These are the general terms and conditions of QaamGo Web GmbH, Fritz-Reichle-Ring 2, 78315 Radolfzell, Germany hereinafter referred to as "Provider".
Please note, these Terms and Conditions were issued first in the German language, the following are a translation from German into English.
The Provider provides an infrastructure on img2go.com, which should facilitate the User to transfer image files from one format into another using file converter programs as well as to edit and manipulate those files on Internet servers.
§ 1 General and Application
(1) Following Terms and Conditions apply to every business relation between the Provider and the User as Customer.
(2) Consumer means, in terms of these general terms and conditions, every natural person who enters into a legal transaction for a purpose that is outside its trade, business or profession.
An Entrepreneur means, in terms of these general terms and conditions, a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of its trade, business or profession.
Customers for the purposes of such terms and conditions are consumers as well as Entrepreneurs.
(3) Individual contract agreements have priority ante these general terms and conditions. Diverging, conflicting or complementary general terms and conditions do not become a part of the contract, unless, their validity is expressly agreed.
§ 2 Service description and prices
(1) The Provider provides an infrastructure on img2go.com, which should facilitate the Customer to transfer image files from one format to another using file converter programs as well as to edit and manipulate those files on Internet servers.
The Provider performs for its Customer through the website img2go.com extensive technical server services, editing services and conversion services. In this way, downloading and uploading of files in various formats are allowed through the server of the Provider. It allows to convert files from one file format to an image, from an image to another file format and manipulating image files using Software as a Service (SaaS) mechanisms.
The download includes the downloading of files for the permanent storage on a data carrier. This includes the possibility to download already converted files, as above mentioned, from other serves for further conversion.
The upload includes the providing of files of the Customer in order to storage them on the server of the Provider for the purpose of retrieving them by the Customer.
In general the services provide a user the ability to transform a file (a "User File") from its original file format to image format, or an image file to a user-selected file format. The services operate by storing the uploaded or downloaded User File on a server, editing it according to the User’s wishes ("Edited File"), converting it into a new file format ("Converted File") and then providing the user a unique, non guessable download link to the Edited or Converted File.
(2) To provide its services, the Provider provides the Consumer with a free certain basic service on the website.
(3) The Provider provides memory space to the Customer within the framework of its operational and technical possibilities and depending on the use of its services, in order to save files created by the Customer through uploading or by transferring a download link.
For this purpose, the Customer grants the Provider a right of use of the file, unlimited by time or space.
The Provider reserves the right to delete files or refuse uploads or file downloads provided that there is not enough storage capacity.
The Provider reserves the right to change or discontinue any of the services at any time.
While the Provider tries to ensure that the services are error free, he cannot guarantee that user files, edited files or converted files will not be deleted or lost. The Customer acknowledges and agrees that the Provider will not be responsible for any failure of the services to edit or convert a user file or store a user file, edited file or converted file. The Customer acknowledges and agrees that the Provider will not be responsible for the deletion of a user file, edited file or converted file stored or processed during the provision of the services, or for the corruption of or loss of any data, information or content contained in a user file, edited file or converted file.
(4) Specific scope of services depends on the corresponding description of the services offered by the Provider, which are an essential part of these terms and conditions.
§; 3 Customer identification
(1) The services free of charge can be used without any registration.
(2) In case that the Customer is aware of any misuse of its access data to the services of the Provider, he shall immediately inform the Provider. The Provider is entitled to block the access to the used services in case of misuse. The suspension of the block will be possible by written request of the Customer.
§ 4 Terms and termination
The use of the services of the Provider is not bound to a specific period of time.
The right of the parties for extraordinary termination of the contract as well as the right to terminate the recurring obligations for important reasons remain unaffected. An important reason exists provided that in consideration of all circumstances in the specific case and weighing up the interests of both parties, the terminating part may not be reasonably expected to continue the contractual relationship until the end of the agreed contractual period or until the expiration of the notice period.
In this respect, the Provider has the right for extraordinary termination especially if the Customer violates section 6 (2) of these general terms and conditions.
§ 5 Right of withdrawal for EU-Consumers
- Withdrawal instructions for EU-consumers -
You have the right to revоke your contractual statement without giving reasons in written form (e.g., letter, fax, e-mail) within 14 days. The cancellation period begins at the earliest on receipt of these instructions in written form, however, not before concluding the contract not either before performing our duty to inform according to article 246 §2 in connection with §1 paragraph 1 and 2 EGBBG (Introductory Act to the German Civil Code) as well as our duties according to §312g paragraph 1 sentence 1 BGB (German Civil Code) in connection with article 246 §3 EGBGB (Introductory Act to the German Civil Code). The revocation period shall be deemed by sending the revocation in due time.
Declaration of revocation shall be sent to:
QaamGo Web GmbH
Fax: +49 7732 9391657
Consequences of the revocation
In case of a valid revocation, both parties shall return the achievement or benefits (e.g. interests) received. Should not be any possibility to return the benefits received, not completely either partly or just in degraded conditions, a compensation shall be paid. This may mean that you must meet the contractual payment obligations for the period up to the revocation. Payments shall be refunded within 30 days. The period begins for you at dispatch of the notice of revocation, and for us with its receipt.
