Terms and conditions

Last update: 27.09.2018

1. General

1.1 Short description Dynamic Video

Dynamic Video is a software for easy personalization and individualization of videos. Our Dynamic Video software uses data sets to customize videos. The data is transmitted by a customer of Picture Framing David Knöbl und Neele de Vries GbR (hereinafter referred to as Picture Framing) or by a natural person himself. The films (hereinafter referred to as dynamic videos) are created on the Picture Framing server using the Dynamic Video software. For this purpose Picture Framing uses the data sets and film templates of Picture Framing customers and supplements them with its own effects, video and image files.

1.2 Scope of application

  • These General Terms and Conditions (hereinafter referred to as “GTC”) in the version valid at the time the contract is concluded regulate the temporary provision of the Dynamic Video software. These GTC including their appendices together with the individual offer to the customer and order data of the customer form the contract.
  • The customer can choose between different Dynamic Video options when concluding the contract. The parameters valid for this, such as scope of services, amount of the usage fee, duration of the subscription, are communicated to the customer in writing in the offer.
  • Other oral ancillary agreements are hereby expressly excluded. Deviating terms and conditions or terms and conditions of the customer that conflict with these General Terms and Conditions shall not apply. Even if Picture Framing does not expressly contradict the customer’s terms and conditions, conflicting terms and conditions of the customer shall not apply. Individual written agreements between the Customer and Picture Framing may supplement these General Terms and Conditions.

1.3 Contractual partner/person responsible

All contracts are concluded with Picture Framing David Knöbl and Neele de Vries GbR, shareholders: David Knoebl and Neele de Vries, Gartenstraße 2b, 87471 Durach, telephone: 01578 4439495, e-mail: info@picture-framing.de

1.4 Delivery area and customer base

The Picture Framing offer is available worldwide. The software is only available to commercial customers.

1.5 Minors

The Picture Framing offer is not available to minors.

2. responsibility for content, rights of third parties

2.1 Rights to content contributed

2.1.1 Rights to picture and sound

The videos or other files transmitted by the customers must not violate the rights of third parties. This applies in particular, but not conclusively, to copyrights and ancillary copyrights as well as industrial property rights (e.g. trademark, design patent, utility model or patent rights) of third parties.

To ensure the guarantee of these rights, you assure Picture Framing that you will carefully check the contents you have uploaded/transmitted to the Picture Framing server/to Picture Framing for possible infringements before uploading them.

2.1.2 Rights to picture and sound

2.2 Personality rights

You undertake to protect the personal rights and in particular the reproduction rights of third parties in the videos transmitted by you. Picture Framing draws your attention to the fact that the depiction of third parties is only permitted with their written consent.

2.3 Film production rights

For the purpose of creating and adapting your videos, you non-exclusively transfer to Picture Framing all copyrights and ancillary copyrights to the content you have contributed that are necessary to combine this content into a video and to store and manage both the content individually and the completed videos.

2.4 Illegal content

You undertake not to create videos with content that violates applicable law, in particular youth protection and penal regulations.

2.5 Indemnification for violations of the law

You are responsible for ensuring that no rights of third parties are infringed by the content you provide. Accordingly, you are solely responsible for any claims asserted by third parties with regard to the infringement of third-party copyrights, etc., and you hereby undertake to indemnify Picture Framing against any claims asserted upon first request, i.e. you also undertake to reimburse Picture Framing for all costs of any kind – in particular the costs of legal defence and defence against claims – as well as all damages incurred.

3. rights of the customer/the user

3.1 Rights of use of the customer

You are entitled to use all videos created with Dynamic Video for both commercial and non-commercial purposes for an unlimited period of time and location, subject to the following terms and conditions.

3.2 No right to edit

You can only use your videos as they were created by Dynamic Video.

You may not shorten, dub, edit, or otherwise alter a completed video, or use the content Picture Framing has contributed independently of the completed video. In case you wish to change the template for your dynamic videos, you have the possibility to order further dynamic videos from Picture Framing.

3.3 Affected party rights Data processing

According to art. 15 DSGVO you have the right to know whether Picture Framing processes your personal data. If this is the case, you also have a right to information about the circumstances of the data processing.

Pursuant to Art. 16 DSGVO, you have the right to demand that the person responsible immediately notify you of any incorrect personal data concerning you. You also have the right to request the completion of incomplete personal data.

According to Art. 17 DSGVO, you have the right to have your data deleted if they may no longer be stored. This is always the case if the necessity of the data processing is no longer given due to the achievement of the purpose or the omission of the purpose.

According to Art. 20 DSGVO, under certain conditions you have the right to receive a copy of your personal data in a common and machine-readable file format.

According to Art. 21 DSGVO, you may, for reasons arising from your particular situation, exercise a right of objection against the processing of your data which is in itself lawful. If the data processing is in the legitimate interest of the data controller, these data may only be processed if compelling legitimate reasons for the processing can be proven.

The DSGVO also applies to all other points.

4. acceptance, binding order and warranty

4.1 Acceptance deadlines

After deploying Dynamic Video software, you have the ability to perform a correction loop within 7 business days. This includes editing changes to dynamic videos created with Dynamic Video at no extra cost and with a 10 business day turnaround time from contacting Picture Framing. Be sure to thoroughly review all aspects of dynamic video created with Dynamic Video. By the end of the 7 business day deadline for notification of editing changes, you have approved the content and functionality of the dynamic videos. Later modification or correction of content or exchange of content is no longer possible without a surcharge.

4.2 Warranty for external content

Picture Framing is not responsible for contents that originate from third parties. However, Picture Framing naturally complies with the statutory auditing obligations.

