Terms Of Use

The following terms attange the use of the online offer picload.org.

1. General

The toFOUR GmbH provides with its platform picload.org a service in the net which makes it possible to save the images of every net user who accepts the terms of use and is not excluded from the service through lock measures.

The use is free for users. This service is primary financed in cooperation with offerers of goods and services, so called sponsors.

2. Performances

picload.org offers all user as a so called image hoster a free surface to exchange images worldwide. The user is able to upload image data onto the server of picload.org for this purpose. The user receives different links after a successful upload which he can provide other people.

picload.org operates several web servers which are permanently connected with the net. It provides memory space on these computers for the own purposes of the user. The information which are filed on the server can be worldwide questioned about the net. It's not possible to guarantee a permanent availability of the performances. Sorts of circumstances which picload.org can't influence can affect the operation of the service. picload.org won't be responsible if the service effects performances belated or even not because of such circumstances.

picload.org reserves the right to extend or change performances, to conduct improvements and to step the service totally or partly every time. A decrease, refund or damages claim doesn't result from it. Furthermore the user isn't entitled to permanent available uploaded data. picload.org reserves the right to delete a data, especially if an uploaded data hasn't been recalled for a longer time.

3. The user's obligations

The user guarantees that the contents which are filed on the server do not offend against accepted right. He undertakes to use the services of picload.org not to save or distribute obscene, pornographic, racist, threatening or slanderous material. The user won't offend copyright, trademark, patent or other rights of third parties with his data (including the data name). The user also undertakes to show consideration for cultural and religious interests of other participants and not to disseminate unlawful expressions, especially not to insult, treat, defame, to revile or pursue someone because of race, political or other opinion, gender or another reason, neither in word nor in image or other opportunities of representation.

The user is responsible for the content of the data by himself. If the user offends against these terms of use, his IP address will be locked and the further use will be prevented. If the reason for the lock lies in the upload or the attempt to upload forbidden contents, the recorded data will be released and provided the competent inquiry authority. This could especially be IP address, net provider and country of origin. picload.org doesn't have the duty to examine the user's content according to §§8 to 10 German Broadcast Media Act (TMG).

Contraventions lead to an immediate lock of the contents. Possible damage claims go to the debit of the user. Illegal contents, e.g. children pornography, will be reported without warning to the complete authority.

Besides this, picload.org reserves the right to lock in principle or to prevent in an isolated case the operation contents which can affect the behavior of normal operation or the security of the server.

4. Liability

The user uses picload.org at his own risk. picload.org is responsible neither for direct nor indirect coincidental damages. Data damages or damages through data abuse through a criminal ingression to computers of picload.org can only be prevented to a certain degree at the moment. This limited liability concerns both contractual and not contractual claims.

The user is responsible for all damages claims by picload.org or its contract partners. This will especially be correct if confiscations of hardware take part because of published contents of the user. The user undertakes himself to fully refund all damages developed out of this.

Damages claims or other recourse claims against picload.org are impossible.

5. Data protection

picload.org automatically raises and saves access data in its server log files with every demand of a data file from our website. These data can't be allocated certain people through picload.org.

If the user offends against these terms of use and provides contents which aren't allowed for downloading or tries to provide such data for downloading respectively, picload.org will reserve the right to cancel them in the course of this point assured anonymity and to be placed at the competent penalty inquiry authority's disposal.

According to §33 Federal Data Protection Act picload.org points out that personal data are electronically processed and saved in the course of contract realization and, if necessary, are passed on to involved cooperation partners, auxiliary persons and service providers in necessary scope. These data are also used for contacting, news, changes and technical adaptations.

6. Cooperation

The users' cooperation is desirable to permanently maintain the service of picload.org. If data which are offered for downloading and offend against these terms of use are conspicuous, there will have to be sent a message to the abuse management so that suitable measures can be taken.

7. Final provisions

If a provision of this contract is or becomes invalid, the contract stays valid together with all other provisions. The criticized clause has to be replaced by such a clause which comes as close as possible to the economic purpose of the origin clause. German law is in force.

picload.org has the right to transfer the contract with all rights and duties through explanation to successors in interest.

Place of fulfilment and legal domicile for all performances will be Schmalkalden if the user is businessman or a juristic person of the public law, if the user has no general legal domicile at home during conclusion of the contract, if he transfers his later place of residence or his common whereabouts out of the FRG (Federal Republic of Germany) and if his place of residence or his common whereabouts isn't known at the moment of bringing an action.

Effective Date: 2009-07-14

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