Data Protection / Conditions of Use “Photoglobus”

1. The internet offer photoglobus.prophoto-online.de of Prophoto GmbH comprises the possibility for participants to place their own photos and comments on this portal. The account with photoglobus.prophoto-online.de is free-of-charge.
2. With their registration on the photoglobus.prophoto-online.de portal of Prophoto GmbH, participants accept these conditions of use as binding. Prophoto GmbH does not accept any conditions to the contrary.
3. Participants alone are responsible for ensuring that the photos and comments which they place on the portal photoglobus.prophoto-online.de do not infringe any laws or rights (this applies in particular for copyrights, see item 6) and that these photos and comments are not detrimental to the reputation or standing of third parties. Participants are responsible for ensuring that their entries do not contain any viruses or other elements which can impair the functioning of the hardware or the software of Prophoto GmbH or of third parties. Photos and comments placed on the portal by participants must not serve to advertise or to offer products or services. Participants must not use for commercial advertising the data and email addresses of third parties which participants receive through photoglobus.prophoto-online.de.
4. Prophoto GmbH is under no obligation to publish on photoglobus.prophoto-online.de any photos and comments sent to Prophoto GmbH.
   Prophoto GmbH has the right to remove, at its own discretion and at any time, photos and comments from photoglobus.prophoto-online.de; this applies in particular where an infringement of these conditions of use is suspected.
5. By placing photos on this portal, participants give the right to Prophoto GmbH(www.prophoto-online.de) to use these contents, together with a mention of the originator, within the joint initiative “Photoglobus”, in the internet offer of Prophoto GmbH, in press and public relations activities, and in communications drawing attention to this internet offer. Participants warrant that they have the right to make available these contents to Prophoto GmbH for these purposes, and participants give Prophoto GmbH all necessary rights of use worldwide for these purposes. Publication is made in the interests of participants as co users, with Prophoto GmbH bearing the costs; this assumption of costs also settles any claims for compensation for use which participants may have.
6. Participants warrant that any publication of photos and comments sent by participants to Prophoto GmbH does not infringe any copyrights, personality rights or any other rights of third parties. Participants release Prophoto GmbH from any and all third-party claims, which third parties might bring against Prophoto GmbH based on contents sent by participants to Prophoto GmbH. Participants bear the legal costs for defence against such claims.
7. Participants in photoglobus.prophoto-online.de must not use this portal to distribute advertising or mass emails. Participants in photoglobus.prophoto-online.de must not use this portal to offer products or services. Contents placed on photoglobus.prophoto-online.de must not contain any software, applications, programmes, viruses or any other data which impair or damage photoglobus.prophoto-online.de. Comments must not be of molesting, abusive, defamatory or damaging nature. photoglobus.prophoto-online.de must not be used for any contents of pornographic, child-endangering, national socialist, violence-glorifying, racist or similar nature.
8. Prophoto GmbH has the right to make copies of contents for the purposes of the joint initiative “Photoglobus” and for own personal, non-commercial uses and archiving, on condition that captions and other information on sources not be tempered with or deleted. All other uses of contents require the previous consent of the right holder; this applies also for excerpts and in particular for commercial purposes.
9. Participants warrant the correctness of information provided in their registration, including details about their identity. Participants undertake to update this information as necessary. Regarding the password chosen for their registration, participants undertake in their own interests to treat this password confidentially and to inform Prophoto GmbH without delay about any unauthorized use. Prophoto GmbH has the right to deactivate at any time any selected password; Prophoto GmbH will inform the concerned participant(s) without delay about this step.
10. Prophoto GmbH ensures compliance with statutory data protection provisions. Prophoto GmbH processes and stores personal data only where this is permitted or required by law or where participants have given their consent. By registering for photoglobus.prophoto-online.de participants expressly consent to the publication of thus provided data by Prophoto GmbH within its website (photoglobus.prophoto-online.de) according to these conditions of use and to the use of thus provided data by Prophoto GmbH for surveys among participants. In suspected cases of criminal acts, investigating authorities can identify users, resorting to data from the access provider.
11. Cookies are required for logging in. Cookies are small text files which are stored on computers of users when visiting photoglobus.prophoto-online.de. Cookies help improve photoglobus.prophoto-online.de. Furthermore, cookies enable Prophoto GmbH to gain information about user settings and to provide functions. Users of photoglobus.prophoto-online.de can disable cookies in their browser. However, in this case it might be no longer possible to fully benefit from the functionality of the homepage.
12. Prophoto GmbH is subject to the legislation of the Federal Republic of Germany and in particular to the federal data protection act (Bundesdatenschutzgesetz/ BDSG) and the telemedia act (Telemediengesetz/TMG).
13. Where accounts are deleted, relevant information is deleted after a period of no longer than two months where this is possible and legally permissible. Comments and similar contents remain stored after deletion of accounts.
14. Registration of an account means acceptance of the conditions which regulate the use relationship between Prophoto GmbH and the account holder. Prophoto GmbH does not accept any conditions to the contrary. These conditions of use serve to protect and to defend the rights of account holders, the rights of Prophoto GmbH, and the rights of third parties within the operating of photoglobus.prophoto-online.de.
15. In the event of breaches of duty, Prophoto GmbH and parties assisting Prophoto GmbH are liable only in cases of wilful intent and/or gross negliglence, unless a cardinal duty is infringed and where there are no legal provisions to the contrary. Where this is legally permissible, Prophoto GmbH and parties assisting Prophoto GmbH are liable only up to the amount of damages as typically foreseeable. Prophoto GmbH does not guarantee uninterrupted availability of the offer of photoglobus.prophoto-online.de. Prophoto GmbH reserves the right to change parts of this offer. Prophoto GmbH accepts no liability for contents which are accessed through links that discernibly lead outside the offer of photoglobus.prophoto-online.de. Prophoto GmbH has no influence on the contents of such external websites and does not endorse their contents.
16. Should any provision of these conditions of use be found invalid or unenforceable, it is replaced by a valid or enforceable provision which comes closest to the legal concept of the invalid or unenforceable provision. These conditions of use are subject to the laws of the Federal Republic of Germany. Where permissible, the place of jurisdiction for any disputes arising in connection with photoglobus.prophoto-online.de is Frankfurt am Main.

Frankfurt am Main, May 2010
Prophoto GmbH