5. collection, processing and use of personal data

5.1 Personal data, data processing

In order to set up your user account, you must provide accurate and complete information. You are responsible for keeping your information up to date so that it is accurate and complete. You agree that Picture Framing may process and use your submitted credentials to provide you with the Project Manager and Dynamic Video Analytics and to charge you for the use of Dynamic Video.

5.2 Processing Purposes

Provision of this online service. (Legal basis: Vertragserfüllung)

5.3 Transfer of data to third parties

5.3.1 Disclosure of data to third parties; service providers

Your personal data will only be passed on to third parties by us if this is necessary to fulfil the contract, if we or the third party have a justified interest in passing it on or if you have consented to this. If data is transferred to third parties on the basis of a legitimate interest, this is explained in these data protection provisions.

In addition, data may be transferred to third parties insofar as we are obliged to do so by law or by enforceable official or court order.

5.3.2 Service providers

We reserve the right to use service providers for the collection or processing of data. Service providers receive from us only the personal data they require for their specific activities. For example, your e-mail address can be passed on to a service provider so that he can deliver an ordered newsletter to you. Service providers can also be commissioned to provide server capacity. As a rule, service providers are integrated as so-called contract processors who may only process the personal data of the users of this online service in accordance with our instructions.

5.4 Duration of storage; storage periods

We store your data for as long as it is necessary for the provision of our online service and the associated services or we have a legitimate interest in further storage. In all other cases, we will delete your personal data with the exception of data that we must retain for contractual or legal (e.g. tax or commercial) retention periods (e.g. invoices). Contractual retention periods may also result from contracts with third parties (e.g. holders of copyrights and ancillary copyrights).

Data subject to a retention period will be blocked until the expiry of the retention period.

5.5 Type and function of user account “Project Manager” or “Dynamic Video Analytics”

In order to use the Dynamic Video software, Picture Framing creates a user account for you (called Project Manager or Dynamic Video Analytics).

The Project Manager or Dynamic Video Analytics displays all data about your project. This data refers to the use of the Dynamic Video software.

The data may include

    • the term of your subscription that entitles you to use Dynamic Video.

the term of your subscription that entitles you to use Dynamic Video.

  • the dynamic videos created in the current year by Dynamic Video (number).

5.6 Security of the user account / Responsibility

Picture Framing assigns you a username and password for the project manager or Dynamic Video Analytics at the beginning of your runtime. You agree to change the given password immediately and to keep the new password for your user account secure and secret. If you become aware of a violation of security precautions or unauthorized use of your user account, you are obliged to inform Picture Framing immediately. You are liable for any misuse that is made using your account information or your account if you are responsible for this misuse, in particular if you have violated your existing duties of care. You shall be liable for any misuse made of your account information or your account if you are responsible for such misuse, in particular if you have breached your existing duties of care.

6. terms of payment

6.1 Payment model

Dynamic video is a monthly service. Your invoice will be automatically sent each month on the day of the month you started using Dynamic Video. The invoice is sent as an email attachment and is encrypted using TLS encryption. If your invoice date falls on a day that does not occur in a particular month, you will receive the invoice on the last day of that month instead.

6.2 Payment methods

Payment will be made after receipt of the invoice by bank transfer. The invoice amount is to be transferred within 14 days.

6.3 Default in payment

If you are in default of payment, interest shall be charged on the sum owed during the default in accordance with the statutory provisions. Picture Framing reserves the right to prove and assert a higher damage caused by default.

6.4 Set-off

You are only entitled to a right of set-off if your counterclaims are legally established in court or acknowledged in writing by Picture Framing.

6.5 Value added tax

According to § 19 Abs. 1 sales tax law no sales tax is raised.

7. warranty, limitations of liability

7.1 Operation of Dynamic Video

Picture Framing does not guarantee that the Internet service will be kept in continuous operation. Dynamic Video may be shut down at short notice due to maintenance work, for example. Picture Framing reserves the right not to offer the services offered via the website or the software made available or individual contents temporarily or permanently without prior notice. This occurs in particular after expiration of the subscription. This applies both to individual parts of the Website and to the Website as a whole.

Errors that affect the operation of Dynamic Video and its services may occur. Picture Framing will endeavour to correct such errors quickly, but cannot guarantee this in all cases. In particular, if errors occur with service providers used by Picture Framing.

7.2 Loss of data

You should make backup copies of all content and videos you have uploaded.

7.3 Liability

Picture Framing is liable for damages resulting from injury to life, body or health in accordance with the statutory provisions insofar as the damages are attributable to Picture Framing. Picture Framing is liable for damages caused in any other way in case of intent and gross negligence, also on the part of its vicarious agents, also in accordance with the statutory provisions. Picture Framing and its vicarious agents shall only be liable for material damage and financial loss caused by slight negligence in the event of a breach of an essential contractual obligation (such as the fulfilment of which characterises the contract and on which the Customer may rely), however limited in amount to the foreseeable, direct and contract-typical damage at the time of conclusion of the contract, provided that no major damage can be proven.

The provisions of the Product Liability Act shall remain unaffected.

7.4 Statute of Limitations

All claims for damages shall expire at the latest three years after the date of the breach of duty giving rise to the claim. This shall not apply in the event that the statutory provision provides for an earlier date of limitation. The above limitation relief shall not apply in the event of intent or gross negligence.

8. final provisions

8.1 Choice of law, jurisdiction agreement

The law of the Federal Republic of Germany shall apply. The validity of UN sales law is excluded. Kempten shall be agreed as the place of performance and exclusive place of jurisdiction.

8.2 Severability clause

Should individual provisions of these GTC be ineffective or unenforceable, these GTC shall otherwise remain unaffected.