1. All contents of PhoMoCo.com are copyrighted and/or protected by other trademark rights. Their utilisation underlies the existing copyright or other trademark rights. Every utilisation of its contents, in special for commercial reasons, needs the allowance of the bailee. Bailees are the members or the operators of PhoMoCo.com.
2. All registered members have to acknowledge these terms as binding for the user relationship between them and the operators of PhoMoCo (name and address to be found on each page under "Contact Us" [Imprint]). PhoMoCo.com does not acknowledge any terms to the contrary. These Terms of Use are meant to protect and maintain the members rights, PhoMoCo.com rights and the rights of third parties within the operation of PhoMoCo. To the extent that commercial elements are handled through partners, the terms of use of such partners are effective.
3. No member is allowed to submit any false or misleading information by his registration or to get registered under a false identity and every member has to keep his data up to date. The password chosen for the registration has to be threaten confidentially. All members are responsible for any activities performed under their password. All members have to inform us immediately of any unauthorized use of PhoMoCo under their name. Non-compliance with this obligation gives PhoMoCo.com the right to termination without notice.
4. PhoMoCo.com provides a free Internet offer and gives all members the possibility to upload own photos. Each member is allowed to use a limited amount of web space. Additionally members can set up their own profile, make contributions to discussions in the forum, make comments on photos, use the internal messaging system and take part in activities offered. Other services are chargeable.
5. Every member can find the subject matter and the price of the chargeable offer of PhoMoCo in the specification of services. PhoMoCo.com reserves the right to amend the latter to the extent that only a change due to a further development occurred which in most cases concerns the range of functionalities and is reasonably acceptable and not detrimental for the user. In case of further-reaching changes PhoMoCo.com will inform all users on the screen or by email in due time before such changes take effect. If members do not declare their disagreement before the coming into effect, the change shall be deemed accepted. If members disagree, their membership shall be terminated.
6. By transmitting content to our server members have to give PhoMoCo.com the guaranty that they have the right to make this content available for use. At the same time they have to grant us a right of use in this content. This granted right of use comprises the revocable right to publication, distribution, transmission, reproduction in public, publication or similar use of the transmitted content on a worldwide scale, exclusively within the Internet offer of PhoMoCo, without any claim for remuneration for themselves or any third parties. All members may exercise their right of revocation at any time by deleting their photos or their postings.
7. All members have to preserve PhoMoCo.com from all claims of third parties that these may assert against PhoMoCo.com for infringement of their rights, notably of copyrights and user, license, competition or other proprietary rights, based on the content you transmitted. Members have to reimburse PhoMoCo.com the costs of any legal defence which may arise as a consequence of their infringing content. Members also undertake to use their best efforts to support PhoMoCo.com in the handling of any third-party claims based on their content and notably to submit to PhoMoCo.com all documents that may be required for defence.
8. Members are responsible by themselves for their photos and postings transmitted and for their behaviour within PhoMoCo. Their access rights to PhoMoCo are limited if they use the free offer. Members are not allowed to violate laws or other rules and regulations within their participation in the offer of PhoMoCo. PhoMoCo.com reserves the right, in illegal, immoral acts or other important reasons, in its sole discretion to terminate membership. This applies to the free as well as for the paid membership at PhoMoCo.com. All images and postings of this person, without exception, are invariably removed from the platform. PhoMoCo will make no restitutions for premium rates paid in no cases.
9. PhoMoCo.com has the right but not the obligation to review, edit, delete or disable any images and postings if these are in breach of a members obligations or if they violate the law. This is also valid if such violation is suspected. PhoMoCo.com can delegate this right, e. g. to other members (e.g. Moderators). A claim to the publication of images or postings in PhoMoCo does not exist.
10. Each member must agree: o Not to send any data which publishing violates copyrights or other trademark rights. o Not to advertise or to distribute mass mailings (chain letters, spam etc.). o Not to offer any products or services except for private purposes within the buy and sell forums provided and only in compliance with the content of the forum set up by PhoMoCo.com. o not to upload any content to PhoMoCo.com containing software, applications, programs or viruses or any other data which impair or damage the functionality of hard- and software of PhoMoCo.com or other participants. o Not to offend, defame or otherwise annoy or cause damage to other members. o Not to use the data and email addresses of other members obtained through the use ofPhoMoCo.com for commercial duties or advertisement. o Not to use PhoMoCo.com for racist reasons or material which may be harmful to minors, conveys ideas of national socialism, glorifies violence etc.. o Not to publish pornographic material, except for the particular areas. These areas are not accessible to all members
11. No member has the right to participate in any raffle or competition held by PhoMoCo.com. There is also no right to be granted a prize. If the prize granted is defective, the winner shall only be entitled to delivery of a defect-free prize if PhoMoCo.com is unaware of the defect of the prize due to gross negligence.
