Terms and Conditions
The following General Terms and Conditions of Use (hereafter `Terms`) set forth the basic rules for any transactions between people participating by sending in a picture or publishing other comments or texts (hereafter `User`) via www.humanrightslogo.net (including any sub-urls). They apply exclusively and irrespective of conflicting provisions. The Initiative objects to any deviating terms, the User wishes to apply to the relationship. The Initiative reserves the right to suspend, disable or terminate the relationship with any User who violates these Terms. Any recourse to courts of law is excluded.
The Initiative stores Access Data for the sole purpose of being able to run www.humanrightslogo.net. Access data will not be passed on to third parties for marketing or similar purposes or made public by any means. The Initiative ensures protection of the Access Data according to the German Federal Data Protection Act and the German Law on Data Protection in the Area of Tele Services and any other applicable German data protection statutes. By submitting a picture, the User certifies that he or she is the sole owner and does not infringe on any third-party intellectual property, copyright, trademark, personal rights or other rights. By submitting a picture, the User agrees to be bound by these Terms and agrees that these Terms form a legally binding agreement between the User and the Initiative. The Initiative does not accept responsibility for entries lost or damage to submitted pictures.
Rights of Use
By posting or submitting content to the website, each User grants the Initiative a limited, revocable, royalty-free license to use, display, publish, perform, copy and make derivative works of the content in connection with any activity related to the promotion of the universal human rights logo. In particular, the User grants the Initiative the right to maintain the picture sample or comments on www.humanrightslogo.net, make the accessible to third parties (public accessibility), to use and publish it in printed matters, films or other media for promoting, presenting or reporting about the human rights logo, and to perform reproductions required for those purposes. The license includes the right to grant sublicenses. It is the sole obligation of the User to ensure that said content does not infringe upon the rights of third parties.
The User further grants the Initiative the right to process or modify picture samples in order to optimize their presentation on www.humanrightslogo.net.
Copyright owners or their agents may notify the Initiative that a Picture or some of its components infringe upon their rights. Said notice shall be in writing, describe the alleged infringing material, and offer evidence that the notifying party holds said copyright.
The User is obliged to ensure that the Initiative, their affiliates or employees are held harmless of and from any claims, liability or damage arising from the website’s operation, including any liability and costs associated therewith such as attorney fees and costs of litigation. The User is solely responsible for securing all relevant rights of use pertaining of content they submit on www.humanrightslogo.net.
Under no circumstances are the Initiative, its affiliates, subsidiarities and officers liable for direct, special, indirect or consequential damage of any kind, including loss of use, loss of profits or loss of data, in any action but not limited to negligence, arising from the use of or the inability to use the Initiative’s services. This includes but is not limited to damages caused or resulting from reliance by a User on information obtained from the Initiative, or that result from mistakes, interruption of service, delays in transmission or any performance failure, whether or not caused by force majeure, communications failures or the destruction or unauthorized access to the Initiatives records. The foregoing limitation of liability applies except in the case of intentional acts, or gross negligence.
Operation of Website
The Initiative does not guarantee that any content or links provided on the website will be free of viruses, trojans, worms or other codes.
German Jurisdiction, Venue and Salvatory Clause
The use of www.humanrightslogo.net, and these Terms are governed by German law. In particular, the validity, interpretation and performance of this agreement including any amendments shall be controlled by and construed in accordance with the substantive law of Germany without reference to the substantive law of any other country and under specific exclusion of the German international private law (conflict of laws).
Insofar as applicable and legally possible, the User agrees that Berlin is the exclusive venue for all court proceedings arising from these Terms.
The invalidity of individual provisions of these Terms shall not result in an invalidity of the Terms as a whole.