Terms of Use

These Terms of Use (»Terms«, »Agreement«) – effective as of August 23, 2017 (v. 1.1) and supplemental to the Picter Privacy Policy at https://www.picter.com/legal/privacy – set out your rights and obligations in connection with your use of the Picter Services which are made available through the Picter Websites. All terms of this Agreement are legally binding, so please read them carefully.

Picter is operated by Picter GmbH, Bismarckstr. 3, 86159 Augsburg, Germany (»Picter«, »we«, »us«, »our«). We reserve the right to amend, in our sole discretion, these Terms and any supplemental Agreements and/or Policies, to comply with applicable laws, to address new services or features, or for any other reasons we determine in our sole discretion.
If there are any material changes to these Terms, you will be notified by email, through our Service, or by the posting a prominent notice on our Websites prior to the change becoming effective. Picter encourages you to periodically review this page for the latest information on our practices.

1 Acceptance of Terms

By checking the »I agree« box or by continuing the use of our website and/or Service (as defined in this Agreement), you

In addition, if these Terms is being agreed to by a company or other legal entity, then the person agreeing to these Terms on behalf of that company or entity hereby represents and warrants that he or she is authorized and lawfully able to bind that company or entity to these Terms. If you do not agree to these Terms, please do not use Picter. Your continued use of Picter following the posting of changes to these Terms will be deemed your acceptance of those changes.

2 Definitions

Except to the extent expressly provided otherwise, in this Agreement:

3 Account Terms

You must be a human. Accounts registered by »bots« or other automated methods are not permitted.

You warrant to Picter that you are at least eighteen (18) years old.

You warrant to Picter that you have full rights to submit your Content.

You must provide a valid email address and any other information requested in order to complete the signup process. You agree to provide accurate, current and complete information about yourself and your Work (as applicable) or your Organization (as applicable) as prompted by us via our Services’ registration process and you will maintain and promptly update this information to keep it accurate, current and complete. If you provide information about yourself, the Organization, or your Work that is inaccurate, not current, or incomplete (or we have reasonable grounds to suspect that such information is inaccurate, not current or incomplete), we may suspend or terminate your Account and deny you further access to the Website or Services.

You agree not to upload, post, transmit to, distribute or otherwise publish through the Service any Content that:

You are responsible for maintaining the security of your Account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are liable for all actions taken through the use of your Account and/or password. You must notify us at support@picter.com immediately if you suspect any unauthorized use of your Account or access to your password. You will exit from your Account at the end of each session so that a subsequent user on your computer will not have access to your Account. We will not be liable for any loss or damage arising from your failure to comply with these requirements.

You are responsible for all Content posted or otherwise made available by you in connection with the Service.

Users have a non-transferable, non-exclusive license to access this Site, to view information contained at this Site, and to use the Service.

You agree not to rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Site or any portion thereof or use it in any manner not expressly authorized by the Terms. You agree not to copy, reverse engineer, translate, port, modify or make derivative works of any portion of the Site. Tampering with the Site or the Service, misrepresenting the identity or age of a user, using buying agents or conducting fraudulent activities on the Site or through the Service are prohibited.

During the Term of this Agreement, you hereby agree that we shall have the right, but not the obligation, to include your Organization name and logo as a customer who uses the Service on the Site and in other materials promoting the Service. We will remove your name and logo if requested.

4 Services

Picter is a service provider that connects photography organizations and photographers. Picter handles entire submission processes for photography organizations and enahnces submission processes for photographers.

You agree to use the Services solely for the purpose provided by and indicated on the Picter Website(s) or otherwise expressly authorized by us. You assume sole, full responsibility and liability for any Content you submit to the Website and Organizations.

If you are an authorized employee or representative of an Organization, we grant you the right, pursuant to these Terms, to access the Website to use Picter’s Services. You agree to use Picter’s Services solely for the express purposes described herein.

Our Services provide you with information about third parties, including Organizations, manuscripts and other associated materials (»Third Party Content«). We do not validate the accuracy or timeliness of the Third Party Content. Accordingly, we do not warrant the accuracy or validity of the Third Party Content. You must evaluate and bear all risks associated with your use of any Third Party Content, including any reliance on its accuracy, completeness, or usefulness. We reserve the right, in our sole discretion, to delete or remove any Third Party Content from the Website if we deem such Content to be offensive, inappropriate, inaccurate or inconsistent with our business. You may contact our Support at support@picter.com if you wish to notify us that any Third Party Content displayed on the Website is inaccurate, offensive or inappropriate.

5 No Assignment of Intellectual Property

Except as expressly provided otherwise in this Agreement, each party's Intellectual Property are and shall remain the sole property of that party.

6 Proprietary Rights

Nothing in this Agreement provides you any rights or ownership in our or any third parties' copyrights, trademarks, patents or trade secrets (»Intellectual Property«). Similarly, we do not acquire any right or ownership in your Intellectual Property and/or Content when you use our Services.

