GENERAL TERMS AND CONDITIONS
1. General Terms and Validity
1.1 cherrydeck.com is a service of Cherrydeck GmbH, Axel Springer Platz 3, 20355 Hamburg, Germany. These general terms and conditions are valid for all business relationships between Cherrydeck GmbH and its customers.
1.2 The use of the Web site 'cherrydeck.com' is oriented around commercial photography. cherrydeck.com allows photographers to write and publish classified advertisements on the Internet platform 'cherrydeck.com.' Users have access to their individual accounts via a their Instagram login credentials and the Instagram API.
1.3 cherrydeck.com is authorized to change the scope of its services and the conditions of use or to cease providing the service following prior notice. In these cases, users have the right to terminate any agreement with 4Folio GmbH in writing up to 14 days after the change takes place.
2. Offer and Conclusion of Contract
2.1 The services offered by cherrydeck.com will be continually maintained and further developed.
2.2 The services of cherrydeck.com are subject to change insofar as the documents, pictures and performance figures accompanying the services are not designated as binding. Declarations of acceptance require confirmation from 4Folio GmbH in order to be effective.
2.3 By sending in the application, the user authorizes cherrydeck.com to generate an individual account for commercial use within the scope of the general terms and conditions of cherrydeck.com. If there are fees, they are based on the current price oncherrydeck.com.
3. Registration and User Profile
3.1 Each user receives an account and user ID at cherrydeck.com when signing up via the Instagram API. Sharing an individual account or allowing it to be used by third parties is not permitted.
3.2 Registration by the user through the Instagram API is a prerequisite for using cherrydeck.com. The user declares their consent to the computer-supported storage of the information in the customer profile upon registering. Content provided through the Instagram API belongs to the user and is used only with the users permission. The user will receive an individual account with storage space on a cherrydeck.com server for commercial use after registration.
3.3 The user is obligated to provide the information requested by cherrydeck.com during registration in a complete and accurate form, and this information is to be updated in the event of changes.
3.4 Over the course of registration, the user must define a clear combination of user name and password access information and provide an e-mail address. The user consents to the transmission of their access information via e-mail for confirmation after registering.
3.5 The user must keep the access information confidential. The provision of this information to third parties is not permitted.
3.6 cherrydeck.com is authorized to delete inactive accounts that have not been used for a period of longer than one year after being notified once in advance.
4. Storage Space, Copyright, and Illegal Content
4.1 User data is stored on a server operated by cherrydeck.com or one of its stated service providers or user data is stored by content providers integrated by cherrydeck.com
4.2 All functions and restrictions implemented by cherrydeck.com may not be circumvented or interfered with. A violation of this regulation may result in the deletion of the corresponding user account without notice or in legal action initiated by cherrydeck.com.
4.3 No user may violate legal prohibitions, common decency, or the rights of third parties, especially personality rights, name rights, trademarks, or copyrights over the course of their use of the Internet platform cherrydeck.com. The customer is personally responsible for compliance with the above conditions. cherrydeck.com will not tolerate any violation of applicable law or any form of abuse and/or the distribution of illegal content and will act to stop such activities upon becoming aware of them. cherrydeck.com is not obligated and not able to comprehensively investigate the legality of all content stored by the users, but it reserves the right to investigation and deletion, if necessary, in all cases.
5. Costs and Modes of Payment
5.1 A basic Portfolio on Cherrydeck is free of charge and payments. Cherrydeck will never send you any invoices for a basic Portfolio or charge you in any kind of way, unless you have authorised a payment through the checkout.
5.2 The activation of a premium account, which allows access to additional features ("Full Membership"), may require the payment of an annual or quarterly fee as listed on www.cherrydeck.com/upgrade. If a fee is required for a Full Membership or any other service, it will be clearly stated on www.cherrydeck.com/checkout before a user is charged. A user will actively have to authorise one-time and recurring billings once starting our 14 Day Free Trial, by entering their billing data, such as credit card details or similar, and actively selecting to proceed in the checkout. Charges are made once the 14 Day Free Trial ends, after exactly 14 days (336 hours), and might be recurring regularly, based on the users preferences chosen on www.cherrydeck.com/checkout. Additional charges may occur if payment collection from a customers payment method fails. These payments may be collected by third party services, after at least two written warnings. Full Memberships that are cancelled up to seven days after activation or renewals can be refunded for a handling fee and transaction reverse charge of €20 (when quarterly billing is chosen) or €40 (when annual billing is chosen). Discounted rates are non-refundable.
