Terms of Use

Juli 14, 2015

Please find the full Terms of Use below and read them carefully. You may only use the Picscatter service if you fully understand the Terms of Use and Privacy Policy.
A short summary of important points (however, the long form terms prevail):

  • Any photos you make available via the Picscatter service must be appropriate and legal.
  • You must own all required rights (i.e. copy rights) in the photos you make available via the Picscatter service.
  • All persons recognizable on photos must agree to the making available and that such photos and other content may not violate the rights of third parties!
  • You are solely responsible and liable for what you use, upload, present and share in connection with the Picscatter service.

If you have questions about our Terms of Use contact our Support.

A. Scope, Terms

1. These Terms of Use apply to the use of the Picscatter services provided by Till Haunschild (hereinafter "Provider"), which may, among others, be accessed on the internet under www.picscatter.com or by using the Picscatter app (hereinafter together - including any software - the "Picscatter service").

2. The Picscatter service is an online service provided by Till Haunschild, which may be used for private purposes only with compatible devices.

3. The German version of these Terms of Use shall be binding and prevail; the English version of these Terms of Use is provided for convenience purposes only to our English speaking Users.

B. Usage Requirements

1. In case you (hereinafter "You" or the "User") use the Picscatter service without prior registration (to the extent possible) you accept these terms of use and the obligations and limitations contained therein; in such case you are obliged to comply with these Terms of Use. If You do not accept these Terms of Use you may not use the Picscatter service.

2. By using the Picscatter service a contract of use between You and the Provider is concluded in accordance with these Terms of Use. The Provider reserves the right to allow access to the Picscatter service in the future only after the set-up of a Picscatter account and/or other registration options.

3. Conflicting terms shall not be binding for the Provider, unless expressly otherwise agreed to in writing.

4. The provider reserves the right to make current or future features of the Picscatter service subject to a charge in the future.

5. The Picscatter service may only be used by private individuals who are of legal age and who are legally competent in accordance with the laws of their country of residence or who act with the consent of their legal representatives. By using the Picscatter service you agree and represent to use the Picscatter service for your own private use and private purposes only. The use for advertising and/or commercial purposes is prohibited.

C. Services of the Provider

1. The Picscatter service allows Users to create and share photo collages. In the future other features may come.

2. The Picscatter service is provided "AS IS". You shall have no right to ask for the provision of the Picscatter service or certain functions of the Picscatter service. The Provider shall have the right to amend the Picscatter service or individual functions of the Picscatter service at any time and to discontinue the Picscatter service in part or in whole at any time. The discontinue of the Picscatter service as well as any amendments that have material impact on the interests of the Users or that material impact the amount of features will be published two weeks in advance within the Picscatter service.

3. You acknowledge that a service availability of 100% cannot be realized. However, the provider will try to keep the Picscatter service available as constant as possible. In particular maintenance, security and capacity issues as well as events that are beyond the control of the Provider may lead to disruptions or the temporary shut-down of the service.

4. The Provider has no influence on the accessibility of the internet and the speed of data transmission.

5. The Provider has no influence on the photos and other content made available via the Picscatter service. The Provider is not the source of the photos and other content made available or messages sent via the Picscatter service and does not adopt, approve or control such photos, other content or messages and disclaims any liability or warranty with regard to such content or messages. Therefore, the Provider assumes no liability for the correctness and legality of the photos, other content and messages made available via the Picscatter service. The Provider has, however, the right to access photos, other content and messages and to forward them/it to third parties and to delete them/it, if the Provider deems - in its discretion - such actions necessary, in particular to (i) react to claimed violations of rights (in particular copy rights) or other complaints of third parties, (ii) ensure compliance with these Terms of Use, (iii) comply with legal and governmental guidelines, or (iv) to protect the rights and security of the Provider, other users or the public.

6. The Picscatter service is designed for private purposes only and may not be used for commercial purposes.

D. Your statements, obligations and duties

1. You are solely responsible for not breaching and must ensure that you do not breach these Terms of Use, public morals, third party rights or applicable laws when using the Picscatter service. You may in particular not use, make available or save photos, other content or send messages, if you do not have the required rights.