Content. Picter does not claim to own your Content. We assume that you own it. You retain rights to your Content and your Submission. By submitting any material including Content to any Public area of the Site (including, but not limited to, blog, user commenting, social media) or by sending it directly to the Picter staff by you or your employees, you automatically grant, or warrant that the owner of such material has expressly granted us the royalty-free, non-exclusive worldwide right and license to use on the Picter Website(s) and/or Picter social media channels. Modifications or adaptation are only granted in terms of croppings of images. You permit Picter to store your Content and make Content available to Organizations to whom you have submitted Content. You retain Ownership of Content unless you give express, written consent to an Organization to use Content in any form.

We respect the intellectual property of others, and require that our users do the same. If you believe that your intellectual property has been copied and/or provided to us in a way that constitutes copyright infringement, please provide our Support at support@picter.com with the information specified below, in writing. Please include the following information:

Service. Picter owns the Site, the Service and all components of those items and all Intellectual Property Rights associated with them and claims protection for it under various laws. Users have a non-transferable, non-exclusive license to access this Site, to view information contained at this Site, and to interact with the Site.

7 Payment

The usage of Picter beta is for free for Photographers, but not for Organizations. Pricing for Organizations is based on individual agreements.

All invoices shall be paid by you within the period indicated on the invoice.

Payments must be executed through the payment methods provided on the Picter website or indicated on the invoice.

If you do not pay any amount properly due to us under this Agreement, we may charge you interest on the overdue amount at the rate of 9% per annum above the German Central Bank base rate (according to § 288 German Civil Code BGB) which interest will accrue daily until the date of actual payment and be compounded at the end of each named calendar month.

Submissions may be fee-based. All submission fees mentioned on the Picter website may be subject to value added taxes (VAT). Picter does not take any responsibility for neither the Organizations nor the Submitters for transacting their taxes accordingly to their local tax laws. Organizations and Submitters are solely responsible to pay their taxes. By providing a valid VAT identification number (VATIN) by the Submitter, submission fees may be reduced by a corresponding VAT rate if applicable.

All fees mentioned on the Picter website are non-refundable. For example, there will be no refunds or credits arising out of your violation or non-conforming use of the Service. Picter allows NO refund for Submission Fees.

Payment information related to an individual such as bank, credit card or Paypal details used to transact with us and Organizations using our Service are never stored on our servers. Picter never gets in touch with your actual payment credentials. All provided payment methods are transacted by our payment provider:
PAYONE GmbH, Fraunhoferstraße 2-4, 24118 Kiel, Germany
Business seat of company: Kiel – Amtsgericht Kiel HRB 6107
CEO: Carl Frederic Zitscher, Jan Kanieß – A company of the Sparkassen-Finanzgruppe

8 Monitoring and Disclaimer regarding Content

Picter has the right, but not the obligation, to pre-screen and monitor the Content and usage of the Site (including discussion spaces, chat rooms and forums), to, among other things, determine compliance with these Terms of Use and any operating rules established by us and to satisfy any law, regulation or authorized government request. We also have the right and sole discretion to edit, refuse to post or remove any material submitted to or posted on the site without prior notice if deemed inappropriate as defined in this Agreement.

Picter does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and Picter expressly disclaims any and all liability in connection with User Submissions.

9 Data

We strive to maintain accurate and current data, but because of the methods in which data is received and derived, we cannot guarantee accuracy and completeness of the content. We cannot guarantee that the source servers or our servers will be operational 24 hours a day, 7 days a week to supply current data. Therefore, the data is provided as reference only and the Service must not be employed in operational use. Caution and discretion is advised. Our servers may experience planned or unplanned down time and may not be available 24 hours a day, 7 days a week.

10 Hosting

We utilize a third party to provide hosting for the Service: Amazon Web Service (AWS). We reserve the right to change providers. All access to the Services will be subject to the terms and conditions required by the Hosting Provider (»Hosting Provider Terms«). All Hosting Provider Terms (including those for AWS which can be found at https://aws.amazon.com/service-terms/?nc1=h_ls and for Facebook which can be found at http://www.facebook.com/legal/terms) are incorporated herein by reference.

The content on the Site does not necessarily reflect the opinions or policies of our company or its officers. Profiles and third party applications created and posted by users on the Site may contain links to other websites. We are not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on the Site does not imply approval or endorsement of the linked website by us. When you access these third party sites, you do so at your own risk. We take no responsibility for third party advertisements or third party applications that are posted on or through the Site, nor do we take any responsibility for the goods or services provided by its advertisers. We are not responsible for the conduct, whether online or offline, of any user of the Site including, without limitation, any content posted by any user.

12 Special admonitions for international use

You are able to access the Picter Service outside Germany and the European Union. You agree to comply with all local, national or international laws regarding online conduct and acceptable Work. You also agree to comply with all applicable laws regarding the transmission of technical data exported from Germany or to or from the country in which you reside.

13 Spyware and Viruses

We assume no responsibility, and will not be liable for any damages to, or for any spyware or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the site or your downloading of any materials, data, text, images, video, or audio from the site.

