Terms of Service

To read the Privacy Rules, please click here.

General terms and conditions incl right for revocation
Status: the 20th of October 2015


I. Object

These General Terms and Conditions – hereinafter called GTC – regulate the contractual relationship between the user

and the Open Mind Communication UG (company with limited liability) HRB156368B, District Court Charlottenburg, Oldenburger Str. 6,10551 represented by the CEO Marco Hamacher, located ibid.,
- hereinafter called OMC-

it applies to the use of the Shooting.Network services, regardless of which: Shooting.Network websites or applications.
General Terms of the user are hereby excluded.

Shooting.Network refers further to all the services titled ‘Shooting.Network’ offered by the Open Mind Communication UG (company with limited liability) on its main domain http://Shooting.Network and subdomains. It applies also to mobile websites, Apps and included third parties, so called e.g. iFrames.


II. Services of OMC, goals and structure of Shooting.Network

Shooting.Network is a service the goal of which is to connect and support photographers, photo models and others involved in preparations of photography projects.

Shooting.Network offers to the companies an interesting audience to present themselves.

Therefore, Shooting.Network uses different applications, particularly Social Network which allows the Users to communicate in real-time. Shooting.Network provides the members with contact and communication forums as well as event platforms, hereinafter called ‘Social Network’.


The Network is accessible for photographers, models, make-up and hair stylists, fashion designers, digital artists and other people and companies participating in photography projects. ;.


Those are hereinafter called the Users. The responsibility of defining who is allowed to use Shooting.Network rests with Shooting.Network only. For these purposes the User can acquire a membership card.


1. Profile sites und Pages

The personal profiles of the Users are the core elements.
The profile sites must be visible and illustrate a natural person. The User can restrict the visibility of the profile in the settings.

Sites of e.g. companies, photography studios, training institutions or other organisations, hereinafter called Pages, also need to have, as foundation, a personal profile of administrator.

The administrators must be visible on the Pages.


2. Objects of contract and foundations for using Shooting.Network

The User must have at least free account registered, hereinafter called ‘Free Account’.

By registering paid account, hereinafter called ‘Paid Account’ the User can acquire additional functions.

Both free and paid accounts hereinafter will be referred to as membership.


3. Networking

In order to support network and thematic exchange among the members, Shooting.Network provides the Users with offers, recommendations and services based on collected data.
Shooting.Network supports the interaction of the Users and the global cooperation in the field of media. The support is determined by the privacy settings and the User’s declaration of consent.


III. Contract conclusion


a. General

After the registration process the User presents the offer of the contract conclusion. Only after OMC accepts appropriate services on Shooting.Network, the contract can be finalized.
The OMC is not obliged to conclude the contract.

In case of using the paid services the Users accepts all the relevant and specified payments by clicking on the confirmation button.

Within Shooting.Network, OMC can offer its Users additional free or paid services from the third parties. Thereby the contracts come about between the Users and the third parties. This concerns mainly the correlation with other Social Media Platforms. Changes in the links (APIs), GTC, settings or the availability of third-party services are not part of the contract between the User and Shooting.Network. The additional services of the third parties are regulated by the terms and conditions and data protection declaration of the respective third parties which themselves are the contract and contacts partner with the User.

If in case when it is not contrary to particular regulations on the duration and expiry date of applications or Shooting.Network membership, the contractual relationship can be finished by both sides at any time.


b. Free Account – basic use relation


The User can choose among Free Account and various paid versions. The Free Account offers basic functions of Shooting.Network. The basic functions can be extended by registering a Paid Account. The user and OMC can abrogate the membership at any time without giving reasons. In order to protect the User against unauthorized deletion of their profile, the OMC can carry out an identity statement, e. g. , by asking for the User name and registered e-mail address. Once deleted account cannot be restored on Shooting.Network.


c. Paid Account

Paid Account extends the basic functions of the Free Account.

They vary in terms of duration and additional services. The details are to be found in the scale of charges.

The contract duration booked by the User determines the date of expiry. In case of subscription, the contract is prolonged for the same or agreed duration if not ended early enough by the User. With single payment (for example, for jobs) the contract expires within the defined period.