2. You shall make available or download photos, other content and messages via the Picscatter service only if you own all required rights. Solely you are (and the Provider is not) responsible and liable for the photos, other content and messages made available, downloaded or otherwise used by you via the or in connection with the Picscatter service.

3. In particular you may not make available (in particular upload, present, share, distribute or otherwise make available) or download, save or otherwise use any photos, other content or messages in connection with the Picscatter service, if such content or messages or such process,

  • breaches these Terms of Use, or
  • misuses the Picscatter service, or
  • breaches applicable laws (including applicable laws for the protection of the youth), or
  • is pornographic, sexually offensive or otherwise objectionable or in any way may cause harm to minors (which is in particular the case if the Content is pornographic, glorifies violence or otherwise is harmful to minors), irrespective of whether or not such Content or process constitutes a breach of laws,
  • harasses, threatens or otherwise causes discomfort or harm to others, or
  • is abusive, harassive, defamatory, vulgar, obscene, hateful or racists, or
  • violates industrial property or similar rights or other third party rights, including intellectual property rights, trademark rights, design rights, utility model rights, trade secrets, patents publicity rights, privacy rights or the right to one own's image (you may, for example, not make available any photos via the Picscatter service in which you do not own the required rights and/or which depict persons that have not granted their prior consent), or
  • discloses personal information of others without their prior authorization, or
  • contains or transmits software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit or amend the functionality of any software or hardware or telecommunications equipment.

4. You may in connection with the Picscatter service neither use or state a false name or false identity nor pretend to be someone you are not.

5. You have to ensure that no one, except for yourself, uses the Picscatter service under your identity.

6. The access to the internet and all related costs and fees required for the use of the Picscatter service is in your sole responsibility. Due to the data volumes you may incur extensive costs and/or fees depending on the nature of the internet access and the rates agreed between yourself and the third party, such as telecommunication providers, internet access providers or access point providers. This applies in particular if you have not entered into unlimited data plans or sufficient volume-based rates with the relevant third parties. Any costs incurred vis-a-vis third parties must be borne by you. The Picscatter service even transmits data if you do not receive or transmit content.

7. Any activities of users that are designed or suited to perturb, hinder or hamper the Picscatter service (in whole or in part) are prohibited and may give rise to civil and criminal proceedings. In particular any activities are prohibited which could affect the physical and logical structure of the services.

E. Rights in the content of the User

You hereby grant the Provider the non-exclusive, royalty free and worldwide right to use all content governed by intellectual property rights (such as photos) and which the Picscatter service may access to such extent as is required to render the services offered by the Picscatter service.

Further you hereby grant the Provider the right to change photos and the right to include a watermark into the photo collages.

F. Blocking of Access to the Picscatter Service

1. The Provider shall have the right to the following measures in case of specific indications of a breach by a User of applicable law, third party rights or these Terms of Use or if the Provider has another legitimate interest, in particular for the protection of other Users against fraudulent actions:

  • warning of users
  • limitations/restrictions of the use of the platform
  • preliminary blocking from the service
  • definitive blocking form the servcie

2. When choosing the measure the Provider will take into account the legitimate interests of the respective user, in particular with regard to the question whether there are indications that the user has committed the breach without fault.

3. Any further claims of the Provider shall remain unaffected, in particular claims for damages and the right to terminate for cause.

G. Indemnity

You undertake to indemnify and hold the Provider (including its corporate bodies, employees and agents) harmless from and against any third party claims, which may be asserted against the Provider due to a breach by you of your obligations and duties under these Terms of Use and/or due to any harmful act by you. The preceding sentence shall not apply if you can demonstrate that the breach was beyond your control. Your obligation to indemnify and hold the Provider harmless shall also include any reasonable costs of legal defense, including all court and legal adviser fees in legal amount. This indemnity shall in particular apply in the case of claims based on breaches of industrial property or similar rights or other third party rights, including intellectual property rights, the right to one own's image, trademark rights, design rights, utility model rights, trade secrets, patents publicity rights or privacy rights.