Your right of withdrawal will expire before maturity, if, due to your explicit approval, the contract is completely fulfilled by both parties before you have used your right to withdrawal.
- End of withdrawal instructions for consumers -
§ 6 General duties of the Customer
(1) The Customer is responsible for the availability of the technical requirements to use the benefits of the Provider, particularly with regard to the used hardware and software, the Internet connection and the compatibility with the usual browser software. The Customer is also obliged to secure their computer system, particularly to carry out a data backup regularly and to install up-to-date antivirus software. The Provider is not liable for virus damages, which could have been prevented by using the corresponding software.
(2) The Customer shall attend the effective laws of the Federal Republic of Germany as well as the present conditions when using the services provided by the Provider. He particularly shall:
a) not use the services of the Provider to view or spread neither immoral or illegal statements nor pornographic and right-wing or violent contents
b) attend to the effective law of the Federal Republic of Germany, particularly the regulations regarding data and youth protection as well as criminal ordinances
c) not violate rights of third parties, particularly copyright and ancillary copyright, trademark, patent and other prоperty and personal rights. Particularly with regard to the use of copyrighted works, the Customer is responsible for obtaining the relevant rights concerning that use. In particular, he should obtain the necessary rights from the GEMA (German Society for Musical Performing Rights and Mechanical Reproduction Rights) or other right collecting societies as trustees for the administration of these rights.
(3) As far as memory or storage capacity (central memory and fixed-disk storage) an is provided to the Customer, he is not allowed to store any illegal, or infringing comments against the law or official regulations or against the rights of third parties. Following contents may neither be written nor offered:
a) Offers, which application, supply or distribution infringes industrial property rights (such as trademark, patents, utility models and design rights), copyright and ancillary copyright and other rights (such as right to the own image, name and personal rights); the offer of plagiarism is not permitted
b) pornographic and harmful offers
c) propaganda articles and products from any unconstitutional organization:
d) weapons as defined on the Weapon Act, particularly firearms, cutting and stabbing weapons of any kind as well as ammunition of any sort
e) protected live animals, products and preparations of protected animals as well as protected plants and their preparations
f) bonds - especially shares - credits, loans and financial aim; money market and financial instruments, excluded from historical bonds that are not in circulation anymore;
g) debt obligations and court titles as well as other claims arising from collection legal transactions
h) vouchers, which are available free of charge for everyone
i) goods whose possession is lawful, but their use in the country of delivery is prohibited
j) human organs;
k) goods for a lower price as the statutory fixed price, insofar as the fixed price is not charged and there is no exemption;
l) land and land rights.
(4) The Customer is the sole responsible for the contents and for the accuracy of the transferred data.
(5) The Customer is not allowed to eidt or convert files automatically using a scripting language.
§ 7 Blocking of access
(1) The Provider reserves the right to revoke the right to access to its services to a Customer who misuses the services of the Provider or violates these general terms and conditions. The Customer will be immediately notified per email about this revocation of the right to access.
(2) If the Customer fails to meet its obligations under these general terms and conditions; violations, for which the Customer is responsible, the Provider is entitled, subject to any further claims, to temporally fully or partially block the access to its services. Thereof, the Customer will be immediately notified per email.
§ 8 Infringing content policy
(1) Every user of the website has the possibility to report any violation of its intellectual property rights caused by any content on img2go.com.
For this purpose, the Provider requires detailed information. This information should content the following:
a) A statement that contents at img2go.com infringe intellectual property rights of the user or of third parties who authorised the user to act on their behalf;
b) An identification of the copyright claimed to have been infringed, indicating a link to the relevant content;
c) Full name, address, telephone number and email address of the user;
d) A statement, that the user is either the copyright owner or a person authorised to act on their behalf;
e) A statement that the user believes in good faith that the use of the content in the manner complained has not been allowed neither by the intellectual property rights owner nor by any other for this purpose authorised person.
(2) If desired that the complaint should be considered pursuant to the U.S. Digital Millennium Copyright Act section 17 paragraph 512(c), those requested in section 8 (1) shall be stated under penalty of perjury. Furthermore, an electronic or physical signature is also necessary under the above required information.
§ 9 Exemption
The Customer disclaims the Provider and its employees of all claims, which other customers or third parties might have against the Provider because of violation of their rights through the data posted by the Customer on the website img2go.com or through provided files from the Customer on the server of the Provider. This includes the costs of reasonable litigations and related expenses. For this purpose, the Customer shall provide an adequate deposit based on the corresponding legal fees. This does not apply if the Customer is not responsible for the infringement.
§ 10 Warranty
(1) For the offered services, the Provider guarantees average server availability of a monthly average 98 % or an annual average of 99 % provided that the Provider does not act deliberately or grossly negligently. Excluded from this are times, in which the server is not available due to technical or other problems which are beyond the control of the Provider (including force majeure or negligence of a third party).
