Terms of Use for Churchphoto.de

1. In General
Churchphoto.de offers the chance to professional photographers, graphics designers and even to ambitious amateurs of introducing their works to a wide public.

Churchphoto.de is a publically accessible database for photographs and graphics. It lets registered users upload their own photographs or graphics (termed as Churchphoto.de files in the following text). In exchange for the up-loaded photographs or graphics registered users will receive Churchphoto.de internal credits per up-loaded Churchphoto.de file. Then these credits then can in turn be used for the downloading of other images or graphics.

The database is moderated, i.e. the administrator commissioned by Churchphoto.de decides according to his own discretion whether or not the photograph or graphic up-loaded by the user will be accepted into the database.

The photographs and graphics displayed in Churchphoto.de may be used for non-profit as well as for profit purposes without any additional costs according to the conditions determined by Churchphoto.de (see download conditions). Exception: The use of photographs of people for commercial advertizement. This is only permissable after a special agreement between the user and the photographer.

Non-registered users ("guests") may buy the rights from Churchphoto.de per credit card to use the photographs and graphics. In addition registered users may use the internal Churchphoto.de credit system to buy the rights to use images.

With the purchase of the rights to use Churchphoto.de files the customer agrees to use these files only within the boundaries prscripted by law.

In case the rights of a third party may be violated by the up-load or use of a Churchphoto.de file, Churchphoto.de may not be held responsible for that.

In case of an offense against the Churchphoto.de terms-of-use, Churchphoto.de is not be held responsible.

There will be no liability regarding the operation and the flawless function of the internet presence of Churchphoto.de. The same is true for any possible loss of images at the online platform of Churchphoto.de or through lack of quality possibly occuring.

Liability will remain with the photographer so that the copyright of the Churchphoto.de files is with him as well as the permission granted for publication from art collections, museums etc.

Churchphoto.de will not be held liable regarding any consequences resulting from a use of images in contradiction to this contract.

Churchphoto.de will not be held responsible for any up-loaded Churchphoto.de files that may violate the rights of a third party.

Churchphoto.de will not be held liable for damages which may result from the use of its internet homepage or the direct or indirect use of images down-loaded from Churchphoto.de. This is especially true regarding stolen images, pictures of people photographed without their consent, or unlawfully photographed objects like military objects, artefacts in museums etc. In case a user sees his own rights violated he should announce this to Churchphoto.de immediately. Churchphoto.de will delete the respective Churchphoto.de files from the database.

If users comment on Churchphoto.de files, these comments do not necessarily reflect the position of Churchphoto.de. Churchphoto.de reserves the right to delete comments on Churchphoto.de files.

2. Terms-of-use for up-loading
The up-loader guarantees the sole possession of the copyright and the right or permission to publish the respective Churchphoto.de file. This includes, for example, with photographs of people their (or their rightful representative's) consent to being photographed and published, if they could be recognized by even only close friends. Exception are people of public interest or partakers in demonstrations or rallyes.

Only the up-loader is responsible for the contents of his Churchphoto.de file.

The up-loader offers his Churchphoto.de file to all Churchphoto.de users according to the terms-of-use for down-loading.

The up-loader offers his Churchphoto.de file(s) non-exclusively to Churchphoto.de, i.e. he can use them in other places at the same time as well.

The right to use a Churchphoto.de file according to the Churchphoto.de rules remains valid even after the deletion of a Churchphoto.de file from the Churchphoto.de system.

The up-loader has no claim on financial payment for his uploaded files. Churchphoto.de will decide whether or not financial payments will be made to the up-loader and for which files it will be done.

The up-loader agrees not to upload photographs or graphics with pornographic, defaming, calumnious, the promotion of violence or otherwise-unlawful content to Churchphoto.de.

3. Terms-of-use for down-loading
The Churchphoto.de file may be used for independent creative graphic works including profit and non-profit use without any additional cost. Independent creative graphic works are for example websites, print products, advertising materials. Whereas image databases, image catalogues and collections and the like are not independent creative, graphic works and they are therefore no legal use of Churchphoto.de files.

Exempt from the use for commercial advertizement are photographs of people. This is only permissable after a special agreement between the user and the photographer.

The owner of Churchphoto.de may sell image collections containing the pictures which have been uploaded to Churchphoto.de.

When using Churchphoto.de files the photographer and the source "Churchphoto.de" are to be announced as such (example: John Smith/Churchphoto.de). This announcement has to be arranged in such a way that it is easily recognized as belonging to the respective picture - with the web graphics in the viewable area. Mentioning it in the link list does not suffice. When used in a motion picture or the like product, i.e. PowerPoint (R) the mentioning of the name of the photgrapher and Churchphoto.de in the credit roll will suffice.

Pornographic, defaming, calumnious, violence-promoting or otherwise-unlawful use of a Churchphoto.de file is not permitted and will be persecuted.

The prices of down-loading for guests and registered users, as well as the credit system, may be adapted to new requirements by Churchphoto.de at any time.

4. Data security
The user has to carefully protect his data for access, i.e. user name and password. Additionally precaution should be taken not to make these accessible to any third party. Churchphoto.de is not responsible for any damage, if access data has gotten into the hands of a third party. In the case of suspicion of misuse of these data, Churchphoto.de needs to be informed at once.

Churchphoto.de tries to protect all of its users with the care usual in this type of industry. But Churchphoto.de will never be held responsible for any damage done through data espionage, hacker attacks, malfunctioning hardware or software or an act of God.

5. Privacy policy
Within the service of Churchphoto.de personally related data will be collected, saved, processed and used. These are data containing personal or pertinent information about the user. These personal data about the user may be used for the proprietary marketing or statistical processing by Churchphoto.de. Data will never be sold to a third party or passed on to a third party without payment.

The user expressively agrees with this saving and processing of data. Every user has the right to refuse this use of his data. An e-mail to Churchphoto.de will be sufficient (see impressum).

6. Salvatoric clause
No oral agreements have been made.

Any disputes arising hereunder will be settled under the jurisdiction of a Darmstadt (Germany) court of law.

The fact that one of the afore-mentioned regulations may be invalid or fragmentary does not minimize the validity of the rest of regulations in this document. In this case a regulation will be considered valid which economically comes closest to the invalid or fragmentary regulation.

Darmstadt, May 11, 2006