GENERAL TERMS AND CONDITIONS OF BUSINESS FOR THE UPLOAD, ACCESSING AND UTILISATION OF PHOTOGRAPHS FROM THE MyGreat DATABASES
(1) The subsequent General Terms and Conditions of Business shall apply to all uploads, downloads, accessing, utilisation and services provided by the photograph and text database "MyGreat" which includes - without being limited to - the following internet-domains:
(2) Under the name MyGreat, the Scherff & Stüwe GbR, Gütchen 7, 42781 Haan (hereinafter: “MyGreat”) offers to upload and access images and information stored and categorized in digital image databases and textform (hereinafter: “Photographs”).
(3) Accessing of such Photographs shall be subject exclusively to these General Terms and Conditions of Business (hereinafter: “Conditions”) as shown here. Agreements that deviate from these Conditions must be made in writing and explicitly acknowledged by MyGreat in order to be valid.
(4) Objections to these Conditions shall be declared in writing within three working days. An objection is hereby made to diverging Terms and Conditions of Business stipulated by the user or any customer.
(1) MyGreat acknowledges and respects your right to privacy. In general MyGreat does therefore not depend on personal information such as email-addresses or real names. MyGreat does neither share nor sell your personal information to third parties unless necessary for the pursuance of personal or governmental rights.
(2) MyGreat stores only the personal information, filled in by users themselves, for example during registration (“Username”, “Password”) and information regarding IP-addresses and time of access to MyGreat databases. The User accepts and acknowledges that this personal information is necessary for the purpose of customer management and access control to MyGreat databases Any User will on special request be given the content of the information stored about him/her.
C) CONTENT AND LIABILITY
(1) All products, data, information and services on all MyGreat Web Site are provided “as is”, with no warranties whatsoever. The contents of MyGreat (herinafter: “Content”) are provided as general background information only and the User should not rely on the accuracy of the Content. Any content given shall be regarded as invitation only to further explore any actual situation.
(2) All photographs uploaded to the MyGreat Databases are free to be accessed and assessed by everyone. “Accessing” shall constitute in particular every download, drag-and-drop and every delivery of Images on CD-ROM or any print-media for private use. “Assessing” shall mean the utterance of any opinion as long as it does not infringe any person’s rights.
(3) The User accepts and acknowledges that MyGreat under no circumstances shall be liable for photos and information that are submitted to or stored in the MyGreat databases and the User accepts and acknowledges that MyGreat and its representatives or designees shall have the right (but not the obligation), in their sole discretion, to edit, to remove, to refuse to publish or to block access to any Content that is uploaded or (made) available on the MyGreat Web Sites at any time, for any reason, or for no reason at all, with or without prior notice and without incurring any liability or responsibility for any loss or expenses arising out of such removal.
(4) The User accepts and acknowledges that solely the uploading users shall be responsible for the legality, authenticity, completeness or fitness of photos they present, store, upload, make available to and via the MyGreat databases.
(5) The User accepts and acknowledges that MyGreat, and its employees and representatives of any sort shall not in any way be liable for any damage, loss, costs or expenses arising directly or indirectly from the User's utilisation of any of the Contents from the MyGreat Web Site, or its reliance on or use of any of the Contents for any purpose. Furthermore the User acknowledges and accepts that MyGreat is not, and shall not be held responsible for any damages, loss, costs or expenses arising directly or indirectly from the use of such third party web sites, or products or services available through such third party web sites.
(6) Without prejudice to the foregoing MyGreat hereby excludes, as far as permitted by law, all warranties and representations, express or implied, in respect of any of the Contents, including but not limited to any information, names, images, pictures, logos and icons forming part of them, including but not limited to warranties of satisfactory quality, fitness for a particular purpose, non-infringement of third party rights or any law, compatibility, security and accuracy.
(7) All Non-MyGreat-Websites or print-media that display pictures hosted on MyGreat must provide a link to the respective MyGreat site the picture originates from and name the username of the person who uploaded the respective picture, for example: 'Zeitzeuge/MyGreatGermany.com'.
