1. Scope

The services provided by sevenload GmbH (hereinafter “sevenload”) shall be subject solely to this User Agreement. The user shall accept these terms and conditions of use upon registration with the sevenload platform.

sevenload may, at any time, modify and/or amend this User Agreement. sevenload shall notify users of such modifications and/or amendments to the User Agreement by placing a notice on the sevenload platform, such as on the sevenload blog or by means of a note to the User Agreement itself. From the time of such announcement, the user may object to such modifications and/or amendments in writing. E-mail communications shall satisfy the requirement of written form. If the user does not object to the new User Agreement within 14 days, the User Agreement shall be deemed accepted. In the event of the user’s objection, sevenload may terminate the agreement with the user or terminate the user’s access at such time as the modified or amended terms and conditions of use enter into force.

2. Subject Matter of the Agreement and Specifications

The services of sevenload comprise, among other things, the option for the registered user to place and upload multimedia content such as images and videos onto the sevenload platform. sevenload provides its users the option to store a variety of multimedia content through public and non-public user accounts. The disk space for uploaded content is limited for each user. Registered users can continue to create their own profiles and fill them with information about themselves at their discretion. In addition, the user can comment on or review images and videos of other users, invite other users to become his or her friends and create his or her own circles of friends as well as join groups and send mails to other registered users using the internal messaging system. For such purposes, sevenload grants the user a non-exclusive license for using the services of the sevenload platform. Upon termination of the user's registration, the right to use the services shall also terminate. The services of sevenload are provided free of charge; the user, therefore, will not be billed for the use of the sevenload platform.

sevenload provides these services solely for private, non-commercial purposes of users. sevenload reserves the right to remove from the sevenload platform any content that it deems to have been published only for commercial purposes.

3. Registration, Use

The services of sevenload can be used in full as soon as the user has registered with the sevenload platform using the registration form. The services of sevenload shall be available to adult users or minors who have the consent of a parent or guardian.

By registering with the sevenload platform, the user acknowledges these terms and conditions of use, for the regulation of the mutual obligations between sevenload and the user, to be binding in express terms. The use of the services shall be subject solely to this User Agreement of sevenload.

The user undertakes to keep confidential the passwords used to access the services of sevenload and to inform sevenload immediately as soon as the user becomes aware that his or her password has become known to an unauthorised third party. If, through the negligence of the user, a third party uses the services of sevenload on the basis of such passwords, the user shall be personally liable for any damages incurred by sevenload as a result.

4. Lawfulness of Multimedia Content

sevenload stores the user's uploaded multimedia content (images, videos and information) and/or provides the necessary disk space and access thereto. Therefore, the user shall be solely responsible for the multimedia content uploaded by him or her to the sevenload platform. Accordingly, the user shall ensure that such content does not violate any applicable laws and statutory provisions, public policy and, in particular, the rights of a third party (naming, privacy, copyright, data protection, etc. rights). In particular, the user undertakes not to upload any content that violates provisions of the Criminal Code, the Interstate Treaty governing the Protection of Minors in the Media (JMStV) or laws governing narcotics, drugs and firearms. The user, therefore, shall agree, for example, not to upload any content containing pornographic material or content that glorifies violence or incites violence and hatred, not to incite criminal acts, not to provide instructions on how to commit criminal acts and shall refrain from providing, or causing to be provided, services that involve pornographic and/or erotic content. The same shall apply to the transmission of e-mails.

Furthermore, the user shall not upload content or comments onto the sevenload platform that insult, defame, harass or otherwise damage other users.

