First draft: December 14, 2015.
Read and enjoy…
1. YOUR AGREEMENT WITH PICTOPLASMA / PICTOFOLIO
Your relationship is with Pictoplasma, a German company, and you agree to be bound by the laws of Berlin and the laws of Germany.
2. YOUR CONTENT BELONGS TO YOU
Crisp and clear: You alone retain all rights in your content. We don’t claim any ownership over the Content that you post on Pictofolio.
Nonetheless, we do need certain licenses to your content in order to operate and enable our Services: When you post or transfer Content to the Pictofolio website, you give us a so called non-exclusive, royalty-free, world-wide, perpetual, transferable license to use, store, reproduce, adapt (so we can properly post your Content), distribute and publicly display your Content in order to provide the Pictofolio Services.
“Content” includes any content or creative expression that you’re able to upload, post or share on Pictofolio, including text, images, files, animations, logos, comments, or otherwise. The license granted by you is for the only purpose of operating, marketing, promoting, and improving our Services. We will always first get in touch with you personally, should we ever plan to incorporate your content into an exhibition, a publication, any promotional materials, or otherwise make use of it.
3. YOU ARE RESPONSIBLE FOR YOUR CONTENT
You are responsible for the Content you submit to Pictofolio. You assume all risks associated with it, including accuracy, intellectual property claims, or any other legal rights claims. You represent and warrant that (i) you either own the Content you post, or that you have all necessary rights to post that Content on Pictofolio, (ii) your Content does not infringe any third party’s rights, and (iii) you can grant the licenses you grant in these Terms.
When you post something on Pictofolio, you are agreeing to allow other Pictofolio users and basically the public to view and display your Content. Consider the Content you post on Pictofolio to be publicly available indefinitely since it may be distributed by other Pictofolio users through social media or otherwise, or be cached on third party search engines, even after your Pictofolio account is terminated. Be aware that it is extremely difficult to remove content from the Internet that becomes publicly available.
We reserve the right (though we have no obligation) to refuse or remove any Content you post on Pictofolio for any reason.
You understand that when using the Pictofolio Services, you may be exposed to content from a variety of sources, and that Pictofolio/Pictoplasma is not responsible for the accuracy, usefulness, safety, awkwardness, or intellectual property rights of, or relating to, such content. You may be exposed to content that is inaccurate, offensive, indecent, maybe even sexually explicit, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Pictofolio with respect thereto.
At any time, you may delete your Content from the Pictofolio Services, or delete your entire account in your account “Settings.” Additionally, we reserve the right to terminate or suspend your account at any time, with or without notice. When your account is terminated, you no longer have the right to access or use the Pictofolio Services. When you delete Content or your account is terminated, we will use reasonable efforts to remove all of of your Content from the Pictofolio Services. However, there may be a delay between your request and when the Content or account is publicly visible due to technical or operational limitations. Note that we do retain backups of Content on our servers, and some of your Content may remain on our servers (though not publicly visible) even after you ask to have it deleted. If you delete your account or Content, it will however be permanently unrecoverable.
4. HELP US KEEP PICTOFOLIO CLEAN & RESPECTFUL
The Pictofolio complies with the Digital Millennium Copyright Act (“DMCA”). We will terminate copyright infringers when legally required or appropriate.
For example, if you see your Content on Pictofolio being used without your permission, please contact us immediately for receipt of infringement notices here:
or by calling +49 (0)30 4611 2611, and – preferably – by emailing pictoplasma (at) pictofolio (dot) com
Your notice must comply with the DMCA: For your request to be valid, you must provide the following information in writing: (a) An electronic or physical signature of a person authorised to act on behalf of the copyright owner; (b) Identification of the copyrighted work that you claim has been infringed; (c) Identification of the material that is claimed to be infringing and where it is located on the Service; (d) Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, e-mail address; (e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or law; and (f) A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorised to act on behalf of the owner.
5. OUR SERVICES
We may modify our Services at any time, since the Pictofolio Services are a constantly changing and evolving service. We may delete or modify any part or all of this Service at any time, without notice. We intend to add features and functionality from time to time, and we reserve the right to limit use of certain features or functions. We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
If you haven’t uploaded a profile picture, header image or further profile information within 60 days of creating your account, we may remove your account and allow another user to select your username. We may send you a warning e-mail before doing so. Also, if you haven’t logged into your account for 365 days, we may delete your account to make room for new users. Again, we will probably send you a warning email to let you know that your account is about to be removed, giving you a chance to log in and keep your account live. If you use a robot to post random shit on Pictofolio, or to sign up for multiple accounts, and we find out – we’ll definitely delete your account(s).
As is in the nature of things, Pictofolio.com contains uncountable links to third-party websites or resources. You acknowledge and agree that the Pictofolio Services are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Pictoplasma and the Pictofolio Services of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Property We Own and Restrictions
Pictoplasma owns all rights to our logo, the Pictofolio Services, and our website, including any intellectual property rights related to them. You may not reuse, distribute, copy, or duplicate any part of the Service without express written permission from Pictoplasma.
While you are currently invited to enjoy the site for free and watch it grow, in the future, Pictofolio may offer some features or functionality for a fee. Should that happen, you’ll be responsible for any applicable sales taxes or other charges arising from the transaction. Also note you’d be paying for a feature or functionality, but you wouldn’t own it – you’d purchase the right to use or access that feature or functionality. Pictofolio may charge fees at any time in its discretion. But not soon.
Security and Responsible Disclosures
We do our best to protect the Pictofolio services from security vulnerabilities.
We appreciate help finding vulnerabilities and bugs in Pictofolio’s website, technology and interface. If you are a security specialist and find a vulnerability, or if you are a design aesthete and see something terribly unpleasant to the eye, please let us know right away. Please note, however, that while doing your research you may not destroy or hurt our website, harm the performance of our services, or violate the privacy of our users, their accounts, and data. As long as you work within the bounds of these rules and our policies, we are grateful for your help.
Use Of Personal Information
We process personal information collected via this website to enable us to operate your account with us. We keep a copy of the information you provide to us for our own internal purposes.
If you subscribe to our Email-Newsletter, we will inform you about our activities.
We will only disclose personal information to other companies within our group of companies, successors in title to our business and suppliers we engage to process data or perform services on our behalf.
We recognise the concern you may have regarding privacy of information. We take great care to protect information provided by you from theft and unauthorised inspection or use. We will soon use industry standard Secure Socket Layer (SSL) encryption to ensure the highest security for credit cards and personal details submitted to us.
Internet Based Transfers
Given that the Internet is a global environment, using the Internet to collect and process personal data necessarily involves the transmission of data on an international basis. Therefore, by browsing this website and communicating electronically with us, you acknowledge and agree to our processing of personal data in this way.
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