a legal obligation to do so. We will not link this data with other data.
4. Copyright
The content published on this Internet site is subject to the applicable German copyright laws. Any use of this content requires the prior written approval of the respective holder of the rights. Unauthorized use of the content is punishable by law and can lead to damage compensation claims on the part of the holder of the rights. There are no objections against use for personal, private, and noncommercial use. Links to our Internet services do not require our approval.
5. Revocation
The users of this Internet site have the right to revoke their consent at any time regarding the personal data that has been collected.
6. Information and Contact for Data Protection
Questions The users can receive information regarding the data stored about them at any time using the address listed below. This includes the origin and recipients of the data as well as the purpose of the data processing. The responsible party in the sense of the data protection conditions is: 4Folio GmbH, Cranachstrasse 63, 22607 Hamburg, Germany, e-mail: getback2me@fotografolio.com
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