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General Terms and Conditions
This is a translation created with the help of deepl.com and is for information purposes only. The German version is legally binding.
1. VALIDITY OF THESE GENERAL TERMS AND CONDITIONS
toonsUp provides services on the basis of the following General Terms and Conditions ("GTC").
The services refer to the areas for registered users as well as to orders in the online shop.
If you use the services of toonsUp, you recognise the validity of these GTC.
The T&Cs may be updated by us from time to time without notification. They will be published here.
If you do not wish to be bound by these GTC, you may not use the services of toonsUp!
The operator of toonsUp is: Interessenverband Comic e.V. ICOM, Danneckerstraße 12, 70182 Stuttgart, Germany.
2. SERVICE DESCRIPTION
toonsUp currently grants registered users access to a variety of services via its web-based platform, such as the display of images, presentation of their own profile and communication with other users.
The services are reserved exclusively for users in the cartoon, comic, illustration, graphics and animated film sector.
Unless expressly stated otherwise, all new offers that expand or improve the current services, including the offer of new services, are subject to the provisions of these GTC.
The Services are offered as toonsUp deems appropriate and subject to availability.
toonsUp accepts no responsibility for any delay, deletion, mistransmission or memory failure in communications between users or in connection with personalised areas.
It should be noted that toonsUp has some areas in the Services that require you to be of legal age and maturity. You must be at least 18 years of age to access and view such areas.
3. REGISTRATION OBLIGATION
In order to use the Services, you agree to (a) provide true, accurate, current and complete information about yourself (the "Registration Data") as prompted by the Registration Form, and (b) update such Registration Data as necessary to keep it true, accurate, current and complete.
If any of the information you provide is untrue, inaccurate, outdated or incomplete, or if toonsUp has reason to believe that such information is untrue, inaccurate, outdated or incomplete, toonsUp shall be entitled to delete your user account ("Account") temporarily or permanently and to exclude you from any use of any or all of the Services now and in the future.
A person may only have one user account unless otherwise agreed with the operator.
4. DATA PROTECTION
Your registration data and certain other personal data are subject to our data protection regulations. You can find further information on this under the data protection information. toonsUp may contact you in important matters.
5. ACCOUNT, PASSWORD AND SECURITY
When you register, you define a user name and password for access to your account, user account or login area.
You must ensure that your password and account are not made accessible to third parties and you are fully responsible for all actions taken using your password or account.
You are obliged to inform toonsUp immediately of any misuse of your password or account and of any other breach of security regulations.
You must also ensure that you exit your account after each use.
toonsUp excludes all liability for loss or damage resulting from failure to fulfil the obligations in this section.
6. TRANSFER OF USE TO THIRD PARTIES / MINORS
By using our Services, you acknowledge that the owner of an account is fully responsible for all activities that occur through his or her account.
If you have authorised another person, such as a minor, to use your account, you acknowledge that you are fully responsible for (a) that user's online conduct, (b) controlling that user's access to and use of the Services, and (c) the consequences of any misuse.
Children under the age of 12 may not use the Services without the consent of their parents. Parents who wish to allow their children to access the Services should assist them in setting up an account and supervising the use of the Services.
If parents allow their children to use toonsUp Services, they will have access to the works displayed here. Please bear in mind that the Services are intended to appeal to a wide audience. They may therefore contain material that is unsuitable for minors. It is your responsibility as a legal guardian to determine whether and, if so, which of the Services and/or content is suitable for your child.
7. RESPONSIBILITIES AND OBLIGATIONS OF USERS
The responsibility for all information, data, text, photos, graphics, videos or other materials ("Content") that are generally published or privately transmitted lies solely with the person from whom such Content originates.
This means that you, and not toonsUp, are entirely responsible for any Content that you input, upload ("Upload") to our server, or otherwise transmit through the Services.
toonsUp does not guarantee the control of the content that you pass on via the Services. Therefore, toonsUp does not guarantee the accuracy, appropriateness or quality of such content. You understand that by using the Services, you may be exposed to Content that could be considered offensive.
