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Terms and conditions Preamble, description of the website www.phiii.com is a multimedia platform (subsequently named "phiii"), allowing special members, putting their own produced high quality infographics, illustrations und graphics (subsequently named "graphics") in a database to offer these graphics to other members to use them. Members (here particularly sellers) are on the one hand infographic editors, graphic artists, illustrators, publishing houses and other companies (subsequently named "seller"), who can register at phiii and can upload graphics to the database. On the other hand members are legal persons, private companies and are sui juris unlimited natural persons which register at phiii and download graphics from the database (subsequently named "buyer") or upload graphics to the database (subsequently named "seller"). Seller and buyer will be called here "members" in summary. An use of the trading front-end phiii through underage persons is categorical excluded unless phiii will get a letter of agreement of their parents or guardians to upload and download graphics. For a correct and error-free use choose one of the following browsers: Internet Explorer, Mozilla Firefox or Safari. The operation company does not assume liability when using phiii on anorther browser.
Operating company of the multimedia platform www.phiii.com as a service provider in accordance with § 12 TMG (Germany) is Golden Section Graphics GmbH (subsequently named "service provider") Choriner Straße 56 10435 Berlin Deutschland Following domains are forwarded to www.phiii.com and are part of this general terms and conditions: phiii.at, phiii.ch, phiii.net, phiii.eu, phiii.co.uk, phiii.es, phiii.info, phiii.org, phiii.biz, phiii.mobi, phiii.name, phiii.ws, gsg5.com, graphicfinder.net, graphicfinder.de § 1 Area of application The following general terms and conditions are part of every agreement between Golden Section Graphics GmbH, represented by the executive director Jan Schwochow and the members of phiii. The following general terms and conditions regulate the terms for the use of phiii through the members and also the contractual relationships between the members of phiii among one another. With the registration on phiii members agree to these terms formally and accept that they have read and understood the general terms and conditions. By checking the link "I accept the general terms and conditions", by making a tick and by registering to phiii as a seller or buyer and pushing the button "sign in" you will accept these general terms and conditions. Members accept the general terms and conditions either for themselves or for the company (are named as owner in the member account) they work for, and also accept to be bound by contract through the assignments of the company. Golden Section Graphics GmbH provide the service and benefits solely based on the general terms and conditions on the multimedia front-end called phiii. § 2 Membership, registration as a seller or buyer With the registration the seller/buyer gets access to the internet platform www.phiii.com, on that he can sell or buy graphics. The website www.phiii.com provides the under § 7 of these general terms and conditions explained handling of payment. In order to use phiii (selling or buying) you must register as a member (seller or buyer). The registration and the setup of the member accout is exempt from charges. The registration of a legal person as a seller or buyer is only allowed for a natural person, that is warrented to represent and that must be named with complete name. For registration only individual persons must be named as the owner of the account. Not registered users of phiii can only search the database and view thumbnails of the graphics (maximum size of 160 x 160 pixel). The buyer will receive an e-mail after the registration for authentication and after that he can use the website phiii.com. By getting the authentication e-mail the licence agreement between phiii and the member is confirmed. Seller can register at phiii. As soon as phiii accept the registration, the member will get an e-mail with a confirmation to use phiii. But formally phiii reserve its right to dismiss a seller, when the seller is not a professional graphic artist because phiii will only sell graphics with high quality. Qualitative badly made graphics will be excluded from phiii. Concerning this matter phiii can also dismiss individual graphics because of the same reason. Every graphic uploaded by a seller must be verified and approved by the service provider. The seller or buyer is beholden to declare all information given by the registration as true and complete. A successful registration is only possible with a true and complete completion of the registration form. When there are changes of personal data after registration the member has to update its account immediately or if possible to inform the service provider about changes immediately. With the registration the member defines a password and a user name for the access to phiii (subsequently named "access data"). The usage of user names that violate the law of a third