General Terms and Conditions of Business for the Use of ARTDOXA
1.1 Through the use of this website, the user declares his agreement with the applicability of all the following General Terms and Conditions of Business for the Use of ARTDOXA (hereinafter: “GTC”).
1.2 All websites on which the services of ARTDOXA are made available are hereinafter together called the “ARTDOXA Websites”.
1.5 The operator of the ARTDOXA Websites is Die ILLUSTRATOREN corinna hein GmbH, Güntherstr. 51, 22087 Hamburg, Germany. Further information and contact data can be found in the Imprint setting out the details of the persons responsible for the page.
2. Object of contract and membership
2.1 ARTDOXA offers registered users a contact and presentation forum free of charge (hereinafter: “Free Membership”).
3.1 In order to become a member, and thus to take advantage of the services associated therewith, the user must register himself beforehand.
3.2 The user warrants that all details given by it for the purpose of registration are correct and complete. The user is obliged to inform ARTDOXA immediately and comprehensively in writing in the case of any changes to his user details, such as name or address.
3.3 Each user may register up to three times with ARTDOXA, and place corresponding user profiles.
4. Obligations of the user
4.1 The user undertakes only to give accurate and non-misleading details, both in his profile and in communications with other users. The user guarantees to ARTDOXA that he will not utilise the ARTDOXA Websites for any purpose which is illegal or prohibited under these GTC.
4.2 The user is strongly recommended also to save on his own equipment all pictures and contributions which he uploads onto the ARTDOXA Websites, since ARTDOXA accepts no liability, either for the saving of the data or for possible loss of data (see below).
4.3 The user furthermore undertakes, in using the ARTDOXA Websites, to comply with the applicable statutes, and not to infringe the rights of third parties. In particular, the user undertakes
4.4 The user further undertakes to refrain from the following:
5. Rights to the contents of the ARTDOXA Websites
5.1 The user hereby guarantees that he is the sole holder of all proprietary rights, copyrights and rights of use of the pictures, graphics, photographs, paintings, reproductions, videos, texts etc. (hereinafter “Contents of the User”) uploaded onto the ARTDOXA Websites, and also that the Contents of the User and the use of the same within the scope of this Contract do not infringe any contracts or rights of third parties and/or laws, and in particular do not infringe any copyrights, trademarks, licences, personality rights or rights of ownership or possession of third parties.
5.2 Through the loading of the Contents of the User onto the ARTDOXA Websites, the user grants ARTDOXA an unrestricted, irrevocable and assignable right of use of the Contents of the User. ARTDOXA shall be entitled to all types of exploitation, in particular to the permanent holding available of the Contents of the User on the ARTDOXA Websites, and also to any other marketing of the forum.
5.3 A user shall only be authorised to use and/or disseminate contents of other users if he has received the prior written consent of the respective user to the intended use and/or dissemination.
5.4 The entire other contents of the ARTDOXA Websites, including all data, pictures, graphics, photographs, paintings, reproductions, videos, texts, software, programming and other elements are the property of ARTDOXA, and are protected by proprietary rights, copyright and possibly trademark rights, even where no express notice of this has been posted in relation to the respective contents. The infringement of these rights is a criminal offence. No reproduction, modification or use of the above-mentioned contents of the ARTDOXA Websites is permitted.
6. Reservation of the right to make changes
6.1 ARTDOXA reserves the right to change or discontinue the services offered on the ARTDOXA Websites without notice, provided the user can reasonably be expected to accept the same.
6.2 ARTDOXA shall further be entitled, in the event of a breach of these GTC or the applicable law, to remove any contents, including the Contents of the Users, from the ARTDOXA Websites without any announcement and without specifying the reasons, and to block the user access as well as all member accounts attributable to the respective user. However, no obligation exists on the part of ARTDOXA to check, edit, delete or block any pictures or contributions. No claim exists on the part of the user to publication of pictures or contributions on the ARTDOXA Websites.
