Terms and Conditions for the App “Under The Bridge. Tattoo Flash Archive”:
Scope of Application
For the conclusion and the contents of the contracts between the Operator [Stefan Raab, Semmelstr. 6, 97070 Wuerzburg (hereinafter "Operator") and the customer (hereinafter "Artist” or, alternatively, “End Customer") concerning the app "Under The Bridge. Tattoo Flash Archive", the following terms and conditions will apply exclusively in their respective current version applicable as of the date the contract is concluded. The Operator hereby expressly objects to any potential diverging terms and conditions of the customer. These shall not apply, unless they are exceptionally agreed upon in writing.
Object of Contract
The App “Under The Bridge. Tattoo Flash Archive” is frstly aimed at Artists who offer specially created tattoo templates on a platform to be purchased by End Customers. To this end, the Artist downloads his/her tattoo artwork on the app "Under The Bridge. Tattoo Flash Archive". If the tattoo template is purchased by a customer by downloading it, the Artist is entitled to 20% of the purchase price.
Secondly, the app "Under The Bridge. Tattoo Flash Archive" is aimed at End Customers who can purchase the tattoo templates provided and offered by the Artist as software in the form of downloads.
Conclusion of the Contract with the Artist:
The mere uploading of tattoo artwork by the Artist on the app "Under The Bridge. Tattoo Flash Archive" does not constitute the conclusion of a contract between the Operator and the Artist. Uploading a tattoo template on the app only constitutes an offer of the Artist to conclude a contract. The Artist's offer is accepted by a confrmation e-mail sent by the Operator.
The prerequisite for the valid conclusion of the contract with the Artist is that the latter is logged in with his/her registered Pay Pal e-mail address.
The address of the Artist, his/her bank account and e-mail address will not be made public by the Operator on the app "Under The Bridge. Tattoo Flash Archive". If the Artist does not wish to appear on the app under his/her real name, he/she can specify a nickname.
Conclusion of the Contract with the Customer:
By making individual tattoo templates available, the app "Under The Bridge. Tattoo Flash Archives" does not make a binding offer to conclude a contract. Rather, only the customer makes a binding offer when placing his/her order. The contract is concluded upon acceptance of the offer by "Under The Bridge. Tattoo Flash Archive". The offer can either be accepted in the form of a confrmation e-mail or by sending/delivering the tattoo template selected by the customer.
The customer's offer to enter into a contract with "Under The Bridge. Tattoo Flash Archive" (placing of an order) is structured as follows:
1. The customer selects an image which he wishes to purchase.
2. The customer purchases a prepaid cash balance/credits:
- To do so, click on the "Buy Credits" button.
- The customer can now choose between different amounts of credits to be purchased
(ranging from 5 credits / $ 4.99 up to 40 credits / $ 39.99).
- The customer then clicks the "Buy" button in order to purchase the desired amounts of credits.
- The customer subsequently confrms the desired purchase.
The prepaid balance/credits purchased by the customer on the app "Under The Bridge. Tattoo Flash Archive" are only valid and may only be used on the iPad which was used to purchase them. The prepaid balance/credits are not transferable to other devices/iPads. If the app "Under The Bridge. Tattoo Flash Archive" is deleted from the iPad or if the device should be defective, the purchased prepaid balance/credits will be lost.
The prepaid balance/credits bought by the customer on the app "Under The Bridge. Tattoo Flash Archive" can only be used exclusively in connection with the app "Under The Bridge. Tattoo Flash Archive". The prepaid balance/credits cannot be used in connection with other apps.
3. The customer adds the image to be acquired to the cart by clicking on the button "Add to Cart".
4. The customer clicks the "Buy and Download" button. By doing so, the customer makes a binding offer to conclude a contract with the Operator, which must be confrmed one more time.
Should the customer make a mistake when ordering, he/she has the following options to make corrections (error correction options when ordering):
1. When choosing the image, the customer clicked on a different image than the one desired.
Correction option: The customer clicks the "Close" button.
2. When selecting the prepaid balance/credits, the customer clicked on a different amount than the one desired.
Correction option: The customer does not confrm the purchase.
3. The customer added a different image than the one desired to the cart by clicking the "Add to Cart" button.
Correction option: The customer presses the "Edit" button at the top right of the page.
A minus sign ("-“) will be added to the image which was mistakenly added and the image can then be deleted from the shopping cart by clicking on the minus sign.
4. The customer has mistakenly or otherwise falsely clicked the "Buy and Download" button to submit a binding offer to conclude a contract.
Correction option: The customer refuses to confrm the purchase.