party are forbidden, in particular trademark rights or rights to a name. User names that are unlawful or contra bonos mores are also forbidden. The member has to keep the access data a secret and has to keep the data save prior to the access of a third and unauthorised persons. If a member losts the access data or if he/she notices or entertains suspicion that the access data will be used by a third person, he has to inform phiii at once. phiii assume no liability for damages and harms caused by the usage of access data through a third persons. A right of getting a user contract does not exist. phiii reserves to refuse the registration of a user. phiii has the right to block an user account at once, • if the seller/buyer has violated the general terms and conditions • if the seller/buyer has given false information on the registration • by loss of the account data or suspicion of misusage of the account data through a third person • or if there exist another important reason In case of blocking the user account the user (the person concerned) is not allowed to make another registration except phiii will given an endorsement to open a new account. The seller and the buyer is liable for all acitvities that are made by using the seller or buyer account, unless the user/the member verifiable does not have to plead a case in the misuse of the user account, because there is not a violation of his duty of care. The seller is responsible for its uploaded graphics that must be free from viruses, worms, trojan and other bad programs, that will put phiii at risk or the websites of the buyer. § 3 responsibilities of the seller The seller is required to give a basic price for each graphic according to his own decision. The basic price can not be modified as soon as the graphic was sold once. The seller is allowed to erase the graphic and after that set up a same graphic a second time with a new basic price. Anytime the seller can modify or complete graphic decriptions. Uploading graphics is managed by the seller himself. The basic price is typed in straight away while uploading a graphic. Another possibility to upload graphics is to authorise phiii to upload his graphics. In that case phiii submits an offer according to the sellers request. The seller commits himself not getting in touch with the buyer unless the contract is concluded on phiii.com. The seller disposes the right of use of the preview images to phiii. The seller has to keep its user data a secret and protect carefully its member data against foreign access. The seller is commited to inform phiii when there is an indication of misuse of the seller account through a third party. The seller, in all conscience assures phiii of not using foreign graphics for its own product. The seller impinges upon third partys rights and threat to unlawful competition by using foreigners intellectual property. The seller does not extend warranty in that case and is not committed to juridical proof for every graphic. § 4 Buyers responsibility The buyer has to keep its user data a secret and protect carefully its member data against foreign access. The buyer is commited to inform phiii when he notices a misuse of the buyers account through a third party. A buyer on phiii.com can be:
The buyer commits himself not getting in touch with the seller unless the contract is concluded on phiii.com. We advise the buyer to scrutinise content and creativity of the bought graphic. The buyer also has to verify spelling, country, town and river naming and other denotations on maps. The seller does not extend warranty of correctness in spelling and he is not committed to verify its graphics on content and creative correctness. § 5 Assignment of rights of the originator and graphic use You are allowed to upload and download proprietary graphics only due to the terms and conditions. The graphic creator allows the user - as far as there are no other notation in the image - a non-exclusive, non-transferable, temporal and local unrestricted licence to use the uploaded graphics for the permissible usage that corresponds to the licence which the buyer has chosen. The licence shown in the shopping cart as "type of use" is defined as follows: a) private - not for public purposes You acquire the right to use the graphic for private purpose and not using for public purposes. b) student, university Herewith students acquire the right to use the graphic for thesis or presentations. Staff members of schools, universities or other training schools as teaches, lecturers or professors acquire the right to use the graphic for educational purposes as presentations and other publications within the educational purpose. After completing your studies or at the end of your employment at training school you have to remove the graphic/graphics from your data storage medium. c) homepage 1 year Herewith the seller acquires the right to use the graphic on its website/homepage from the day of sale for one year. After expiry of the time-limit of one year you have to remove the graphic from your website/homepage and data storage medium. d) homepage 3 years Herewith the buyer acquires the right to use the graphic on its