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Terms of Use
1.
General
1.1
Access to and use of our online services is subject to the following Terms of Use. Please read them carefully, since acceptance of these Terms of Use is a prerequisite for using these online services. By using our website, you enter into a binding agreement accepting these Terms of Use.
Please also note that the following provisions may change at any time.
1.2
These Terms of Use cover the entire content of this website, including its informational content, design, layout, graphics, images, animations, audio, telemedia, and video communications services and software programs.
1.3
Certain areas of this website may be subject to additional terms and conditions supplementing these Terms of Use. We will always advise you separately of such additional terms and conditions. You should read these additional terms and conditions carefully before accepting them and making use of the particular areas.
2.
Copyright
2.1
The entire content of this website is copyright-protected. With the exception of personal use, you shall not be permitted, to store, copy, modify, publish, forward, or otherwise use the content of this website without the prior written consent of H&M System Software GmbH i.L.
2.2
All trademarks, logos, or other identifiers used on this website, particularly "H&M" and "StudioLine," are property of H&M System Software GmbH i.L. in the United States of America and the European Union.
2.3
The use of these registered trademarks is not permitted without the written consent of H&M System Software GmbH i.L.
3.
Use of Software
The use of software downloaded from or provided by this website is subject to the provisions of the Copyright Act and the software license agreement included with it. You may not download and install the software until you have read and accepted the terms and conditions of the software license agreement.
4.
User Forums, Online Storage and Exchange
4.1
This website provides communications services. H&M System Software GmbH i.L. reserves the right – but it is not obligated – to moderate any and all areas of the website to which users transmit information or in which they communicate with each other, including all chat rooms, bulletin boards, news groups, online storage for the exchange, sharing or transmission of media and other files, or other user forums, with respect to content and otherwise.
4.2
H&M System Software GmbH i.L. assumes no liability for the content of such transmissions on any legal ground whatsoever.
4.3
H&M System Software GmbH i.L. reserves the right to remove content that was transferred as part of a free-of-charge offering, in whole or in part, at any time. The views and opinions expressed in our user forums or online exchange do not necessarily reflect the views and opinions of H&M System Software GmbH i.L.
5.
Special Usage Rules for the Online Storage and Exchange
5.1
The use of our online services for storing and sharing photo and other files, includes the ability to upload copies of one’s own photos and other files, subject to the allocated storage capacity.
5.2
Every user is solely responsible for any photos and files uploaded to our online storage and exchange. By registering for our online storage and exchange, the user agrees not to violate laws or other rules in the course of his participation. In particular, every user agrees
5.2.1
to upload his photos and files solely on behalf of himself and not on behalf of third parties;
5.2.2
not to transmit any photos, files and/or other contributions to our online storage and exchange whose reproduction would constitute an infringement of the copyrights or other (intellectual property) rights of third parties;
5.2.3
not to upload any irretrievable originals;
5.2.4
not to use our online storage and exchange for content that is pornographic, harmful to minors, Nazi, a glorification of violence, racist, or the like;
5.2.5
not to offend, defame, or otherwise disturb or harm third parties;
5.2.6
not to engage in advertising or disseminate advertisements;
5.2.7
not to transfer content to our online storage and exchange that contains software, applications, programs, viruses, or other data that could impair or damage the functioning of the hardware, software or networks of our website or of third parties;
5.2.8
not to use other users’ data and e-mail addresses obtained through the use of our sharing service for commercial advertising or to send unwanted advertising.
5.3
Our free-of-charge offering implies no right to actually have photos, files and/or other contributions made available on our online storage and exchange.
5.4
Except if provided by the terms of a service agreement, there is no right to the availability of published photos, files and/or other contributions, or to a certain display format. However, there is never any right to an uninterrupted and permanent availability.
5.5
The user is solely responsible for the photos, files and/or other contributions he uploads. Acceptance of the data by the online storage and exchange as part of our free-of-charge offering do not give rise to any obligation on our part and may not serve as the basis for any claims against us by the user. In particular, for such offering we are not liable for any losses that may arise from the non-publication, non-availability, reformatting, modification, removal, or loss of photos, files and/or other contributions.
5.6
The user agrees
5.6.1
not to provide any false or ambiguous information at registration;
5.6.2
not to register under a false identity, and
5.6.3
to keep his information up to date.
The password chosen during registration is to be kept confidential. The user is solely responsible for all activities engaged in with the use of his password. He agrees to give us prompt notice of any unauthorized use of the online storage and exchange under his name. Noncompliance with this obligation entitles us to terminate use, effectively immediately.
