myClip Studios AGB

myClip Studios AGB General Terms and Conditions

1. Scope of Applicaton

   All deliveries, services, and offers of Voss & Sonnenberg, thereafter called V&S, are governed exclusively by these General Terms and Conditions. By placing an order the Purchaser accepts those Terms and Conditions. Any provision in derogation of these terms, will have to be confirmed by us in writing. The conditions of sale shall also be in force for all future business dealings with the Purchaser, unless otherwise agreed upon in writing. The Purchaser may print the General Terms and Conditions for the purpose of an online order.



2. Formation of Contract

   The Purchaser may give V&S the order to edit photos digitally and other services he or she may require in connection with the order. The contract shall be concluded when the Purchaser’s electronically submitted order is confirmed via e-mail. The Purchaser shall register first, then the offers of V&S can be accessed. At the time of registration the Purchaser receives a username and password. The condition for a legally binding contract between V&S and the Purchaser is the successful registration and the electronic transfer of photo material to V&S or the electronically transmitted order for services from V&S via internet or on their webpage. That procedure constitutes the Purchaser’s acceptance of the Terms and Conditions. The data provided during registration shall be accurate and true. In case of any relevant changes in the registration data, the Purchaser shall promptly inform V&S via e-mail with the reference note "Change of Data."



3. Right to Cancellation

   V&S shall have the right to cancel an offer or not carry out an order, if they find that there are spelling mistakes and/or mathematical errors or falsities on their website.



4. Terms of Delivery and Shipping

   Unless otherwise agreed, the delivery terms for an order are governed by the conditions as specified on the V&S website. Shipping cost including the cost of any returns are the sole responsibility of the Purchaser. Any returns due to delivery of a faulty product or due to wrong deliveries are excluded from the previous provision. V&S shall have the right to partial deliveries. All stated delivery times are understood as plus/minus two hours. The Purchaser shall not be entitled to any damages in case of delayed delivery, unless otherwise specified in the warranty section. Whenever the law allows, refusal of acceptance due to a delay in delivery time is prohibited.



5. Payment

   Delivery is at the price stated on our website and effective the day of formation of the contract. If the website contains obvious spelling and mathematical errors, we reserve the right to calculate the correct fee. The agreed upon price is charged in Euro plus VAT. Our fee is due without any deduction upon receipt of the order together with the invoice. V&S shall only be liable up to the amount of the value of the material, in case of damages caused by loss, mistakes, or defects of submitted or uploaded photo material, unless these damages have been caused intentionally or by gross negligence. V&S shall not be liable for the loss of pictures on the delivery route to V&S and data during transmission to the website as well as the loss of any material due to acts of God.



6. Offsetting of Purchase Price

   The Purchaser shall only be entitled to offset or reduce the purchase price, if his or her counter-claims have been lawfully established, or if V&S has explicitly acknowledged said claim in writing.



7. Reservation of Title

   The delivered goods shall remain the property of V&S until all open accounts of the Purchaser arising from deliveries have been settled. The Purchaser shall have the right to resale the goods in course of due business operations; in this event, the Purchaser shall assign his or her claim to V&S as security for V&S’s claim. V&S accepts this assignment.



8. Right of Revocation

   Purchasers shall have the right to cancel the contract. The Purchaser shall not be entitled to terminate the order pursuant to the Remote-Purchase-Law (Fernabsatzgesetz) § 312 d of the German Civil Code (BGB), because all rendered files are specifically tailored to the personal requirements of the Purchaser.



9. Warranty

   V&S shall be liable according to the law for any material defects, unless otherwise noted. The delivered material shall only then be deemed defective, if it doesn’t meet the technical standard of digitally edited photo material. Differences in color between the copies and their originals are not deemed a defect, because they technically can not be avoided. It also shall not constitute a defect, if the quality is inferior due to poor picture quality (e.g. resolution of original picture file). V&S doesn’t agree to deliver files of a particular quality. V&S does not make any such promises. The Purchaser shall file a written complaint regarding delivered files with obvious, but not readily visible defects immediately upon delivery, but no later than two weeks after receipt, stating the defect. Any later claim of obvious defects is prohibited. V&S shall have the right to either retouch the picture files or make a compensation delivery. In the event, the touch-up or the compensation delivery fails, the purchaser shall have the right to either take a reduction of the purchase price or rescind the contract. V&S shall have three attempts to touch-up files or send a replacement. However, V&S shall not be held liable, unless otherwise stated in the provisions above.