website/homepage from the day of sale for three years. After expiry of the time-limit of three years you have to remove the graphic from your website/homepage and data storage medium. e) homepage 5 years Herewith the buyer acquires the right to use the graphic on its website/homepage from the day of sale for five years. After expiry of the time-limit of five years you have to remove the graphic from your website/homepage and data storage medium. f) magazines and newspapers, one-time usage Herewith the buyer acquires the right to print the graphic one time in a public magazine or newspaper. After publishing the graphic in that magazine or newspaper the buyer has to remove the graphic from all data storage media. g) magazines and newspapers, multiple usage Herewith the buyer acquires the right to print the graphic several times in a public magazine or newspaper.That licence applies only to one special print medium in that the graphic is published the first time. The buyer is allowed to print that graphic one time or several times in that special print medium. For every further print in another magazine or newspaper the buyer needs to acquire a new licence also when the graphic is used by the same publisher. h) books, posters, flysheets, brochures, flyers, booklets, CD ROMs, presentations Herewith the buyer acquires the right to print the graphic one time in a book, brochure, booklet, flysheet or on a poster or flyer or to use the graphic one time for a CD ROM (e.g. interactive application) or presentation (e.g. powerpoint presentation). After publishing the graphic in that corresponding medium the buyer has to remove the graphic from all data storage media. j) advertisement, merchandising, marketing Herewith the buyer acquires the right to use the graphic one time for one of the following usages: merchandising measures as advertisement, corporate publishing, adverts, advertisement banners, CD ROM (e.g. interactive application). After publishing the graphic in that corresponding medium the buyer has to remove the graphic from all data storage media. For the usage for merchandising measures on websites please choose a licence named above in chapter §5 c, d or e. k) packaging Herewith the buyer acquires the right to print the graphic one time on a packaging. After using the graphic on that packaging the buyer has to remove the graphic from all data storage mediums. l) TV, video, DVD Herewith the buyer acquires the right to use the graphic one time for a video, DVD or a TV report. After using the graphic on that packaging the buyer has to remove the graphic from all data storage media. For all licences: The buyer is not allowed to transfer data (graphics) he/she has bought to third parties. It is forbidden to give away, to sell, to transfer or to dispose sublicences. It is forbidden to replicate graphics with a size of more than 5000 to 5000 pixel as posters. For information also see at image describtions and copyrights. All graphic rights will be transfered directly from the originator to the user because of the listed licensing agreement. All further graphic rights, including all copyrights and other commercial rights regarding to the images will remain by the originator. § 6 Credits and sources The seller has to name the originator in the corresponding media and as possible on the image itself. The buyer commits himself to show the originators name as follows: © graphic designer or company name / phiii.com. For the use in the internet or for digital media a special note to phiii.com has to be made as follows: www.phiii.com A special note to the copyright you can find in the IPCT data of the preview picture. You receive the preview picture when you download a graphic as highRes TIFFs. If you are not able to find the copyright or is the copyright missing you have to contact phiii and ask for the copyright. § 7 Payments and fees The service is free for members - that means for buyers and sellers. The buyer commits himself to pay the fees to phiii.com that result from the agreement of sale between the buyer and the seller in consideration of the terms and conditions. The proceeds from selling will be distributed on the following terms to the seller: When offering a graphic exclusively on phiii.com by the seller the seller will receive 61,8 percent (rounded, shared in the golden section) of the total fee. The total fee includes purchase tax depending on the buyer and its specifications. phiii bear the PayPal fees. When offering a graphic non-exclusively on phiii.com by the seller the seller will receive 38,2 percent (rounded, shared in the golden section) of the total fee. The total fee includes purchase tax depending on the buyer and its specifications. phiii bear the PayPal fees. phiii receives a commission that refers to the remaining 100 percent. The payment through phiii and the buyer will be made through PayPal or in special cases monthly per invoice. By purchase on account there won't be any new fees. The buyer has to apply for paying on purchase on account. The final payment between phiii and the seller will be made every three months, six months or 12 months. phiii reserves its right to cancel of a member licence when