6.
Right to Inspect the Online Storage and Exchange
6.1
In general, we do not check proactively whether photos, files and/or other contributions violate the law. However, we reserve the right to examine, edit, delete, or bar photos, files and/or other contributions at our discretion. In addition, in cases of violations of law, common standards of decency, these Terms of Use or any other good cause, we shall also promptly remove any photos, files and/or other contributions from our online storage and exchange at our discretion. This also applies if a violation of law is suspected.
6.2
If third parties notify us of an obvious violation of law, we will not only promptly bar the specific contribution but also attempt suitable measures to prevent further such violations, to the extent possible. Please direct any such notices to Legal@HM-Software.com.
7.
Right to Use
7.1
By transmitting photos, files and/or other contributions to our server, the user warrants that he has the right to make this content available to us. At the same time, he grants us the right to use this content. The right of use granted to us shall include the revocable right to worldwide reproduction, distribution, transmission, public dissemination, publication, or other comparable use of the content transmitted limited to our online services and without any expectation of compensation.
7.2
The right to use may be revoked at any time by deleting the photos, files and/or other contributions.
8.
Limited Liability and Indemnification
8.1
Any obligations arising out of the receiving of data into our online storage and exchange servers are limited to those agreed upon in a service agreement. Any liability for direct damages due to non-publication, lack of availability, non-delivery, change in format, alteration, removal or loss of photos, files and/or other contributions are limited to the extent specified in the service agreement and shall never exceed the user’s fees paid for the usage of the online storage and exchange.
8.2
We assume no liability whatsoever for any indirect or consequential damages (particularly lost profit, lost data, or production stoppages).
8.3
If the use of this website or the content offered on this website causes you to have your equipment or data serviced, repaired, replaced, or otherwise corrected, H&M System Software GmbH i.L. will not assume the costs thereof. This also applies to technical malfunctions, harmful components, and unavailability of the website.
8.4
If a user account or uploaded photos, files and/or other contributions are deleted or blocked, our maximum liability shall be limited to refunding the unused portion of any annual fees paid by that user. This also applies to technical malfunctions, harmful components, and unavailability of the website.
8.5
The limited or disclaimed liability described in previous paragraphs 8.1 through 8.4 do not apply in cases of intentional conduct or gross negligence. We shall be liable for death or bodily injury or damage to health in accordance with the provisions of law. This also applies claims governed by product liability laws.
8.6
The user shall indemnify us against all claims made against us by third parties due to violations of their rights, particularly their copyright, license, fair commerce, or other intellectual property rights, based on the content transmitted by the user. He shall reimburse us for the costs of any litigation resulting from his unlawful content. In addition, the user agrees to make his best effort to support us in responding to all third party claims based on his content and, in particular, to provide us with all documents needed for our defense.
9.
Links to other websites
The links to third party websites on this website are provided only as a convenience to users. When you use such a link, you leave our website. H&M System Software GmbH i.L. has not reviewed these third-party websites, has no influence on them, and assumes no responsibility for their content. For this reason, H&M System Software GmbH i.L. makes no representations about these websites, the information, software, or other products or content they contain, or the results obtained from their use. The user accesses a third party website via a link on this website at his own risk.
10.
Restricted Responsibility
10.1
The content on this website is provided with no guarantees. H&M System Software GmbH i.L. makes no guarantee as to its accuracy, completeness, or suitability for a particular purpose.
10.2
H&M System Software GmbH i.L. provides no manufacturer’s guarantee that the content on its website is free of third-party rights and that it does not infringe on intellectual property rights. H&M System Software GmbH i.L. can modify the content of this website or the products and prices referred to therein at any time without prior notice.
10.3
The content on this website may no longer be state of the art. H&M System Software GmbH i.L. is not required to update the content on this website.
11.
Data Protection
All regulations on this topic can be found in our
privacy policy
.
12.
Jurisdiction and Applicable Law
12.1
This website is administered by H&M System Software GmbH i.L. These Terms of Use are subject to the laws of the Federal Republic of Germany.
12.2
For business users, the competent courts in Darmstadt, Federal Republic of Germany shall have jurisdiction over all legal disputes. H&M System Software GmbH i.L. makes no claim as to whether the content of this website is suitable for use outside the Federal Republic of Germany or whether accessing the content of this website outside the Federal Republic of Germany is permissible. Such access is at the user’s own discretion and risk. The user himself is responsible for compliance with the applicable local laws.