(2) Defects on services of the Provider will be corrected when possible according to the error description made by the Customer. This does not apply if the Customer is responsible for the malfunction. Further rights of the Customer are not affected.
(3) The contents posted by the Customer on img2go.com or using the server of the Provider are external contents for the Provider as defined in § 7 paragraph 2 German Telemedia Act (TMG). The Customer that posted the contents is the legal responsible. The Provider is not responsible for the descriptions, characteristics and legal validity of the Customer’s stored data. The Provider does not guarantee the accuracy or completeness of the information and statements given by the Customer either the identity or integrity of the Customer.
§ 11 Liability
(1) The Provider assumes no liability for the no-break availability of the server as well as for system-dependent losses, interruptions and disturbances of the technical equipment that are not in the sphere of the Provider. Particularly, the Provider is not liable for disorders in the quality of the server operated by the Provider due to force majeure or events for which the Provider is not responsible. Among these are strikes, lockouts, legal company-internal labour dispute actions and official directives. This also includes the entire or partial failure of the communication and network structures necessary to own communication and network structures and gateways of other providers and operators.
(2) With slightly negligent breaches of duty the liability limits on, depending on the kind of product, predictable, contractual, immediate average damages. This is also valid to slightly negligent breaches of duty of the statutory agents or assistant or agent of the Provider. The Provider is not liable for slightly negligent violation of inessential contractual obligations. However, the Provider is liable for the violation of the Customer’s essential contract obligated legal positions. Essential contract obligated legal positions are those which the contract has to grant to the Customer according to the subject matter and purposes of the contract. The Provider is further liable for the violation of liabilities whose fulfilment allows the proper realisation of the contract and in whose realisation the Customer shall trust. The preceding restrictions of liability do not concern Customer’s claims from guarantees and/or product liability. The restrictions of liability will not be applied in case of fraudulent intent, violation the essential contractual obligations nor if the Provider is accusable of personal injury, impairment to health and death of the Customer.
(3) The Provider is not liable for a loss of data and/or programs as far as such damage is a consequence of the Customer’s failure to make data backups and guarantee a restoration of the lost data at reasonable efforts.
(4) The Provider is only liable for the own contents on its web page img2go.com. As far as access to other web pages by means of links is possible, the Supplier is not responsible for the external content. The Provider does not embrace the external content.
In case that the Provider is informed about illegal contents on external web pages, the Provider will remove the link provided that this is technically possible and reasonable to him.
§ 12 Rights of the Provider
All copyrights, trademark rights or other intellectual property rights to the website img2go.com, contents created by the Provider, data and other elements belong exclusively to the Provider. Possible rights of the Customer to the contents submitted by him or transmitted to the Provider remain unaffected.
(1) Customer data are collected, stored and processed by the Provider in compliance with currently effective norms relative to the protection of personal data for the fulfilment of the contract.
(2) Personal data collected during the registration and performances of the services are treated in strict confidence. These data are collected, stored and processed when legally allowed or in case that the Customer consents herein.
(3) The Provider is obligated to inform the Customer at any time upon request thoroughly and free of charge in regard to the stored data provided that it affects him. The Provider will neither pass on this data nor the contents of private messages of the Customer to third parties without its consent. However, this is not applicable if the Provider is legally obligated to disclosure such data to third parties, in particular governmental authorities or as far as internationally technical standards require doing so
(4) The Provider points out to the Customer that personal data (user-related data) and other information concerning its use (connection data) (i.e. access passwords, up- and downloads), will be stored during the lifetime of the contract as far as it is required to fulfil the purpose of the contract, in particular for invoicing.
(5) The Provider is entitled to pass anonymous user information to third parties for demographic purposes. These anonymous data may be used to generate statistics and quality assurance.
§ 14 Change of the general business regulations
(1) The Provider reserves the right at any time to make changes of these general terms and conditions under adequate prior notice of at least two weeks. The announcement will be served through publication of the changed general terms and conditions on the Internet indicating the effective date on the website img2go.com.
(2) If the Customer does not disagree within two weeks after publication or if the Customer continues using the ordered services offered by the Provider after the expiration of the period, the changed terms of business are considered as accepted. In particular, the change announcement will be pointed out to the two weeks term. In case of objection, the contract remains with no changes in content and with the current terms and conditions. However, the Provider is entitled to terminate the contract.
§ 15 Applicable law and jurisdiction
(1) This agreement shall be governed by the laws of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods regulations shall not be applied.
(2) If the client is a merchant, statutory juristic person or public law special legal estate, the jurisdiction for all litigations from this contract shall be the Court in which the Provider’s business location has its seat, provided that an exclusive jurisdiction is not given.
The same applies if the client has no general jurisdiction in Germany or residence or usual stay is not known at the time of the filing of the action.
§ 16 Final Clause
If any provisions of these Terms and Conditions are found to be partially or totally invalid, the validity of the remaining provisions will not be affected.
Version 1.3, 27. March 2012