The user and OMC can end the membership without giving reasons not later than three (3) weeks before the expiry date notified in the registration process as well as prevent the lengthening of contract by resigning via contact form, letter, fax or e-mail.

After closing the Paid Account by the User or OMC, the free membership is preserved to the user up to its expiry date. Nevertheless, the additional and extended functions of the Paid Account are lost. If by using the setting the User closes the Account, the next lengthening of the contract will not take place. The membership fees are not refundable. The restoration of the data by OMC on Shooting.Network is not possible.


d. Contracts among the Users

In case when the Users of Shooting.Network conclude contract among themselves, OMC is not involved and takes no responsibility. OMC is not a partner in such contracts.
The Users are responsible for execution and fulfilment of these contracts and OMC is not liable for not complying with the terms of agreements among the Users.


IV.) Responsibility and rights for the Users content


1. Responsibility of the Users

According to the contract, the User is responsible for the content they place on the platform.
It ensures that the content is not illegal, does not breach the rights of the third parties, particularly personal rights, data protection rights, copyrights or trademark rights and controls that the consent declaration concerning the use by OMC within Shooting.Network is granted.


2. Condition subsequent

The contract between the User and OMC is a subject to condition subsequent when the User informs OMC and proves their rights being breached.

3. Content control and transfer of the usage rights

OMC is not obliged to control if the content breaches the third parties’ rights or is illegal. Although the User gives OMC the unlimited right to use the content, OMC is not liable for it.


4. Indemnification

In case when OMC is accused of breaching the rights of the third parties or other institutions because of the content on the platform, the User responsible for this content takes full liability and frees OMC from the responsibility, provides the support as well as legal defence and covers all the costs.

The condition is that OMC informs the User (email sufficient) immediately about the charges of rights violation. At the same time OMC does not give any concessions, acknowledgements or declarations that could enable the User to use it as a defence in judicial or extrajudicial cases. The right to assert further claims remain reserved.

The obligation of the User to pay the reimbursement is unchanged.


V.) Rights of Shooting.Network


OMC has all the rights concerning the content of the websites and database. All copyrights, trademarks and other intellectual property rights to the database works, the database and the pre-set content, data and other elements belong exclusively to OMC. All rights of the User to the content posted by him shall remain unaffected.
The User is allowed to use the online search mask provided by OMC exclusively to make the data records visible on their screen or to print them in order o make them permanent. It is not permitted to use the automatic queries through scripts or bypass the search mask by using other search engines or similar means.

The User is not allowed to use the obtained data fully as well as partially in order to create their own database in any media form and / or to manage the data commercially, to provide the information and / or for any other commercial purposes. It is not allowed to link, integrate or connect the database or single parts of it with other databases or meta-databases.


VI.) General obligation of the User and specific regulations for using Shooting.Network


1. The User’s obligations,

  • To make only true and not misleading statements as well as to use their real name;
  • Pseudonyms or artist’s names can be placed only in the ‘Nickname‘ field or

when special arrangements on the User’s protection have been worked out with
Shooting.Network;

  • The foundation for using Shooting.Network is to be at legal age according to the German law, which is 18 years old
  • As far as the profile picture within the Social Networks is concerned, it should be one in which the User is clearly recognisable. The User guarantees that the profile picture published on Shooting.Network is in accordance with the law and copyrights;
  • It is not allowed to use as a profile picture photos or images of others or non-existent people as well as other beings (animals, fantasy characters, comics, etc.) or Logos;
  • All the legal norms and the rights of the third parties must be respected when using Shooting.Network or the content of Shooting.Network websites; or
  • In case when the User acts on behalf of a juristic person, they guarantee being permitted to do so. When questioned by Shooting.Network, the User is obliged to present the mandate.

OMC is trying to verify the Users within Shooting.Network, though due to the technical reasons it cannot be fully ensuring. Therefore OMC cannot guarantee that the User is the one they act to be. OMC takes no responsibility for the authenticity of the User.


