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Churchphoto.de User Terms and Conditions (Date: 02.04.2012)

1. General information with regards to the platform Churchphoto.de

Churchphoto.de is a platform which offers professional photographers, graphic designers and keen amateurs (hereafter named ‘copyright owners’) the chance to present to the public their pictures, designs etc. (hereafter named ‘work’) free of charge. The copyright owners place their own work in the picture and graphic databank (hereafter named ‘Churchphoto.de’) and then provide other Users the ability to download and use the work within the framework of the following User terms and conditions.

The works contained in Churchphoto.de can be used for editorial and commercial purposes – with the exception of commercial advertising – having been placed by the copyright owners for interested Users. For this the copyright owners guarantee the Users a licence for the use of their uploaded work in accordance with the Service Provider’s draft contract. The minimum picture size of any photo must be 2560 x 1920 pixels.

The website is divided into two areas. The public area is available to all interested visitors to the website ‘www.churchphoto.de’. This area contains, amongst other things, general information and the ability to view all uploaded Works. The membership area is only for registered Users and allows them, in addition to the services of the public area, the right to upload and download Works placed on and made available by the website www.churchphoto.de under the terms of the Service Provider’s draft contract.

The non-profit-making association ‘Stimme der Hoffnung e.V’ runs Churchphoto.de. (‘Service Provider’). The mission statement of the association is the spreading of the gospel of Jesus Christ based on the Old and New Testaments of the Bible through mass media communication such as radio, television and the internet.

The use of the platform Churchphoto.de is free of charge.

2. Scope of the User terms and conditions

(1) Churchphoto.de User’s terms and conditions regulate the conditions of the use of Churchphoto.de. At the same time their legal ties are regulated among themselves.

(2) By registering with Churchphoto.de each User agrees to the terms and conditions specified by Churchphoto.de and acknowledges explicitly that they have read these terms and conditions.

3. Subject to change

Changes in these terms and conditions will be sent to registered Users in writing, by fax or email. Objections to any changes must be submitted within four weeks of the notification, otherwise changes will be considered legally binding. Users will be notified of their right of objection and the legal consequences of silence in the case of changes made to the terms and conditions.

4. Service Provider

The platform Churchphoto.de is run by

Stimme der Hoffnung e.V.
Sandwiesenstraße 35
D- 64665 Alsbach-Hähnlein

Telephone: +49 6527 50653-0
Telefax: +49 6527 50653-70

As host provider (Service Provider) subject to the ‚Telemediengesetz’ (TMG) or local telecommunication law.

5. Registration

(1) The use of Churchphoto.de requires as a basic principle the registration of the User. Solely using the public area is possible without formal registration.

(2) Registration with Churchphoto.de is exempt of charges. The right of admission to registration does not exist. Participation is exclusively to unlimited legally competent persons. To register on the electronic website of www.churchphoto.de the provided registration form should be filled out and sent to the Service Provider. The required data of the User for registration must be complete and truthful. At registration, the User selects a personal Username and a Password (hereafter named ‘login credentials’). The Username may neither infringe upon the rights of any third party or brand name or any personal name nor contravene any principles of morality.

(3) By submitting a filled in registration form, the offer of a User contract between the Service Provider and the User is concluded. The Service Provider holds the right to reject the registration of a User without having to provide a reason. As soon as the Service Provider accepts the offer of registration, the User will recieve a confirmation email with the registration details as well as an activating link. With the activation of the confirmation email, an official User contract between the Service Provider and the User then exists.

(4) The user is obliged to keep login credentials confidential. He is prohibited from sharing these with a third party. The login credentials are to be protected from access by any third party. Should the User’s login credentials be lost or if suspicion about a third party using this data exists, the Service Provider is to be informed forthwith. The Service Provider is however, not liable for damage occurring due to login credentials being given to a third party.

(5) Should personal details of the User be subject to change, they are personally responsible for these updates. All changes can be carried out online after registration using the heading ‘My account’.

6. Rights granted by the copyright Owners

(1) The copyright Owners grant the Users a non-exclusive, non-negotiable, time and place unlimited licence to use the uploaded works within the guidelines of the accessible contract licence. The copyright Owners can utilize their works within the framework of non-exclusivity.

(2) All other rights of the copyright Owners regarding their works, including all copyright User rights, performance protection and other rights, remain with the Copyright Owners. The User is free to obtain or ask for additional permission, beyond the contract licencing agreement, directly from the Copyright Owners.

