Our GTC

This translation shall only be used for reference to our German terms and conditions. The German GTC are applicable.

Introduction

We value each and every single user. We are always doing our best for you and hope for fair use in return.

Contract Acquisition

PicDrop Tobias Friese and Andreas Chudowski GbR become PicDrop GmbH. PicDrop GmbH takes over all contracts of PicDrop Tobias Friese and Andreas Chudowski GbR. The user agrees to the contract transfer by PicDrop GmbH.

The Validity of the Conditions

These terms of use apply to all business relations between users and “PicDrop GmbH”, hereinafter referred to as “PicDrop”, in connection with the provision of the “PicDrop” service. The current version at the time of the conclusion of the contract is authoritative. Any deviating terms and conditions of the user do not apply unless PicDrop has expressly agreed to them in writing or in text form. By registering with PicDrop at the latest, the user acknowledges the validity of these terms and conditions.

Conclusion of Contract

A contractual relationship only comes into existence upon successful registration. The registration is successful when the user logs into his account for the first time. The user can use PicDrop for 30 days in full and free of charge. If the user has not entered any payment data after this period, the user’s account will be downgraded to the functions of the free account. This account does not incur any costs for the user. All created galleries and uploaded galleries are retained and can be viewed, but the upload of new images to these galleries is blocked. The user has the possibility to upgrade his account to the functionality of the Lite/Pro/Agency Account at any time by entering his payment data. If the user has not entered any payment data by this time, he will not incur any costs. The contractual relationship runs for an indefinite period.

Services of PicDrop

PicDrop is an online platform for photographers. PicDrop allows the user to save image data online and view and share it in the form of variable galleries. PicDrop reserves the right to change and improve the offered function at any time. There is no right to further functionalities. PicDrop is a web service that is made accessible via the Internet. Internet access, which is required for the use of PicDrop, is of course not part of PicDrop’s services. In cases where the use of the service is free of charge, we may only offer limited functions as a service. Furthermore, there is no entitlement to a permanent use of PicDrop. We reserve the right to restrict our free services at any time. Of course, we also reserve the right to extend and/or improve services free of charge at any time. The scope of the chargeable services results from the currently valid price and service description at the time of the conclusion of the contract.

Information on the Right of Withdrawal

You can revoke your contractual declaration within 14 days without giving reasons in writing (letter or e-mail). The period begins after receipt of this instruction in text form, however not before the conclusion of the contract and also not before the fulfillment of our information duties according to § 312c Abs. 2 BGB in connection with § 1 Abs. 1, 2 and 4 BGB-InfoV. The revocation is to be addressed to hello@picdrop.de or by post to PicDrop GmbH, Scharnweberstraße 30, 10247 Berlin.

Revocation Consequences

In the event of an effective revocation, the services received by both parties are to be returned and any benefits derived (e.g. interest) are to be surrendered. If you are unable to return the received service to us in whole or in part or only in a deteriorated condition, you may have to compensate us for the lost value. This may mean that you still have to fulfill your contractual payment obligations for the period until revocation. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation, for us with its receipt.

Prices and Payment Processing

The fees for our services, which we provide on PicDrop, result from the price and service description valid at the time of the conclusion of the respective contract. The remuneration for the use of PicDrop is due at the beginning of the billing period. Payment is made by direct debit or credit card. The user must ensure that the bank or credit card account from which the amount is debited has the necessary credit available. In the event that payment is not made due to circumstances for which the user is responsible, PicDrop may charge the user the additional costs incurred (e.g. costs of the return debit note) in the respective amount. If the user is in default of payment, PicDrop is entitled to charge interest on arrears at a rate of 5 percentage points above the respective base interest rate. The proof of a higher damage caused by the default by PicDrop remains unaffected by this. The user is only entitled to set-off with claims against PicDrop if these claims are undisputed or have been legally established. PicDrop provides its users with invoices on the day of billing. These can be called up and printed out in the customer menu.

Duties of Users

The user is obliged to truthfully disclose information provided in connection with the creation or modification of an account. Access data may not be passed on to other persons. In particular, the user may not allow other persons to use PicDrop with their access data. The user is obliged to effectively protect the access data for his account from unauthorized access by third parties. The user is obliged to comply with the laws and regulations applicable in the Federal Republic of Germany, even if the user uses PicDrop outside the Federal Republic of Germany. If the user sends an e-mail to other persons via the recommendation function of PicDrop, he is obliged to ensure that he may send an e-mail to this person with a reference to PicDrop. It is forbidden to misuse our services, in particular, the PicDrop service. Abusive use exists in the following cases in particular: the publication or dissemination of illegal, defamatory, clearly pornographic or other offensive content, the use/duplication/distribution/public disclosure of copyrighted or trademarked material, the publication of other illegal content. We are entitled to immediately delete content created by the user that is illegal and/or abusive. In the event of breaches of duty by the user, we reserve the right to block the user from the service without prior notice and to delete his data no later than 14 days after the blockage. Any claims for damages by us remain unaffected by this.

