Preamble

Pixelio is a multimedia platform (hereinafter referred to as "PIXELIO") that enables members to upload their own images - for example photographs, illustrations, drawings (hereinafter referred to as "images") - to a database and to offer these images to other members for use.

Members are, on the one hand, the photographers, illustrators and other persons who register with PIXELIO and post/upload images to the database (hereinafter referred to as "Creators").

Members, on the other hand, are natural or legal persons and associations of persons who register with PIXELIO and download/download images from the database (hereinafter referred to as "Users").

Creators and Users are collectively referred to herein as "Members".

1. scope

1.1 The following General Terms of Use govern the conditions of use of PIXELIO by the Members and, moreover, the contractual relations between the Members of PIXELIO among themselves.

1.2 By registering with PIXELIO, you expressly agree to these Terms and acknowledge that you have read and understood the Terms of Use.

2. reservation of right of modification

2.1 PIXELIO is entitled to amend the content of these Terms of Use with the consent of the Members, provided that the amendment is reasonable for the Members, taking into account the interests of PIXELIO. PIXELIO shall notify the Members of the amendment of the Terms of Use by email to the address provided by the Member at least 2 weeks before the amendment.

2.2 Consent to the amendment of the Terms of Use shall be deemed granted unless the member objects to the amendment or terminates the contract within one month of receipt of the notice of amendment.

2.3 PIXELIO undertakes to specifically inform the Members in the notification of the changes about the possibilities of objection and termination, the deadline and the legal consequences, in particular with regard to a failure to object.

2.4 In the event that the Member objects to a change in the Terms of Use, PIXELIO shall have the right to terminate the Membership for cause.

3. operator

The multimedia platform PIXELIO is operated by the

pixelio media GmbH
Parkstr. 17
80339 Munich

as service provider according to § 12 TMG.

4. registration

4.1 The use of PIXELIO requires a registration of the Member and the creation of a Member account. Only the search and display of thumbnails of the images posted on PIXELIO is possible without registration.

4.2 In order to post or download images yourself or to use the forum, you must have registered with PIXELIO in advance.

4.3 The member is obliged to fill in the fields provided in the registration form truthfully and correctly. A successful registration is only possible if the mandatory fields are filled in truthfully and completely. In the event of a change in the data collected after registration, the member must update the information in the member account without delay.

4.4 Upon registration, the Member shall specify a user name and a password for access to PIXELIO (hereinafter referred to as "Access Data"). User names whose use infringes the rights of third parties, in particular trademark rights or rights to a name, are inadmissible. Illegal user names or user names that offend common decency are also inadmissible.

4.5 The Member must keep the access data secret and protect it from access by unauthorized third parties. If the Member has lost the access data or if he/she discovers or suspects that his/her access data is being used by a third party, he/she shall immediately notify PIXELIO thereof. PIXELIO shall not be liable for any damage caused by access data that has fallen into the hands of third parties. PIXELIO will never ask you for your password, except for the first three letters of the password in the context of termination.

4.6 By submitting the data in the registration form, the Member makes an offer to PIXELIO to conclude a license agreement for the Multimedia Platform. PIXELIO reserves the right to reject the registration of the User without giving reasons. As soon as PIXELIO accepts the offer of registration of the Member, the Member shall receive a confirmation e-mail containing the registration data and an activation link. Upon receipt of this confirmation e-mail, the contract of use for the multimedia platform shall be concluded between PIXELIO and the Member.

4.7 The use of PIXELIO is not permitted for minors and other persons without legal capacity or with limited legal capacity.

5. granting of rights of the author

5.1 The author grants the user a non-exclusive license, unlimited in time and place, to use the images uploaded by him for the permitted uses in accordance with the respective licenses (hereinafter A or B).

5.2 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 web designer.

5.3 The type of license (hereinafter A or B) is determined by the author at the time of uploading and is indicated separately for each image in the description.

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

5.5 Permission for uses that go beyond the permission for use granted in the following license agreements must be requested directly from the author in each individual case.