7. Lawful guarantees

(1) By uploading works the copyright Owners agree that the User and the Service Provider are entitled to the entire rights, which should have been accepted by the User and conceded to by themselves. At the same time they ensure that they have not assigned any rights or licences to a third party that would negatively influence the acquisition of the title ‘User’ in any way or form.

(2) Over and above this the copyright Owners guarantee the Users and the Service Provider that the uploaded works are not against general copyrights, personalities as well as identities and other lawful rights and do not contain any libel or discrimination against a third party.

(3) The copyright Owners also ensure the Users and the Service Provider, that for all the images of recognisable people and people groups the required permission or rightful and binding clearance statement for the contractual usage with regards to the licence agreement has been obtained in a provable manner. This is also valid for illustrations/images of relatives and friends. Images of minors should be used only after the permission has been given by both the minor themselves and their parent or guardian. For images of children under 12 years of age the permission from the parent or guardian will be sufficient.

Lawful exceptions (eg: people in question within contemporary history, pictures in which the people portrayed are simply an accessory to the landscape or other locality, pictures of meetings, demonstrations and similar activities in which the portrayed people have participated) have to be verified, depending on the situation.

(4) The copyright Owners ensure in addition, that all of the images of private property is only with granted permission and the rightfully bound clearance statements for the contractual usage with regards to the licence agreement has also been obtained in a provable manner.

(5) The copyright Owners will be held accountable for all claims resulting from breach of contract from third parties in points 1-4, and will indemnify both the User and the Service Provider. This includes any costs incurred in the lawful defence and procedural costs that may result.

8. Use of the Works

The Churchphoto.de data may be freely used for editorial and commercial purposes with stand-alone autonomous graphic works only. Stand-alone autonomous graphic works include Websites, Printing products or promotional literature like brochures. On the contrary, picture databanks, image catalogues, photo collections and similar types of purposes are NOT stand-alone autonomous graphic works and are therefore prohibited from using images from Churchphoto.de

9. User Restrictions

(1) Each User may only upload and download the works within the terms and conditions of the User guidelines and their applicable licensing contract.

(2) Users, who have not uploaded any of their own works, may only download a maximum of 15 works (photos, and/or graphics) per month.

Users who upload their own works are given credits. These allow them to download additional photos and graphics in addition to the permitted 15 per month.

(3) The works placed in Churchphoto.de can only be used in a legally allowable manner. It is not permitted to use Churchphoto.de for defamatory, pornographic, slanderous, violence promoting or any other illegal activity that promotes or injures any third party in any manner and in particular the personal rights of any other.

(4) The deployment of any works for political goals or in connection with the offer of any sexual services is strictly forbidden and always requires the previously obtained permission from the copyright owners.

(5) Any usage made of Churchphoto.de in a manner that limits other Users from the data bank or other service availability is strictly forbidden. The copyright owners are specifically responsible to ensure that their works are free from viruses and any other damaging programmes (eg: worms, Trojans etc) that would negatively influence the functioning and availability as well as the contents of the website www.Churchphoto.de in any manner or form by the Users.

(6) The Users are not permitted to access the software system or network via the website or make use of services and access information that the Service Provider has not specifically made available via the website for its Users. It is also not permitted to access other User’s membership accounts without their permission.

(7) The Service Provider holds the right to delete any works with an unclear legally safe content, without further notice. This is in particular for works with xenophobic or pornographic content. The deletion does not have to be justified.

(8) Users, who repeatedly upload contents that injure the rights of a third party, will be excluded from the Churchphoto.de User community. The accompanying membership account will be deleted. An objection to the discontinuation or retention of the suspended works on Churchphoto.de will not be warranted.

(9) Using any of the works for commercial advertising, in particular the image of people for commercial advertising campaigns is strictly forbidden. Any usage in this manner is only permissible if the User has obtained a separate specific agreement with the Copyright Owners.

(10) Should a User feel that their own rights or the rights of a third party have been injured, then the Service Provider must be given written notice thereof. They will then delete the applicable works from the databank.

10. No authorised concession by the Service Provider

Stimme der Hoffnung e.V. act as the host provider in accordance with the law § 2 Ziffer 1, § 7 Abs.1 and 2 TMG for the platform Churchphoto.de solely for the swapping of works by the User. They do not grant in particular any User rights or Licences to or from the Copyright Owners therein placed works. All the rights of the therein placed works shall be directly conferred to the Copyright Owners and their specific licensing agreements.