Rights of Use

PicDrop will never use data uploaded by the user for more than the necessary services offered by us or pass them on to third parties. Of course, all rights of use to the image data remain with the user. PicDrop grants the user a simple, non-transferable or licensable right to use the PicDrop service. PicDrop allows the user to use the service in compliance with the legal provisions and the provisions of these terms of use to store, publish, transmit and share content with third parties. In order to use PicDrop, the user must grant PicDrop the rights to edit and distribute the image and film material uploaded by them. This only happens in connection with the technical implementation and the use of the PicDrop service by the user. By posting content, the user grants PicDrop all necessary rights of use. With the storage of contents on PicDrop, the user grants a simple, revocable right of use for the storage, duplication, processing and public accessibility of the work. These rights of use are granted free of charge. The user assures to be either the author of the works to be posted by them or in possession of all necessary rights of use and exploitation for the storage, duplication and publication of the material. The user releases PicDrop from any claims by third parties for which it is responsible, including the costs incurred by the claim, in particular costs of legal proceedings.

Responsibility for Content

The responsibility for all photos, files, texts and other materials (“contents”), which are stored, published or transmitted on PicDrop, lies exclusively and without reservation with the user. PicDrop does not control the contents posted by the user. We, therefore, accept no liability for the correctness, appropriateness, completeness, and quality of the contents.

Termination

The user can terminate the contract at any time at the end of the current billing period. The term of the contract results from our price and service description valid at the time the contract is concluded. The contract is automatically extended by the original contract term if it is not terminated within the period specified in the price and service description. The cancellation (with an indication of the e-mail address with which the user is registered with PicDrop) can be sent to the following address in addition to the possibility of the cancellation in the customer menu after successful login also by post letter: PicDrop GmbH, Scharnweberstrasse 30, 10247 Berlin. The postmark serves to check the timely termination before an automatic extension of the contract. Any right to extraordinary termination remains unaffected. An important reason which entitles us to an extraordinary termination exists in particular if the user has abusively used the service, falls into arrears with a due payment after receipt of a reminder or reminder for more than 14 working days and/or legal, official or judicial requirements show that the PicDrop service can no longer be maintained.

Availability of Services

PicDrop guarantees an availability of the services in terms of point 2, paragraph 1 in the amount of 95% on an annual average. The warranty does not cover defects in performance for which PicDrop is not responsible.

Limitation of Liability

In the event of intent or gross negligence, we shall be liable without limitation for all damages caused by us. In the event of slight negligence, we shall be liable without limitation in the event of injury to life, limb or health. For the rest, we shall only be liable if we have violated an essential contractual obligation. Essential contractual obligations are defined abstractly as such obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the user may regularly rely. In these cases, the liability is limited to the compensation of the foreseeable, typically occurring damage. Liability under the Product Liability Act remains unaffected. The user is responsible for a regular, i.e. basically daily, backup of his data according to the state of the art. In the event of data loss for which we are responsible, we shall only be liable for the costs of restoring the data from existing backup copies and for restoring the data that would have been lost even if the data had been properly backed up. The user is responsible for the password protection of his data. In particular, PicDrop assumes no liability for the illegal use of data due to inadequate or omitted password protection. There are no contractual relationships between the user’s customer and PicDrop, therefore PicDrop assumes no liability for illegal screenshots or the direct download of the preview image from the source text of the website by the user’s customers.

Data Privacy

Currently PicDrop expressly only uses servers in the Federal Republic of Germany. PicDrop reserves the right to use servers outside the Federal Republic of Germany. The personal data of the user required for the implementation and processing of PicDrop will be collected, processed and used in accordance with the statutory provisions. A passing on of personal data to third parties does not take place in principle. An exception is the processing of payment transactions and the automated sending of e-mails to the user. For the processing of payment transactions, the transfer of personal data to third parties (payment providers, banks, credit card providers) is absolutely necessary. However, only those data are transmitted which are absolutely necessary for the execution of the payment transactions. After termination of the contractual relationship, the personal data will be deleted, as long as there are no legal storage obligations. In these cases, the data is blocked. Further information on data protection and on the purpose, type, and extent of the collection, processing, and use of personal data can be found in the data protection declaration, which can be accessed at any time under the link “Data Protection”.

Newsletter

During the term of the contract, the user can receive by e-mail technical information and information about support services and the scope of the services used, possible expansion options and other information concerning the provision of PicDrop, if he has expressly selected this option. The user can terminate the receipt of these e-mails at any time with effect for the future.

Changes to these Terms of Use

We reserve the right to make changes to these terms of use, e.g. to adapt to changed legal regulations or to introduce new services. The user will be informed about changes to the terms of use and informed of the possibility of objection and its deadline. If the user objects to the changes to the terms of use, PicDrop has the right to terminate and terminate the contractual relationship at the end of the respective billing period or, if no chargeable services are used, at the time of the planned entry into force of the changes.

Final Clauses

The law of the Federal Republic of Germany shall apply, whereby the validity of the UN Convention on Contracts for the International Sale of Goods shall be excluded. If the user uses the services of PicDrop as a freelancer, businessman, legal entity under public law or a special fund under public law, the registered office of PicDrop GmbH is the exclusive place of jurisdiction for all disputes arising from the contractual relationship. Should individual provisions of these terms of use be or become invalid, this shall not affect the validity of the remaining provisions.

As of January 1, 2016