Terms & conditions for onemilliondog.net and onemilliondogs.shop
Sec. 1 Applicability
(1) The present general terms and conditions (GTC) apply to all the services being offered by using the platforms onemilliondog.net and onemilliondogs.shop (“Onemilliondogs”).
(2) You will be notified of amendments of these GTC in text form via email. If you do not object an amendment within four weeks after receipt of notification, the amendments shall be deemed as accepted by you. You will be separately made aware of the right of objection and the legal consequences of the reticence in the case of an amendment of the GTC. Beyond that the GTC are effective in the latest version published on onemilliondogs.net and onemilliondogs.shop.
Sec. 2 Conclusion of contract and permanent storage of wording of the contract
(1) Publishing one or more photos on onemilliondogs.net is a charged service. For publication you have to buy a so called “Dog Ticket”. The information required for application / buying a ticket shall be given by you complete and truthful.
(2) If your personal information shall change, you yourself are responsible for its update.
(3) For buying the ticket you will be redirected from onemilliondogs.net to onemilliondogs.shop. By placing an order via onemilliondogs.shop you are submitting an offer to enter into a contract with Onemilliondogs. After receiving your order we will initially send you an email confirming that we received your order and giving you information to submit at least one photo of your dog with the following properties and format requirements: landscape format as .jpg, .jpeg or .png - file with a width of at least 700 px, one dog per photo, no brand / surreptitious advertising and no people in the photo. After receiving this photo Onemilliondogs accepts your offer by sending you a confirmation email. The conclusion of the contract therefore results from Onemilliondogs sending such confirmation email. When ordering you are obliged to fill out all compulsory information required.
(4) The conclusion of the contract shall be in German or English.
(5) We save the wording of the contract permanently and send you an email with the details of your order and the GTC.
Sec. 3 Prices, conditions of payment, delivery
(1) The Dog Ticket price is 12,00 EUR including VAT.
(2) Unless otherwise stated all prices include any and all costs including value-added tax.
(3) Payment for services has to be made in advance and takes place by the provided methods of payment you can find on onemilliondogs.shop. The user / customer agrees that all invoices or credit vouchers are solely submitted in digital form.
(4) The photograph will be published within five days after the user / customer sent the file in the required format subject to the condition that Onemilliondogs accepted the user`s / customer`s offer to conclude the contract.
Sec. 4 Data Protection
(1) All personal data given by you will only be collected, processed and stored by us pursuant to the General Data Protection Regulation GDPR.
(2) You will find our Data Privacy Statement at https://www.onemilliondogs.net/en/privacypolicy.html
Sec. 5 Intellectual Property Rights
(1) The user / customer, who submits one or more photographs to Onemilliondogs, grants One Million Dogs Merten Hirsch a non-exclusive, transferable, worldwide and perpetual right to use, distribute, modify and copy the copyrighted photographs and to perform publicly and prepare derivative works based upon the copyrighted photographs.
(2) Onemilliondogs therefore in particular has the right to cut and to adapt the submitted photographs. The user / customer has no right to claim the post-editing, replacement or deletion of the published photograph or any editing of the submitted information (Country, dog´s name, place of residence).
(3) The user / customer waives his or her right to name the author of the submitted photographs.
(4) The user / customer guarantees to be the author of the submitted photographs. The user / customer hereby undertakes to compensate us for all losses arising out of him not being the author of the submitted photograph, insofar he is responsible for and, in addition, to hold us harmless against all claims of third parties, including the costs of legal counsel and court costs, incurred by us because of this.
(5) The user / customer has no right to claim any remuneration when Onemilliondogs exercises the rights / uses the photograph(s) according to sec. 1.
Sec. 6 Liability of Platform Operator onemilliondogs.net and onemilliondogs.shop
(1) We shall bear unlimited liability in cases of intentional acts, gross negligence and injuries to life, body or health as well as pursuant to terms of the German Product Liability Act.
(2) We assume no liability for any faults or disruptions within our network for which it does not bear fault and we are not liable for uninterrupted access to our plattform.
(3) We shall not bear liability for losses of data in line with the subsections above. The User is responsible for appropriate backup measures to avoid loss of data.
(4) The above limitations on liability shall apply mutatis mutandis in favor of our vicarious agents, as well.
(5) To the extent that there is any possibility that Users may be redirected to databases, websites, services etc. of third parties via the platform, e.g. as a result of the inclusion of links or hyperlinks, we shall not be liable either for the accessibility, existence or security of such databases or services or for the contents thereof. In particular, we shall bear no liability for the legal propriety, substantive correctness, completeness, timeliness, etc. thereof.
(6) The user uses the platform and the information presented within at its own risk. We shall not be liable for any information and data and the integrity and / or accuracy of such data and information published on the platform.
(7) We shall not be liable irrespective of the legal grounds except as expressly set forth in Section 6 (1) to (6) above.
Sec. 7 Duties of Onemilliondogs
(1) Onemilliondogs is obliged to publish one of the submitted photographs and the related information after the user / member has submitted the photographs and all the information necessary and paid the fee and after Onemilliondogs sent the confirmation email. Onemilliondogs is free to choose whichever photograph submitted.
(2) If the submitted photographs do not apply to the requested technical standard Onemilliondogs will notify the user / customer. Onemillionsdogs is not obliged to publish anything as long as the user / member has not submitted a usable photograph.
(3) If the user / customer submitted three photographs without submitted at least one which is usable Onemilliondogs has the right to finally refuse to publish any photograph. In that case paid fees will not be refunded.
Sec. 8 Duties of User
(1) The User has a duty to set up and maintain the necessary data security measures throughout the entire term of the contract. The foregoing refers primarily to careful and conscientious handling of logins and passwords.
(2) The User hereby undertakes that it shall refrain from any acts which would put the functionality of the platform at risk or disrupt its functionality, and that it shall not access any data it is not authorized to access. The User hereby undertakes to compensate us for all losses arising out of any non-compliance with these duties, insofar he is responsible for and, in addition, to hold us harmless against all claims of third parties, including the costs of legal counsel and court costs, incurred by us due to the User’s failure to comply with these duties.
Sec. 9 Warranty
The statutory warranty regulations apply.
Sec. 10 Online Dispute Resolution (ODR-Plattform) / Consumer Dispute Resolution
(1) The European Commission has established a platform for the online dispute resolution (ODR-Plattform), which you can find at https://ec.europa.eu/consumers/odrOur emailadress: firstname.lastname@example.org
(2) We expressely note that we are not obliged and therefore will not take part in any Online Dispute Resoultion Procedure according to Sec. 36 German Consumer Dispute Resolution Statute (Verbraucherstreitbeilegungsgesetz – VSBG).
Sec. 11 Final Provisions
(1) The parties' relations shall be governed by the law of the Federal Republic of Germany, in relation to consumers this only applies if the choice of law does not have the result of depriving the consumer of the protection afforded to him by provisions that cannot be derogated from by agreement by virtue of the law which, in the absence of choice, would have been applicable. Jurisdiction and venue for all legal disputes shall lie with the courts of Hameln insofar as the user / member is an entrepreneur, a legal person under public law or a public-law separate estate.
(2) In the event that individual terms of these Terms and Conditions should be or become invalid or should be in conflict with requirements of law, the validity of these terms and conditions shall not otherwise be affected thereby. The parties shall by mutual agreement replace the invalid term by such valid term as comes the closest in a legally valid manner to the economic intend of the invalid term. The foregoing provision shall apply mutatis mutandis in the case of contractual gaps.
Brullsen, November 1st 2020