General Terms and Conditions of Business
CONTENTS
- General Terms and Conditions of Business of Pixum
- What do I have to do in order to use the Pixum service?
- What does it cost?
- What is the album service?
- What about the rights to my images?
- Which pictures am I allowed to put into the albums?
- What happens to my data?
- How long can I use Pixum?
- How does the digital development service work?
- What if products are defective?
- What is Pixum liable for?
- Can I offset?
- Miscellaneous
1 General Terms and Conditions of Business of Pixum
On the websites run by it (inter alia: Pixum.com, Pixum.de ) Pixum (see Company Info) offers arbitrary third parties the possibility of storing arbitrary image files in so-called albums, uploading, processing and optionally making them available to a specific or non-specific group of recipients via the Internet ("album service"). Alongside this, Pixum offers the users of the album service the possibility of digital development of their own and third parties' image files ("digital development service"). The following General Terms and Conditions of Business ("Terms") apply to the album service, digital development (print) and all and any other services of Pixum on the websites run by it. Other General Terms and Conditions of Business of Pixum do not apply.
Insofar as claims by or against Pixum are mentioned below, said claims shall be made by or against Pixum (see Company Info). Also, all complaints within the framework of the contractual relationships to Pixum shall be made to the aforementioned address, which also applies to legal summonses.
2 What do I have to do in order to use the Pixum service?
Use of the album service and of other services of Pixum presupposes registration of Customer's data, e.g. the name and a valid and current e-mail address. Customer's statements on these data must be complete and true. For each e-mail address, only one customer can be registered as a user. Pixum reserves the right to change this registration process. When registering, Customer must enter its personal password. Access to all Customer's data stored by Pixum shall only be possible with this password. In order to avoid misuse, the password must be kept secret at all costs. Forwarding of a password shall be forbidden. If a password is nevertheless forwarded, Pixum shall not be liable for all and any damage and/or impairments of Customer caused by the misuse of the data.
We recommend that you proceed carefully in the selection of the password and do not choose a password that can easily be guessed by third parties (e.g.: own first name, date of birth, child's first name etc.). Use a combination of letters and figures in upper and lower case and change your password regularly.
3 What does it cost?
Registration of Customer as a user of the album service and the use of this service are free of charge..
Digital development of image files is charged. The amount to be paid to Pixum by Customer is based on the prices of Pixum valid at the time of conclusion of the contract. All the contractual payments to be made by Customer shall be understood including the statutory Value Added Tax valid at the time in question. The valid prices can be found on the (product) overview pages.
Shipping costs are charged for delivery. The amount of the shipping costs is notified to Customer when ordering. If taxes, customs charges or other fees are due for delivery, they shall be borne by Customer.
4 What is the album service?
In the course of its album service, Pixum enables Customer to use the websites run by Pixum to upload image files in a file format prescribed by Pixum, to store them in so-called albums and to edit them. In this context, Customer shall have the possibility of opening access to the image files stored in its albums for third parties (sharing). Customer can set the group of persons with access authorities in such a way that it limits said access to certain persons ("semi-public album") or permit access to any and an arbitrary number of third parties ("public album"). The storage space used by Customer with Pixum should not exceed the capacity stated on the website (currently 1 Gigabyte). If Pixum intends to delete image files, Customer shall be informed no later than 14 days before the deletion. However, Pixum reserves the right to partial or total deletion of image files from the servers of Pixum even without prior announcement.
Insofar as Customer sets up a semi-public or public album, the third parties authorised to access shall have the possibility of looking at the album and having the image files stored there developed digitally for a fee, making use of the digital development service of Pixum.
Despite careful maintenance and care of the system, Pixum cannot guarantee availability of the service at all times. A claim to use of the service does not accrue.
5 What about the rights to my images?
All rights to the images remain with the author, i.e. as a rule with you personally, if you are the author. So that Pixum may render the services of the online photo service, you must however grant Pixum certain rights to your images for the various services, inter alia for the Internet photo albums and here, in particular, for the semi- and totally public albums. This is described as follows:
By creating semi-public or public albums, Customer makes the image files stored there publicly accessible and also available to third parties on the Internet. By placing the files into a semi-/public album, Customer declares its agreement to third parties having access to its albums via the web servers of Pixum in question and looking at the image files stored there, transferring or loading them to the main memory of their data processing devices and editing them and/or having them digitally developed making use of the Pixum services. In such a case, Pixum shall merely procure the technical access and the technical possibilities for reproduction of the image files published by Customer by the user of the services in question or the principal, as the case may be. To this extent, Customer grants Pixum the free and non-exclusive right to reproduce and distribute the image files placed in semi-public or public albums, as the case may be, within the framework of the digital development service of Pixum.
6 Which pictures am I allowed to put into the albums?
Customer assures that it is the sole owner of all rights to all the image files loaded and that third-party rights, in particular of the persons or objects portrayed on the images, are not breached.
To the extent that third parties make a claim against Pixum from a breach of their rights to images, image files or a breach of personality rights, the party providing the image files in question engages to hold Pixum harmless against all claims made against Pixum by third parties at first written request at the latest and to indemnify Pixum for all damage resulting from the breach of the rights.