H. Limitation of Liability

The Provider's liability for damages arising from contractual, quasi-contractual and statutory, including tortuous claims, shall be limited as follows:

1. The Provider is liable without limitation in case of intent or gross negligence, in case of intentional or negligent injury of a person's life, body or health, in case of a guarantee, unless otherwise agree, and in case of mandatory liability such as under the German product liability law.

2. In case of a negligent breach of the Provider's essential obligations under this agreement the liability of the Provider is limited to foreseeable damages which are typical for this type of contract, unless Section H.1 above applies. Essential obligations under this agreement are obligations which this agreement imposes on the Provider according to its terms in order to achieve the purpose of this agreement, which's fulfillment are required for the proper execution of this agreement and which the User may ordinarily expect to be fulfilled.

3. Any other liability is excluded.

4. The above limitation of liability shall also apply for the benefit of the Provider's agents and legal representatives.

I. Picscatter-Software

With regard to any software provided to you by the Provider in connection with the Picscatter service (hereinafter "Software") the following additional terms apply:

1. To the extent required for the use of the Picscatter service the Provider grants you a simple (non-exclusive), non-sublicensable right, which shall be restricted to the term of this usage agreement, to use the Software, including updates, in the agreed hard- and software environment solely for your own personal, non commercial purposes as intended by these Terms of Use in connection with the Picscatter service on compatible devices.

2. The right to use the Software shall terminate with the termination of this usage agreement. Upon termination you shall be obliged to cease to use the Software and to delete any copies, whether full or partial copies, of the Software.

3. You represent and warrant to use the Software solely in accordance with these Terms of Use.

4. These Terms of Use shall also apply to all future version of the Software (upgrades, updates) that may be provided by the Provider and which may replace or supplement the original Software, unless such upgrade or update is subject to a separate agreement.

5. Certain components of the Software are not governed by this license but are subject to separate terms; please go to http://www.Picscatter.com/thirdparty.html to see such separate terms. Such separate terms will supersede all or portions of these Terms of Use in the event of a conflict with these Terms of Use.

K. Term of the Usage Agreement

1. The usage agreement has an unlimited term. It may be terminated by both parties with two weeks prior notice.

2. The discontinuation of the Picscatter service by the Provider shall be deemed to be a termination by the Provider.

3. The right to terminate for cause shall remain unaffected.

4. Notice of termination may be given in writing or in text form.

L. Data Privacy

Our data privacy policy applies.

M. Right to Amendments

The Provider shall have the right to change or amend these Terms of Use to the extent this is required to eliminate subsequent disruptions of the equivalence between the parties or to adapt to an altered legal or technical framework. Amendments to the Terms of Use will be announced to registered Users via in-app message or e-mail with at least six weeks prior notice. Such amendments are deemed to be accepted by the User, if the User does not object to the amendments within six weeks after receipt of the announcement. The timely dispatch of such objection within the named time period shall suffice. The objection may be sent by post or email to the address stated in the imprint. The Provider undertakes to make reference to the consequence of the six week time period in the email by which it announces the amendment. The named consequence shall only take effect if such reference actually has been made. The Provider reserves the right to terminate this agreement without cause in accordance with Section K.1. above if the User objects to the amendments.

N. Messages

Any declarations and messages to the Provider may be sent to the Provider's address as shown in the contact.

O. Applicable Law, Venue

1. The Provider shall have the right to transfer all rights and obligations under this usage agreement to third parties. The Provider shall notify the User of such transfer.

2. All legal relations between the parties are governed by the laws of the Federal Republic of Germany under exclusion of the laws regarding the international purchase of movable goods and under exclusion of conflict of law rules.

3. Place of performance and court of jurisdiction for businessman (Kaufleute) within the meaning of the German HGB (Handelsgesetzbuch) for all legal disputes arising under these Terms of Use shall be the Provider's seat.

4. Unless otherwise agreed herein, you may make all declarations vis-a-vis the Provider by Email or postal letter and the Provider may make all declarations vis-a-vis you by email, facebook message or postal letter.

5. The invalidity of any provision of these terms shall not affect the validity of the remaining provisions. Invalid or void provisions shall be replaced by those that most closely resemble the content and purpose originally intended, and the same applies to possible gaps in these terms of use.