Terms and Conditions
1. V like Vintage
1.1. The Internet Offering: V like Vintage is a publicly accessible and diverse Internet offering. We differentiate between users and contractual partners – hereinafter the exclusively used masculine form is meant to be gender-neutral and includes both sexes. Users are defined as all persons, who are using the V like Vintage Internet offering. Contractual partners are defined as all users, who register with us – and who, we hope, will actively contribute to building a lively forum for historical and valuable photography. The following outlines a set of rules, which we stipulate for both users and contractual partners.
In particular, V like Vintage offers contractual partners the option to place and publish their own photos on the Internet offering, to participate in forums, to make evaluations or to use other services of the Internet offering.
1.2. Provider Identification: Owner and operator of V like Vintage is
V like Vintage
by Christian Voigt Collection & Photography GmbH
Tel.: +49 (0) 40 410 40 23
Fax: +49 (0) 40 410 40 24
Hamburg District Court
Hamburg-Mitte Tax Office
VAT No: DE288843060
CEO: Alexander Abraham
1.3. Applicability of the General Terms and Conditions: By using the V like Vintage Internet offering, both users and contractual partners accept the provisions set out in these General Terms and Conditions. Users and contractual partners refusing to accept these General Terms and Conditions are excluded from the use of this website – including simply viewing it – and are requested to leave the V like Vintage Internet offering immediately.
By creating a user account as offered by V like Vintage, the user enters into a legal and binding contractual relationship with the organisation V like Vintage GmbH, Hamburg. By creating a user account, the contractual partner accepts these General Terms and Conditions. For separate offers of V like Vintage, arrangements that are different and additional to these General Terms and Conditions may be made. As far as the General Terms and Conditions contain differing provisions, the more restrictive provisions shall apply. The terms and conditions apply to all business transactions and usage relationships, including future processes, orders or transactions, which may be concluded without any explicit reference to these General Terms and Conditions. Please understand that we shall have to reject any deviating terms and conditions of the user/contractual partner, and that we can only accept deviating terms if we have expressly stated our written consent in advance.
The provisions regarding violations of law, copyright, privacy and data protection in particular apply to unregistered users.
2. Contract and Termination of Contract
2.1. Conclusion of Contract: You must register with us and create a user account, in order to use all options of the Internet offering. In doing so, as part of the registration you are offering us a contract, which we will accept by activating your user account. Unless other arrangements were made, the contractual relationship is free of charge. The contractual relationship is unlimited, and may be terminated at any time by either party without notice. There is no legal entitlement to continue with the contract.
2.2. Rights to Terminate: With regard to free offers, both parties may at any time and without stating any reasons terminate the contract concluded with V like Vintage GmbH by deleting a user account or by blocking it. Generally, V like Vintage will execute this right in case of law violations or rule breaches by the contractual partner. For fee-based offers, both parties – unless contrary arrangements were made in writing – may terminate the contract by giving one-month notice, starting from the expiry date of the current billing cycle at the earliest. This does not affect termination for an important reason.
2.3. Scope of Contract: The organisation V like Vintage GmbH, Hamburg, reserves the right to change the range of functions without notice, and to provide further usage options insofar as this occurs as part of the further development of the V like Vintage Internet offering. In case of fee-based offers, this must not be to the detriment of the contractual partner, and is solely meant to extend the existing contractual partner’s rights and functions. In case V like Vintage is forced to discontinue its offering, V like Vintage GmbH shall have the right to terminate all contractual relationships without stating any reasons.
3. Rights and Obligations of Users and Contractual Partners
3.1. Usage Options: Upon completed registration and confirmation under recognition of these General Terms and Conditions, the contractual partner will be granted the right to use the Internet offering and the activated functions within the framework of the selected user account, these General Terms and Conditions and the applicable law. Currently, the right of use particularly includes the option to have ones own photographs published via the V like Vintage Internet offering, and to have them evaluated and commented, as well as viewing the photographs of other Internet offering users, to evaluate and comment them, to contact other Internet offering users, to participate in raffles and competitions etc. We aim to continuously develop and enhance the V like Vintage Internet offering.
3.2. User Account: Your user account may only be used by you personally. Therefore, please ensure that third parties do not learn your password, and that third parties cannot place postings via your account; please note that you are responsible for any misuse of your account. You warrant that all details, which you stated when registering, are correct and complete. Immediate notification must be made of any changes to these contractual details. With the exception of the “user name”, the use of pseudonyms is not permitted.
3.3. Responsibility of All Users and Contractual Partners: We are merely providing the Internet interface for the publication of third party postings, and therefore do not accept liability for any of the content published by the users/contractual partners of V like Vintage. Please note that, particularly as a contractual partner, you are fully responsible to ensure that the content of your postings is legal, and particularly, you must observe the following:
postings must not breach any third party copyrights and/or rights of use; you may only broadcast postings for which you own the sole copyright and right of use; and
which do not breach the personal rights of third parties. Persons depicted on photographs generally have a right to their own picture. Any depicted persons must therefore have expressed their explicit consent to the publication; this applies even more strictly for any kind of nude photographs;
postings may not contain any advertising; and
must not be liable to corrupt the young, contain any pornographic, racist, offensive, defamatory or otherwise illegal content. erotic pictures may only be posted under artistic and historic aspects – and only in areas designated for this purpose – and they must not be liable to corrupt the young under any circumstances. V like Vintage reserves the right to create a closed area for erotic photography, and to restrict access to this area subject to the presentation of a proof of age;
postings must not violate any other rights, e.g. brand / patent/ good taste / or design rights;
postings must not contain any symbols of organisations banned under the German constitution (e.g. the swastika), including if used in the context of pure reporting about current or historical events. V like Vintage explicitly disassociates itself from any form of extreme right-wing or other kinds of extreme ideas.
