Terms and Conditions



Terms and Conditions of Business

In the following text, the terms "imagelooop" or "the company" refer to imagelooop GmbH

1    Terms of Use

1.1    Contract

The regulations governing these Terms of Use apply to each contract made between imagelooop and its contractual partners and in accordance with Section 15 of the German Companies Act.

The following conditions govern the use of imagelooop websites and data, in particular the storage, uploading, modification, digital rendering and sharing of photo albums by third parties. The following conditions also govern the software support and any other additional services offered by imagelooop on these pages.

1.2    Additional Terms of Contract

Any correspondence from imagelooop is always subject to change. Initial correpondence will take the form of a separate email containing an activation link, following the request of the customer to activate his or her photo album(s). The activation of this link involves acceptance of imagelooop's terms and conditions, therefore bringing about a contract between imagelooop and the user.

It is only through this contract and through the following Terms of Use that the services of imagelooop can be engaged. Any other terms of purchase or general terms of use - particularly those of an inconsitent nature - are not applicable.

2    Function of imagelooop

Photo and Album Service

The imagelooop website enables customers to store, upload and modify data in photo albums or "Slideshows" in a data format pre-determined by imagelooop. Imagelooop also permits users to share saved data with third parties. Users can themselves determine which individuals may access their albums (creating a "Private Slideshow") or can leave access to their albums open to all other imagelooop users (creating a "Public Album").

Despite the great deal of care we devote to maintaining our systems, imagelooop cannot guarantee the availability of all of its services. Imagelooop retains the right to delete or edit images, text or other data without notice.


3    Customer Obligations

3.1 General

a) If the customer creates "public" and "private" albums on imagelooop's website, he or she affords imagelooop free of charge the right to open the images they contain to the public domain and to make them available to third parties on the internet. In doing so, the customer also permits imagelooop and the users of imagelooop to transmit and to download images he or she has stored on the imagelooop webserver. Additionally, the customer permits imagelooop to upload deleted material as laid oput in the Terms of Use.

b) By creating a "public album" or Slideshow, the user permits imagelooop and all registered users of imagelooop to display the images contained in this album on other websites, obtained either from the imagelooop Desk Play or direct from the imagelooop website, on a free and indefinite basis.

c) It is the responsibility of the imagelooop user to obtain the necessary permission for the uploading and displaying of images, texts and other data contained in albums and Slideshows. The rights to publish such data only belong to the user if he or she has produced the data personally.

d)The user also affords the same rights to third parties who are able to access this data from albums displayed on the imagelooop website. If a third party should feel their data ownership rights to be infringed by images uploaded by an imagelooop user, the user in question is obliged to send written correspondence to imagelooop, releasing imagelooop from any liability and to compensate imagelooop for any damages incurred should this be necessary.

e) Dem Kunden ist es nicht gestattet, Bilder oder Bilddateien in den Albenservice einzustellen, die strafbare, rechts- oder sittenwidrige, insbesondere pornographische, nationalsozialistische, volksverhetzende, gewaltverherrlichende, extremistische oder ähnliche Inhalte aufweisen. Er darf auch keine Inhalte an die imagelooop übertragen, deren Wiedergabe eine Verletzung der Urheberrechte oder sonstiger Rechte Dritter darstellt.

f)imagelooop reserves the right to remove and delete any images or data contained in albums or Slideshows any images they feel may breach the data ownership rights outlined above.

g) Customers are also obliged not to use the personal information of other users (incl. email addresses) for commercial purposes such as advertising.

h)Customers may not distribute or save onto imagelooop data carriers any data (eg. viruses, spam mail) that may harm the data processing capabilities or data network of the imagelooop website.

i)In such cases, the customer is obliged to send written correspondence to imagelooop, releasing imagelooop from any liability and to compensate imagelooop for any damages incurred should this be the case.

3.2

Customers should inform imagelooop of any changes in their personal details such as their contact name and email address.