5. The customer confrmed the order after clicking the "Buy and Download" button.
Correction option: none
Apple Inc. receives 40% of the purchase price of a tattoo template. The Operator receives 20% fat in advance of the then remaining purchase price (60%) for administrative costs (especially the cost of programmers, bank charges). The then remaining 40% will be divided equally between the Artist and the Operator.
The Artist's share of the purchase price will be paid out quarterly on January 5, April 5, July 5, October 5 of the respective year into the account indicated by the Artist.
The Artist is personally responsible and liable for the proper taxation of the payments received. The Operator is not liable if the Artist should fail to or should improperly pay taxes on the payments made to the Artist. In this regard, any liability of the Operator is excluded.
The prices of the tattoo templates shown are net prices.
The prices at the time of the order by the customer are binding.
Terms of Payment
The purchase price is to be paid upon the conclusion of the contract and is payable using the PayPal process.
Terms of Delivery, Rights of Use
The tattoo templates can be downloaded by private individuals and non-commercial customers for personal use only and are exclusively limited to personal use, in particular for the purpose of fnding new images, or as inspiration for creating tattoo designs, as soon as the purchase price is paid to the Operator.
In addition and as an exception and excluding other customers, only customers who run a professional tattoo studio are entitled to the unrestricted commercial use of tattoo templates when applying tattoos to their own customers.
Any use exceeding solely personal use and/or the extended rights of use by professional tattoo studios is prohibited. In particular, any and all commercial use of the tattoo templates as well as the public, commercial and private distribution thereof by customers, who are not owners of a professional tattoo studio or by third parties, especially on websites or in the form of logos, is prohibited. The commercial use of tattoo templates by customers, who operate professional tattoo studios, is limited to the application of tattoos on their own customers. However, these customers are also prohibited from using the tattoo templates of "Under The Bridge. Tattoo Flash Archive" for advertising purposes on the internet.
Any use and exploitation exceeding the extent agreed upon above, constitutes a breach of contract as well as a copyright infringement.
The copyright on a tattoo template which is placed in the app "Under The Bridge. Tattoo Flash Archive" remains with the Artist.
By placing a tattoo template on the app, the Artist declares to be its exclusive and unrestricted copyright owner. It is expressly forbidden to place tattoo templates on the app in violation of the copyright of a third party. The Operator assumes no responsibility for any possible copyright violations. The liability of the Operator for any copyright infringement by the Artist is excluded. By placing a tattoo template on the app, the Artist is obliged to hold the Operator from eventual third party claims for copyright infringement harmless.
If, in connection with the app "Under The Bridge. Tattoo Flash Archive", the Operator becomes aware of a copyright infringement by an Artist, the Artist will be immediately excluded from any further participation. The Operator expressly reserves the right to make further claims against him.
By placing a tattoo template on the app "Under The Bridge. Tattoo Flash Archive“, the Artist agrees that the customer who downloads the template, does so for his/her own personal use and exclusively for private, non-commercial purposes, in particular for the purpose of fnding new images to be tattooed on his/her own body. In this regard, the Artist also consents to the use of templates as placed on the app and their reproduction as shown in the original image and in a 1:1 ratio as a tattoo on the body of the customer. The Artist also agrees that customers who operate professional tattoo studios may use the tattoo templates placed by him/her on the app in the course of their business activities for the commercial purpose of tattooing their customers.
All customers are prohibited from using and exploiting tattoo templates from the app "Under The Bridge. Tattoo Flash Archive“ in violation of the copyright of the Artist.
The Operator expressly excludes any responsibility for such copyright infringements. The Operator excludes any and all liability vis-à-vis the Artist for any such copyright violations. The Artist agrees expressly with this exclusion of liability. By downloading a tattoo template, the customer agrees to hold the Operator harmless from any potential claims of the Artist whose copyright has been infringed.
By downloading a tattoo template from the app, the customer, who does not own a professional tattoo studio, agrees to use these for personal use only and exclusively for his/her private purposes and, as well, agrees neither to distribute these templates publicly or in any other way, either privately or commercially, nor to use them beyond the permitted purpose. By downloading a tattoo template from the app, the customer, who owns a professional tattoo studio, agrees to use the templates exclusively in the course of his/her business operations for the purposes of tattooing his/her own customers or to use these to the extent permitted for customers who are not owners of a professional tattoo studio.
By downloading a tattoo template from the app "Under The Bridge. Tattoo Flash Archive“, all customers agree, in particular, not to use the template on internet websites or in the form of logos. By downloading a tattoo template from the app, all customers agree to fully respect the copyright of the Artist.
If the Operator in connection with the app in question becomes aware of a copyright infringement by a customer, the customer will be immediately excluded from any further participation.
