Terms of Use
§ 1 Scope of Application
(1) The following conditions apply for using our image converter at www.olympia-vertrieb.de.
(2) Information about us, as the service provider, is available here.
§ 2 Registration, Object and Conclusion of Contract
(1) The licence agreement with us is realised with your confirmation of these Terms of Use and the Privacy Policy before you upload an image file and we process the data.
(2) Right of use is only granted to you when you are of legal age and of unlimited legal capacity. Minors are prohibited from using the service.
(3) Object of the agreement is the free use of our online image converter. This online image converter can be used to convert image files to a specific format in order to use the images in the phone book of a mobile phone.
§ 3 Availability of the Online Image Converter / Changes to the Service
(1) In addition, the entitlement to use the online image converter is restricted to the scope of our technical and operational possibilities. We attempt to provide an interruption-free use of the online image converter as far as possible. However, technical disturbances (such as power failures, hardware or software errors, technical problems in the data cables) can occasionally cause temporary restrictions or interruptions.
(2) We are authorised to change free services already on the portal, set-up new services which are free of charge or against payment and discontinue free services at any time. In this case, the service provider will take their respective legitimate interests into account.
§ 4 Transferring Rights of Use
(1) When you transfer/upload an image file, you automatically grant us a free and transferable right of use of the respective contents, particularly with regard to
- saving the content on a server,
- editing and copying, where this is necessary for converting the file.
When conversion is completed, the rights of use and exploitation currently asserted to us expire.
(2) You bear the full responsibility for the contents which you provide and upload. We do not complete any controls in respect of the files in terms of completeness, correctness, legality, actuality, quality and suitability for a specific purpose.
You declare and guarantee to us that you are the sole owner of all the rights of the files and images transferred/uploaded to the image converter, or are otherwise authorised (e.g. through an effective permission of the rights holder or persons concerned) to load the file or images in the image converter, have them processed and to grant the rights of use and exploitation in accordance with the aforementioned Paragraph 1.
(3) We reserve the right to refuse the uploading of files and/or to block or remove them without any prior notification in cases where the transfer of the file by the user or the transferred content itself has lead to a violation of § 7 or that there is concrete evidence available which indicates that violation of § 7 would occur.
§ 5 Illicit Activities
(1) Our online image converter is exclusively intended for non-commercial use. You are forbidden to use it for or in connection with any commercial purposes except in cases where such a use has been permitted by us in advance, explicitly and in writing.
(2) You are forbidden from performing any activities on or in connection with the portal which violate the applicable law, breach the rights of third parties or violate the principles of the protection of minors. The following activities, in particular, are forbidden:
- transferring, uploading, distributing contents or data which are pornographic or which contravene the Protection of Young Persons Act, General Data Protection Law and/or violate other laws and/or contain immoral and/or fraudulent contents or data;
- transferring, uploading, using, providing data and content, services and/or products which are protected legally or by third party rights (e.g. copyright) without having the explicit, necessary authorisation to do so.
(3) If you become aware of use of the image converter which is illegal, improper, contrary to the contract or otherwise unauthorised, please contact us. We will then investigate the process and initiate any necessary steps.
(4) If there is a suspicion of unlawful or criminal acts, we are entitled, possibly even obliged, to investigate your activities and, if necessary, initiate appropriate legal proceedings. This can include forwarding the matter to the public prosecutor's office.
§ 6 Sanctions in the Case of Violations
(1) In the case of violation, particularly in respect of the aforementioned provisions in § 5, we are entitled, regardless of a termination of the agreement, to impose the following sanctions on the user:
- issue a warning or
- block access to the online image converter.
(2) We are also entitled to block you as user from access to the online image converter if there is a reasonable suspicion that you have violated these Terms of Use. You can dispel these measures by clearing the grounds for suspicion by presenting appropriate evidence at your own cost.
(3) If third parties or other users contact us due to possible statutory violations resulting from the content which you as user have provided, you are obliged, as the user, to exempt us from any claims, including those for compensation, and refund any costs which may ensue due to the possible statutory violation. This relates, in particular, to costs ensuing from any necessary legal defence. We are entitled to demand a reasonable advanced payment for this from you as the user. As the user, you are obliged to support us by providing information and documents in good faith for the purpose of legal defence against third parties. Further rights and claims for damages remain unaffected. If you, as user, are not to blame for the possible statutory violation, the aforementioned obligations do not apply.
§ 7 Liability
(1) Should you suffer damage as a result of using our online image converter provided free of charge, we are only liable as far as the damage you suffered occurred through the contractually agreed use, and only in case of intent (including malice) and gross negligence.
(2) Liability for damages which falls in the scope of protection of any warranty or promise possibly issued by us or liability for claims based on the Product Liability Act and damages based on injury to life, limb or health remain unaffected from this limitation of liability.
§ 8 Term / Termination of Usage
The licence agreement is only concluded for the respective conversion process and ends automatically on conclusion, cancellation or stoppage of the process.
§ 9 Applicable Law
These Terms of Use are subject to the law of the Federal Republic of Germany with the exclusion of the UN sales law (Convention of Contracts for the International Sales of Goods, CISG).