Under no circumstances will toonsUp be liable for any Content, including, without limitation, for any errors, inaccuracies or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Services.
You may not, in the course of using the Services:
publish data, texts, images, files, links or other content which, in the opinion of toonsUp, are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racist or otherwise objectionable;
harm minors in any way;
impersonate another person in the Services, e.g. a representative of toonsUp or any other person responsible for the Service, or pretend a non-existent relationship with such persons;
falsify headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
enter, publish, email or otherwise transmit Content that you are not authorised to disclose (e.g. due to confidentiality obligations, etc.);
enter, publish, email or otherwise transmit content that infringes the rights of third parties, in particular patents, trademarks, copyrights, trade secrets or other proprietary rights;
enter, publish, email or otherwise transmit unsolicited advertising, promotional material, junk mail, mass email ("spam"), chain letters, pyramid schemes or other advertising;
enter, post, email or otherwise transmit any material that contains software viruses or any other information, files or programs designed or capable of disrupting, destroying or impairing the operation of any computer software, hardware or telecommunications equipment;
interfere with the technical operation of the Services or disrupt the normal flow of communication, such as causing the screen to scroll faster than other users of the Services can enter content or otherwise interfere with the ability of other users to communicate in real time;
interfere with or disrupt the Services or the servers or networks connected to the Services or fail to comply with any rules, procedures or other regulations of networks connected to the Services;
violate any national or international law in connection with any Service;
harass, threaten, defame, cause distress or embarrassment to, or otherwise cause inconvenience to, any person, entity or group of persons;
collect or store personal data about other users.
toonsUp does not check or control content, but reserves the right to reject content that is accessible via the Services or to publish it elsewhere within the Services. There is no legal obligation to do so. This applies in particular to content that violates these GTC or is objectionable for other reasons. You alone must evaluate and bear the risks associated with the use of Content, including the risks arising from your reliance on the accuracy, completeness or usefulness of Content for your purposes. In this respect, you acknowledge that you may not rely on content created by toonsUp or provided toonsUp by third parties.
toonsUp may retain and disclose Content to third parties as required by law or in its sole discretion as necessary or appropriate to (a) comply with legal process or a judicial or governmental request, (b) enforce these Terms, (c) respond to claims of violations by third parties, or (d) protect the rights, property or personal safety of toonsUp, its users or the public.
Please note that the technical processing and transmission of the Services, including the content you enter, may require (a) transmissions over various networks and/or (b) changes to meet the technical requirements of connected networks or other technical facilities.
8. SPECIAL INSTRUCTIONS FOR INTERNATIONAL USE
In view of the universality of the Internet, you undertake to comply with all applicable national and international regulations relating to online behaviour and the legality and appropriateness of content. In particular, you declare that you will comply with all applicable national laws regarding the export of technical data.
9. RIGHTS TO PUBLISHED CONTENT
If you enter or upload content via the services of toonsUp, you transfer to toonsUp the simple, non-exclusive, perpetual, irrevocable and free right (including the right to grant sub-licences) to use, process, reproduce, modify, adapt, translate, distribute, display or publish this content in whole or in part and thus make it visible worldwide.
This right includes the use on the platform, but also to incorporate the content into other works, media or technologies, regardless of whether they are currently known or have yet to be developed, in whatever form.
toonsUp does not claim any further rights to this content. You may continue to freely dispose of your content.
If you are not the owner of the rights to the content you have entered, you guarantee that the owner of the rights to this content has agreed to the transfer of rights in accordance with the above provisions. Any damages arising in this connection from the infringement of copyrights or rights of use shall be borne exclusively by the user who has transferred this content to the platform.
10. INDEMNIFICATION
You hereby agree that you will release and hold harmless toonsUp and toonsUp's affiliates, subsidiaries, employees, agents, co-branders or other business partners and employees from any claim or demand made by any third party due to or arising out of Content that you enter, post or transmit to the Services or is collected as a result of your use of the Services, your connection to the Services or your violation of these Terms or any rights of a third party. This also applies to reasonable legal fees.
