General terms of use for photo upload
Version 1/as of: 6 June 2019
The use of the WashTec photo upload is based on these terms of use, which you conclude with WashTec AG (hereinafter "WashTec"), Argonstraße 7, 86153 Augsburg, Germany. You accept these terms of use as binding upon your use of the application and/or website. Therefore, please read them carefully at your leisure. If these terms of use are not acceptable to you, you will not be allowed to use the photo upload. You must be of legal age to accept these terms of use. Please retain a hard copy of these terms of use.
1. WashTec has the right to change these terms of use from time to time. Please check the terms of use from time to time for changes that you notice by the date of issue. If you use the campaign following changes to the terms of use, you agree to be bound by the amended terms of use.
2. Subject to the following conditions, you have the right to use the WashTec photo upload:
a. The campaign may only be used for private purposes. Neither the campaign, the content submitted or produced with it, nor the websites and their content, in whole or in part, may be used by you or any third party in any way for any commercial or business purpose. You may not offer the use of the campaign, the content transported or produced with it, access to the websites or their content to third parties for payment or as part of sponsored services, nor may you distribute the content of the websites or produced with the campaign itself or hold it in stock for distribution or any other commercial use.
b. The use of the WashTec photo upload and the content transported or produced with it does not make you an employee or supplier of WashTec.
c. The use and modification of WashTec word and figurative marks reproduced on this website is not permitted. Any use of these trademarks constitutes a prohibited trademark infringement and may result in the owner of these trademarks taking action against you and requesting you to refrain from doing so.
d. You will refrain from any actions that impair or may impair the functionality of the website (e.g. through software or other scripts). This includes the use of "robot", "spider" or "offline reader" software that automatically generates user requests over the Internet. The website may not be modified, overwritten, copied or distributed.
e. The photo upload may not be modified, edited, decompiled, not even by way of reverse engineering, stored or reproduced.
f. You may only use the WashTec photo upload to transport or process content, in particular images, text and graphics, to which you have the corresponding rights of use.
g. If you upload content to the WashTec website, you also declare that you own all necessary rights to use this content and that you have the right to use it on our websites. You are responsible for the content and its effects on third parties, which is why you exclude WashTec and its employees and vicarious agents from any liability unless they or WashTec itself have acted wilfully or with gross negligence.
h. You irrevocably grant WashTec a non-exclusive right of use, unlimited in time and space, to content which you have produced, edited or transported with the photo upload using content provided by us. The right of use for WashTec includes the right to data storage, editing (this also includes the retouching of number plates), publication (e.g. also on social media channels), public reproduction, transmission to third parties, broadcasting rights, the right to use in advertising and the right to reproduction, including the right to grant sub-licenses.
i. You may not produce or transport any illegal, prohibited or discriminatory content with the campaign. This includes but is not limited to content that supports or endorses racism, fanaticism, hatred or physical violence of any kind against any group or individual and the sexual or violent exploitation of any person, the rights of any third party, including without limitation their trademarks, copyrights or ancillary copyrights, or inappropriately degrades or offends any other person or entity. This also includes planning, supporting or calling for criminal activities of any kind.
WashTec has the right, in particular but not exclusively for these reasons, to delete content and to block the use of the photo upload.
3. WashTec shall endeavour to ensure that the WashTec photo upload functions properly and that the associated websites are operated properly. Nevertheless, it cannot be guaranteed that the offer meets all expected requirements and is available at all times and without interruption, in a timely, secure and error-free manner. WashTec also makes no warranty as to the results that may be achieved by using this offer or as to the accuracy and reliability of the information available on the websites.
Claims for damages against WashTec are excluded irrespective of the legal grounds, unless WashTec, its legal representatives or vicarious agents have acted with intent or gross negligence. WashTec shall only be liable for slight negligence if WashTec, its legal representatives or executive employees or vicarious agents have breached a contractual obligation which is essential for achieving the purpose of the contract. This does not apply in the case of claims for damages resulting from mandatory statutory liability, such as injury to life, limb or health. Insofar as WashTec is liable for slight negligence, the claim for damages shall be limited to the foreseeable damage typical of the contract.
The exclusion of liability also applies to the companies affiliated with WashTec and to the personal liability of the employees, workers, staff, representatives, shareholders and vicarious agents of WashTec and/or the companies affiliated with WashTec.
4. These terms of use are subject to German law.
5. Should any provision of the terms of use be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by one that most closely corresponds to the intended economic purpose and makes it possible in a legally permissible manner. The same shall apply if this agreement contains a loophole which the parties would have closed had they been aware of the loophole.
