1.1 The Platform
1.2 Validity of the Terms and Conditions
1.3 Scope
1.4 Erotic Photographs
2. Cancellation rights
2.1 User's Right to Cancel
2.2 Right to Cancel of the Company Voigt & Voigt
3. Rights and Obligations of the Contractor
3.1 Rights
3.2 Obligations
3.2.1 The User's Obligation to Scrutinize / Rights of Third Parties
3.2.2 Obligation to Tell the Truth
3.2.3 Nude Photography
4. Rights of the Company Voigt & Voigt, Hamburg as Operating Company
5. Liability
5.1 Exemption
6. Responsibility
6.1 Reporting of Unlawful Contents
7. Copyright
8. Data protection
9. Payment
10. Concluding Remarks
10.1 Accessibility of V like Vintage Website
10.2 Invalid Clauses
10.3 Overlapping
10.4 Legal relationships
10.5 Place of Jurisdiction
10.6 Other
1.1 The Platform
V like Vintage is an open-access Internet platform with free and paying services. V like Vintage offers users in particular the opportunity to put their own photos onto the Internet platform and to publish them.
The owner and operator of this Internet platform is the company Voigt & Voigt, Hamburg. Further details about the company and the complete address with details of contact persons are given in the Imprint (here).
Users who would like to publish photographs using this platform (hereinafter called contractors), must set up a user account which in its basic form is provided cost-free. We reserve the right to offer paying user accounts with extended functions and possibilities at a later date.
1.2 Validity of the Terms and Conditions By setting up a user account offered by V like Vintage the user enters into a legally valid and binding contractual relationship with the company Voigt & Voigt, Hamburg. In setting up the user account the contractor accepts these Terms and Conditions. Supplementary agreements can be made to these Terms and Conditions for separate services offered by the platform V like Vintage, such as, for example, competitions.
1.3 Scope These Terms and Conditions are valid exclusively within the Internet platform V like Vintage and the services made available therein.
As operators of V like Vintage we cannot take responsibility in particular for material to which you gain access via a link on this site. V like Vintage has no influence whatsoever on the content of other Internet sites nor does it make their contents its own.
External websites which have links to the V like Vintage websites or which are accessible via linking onto our V like Vintage Internet platforms do not form part of our Terms and Conditions.
1.4 Erotic PhotographsPhotographs may be displayed on this Internet platform V like Vintage that depict amongst other things erotic contents. The photographs are designed to be of artistic or historical interest and neither morally harmful to young people nor pornographic. For that reason Voigt & Voigt, Hamburg as operator of this Internet platform is not obliged to use electronic protective measures for age control or to appoint a commissioner for the protection of minors.
2. Rights of Cancellation
2.1 User's Right of CancellationThe contractor has the right at any time and without giving reasons to end the contract he has made with Voigt & Voigt, Hamburg by deleting his user account without notice.
2.2 Cancellation Rights of the Company Voigt & Voigt The company Voigt & Voigt has the right to dissolve contractual relationships involving payment with immediate effect and without previous notification and to suspend or delete user accounts if the contractor:
- passes on legally protected contents of the Internet platform V like Vintage (e.g. protected through copyright, trademark law, patent law, design protection law or utility patent) without having the right to do so, or advertises, offers or runs legally protected goods or services,
- publishes photographs of persons without their express or tacit agreement,
- transfers in any way executable code or software in any form onto our server without the express permission of the company Voigt & Voigt, Hamburg or attempts to do this,
- attempts to manipulate a server belonging to the Internet platform V like Vintage operator or the Internet platform in any way that is not directly connected to the approved functions or the contractor's rights listed in these Terms and Conditions,
- disseminates mass advertising material, emails or similar via the Internet platform V like Vintage without the express permission of Voigt & Voigt, Hamburg or carries out, promotes or supports pyramid selling techniques,
- is in default of payment,
- is in breach of the stipulations agreed in these Terms and Conditions,
- violates in any way a valid law or if the company Voigt & Voigt has a justified doubt that this is the case,
- insults other persons or in any way violates their rights or honour,
- publishes forbidden, racist, pornographic, violence-promoting or in any other way offensive contents via the Internet platform V like Vintage, makes links to or in any other way associates these with V like Vintage. This also applies in particular to the publishing of photographs, reproducing or identifying anti-constitutional ideas or contents which violate the rights of individual persons or groups in the population.
