Terms of Use

1) Sharing galleries and projects

Saal Digital Fotoservice GmbH (hereinafter “Saal Digital”) allows users to upload image files to galleries. Furthermore, projects designed with image files can be uploaded or saved. Users have the option to publicly release galleries and/or projects, or make them available by protecting them with a password, so that they can be publicly accessible (in full or in part) and can be accessed by third parties on the Internet. Furthermore, it is possible to publish galleries and projects with the option of selling them.

Saal Digital reserves the right to cancel or delete the published individual galleries, projects or individual images, without any prior notice or justification.

2) Granting of rights

By publishing a gallery or a project, users grant Saal Digital the right to make the image files accessible via the Internet, to broadcast them, forward them and, by allowing them to be sold, users also grant Saal Digital the right to reproduce image files, to produce prints or similar image products, as well as the right to sell such products/images.

3) Intellectual property

Users confirm they hold the rights for the images displayed in the published galleries and/or for the galleries that have been offered for sale, and that such images are not protected by trademarks, patents or copyrights of and by third parties.

Should the images depict identifiable persons, users shall obtain valid and binding model releases from all relevant parties that are substantially similar to Saal Digital’s release granting the rights of use contemplated by this agreement with respect to such content; the user shall retain the original copy of such release and provide Saal Digital with a copy upon request.

Should the images depict identifiable buildings or identifiable property whose owner’s identity can reasonably be ascertained, the user agrees to obtain a valid and binding release substantially similar to Saal Digital’s release should such a release be required by the property owner to permit its full use, including its commercial use; the user shall retain the original copy of such release and provide Saal Digital with a copy upon request.

4) Compensation

Saal Digital commits to process payments within 30 days from the end of the month when the sale took place. Payment is calculated as the net amount net of shipping costs. The conditions currently in force are displayed in the user’s account.

5) Liability

Saal Digital shall be liable for damages in the event of a material breach of contractual obligations, in case of lack of warranted characteristics and in case of customer’s claims as stated in the Product Liability Act. Furthermore, Saal Digital shall be liable for damages only in the event of intended or gross negligence on the part of Saal Digital and its vicarious agents. Saal Digital shall not be liable for any indirect, consequential or atypical damages of any kind. This also applies to compensation for loss of profit, impossibility of use or intangible values.