14 Administration of the Service

Picter may change the Service from time to time using configuration update capabilities provided by the Service. Picter is not required to provide updates, enhancements, modifications, revisions, additions, replacements, or conversions to the Service. You are given reasonable notice and information where such modifications may affect your use of it.

15 Supplemental Policies

The Picter Privacy Policy at https://www.picter.com/legal/privacy is incorporated by reference and made part of these Terms of Use. You are responsible for determining with the Organization what policies and practices it may have in place. Picter is not responsible for what the Organization, its employees, contractors, representatives, or others may do or not do with your Content.

16 Use of Marks

You grant to Picter a non-exclusive, worldwide, fully paid-up, license to use and display your trade names, logos, and trademarks (»Organization Marks«) that you upload to the Picter Sites or provide via the Picter Services for the purposes of promoting your Organization or our affiliation with you. You agree to always use the Picter Organization Marks in its original, unmodified form. When promoting your submission process on Picter and/or your affiliation with us, you agree to include the Picter Organization Marks and a phrase such as »Call for Entries is hosted by Picter«.

17 Usage Restrictions

You shall use the Service only as provided in this Agreement and in the documentation provided by the Picter website. You may use the Service solely for your own purposes or for the company or other legal entity that you are representing. You agree not to use the Service to process Content for any other entity. You may permit either a person authorized by you to access the Service in that capacity or a User who is an employee or contractor authorized by you to access the Service on your behalf, and you will not permit anyone other than you to use your login information or otherwise access the Service under your user registration.

18 Termination

The initial Term of this Agreement begins on the day of your registration and ends with the cancellation of your Account.

You are solely responsible for properly cancelling your account. You can cancel your account at any time by writing or email us at the address below or cancelling it on your Account page.

Your Content will be cancelled within seven Business Days from the Service upon cancellation. This information can not be recovered once your Account is cancelled. If submitted photographs have already been published by an Organization, the respective Organization needs to be contacted directly by you and the respective Organization’s Terms of Use are binding. We reserve the right to keep your User ID associated with your email address for one year in order to get in touch with you, in case your content or your conduct on and with our Services has infringed any rights of third parties including copyright, trademark, patent, rights of privacy or publicity or any other proprietary right.

Upon any termination or expiration of this Agreement, all rights and obligations of the parties will be extinguished, except obligations stated within these Terms or required by law that will survive the termination or expiration of this Agreement.

No termination or expiration of this Agreement will relieve either party for any liability for any breach of, or liability accruing under this Agreement prior to termination or expiration.

19 Indemnity

You agree to defend, indemnify and hold us harmless (including our employees, officers, directors, affiliates, representatives, and contractors) from and against any loss, damage, judgment, settlement, expense, interest, and any other liability (including reasonable attorneys’ fees and costs) related to or arising out of any third party allegation, claim, lawsuit, or proceeding (a »Claim«) to the extent such Claim is based on

In connection with any Claim described in this Section, we will:

20 Disclaimer of warranties and limitations of liability

Your use of the Website and/or Services is at your sole risk. The Website and Services is provided on an »as-is« and »as-available« basis. We expressly disclaim all warranties, express, implied or statutory, including any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement and any warranties arising from any course of performance, course of dealing or usage of trade, with regard to any information, data, content, products, services or other items provided or made available hereunder.

If you download or otherwise obtain any work or information or data about the Organizations, or submit any work to Organizations, through your use of the Website and/or Services, you do so at your own discretion and risk and you are solely responsible for any damage to you, or any other adverse consequence that results from such actions.

We are not liable (whether in contract, warranty, tort (including negligence, product liability or other theory) or otherwise) to you or any other person for cost of cover, recovery or recoupment of any investment made by either party or its affiliates in connection with this Agreement, or for any direct, indirect, incidental, special, consequential or exemplary damages, including damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from:

21 Disputes

Any dispute or claim relating in any way to your use of the Website or Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

22 Miscellaneous; Governing Law

Unless otherwise agreed to in writing by you and Picter, these Terms, the Picter Privacy Policy and any supplemental terms that you entered with us constitute the entire agreement between you and us regarding the Website and the Services, superseding any prior agreements between you and us. You also may be subject to additional terms and conditions agreed upon in writing between you and Picter that may apply when you use the Third Party Content or third party Software. The Terms and the relationship between you and Picter shall be governed by the laws of the Federal Republic of Germany without regard to its conflict of law provisions. You and Picter agree to submit to the personal and exclusive jurisdiction of the courts located within the Federal Republic of Germany. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. Whenever used in the Terms or any supplemental terms to these Terms, unless otherwise specified, the terms »includes«, »including« »e.g«, »i.e.«, »for example«, »such as« and other similar terms are deemed to include the term “without limitation” immediately thereafter.

23 Confidentiality and Disclosure

In general, Picter will not disclose or distribute Content to third parties, other than as indicated in these Terms and by the function of the Service as described on Picter’s website, or as otherwise specifically requested by you.

24 Violations of these Terms

Please report any third party violations of these Terms to the Picter Support at support@picter.com.