4    Liability

4.1

Under the terms of the German Product Liability Law, imagelooop is obliged to pay compensation for any violation of the rights of customers as laid out in its customer contract or for the failure to provide the level of service it guarantees. imagelooop does not have to pay compensation in the case of indirect, consequential or atypical damage of any kind. This also applies to the reimbursement of lost profit, access rights or losses of an immaterial value. In the case of a loss of customer data, imagelooop can only be held responsible if the customer has proved definitively that the data in question consistes of a recognised format and can be reconstructed on a feasible cost scale. The aformentioned regulations also apply to cases where imagelooop is found to be legally rather than contractually liable.

imagelooop is only responsible for web content that it has created itself. Content added to the imagelooop website by users and third parties (eg. via guest books, chat, forums or other interactive services) is not the responsibility of imagelooop. Similarly, imagelooop accepts no responsibilty for the content of pages linked to the imagelooop site by other users

4.2   

As far as imagelooop continues to provide telecommunications services in the public domain and thereby coming under the remit of the Law for the Protection of Telecommunication Customers (Germany), the liability regulations as set out in Section 7 Paragraph 2 of this law remain unaffected.

4.3   

For other services, such as those outlined in Point 1.1 of the above Terms of Use, and which lie beyond the remit of the Law for the Protection of Telecommunications Customers (Germany), imagelooop can only be held liable for compensation of damages even for legal reasons including illegal business practices when:

a)    found guilty of a contractual violation that prevents the fulfilment of contractual obligations or

b)    found guilty of gross negligence

4.4   

If, as per Point 4.2 above, imagelooop is found to be liable but in the absence of gross negligence on the part of its staff, the extent of imagelooop's liability will be reduced. Such problems are usually forseen during the contract signing phase.

4.5   

If imagelooop is found to be liable due to the gross negligence of staff members who do not form part of the company's management, the amount of damages and grounds for compensation are reduced.

4.6   

For indirect damage, damage caused by defects or for profit losses, imagelooop cannot be held liable unless the damage was due to gross negligence on the part of senior members of staff.

4.7   

In the cases outlined in Points 4.3 and 4.4 above, the overall liability of imagelooop is not affected by other restrictions. The highest amount of compensation for damage to objects is 5000 EUR: For personal damage the limit is 10000 EUR. Compensation of financial losses is limited to twelve monthly payments of a pre-determined amount.

4.8   

The reponsibilties of imagelooop in terms of the German Product Liabilty Law and its liability when guaranteed service have noit been provided remain unaffected.

4.9   

The clauses outlined the the points above encompass claims made against employees, directors and authorised representatives of imagelooop.

4.10

Claims for compensation against imagelooop may be prescribed a minimum of one year after the initial declaration of the grounds for compensation has been made by the customer. This does not apply to claims regarding illegal business practices.

4.11   

imagelooop does not guarantee an uninterrupted or error-free service nor does it guarantee that particular results can be procured from using the service provided.

4.12   

If damage done to the customer can be traced back to a failure in the service provision of a third party, imagelooop may only be held liable to pay compensation if a claim has been made against Deutsche Telekom or another third party company. imagelooop cannot be held responsible for delays in the delivery and provision of services due to means beyond their control such as official directives, network failures of other operators, disruptions to the Deutsche Telekom service and other uncontrollable, short-term disruptions. imagelooop is authorised to delay the delivery and provision of services in order to facilitate a recovery time should such circumstances arise. The failure of services due to events beyond the control of imagelooop does not provide grounds for financial compensation.

4.13   

The customer is responsible for all consequences resulting from his or her mis-use and violation of the services provided by imagelooop and from his or her failure to comply with the terms of the agreed contract.

5    Changes to Terms of Use

5.1   

imagelooop reserves the right to alter the Terms of Use and the description of the services it offers. Customers will be notified in writing of any such changes before they come into effect and will have a period of 30 days after this notice has been sent to register any objections regarding changes to imagelooop services. imagelooop weist den Kunden auf diese Folge in dem Schreiben hin.

5.2   

Should the customer object to changes to the imagelooop Terms of Use within this period of 30 days, the company reserves the right to terminate the contract it has made with the customer so as to allow the new Terms of Use to take effect.

6    Additional Terms of Use

6.1   

The contracts described below are based only on German law and are not intended to be applied to the law of any other country.

