General

By accessing jugendfotos.at or any of its partner sites of the Youthphotos network (hereinafter referred to collectively as Jugendfotos) you agree to abide by the following Terms of Service (ToS). The ToS may be updated from time to time. Only the last updated ToS are valid at the time of access to the site.

These ToS have been translated from the original text in English. In case there are language differences that lead to different legal or other effects, the English version prevails and remains the only binding one.

Jugendfotos is intended to be used by people older than 14 years of age. Please do not use Jugendfotos if your national legislation prohibits you from doing so. Responsibility for any use of Jugendfotos lies with you or your parents or guardians.

User Account

When you register for an account at Jugendfotos you agree to provide true, accurate, current and complete information about yourself and further to keep your account data up-to-date. Jugendfotos reserves the right to suspend or terminate your account in case you fail to comply with this obligation, especially if Jugendfotos has reasonable grounds to suspect that failure to comply with the above obligation might compromise the safety or privacy of Jugendfotos users. Should you or Jugendfotos terminate your account, your user name is free for anyone to use.

Your user name, password and account are personal and non-transferable. You should not share your password with anyone. Jugendfotos cannot be held liable for any loss of data, loss of privacy information, intellectual property violation or any other breach of rights arising from your failure to comply with the above obligation. You also agree to take all reasonable steps to ensure that your password and account information are duly protected when logging in and out of Jugendfotos.

Content

You understand that you, and not Jugendfotos, are responsible for any use of all content you transmit through Jugendfotos (e.g. pictures of any format, video-like graphics, sound, text or any other format and/or type) including uploading, downloading, posting or otherwise making available. Jugendfotos does not exercise control over the content transmitted through its sites or hosted on its servers and it cannot in any case be held liable for the unlawful conduct (including the content users upload) or omission of the Jugendfotos users.

If you think your intellectual property or other rights have been violated, contact us with your contact details and a description of the violation, the work that has been allegedly infringed, proof of your intellectual property rights and its location on the website (e.g. hyperlink or sufficient tags to find the work). Jugendfotos will then promptly notify by email the user who uploaded the allegedly infringing material asking him/her to file a counter-notice within one week from the notice. Jugendfotos will not take down any material prior to that deadline, unless the violation is patently obvious.
Jugendfotos respects freedom of speech. However you explicitly agree not to upload, post, transmit or otherwise make available:

• any content that is unlawful, obscene, libellous or harmful to minors regardless of your age,


• any content for which you don’t hold the intellectual property rights or any content that violates any intellectual property rights of a third party or any content that is protected by law under contractual or fiduciary relationships (such as trade secrets) and which you don’t have the right to divulge,


• any content that could be considered as spam,


• any content that could compromise the security and/or functionality of Jugendfotos and/or the hardware on which Jugendfotos is running or compromise any users’ account information and private data,


• any content that violates your local laws or international law

Failure to comply with the above obligation gives the right to Jugendfotos to suspend or terminate your account and/or remove any infringing material. Jugendfotos is not obliged but by law to remove any content hosted by it.

You acknowledge that by using Jugendfotos you may nevertheless come across content violating the above provisions or any other provision of the ToS. You agree to take all reasonable steps to avoid coming across such content. In any case you further agree to indemnify and hold Jugendfotos harmless to the extend permitted by law from any claim or demand made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through Jugendfotos, your use of Jugendfotos or any violation of the ToS.

You also understand that Jugendfotos does not offer professional services, nor the content hosted by it should be considered as such. Jugendfotos does not claim ownership of any content uploaded, posted, transmitted or otherwise made available by the users. That notwithstanding, Jugendfotos reserves the right to use users’ content, if this is required for Jugendfotos to abide by legal requirements. To see how Jugendfotos will use your content, please read our privacy statement (further down).

Privacy Statement

Jugendfotos collects personal data when the user signs up for an account, when he updates his account and when he logs in or accesses the Jugendfotos website. This is to allow access and use of Jugendfotos, to enable Jugendfotos to deliver in the best possible way its services and to protect its users.

You have total control over your account as long as you abide by applicable laws and the present ToS. You may delete your account and any content related to it any time you want by simply following the required steps in your account webpage.

Jugendfotos is committed to protecting your privacy. We will not share, sell, rent, disclose, trade, publish or in any other way make available your private data to a third party unless we have your written consent, or unless it is required in order to deliver a requested service, or unless it is required by law or in order to fulfil a legal obligation. Jugendfotos may share your private data with trusted affiliate partners that work with Jugendfotos, however these partners do not have any independent right to share or process your private data.

Jugendfotos uses cookies to identify users and enable them to user certain features. You may set your browser not to accept cookies. In that case certain features may be unavailable.

Jugendfotos does not claim ownership of any content uploaded, posted, transmitted or otherwise made available by the users. That notwithstanding, you grant Jugendfotos a non-exclusive, royalty-free license to reasonably use the uploaded content in order to deliver its services to the users and for the promotion and advertising of its services both in the Jugendfotos website and in third party websites as well as in any other means of promotion and advertising of its services (e.g. a Jugendfotos competition). Should Jugendfotos choose to host third party advertising spots, banners or other material on its website, where user content appears, you agree to provide your consent.

Creative Commons Licenses

Some of the user uploaded content on Jugendfotos is governed by Creative Commons licenses. Only the content for which Jugendfotos prompts for the selection of a Creative Commons license is governed by such licenses, unless otherwise noted by the user or Jugendfotos. The selection of the right license lies with the user. You acknowledge that before choosing a Creative Commons license you understand its meaning and implications. Failure to do so cannot lead to any kind of liability for Jugendfotos. Jugendfotos is not a party to the license and makes no warranty in connection to the correct use of the license. At any given time the availability, meaning, content or legal effects of the Creative Commons licenses is governed by the licenses themselves and/or the Creative Commons Corporation and Jugendfotos makes no relevant warranty. You agree that you use Creative Commons licenses on your own risk. Jugendfotos is in no way affiliated with the Creative Commons Corporation.

Copyright

Unless otherwise noted (e.g. user content) all content on the Jugendfotos website is protected by applicable intellectual property laws and you are not allowed to use it in any way that violates those applicable laws. In particular, the intellectual property protection applies, but is not limited to the Jugendfotos logo, the website layout (pictures, graphics, sounds etc.), the users’ content database and any third party material.

Quality of Service Limitation

Jugendfotos puts every effort to deliver the best possible services, however technical and other limitations may prohibit it from functioning the way you may expect it to. Jugendfotos is provided “as is”, you use Jugendfotos on your own risk and Jugendfotos cannot accordingly be held liable for any loss of data or any damages incurred by unexpected Jugendfotos behavior or by technical requirements and specifications not controlled by Jugendfotos. Jugendfotos reserves the right to discontinue or suspend the service at any time and without prior notice.

External Links

Jugendfotos may contain links to external destinations. Jugendfotos does not exercise any control over the content, quality or safety of the external links and cannot be held liable for any damage or loss thereof.

Jurisdiction and Effect

The present ToS are governed and complemented by German and international law and any differences that may arise are to be submitted to Berlin competent courts without regard to its conflict of laws provisions. If any of the above provisions is found to be inapplicable, the rest of the ToS remains in full force and effect. This is the complete and only legally binding Terms of Service between Jugendfotos and the user.

Berlin 10th of March 2008