5.6 License agreements

A. License for purely editorial use (http://www.pixelio.de/static/lizenzvertrag_redaktionell) B. License for editorial and commercial use (http://www.pixelio.de/static/lizenzvertrag_redaktionell_und_kommerziell)

5.7 Restricted social media use

a. All images have a limited social media usage right for use on social networks (e.g. Facebook, LinkedIn, etc.) in accordance with the respective licenses. This includes the right to link content from websites on social platforms, whereby the image material is displayed as a thumbnail on the social platform.

b. In the context of limited social media use, sublicensing of the content is permitted, provided that the terms of use of the social network do not contain clauses that require the granting of exclusive rights or ownership rights with respect to the work or modified work.

c. The principles of copyright and personal rights as well as the restrictions of section 1.5 in the respective license agreement must be observed. In particular, content on which a person is depicted may not be used as a profile picture.

5.8 Right to edit

a. All images have limited editing rights in accordance with their respective licenses.

b. The author may optionally specify extended editing rights for each image in accordance with the respective licenses.

c. The editing right is indicated separately for each image in the description.

5.9 The user is solely responsible for the effective transfer of the rights of use.

5.10 The user is obliged to observe the journalistic principles of the German Press Council (Press Code).

5.11 Furthermore, the author grants pixelio media GmbH a non-exclusive, non-transferable, temporally and locally unrestricted license to use the images uploaded by him/her for the operation of the PIXELIO platform. In particular, the author grants the right to reproduce the images and to make them publicly accessible on PIXELIO.

6. warranty and liability of the author

6.1 By uploading Images, the Author warrants to the User and PIXELIO that it is entitled to grant all license rights to be granted under this Agreement and that it has not yet granted any rights or licenses to Images that may conflict with this Agreement.

6.2 The Author also warrants to the User and PIXELIO that the images and information he/she makes available on PIXELIO do not infringe copyrights, trademark rights, the right to privacy, publicity rights or other rights of third parties or offend or bring third parties into disrepute.

6.3 Model Release: To the extent that the uploaded Images contain representations of persons or groups of persons, the Author warrants to the User and PIXELIO that it has obtained from all identifiable persons an effective and legally binding release statement regarding the use of the Image. This release declaration must permit the use of the representation on the image at least to the extent described in the license agreement granted by the author (see 5.).

6.4 Property Release: To the extent that the uploaded Images contain representations of third party property, the Author warrants to the User and PIXELIO that - to the extent required by law - it has obtained an effective and legally binding release declaration with respect to the representation of such property from the respective entitled party. This release declaration must permit the use of the representation on the Image at least to the extent described in the license agreement granted by the author (see 5.).

6.5 The Author shall indemnify the User and PIXELIO against all claims of third parties, including any costs of proceedings, which have occurred due to the culpable violation of these Terms of Use and the above granting of rights.

7. no granting of rights by PIXELIO

7.1 PIXELIO as service provider according to § 12 TMG only provides the multimedia platform as such for use by the Members.

7.2 PIXELIO thus does not grant any rights of use or licenses to the Images placed in the Database by the Authors.

7.3 All rights to the images are transferred directly from the author to the user on the basis of the license agreement under No. 5.

8. citation of author and source

8.1 Copyrights and references

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

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

c. If the copyright and source information is not provided directly with the image, an attribution to the image must be made (e.g. by placing a footnote).

d. When displaying the image in isolation, by calling up the image URL directly, a copyright notice is not required.

e. 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.

8.2 The consent of the copyright holder must be obtained if the copyright holder is named and the source is indicated differently from 8.1 (e.g. in the ALT tag, title tag, commented out in the HTML source text, separate list of image sources in the imprint or without indication).

8.3 In the event of incorrect or missing naming of authors and image sources, licensing shall nevertheless exist. The rights of use do not lapse.

Please note: Frequently asked questions and answers about image credit

9. prohibited content and prohibited use

9.1 PIXELIO may only be used for legally permitted purposes.

9.2 PIXELIO may not be used to distribute defamatory, pornographic or otherwise unlawful material, to threaten or harass third parties or to infringe the rights (including the personal rights) of third parties.

