1 General

  1. The following general trading conditions (AGB) are a component for the use of of all of our services.
  2. The following conditions in their appropriate valid version apply to future supplies and services, even without renewed notification of the user.
  3. Responsible for the content of (pictures, files, texts, etc.) of the sites, is exclusively the person, by whom the content was conveyed. The content is examined or censored by us neither for correctness, illegality or otherwise in any form. Web marketing, Inc. is neither liable in the case of a broken law nor in the case of a breach of the copyright on the part of a user. This refers both to publicly accessible data (e.g. WWW), and to private data (e.g. email).
  4. Each user is personally responsible for the content, which is used over his entrance data with our service and thus exempts Web marketing, Inc. from responsibility.
  5. If individual regulations of these terms of use should be or become invalid in accordance with valid right or should the conditions contain a fill out-needy gap, then this does not affect the effectiveness of the remaining regulations. The appropriate regulation has to be replaced in each case by one, that earliest fullfills the desired purpose.
  6. Web marketing, Inc. reserves itself the right to change the AGB at any time without previous announcement. Each user is notified and must accept the changed AGB, in order to be able to participate further. If the user accepts the changes, they become immediately effective. If the user contradicts the changed AGB, he is not entitled to participate further and must remove its content from our server immediately.

2 Offers/Cancellation

  1. Our offers are free of charge.
  2. A contract, of which this AGB forms the basis, comes about with the registration to this offer.
  3. We reserve ourselves the right to stop or change our free offer at any time, without claims for compensation of resulting damages on the part of the user or webmasters. We are entitled to exclude individual users from the service without further notice. We neither ensure the continuous nor the proper use and availability of this service. The use takes place on own responsibility and at one's own risk. We are not liable for unexpected incidents. Possible claims for compensation of resulting damages on the part of users are impossible.
  4. Both the user and Webmarketing, Inc. have the right to terminate the membership at any time without indication of reasons.

3 Description of service

  1. We offer a free disk-space account with subdomain. Further services such as E-Mail, cgi, telnet, PHP, Mysql etc. are not contained.
  2. Ads are shown on the sites of the user to finance the service.
  3. We are anxious to ensure a constant availability of the service. A claim to constant availability does not exist however.
  4. The free services as well as the support of the participant by E-Mail, telephone or the like are provided voluntarily. There is not a claim to it.

4 Rights and obligations of the participant

  1. with the inquiry of personal data of the user by the service, the user has to give these data compellingly truthfull. These data are stored electronically, but are not passed on to third party, as long as no violation of the law is present.
  2. The participant has to ensure that its access cannot be used by a third. He is obligated not to pass his password and other userdata not on to a third.
  3. It is not permitted to use the Web space for downloads or graphics (like e.g. banners or pictures), to integrate it into another internetpresentation, i.e. if a picture lies on our server it has to be called from our server, it is not allowed to put it into an existing internetpresentation as an external picture.
  4. The participant assures to convey no material which hurts the right of third or breaks legal regulations.
  5. The participant is obliged to treat the access data confidentially and to indicate any abuse with it as quick as possible.
  6. The participant agrees to receive our newsletter or a short advertising message at irregular intervals.
  7. We do not take responsibility for a possible damage or the loss of the transferred data, the user is responsible for a backup of his data himself.
  8. If the user chooses the option Postcard, he allowes others to send the picture as a postcard or e-card. The photographer's name will will be shown on the postcard(s) or e-card(s).
  9. If the user chooses the option Calendar, he allowes others to print the picture as a calendar. The photographer's name will bei show on the calendar.

5 Unwanted contents

  1. With this free service it is forbidden to load up or otherwise publish sites with illegal content.
  2. Furthermore all illegal content is forbidden, in particular content, which promotes racial hatred, contempt for human beings or representations or descriptions sexual actions with children or animals.
  3. Illegal contents like e.g. child pornography are brought without preliminary warning and exceptions immediately to the notice of the responsible authorities.

6 Photo contest

  1. With the participation in the contest the user agrees that his name as well as the winner s picture are published and stored for the contest site for unlimited time, even if the photo and/or the account is removed by the user.
  2. The user guarantees that he disposes of all rights in the displayed picture. The user owns the unrestricted utilization rights of all picture parts. He assures to convey no material which hurts the right of third or breaks legal regulations. Should one or several persons be photographed on the photo, the concerning persons must agree with the fact that the picture is published.
  3. Per winner there will only be one prize.
  4. Every user can participate with 3 pictures maximum in the contest.
  5. The participating photos may not have already participated in one of our contests or in any other photo contest before.
  6. The pictures can only be digitally transferred to our server.
  7. The photo contest ends on 31 August 2008.
  8. All prizes can be fetched within the first week after the contest end in our shop in Berlin-Wilmersdorf.
  9. The dispatch takes place on 16 September 2008.
  10. A disbursement of the won price is not possible.
  11. The team of Photos.sc is not allowed to compete in the competition.
  12. There is no legal recourse.