The operator of this Internet platform reserves the right to forbid the reproduction of National Socialist symbols through termination of the contractual relationship even when it is supposedly a matter of pure reporting on current events or history or for similar purposes. V like Vintage expressly distances itself from any form of extreme right-wing ideology.
In cases that are considered not too severe a warning may be given first. If the user account is closed, inactivated or deleted for any of the reasons given above, fees that have already been paid will not be returned. Furthermore, if the account is deleted all contents placed there by that contractor may be deleted.
Voigt & Voigt, Hamburg further reserves the right to cancel free user accounts with immediate effect and without naming reasons.
The company Voigt & Voigt, Hamburg further retains the right to cancel the arrangement with all contractors if the operation of this Internet platform is terminated.
3. Rights and Obligations of the Contractor
3.1 Rights When he has completed registration procedures and confirmed his acceptance of these Terms and Conditions, the contractor will receive the right to use the Internet platform and the functions made available on it in accordance with the type of user account chosen, these Terms and Conditions and established law.
Usage rights include in particular the right:
- to publish and receive feedback and commentaries on one's own photographs on the Internet platform V like Vintage,
- to display, to evaluate and to comment on photographs from other users of the Internet platform V like Vintage,
- to publish one's own contributions in the forums of the Internet platform V like Vintage and to reply to the contributions of other users,
- to make contact with other users of the platform,
- to take part in prize competitions and contests on the website V like Vintage.
We reserve the right to make future extensions.
The company Voigt & Voigt, Hamburg reserves the right to introduce other paying types of accounts and to alter the range of functions of the different accounts without notice, as long as this takes place within the context of the further development of the Internet platform V like Vintage, and that this is not to the disadvantage of the contractor or merely extends the existing user's rights and functions and does not limit them.
3.2 Obligations
3.2.1 User's Obligation to Scrutinize / Rights of Third Parties The contractor commits himself to scrutinizing carefully all the contents transferred to the internet platform V like Vintage for possible existing rights of third parties (copyrights, personal rights etc.) and to transfer to the Internet platform only contents that are legally acceptable, namely nothing that glorifies violence, is pornographic, racist or morally harmful to minors. This applies in particular to the publishing of photographs that reproduce or identify anti-constitutional ideas or material that violates the rights of, or is degrading to, individual persons or population groups.
Further, the contractor asserts that he has sole copyright and is sole holder of any other rights to the published photographs and texts and is entitled within reasonable bounds to depict all of the objects and persons shown on them. The user himself is responsible for the illustrations. If further persons are depicted, the participants must be able to prove that they have agreed to publication in the case of an objection by a third party.
A general description and summary of possible patents can be found here.
A general description and summary of possible personal rights can be found here.
3.2.2 Obligation to the Truth The user promises that all data given by him at registration are true and complete. The user is obliged to indicate any alteration in his user data immediately. The contractor may not use a pseudonym, except for the user name.
3.2.3 Nude photography The contractor commits himself to publishing nude photographs only in the areas provided, which are appropriately labelled. No primary genitalia may be shown on nude photographs.
4. Rights of the company Voigt & Voigt, Hamburg as Operator
4.1 Scrutinizing, deleting, suspending and editing of the user contributions The company Voigt & Voigt, Hamburg as operator of the internet platform V like Vintage, has the right yet does not accept an obligation, to scrutinize, edit, delete or suspend all contents that are transferred to the platform V like Vintage if they violate the Terms and Conditions and/or established law, if such a violation is suspected or if the content is unsuitable in any way in the opinion of moderators entitled to carry out the above-mentioned sanctions. Further, the company Voigt & Voigt, Hamburg can delegate this right to natural and juristic persons of their choice.
4.2 Alterations to the V like Vintage Website Voigt & Voigt of Hamburg reserves the right to alter the services offered on the V like Vintage website or to offer different services.
