TERMS AND CONDITIONS

 

This Privacy Policy and Terms of Use set out the data processing practices carried out by Pictoplasma, Denicke & Thaler GbR ("Pictoplasma") in relation to information, data and content provided by you on the online Application "Colour Me! Playground" ("Application"). If you have any queries concerning your personal information or with regard to these practices please contact us at here.

ELIGIBILITY
Membership for this Application is void where prohibited. This Application is intended solely for users who are thirteen (13) years of age or older, and users of the Application under 18 who are currently in high school or college. Any registration by, use of or access to the Application by anyone under 13, or by anyone who is under 18 and not in high school or college, is unauthorized, unlicensed and in violation of these Terms of Use. By using this Application, you represent and warrant that you are 13 or older and in high school or college, or else that you are 18 or older, and that you agree to and to abide by all of the terms and conditions of this Agreement.

INFORMATION COLLECTED
In order to use the Application, you have to register. In consideration of your use of the Application, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Application; (b) maintain the security of your password and identification; (c) maintain and promptly update the registration data, and any other information you provide, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

USE OF PERSONAL INFORMATION
We do not use your personal information for any other reason than the functioning of this Application. As we want you to get in contact with other users, we make the information and data collected available to registered users. By using this Application and registering, you agree that your information will be made available for other users. We might use your Email to send you system information necessary for the functioning of the Application.

DISCLOSURE
We will only disclose personal information to other companies within our group of companies, successors in title to our business and suppliers we engage to process data or perform services on our behalf.

PROPRIETARY RIGHTS IN APPLICATION CONTENT; LIMITED LICENSE
All content on this Application, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Application Content"), are the proprietary property of Pictoplasma, its users or its licensors with all rights reserved. No Application Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Pictoplasma's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Application. Provided that you are eligible for use of the Application, you are granted a limited license to access and use the Application and the Content and to download or print a copy of any portion of the Application Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Application Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Application Content is strictly prohibited. Such license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Application or the Application Content other than as specifically authorized herein, without the prior written permission of Pictoplasma, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

USER CONDUCT
You understand that this Application is available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Application will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
In addition, you agree not to use the Application to:

- harvest or collect Email addresses or other contact information of other users from the Application by electronic or other means for the purposes of sending unsolicited Emails or other unsolicited communications;
- use the Application in any unlawful manner or in any other manner that could damage, disable, overburden or impair it;
- use automated scripts to collect information from or otherwise interact with the Application;
- upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- upload, post, transmit, share, store or otherwise make available any content other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
- register for more than one user account, register for a user account on behalf of an individual other than yourself, or register for a user account on behalf of any group or entity;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, transmit, share, store or otherwise make publicly available on the Application any private information of any third party, including, without limitation, addresses, phone numbers, Email addresses, Social Security numbers and credit card numbers;
- solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- intimidate or harass another;
- upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- use or attempt to use another's account, service or system without authorization from the Pictoplasma, or create a false identity on the Application.
- upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Pictoplasma, is objectionable or which restricts or inhibits any other person from using or enjoying the Application, or which may expose Pictoplasma or its users to any harm or liability of any type. Is that understood?

USER CONTENT POSTED ON THE APPLICATION
You are solely responsible for the images, messages and other content that you create, upload, publish or display (hereinafter, "post") on or through the Application, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Application that you did not create or that you do not have permission to post. You understand and agree that Pictoplasma may, but is not obligated to, review the Application and may delete or remove (without notice) any Application Content or User Content in its sole discretion, for any reason or no reason, including without limitation User Content that in the sole judgment of Pictoplasma violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Application or provide to Pictoplasma.
When you post User Content to the Application, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Application. By posting User Content to any part of the Application, you automatically grant, and you represent and warrant that you have the right to grant, to Pictoplasma an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Application or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Application at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that Pictoplasma may retain archived copies of your User Content.

USER DISPUTES
You are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between you and other users.

GENERAL
If any of these terms and conditions of sale is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this shall not effect the validity of the remaining terms and conditions of sale which shall continue to be valid and enforceable to the fullest extent permitted by law. These Terms and Conditions shall be governed by German law and Pictoplasma and the User hereby submit to the exclusive jurisdiction of the German courts in relation to any dispute which may arise between them.