The present Agreement regulates under which conditions the Users (hereinafter "Users") may use the photos, illustrations and other media content (hereinafter "Images/Image Material") provided by the respective Authors on the UP2DATE.CLOUD platform.

By posting/uploading images on UP2DATE.CLOUD, the author agrees to the legal validity of the terms and conditions.

By downloading images from UP2DATE.CLOUD, the user agrees to the legal validity of the terms and conditions.

The License Agreement is in addition to the Terms of Use applicable to the use of UP2DATE.CLOUD entered into by all Authors and Users (hereinafter "Members").

1. license

1.1 The author grants the user a non-exclusive, temporally and geographically unrestricted license to use the images posted by him on UP2DATE.CLOUD for the permitted uses listed below under 2.

1.2 Transfer

a. The license is generally non-transferable.

b. Exception: The transfer of the license for use is permitted, provided that the onward transfer is made on behalf of a customer, e.g. by a graphic web designer.

1.3 Only editorial (non-commercial) use of the image material is permitted.

1.4 Use in image databases, image catalogs and related image collections is excluded.

1.5 It is forbidden to use images from UP2DATE.CLOUD for the following purposes:

• pornographic, obscene, sexist, defamatory, slanderous, racist, minority or religiously offensive depictions;
• Content on which a person is depicted may not be used as a profile picture
• Unauthorized communication measures, either directly or indirectly (e.g. spamming)
• if it can be assumed that the author or the person depicted might not agree with the publication (despite model release!). [For clarification: These are all images that depict this person in a possibly personality-injuring situation, including a sexual or implied sexual act or preference, drug abuse, crime, physical or mental abuse or suffering, or any other situation that would be reasonably likely to offend the depicted person (e.g. dating sites, escort services, erotic offers, pornographic offers, sites harmful to minors)].

2. types of use

2.1 The following types of use are transferred

a. The image material may be used by the user within the scope of this license in all media (e.g. online use of any kind, print use, interactive and multimedia use, etc.) for editorial purposes only.

b. This also includes the limited social media usage right, i.e. the right to link content from websites on social platforms, whereby the image material is displayed as a thumbnail on the social platform.

c. the limited editing right, i.e. the right to edit the image material using analog, digital or other image editing methods as follows: Changing the size of the image (enlargement, reduction, cropping without changing the image statement; see §14 Copyright Act Disfigurement of the Work), converting the color information, changing the color, contrast and brightness values.

d. Permitted is the visible image source reference in the image.

e. The right to make other changes to the image material remains with the author.

2.2 The following type of use is transferred as an option and is indicated separately for each image in the description: The extended editing right, i.e. all possibilities of the limited editing right and, in addition, the right to edit, reshape, shorten, divide, cut out, combine the image material with other productions or production locations or other works and performances using analog, digital or other image editing methods. The restriction of Section 14 of the Copyright Act must also be taken into account here.

2.3 All other rights to the images, including all copyrights and other industrial property rights relating to the image material, shall remain with the author.

2.4 In particular, the following shall not be transferred:

a. the right to advertise, i.e. the right to use the visual material unchanged, edited, redesigned or further developed, in whole or in part, for advertising purposes, e.g. in program previews, on television, in cinemas, in printed matter (advertisements, posters, program announcements, etc.), value-added telephone services, the Internet (e.g. pop-up windows, advertising banners, etc.), whereby these forms of advertising are not exhaustive.

b. the merchandising right, i.e. the right to commercially exploit the photographic material by selling the photographic material or producing and distributing goods of any kind depicting the photographic material (e.g. calendars, posters, postcards, e-cards, canvases, mugs, toys, clothing, illustrated books, templates, etc.)

3. remuneration freedom

The author waives any remuneration vis-à-vis the user for granting the rights of use mentioned above under 2.

4. citation of author and source

4.1 Copyrights and references

a. The user has to mention UP2DATE.CLOUD and the author on the image itself or on the same page, with his photographer's name mentioned at UP2DATE.CLOUD when uploading the image, in the following form: '© photographer's name / UP2DATE.CLOUD or ' photographer's name / UP2DATE.CLOUD

b. In the case of use on the Internet or digital media, the reference to UP2DATE.CLOUD must also be made in the form of a link to www.UP2DATE.CLOUD. It is sufficient if there is a link to UP2DATE.CLOUD on the website (e.g. from the imprint).

c. If the copyright and source information is not provided directly with the image, an assignment to the image must be made (e.g. by placing a footnote). Or the author's name must be given in the manufacturer's credits/image credits.

d. In the case of use within the scope of the limited social media right of use (linking on a social media platform), it is sufficient to provide the copyright notice and source citation as described above on the linked website.

4.2 In the event of incorrect or missing naming of authors and image sources, licensing is nevertheless available. The rights of use do not lapse.