This Agreement contains the terms and conditions applicable to the use of any Products by You. By placing an Order for any Product or becoming a member of our Membership Website, you agree to the terms and conditions of this Agreement.
- INTERPRETATION
1.1 Unless the context requires otherwise, the following definitions shall apply:
Agreement means this agreement between You and Juilan Geppert Photography, herein referred to “CATBOO”;
CATBOO’s Website means https://www.catboo.net and its subdomains (e.g. https://blog.catboo.net)
Commencement Date means the date upon which You become a member via our Membership Website.
Force Majeure means circumstances beyond the relevant party’s control that prevent performance of the Agreement including any failure or breakdown of electronic systems upon which the provision of a Product is dependent;
Intellectual Property Rights or IPR means any and all intellectual property rights including trademarks, copyright, moral rights, database rights, know-how and all other intellectual and proprietary information rights as may exist now or hereafter come into existence; all modifications, renewals, rights to apply for, renewals and extension of any of the foregoing arising under the laws of any country, state or jurisdiction in the world;
Membership Website means our paid content area you can access via https://catboo.net after having signed up to by choosing one of our price tiers and becoming a member thereof. After signing up, you can access all our content by clicking on the respective link to a photo set or video clip.
Order means an order placed by You for the purchase of a Product through CATBOO’s Website as well as by becoming a member on our Membership Website;
Price means the amount to be paid by You to CATBOO for the Product or price tier as chosen by You at the time You place an Order or become a member;
Product means any materials which You purchase or is made available to you via our Membership Website as it may be updated from time to time, e.g. photos, photos sets, videos, video clips, series;
You means you as a person, placing an Order for a Product or becoming a member. Yours and Your shall be construed accordingly.
- YOUR STATUS
You as the individual placing the Order is fully authorized to enter into this Agreement and is at least 18 years of age.
- USE OF THE PRODUCTS
3.1 Payment of the Price will entitle You to a royalty free, non-exclusive, non-transferable, non-sublicensable license to use, download and store the Product(s). You acknowledge that You have purchased a license to use the Product, and that the grant of this license does not constitute a transfer of ownership.
3.2 You may only use the Product for Your personal purposes. You shall not forward via any means, any content provided by CATBOO to anyone other than You.
3.3 It is your responsibility to ensure that you can access CATBOO’s website and to have and maintain licences to use any software required to access any Product.
3.4 You may not
3.4.1 sell, sub-licence, distribute, display, copy, disassemble, decompile, reverse engineer, translate, transfer, or otherwise make available any Product and/or its content to any other person;
3.4.2 use any Product or its content to create any derivative works or products that could be considered competitive products;
3.4.3 allow any third party to access, benefit or use any Product or its content in any way; or
3.4.4 share any password, username or other access information that can be used to access any Product or its content.
3.5 You shall maintain all security measures as may reasonably be required to prevent any unauthorized access to or use of any Product.
3.6 Your rights under this Agreement may be revoked if You fail to comply with any of the terms of this Agreement, and upon notice of revocation You shall immediately:
3.6.1 cease to use or access the Product and its content; and
3.6.2 destroy all copies of the Product, its contents and any information or derivative works which have been created or acquired by You as a result of or in connection with this Agreement.
3.7 You agree to indemnify CATBOO, its members, employees, officers and licensors against any and all liability arising from Your unauthorized use of any Product or its contents provided to You and any use by You of any derivative works made by you.
- PAYMENT
5.1 When purchasing a Product of becoming a member of our Membership Platform you may choose between a payment via PayPal or Stripe. You will need to set up an account at PayPal and Stripe to proceed with the payment.
5.2. Either party you have chosen to process your payment is your direct contact in terms of payment questions.
5.3 The Price is inclusive of VAT.
- CATBOO’S OBLIGATIONS
6.1 Upon receipt of Your Order or start of membership, CATBOO shall grant you access via your chosen username and password to CATBOO’s the purchased Product(s) or Membership Website.
6.2 CATBOO is not under any obligation to provide maintenance or support for any Product or its content.
- INTELLECTUAL PROPERTY
Any IPR subsisting in the Products is and shall remain the sole property of CATBOO or, where applicable, its licensors. You acknowledge that all present and future rights in and title to the Products, including the right to grant access to and use of the same, shall vest in CATBOO and, where applicable, its licensors.
- DATA PROTECTION
To the extent that CATBOO processes any personal data provided by You in connection with this Agreement, CATBOO will do so in accordance with CATBOO’s privacy statement as set out at https://blog.catboo.net/privacy-policy and in accordance with any applicable data protection laws of the European Union and Germany.
- LIABILITY
CATBOO shall not be liable to You for any indirect, special, incidental and/or consequential loss and/or damage incurred by You in connection with your use of any Product.
- NOTICE
10.1 If You wish to provide notice under this Agreement, such notice must be sent to Julian Geppert Photography, Wilstedter Weg 10, 22851 Norderstedt, Germany
10.2 If CATBOO needs to provide You with notice under this Agreement, it shall be sent to You using the email address that You provided when placing Your Order. It is Your responsibility to ensure that Your details are up to date and correct.
- ASSIGNMENT
You may not assign, transfer, sub-licence or deal with any of Your rights or obligations under this Agreement without CATBOO’s express permission.
12 . VARIATION
CATBOO may at its sole discretion update the terms of this Agreement from time to time on the Website. It is your responsibility to check the CATBOO Website from time to time to ensure your compliance with any updated terms.
- TERMINATION
13.1 CATBOO may terminate this Agreement at any time where:
13.1.1 You breach any material term of it, or
13.1.2 CATBOO has reasonable grounds to believe that the performance of it may be unlawful or cause CATBOO and/or You to breach any legal, regulatory or professional requirement.
- GOVERNING LAW AND JURISDICTION
This Agreement and any dispute arising out of or in connection with it (whether contractual or non-contractual) shall be governed by the laws of Germany, and any dispute arising out of or in relation to this Agreement (whether contractual or non-contractual) shall be subject to the exclusive jurisdiction of the Courts of Germany.
- GENERAL
15.1 This Agreement constitutes the entire agreement between CATBOO and You in relation to any Products This Agreement supersedes all previous discussions, correspondence, negotiations, understandings or agreements entered into by us in relation to any Products.
15.2 In the event that any provision of this Agreement is deemed to be invalid or unenforceable, it shall be severed from the Agreement and shall not affect the validity and enforceability of any other term in this Agreement.
15.5 No failure by CATBOO to exercise any right under this Agreement or to take action against You in the event of a breach of this Agreement shall constitute a waiver of such right or any other rights under this Agreement.