§ 1. General
Pmg is currently in development, the so called beta-stage. At this time the service of pmg might be restricted or unavailable due to bugs or technical problems.
§ 2. Description of Services
Pmg offers its services for private and commercial purposes.
§ 3. Use
§ 4. Contents
Pmg will save your photos/pictures and other information for you and will provide you access thereto. You will be solely responsible for your uploaded Contents. Regarding to your Contents, you agree that you will not upload material
- that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material,
- that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive,
- or falsehoods or misrepresentations that could damage pmg or any third party
- that offers or provides services whose subject matter is pornographic, that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.
The same applies to sending E-mails. Likewise, reference to political activities, political party meetings, demonstrations, fliers or petitions, as well as the propagation of political symbols is prohibited.
Furthermore, Contents which insult, belittle, or in other negative ways affect other users or members are also prohibited. If you violate any of these restrictions, pmg is authorized to deny or delete your Content. pmg may do so in its sole discretion without any obligation to investigate.
You will be liable to pmg for all direct and indirect damages for any violation of the above mentioned restrictions. You agree to indemnify pmg from all claims by third party resulting from your violation of the above restrictions.
§ 5. Usage Rights
Pmg grants you a simple, non-negotiable, right to utilize the offerings and services of the pmg platform. By providing pmg with your Content upload, you will be granting pmg a limited license to forth world wide duplication, distribution, transmission, public reproduction, publication or other similar uses of the Content from pmg's platform without compensation to you or any third party. You may withdraw this license to pmg at any time.
§ 6. Liabilities
Pmg shall only be liable for damages caused by a willful or grossly negligent breach of its promises to you. This limitation of liability shall also apply to breach of any implied contractual term as well as for harm and/or consequential harm caused by a defect. In the case of simple negligence, pmg will only be liable for breach of important contractual obligations, so-called Cardinal Obligations, where damages were foreseeable. Furthermore, pmg is liable for damages based on the product liability law as well as damages resulting due to death, bodily injury or injury to health. pmg shall be free to raise the defence of contributory negligence on your part. The preceding limitations on liability apply not only to pmg but to its legal representatives and assigns.
Pmg expressly disclaims any liability for any website linked to the pmg's Website or any good, services or content provided thereon. The provider of any linked website shall be solely responsible therefore.
Your personal data will be kept confidential to the extent required by law and, unless you provide pmg with explicit consent, it will only be used in furtherance of your relationship with pmg, including: billing, collections, processing and utilization. Data collection, usage, and processing shall be carried out electronically.
Please note that you are hereby also authorizing pmg to use your master and access information, to the extent necessary, to find, contain and remove errors and bugs, and to uncover illegal usage on its telecommunication networks and services. In accordance with applicable laws and ordinances, pmg may submit information to law enforcement agencies and courts for the purpose of prosecution.
Upon request, pmg will immediately and without charge, provide you with information about saved data concerning you and your pseudonyms. You may request that this information be sent to you electronically.
Pmg may transfer billing information to other service providers and third parties, so long as such transfer is necessary for the calculation of fees and/or for billing you. Other than the above listed disclosures, pmg will not give or release information about you, or your private communications, to third parties without your consent.
Pmg explicitly notes that the protection and safety of data transmissions in open networks such as the internet, even with the present state of technology, cannot be absolutely guaranteed. You, the user, understand that pmg can at any time, from a technical perspective, view saved page information on the web server and under certain circumstances also other stored user data. It is solely your responsibility to protect your own data on the internet and saved on pmg's web server.
You consent that during the term of this agreement pmg may send you technical support e-mails, with references to and information about access to services, possible expansions and other appropriate miscellaneous pmg platform information.
For the purpose of advertising, marketing research and other justifiable arrangements, pmg may utilize your uploaded photos and/or tags and for this may create a corresponding profile under your pseudonym. However, you have the right to prohibit the processing and use of your information.
§ 8. Performance Guaranties
Pmg represents that all its platform will function properly in all material respects and that its server will yield a yearly mean of availability of 97%. As you can read in §1 pmg is currently in development, the so called beta-stage. At this time the service of pmg might be restricted or unavailable ue to bugs or technical problems. Excluded from these guaranties are malfunctions or other problems caused by conditions beyond pmgs control (for ex. forces of nature, fault of third parties, etc), which produce: operating failure or alterations, modifications, internals or externals, or require repair or other miscellaneous manipulations.
Furthermore, pmg assumes no liability for and provides no guaranty for the display of pictures/photos. Any problems or error messages should be reported in writing or by email. Pmg may reduce or suspend service access as needed to protect the security of its offers.
§ 9. Third Party Rights
Pmg is not liable for your photos, videos, texts or other miscellaneous Content placed on its platform. You agree to indemnify and hold pmg harmless from all third party claims for infringement of rights, in particular copyrights, licences, competition laws or other miscellaneous trademark laws based on your submitted Content. This indemnification includes your obligation to compensate pmg for all attorneys' fees and costs incurred in any litigation or other proceeding, as well as for damages arising from infringement. You agree to assist pmg with its defence of any such claim by providing pmg with all requested documents and data. Pmg will release you from liability for any third party claims which depend on alleged infringement of commercial property rights or copyrights if pmg is at fault for the alleged infringement and you inform pmg in writing immediately upon learning of any such claims and pmg's rights to all technical and legal means of defense and settlement negotiations have not been compromised in any way. The aforementioned release will not apply if any third party infringement claims are due to misfeasance on your part, in particular related to the placement of Content on the pmg platform by you.
§ 10. Final Provisions