2. The following is not allowed for the User:

  • Posting any offensive or libellous content regardless whom it concerns: other Users, OMC and their employees, other people or companies;
  • Posting any content which is pornographic, glorifying violence, abusive, indecent or against Youth Protection Act;
  • Advertising, offering and / or distributing any items or services which are pornographic, glorifying violence, abusive, indecent or against Youth Protection Act;
  • Bothering or harassing other Users, particularly with Spam

(cf. § 7 Act Against Unfair Competition);

  • Using the content which is protected by law (e.g. copyright, trademark law, patent law, design rights or utility patent law) advertising, offering and / or distributing

protected by law items or services without permission;

  • Undertaking or supporting the anti-competitive practices, including progressive

customer canvassing (such as chain, snowball or pyramid systems);

  • The following practices, even when not against specific law, are forbidden: sending chain letters; Performing, advertising and promoting any form of structural distribution measures (such as multi-level marketing or multi-level network marketing); or
  • Communicating in an offensive or with sexual emphasis way (explicit or implicit).

The User can use, promote and distribute provided interface through OMC within
Shooting.Network. Any other use of mechanisms, software or scripts in connection with the usage of Shooting.Network is not allowed. Direct or indirect promoting or distributing
of such mechanisms, software or scripts is also forbidden.

It is forbidden:

  • Any action which is able to destroy or disturb the functionality or the infrastructure of the network. It concerns especially excessive overloading the network and connected server;
  • Blocking, overwriting, modifying or copying as far as it is not required for the proper use of Shooting.Network; or
  • Distributing and publishing the content of Shooting.Network or other Users when it is not included within Shooting.Network or when the other Users did not give the permission.

 

On the basis of these reasons OMC has a right to delete from Shooting.Network data
and / or information irreversibly without advance noticing the User.


3. Security

It is necessary to create password when registering with Shooting.Network and then keep it in secrecy. OMC will no pass this password to any third parties. Apart from the log in procedure, the User will never be asked for the password.

Every User can have only one profile. The User cannot allow the third parties to use the User’s profile.

Due to the safety reasons the User will be advised to change their password at regular intervals.
The responsibility for the safety and safekeeping of the login data to Shooting.Network (Username and password) rests exclusively on the User.


VII.) Termination or blocking for good cause

Even in case of special regulations regarding duration and termination, both sides are entitled to terminate the contract immediately at any time when having good cause.
Extraordinary termination for good cause is defined as a situation which makes it unacceptable for the terminating party to continue the agreement until the end of the termination period, taking into account all circumstances of the individual case and weighing up the interests of both sides.

OMC views all the following as good causes:

  • Violation of the legal regulations by the User;
  • Violation of the contractual obligations by the User;
  • The image of OMC and is services is strongly affected by the presence of the User;
  • The User promotes associations or societies – or their methods or activities which are monitored by security and Youth Protection Authorities;
  • The User harms one or many other Users;
  • The User makes pressure on or threatens one or many other Users; or
  • The User is a member of a sect or controversial in Germany religious group or political organisation.

When there is one of the above causes, OMC is entitled, apart from termination, to impose the following sanctions within the platform of Shooting.Network without comment:

  • Deleting the content the User has posted;
  • Blocking the access to Shooting.Network websites; or
  • Warning.

The User's right to claim refund of any advance payments upon termination are excluded unless the user has terminated the agreement for good cause accepted by OMC within
Shooting.Network. Further claims of OMC towards the User remain untouched.

In the following cases, the user is not entitled to claim refund of any advance payments:

  • OMC terminates the contract for the above mentioned good causes, or
  • OMC blocks the access of the User due to above mentioned reasons.

VIII.) Payment Terms


1. General

OMC provides on Shooting.Network various payment methods from third parties. The payment transactions are the subject to the terms and conditions of the third parties.


2. Payment time, costs and delay

The charges for Paid Accounts, Pages and other paid offers must be covered immediately after receiving the invoice for the whole duration.

If OMC is unable to collect fees from the User’s account due to lack of funds, the User bears all the costs arising for OMC, including bank charges related to any debit entries or similar charges, the User is responsible for the situation that triggers these costs.