5.3 The use of the Internet platform cherrydeck.com itself is free of charge. Excluded from this are the usual costs for the Internet connection, over which cherrydeck.com has no control.
6. End and/or Termination of Use
6.1 The contractual relationship exists for an unspecified period of time. The usage of cherrydeck.com can otherwise be ended by the user without having to provide a reason at any time via email to team (at) cherrydeck (dot) com, or, in case of a premium membership, by choosing to downgrade the profile to a Free Plan. In case of a downgrade, the Premium membership is available until the full billing period on the invoice is over.
6.2 The right to extraordinary termination remains unaffected. A reason for an extraordinary termination by cherrydeck.com and the exclusion of the user exists if the user has violated or circumvented the regulations in sections 3, 4 and 5, if the user has rendered services using false information in the customer profile, or if a users access data has been used by a third party without permission, or if a user uses general information available on cherrydeck.com, to get in touch with third party individuals, such as clients, who do not share their contact information on cherrydeck.com.
6.3 Without prejudice to Section 6.2, cherrydeck.com can temporarily block users and prevent them from placing further content or oders for as long as the user in question is violating the provisions of the general terms and conditions, for as long as the customer cannot be reached at the address provided, or for as long as certain facts support provide suspicion of abuse of the services provided by cherrydeck.com, especially those regarding copyright violations.
7. Advertising and Content
7.1 Content provided by the User on cherrydeck.com may be used for advertising purposes on cherrydeck.com and their managed advertising channels, for enabling specific users to gain more internet traffic. Specifically, content may be used for promotions, newsletters, blogs, social media campaigns, digital advertising of all sorts, location based digital advertising, or any other campaign which is intended to create traffic for a specific user.
7.2 User Content may not be used by 4Folio GmbH or cherrydeck.com for and type of out of home campaigns, direct offline advertising, print advertising or any other type of offline activity.
Due to technical reasons, cherrydeck.com cannot provide any guarantees regarding availability via e-mail or accessibility of the URL (http://www.cherrydeck.com or its other URLs). cherrydeck.com also does not provide any guarantee for the correctness and completeness of the data transmitted via Internet. The users use the Internet at their own risk and in doing so are subject to the applicable national or international laws and regulations. Other separate guarantee obligations or agreements made by Fotografolio.com are not affected by this. Delays of service due to force majeure or due to events for which cherrydeck.com is not responsible and that make provision of the service difficult or impossible for longer periods (in particular, these include strikes, lockouts, official orders, etc., also if these are encountered by a subcontractor) are not the responsibility of cherrydeck.com. These events authorize cherrydeck.com to delay the provision of services for the duration of the problem in addition to a reasonable lead time.
9. Limitation of Liability
9.1 cherrydeck.com is liable for damages caused deliberately or as the result of gross negligence by it, its bodies, its management, or its employees. If these concern the violation of contractual obligations whose fulfillment is necessary for the achievement of the purpose of the contract, the lack of assured features, or personal damages as the result of unauthorized actions, cherrydeck.com is liable in every case it is at fault.
9.2 In the event of willful intent or gross negligence, cherrydeck.com is liable without limitation in accordance with the legal regulations. In the event of simple negligence, liability will be excluded insofar as an essential contractual obligation was not violated; there was no danger to life, health, or physical safety; or a delay or the impossibility of performance exists. In the event of simple negligence, insofar as an essential contractual obligation was violated or, in the event of a delay, of impossibility of performance, the liability for damages that do not arise from injury to life, health, or physical safety are limited to damages typical for the contract and that such damages were foreseeable. The right to prove a greater damage remains reserved for the users. cherrydeck.com is not liable for indirect and consequential damages or lost profits. Claims in accordance with the German Product Liability Act as well as those resulting from the producers liability are not affected.
9.3 The user must exempt cherrydeck.com and all of the companies associated with it from losses, damages, and claims of third parties that have arisen from contractual violations with cherrydeck.com or with one of its associated companies or have arisen, in particular, due to disputes regarding legally mandated data protection, copyright, or other legal disputes in association with the use of cherrydeck.com.
10. Applicable Law and Partial Invalidity
10.1 The procedural and substantive law of the Federal Republic of Germany applies to these usage conditions and the overall legal relationship between cherrydeck.com and the user, with the exception of German international private law. The place of jurisdiction for disputes arising from the contractual relationship with cherrydeck.com is Hamburg, Germany.
10.2 Should a condition within these general terms and conditions or a condition within the framework of other agreements be or become unenforceable, the enforceability of all other conditions or agreements will not be affected by this.
Last updated: August 2018