Streetfiles.org

Welcome to Streetfiles.org and all related versions of this web site whose URL ends in streetfiles.org (hereinafter collectively referred to as “Streetfiles”). The use of Streetfiles is – like almost all other web sites – subject to particular terms and conditions (hereinafter referred to as “Terms of Use”). These Terms of Use are set out below.

General Use of Streetfiles

Streetfiles and the services offered on the web site are aimed at persons who are at least 16 years of age. Streetfiles and the services are intended for private and not for commercial use. All visitors to the web site should adhere to the general rules of conduct whilst using and accessing the services provided. The use of the services and access of the website by you signifies your agreement:

• not to violate applicable state or federal or international laws;
• not to interfere with others’ use of Streetfiles;
• not to use the services in order to impersonate another person;
• not to use the services offered on Streetfiles in order to harass, threaten, stalk or abuse users of the web site; not to use the services offered on Streetfiles to endanger minors;
• not to use the services offered on Streetfiles in order to send unsolicited emails, mass emails, spam or other material to the users of Streetfiles or other individuals or entities;
• not to post obscene, vulgar, damaging or abusive content or content which contains nudity, violence or is explicitly sexual or defamatory in nature or which infringes copyrights, trade marks, patents or other forms of intellectual property of Streetfiles or of third parties;
• not to use the services offered on Streetfiles in order to violate the private sphere of others or obtain and use private or personal information on an individual or attempt to gain unauthorised access to other computer systems with the aid of Streetfiles.

These conditions only reflect a minimum level of conduct which we expect on our web site. We request that you also employ common sense in your actions and respect other users of the site. We reserve the right to suspend or terminate the right to use the services provided by Streetfiles at our own discretion should you infringe the rules of conduct or act in an otherwise inappropriate manner.

Copyrights, Trade Marks and Other Forms of Intellectual Property

All content posted by a member remains the property of that member who posted the content. All other material and content available on Streetfiles (this includes copyrights, trade marks, texts, articles, graphics, images, logos, videos, animations, audio and digital clips, photographs, illustrations and icons as well as the compilation of all content on this web site) are the property of Streetfiles and as such are protected under the laws of the Federal Republic of Germany as well as international laws.

Photographs posted by members can be subject to varying licensing conditions. The exploitation rights chosen by the member is displayed alongside the individual photograph view. More information on the various exploitation rights can be found at our copyright information page.

Photographs posted anonymously may be used freely and without limitation.

The users are not granted either a license or any other rights to the intellectual property or other property rights of Streetfiles or third parties aside from the right to use the site for personal use.

Copyright Infringement

If you are of the opinion that a work available on Streetfiles constitutes an infringement of copyright or other intellectual property rights, please inform us in writing including the following information:

• proof of your authorisation to act on behalf of the owner of the copyright protected work;
• a description of the work whose copyright, in your opinion, has been infringed;
• a description of the location of the allegedly infringing material on Streetfiles including the permalink to the material;
• your address, telephone number and email address;
• a statement from you confirming that you, in good faith, do not believe that the use in question has been authorised by the copyright owner or his agent or the law;
• a statement from you, submitted under penalty of perjury, that the above mentioned information is correct and that you are the owner of the copyright or are authorised to act on behalf of the owner of the copyright;
• your electronic or physical signature.

Reports of copyright infringements should be sent to hello@streetfiles.org.

Posted Content

As part of the use of Streetfiles and its services, you may upload, post, distribute or disseminate (hereinafter referred to collectively as “post”) content and material (including photographs, pictures taken by yourself, picture captions and comments) or send us material by post or email (including photographs taken by you, articles written by you, picture captions and comments) which we – subject to our discretion – may post on Streetfiles (hereinafter referred to as “Posted Content”). You hereby consent to grant Streetfiles a right (including all moral rights) and a license to use the Posted Content on the Streetfiles website and in any other way for the purpose of advertising Streetfiles and its services. If you are not the owner of these rights, you also warrant that the owner of these rights wholly and effectively waives these rights and transferred them legally and irrevocable to you. You also confirm and declare that you are solely responsible for the form, content and accuracy of the Posted Content. You also declare that you shall not post false or inaccurate material or delete or edit material which was not posted by you. You are responsible for your own postings and shall bear the full consequences of these postings. You undertake to refrain from the following:

• posting material which is protected by copyright or as a trade mark if you are not the owner of the respective copyright or trade mark and/or do not have the authorisation of the owner (including the required authorisation and release) to post the material in question;
• posting material which infringes the intellectual property rights or violates the privacy or publicity rights of others;
• posting material which does not comply with applicable laws, is obscene, pornographic, of a sexual nature, offensive, defamatory, threatening, harassing or abusive or expresses hatred of other users, other persons or institutions;
• posting a chain letter or multilevel selling scheme;
• posting material containing a virus, trojan horse, worm or other computer programming routine or component designed to cause harm to systems, data or information or otherwise negatively interfere with, secretly intercept or expropriate these.