5. Liability
5.1 Exemption The contractor exempts the company Voigt & Voigt, Hamburg from all claims including entitlement to damages that other users or any third parties are asserting against Voigt & Voigt because of a violation of their rights through the contents of the V like Vintage website placed there by the user. The user further exempts Voigt & Voigt, Hamburg from all claims including claims for damages that other users or any third parties are asserting against Voigt & Voigt because of violation of their rights through the use of the services of the V like Vintage website. The user will bear all reasonable costs arising for the company Voigt & Voigt, Hamburg on the basis of a violation of the rights of third parties, including the reasonable costs arising from the legal defence. All further rights and claims for damages from Voigt & Voigt, Hamburg remain unaffected. The preceding obligations of the user are not valid if the user is not responsible for the infringement of the law.
6. Responsibility Responsibility for contents provided by the contractor
The company Voigt & Voigt takes no responsibility for material, data and/or information provided by the users of the V like Vintage website or for material on linked external websites. In particular, Voigt & Voigt, Hamburg does not guarantee that this material is true, fulfils a specific purpose or may serve such a purpose.
6.1 Reporting of Unlawful Contents If the user notices that the V like Vintage website is being used in an unlawful way or in a way that is contrary to the contract (including the use of pseudonyms or deceptive identities), he can report it with the contact form available from every page of the V like Vintage website or use the "Report Forbidden Contents" button.
7. Copyright The copyright for all material and pictures transmitted belongs to the sender. The latter, however, confers on the company Voigt & Voigt the right to publish the material and to use it cost-free within the context of this service (e.g. as photo of the day). This right of use conferred on the operator of the Internet platform V like Vintage includes in particular the right, at all times revocable, to the world-wide publication, distribution, transmission or other use of the transferred material exclusively within the context of the Internet, without any claim for payment by the contractor or by third parties. The right to revoke these usage rights conferred on V like Vintage may also be exercised at any time by deleting the photographs provided.
Furthermore the sender of a picture has the possibility while uploading to stipulate approximately the usage rights for the picture.
The downloading of photos from the website V like Vintage cannot be prevented technically. The contractor bears the risks arising from this himself.
The photographs published on V like Vintage are protected by copyright and/or by other protection rights. Their use is always subject to copyright and protection rights as they presently stand. Any use of the photographs, in whole or in part, requires permission in advance from the owner of the rights. This is particularly the case when the usage is for commercial purposes. The owner of the rights to the photographs is first of all the contractor as provider of the photographs, who has conceded the usage rights as previously described in whole or in part to the operator of this platform - V like Vintage.
All photographs provided on V like Vintage identify the name or pseudonym of the user who has provided the photograph for the Internet platform.
The copying of contents in the form of a stored or printed item is allowed only for personal, non-commercial use on condition that legends or other source details are not falsified or deleted.
8. Data protection All personal data are subject to our data processing statement which can be reached from every web page (here).
9. Payment Prices and services can be found in the current list. Price alterations are expressly allowed and will be announced to the user beforehand. Payment is via direct debit.
10. Concluding Remarks
10.1 Accessibility of the V like Vintage web pages The company Voigt & Voigt, Hamburg takes care to provide the best possible technical operation, without breakdowns and faults. The contractor, however, has no claim to constant accessibility and full functioning of the website V like Vintage and its contents. Further, no guarantee can be given that uploaded contents will be published.
10.2 Invalid Clauses If a clause within these Terms and Conditions should be invalid or not practicable, its place will be taken by the legal regulation that comes nearest to expressing the invalid or not practicable clause. The remaining clauses remain unaffected. This also applies to omissions in the contract.
10.3 Overlapping If one or more clauses in these Terms and Conditions or our privacy policy overlap and/or make contrary statements, then the most restrictive clause is valid.
10.4 Legal relationships For all the legal relationships between the company Voigt & Voigt, Hamburg and the contractor, German law is held to be mutually agreed on and valid so far as this is permissible.
10.5 Place of Jurisdiction Place of jurisdiction is the company headquarters of Voigt & Voigt as far as this is permissible.
10.6 Other RemarksFor the rest the statutory regulations apply.
Location, Status: Hamburg, 01.11.2007