a payment is paid incompletely. § 8 Deleting graphics and blocking of user accounts phiii is allowed to block an account on phiii.com with immediate effect when a member violates the terms and conditions. The blocked member is not allowed to registrate again under a different name on phiii.com or to use the platform phiii.com in a different manner. phiii reserves its right to prosecute a member and to lodge a claim (especially indemnity claims) against a member. A membership on phiii can be canceled anytime without mentioning any reason. A termination without notice of a licence agreement can be made through a member or through phiii. § 9 Availability of the service, breakdown and maintenance There does not exist any claim for access to the trading desk for buyers and sellers. phiii reserves its right to restrict its service temporary regarding to capacity limits, security, server integrity and arranging technical measures like maintenance. phiii obligates itself to limit service only when reasonable for sellers and in consideration of the sellers interest. phiii reserves its right to change or expand services as far as improvements are necessary and/or further technical developments are necessary or/and conducive to improvements. phiii obligates itself to make these changes only when reasonable and in consideration of the buyers interest. phiii informs the seller when there will be serious maintenance. § 10 Prohibited content It is prohibited to offer graphics: • where its purchase is criminal or irregular • where its purchase, accessibility or application of property rights of a third party (especially copyright, ancillary copyright, trademark legislation, patent right, utilisation right, design right) or other rights of a third party are violated • with signs or symbols of unconstitutional organisations • with pornographic content or youth endangering contents • where its selling is contra bonos mores. The listed points apply also for the labellings and naming that the seller made for its graphics. It is prohibited to set links on foreign internet offers or on internet offers from the seller. § 11 Newsletter The platform phiii offers the opportunity to order a newsletter for free. Once phiii accepts the registration, the user - the person, ordering the newsletter - will receive a confirmation e-mail with a confirmation link. This e-mail will furthermore include a summarization of the primary user data. By confirming this link, the licence agreement between phiii and the user is being established. To complete the registration process, the user needs to have clicked and hereby have confirmed the link. § 12 Copyright www.phiii.com The graphics you can retrieve at the database phiii are protected by copyright. It is prohibited to adopt or to edit this database entirely in its structure or in parts without the approval by phiii. § 13 Changes under usual reserve phiii is allowed, to modify the content of these terms of use with the agreement of the members, unless the modification is reasonable for the members in consideration of the interests of phiii. phiii will inform the members by e-mail to the address given by the member not later than two weeks before the modification of the terms of use starts. The agreement to the modification of the terms of use is granted, unless a member disagrees within a month after receiving the e-mail with the announcement to change and modify the terms of use or if the member withdraw from the contract. phiii undertakes itself, to point especially in the e-mail on the changes and the possibilities of protest and withdrawal, the term and the legal consequences and effects, in particular with regard to a not happen disagreement. In case a member disagrees to a modification, phiii has the right for a extraordinary dismissal of the membership. § 14 Severability clause If individual terms of this agreement should be effectless or impracticable or after conclusion effectless or impracticable, so the effectivity of the agreement would be not affected for the rest. In place of the effectless or impracticable terms there should be the effectless or impracticable term, whose effects of the economic aim would come as near as possible. The terms as aforesaid are considered to be corresponding for the case that the terms are incomplete. § 15 Data security phiii will respect all data protection requirements, in particular the specifications of the German Data Protection Act and the "German Act for Telemedia Services" (Telemediengesetz - TMG). The data of the members are collected and processed only for the transaction of their respective order and are not given to a thrid party or other persons. § 16 Applicable law / final provisions The laws of Germany shall apply. Strong terms will remain unaffected of the government, in which the buyer or seller has its ordinary inhabitation. By trading with merchants, legal persons of public-law institution or with special property of governed by public law the place of jurisdiction is Berlin. phiii reserves its right to go to law at the place of general jurisdiction, where the member has its inhabitation.
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