Conditions of Use
THE TERMS AND CONDITIONS OF USE CAN YOU DOWNLOAD UNDER ALL "EXAMPLE-LAYOUT" (IN THE MENU BAR), AS A PDF FILE!
Terms and Conditions of Use for the Online Database and Database Contents
"Stockcreator"
"Stockcreator"
between
Gabriele Aretz, using the name "Stockcreator", Weberstraße 37, 52064 Aachen, Germany
- henceforth referred to as: Stockcreator -
and you as a user
- henceforth referred to as: User -
§ 1 Subject-Matter of the Contractual Agreement
(1) Subject-matter of the contractual agreement is access to the database in the online shop run by Stockcreator, a database that mainly contains layouts for advertising materials
- henceforth referred to as: database-
and the purchase of usage rights pertaining to the contents of the database.
(2) The database contains layouts for advertising materials, for example template files enabling users to create their own business cards or stationery, as well as image elements associated with this, in particular drawings, paintings, photos, collages, and so forth.
- henceforth referred to as: database contents or layouts -
These were compiled by Stockcreator with due care; however, Stockcreator cannot guarantee that they are free from errors, complete, and up-to-date. The layouts are design templates, not ready-for-printing files; they have to be adapted by the user to the specific product to be advertised, and subsequently prepared for printing or further processing. Moreover, Stockcreator is unable to ascertain whether a customer, in using a particular layout, might violate the intellectual property rights (such as brand-, trade-, or design marks) of any third parties. It is the user’s obligation to ascertain that for his or her specific intended usage in his or her specific line of business.
(3) With this contract, benefits are exchanged; however, this exchange does not entail any association in corporate law between Stockcreator and the user.
§ 2 User’s Obligations
(1) The user is under the obligation to pay the agreed fee for the purchase of the usage rights.
(2) Furthermore, the user acknowledges that the database and the database contents are of such a kind as to be capable of copyright protection. The provisions of German copyright law are applicable even if the extent of creative effort required by §§ 2 to 4, 69a Para. 3 UrhG is not attained in any particular case. Analogous provisions are applicable for the copyright protection entitlement of the database creator (Stockcreator) according to § 87 b UrhG, if the conditions of the aforementioned law are not met.
(3) The user affirms that the personal data (name, address, etc.) submitted in any eventual registration for the use of particular services offered by the database are correct; he further undertakes to inform Stockcreator of any eventual changes in his personal details without delay, no to share his assigned password with any third parties, and to inform Stockcreator without delay and have his or her account suspended if he or she suspects that his or her account is being misused.
§ 3 Stockcreator’s Services
(1) Stockcreator grants the user a simple, non-exclusive, open-ended, irrevocable, unlimited in time or space, transferable right to use the database contents purchased.
- henceforth referred to as: usage right -
(2) The usage right entitles the user to download and use the database contents for the purpose of creating the following products, either for the user’s own purposes or for products that the user creates on behalf of others, within the limits of normal and customary usage:
- print advertisements,
- promotional materials (stationery, business cards, catalogues),
- print templates for such print advertisements or promotional materials
- henceforth referred to as: products -
(3) The user is entitled to do the following things with the complete layouts:
- To convert them into another digital format, using any technical procedure that the user regards as fit for that purpose; to incorporate them, either whole or in part, into a product that the user has created or is about to create; and to combine them within that product with other content (such as, for example, texts).
- To duplicate them in the course of creating, using, and further developing the product.
- To disseminate them, as part of the product, within the context of a distribution chain or directly to end clients, or to make them available for downloading online in these usage contexts.
- To alter or to expand them in such a manner as is required for creating products, eliminating errors, or further developing them.
(4) However, the user must not
- Extract individual pictorial elements, in particular photos, paintings or drawings, from the layouts and use them separately.
(5) Stockcreator reserves the usage rights to the database contents until the fee owed has been paid in full. Stockcreator’s invoking that reservation provision shall not be construed as a withdrawal from the contractual agreement, provided that Stockcreator does not explicitly notify the user that Stockcreator withdraws from the contractual agreement. As soon as Stockcreator invokes the reservation provision, the user’s right to process the database contents is suspended; in that case, the user is obliged to delete any and all copies of the layout that he or she may have made.
§ 4 Download
(1) The user may download database contents for his or her own use, via communications networks onto his or her own computer, or onto the host computer of a third party providing services to the user (a provider), keep database contents stored on the hard disk of the user’s computer or on external storage media, print them out or reproduce them in any other manner.
(2) The user must not disseminate database contents by uploading them onto third parties’ computer systems.
§ 5 Prohibition of Leasing
The user must not hire out, i. e, make available for a limited period of time in return for a fee, lend, i. e., make available for a limited period of time without charging a fee, or lease the database contents to any third parties. Moreover, the user must not make the database contents publicly accessible, or grant sub-licenses pertaining to the database contents – including partial or transitory usage, irrespective of the kind of usage and the means employed.
§ 6 Warranty
(1) Stockcreator is responsible for ensuring that the downloadable database contents are either free from third parties’ intellectual property rights, or that appropriate usage rights have been obtained to the requisite extent.
(2) Before downloading database contents, the user can ascertain whether or not the database contents are fit for his or her particular purposes. To that end, Stockcreator provides free samples that the user can download from the database.
(3) For content provided free of charge, the following applies:
Stockcreator warrants neither correctness, completeness, database accessibility or database updates, accessibility of database contents, nor the fitness of database contents for any particular purpose.
