General terms and conditions
1. Scope of application
Our Services shall be provided exclusively on the basis of the following Terms and Conditions of Use. By accessing the portal loveprototo.com and using our Services, you acknowledge that these Terms and Conditions of Use are binding for you.
In case of doubt, only the German version of these Terms and Conditions of Use shall be decisive. The English version which we make available merely constitutes a translation of the German version, and is not legally binding.
2. Purpose of this contract
The purpose of the contract is to create a "social sculpture" by means of the content uploaded to our portal by the users. Upon entering into the contract, you are provided with the possibility of uploading to our internet portal loveprototo.com content in the form of images, texts, films or music, and making it accessible to others. You will also be provided with the possibility of communicating with other users via our portal.
We offer this Service free of charge, but subject to modifications and without accepting any legal obligation to continue operations. We have the right to cease operation of our internet portal at any time without prior notice.
The contract with us is concluded when you register as a user on our website. Only individuals are permitted to register as users. During the registration process, the user must provide his/her real name and e-mail address; we will only use this information to communicate with the user, and shall not make it accessible to other users. If the user provides incorrect information during this process, we shall have the right to block the user account once we learn of this, and to exclude the user from further using our portal.
In addition to this, the user may choose a user name under which he/she will appear on our portal. The selected user name does not need to correspond to the user's real name; however, it must not be offensive or infringe upon third party rights; in particular, it is not permitted to use as user names the name of another real person without such person's consent.
During initial registration, the user will furthermore have to select a password which is required for the subsequent login as a user in our portal. The user can change the password at any time. He/she shall be obligated to protect his/her user data, in particular the password, against access by third parties.
4. Granting of rights
All copyrights and ancillary copyrights, industrial property rights and other intellectual property rights relating to the content uploaded to our portal shall remain with the user. Upon transferring such content, you merely grant us the right to store and copy such content and to make it publicly accessible in as far as this is required for the operation and use of our internet portal. We undertake not to use the transferred data and content for any other purposes. The granting of the rights to the uploaded content shall end upon removal of such content from our portal, upon deletion of the user account or upon termination or expiry of the contract.
In order to use our portal, it is required to upload a short video showing the user himself/herself saying the words "I love you" in a language of his/her choice. This video will be used to automatically generate a still image (project image) into which the words "I love you" will be inserted in the relevant language used. The user hereby grants us ordinary and unrestricted rights of usage in this project image, encompassing all types of usage. These usage rights shall be unrestricted with regard to territory and time, and shall survive the termination or expiry of this contract. It shall in particular also include the right to disseminate and display the project image outside our internet portal, and to use it for advertising purposes for our portal and for the project "love pro toto".
5. User's Obligations
You are obligated to be considerate of the interests of other users, and to not infringe upon their rights, nor upon third party rights. Your contributions to our portal must not violate legal provisions. In particular, the content uploaded by you must not violate existing copyrights, trademark rights and other third party property rights, the rights to a person's image and the provisions of criminal law. Your obligations therefore include refraining from disseminating any misleading, harmful, defamatory, libelling, malicious, demagogic, obscene or racist statements. The transfer of content to our portal is only permitted if you are holding the rights to use and make publicly accessible such content, and if third party rights do not stand against the public accessibility of such content. If content in which third parties are holding property rights is used in a lawful manner, you must maintain all existing references to such property rights in an unmodified form, and comply with them.
You are obligated to refrain from any activities which may endanger the safety or functionability of our portal. In particular, it is prohibited to upload viruses, Trojans or other infected files, to intentionally cause overload of our portal or to use our portal to disseminate spam.
6. Consequences of breaches of obligations
We reserve the right to remove from our portal any content which violates legal provisions, third party rights or contractual obligations, in particular those specified in clause 5. above, at any time after learning of them, without prior consultation with the user. In the event of violations of contractual obligations, we furthermore reserve the right to block the user account and to exclude the user from any further usage of our portal.
7. User's liability
You shall be liable for all damage incurred by us or by third parties on account of a culpable violation of legal provisions, third party rights or contractual obligations committed by you when using our portal. You are furthermore obligated to indemnify us against any and all third party claims asserted on account of such violations. This obligation shall also comprise the costs required for the defence against such claims.
If you have intentionally made possible the usage of your user account for a third party, or have culpably failed to prevent the unauthorised usage of your user account by a third party, in particular if you have failed to sufficiently protect your password against access by third parties, you shall be liable for all infringing activities committed by third parties via your user account, in the same manner as for your own infringing activities.
8. Our liability
We are liable without restrictions, in accordance with the legal provisions, for culpable loss of life, bodily injuries or damage to the health of a person and for any other damage caused due to an intentional or grossly negligent violation of obligations. Otherwise, we shall only be liable for violations of essential contractual obligations, provided that liability in such cases shall be limited to the typical and foreseeable damage. This shall also apply with regard to our liability for mistakes on the part of our legal representatives or vicarious agents. The mandatory liability under the Produkthaftungsgesetz (German product liability act) shall not be affected by the above.
9. Termination of the contract
The user shall at all times have the right to terminate the contract by deleting his/her user account. We have the right to terminate the contract by a termination for cause without prior notice, in accordance with the legal provisions.
10. Governing law
The contractual relations between us and the user shall be governed by German law, to the exclusion of UN sales law.