OMC sends invoices and reminds about payments only via email. Please note: 30 days after receiving invoice and payment date the delay takes place and no payment reminder is necessary.

OMC and the third parties have right to switch the invoice from Euro into respective local currency of the User at any time.

OMC reserves the right to reasonably increase the fees charged for Paid Account with effect from the start of renewal period, either after the initial term or the respective current renewal period.

There can be maximum one increase of the fees per one calendar year. In this case OMC will inform the User at least six (6) weeks before the end of initial term or respectively during current renewal period. If the User does not agree with this increase, they may object to the validity of the increase within three (3) weeks of notification via the contact form, letter, fax or e-mail. The user’s objection cancels their Paid Account, which means that the membership will expire at the end of the initial term or respective current renewal period.


3. Modification of the User’s data by OMC on Shooting.Network

In case when the administrators of Shooting.Network modify manually the User’s data on the behalf of the User, OMC reserves the right to add to the User’s invoice all the relevant costs, insofar as the User is responsible for the situation that triggers these costs.


IX.) Modifications of the services or of GTC


1. Modifications of the services

OMC reserves the right to modify the services within the Shooting.Network or to offer different services, unless this is unreasonable for the user.

OMC furthermore reserves the right to modify the services within the Shooting.Network or to offer different services,

  • As far as OMC acts according to court or authorities decision on Shooting.Network;
  • Insofar as OMC is obliged to adjust the offered on Shooting.Network services to the applicable law, especially when the prevailing legal situation is being changed;
  • When the modifications are strictly technical or procedural and have no major effect on the User;
  • As far as the modifications are necessary to eliminate current security flaws; or
  • When the modifications are merely beneficial for the User.

 

Modifications with merely insignificant effect on the functions of Shooting.Network are not regarded as modifications of the services according to above mentioned points. These particularly concern the changes in the graphic or in the order of the functions.


2. Modifications of GTC

OMC reserves the right to modify GTC at any time without giving the reasons, unless it is unreasonable for the User.

OMC informs the User about the changes in GTC in proper time via email address given by the User. If the User does not object to the new GTC within six (6) weeks after being informed, the User automatically agrees to the modified GTC.

OMC furthermore reserves the right to modify GTC,

  • When the modifications are merely beneficial for the User;
  • Insofar as OMC is obliged to adjust the current TAC of Shooting.Network to the applicable law, especially when the prevailing legal situation is being changed;
  • As far as OMC acts according to court or authorities decision on OMC
  • When the modifications are strictly technical or procedural and have no major effect on the User;
  • Insofar as OMC introduces additional, totally new services and service elements which need to be described in TAC, unless the changes in the contractual relationship are unfavourable.

OMC will inform the User via email about their objection rights and about the period within which they are entitled to object.


X.) Disclaimer of warranties and responsibility of OMC for the User’s content, data and / or information; availability


1. Disclaimer of warranties

OMC takes no responsibility and disclaims all the warranties for the content, data and / or the information as well as the content of the external websites posted by the User on
Shooting.Network. It concerns the external content in accordance with § 8 section 1 German Telemedia Act (TMG).

OMC does not guarantee that the content is true, has or serves any particular purpose

When the User notices a violation of law or contract (including the usage of pseudonyms or fake identifications), it is recommended that they report it to Shooting.Network via special button or inform Shooting.Network in any other possible way.

OMC is not obliged to prevent third parties, especially search engines, from saving data or content that is or was publicly available in accordance with the GTC, data protection regulations or the User settings.

Shooting.Network administrators and moderatos are able to but not willing to control the free exchange among the Users of Shooting.Network, which concerns also the forums. It does not refer to the groups or other activities which are moderated by OMC or violate the above mentioned regulations.


2. Availability of the services through Shooting.Network

The User is aware that hundred percent availability of Shooting.Network is technically not possible, even when Shooting.Network tries to keep the offered websites and services constantly available. Issues concerning particularly maintenance, security or capacity as well as situations beyond the control of Shooting.Network (e.g. interruptions in the public communication network or power cut) can lead to the disturbances or temporary interruptions in the availability of the services.