Streetfiles does not guarantee the accuracy of Posted Content or support the opinions as expressed by users of the site. The confirmation of the accuracy of Posted Content of other users is undertaken at your own risk. Streetfiles does not confirm that each user is the person who they claim to be. Streetfiles undertakes extensive measures in order to protect the Posted Content from misuse. Should a case of misuse nevertheless arise, Streetfiles shall not be liable in any way for such misuse. As Streetfiles does not become involved in the interaction between users or control the conduct of users on Streetfiles, you release Streetfiles from any claims, demands or damages payments (both direct and indirect as well as actual and consequential) irrespective of whether these are known or unknown, suspected or unsuspected, disclosed or undisclosed or are in any way related to such dispute. Streetfiles acts as a passive channel for Posted Content and is not obliged to filter or monitor Posted Content. Should Streetfiles be informed of Posted Content which allegedly does not comply with these Terms of Use, Streetfiles shall investigate the allegation and decide at its own discretion whether steps should be taken according to these Terms of Use. Streetfiles has no liability or responsibility towards users for the success or failure of these activities. It may be that you are of the opinion that some Posted Content is defamatory, offensive, dangerous, inaccurate, unpleasant, false or misleadingly named. Streetfiles expects you to exercise due care and common sense when using the services provided.

Streetfiles has the absolute right to remove and/or delete any Posted Content without notice which it deems to be inappropriate. You accept this removal and/or deletion and waive any claims you may have against Streetfiles in respect of this removal and/or deletion.

Streetfiles does not accept responsibility or liability for the failure to store Posted Content or other materials which you save via Streetfiles. You should therefore take appropriate measures to maintain copies of data, materials, content or information which you post on Streetfiles.

We are always happy to receive comments from visitors to our site and welcome your messages. Due to the large number of ideas and work which Streetfiles has already developed or which has been suggested by others, there exists the possibility that ideas, suggestions or submissions sent to us by you via Streetfiles, constitute ideas, information or suggestions which we are already aware of. By revealing information, ideas, suggestions or other materials, you declare that (a) no understanding of confidentiality exists and the material was not submitted on a confidential basis and that (b) no obligations shall be expected of or assumed by Streetfiles. Furthermore, the use of this information, these ideas or suggestions shall not result in any liability on the part of Streetfiles.

Membership

In order to access and use most of our services, you must first register as a member by completing an online registration form. You declare that all information submitted by you (“Membership Information”) is accurate and complete and that you shall update your Membership Information in order to ensure the accuracy and completeness of this data.

Passwords and Security

At the beginning of your membership of Streetfiles, you will create a password. You shall have sole responsibility for any use of your password and for any acts undertaken on Streetfiles with the aid of your password. You have sole responsibility for maintaining the confidentiality and security of your password and agree not to impart your password to others (unless such persons have been authorised by you to use your account). You assume full responsibility for all transactions and activities which are placed or carried out through your account and hereby release Streetfiles from any liability claims in connection with such transactions and activities. You accept the responsibility of informing Streetfiles immediately of any actual or potential loss, theft or unauthorised use of your account or password. Streetfiles is not obliged to check the authorisation or appropriateness of any use or measures undertaken with the aid of your password and shall not be held responsible for any loss incurred by you due to such use or measures or from your failure to fulfil the above mentioned conditions. Although Streetfiles will endeavour to take exhaustive measures to provide appropriate levels of security for the use of internet, telephone or other methods of communication for transferring data or other messages, Streetfiles does not accept liability in connection with unauthorised third parties or entities accessing data or messages.

Privacy Policy

Please refer to our Privacy Policies which covers the use of personal data and identification information on Streetfiles.

Amendments

Streetfiles is entitled to amend this agreement (including these Terms of Use and the Privacy Policy) as well as all other guidelines or codes of conduct governing Streetfiles at its own discretion by posting the modified Terms of Use or other guidelines or codes of conduct on Streetfiles. Streetfiles shall inform its members of these amendments via email in advance. These amendments shall become effective as of the time of posting (unless another date is named at the time of publication). By using Streetfiles you declare your agreement with the Terms of Use and the Privacy Policy in the version applicable at the time of your use.