11. Granting rights of use by the Service Provider and with the Service Provider’s affiliated company

The Copyright Owners allow the full right of all registered Users of the Service Provider, the Hope Channel Foundation as well as the worldwide Hope Channel broadcasting family to use the uploaded works for editorial and commercial purposes, including advertising which is both unlimited by time or place, free of charge. This usage includes all branches of the Service Provider and the Hope Channel Foundation, especially for the use of printed products such as books, brochures, flyers, and calendars, and image and/or audio recordings such as (CD or DVD covers) as well as all online and TV usage. The pictures can also be used in their entirety for the work of the Seventh-day Adventist Church and affiliated institutions such as Adventist World Radio [AWR], Adventist Development and Relief Agency [ADRA], Advent-Wohlfahrtswerk [AWW], and Adventistischer Pressedienst [APD].

12. Referencing Rights

When using data from Churchphoto.de (eg: photos) the Copyright Owners (eg: the photographer) and Churchphoto.de must be named as the source of the work (Example: ©Max Mustermann/Churchphoto.de). All referencing of the work must be recognisable and clearly ordered. For a photograph, the reference should be on the photo itself or clearly visible on the side of the photograph. For an advertising graphic design, the reference must be clearly visible on the design itself. A reference given, as a link attachment only is not allowed. When using a film clip or similar production in a PowerPoint ® for example, a clear reference made in the end credits is sufficient.

13. Liability of the Copyright Owners, Exemption clause

In the case where the Service Provider is held accountable for third party claims as a result of Copyright violations, Personal right infringements, Owner rights or any other third party rights that may be claimed, the Copyright Owners will be made responsible for all these claims made as a result of their works placed on the platform. This includes all costs in legal defence or attorney costs for the entire legal process should this arise. This also includes any violations incurred via Download-Users who then place the claim onto the Copyright Owners as having infringed on any third party rights. The Service Provider will be exempt from any of these claims.

14. Liability of the Service Provider

(1) For the legality of the works as well as the authorisation and passing on of User rights for the works, the Copyright Owners carry exclusive responsibility. Any liability of the Service Provider is expressively excluded. This responsibility applies especially in the case of stolen pictures, photos containing ‘unasked’ people or illegally photographed objects eg: military points, artefacts in a museum etc. This includes obtaining public clearance certification, eg: art collection from a museum, the Copyright Owners are obliged to obtain this (eg: the photographer).

The Service Provider simply holds a databank on the website www.churchphoto.de in which the Copyright Owners may place their works. They disclaim any foreign content under any circumstances as their own. The Service Provider holds the right but not the obligation to edit any works before placing them for free usage. Efforts will be made to carry out regular inspections on the contents of the there-in placed works. Content responsibility – in all its forms – will not be taken as a result of these content checks. Due to the quantity of works placed in this databank, the Service Provider has neither the technical know-how nor the staff to check up on legal violations of any third persons. If individual works violate the rights of any third party or as a result of any other illegally placed contents, the Copyright Owners alone will be made responsible. The same ruling applies to User comments given regarding Churchphoto.de. These are under no circumstances the opinions reflected by the Service Provider. The Service Provider holds the full right to delete or ban any such comments found on Churchphoto.de if the contents of these contain any illegal content which may lead to punishable acts or are contra bonos mores.

(2) Furthermore, the liability of the Service Provider is limited to intentional and gross negligence. Moreover they will be liable for negligence of breach of contract, for which the orderly carrying out of the User Contract is fulfilled in the first place. Accordingly, any breach of attainment of the goal of the contract that is compromised and in whose compliance the User is regularly allowed to trust in, will make the Service Provider liable. In this case the Service Provider is liable only for the easily predictable contract typical damages. The Service Provider will not be liable for any slight negligence of these, other than the aforementioned named duties.

The above-mentioned Liability disqualifications are not valid for violations against life, body and health. The liability of the product liability law remains.

(3) Data communication via the internet is not under the current technological standing, error free and/or cannot be available and guaranteed at any time. The Service Provider is not liable for the continuous or permanent availability of, as well as error free access to, Churchphoto.de. The same applies to any loss of works on the online platform as a result of or directly through a higher level of incoming quality deficiency.

15. Suspension of Registered Users

Should Users contravene any of the User terms and conditions, the Service Provider holds the full right to block access to the databank with complete or partial effect. A suspended member is not allowed to renew registration for Churchphoto.de under another User name or to use Churchphoto.de in any other way. In the case of a deception or fraud, the Service Provider holds the right to take civil law steps and if necessary prosecute the offenders.

16. Notice of Termination

The membership with Churchphoto.de can be terminated at any time and without a given reason by the members as well as the Service Provider with immediate effect, in that the User contract is terminated.