10. Liability

    V&S shall not be held liable for damages. V&S shall be liable for damages resulting from intentional acts or gross negligence. V&S agrees, to take all reasonable steps to provide full online services around the clock. V&S shall not be liable for any error or economic losses, the client may suffer due to temporary unavailability of the website or parts thereof or similar technical problems. V&S shall not be held liable particularly in the event of any system failures, interruptions and/or malfunctions in data transmissions as well as in the case of non-compliance with the applicable V&S user manual. V&S shall not be liable for system failures, interruptions in service and/or interruptions of data links, the internet, or other necessary communication systems, if the interruption is beyond V&S’s control. V&S shall be liable only in the event of gross negligence and intentional acts, and in the case that V&S contributed to the cause of the damages. V& S shall only be liable for any loss of data stored in their data banks, in the event of intentional acts and gross negligence. V&S shall not be liable for losses and damages the Purchaser sustained due to the use of services or purchase of goods from third party ads or external hyperlinks on the V&S website. All claims for damages against V&S and their partner firms are excluded, unless caused by an intentional act or gross negligence. V&S shall not be liable, if inquiries which are answered via e-mail are not retrieved in a timely fashion by the Purchaser from his or her mailbox, and, if in such event the data contained therein are deleted.



11. Purchaser’s Duties

    The Purchaser shall have the right to use the V&S website according to the Terms and Conditions. Whenever the Purchaser sends pictures to V&S, it has to reveal its identity. Providing only an e-mail address is not sufficient. The Purchaser shall not submit photos with illegal content, specifically those which depict or show child pornography, glorification of violence, or race discrimination, or violate any third party rights. The Purchaser shall be responsible for the content of pictures transmitted to V&S. The Purchaser shall be liable for all claims against V&S, their employees, or third parties, arising from the purchases of the services of the V&S website. He or she shall indemnify V&S from third party claims. The safekeeping and use of the password is the responsibility of the Purchaser. In order to prevent that other people gain knowledge of the username and password, the Purchaser shall exercise due diligence in keeping his or her user name and password. The Purchaser shall be liable for the unauthorized use by third parties of his user names and/or password. The Purchaser shall inform V&S immediately, if he or she suspects unauthorized use of his or her user name and/or password. V&S reserves the right of refusal against any Purchaser, if he or she violates the Terms and Conditions.



12. Data Protection, Data Security

    The Purchaser knows and agrees, that the personal information necessary to process and carry out the order as well as to record in the archive, shall be stored in our data bank. The Purchaser expressly consents to the recording, processing, and use of the personal information. The data shall be processed in compliance with the provisions of the German Federal Data Protection Act (Bundesdatenschutzgesetz) and the Information and Communication Services Act (Teledienstdatenschutzgesetz). All personal information will be treated confidential. The Purchaser is entitled to revoke his or her consent at any time hereafter. In this case, V&S agrees to immediately delete all personal information unless there is an order which is not yet fully processed. At the time of order, V&S assumes that the Purchaser saves the Purchaser’s records even beyond the time of delivery. V&S does not secure any data transmitted by the Purchaser. This also applies specifically for picture files stored in the storage area. The Purchaser consents to having his or her personal information stored by V&S as described above.



13. Copyrights

    The Purchaser guarantees that he or she holds all copyrights, proprietary rights of use and service marks on the photos, which he uses on V&S. The Purchaser guarantees that he or she possesses the unlimited title to edit, change, and retouch all photos which the Purchaser sends to V&S. The Purchaser guarantees that none of the edited, changed, and/or retouched photos violate any copyright laws and/or rights of individuals. Furthermore, by placing the order, the Purchaser guarantees that V&S doesn’t violate any trademarks, patents, design rights, or other third party rights by properly processing the order. The Purchaser alone shall be liable for any consequences resulting in a violation of the aforementioned rights. By placing an order, the Purchaser guarantees that all content of the transmitted picture files does not incidentally violate any criminal law. In the event that a third party files a claim against V&S for any violation of the aforementioned rights, the Purchaser shall indemnify V&S to the fullest extent.



14. Changes/Modifications

    V&S shall be entitled to change the conditions of use for the offer, which is the subject matter, at any time. V&S may change the Terms and Conditions for the contractual use of the offer at any time. V&S shall inform their Purchasers of any change by referencing it on their website. After posting such a reference, any acceptance of V&S’s offer by Purchaser will be construed as acceptance of this change. V&S shall have the right to cancel or rescind any or all aspects of an offer at their discretion and without prior notice.



15. Miscellaneous

    Published updated versions of the Terms and Conditions shall supersede all previous versions. Place of execution of all contractual duties and services shall be the location of V&S headquarters as permissible under the law. This agreement shall be governed by German law without recourse to the UN Convention of Contracts for the International Sale of Goods. The nullity of any of the provisions stated herein, shall affect neither the validity of the Agreement as such, nor the validity of these General Terms and Conditions. Conditions which are invalid and/or void shall be replaced in a way that the intended economic purpose can be met.



16. Jurisdiction and applicable Law

    All claims resulting out of the business relationship will be subject to the applicable laws of the jurisdiction as permisseable of the V&S headquarters. This agreement shall be governed by German law.

Voss & Sonnenberg GmbH
Lothstraße 5
80335 München

phone: +49 (0) 89 12 108 0
fax: +49 (0) 89 12 108 40

email: info@myClipStudios.com
web: www.myClip360.com

Stand Januar 2005
copyright 2005, Voss & Sonnenberg GmbH