Links

Users will receive access to external internet sites through Streetfiles via hypertext or other computer links. Streetfiles does not monitor or check these external web sites and as such can not offer any guarantee or assurance in respect of these sites. A link from Streetfiles to a web site offered by a third party does not constitute an endorsement of the products or services offered on such an external web site.

Applicable Law

Any disputes arising from or in connection with this agreement or the use of Streetfiles or the services shall be governed by the laws of the Federal Republic of Germany, irrespective of any conflict of laws. Any disputes, proceedings or negotiations in connection with this agreement and/or your access to or use of Streetfiles must be brought before the federal or state courts in the state of Berlin and you hereby expressly and irrevocably agree to the exclusive jurisdiction and venue of these courts. Streetfiles does not claim that access to Streetfiles is legal and that content can be downloaded outside the Federal Republic of Germany. Access to the content may be illegal for certain persons or in certain countries. If you choose to access Streetfiles outside the Federal Republic of Germany you do so at your own risk and you assume sole responsibility for complying with the laws in the respective jurisdiction.

Termination

You accept that Streetfiles is entitled to stop your use of Streetfiles and the services and delete and destroy all content from the site at its own discretion and for any reason, including but not limited to non-use or in the case that Streetfiles believes that you have violated the principles of the Terms of Use. Streetfiles is further entitled to cease providing Streetfiles and the services completely or in part with an appropriate period of notice or with no notice. You hereby agree that any termination of your access to Streetfiles and the services, according to the conditions of these Terms of Use, may occur without notice and accept that Streetfiles may immediately deactivate or delete your Posted Content and/or block any further access to those files, to Streetfiles or to the services. Furthermore, you agree that Streetfiles is not liable to you or any third parties in respect of the termination of your access to the services. The Terms of Use will continue to apply to your prior use of Streetfiles and the services, even after termination. The termination of your use of Streetfiles and the services does not exempt you from compliance with the Terms of Use or limit your liability in respect of past use.

Entire Agreement

The current version of this agreement (including the Terms of Use and the Privacy Policy) constitutes the entire agreement between you and Streetfiles in respect of the object of the agreement. This agreement replaces all previous or contemporaneous written or verbal arrangements or agreements in respect of the object of the agreement.

Disclaimer of Warranties

The use of Streetfiles and the services is undertaken at your own risk. Streetfiles and its content are provided “as is”. Streetfiles does not warrant that the services offered will be continuous or without fault. Streetfiles shall not be liable for the availability or content of other services which are linked from Streetfiles.

Streetfiles does not offer any warranty or assurance in respect of Streetfiles, of the services offered on Streetfiles or all information or goods which are offered, advertised or sold via Streetfiles. All express, implicit or legally required warrantees which include the warranty in respect of marketability, the suitability for a particular purpose and the infringement of property rights, are expressly excluded to the maximum possible extent under law.

Limitation of Liability

You declare and agree to the maximum extent permitted under law that Streetfiles shall not be liable for any losses or damages of any kind which result from the use of Streetfiles and the services. This includes the following:

• all direct, indirect, special or consequential as well as punitive or other damages which arise from the fulfilment of the agreement;
• damage due to blocked use, profit loss, loss of data or other immaterial assets;
• damage due to unauthorised use, non provision of the web site as well as faults or neglect;
• damage in connection with the downloading of information, posting of information or the sending or receiving of emails;
• damage which is caused by viruses, worms, Trojan horses or other damaging or destructive programs, even if Streetfiles has been informed of the possibility of this damage. The liability of Streetfiles is limited, in jurisdictions where an exclusion or limitation of particular warrantees or liability is not permitted, to one hundred euros (€100.00).

You expressly declare that your use of Streetfiles and the services is undertaken purely at your own risk. In some jurisdictions, the exclusion of certain guarantees or the limitation or exclusion of liability for direct or indirect damage is not allowed. Thus, some of the above limitations may not apply to you.

Miscellaneous

A failure of Streetfiles to assert its rights as granted under this agreement should not be interpreted as a waiver of these rights. If one provision of these Terms of Use is or becomes invalid, this invalidity does not affect the validity of the remaining provisions of these Terms of Use. The invalid provision will be replaced by a valid provision which most closely represents the intention of the parties to this agreement.

Infringements

All rights – including all trade mark rights, copyrights and database rights (in the design of and compilation of data within the database) in Streetfiles – are property of Graffitinet e.V. or licensed by Graffitinet e.V.

Questions/Contact Information

If you have any questions in regard to this Terms of Use, please send an email to hello@streetfiles.org.

Berlin, the 1st of July, 2008