11. NO COMMERCIAL USE OF THE SERVICES
You may not copy, reproduce, imitate, sell, resell or exploit for any commercial purpose whatsoever the Services or any portion thereof, your use of or access to the Services, unless expressly permitted by toonsUp.
12. GENERAL RULES OF USE AND STORAGE
You acknowledge that toonsUp has the right to establish or change general rules and limitations regarding use of the Services.
These would be, for example, restrictions on the number of images that can be uploaded or restrictions on the display of content.
You agree that toonsUp has no responsibility or liability for the deletion of, or failure to store, any data relating to messages, any communications or other content entered and transmitted as part of the Services. You agree that toonsUp reserves the right to delete accounts that have not been used for an extended period of time. You further agree that toonsUp reserves the right to change such general rules and limitations at any time in its sole discretion, with or without notice to users.
13. CHANGES TO THE SERVICES
toonsUp reserves the right to temporarily or permanently change, interrupt or discontinue all or individual services at any time with or without notice to the users. You agree that toonsUp shall not be liable to you or to any third party for any modification, suspension, or discontinuance of any or all Services.
14. TERMINATION
You can delete your account at any time for any reason. toonsUp will then delete the stored data. This particularly applies to personal data and uploaded files. Under certain circumstances, certain content such as comments will continue to be displayed, but will then be anonymized.
You agree that toonsUp may also, in its sole discretion and for any reason, terminate your user password, your account (or any part thereof), or any other use of the Services by you, and delete any Content.
This applies in particular if you have not used the services for a long time or if toonsUp assumes that you have violated these General Terms and Conditions or have not followed essential principles of the General Terms and Conditions.
You agree that any termination of your access to the Services in accordance with the terms of this Agreement may be effected without prior notice and that toonsUp will immediately terminate or delete your account and all information and files associated therewith and/or any further access to such files or to the Services.
Further, you agree that toonsUp shall not be liable to you or any third party for any termination of access to the Services.
If your account is deleted, you will only be able to regain access to the Services with the prior written consent of toonsUp. You may also not assist a user whose account has been deleted to access the Services through or through your account.
15. DEALINGS WITH THIRD PARTIES / ADVERTISING
The communication or business relationships with commercial providers or other third parties that you know about or are referred to through the Services, in particular the payment and delivery of goods or services as well as any contractual provisions, warranties or representations in connection with such transactions, take place exclusively in the relationship between you and such third party. toonsUp is not responsible or liable for any loss or damage arising from any such dealings or from the presence of such providers on the Services.
16. LINKS
toonsUp, other users or third parties may link to other websites (“Sites”) or sources. Because toonsUp has no control over such sites and resources, toonsUp is not responsible or liable for the availability of such external sites or resources, and does not endorse and excludes any content available on or through such sites or resources liability or warranty in relation thereto. ToonsUp cannot therefore be held responsible, directly or indirectly, for any damage or loss arising out of or in connection with the use of or reliance on any such content or any goods or services available through such external sites or Sources were obtained.
17. PROPRIETARY RIGHTS
You acknowledge that the Services and any necessary software used in connection with the Services ("Software") are subject to proprietary rights and contain confidential information that is protected by laws, particularly those protecting intellectual property. You further acknowledge that content contained in sponsor advertising and information obtained through the Services or from advertisers is protected by copyright, trademark, patent or other proprietary rights or laws. Unless agreed in writing by toonsUp or the applicable advertisers, you may not modify, rent, lease, loan, sell, distribute or transform any work based on the Services or Software, in whole or in part.
toonsUp grants you a personal, non-transferable and non-exclusive right to use the Services and associated software via a web browser as intended.
It is prohibited to copy, modify, otherwise use, distribute, sell, make the software or parts thereof accessible to others or otherwise attempt to locate the source code.
You may not modify the Software in any way or use modified versions of the Software, in particular not for the purpose of gaining unauthorized access to the Services.
You may not access the Services by any means other than through the interface provided to you by toonsUp.