12. All contents and the correctness of offers in the buy and sell and bartering forums is in the responsibility of the offering member. A contract shall be concluded only between the members involved. PhoMoCo.com does not act as an agent. The implementation of such contract lies in the members' responsibility. Only they are responsible for mutual performance. PhoMoCo.com only offers the electronic platform for the conclusion of contracts and does not provide any further assistance in the implementation of them.
13. The membership in PhoMoCo.com is free of charge. Upon registration every members gets a free of charge membership. Every member can decide anytime if he wants to have a membership with costs and is able to use more services of PhoMoCo.com.
14. The free of charge membership runs for an indefinite term. Such memberships may be terminated at any time by the member or PhoMoCo.com, without observing any notice period and without any reasons. The termination shall be effected in writing or by email and shall become effective upon receipt. The members agree that their displayed images will be deleted after termination and PhoMoCo.com will delete them within 14 days of receipt of your notice of termination.
15. Memberships for the chargeable offer starts with the activation of the profile from PhoMoCo.com or an extension on the first day following the expired membership. There are half-yearly and annual subscriptions. The subscription is automatically extended for the chosen period, unless it is renewed in good time before the end of the pay period worked through payment. Payments are handled through our payment service providers whose terms of use you also acknowledge hereby.
16. Upon registration members agree to receive newsletters from PhoMoCo.com and their partner to your e-mail address edited at registration. Members can cancel this agreement in their profile settings anytime.
17. Every member has to agree to advertising being displayed.
18. PhoMoCo.com guarantees that statutory provisions on data protection are followed. PhoMoCo.com processes and saves personal data only to the extent necessary for implementation of the contract. By registration, members gave their express consent to PhoMoCo.com publication within PhoMoCo.com of the data they submitted unless PhoMoCo.com expressly stated otherwise. Any activity within PhoMoCo.com is saved with the IP address pertaining thereto. If there should be a suspicion of a criminal offence, investigators may use the data of the access provider to identify the particular user.
19. PhoMoCo.com and its vicarious agents are only liable for breach of contractual obligations and only in events of intent and gross negligence unless cardinal obligations are affected and/or mandatory legal provisions exist to the contrary. To the extent legally permitted, PhoMoCo.com and its vicarious agents are only liable up to the amount of typically foreseeable damage. PhoMoCo.com does not guarantee that the offer of PhoMoCo.com will be available without interruptions. Rectification of faults and maintenance works may make it necessary to interrupt the service and access to the offer. PhoMoCo.com reserves the right to change parts of the offer of PhoMoCo.com. Also PhoMoCo.com does not take any responsibility for contents to which members are transferred through a link which obviously takes them out of PhoMoCo.com. We have no influence on the content of such third-party websites.
20. All contents of PhoMoCo.com are protected by copyright and/or other trademark rights. Their use shall be subject to the applicable copyright and other protection laws. Any use of these contents, also in part, notably for commercial purposes, requires the prior allowance of the holder of the rights. The holders of such rights may be, among others, the members or the operators of PhoMoCo.com. Every members name will be shown to the uploaded photo on the website of PhoMoCo.com. PhoMoCo.com gives the allowance to make a hard or soft copy of such content exclusively for personal, non-commercial use, subject to the proviso that captions or other information on the content source are not forged or deleted.
21. If any provision of these Terms of Use is invalid or unenforceable, it shall be replaced by a valid or enforceable provision that comes as close as possible to the legal intention of the invalid or unenforceable provision. These Terms of Use and the entire legal relationship between the members and PhoMoCo.com shall be governed by the laws of Austria. To the extent admissible, Vienna shall be agreed as place of jurisdiction for all legal disputes that may arise. In all other aspects the statutory provisions shall apply.