XI.) Liability of OMC

OMC takes full legal responsibility for the damages on life, body or health caused by violation of duty by OMC, law representative or the agent of OMC as well as for the damages caused by lack of guaranteed quality or malicious behaviour of OMC. Furthermore, OMC is entirely liable for all the damages caused by OMC, its legal representative or agent due to deliberate actions or gross negligence.

Liability under the Product Liability Act remains unaffected.

Concerning the damages caused by slight negligence, except for the cases mentioned above, extend of liability should be limited to typically contractual foreseeable damages. Cardinal contractual obligations are an abstract description of those whose fulfilment is indispensable for the proper implementation of an agreement and on whose fulfilment the contracting parties can usually rely. Any other liability on the part of OMC is excluded.


XII.) Data protection

Personal data is collected, processed and/or used only when the user grants consent or if it is permitted by law, see the data protection regulations.

The usage of personal data based on the legal consent takes place mainly while fulfilling the contractual obligations of OMC towards the Users.

Shooting.Network offers the user a wide range of customised functions (e.g. Shooting.Network provides the User with information, offers, recommendations and services based on collected data and promotes interaction within the User’s network). In order to generate these services, OMC needs to process and use the User’s personal data.

Shooting.Network enables the Users to send their personal data, in whole or in part, to the other Users, or to prevent others from viewing their data. Sending such data is the user’s own risk.


XIII.) Applicable law, place of jurisdiction and miscellaneous

OMC is allowed to engage sub-contractors, but remains responsible for fulfilling its obligations.
OMC is entitled to transfer rights and obligations to third parties, in whole or in part.

OMC may send declarations to the User via e-mail, fax or letter, provided that it is not governed differently by GTC. OMC may also send the declarations via The User’s personal OMC inbox which is part of the service.


Shooting.Network is a project of
Open Mind Communication UG (company with limited liability)
Oldenburger Str. 6
10551 Berlin


Place of performance is the place of business of Open Mind Communication UG (company with limited liability).

Place of jurisdiction for merchants within the scope of the German Commercial Code (HGB) shall be the main place of business of Open Mind Communication UG (company with limited liability), Place of jurisdiction is Berlin, Germany.

These GTC are governed by the German law, excluding international private law and the provisions of the United Nations Convention on Contracts for the International Sale of Goods that have been adopted by the German law.

In case of any doubts on the legal interpretation the German version of GTC is applicable.

The communication with Shooting.Network can take place in German or English language.
In other cases the processing cannot be guaranteed.


XIV.) The User’s right for revocation

The User agrees that OMC begins performance of the service before the end of the revocation period.
The User has right to revoke the contract without giving reasons within fourteen days.
The revocation period is fourteen (14) days from the contract conclusion.

In order to execute the revocation, the User must inform OMC with precise notification in German or English (e.g. a post letter, fax, e-mail or available at the footer of the website contact form) about revocation of the contract.


Open Mind Communication UG (company with limited liability)
Oldenburger Str. 6
10551 Berlin
Tel +49 (0) 30 42096877
Fax +49 (0) 30 67511311
E-Mail: admin@shooting.network


The User can also use the revocation form. The revocation form is a provided service, not an obligatory tool. To maintain the period for revocation, it is sufficient to send the notification before the end of this revocation period.


Consequences of revocation

When the User revokes the contract, OMC must return all the payments taken from the User, including delivery costs (except for the additional costs caused by the by choosing by the User another than offered by OMC way of delivery). The refund must take place immediately, not later than fourteen (14) days after receiving by OMC information on the User’ revocation.

By the repayment OMC uses the same method as in the original transaction, unless discussed differently with the User. For this operation OMC will not charge any costs.

If the User requires that the service begins during the revocation period, they must pay to Shooting.Network relevant sum corresponding to the time when they informed OMC about the execution of the revocation right and compared with the total volume of services foreseen in the contract.


Reference to the early expiry of the revocation right

Do you require that the services to begin during the withdrawal period, so you have to pay OMC a reasonable amount corresponding to the proportion of up to the time at which you inform us of the right of withdrawal with respect to this contract, services rendered equivalent compared with the full coverage provided for in the contract services.