Please click here for a general description of copyrights.
Please click here for a general description of possible personal rights.
If you identify a violation of law, or if you yourself are affected by such a violation, please contact us here. We will respond immediately.
In cases of an alleged rights violation, as a user and as a contractual partner you undertake to give V like Vintage GmbH an opportunity to examine the accusation at no cost, which particularly applies to cases of violation of copyright and personal rights, but also to any other violations of law. The examination period to be set must not be less than five working days, and in case of particular expedition, it must not be shorter than two full working days. The term of the examination period does not commence until we have received your complete statement, including a reference and identification of the queried contribution, photograph, website, and the rights asserted by you as well as your contact details (preferably email and phone). Regarding any prosecution costs incurred prior to the expiry of the examination period, any claims for reimbursement are excluded.
3.4. Verification Provision: While we are entitled to verify the legality of any broadcast contents, we are not obliged to do so. We have to reserve the right to reject any individual postings, which do not comply with our requirements, or use our discretion to exclude users/contractual partners, who breach the law or any of these rules, and to remove postings. There is no entitlement to have your postings published; nor is there any entitlement to have the creator’s name stated in full. As part of editorial activities, V like Vintage reserves the right to amend and adapt postings, to shorten or delete postings, to add additional information or captions to postings – without, however, injuring the singularity of the transferred work.
3.5. Copyright and Right of Use: By transferring your postings to our servers, you are declaring that you may freely execute the copyright/rights of use for the contents. At the same time, you are granting V like Vintage GmbH a right to use your digital photographs as part of the V like Vintage Internet offering. This right of use includes the open-ended right to copy, distribute and to make publicly available on a worldwide basis any such contents as part of the V like Vintage GmbH Internet offering as well as the right to use your postings and photos for the purpose of V like Vintage self-promotion, including on the Internet or in other ways, including in print. This right of use is granted free of charge. You can revoke this right of use at any time. We will then immediately cease usage. Please understand that even if the individual work is no longer directly accessible, works may continue to appear in different contexts until up to six months later.
3.6. Breach of Third Party Rights: If any third party claims a breach of its rights resulting from contents posted by you, you agree that you will give us the best possible support to counter such claims, and that you release us from any claims a third party may make against us resulting from a breach of their rights due to your postings. In particular, the contractual partner assumes all reasonable costs, which the organisation V like Vintage GmbH, Hamburg, may incur as a result of a breach of third party rights, including any reasonable costs incurred in the legal defence, insofar as the contractual partner is responsible for the violation of law.
3.7. Data Protection: Please note that we do not backup transferred data, and therefore do not accept liability for any data loss.
V like Vintage GmbH does not take responsibility for any content, data and/or information made available via the V like Vintage Internet offering by the contractual partners, nor does it take responsibility for the contents of linked external websites. In particular, V like Vintage GmbH, Hamburg, does not guarantee that the content is true, fulfils a specific purpose, or can serve such a purpose.
5. Copyright and Right of Use
V like Vintage GmbH is particularly committed to upholding copyrights and personal rights. V like Vintage therefore endeavours to prevent any violation of rights. The copyright/right of use for all transmitted content and photos lies and remains with the contractual partner. The contractual partner grants to V like Vintage GmbH a single but open-ended and unrestricted right with regard to space and content for the publication of the transmitted content and to use it free of charge within the framework of this offer (e.g. as photo of the day). This right of use can be revoked by termination (refer section “Contract and Termination of Contract” above): It is not technically possible to prevent photographs from being downloaded from the V like Vintage Internet offering. Any resulting risks shall be borne by the contractual partner himself.
The postings and photos on the V like Vintage website are generally copyrighted and/or safeguarded by other protective rights; this also particularly applies to the V like Vintage Internet offering; any related copyrights and other protective rights, as well as the rights to the name and the registered trademark lie solely with V like Vintage GmbH. Any use is subject to the applicable copyright and protective laws. Any use of the content, be it in full, partially or in excerpts, requires the prior approval of the owner of the rights. This applies even more strictly to any use for commercial purposes.
In cases of intent and negligence of V like Vintage GmbH staff, representatives and vicarious agents, V like Vintage GmbH assumes liability in accordance with statutory provisions. Apart from that, we are only liable for injury of life, body and health, and in accordance with the Product Liability Act, and for damages resulting from a breach of a principle covenant relevant to the contract. In all cases, compensation claims on the grounds of contractual principle covenants are restricted to foreseeable damage consistent with the contract. Liability for any damage the delivery item caused to legally protected interests of the ordering person, e.g. damage to other items, is excluded.
7. Data Protection
V like Vintage takes data protection seriously. We collect your personal data in accordance with legal data protection regulations. Data related to the person is collected upon registration. This data is saved for the sole purpose of processing your requested transactions, and will only be used, saved and transmitted as permitted by law.
8. Final Provisions
We explicitly reserve our right of ownership and copyright for all content disclosed or transmitted as part of settling the contract. As far as a delivery is made for a payable item, we reserve our proprietary rights until full payment of the goods has been received. Surrendered documentation is meant for the exclusive use of the recipient, and must not be disclosed to third parties, unless we have given the recipient our explicit consent. All offers and orders of the V like Vintage GmbH are solely subject to German law. The UN Sale of Goods Act is excluded.
If any one of these provisions is held to be invalid, this shall not affect the validity of the remaining provisions.
As far as the person ordering is not a consumer, the place of jurisdiction for claims arising from this contractual relationship shall be Hamburg, which also applies to contractual partners from abroad.
Any declarations, amendments and additions to the contract must always be made in writing and agreed upon. This also applies to any amendments to this clause governing the use of the written form.
Hamburg, March 2015