18. DISCLAIMER OF WARRANTIES
a. Use of the Services is at your own risk. The services are offered in the form deemed good by toonsUp and subject to availability.
b. toonsUp does not guarantee that the Services will meet your requirements and will be available at all times without interruption, on a timely basis, securely or error-free. toonsUp makes no warranty as to the results that may be obtained from the use of the Services, the accuracy or reliability of any information obtained through the Services, or that the quality of any goods, services or information obtained in connection with the Services will meet your expectations corresponds. ToonsUp also does not guarantee that the hardware and software used for the services will work error-free at all times or that any errors in the hardware or software will be corrected.
c. Downloading or otherwise obtaining content in connection with the Services is at your own risk and you are responsible for any damage to your computer system or other technical equipment used, loss of data or any other harm resulting from downloading content or other transactions solely responsible in connection with the Services.
d. Any advice or information you receive as part of the Services, whether written or oral, shall not create any warranty from toonsUp unless expressly agreed to.
19. LIMITATION OF LIABILITY
toonsUp is not liable for the conduct of users or other third parties or for any content or statements made by users or other third parties as part of the Services. toonsUp is also not liable for damages arising from the use or inability to use the services. In particular, toonsUp is not liable for costs of replacement or for costs in connection with any goods or services purchased, messages received or other transactions or from unauthorized access to the services or changes to your input or data or in any other way in connection with the Services emerge. toonsUp will not be liable to you or anyone else for any damages arising from any interruption, suspension or discontinuance of the Services. We expressly point out that the services may contain content that is harmful to minors or otherwise objectionable. toonsUp is not liable for damages resulting from access to such or other content (see also Section 6 above).
ToonsUp's liability, if such liability exists regardless of the above regulations for whatever legal reason, is in any case limited to direct damages and those caused by intentional or grossly negligent behavior or due to the violation of something essential to the contractual relationship primary duty. For damages based on a negligent violation of non-essential contractual obligations or obligations within the scope of contract negotiations, liability for indirect damages and atypical consequential damages is excluded and is otherwise limited in amount to the average damages typical for the contract. Any mandatory liability under the Product Liability Act remains unaffected.
20. GROUP COMPANIES
The above warranty and liability limitations also apply to companies affiliated with toonsUp in the group as well as to their employees and agents.
21. EXCLUSION PERIOD
Without prejudice to any shorter time limits required by law, any claim arising out of or related to use of the Service or these Terms of Use must be brought within one (1) year after it arose or be forever barred.
22. NOTIFICATIONS
Notices to you may be provided either by email or by post. You can also be informed about changes to these Terms and Conditions or other matters by publishing notices or links in the relevant services.
23. BRANDS
toonsUp and all logos, icons or other graphics from toonsUp may not be published or used in any other way without the prior consent of toonsUp.
24. COPYRIGHTS
toonsUp respects the intellectual property of others and encourages users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide toonsUp's copyright officer:
an electronic or handwritten signature of the person authorized to act on behalf of the right holder;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located;
your address, telephone number and email address;
a statement by you that, to the best of your knowledge and belief, the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
ToonsUp's contact details can be found in our legal notice.
25. CHANGES TO THESE TERMS
toonsUp reserves the right to change or supplement these terms and conditions in the future. You will be notified separately of any changes or additions to these General Terms and Conditions. The changed or supplemented terms and conditions will only apply if you use toonsUp's services again after receiving the notice.
26. GENERAL PROVISIONS
a. The failure of toonsUp to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
b. Please note that additional terms and conditions may apply when you use affiliated services, third-party content or third-party software.
27. APPLICABLE LAW AND JURISDICTION
These Terms and Conditions and the use of the Services are governed by German law, with the exception of its conflict of law provisions.
The courts in Stuttgart have exclusive jurisdiction for disputes arising from or in connection with the use of the services and/or these General Terms and Conditions if you are a merchant or do not have a permanent residence in Germany, have moved your place of residence or usual place of residence abroad after these General Terms and Conditions come into effect or if your place of residence or habitual residence is not known at the time the lawsuit is filed.
28. SEVERABILITY
If a provision of these General Terms and Conditions is invalid, the validity of the remaining provisions will not be affected.