6.2   

The customer may only concede the rights or responsibilities as detailed in the contract to a third party after he or she has received the written agreement of imagelooop. Only a written permission of this kind is deemed valid.

6.3   

Should the designation of these Terms of Use or the contract clauses on these pages be deemed ineffective or impossible to implement, the effectivesness and implementation of the remaining Terms of Use and contract clauses will remain uneffected. This does not apply in cases where third parties have demonstrated that adherence to the clauses of the contract would cause them unreasonable disruption or difficulty.

6.4   

imagelooop headquarters are located in Cologne, Germany. The area of jurisdictation in cases of legal disputes is Cologne, Germany. This does not apply, however, to monition cases or dunning procedures. Both parties also reserve the right to institute legal proceedings at the registered office or the local court of jurisdiction of the company in question.

6.5   

Oral subsiduary agreements are insufficient. Additions and alterations only become effective through a written notification sent by imagelooop to its customers. This also applies to cases where the need for a written notice may be waived.

6.6   

In order to ensure that all contractual obligations, as specified within these Terms of Use, are fulfilled, imagelooop reserves the right to employ the services of third party companies and partner companies.

6.7   

Signees of both contractual partners are also bound by the contractual responsibilities as laid out in these Terms of Use.

6.8   

For as long as a customer actively uses a product as described in the imagelooop contract or engages the services of imagelooop, imagelooop can name this customer through use of the corresponding company logo.

6.9   

Apart from the payment of moneys owed, signees to the contract as specified in these Terms of Use are freed from their contractual obligations in the event of any of the following exceptional circumstances: strikes or lock-outs, fire, flooding, restrictions imposed by public authorities, delays or failures in the services of subcontractors, earthquakes, disruption caused by failures in the communications networks of other operators or other circumstances beyond the control of the parties involved.

7  Data Protection

7.1   

imagelooop will only ever handle, process or use the personal data of customers without prior consent for the fulfillment of contractual obligations.

7.2    

The handling, processing and use of data is carried out electronically. Customers are advised that imagelooop is authorised to detect, contain and solve any errors in or disturbances to its telecommunications systems. Additionally, imagelooop is authorised to handle, process and use the stock data and records of customers when necessary. Should the need arise, imagelooop is permitted to handle, process and use the stock data and records of customers in order to detect and prevent abuses of its telecommunications systems and networks. In such cases, imagelooop will provide information to the relevant authorities to aid with the prosecution of illegal activity.

7.3   

For advertising purposes, market research and for the proper functioning of its services, imagelooop provides users with profiles, normally completed using a pseudonym. The user retains the right to block any use or handling of his or her personal details. When requested, imagelooop will provide promptly and free of charge details of any data that has been saved on or added to the user profile of any customer. Such information can also be sent proivided electronically to the customer.

7.4   

imagelooop reminds customers that, at present, data proctection and data security cannot be 100% guaranteed on open networks such as the internet. Customers should be aware that the provider may at any time view data that has been both saved and deleted on the webserver for technical purposes. It is also possible that other unauthorised internet users could gain access to the network and, if successful, could gain control of the site's communication systems. The customer is solely responsible for the protection and security of all data he or she submits to the internet and saves on webservers.

7.5   

Regarding the distribution of emails for technical support, technical announcements, general information and details of new developments, the customer agrees to abide by the imagelooop Terms and Conditions for the duration of his or her contract.

7.6   

The customer retains the right to view and modify any data he or she has saved on the imagelooop website. The complete ersaure of data may only be carried out once a written request from the customer has been received by imagelooop and the customer's identity has been confirmed. Once this request has been received, the data in question will be rendered inaccessible. The customer will also be removed from all mailing lists. The data will be erased definitively during the next reorganisation of the imagelooop databank. This takes places at intervals of up to 14 days. It is unlikely but nevertheless possible that the customer may continue to receive emails from imagelooop in the intervening period.

7.7   

In accordance with the German Data Protection Act, responsibility lies with imagelooop GmbH, im Mediapark 4d, 50670 Cologne, Germany