(8) The User declares his/her consent to advertising being displayed on any or all MyGreat-Pages.
(9) MyGreat at its own discression reserves the right to change these Conditions of Use without prior notice and without any obligation to giving reasons. The fact of changes will be made public in the MyGreat-Forum under the topic "What's new?!". Please make sure to check for updates regularly.
D.) LEGAL ACCORDANCE
(1) The User must be 13 years of age or over.
(2) The User accepts and acknowledges that user name and all password information are confidential. It it is prohibited to make use of another User’s user name and password without prior consent or - by means of technical, software or any other support – to try to retrieve another User’s password.
(3) The User accepts and acknowledges that it is forbidden to use the MyGreat Databases in a manner that is prohibited by law or regulation, or to facilitate the violation of any law or regulation and that the MyGreat services are not to be used to impersonate any person.
(4) The User accepts and acknowledges that no illegal content is not be transferred to the MyGreat databases. Illegal content includes but is not limited to
(a) content which contains viruses or programming codes designed to limit, interrupt or destroy the functionality of the MyGreat’s or any other user’s computer software, hardware or telecommunications equipment,
(b) content which infringes any trademark, patent, copyright, (trade) secret, proprietary rights of any third party,
(c) content which is threatening, abusive, unlawful, harmful, harassing, pornographic, harmful, hateful, defamatory, harassing, tortious, obscene, libelous, vulgar, invasive of another's privacy or racially, ethnically or otherwise objectionable.
(5) The User accepts and acknowledges that he/she will not use automated means, including additional computers, software (including spiders, robots, crawlers, or the like) and scripts, to change or influence the access to MyGreat databases or to download data from MyGreat databases.
(6) The User accepts and acknowledges that he/she will not transfer or sell, publish, modify, transmit, reproduce, exploit or make any commercial use of any content from MyGreat databases.
(7) The User accepts and acknowledges that he will immediately inform MyGreat in case of any illegal photos or illegal activity he/she becomes aware of.
(1) All photographs appearing at this site are the property of their respective owners and are protected under German and international copyright laws. The uploading user must have the legal right to upload and display the submitted photographs. The photographs may not be manipulated without prior permission by the rightful copyright owner.
(2) When uploading Photographs to any MyGreat database and with reference to international and German copyright laws the User accepts and acknowledges that MyGreat will NOT place a copyright entry showing the relation between the picture and the copyright holder. MyGreat reserves the right to change the resolution of any uploaded photo as it seems fit to MyGreat and to add both, a MyGreat-Logo and the name of the person uploading the photo, to the picture. When a Photograph or a message is uploaded to the database, the User is granting MyGreat a soft license to use it which comprises the revocable right to distribute, publicate (also in print-media) or reproduct in public, transmit or similarily use the respective Photograph or other data on a worldwide scale without any claim for remuneration for the User or any third parties. The right of revocation may exercised at any time with effect for the fututre by deleting the respective photos from the MyGreat database. This licence also and explicitely includes the right to send the Photograph via Internet/E-Mail, to display and generate HTML-code ("links") to the Photograph, to publish or to allow to publish the photo / message in print-media and to include links to photos/messages on Users' or third persons' websites.
(3) The User accepts and acknowledges to bear all legal responsibility regarding the photos that are transferred to the MyGreat databases including respects of portrait rights of the people shown in the photos, copyrights and privacy rights.
F) GENERAL TERMS
In the event that one or several stipulations of these Conditions are void or ineffective, the validity of the remaining stipulations shall not be affected. The parties are obliged to replace the invalid stipulation with an analogous, effective regulation that corresponds as far as possible to the intended regulation in terms of its economic and legal effect. These Terms and Conditions shall be governed by and construed in accordance with the laws of Germany. Any disputes arising here from shall be exclusively subject to the jurisdiction of the courts of Germany. MyGreat reserves the right to change or amend these Conditions from time to time. Any use of the MyGreat database or service will be deemed acceptance of the Conditions in use.