Terms and conditions

... of Lumio for demands of the service www.lum.io

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A) General

The following terms and conditions are in effect for all commercial relationships between the customer and Lumio.

Leading is the version used in the point of time of conclusion of contract.

Divergent, conflicting or complementing terms and conditions of the customer do not become integral part of the contract, even if Lumio knows them, unless their validity is explicitly declared by Lumio.

Lumio provides all services on basis of these terms and conditions, even though it is not explicitly declared.

B) Definitions

In context of these terms and conditions

provider
means Lumio (Mareen Fischinger)
customer
means contractual partner of Lumio, who demands the service www.lum.io
client
means a third party, who is in relationship with customer
co-worker
means a third party, who is in relationship with customer
file
means digital pictures, particularly photos, screenshots and graphics, textfiles, movies and other binary files
data
means information, which is stored electronically
project
means a general virtual folder, under which files are collected and under which the collected files are shown to customer, client and co-worker
lightbox
means a general virtual folder, under which files are collected and under which the collected files are shown to customer, client and co-worker
access/access to files
means the possibility to view shown files and save, edit, transfer, lock, delete, copy and publish
authorization
means the factual, technically controlled, possibility to execute access to files on every or several kinds of access
lightbox authorization
means the factual, technically controlled, possibility to use all or several functions of the lightbox
admin authorization
means the factual, technically controlled, possibility to edit preferences concerning the use of www.lum.io by customer
browser
means a computer program, which is used by customer, to display websites in the world wide web
server
means a computer, which is connected to the world wide web via data link and where files of the customer are stored and administrated electronically, and which sends data and files to a browser, as far as the browser requested them and the request is authorized
tariff
means determination of the exact service to be provided by provider and the fee to be paid by customer
upgrade
means the change of tariff by customer into another tariff of a higher value out of a running contract
downgrade
means the change of tariff by customer into another tariff of a lower value out of a running contract
byte
means measurement unit to measure an amount of data; multiples of byte are declared in steps of 1000 byte, not of 1024 byte; a gigabyte equals 1,000,000 byte
traffic
means data and files, which are sent or received by server via gateway (ethernet or similar) to the world wide web, as far as this happens at the instigation of customer or one of his clients or co-workers
traffic amount
means the amont of traffic, measured in byte or multiples of it

C) Specification of services

Provider provides services to customer.

Customer uploads files to server. These files are held available on server for access.

Customer can invite third parties as a client or a co-worker. These third parties receive login details to server by provider.

Customer can grant authorization to clients and co-workers. Authorization is granted the same way for all files of one project. A client or a co-worker gets the same authorization for all files in one project. Different clients or co-workers can get different kind and level of authorization.

Customer can grant lightbox authorization to clients and co-workers. Lightbox authorization is granted the same way for all files of one lightbox. A client or a co-worker gets the same lightbox authorization for all files in one lightbox. Different clients or co-workers can get different kind and level of lightbox authorization.

All actions by a client or a co-worker are dependent of their particular authorization.

Customer and co-workers can create projects.

Files are collected in projects. One file is assigned to maximally one project and has to be assigned to at least one project.

Customer, clients and co-workers can create lightboxes.

Files can be assigned to one or several lightboxes. The assignment of a file to a project is unaffected by this. A file does not need to be assigned to a lightbox but can be assigned to all lightboxes.

Within a lightbox only thumbnails of files are shown. Access to files within a lightbox is only possible, as far as the particular authorization is granted within the project.

Dependant on the chosen tariff the customer gets the privilege to use a determined amount of storage capacity for files, to create a determined amount of projects and to create and invite a determined amount of clients or co-workers.

Dependant to the chosen tariff the customer gets a determined traffic amount. Customer can choose whether he pays an additional fee for additional traffic or whether the speed is throttled to 150 kbit/s if this traffic-amount is reached.

Provider provides support via e-mail. A determined speed of support answers is not warranted.

D) Period of service provision

Provider provides his service outside of those periods, in which the service cannot be provided for technical reasons or the provider's website cannot be accessed (downtime) caused by activities of third parties, who not act on behalf of provider, or caused by technical facts of the world wide web, which cannot be influenced by provider, or caused by force majeure.

Outside of periods of downtime provider warrants a service accessibility of 99% in annual average at 7 days a week and 24 hours a day.

At risk for provider's technical integrity, e.g. by DOS attacks, provider is legitimated to discontinue the service temporarily to avert danger.

E) Technique of service provision/licence

Provider is free in choosing way, kind and method of technical provision of his service and where the server is physically localized.

The technical details of provider's service are defined by provider's factual service provision. Provider is free to design and structure the service within the specification of services.

Customer is not granted rights to use provider's intellectual property, regardless whether it is a design element of the website, source or object code of server software, source or object code of client software, databases or technical descriptions.

As far as actions concerning intellectual property are originated or explicitly offered by provider, this means also the granting of rights to use, as far as this is necessary to take this action. Additional actions concerning intellectual property are not allowed.

F) Contract parties/conclusion of contract/information

Customer warrants that he is not consumer in the meaning of German civil law.

The contract between customer and provider is established as customer books a tariff on provider's website for the first time and in case of a tariff with costs the payment-provider (eg Paypal) confirms the payment or – in case of a free tariff – customer accepts these terms and conditions.

If the the sending of login details does not occur promptly (in the meaning of "without culpable hesitation", which is a German law term), customer receives a confirmation of his order promptly. In this case provider has got 5 days to conclude the contract by sending login details via e-mail.