7. Exclusion of warranties
7.1 The ARTDOXA Websites, as well as their contents, are made available “as they are”. ARTDOXA gives no warranty, in particular in respect of the topicality, correctness, completeness, marketability, suitability for a specific purpose or in respect of the quality of the ARTDOXA Websites or the information provided. The contents of the website do not represent any warranty or representation.
7.2 ARTDOXA likewise gives no warranty in respect of the contents, data and/or information provided by the users of the ARTDOXA Websites, in respect of the actual identity of the user or in respect of any contents on linked external websites.
7.3 ARTDOXA will endeavour as far as possible to hold the ARTDOXA Websites continuously available during the term of the Contract. For technical reasons, no warranty can be given, either for this or for the saving of data.
8. Limitation of liability
8.1 ARTDOXA, its representatives, employees and vicarious agents (in the following provisions, together designated as “ARTDOXA”) shall, regardless on which legal grounds, be liable exclusively in accordance with the following provisions.
8.2 ARTDOXA shall be liable neither for any interruptions or errors of the ARTDOXA Websites, nor for ensuring that the contents of the ARTDOXA Websites are free from errors, omissions, defects or viruses, nor for the accuracy or legality of the contents. Exclusively the respective users shall be liable for the Contents of the Users. ARTDOXA shall not be liable for any loss of data.
8.3 ARTDOXA shall only be liable, regardless on which legal grounds, for actions arising from deliberate intent or gross negligence, except in the case of breach of fundamental contractual duties.
8.4 Except in the case of deliberate breach of contract, ARTDOXA shall not be liable for any loss of profit, loss of savings, indirect damage and/or consequential damage.
8.5 The liability of ARTDOXA shall, except in the case of deliberate breach of contract, be limited in any case to the damage reasonably foreseeable at the time of conclusion of the contract.
8.6 Liability on account of culpable injury to life, limb or health shall remain unaffected by the above-mentioned limitations on liability.
9. Indemnification from liability by the user
9.1 The user shall indemnify ARTDOXA, its representatives, employees and vicarious agents from all claims which may be asserted against ARTDOXA on account of any breach of the obligations laid down and any guarantees given by the user in these GTC and or otherwise in the course of the performance of this Contract. This shall also include the reimbursement, the defence and the exemption from all costs, including legal and court costs. Further-reaching claims for damages by ARTDOXA remain reserved.
9.2 The provisions relating to indemnification from liability shall also remain applicable following the end of the Contract.
10. References, links and cookies
10.1 The ARTDOXA Websites may contain direct or indirect references to other websites (“hyperlinks”). ARTDOXA shall not be not responsible for any information on websites which can be reached via hyperlinks of this website, and therefore assumes no liability for the contents on pages of other providers.
10.2 The integration of such links and references into this website implies neither any approbation of the information on such websites nor any connection to their operators.
10.3 During the visit to the ARTDOXA Websites, a so-called cookie, a small text file, is placed in the browser list of the hard disk of the user’s computer, and can be read out again at the next visit. A cookie includes information as to the date and time of the visit to the website, as well as data concerning the searches carried out. If the storage of cookies is deactivated in the browser, or the cookies are deleted, these advantages will not be available to the user.
11. Final provisions
11.1 The user shall not be entitled to assign his claims against ARTDOXA to third parties.
11.2 The user may only exercise a right of set-off against claims of ARTDOXA if the counterclaim of the user is undisputed or has been judicially decided and is final and legally binding. The user may only assert a right of retention in so far as the same is based on claims arising from the same contractual relationship.
11.3 German Law shall apply, subject to the exclusion of the UN Convention on the International Sale of Goods. The place of performance shall be Hamburg.
11.4 Hamburg shall be the exclusive court venue, provided the user is a business, a legal entity established under public law provisions or a body comprising special assets established under public law.
11.5 Should individual provisions of these Terms and Conditions be or become ineffective, the effectiveness of the remaining provisions shall not be affected thereby. In place of the ineffective provision, a substitute arrangement shall apply which most closely corresponds to the purpose sought to be achieved with the ineffective provision.
Copyright ARTDOXA, Hamburg 2007-2010. All rights reserved.