17. Data Protection

(1) All the personal details of the registered Users (Title, Name, Address, Birth date, Email address, Telephone number, Telefax number, Bank details, Credit card number, if applicable) will be compiled, processed and stored exclusively under the terms and conditions of German data protection laws.

(2) All the User-related data as far as these are necessary for the substantiation, content definition or changing of the contract relationship (so called inventory data), will be used exclusively for the carrying out of the User relationship and the formation of the closed User contract. Any other additional use of this inventory data for purposes such as statistical analysis, marketing or market research as well as tailor-made arrangements of the services provided by the Service Provider, will require the explicit agreement of the member. The Member has the possibility to allow this agreement at the time of registration. This Agreement declaration is voluntary and can be withdrawn from the website by the Service Provider as well as be revoked by the Member at any time.

(3) The User-related data which are compulsory in order to have access to the offers made by the Service Provider and to account for the so called ‘usage data’ will be used exclusively for the processing of the closed contract. Such Usage data is especially relevant for the distinguishing identification of the User and Member, needed at every beginning and ending as well as the entire usage made by or contributed to each Member of the said telecommunication media.

(4) Additional information can be obtained at http://www.stimme-der-hoffnung.de/info/datenschutz/ regarding their available data protection declaration.

18. Databank Legislation

The downloadable works found on the Databank of Churchphoto.de in their totality are protected by copyright, in accordance with article § 4 Abs. 2 UrhG. It is not permissible to undertake any structural changes in part or in full of the Databank works, to change or to utilize these works in any way or form without the prior consent of the Service Provider. Violations of this regulation will be legally followed up and punishable by law.

19. Final Terms and Conditions

(1) Changes and amendments of these User terms and conditions require written notification. This also applies to the revocation of all written requirements. All verbal agreements will not be valid.

(2) The User contract with its terms and conditions is put under the sole legal right of the Federal Republic of Germany with the exception of the UN Convention on the sale of international goods. Mandatory terms and conditions of the country in which the User has their residence, remains unaffected.

(3) Should the User have no general place of jurisdiction in Germany or after the contract conclusion, changes their place of residence or their place of residence is unknown at the commencement of a lawsuit, then the place of jurisdiction for all disputes will be the Darmstadt-based Service Provider. In the business dealings with merchants, corporate bodies organised under public law or with entities/customers incorporated under (German) public law or specialised agencies subject to (German) public law, the place of jurisdiction is also Darmstadt. In all other cases the legal place of jurisdiction applies.

(4) Should individual regulations of the User terms and conditions become invalid or contradict lawfully binding rulings; the remainder of the User contract will be hereby unaffected. The invalid terms and conditions of the contractual parties will be conjointly replaced through a legally valid declaration through which the economic raison d`etre replaces the invalid terms and conditions most closely. The preceding regulation applies accordingly should loopholes arise.

Licensing Agreement

Between the Copyright Owners who have uploaded Works onto Churchphoto.de – Hereinafter called ‘Copyright Owners’ and the User who downloads the works from Churchphoto.de – Hereinafter called ‘User’ the following

LICENSING AGREEMENT WITH REGARDS THE USE of the contents of Churchphoto.de´s data bank will be concluded:

Preamble:

In this licensing agreement the terms and conditions of the registered User of the platform Churchphoto.de will be regulated regarding the use made of individual Copyright Owner´s Works placed on the data bank.

By uploading their Works onto Churchphoto.de, the Copyright Owners declare their full approval of the terms and conditions in the licensing agreement. The User in like manner declares their full approval of the terms and conditions in the licensing agreement when downloading the stated Works. In addition, all the Churchphoto.de User terms and conditions must be accepted by all registered Users. They are an integral part of this licensing agreement and are retrievable at any time under www.churchphoto.de

§ 1 Prerequisites of the License

(1) This License will only be issued if the User has been allowed access to the data bank of Churchphoto.de and has agreed to the terms and conditions for the use of Churchphoto.de.

(2) The works and their contents (especially photos and graphic designs) placed in Churchphoto.de are continuously protected by copyright and/or other laws. Any other type of usage made that is not specified in this licensing agreement or is against the law generally, is strictly forbidden.

(3) All the named rights stated in this licensing contract are guaranteed free of charge for the User.

§ 2 Subject matter of the license

The subject matter of the contract are the placed Works and contents of the Copyright Owners into Churchphoto.de for use by the Users in their entirety, encompassing the following license.