Pixum places great value on compliance with protection of the young and with personality rights. Therefore, Customer is not allowed to place images or image files which manifest punishable, illicit or immoral, in particular pornographic, inciting or extremist contents.
In the event of an infringement against this, Pixum can remove these files without prior announcement. Over and above this, Pixum reserves the right to involve the responsible criminal prosecution agencies in the event of a urgent suspicion of a crime or unambigu¬ously punishable contents.
7 What happens to my data?
Pixum will store the data given in registration of Customer as a user (first name, surname, e-mail address) and the data stored in the course of the use of the album service on the web server of Pixum for the purpose of provision of all the services offered by Pixum.
Further-reaching storage and processing of your data, e.g. for the Pixum newsletter and other information, shall only be done by Pixum with your express approval. You will find out more about this and also how you can revoke storage of your data at any time with an effect for the future in the data protection information. Pixum reserves the right to send urgent system information to the stored e-mail address, even without approval.
You can see more about data protection from our privacy statement.
8 How long can I use Pixum?
Customer and Pixum shall be entitled to terminate the contract for the use of the album service at any time. To this extent, no period of notice is necessary. With termination of the album service, Customer's access to the album service shall be blocked and Customer's data and image files in the sphere of influence of Pixum shall be deleted, unless urgent statutory directives contradict the deletion.
9 How does the digital development service work?
With the digital development service, Pixum makes it possible for Customer to have its digital image files developed at a charge. Customer shall have the option of having its image files developed on photo paper, in photo albums or in connection with one of the many fun products offered by Pixum (e.g. photo mug, photo T-Shirt etc.).
A contract for the digital development of image files shall originate between Pixum and Customer if Pixum confirms a corresponding offer by Customer by electronic mail (e-mail) or notifies acceptance of Customer's offer for the conclusion of such a contract in any other way, e.g. no later than delivery of the developed images or products.
Pixum shall supply the developed images/products to the delivery address stated in the order. The developed images/products shall remain property of Pixum until complete payment. Payment shall exclusively be non-cash in the mode of payment stated by Customer in the order. In the event of payment by direct debit, Customer here and now authorises its bank to notify Pixum of its complete name and its address.
Delivery periods stated by Pixum shall be non-committal. Pixum shall be entitled to make part deliveries.
10 What if products are defective?
Pixum provides high-quality products manufactured to customers' specification according to customary standards. Pixum subjects all products to an intensive quality assurance, with the result that defects can be ruled out to a very great extent. If you are nevertheless dissatisfied, you must report this complaint to our customer service without delay (by e-mail e.g. to support@pixum.com ). Products cannot be returned without agreement with the customer service and shall also not be accepted. For each case of complaints, we here and now assure you of an obliging, customer-orientated solution. Over and above this, the following applies with legal binding:
Defects can only be acknowledged by Pixum if they relate to technical insufficiency of the commodities supplied. Complaints about matters of personal taste or complaints caused by image files with insufficient resolution or excessive compression shall not be deemed defects. In the event of defects on the supplied commodities for which Pixum is answerable, Pixum shall be entitled to replacement delivery. If Pixum fails to comply with a justified request for replacement delivery within a suitable period or if Pixum rejects replacement delivery or if the latter fails, Customer can demand cancellation of the order or reduce the remuneration.
12 What is Pixum liable for?
a) Pixum shall be liable to damages for an infringement of cardinal duties, a lack of assured properties and for Customer's claims according to the German Product Liability Act. Over and above this, Pixum shall only be liable for damages in cases of malice aforethought or gross negligence by Pixum and its vicarious agents. Pixum shall not be liable for indirect damage, consequential damage or atypical damage, whatever the nature. This also applies to reimbursement of loss of profits, loss of possibility of use or intangible values. Pixum shall only be liable for the loss of Customer's data if Customer has ensured that said data can be reconstructed from data material provided in a machine-readable form with justifiable efforts. The above regulations shall also apply to the extent that a liability of Pixum does not result on a contractual, but on a statutory basis.
b) Pixum is only responsible for its own contents on the website. Responsibility for contents provided by third parties (e.g. in guest books, forums, chats or other interactive services) is expressly rejected by Pixum. Pixum shall likewise assume no responsibility for the contents of other homepages reached via links set by Pixum or by other users.
13 Can I offset?
The right to offset shall only accrue to Customer if the claims are legally effective, undis¬puted or have been acknowledged by Pixum in writing. Customer can only claim a right to retention to the extent that the claims are based on the same contractual relationship.
14 Miscellaneous
If one or more of these terms and conditions of business is/are or become(s) ineffective or unenforceable, the provision in question shall be replaced by one which is effective and enforceable and comes as close as possible to the purpose envisaged by the original provision. The remaining terms and conditions of the contract shall remain valid.
The present terms and conditions of business as well as the other relationships between Pixum and Customer shall be governed by German law. UN Purchasing law shall not be applicable.
If Customer is a merchant, the place of jurisdiction shall be Cologne. In all other cases, the statutory place of jurisdiction shall apply.
Version: January 2008