Differing from sending login details provider can send a confirmation code to authenticate the e-mail-address.

Provider is legitimated not to provide the full service unless the first payment is done.

G) Contract period

The contract is concluded for a determined period.

The contract period lasts at least one month. An extension of the contract period is concluded for at least one additional month. Customer can choose a longer contract period, as far as it is offered by provider.

The contract period ends without explicit cancellation.

The possibility to terminate the contract for important cause remains unaffected. "To terminate the contract for important cause" is used in the meaning of German civil law.

In the case of ending of the contract period, all customer's files are deleted. After his contract period terminates, customer has got two weeks to download his files.

H) Contract conditions

Provider can offer customer to execute an upgrade or a downgrade within a running contract period.

In the case of an upgrade a new contract period starts with new conditions. The fee customer has already paid for the ongoing, but not yet run out contract period of lower level tariff, is pro rata calculated, detailed to the day and charged up against the fee for the new contract period.

In the case of a downgrade the contract period is unaffected. The fee, customer has already paid for the ongoing, but not yet run out contract period of higher level tariff, is pro rata calculated, detailed to the day and credited for future services, as far as it does exceed the lower level tariff. When the contract ends, a postive balance is refunded.

The change of contract conditions is effective at once when customer changes contract period and tariff by activating the particular option in his preferences of www.lum.io and if necessary the payment is confirmed by the payment-provider (eg Paypal).

Provider confirms changes of contract conditions via e-mail.

Provider is free in the choice of options which he offers.

I) Fees

Fees, which are to be paid independent of usage, are callable at the beginning of the contract period.

Fees, which are to be paid dependent of usage, are callable when they incur.

J) Delay of payment

Customer is in delay of payment, when

  • on payment via credit card the credit card company denies disbursement
  • on paying via debit note the debit note is not encashed
  • on payment on account the debit amount is not balanced within 14 days
  • on payment via PayPal the disbursement is denied,

without a demand note.

In the case and for the duration of delay of payment provider is allowed to stop providing the service.

An explicit notice is not necessary. In this case customer has got the possibility to download his files once.

Periods, in which provider does not provide his service because of customer's delay of payment, customer stays liable to paying costs.

K) Time and calendar

Effective for the contract is always the Central European Time, or possibly Central European Summer Time, as indicated, and the according calendar date, unless anything else is appointed.

L) Liability

Provider's liability for violation of life, body or health is regulated by law.

Provider's liability for delibetariffly or grossly negligently committed neglects of duty is regulated by law, even if these neglects are committed by provider's auxiliary persons or legal representatives.

Provider's liability for neglects of such duties, which are essential for the contract (so called "cardinal duty"), when the neglect is comitted in a way, which puts the contract's purpose at risk, and when the neglect is comitted slightly negligently, is limited to the typical damage which provider could reasonably anticipate at contract conclusion.

Compensation for damages, which customer suffers by data loss, is limited to that amount of money, which would have to be paid to recover customer's lost data from a backup copy. This counts even if customer refrained from creating backup copies. Data loss and lost files are same.

For the rest provider is not liable.

Provider's liability by German Product Liability Act is uneffected.

This liability limitation is effective for contractual, quasi-agreement and non-contractual claims.

M) Customer's liability for third parties

Customer is fully liable for clients' and co-workers' actions.

N) Backup copy

Customer is in charge for self-contained and initiative backup copies of his files. Provider provides a technical service for this.

It is recommended, to backup files as often as possible.

O) Events of default

Customer has to notify provider of malfunctions and other disfunctions within two weeks of awareness.

The notification is to be done by letter, facsimile or e-mail. Is the notification done later, customer loses claims concerning the particular malfunction and other disfunction.

P) Customer's content

Customer commits from uploading child pornography files to server.

Customer commits to make content on server accessible for third parties who have their business location or residence in a country in which the accessible content is not illegal. The same does apply for that country in which customer has got his business location or residence.

Customer commits, not to infringe intellectual property and other immaterial rights of third parties.

Customer is fully liable for his own content.

Provider is allowed to delete files, if provider were liable for them as his own content by applicable law.

Customer's rights concerning files are uneffected. Customer grants provider those rights to use files the provider needs to provide the service. Customer warrants to be holder of necessary rights by uploading the files.

Customer remains owner of his files when the contract with provider ends.

If customer uploads files to which he owns no rights, customer stays fully liable for any infringement. In this case, provider is free to quit the contract.

Q) Applicable law/legal venue

It is appointed, that the law of the Federal Republic of Germany is the exclusively applicable law.

Internationally the courts of the Federal Republic of Germany are exclusively competent.

If Customer is merchant or has not got his common legal venue in Germany, the reginal court of Cologne (in German: "Landgericht Köln"), is exclusively competent, unless the ordinary jurisdiction is not competent. In this case the according court of first instance, which is competent for Cologne, is appointed as exclusively competent.

R) Misc

If one article or more articles of this contract was ineffective or inexecutable or became ineffective or inexecutable after conclusion, the effectiveness of the rest of the contract is unaffected.

In the case of misunderstandings or unclear formulations, or in the case of a dispute, the German version of these Terms & Conditions are valid and to be consulted.

Lumio allows me to simplify the editing and approval process. No longer do I rely on FTP servers, sending CD/HDDs. These are the reasons why I created Lumio.

Mareen Fischinger Photographer and Creator of Lumio

Never had a project move so quickly. My clients were able to communicate easily and revise.

Jon Harris Family Photographer

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