9.3 The use of PIXELIO in a manner that adversely affects the availability of the database or other service of PIXELIO for other Members is prohibited.

9.4 The Members are responsible for ensuring that the images and forum contributions posted by them are free of viruses, worms, Trojans or other malware that may jeopardize or impair the functionality or existence of PIXELIO or the Members' websites.

9.5 It is prohibited to publish images, forum posts or other content of the following type on PIXELIO:

• Content which may infringe the rights of third parties, in particular their copyright, ancillary copyright, right to a name and trademark, design right, property right and personal right;
• pornographic, obscene, sexist, defamatory, slanderous, racist, minority or religiously offensive depictions;
• Discrimination, defamation or insult;
• untrue allegations;
• Abusive criticism, defamation of character, speculation or slander;
• Disparagement of the author or the person(s) depicted;
• Political contributions or advertising for parties.
• Calls for boycotts or deletions of any kind
• Private data of members (e.g. name, company, address, telephone number, bank details)
• Quotes from private emails/SMS from other members, PIXELIO or third parties (postal secrecy).
• Links to Internet pages with illegal content
• Unauthorized communication measures, either directly or indirectly (e.g. spamming)
• Advertising

10. deletion of pictures and forum posts

10.1 PIXELIO reserves the right to delete images and forum contributions without giving any particular reasons.

10.2 A claim to the posting or retention of a posted image or forum contribution on PIXELIO is not guaranteed.

11. liability of the author

11.1 If a claim is made against PIXELIO as a result of a culpable breach of the author's obligations, in particular with regard to infringements of copyright, personal rights, property rights or industrial property rights by third parties, the author shall indemnify PIXELIO against any liability and any costs, including any costs of proceedings.

11.2 The same shall apply if a User is held liable by a third party for a breach of the Author's obligations towards him with regard to the transfer of the right of use.

12. liability from PIXELIO

12.1 PIXELIO has the right, but not the obligation, to editorially review posted images and forum contributions. It is expressly pointed out that due to the quantity of images and forum contributions posted, PIXELIO has neither the technical nor the human resources to check all images and contributions for infringements of the rights of third parties.

12.2 The author is exclusively responsible for the legality of the images and forum contributions, as well as for the authorization to pass on rights of use to the images. Any liability of PIXELIO in this context is expressly excluded.

12.3 The liability of PIXELIO, as well as the liability of its vicarious agents for contractual breaches of duty and for tort is limited to intent and gross negligence. This shall not apply in the case of injury to life, body and health, claims for breach of cardinal obligations and compensation for damage caused by delay (§ 286 BGB). In this respect, PIXELIO shall be liable for any degree of its fault or that of its vicarious agents.

12.4 Liability for the breach of cardinal obligations shall be limited to the foreseeable, typically occurring damage.

13. blocking of members

In the event of a breach of these Terms of Use, PIXELIO has the right to block the Member's access to PIXELIO or only parts thereof with immediate effect. The blocked Member is prohibited from registering again under another user profile or from using PIXELIO in any other way. PIXELIO reserves the right to initiate criminal proceedings and to assert claims (in particular claims for damages) against the Member.

14. termination

14.1 Membership in PIXELIO may be terminated at any time and without giving reasons both by the Member and by PIXELIO by termination of the User Agreement without notice.

14.2 PIXELIO reserves the right to prohibit the further use of the Website or the renewed registration and uploading of image material.

15. database right

The images and forum contributions available on PIXELIO constitute, as a whole, a database protected by copyright. It is prohibited to take over or edit this database in its structure, either in whole or in part, without the consent of PIXELIO.

16. final provisions

16.1 This User Agreement shall be governed exclusively by the substantive law of the Federal Republic of Germany, with the exception of the UN Convention on the International Sale of Goods.

16.2 In business transactions with merchants, legal entities under public law or with special funds under public law, the place of jurisdiction shall be Munich.

16.3 However, PIXELIO reserves the right to bring an action at the general place of jurisdiction of the Member.