Contents of Tattoo Templates
The tattoo templates to be placed on the app must not have racist, pornographic, offensive, content promoting violence and/or any other content violating morality or infringing law, especially criminal law. The Operator will not accept templates with such content. Such templates will be deleted immediately upon detection. In case of repeated violations against the content requirements, the Operator is entitled to delete the account of the Artist in question without giving any further reasons and to exclude him/her from further participation. The right to make further claims against the Artist is expressly reserved. By placing his/her tattoo templates on the app "Under The Bridge. Tattoo Flash Archives", the Artist pledges to hold the Operator harmless from any third-party claims due to illegal content of the tattoo template. The Operator expressly assumes no responsibility for tattoo templates with racist, pornographic, offensive, content promoting violence and content violating morality or infringing the law, especially criminal law.
By placing a tattoo template on the app "Under The Bridge. Tattoo Flash Archive“, the Artist agrees that the Operator may make random quality tests of the templates for quality management purposes. To this end, the Operator is entitled to access to the tattoo templates placed by the Artist free of charge at any time and without prior notice.
The Operator is liable in the case of claims for damages based on intent or gross negligence, either of the Operator or of its representatives or agents, in accordance with the statutory provisions. The Operator is also liable in accordance with the statutory provisions in the event of culpable injury to life, limb or health in the case of negligence. The liability of the Operator in accordance with the German Product Liability Act (Produkthaftungsgesetz) is unlimited.
The liability of the Operator is excluded to the extent permitted by law.
In particular, the Operator is not liable for any loss of earnings of an Artist due to the system being damaged or defective, due to maintenance work or in the case of cancellation of the application.
In the case of technical problems (especially due to an interruption of the internet connection or faulty battery on the part of the customer) in the time period between the submission of the binding offer by the customer (by clicking the "Buy and Download" button and subsequent confrmation) and the downloading of the purchased image, the Operator will have no liability whatsoever to the extent that this is permitted by law. The customer is exclusively responsible for any problems in connection with an insuffcient or non-existent internet connection, in particular in the case of interrupted internet access, as well as insuffcient or interrupted battery power.
The Operator is not liable for the functionality of the technical equipment and software which has been provided by third parties or detrimentally affected by the conduct of others.
The Operator strives to make the app "Under The Bridge. Tattoo Flash Archive“ available at all times. Should this not be possible due to force majeure or service disruptions on the internet or as a result of a strike, the customer is not entitled to benefts, a reduction of the purchase price or compensation for damages. Such claims are also excluded in the case of a deletion of the app "Under The Bridge. Tattoo Flash Archive" by the Operator.
Reservation/Proviso of the Resale of the App and Cancellation by the Operator
The Operator reserves the right to sell the application to third parties. In this case, the new Operator may create its own terms and conditions that may differ from the present general terms and conditions. The customer acknowledges that he/she is aware of this and agrees with this.
The Operator also reserves the right to delete the application at any time and in doing so to terminate the system.
Artists and customers can have their accounts deleted entirely by the Operator for a processing fee of € 30.00. Should the Artist or customer order the deletion of his/her account, the Operator is obliged to complete the deletion within a period of two weeks after the processing fee of € 30.00 has been paid into the account of the Operator. The payment of the processing fee is to be made via PayPal. Until the complete deletion of the account, the Artist is entitled to claim the share of sales revenues as agreed upon. The fnal invoice is to be settled in the quarter immediately following the account deletion.
The customer's personal data necessary for the completion of the order are collected, stored and processed by the company on data storage media in accordance with the regulations of the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG). The Artist and the customer consent to this. These personal data of the Artist and the customer, which are necessary for processing the order, will be transmitted to third parties exclusively to the extent necessary for the execution of a contract and, alternatively, its rescission.
The data of the Artist and customer will not be transmitted to third parties beyond the extent required for contract execution, unless there is an obligation by law to do so or, alternatively, the Artist and customer have given their prior consent.
The personal data of the Artist and the customer will only be stored for as long as they are required for the purpose of their transmission. Tax and commercial law retention periods can require a data storage period of up to ten years.
Provided no issues for billing, accounting or tax or commercial law retention periods are affected, the Artist and customer can at any time, with respect to the collection, storage and processing of transmitted personal data, revoke, delete, block or correct such data. The Artist and customer can request information about personal data stored which pertains to them free of charge.
No Right of Withdrawal
The Operator provides the customer with tattoo templates as software in the form of downloads. Since this is a form of delivery which is unsuitable for return shipment due to its nature, there is no right of withdrawal according to § 312d (4)(1) BGB.
Governing Law and Jurisdiction
The law of the Federal Republic of Germany applies exclusively. The application of the UN Sales Convention is expressly excluded.
The place of jurisdiction for all claims arising from or in connection with this contract is Wuerzburg.