Last modified on 01.10.2020
This text is a translation of the "Allgemeine Nutzungsbedingungen" in german.
sevenpics: Provider, Scope and Object of the AGB
Welcome to the sevenpics platform!
Use of the sevenpics Platform
You may use the services offered on the sevenpics platform provided that you are at least 16 years of age. An exception is made for users who have reached the age of 13 and use the platform with the consent of their legal guardians. If you are under 13 years of age, you may not use the sevenpics platform. The age restriction on the transfer of personal data applicable in the country of residence takes precedence. Outside the Federal Republic of Germany you are responsible for checking the age restriction.
Your user account
Some services and contents of the sevenpics platform are not accessible to visitors, but only to registered users with a user account. When you set up your user account, you must provide correct and complete information in the registration form. The data must also be kept up to date at all times.
You may freely choose a user name for your user account. sevenpics may, however, remove or revoke the user name if this appears appropriate or necessary. You are responsible for maintaining the confidentiality of your password. You may change your password at any time via the password-protected user area. If you have discovered any unauthorized use of your own sevenpics account, you shall immediately change your password and notify sevenpics thereof.
You agree that you are solely responsible for all activities that occur under your sevenpics user account.
You may request the deletion of your user account at any time using the online contact form. Upon deletion of your registration, your user account will be deactivated and made anonymous. After the deletion of your user account, your personal user data (user name, email address, etc.) will be deleted. sevenpics shall not store or retain this data.
Your content on the sevenpics platform
As the holder of a user account with sevenpics, you may upload, download, publish, share and edit content such as images, videos and similar materials (user content) using the sevenpics services offered.
All proprietary rights to your user content that you upload or publish on sevenpics and the sole responsibility for such content shall remain with you. You grant sevenpics and other users of the platform rights of use (see: "Rights You Grant").
If your access to the platform is blocked or your user account is deactivated, your User Content will no longer be accessible via your account, but the User Content that you have published on the platform will be preserved and may continue to exist within the platform and appear there.
Rights you grant
By uploading, publishing or displaying content on the sevenpics platform or via the sevenpics services, you grant sevenpics, as well as any other user of the platform, a nonexclusive, royalty-free, non-transferable, non-sublicensable, worldwide licence to use, store, present, reproduce, store, modify, create derivative works from, perform and distribute your user content on the commercial platform sevenpics. The license is granted solely for the purpose of operating and developing the sevenpics platform and providing and using the services and content on the platform.
After termination or deactivation of your sevenpics user account or if you have removed your User Content from your user account on the sevenpics platform, the right of use granted to sevenpics and other users in respect of the User Content concerned shall continue to exist.
With the exception of user content, all content and services on the platform - such as software, scripts, graphics, page layouts - are sevenpics content. sevenpics owns and retains all rights to its own content and services. The name and logo of sevenpics are trademarks of sevenpics and may only be used in accordance with our trademark and logo usage guidelines.
Rights, which sevenpics grants you
General restrictions on use and rules of conduct
You are explicitly not allowed to upload and publish any content,
- which violate industrial property rights, copyrights or other rights and confidentiality obligations,
- which are misleading or likely to infringe the rights or feelings of other users and third parties worthy of protection.
You shall refrain from any actions that could jeopardize the safe operation of the sevenpics platform or harass other users or that otherwise go beyond the intended use of the platform. In particular, you shall be obliged to refrain from doing so,
- to send advertising, spam or other harassing, racist or pornographic content
- to send viruses or other technologies that could damage the sevenpics services or the interests or property of other users
- use crawlers, spiders, scrapers or other automated mechanisms to access the sevenpics services and collect content without the express written consent of sevenpics
sevenpics makes every effort to protect the platform from viruses and other malicious software. Nevertheless, sevenpics cannot guarantee a completely virus-free platform. Therefore, for your own protection, you must take the necessary measures on your hardware and provide for appropriate security precautions.
Responsibility for contents, availability
You shall indemnify and hold sevenpics harmless from and against any and all claims asserted against sevenpics by other users or other third parties for infringement of their rights, provided that you have caused the infringement through the content posted or through other use of the platform.
You shall assume the costs of the necessary legal defense of sevenpics, including all court and attorney's fees in the amount determined by law. The right to indemnification of sevenpics shall not exist if you are not responsible for the infringement.
sevenpics shall expressly not be liable for content published, transmitted or linked by users or third parties using the sevenpics services. Such content does not reflect the opinion of sevenpics and is not reviewed by sevenpics for its legality, accuracy and completeness.
The sevenpics services and all content on the sevenpics platform are provided without warranty of any kind, whether express or implied.
sevenpics shall not be liable for unauthorised access, unauthorised use, suspension of transmission or modification of the content. The liability of sevenpics for loss of data shall be limited to the typical recovery effort that would have been required if backup copies had been made regularly and in accordance with the level of risk. It is therefore recommended that you regularly make and keep backup copies of your content.
sevenpics is entitled to restrict or terminate the availability of the platform and the provision of the services in whole or in part, in particular for the purpose of implementing technical measures, for capacity reasons and due to events that are beyond the control of sevenpics.
Liability of sevenpics
Claims for damages are excluded. This shall not apply to claims for damages arising from injury to life, body, health or from the breach of material contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by sevenpics, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
In the event of a breach of material contractual obligations, sevenpics shall only be liable for the foreseeable damage typical for this type of contract if such damage was caused by simple negligence, unless claims for damages resulting from injury to life, body or health are involved.
The restrictions of paragraphs 1 and 2 shall also apply in favour of the legal representatives and vicarious agents of sevenpics if claims are asserted directly against them.
The resulting limitations of liability shall not apply if sevenpics fraudulently concealed the defect or assumed a guarantee for the quality of the item. The same shall apply if the parties have entered into an agreement on the quality of the item.
Place of jurisdiction, applicable law
These terms and conditions of use and all agreements between sevenpics and the user based thereon shall be governed by the laws of the Federal Republic of Germany, excluding international private law and the UN Convention on Contracts for the International Sale of Goods (CISG), which has been incorporated into German law. In business dealings with registered traders, legal entities under public law and special funds under public law, the competent court at the registered office of sevenpics shall have exclusive jurisdiction.
If the user is a consumer, the mandatory consumer protection provisions of the state in which the consumer has his or her habitual residence shall also apply if these provide the user with more extensive protection.
sevenpics is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
sevenpics shall be entitled, without prior notice, to make changes to the content and services of the platform or to discontinue the platform altogether.