1. General Information
If you do not agree to be bound by all of these Terms, you are not allowed to access or use the Service.
The use of certain applications within "siteface Bookmarking" - particularly those that require the acceptance of supplementary conditions or a separate agreement - can be limited to specific Users and / or User Groups.
2. Registration for "siteface Bookmarking"
The use of "siteface Bookmarking" requires the User to register with www.siteface.net. This process is called "registration". Application and registration are free of charge to the User.
Approved for registration are only legally competent persons.
Each User may only register once and create one User account. Upon registration the User agrees that he is not a member of "siteface Bookmarking" nor has deleted a previously existing account (see also paragraph 3.1).
The User must provide the requested information completely and correctly, if and when it is not marked as optional information. The User may use a pseudonym, such as an artist name, alias or any invented name instead of his real name, but it is prohibited to register with a third party’s data or with otherwise inaccurate data.
After registration, the Operator will send the User an automatic confirmation by email. The email contains a hyperlink via which the User can verify that the email address stated is correct. The User undertakes to provide that verification. Until verification is provided, the Operator may restrict or prevent access to "siteface Bookmarking" at any time. If the registration is not completed within a certain time frame, the User and previously uploaded pictures and albums will be deleted.
After successful completion of the registration process the User can use "siteface Bookmarking". The User can log in by entering his e-mail and password.
If registration is not completed within a certain time frame, all data will be deleted.
A right to enter into a license agreement does not exist. The Operator may reject an application in his sole discretion without stating reasons. In this case the Operator deletes information provided by the User with the registration form immediately.
Identification of people on the Internet is only possible to a limited extent. Consequently, the Operator cannot provide any guarantee of the correctness of the actual identity of a User. Each User must convince himself of the identity of other Users.
3. Delete account
A user can cancel the license agreement at any time without any reason and without any deadline requirements by deleting his User account. To terminate the contract, the User simply has to click the “Delete my account” button under the “Profile/settings” menu. Within this function, all images and the User profile will be deleted.
The Operator has the right to cancel the contract at any time without giving reasons by giving the User notice 14 days prior to the month's end. The right to terminate the Agreement for good cause (see paragraph 6) remains unaffected.
With the deletion of the User's account all personal data and all user collections will permanently be deleted. Those albums that are shared with others, remain exempt.
4. Subject matter
With "siteface Bookmarking" the User can create and manage bookmark collections. These collections can be kept private or can be unlocked for other users. The User has full control of his bookmarks.
The Operator has the right to develop, change, modify or extend "siteface Bookmarking" at any time.
The Operator shall restrict the availability of the service temporarily if this is required in respect of capacity limits, the security or integrity of the servers or in order to carry out technical measures, and if this serves the proper or improved rendering of the services (maintenance work). In such cases, the Operator shall take account of the Client's legitimate interests, e.g. by providing advance information.
"siteface Bookmarking" eventually allows Users to communicate with each other, for example, in the context of private messages or comments. The Operator only provides those technical applications that allow Users to contact one another. The Operator does not participate in content-specific communication amongst Users. The Operator shall not be held liable if Users are unable to contact one another. There is no guarantee that messages will be received, and we are not responsible for lost, misdirected or deleted messages.
"siteface Bookmarking" may include links to third-party contents. These third-party contents are identified with a corresponding notice, e.g., “Advertisement” or “Presented by”. If and insofar as the conclusion of a contract is offered in connection with these third-party contents, this is then concluded exclusively with the respective responsible party identified as offering it.
The Operator does not provide any guarantee or responsibility of the correctness of the data or information linked to on third-party websites.
5. Service Packages
"siteface Bookmarking" may offers different, chargeable packages. With the acquisition of a package you get special additional services such as more data storage or more collections.
5.2 Pricing and features of Service Packages
The operator reserves the right to change the features of the different packages or pricing at any time. All packages and fees can be viewed in the internal area of www.siteface.net.
If you purchase a package, you authorize us to charge the purchase fee. The Operator may provide several payment options.