(4) For contents provided in return for a fee, the following applies:
In the user wishes to reprove database contents due to defects or incompleteness, the user must make this known without delay after becoming aware of such defect or incompleteness. Depending on the payment system provider chosen by the user, the user must either inform that payment system provider or Stockcreator itself about any defects or incompleteness discovered.
The warranty does not cover such damages and /or disruption caused by the user willfully violating the provisions of this contract.
§ 7 Liability
(1) Stockcreator assumes unlimited liability for incidents in which life, limb or health come to harm, and according to the provisions of German product liability law. Similarly, Stockcreator assumes liability for warranties (where warranties have been granted), and in cases of gross negligence or tortious intent.
(2) In cases of simple negligence, Stockcreator and its business associates do not assume liability, unless an essential contractual obligation (cardinal obligation) was violated, or unless life and limb have come to harm, or unless a situation of default, non posse, or warranty obtains. However, Stockcreator does assume liability for mild negligence if, and to the extent that, the damage caused is covered by a third-party liability insurance that Stockcreator may have.
An essential contractual obligation in the aforementioned sense is every obligation required for making the correct fulfillment of the contract possible in the first place, and an obligation which the user can reasonably trust Stockcreator to discharge.
(3) In cases of simple negligence, where an essential contractual obligation was violated, or where a situation of default or non posse obtains, the liability of Stockcreator and its business associates for damages not consisting in damage to life and limb is restricted in the following manner:
- Stockcreator is not liable for mediate or consequential damages.
- Stockcreator’s liability is restricted to compensating for predictable, typically occurring damages.
- The liability for loss of data is restricted to the typical effort required for restoring a system, such damage as would also have occurred if regular backup copies of all data had been prudentially made.
(4) The liability restriction agreed in Para. 3 also applies if Stockcreator should be already incapable of fulfilling its contractual obligations at the time the contractual agreement was entered into.
(5) The user is aware that he or she has a duty to limit eventual damages as far as possible, and thus must regularly back up his or her data, and must take all additional precautions that can be reasonably expected of him or her if he or she suspects that the database is malfunctioning. Furthermore, the user is obliged to keep his or her password secret.
§ 8 Intellectual Property Rights
(1) Stockcreator owns the intellectual property rights to the database and the database contents; any usage of the database or database contents that is not explicitly approved in this contract requires the explicit and written consent of the intellectual property rights’ owner.
(2) The sign "Stockcreator" is registered in Germany as a wordmark / design mark in the name of Ms Gabriele Aretz.
§ 9 Protection and Defense of Rights
If a third party should assert a claim towards the user based on patents, copyrights, or other intellectual property rights, because of database content supplied by Stockcreator, Stockcreator will arrange, at its own cost, the legal representation of the user in any lawsuit initiated against the user, and will disembarass the user from any third-party claims. This, however, only applies if the user speedily informs Stockcreator about any pertinent legal correspondence received and about the details of the legal claims raised, and if the user furthermore delegates to Stockcreator all decisions regarding the further use of the database elements that third parties have complained about, the legal defense, and any eventual out-of-court settlement. Moreover, this undertaking presupposes that, at the time that Stockcreator is notified of such events, the user’s claims against Stockcreator, pertaining to defects of title or other issues, are not already barred by the statute of limitation.
§ 10 Import and Export
It is the user’s responsibility to ensure that any relevant provisions on import and export are complied with.
§ 11 Applicable Law
This contract is exclusively governed by German law (with the exception of EGBGB, and excluding UN purchasing law).
§ 12 Court of Jurisdiction
For all legal issues stemming from or pertaining to this contract, the court covering the area where Stockcreator’s headquarters are situated is hereby agreed upon as the sole court of jurisdiction, if the user be a businessperson, a company, or a public institution. However, Stockcreator is also entitled to file suit at the user’s court of jurisdiction. Other provisions regarding an exclusive court of jurisdiction are unaffected by this stipulation.
Revocation Right
(If you are a businessperson as defined in § 14 BGB (German Civil Code), and are acting in an executive or professional capacity whilst entering into the contractual agreement, you are not entitled to revoke your order).
You may revoke your stated intent of entering into a contractual agreement with us, without having to give reasons, in writing (e. g., letter, fax, eMail) within a two-week period. The deadline is two weeks after you receive this advisory in writing. However, the two-week grace period does neither begin until you have entered into a contractual agreement with us, nor until we have fulfilled our advisory duties as stipulated in § 312c Para. 2 BGB in conjunction with § 1 Abs. 1, 2 and 4 BGB-InfoV, as well as our duties according to § 312e Para. 1 sentence 1 BGB in conjunction with § 3 BGB-InfoV. In order to meet the revocation deadline, timely dispatch of the revocation notice suffices. The revocation notice is to be addressed to:
Gabriele Aretz
Weberstrasse 37
52064 Aachen
GERMANY
aretz@stockcreator.com
Your right to revoke your order becomes void before the aforementioned period has elapsed if you download the software before exercising your right to revoke your order.
Consequences of Revoking Your Order
In case of an effective, lawful revocation, the reciprocally received benefits must be returned, and any eventual extra benefits (e. g., interest earned) must also be surrendered. If you cannot return the service rendered, either as a whole or in part, or can only return it in an inferior condition, you may be obliged to compensate us for such loss of value. Legal duties to return payments received must be fulfilled within a period of thirty days. For you, that period begins with the act of dispatching the notice stating that you wish to revoke your order, for us it begins with receipt of said notice.
End of cancellation policy advisory.