§ 3 Granting of User rights

(1) The Copyright Owners herewith assign the User the simple and non-transferable right to use the subject matter of the contract on condition of the following rules.

(2) The Copyright Owners grant the right within the boundaries of this licensing agreement the use of the therein placed Works and contents with their current copyright, User protection and other rights in a non-exclusive in time and place unlimited manner. For the granting of User rights the following are included:

  • The right to download and copy or reproduce the Works placed on www.churchphoto.de
  • The right to present Works on one’s own website and to allow third persons public access to this material.
  • The right to place Works on printed products of all kinds, including promotional material and to allow copying and distribution of this material.
  • The right to use unchanged Works for non-commercial advertising, in other words advertising for charitable or non-profit making institutions and their community work, for example: printed matter, advertisements, posters, programme announcements as well as the internet. Excluded here is the use of pictured people for advertising purposes. Such an action is only permitted if a User has made a special agreement with the Copyright Owners.
  • Limited adaptation rights. The only allowable changes made are regarding picture size (enlargement or size reduction), changes in colour and contrast characteristics as well as brightness aspects. All other changes require the prior consent of the Copyright Owners.

All other rights of the Copyright Owners remain unequivocally reserved. Not included in the rights specifically are the broadcasting rights, picture and recording rights and the merchandising right. This latter right includes the commercial processing of the Works through the production of, and/or the marketing of goods of all kinds in which the Works are represented (especially picture material). Some examples would include: posters, clothing items, printed material including comics, recorded material, head wear, mouse pads, badges etc. Exception: Section 11 of the Terms and Conditions.

The use is only permitted for stand-alone autonomous graphic work, for example: websites, printed products and advertising material. The use of the Works for collections or for general databanks eg: picture databanks, picture catalogues and art picture collections, is also strictly forbidden. The User is not entitled to pass on any of the rights that are hereby given to any third parties.

(3) The User rights are explicitly given only as simple rights, so that they are non-exclusive and non-transferable in that the Copyright Owners continue to have the sole authorisation of the rights of the contract- bound Works at their disposal.

§ 4 Exclusion of specific usages

(1) All pornographic, defamatory, slanderous, violence promoting or any other illegal usage made of the downloaded works from Churchphoto.de data is strictly forbidden.

(2) Also strictly forbidden is allowing a connection to be made of pictured people within a sensitive context (eg: in connection with alcohol, cigarettes or tobacco advertising, night clubs, nude bars, escort services, erotic dating agencies or similar services) as these persons can reasonably consider this to be offensive or insulting.

(3) Works may not be used in any way or form, in that the Copyright Owners or the people pictured in any of their Works are falsely represented, either as being an advocate of a political party or economic activity or any other such movement or party.

(4) Finally the Works may not be used for any brand name or product or any form of service provided.

§ 5 Naming the Copyright Owner and referencing

When using data from Churchphoto.de (eg: photos) the Copyright Owners (eg: the photographer) and Churchphoto.de must be named as the source of the work (example: ©Max Mustermann/Churchphoto.de). All referencing of the work must be recognisable and clearly ordered. For a photograph, the reference should be on the photo itself or clearly visible on the side of the photograph. For an advertising graphic design, the reference must be clearly visible on the design itself. When using a film clip or similar production in a PowerPoint ® for example, a clear reference made in the end credits is sufficient.

In addition, when using the internet or any digital media, a reference to Churchphoto.de must contain a link to www.churchphoto.de

§ 6 Gratuity of License

The Copyright Owners waiver the right to require licensing fees for the specified User rights stated in §3 of this licensing agreement.

§ 7 Duration of the Contract

(1) This contract runs indefinitely. It is not subject to termination notice. The license terminates automatically without prejudice as soon as the term of protection expires.

(2) The right to immediate extraordinary notice of cancellation for important reasons especially regarding violations of licensing terms and conditions remains applicable.

§ 8 Final Terms and Conditions

(1) Changes and amendments to these User terms and conditions require written notification. All verbal agreements will not be valid.

(2) User terms and conditions becoming invalid or contradicting lawfully binding rulings does not affect the remainder of the User contract. The invalid terms and conditions as such will be replaced through a legally valid declaration through which the economic raison d`etre replaces the invalid terms and conditions most closely. The preceding regulation applies accordingly should loopholes arise at any point in time.

(3) The contractual relationship of the contractual parties will be in accordance with the legal rights of the Federal Republic of Germany.

(4) This agreement is in accordance with the jurisdiction of §§ 12 ff. ZPO.

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