When you place an order to purchase a package via credit/debit card you will be asked to enter or provide certain information including your name, address, contact telephone number, email address and debit/credit card details. This information is required to contact you and to process the transaction. You authorize us to charge your credit card or bank account for all fees payable during the Subscription Term. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party.
You may at any time delete your account.
6. Users Obligations
"siteface Bookmarking" is governed by certain Rules of Conduct that must be adhered to by all users. Your access to and the use of "siteface Bookmarking" are conditioned on your acceptance of and compliance with these Terms. You are responsible for complying with all applicable laws, rules and regulations and all third-party rights.
6.1 During the registration process and in terms of access data
The User must keep its User password secret and is responsible for the protection of this data. The User name and password are personal information. This information may not be disclosed to third parties and must be protected against unauthorized access by third parties.
Each Registered User shall be obligated to notify the Operator without delay as soon as third parties obtain knowledge of its data or as soon as an instance of misuse occurs. Please write an email to firstname.lastname@example.org in such case.
The User is obliged to change his password immediately, should he suspect that third parties have gained unauthorized access to it. The User is hereby recommended to regularly change his password for security reasons.
The Registered User is fully responsible for all activities and entries made through its User name.
The Operator shall not be liable for damage caused to the Registered User by the misuse or loss of its User data.
6.2 When uploading and processing pictures and content within "siteface Bookmarking"
You are aware that you are personally and solely responsible for any content (especially digital pictures) that you upload, post or otherwise transmit. You warrant that the digital images you upload to "siteface Bookmarking" do not infringe third party rights, in particular, do not infringe copyright, personality or registered design rights.
The User is obliged to not distribute any content (especially digital pictures) that violates legal regulations, the rights of third parties or morality.
You shall indemnify us against all third party claims issued against us for breach of 6.2.1 and 6.2.2. This shall include all costs of necessary legal defense or for bringing the action.
6.3 When publishing photo albums or digital images
Each user may create photo albums and upload digital images in order to manage them, show them to friends or other users. Users can invite friends and family to browse through private photo albums. Furthermore users can add a small image in their profile. Other Users may see this image whenever they view the User’s profile or access any of the user’s public albums.
The user is allowed to upload only those images he owns the rights for. For publications in reference to third parties the third party's approval has to be obtained. The User is responsible for complying with all applicable laws, rules and regulations and all third-party rights.
It is prohibited to post violent, nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
Don't upload photos without the permission of the people who own the place where the photos were taken or the individuals in the pictures.
You can delete your collections.
We reserve the right to remove photos or albums for any reason and without notice, when we believe that this material violates our terms and policies.
6.4 When using the content within "siteface Bookmarking"
Images may not be copied, sold, distributed or otherwise made publicly available without the permission of their respective owners.
6.5 In Reference to Data Backup
The User is obliged to backup his digital images to ensure unrestricted access to to the data - independently of the "siteface Bookmarking" Service - is always possible.
6.6 Due to failure of "siteface Bookmarking"
We care about the security of our Users. While we work to protect the security of your content and account, we cannot guarantee that unauthorized third parties will not be able to counter our security measures.
It is prohibited to act in any manner which aims to inhibit and / or interrupt the function of the services and/or the servers and/or the networks which are connected to the services.
The malicious use of the services for any kind of electronic attacks aiming to obstruct the use of the services itself or the use of third services, to take advantage of vulnerabilities, to have illegal access to the systems of third parties and to hack personal data is prohibited.
More specifically but not exclusively:
It is prohibited to act in any manner which aims to inhibit and / or interrupt the function of the services and/or the servers and/or the networks which are connected to the services as well as to ignore the claims, the procedures, the policies or the regulation of the networks connected to the services.
It is prohibited to obstruct and/or inhibit any other user from appropriate use of the services.
It is prohibited to create user accounts through automated media or using false pretexts.
It is prohibited to share data which contains viruses, Trojan horses or corrupted software which aims to take advantage of vulnerabilities with the aim to attack electronically and to have illegal access to systems of third parties.
It is prohibited to use the services for the creation of web pages in order to hack personal data or passwords.