The user shall also agree not to transmit data or store data on a data carrier of sevenload that, given their type or nature (e.g., viruses), size or reproduction (e.g., spamming), that could jeopardise the functioning or operation of the services and data network of sevenload. In addition, the use of computer programs for the automatic readout of data, such as crawlers, shall be prohibited on the sevenload platform without the express consent of sevenload. The user shall be liable to sevenload for any damages resulting from the transmission of such prohibited data.

sevenload may, if the user is in breach of any of the aforementioned prohibitions and guidelines of this User Agreement, reject the user's content, delete content immediately and block the user from further uploads, delete the pages and any references thereto immediately and/or terminate the user’s registration effective immediately. In such event, the user shall not be entitled to the restoration of his or her multimedia content on the Internet platform or the release of his or her deleted user profile.

5. License

Upon uploading multimedia content, the user shall transfer to sevenload a free, non-exclusive, sublicensable license unrestricted in terms of quantity and territory for the multimedia content that the user uploads to the sevenload platform. Such license shall comprise, in particular, the right to make the multimedia content available to the public in a wired or wireless manner, so that members of the public have access to it regardless of place or time, including the reproduction on any number of receiving devices that allow for online access, such as, in particular, stationary and mobile computers, TV sets, set-top boxes, (hard-drive) video recorders, gaming consoles and mobile phones. This shall also include the reproduction, distribution, transmission, public broadcast, publication or other comparable uses of the content transmitted as part of the sevenload services or by means of the video player on its partner sites. sevenload shall be entitled to integrate the multimedia content with partner sites using the sevenload player. The user can revoke such license at any time by deleting the content.

6. Availability and Liability

sevenload does not provide any guarantee or warranty with respect to the availability of the sevenload platform and services. In particular, sevenload shall not accept any liability for defects that are beyond the control of sevenload, such as force majeure or negligence of a third party, that are caused by external factors, errors in operation or changes, additions, installations, removals, attempts at repair or other manipulations not carried out by sevenload. sevenload may limit access to its services inasmuch as such limitation is required for the purposes of ensuring the reliability of network operations, the maintenance of network integrity, particularly the prevention of serious disruptions of the network, the software or stored data.

In addition, sevenload shall not be liable for the display of multimedia content, that is, of images and videos, on the sevenload platform. The user may report any defects encountered to sevenload support in writing, by documenting, if possible, any error messages that may have been displayed.

sevenload shall be liable only for damage caused by breach of contract due to wilful or gross negligence. This shall apply, accordingly, to breaches of preliminary and ancillary contractual duties as well as to damage or consequential damage due to defects. As for minor negligence, sevenload shall be liable only for breach of substantial contractual duties ("cardinal obligations") to such extent as such damage was foreseeable. In addition, sevenload shall be liable for damage under the Product Liability Act as well as for damages in connection with injury to life, limb or body. sevenload’s defence of the user’s contributory negligence shall remain intact. The aforementioned liability limitations shall also apply to breaches of obligations by legal agents or vicarious agents of sevenload.

sevenload distances itself in express terms from the content of all pages to which direct or indirect reference (also known as “links”) is made from within the services and platform of sevenload. sevenload shall not be liable for such content and pages whatsoever. Only the providers of such pages shall be liable for the content of such pages.

7. Data Protection

All personal user data are handled by sevenload in strict confidence according to statutory provisions; during the term of the agreement, the data will only be collected, processed and used for the purposes of executing the agreement, unless the user expressly consents to other uses. The data are collected, used and processed electronically. A separate Privacy Statement, to explain the issues relating to data protection, has been attached hereto. The user shall hereby acknowledge such Privacy Statement.

8. General Provisions

These terms and conditions of use (“User Agreement”) and all the legal relations between the user/member and sevenload shall be subject to the laws of the Federal Republic of Germany to the exclusion of German conflict-of-laws provisions. Should individual provisions hereof be or become void or incomplete, the validity of the remaining provisions hereof shall in no way be affected. Such void or incomplete provision shall be replaced or amended by a relative provision that most closely reflects the original economic purpose and spirit of such void or incomplete provision. Jurisdiction over any disputes arising in connection with sevenload shall lie with the courts in Cologne, Germany, to such extent as is permitted under law.