5.10 System integrity
5.10.1 The Customer shall not be entitled to use mechanisms, software or other scripts in connection with the use of the Media Network that are capable of disrupting the functioning of the Media Network. The Customer shall not be permitted to disruptively interfere with the Media Network in any way or access data that it is not authorized to access. In addition, the Customer must ensure that his information and posted data transmitted via the Media Network are not infected with viruses, worms, Trojan horses, or the like. The Customer promises to compensate picturemaxx for all damage that arises from culpable non-compliance with these duties and indemnify picturemaxx against all claims that third parties assert against picturemaxx as a result of the Customer’s non-compliance with these duties.
5.10.2 The content stored in the Media Network may not be copied or disseminated or otherwise used or reproduced without the prior consent of the holders of the rights.
5.10.3 picturemaxx shall be entitled, for purposes of maintenance and fostering of the data transfer intended by the Customer, as well as for reasons of data security, to ascertain and save the Customer’s use-relevant data (for example, administered picture volume, current software version) and store them on a data medium - in particular, using a master client or a debugger tool.
5.10.4 The Customer shall be obligated to
- establish and maintain the necessary data backup precautions during the entire contract term; this relates, in substantial part, to the careful and conscientious handling of logins and passwords;
- immediately inform picturemaxx of technical changes occurring within his area if such changes are capable of negatively affecting the rendering of services or the security of the Media Network;
- cooperate in clearing up attacks against the Media Network by third parties, to the extent that such cooperation by the Customer is necessary;
- execute transactions via the Media Network exclusively within the framework of the commercial business operation and for business purposes.
5.11. Data backup and data protection declaration
5.11.1. The servers of picturemaxx are secured in conformity with the state of the art, particularly by means of firewalls. However, the Customer is aware that the danger exists for all participants that transmitted data can be intercepted on the transmission path. This applies not only to the exchange of information via e-mail within the Media Network, but to all other transmissions or data as well. The confidentiality of the data transmitted within the framework of use of the Media Network can therefore not be guaranteed.
5.11.2. The Customer’s inventory data shall be used and processed for client consulting and for information concerning offers and market research. The Customer therefore expressly gives his consent to the fact that picturemaxx will gather, process, and use the Customer’s personal data and forward such data to third parties, to the extent that it is necessary to do so for purposes of the establishment, substantive design, or modification of the contractual relationship, as well as utilization and billing of the relevant services.
5.11.3. picturemaxx shall be entitled to use the name or, as the case may be, company name of the Customer, as well as the Customer’s web address, as a reference for marketing purposes, particularly in advertising brochures and on Internet web pages operated by picturemaxx. The Customer’s information for this purpose is voluntary. The Customer shall be entitled in all times to object to such use of his data.
5.11.4. Use of personal data beyond the uses stated above shall require a separate consent of the Customer. The Customer shall have the right at all times to receive information at no charge concerning his stored personal data and, if applicable, a right to have such data corrected, blocked, or deleted.
5.11.5. picturemaxx shall also treat in a confidential manner all data that relate to the Customer and which the Customer labels as confidential and only use such data in accordance with these GTC. picturemaxx reserves the right to deviate herefrom if data of the Customer have to be disclosed on the basis of statutory or governmental orders.
5.11.6. Upon admission to the Media Network in accordance with subs. 5.2, the Customer shall guarantee picturemaxx and all other participating Customers that the requirements of data protection law are observed with respect to the data that it transfers and shall indemnify picturemaxx from any and all claims of third parties, including those that are of a public law nature.
5.12 Term of the contract
5.12.1 Subject to contrary agreement pursuant to individual contract, the access authorization shall run for an indefinite term and can be terminated by either party by written declaration with a notice period of three months effective at the end of the calendar month.
5.12.2 picturemaxx shall be entitled, in particular, to declare extraordinary termination of the contractual relationship if concrete evidence exists that the Customer is violating statutory provisions, infringing rights of third parties, or these GTC or breaching other contractual agreements with picturemaxx and fails, in spite of a request to refrain from the violation, infringement, or breach, to end such violation, infringement, or breach within a time period of three weeks. The right of extraordinary termination on the part of both parties shall remain unaffected thereby.
5.12.3 At the end of the contractual relationship, the Customer shall be obligated to return all original data media, as well as the complete documentation, materials, and other documents with which it has been provided. Proper return shall also include the complete and final destruction of any existing copies. picturemaxx may renounce the return and demand the deletion of the software and the destruction of the documentation. picturemaxx will expressly inform the Customer if it exercises this elective right.
5.12.4 After the end of the contractual relationship, the Customer shall no longer be authorized to exercise the rights granted to him in this framework; in particular, the Customer shall no longer be authorized to use the access license, participate in the Media Network, utilize the data of other participating Customers made available to him within the framework of the contractual relationship with picturemaxx, or use the trademarks or business names of picturemaxx.