It is prohibited to defame, insult, harass, persecute, threaten or in any other way to violate the legal rights (such as the right of privacy and the right of publicity) of third parties.
7. Consequences of non-compliance by users
When deciding about the sanction to impose the Operator will include the legitimate interests of the user concerned and will take into account whether the erratic behaviour occurred without any fault on the respective User's part or not.
The following measures and sanctions are considered by the Operator:
Deletion of a User's content like albums or pictures - partly or fully,
admonishment of a User,
restriction of platform applications that can be used,
blocking the User temporary,
blocking the User ultimate
If a User has been blocked a further use of the platform is prohibited for him/her. Moreover a blocked User must not register anew on the platform.
8. Indemnification by the User
The User indemnifies the Operator for all claims of third parties due to a violation of their rights stemming from content made available on the platform by the User or stemming from the user' utilisation of the platform applications.
The User bears the necessary expense of counsel of the Operator including all court costs and legal fees at the rate regulated by law. This is not the case if the infringement didn't occur due to negligence.
In the case of a third-party claim the User is obliged to disclose immediately, truthfully and exhaustive all information at his/her disposal that are required for an assessment of the claims and a defence. In excess thereof, any rights of the Operator to request additional claims for damages remain unaffected.
9. Limited Liability by the Operator
The Operator as a service provider is not obliged to monitor the transmitted or saved information or to investigate the circumstances alluding to illegal actions. If the Operator, however, gets notice of illegal actions of a User or information on the platform the information will be deleted immediately or the access to the information will be blocked.
The Operator, and the Operator's partners, employees and investors, will not be liable for any loss or damage that is not reasonably foreseeable.
For damages culpably caused by the behaviour of legal representatives, leading employees and other vicarious agents of the Operator, the Operator is liable limited to the typical damages and such damages foreseeable at the time of the application use.
10. Data Security
The User decides whether and collections he makes accessible for other Users: On the one hand, the user determines him-/herself if and to which extent he/she enters and saves content to the own profile; on the other hand Users have the possibility to change the settings any time in order to limit the publication of their data and their content.
Collection, processing and use of person-related data by the Operator comply with the current data protection regulations.
It is prohibited for the Users to pass on contact information about other users obtained via the platform to a third party without the respective user's approval and/or to use or let use the information for promotion purposes including telephone calls (e.g. objectionable calls on the mobile [SPOM] or via internet telephony [SPIT]) or for promotion purposes including the use of electronic mail (e.g. objectionable e-mail or text message promotion as well as via the contact forms of the platform).
11. Other, Future Alterations and Final Provisions
The above-mentioned right to make alterations does not concern any alteration of the description of the subject of the contract (cf. paragraph 4). The Operator informs the user about alterations and/or deviations of the stated scope of services and offers him/her the continuation of the contractual relationship at the altered conditions if the interests of the users are affected due to the changes and/or deviations. The User's continuous right to withdraw (cf. paragraph 3.1) remains unaffected.
The registered User will be notified per email about other altered clauses which are not covered by paragraph 11.1.
For the purpose of fulfilment of the contract and hence the supply of the services the Operator is contractually obliged to, the Operator can use third parties as vicarious agents.
Instead of the Operator third parties can step in with respect to the rights and obligations resulting from this contract for the Operator. In this case the User is entitled to cease the contractual relationship with the Operator without giving reasons (cf. paragraph 3.1).
All matters relating to contracts, products or services of the Operator will be governed by the laws of the Federal Republic of Germany. This is valid even if the customer's residence is located in a different state. Place of performance and legal venue is Siegen. In case of litigation, the Operator is entitled to sue even at the general venue of the customer.
We may modify these terms of service and we recommend that you look at the terms regularly. If you have any questions about these terms, feel free to contact us about email@example.com.
11.6 Severability Clause
If one or more than one of these determinations should be inoperative or incomplete due to the applicable law, the other regulations will remain active in spite of this. In such a case, the inoperative or incomplete terms will be replaced by the regulation of the applicable law, which matches best most to the ineffective term.