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CALVENDO Publishing House Inc. (hereafter designated “CALVENDO”): Terms and Conditions

Status: April 22, 2013 (An older version of our Terms and Conditions can be viewed here: AGB 2012.)

1. Basic principle of CALVENDO

1.1 CALVENDO markets your images and/or texts as calendars (calendars, Easel Calendars (table calendars) etc.) Flipart products (e.g. poster books, Easel Flipart (stand-up mini posters)) and if applicable, further print and digital formats. You create input; we control the production and marketing systems. This makes everything simple and fast.

1.2 CALVENDO demands no fees or cost sharing. Uploads are free of charge. You earn from the first copy of printed material sold. You determine the price. You will also be involved in the profits related to digital formats. The calculation of your payment is checked each year by an accountant and is transparent.

1.3 CALVENDO gives you the exclusive right to create and market calendars, Flipart products and other such printed and digital products. You may make further use of your images, texts and other such content at any time. That is fair.

1.4 CALVENDO requires a common approach for our cooperation; hence these simply-formulated Terms and Conditions. This is partnership.

2. Scope

2.1. These Terms and Conditions [hereafter designated “(this) Agreement”)] govern the contractual relationship between CALVENDO and the creators or users (hereafter designated: “User”) of Calvendo’s Internet Platform (hereafter designated “Platform”). The Platform is used for the creation and release of images, texts, templates and other content (hereafter designated “Content”) on and offline, that is to say in various print (e.g. wall decorations, calendars, poster books (“Flipart products”)) and digital formats as products (designated “Content Products”). In addition to this Agreement, CALVENDO Payment Tables and Data Privacy Statement apply. For each calendar to be released as well as other Content Products, CALVENDO’s Contract of Publication also applies. For further information please read our Questions and Answers List (FAQ).

2.2 The CALVENDO Platform enables Users to create printed and digital Content Products and Templates or contribute to their creation, e.g. by uploading images (photos, illustrations, graphics etc.) and/or texts and/or such content as Templates, and/or by the design of Content Products on the basis of uploaded content. If created Content Products fit into CALVENDO’s publishing program and are selected for publication, CALVENDO organizes the publication and marketing in both the stationary and online trade sectors.

2.3 For the CALVENDO-user(s) business relationship only the version of this Agreement valid at the time of user confirmation, including additional provisions included in this Agreement, is effective. Agreements that deviate from this Agreement shall only be effective if they have been acknowledged in writing by CALVENDO.

3. Changes to this agreement

The user will be notified of changes to this Agreement via electronic communication in a manner permitting the user to store the changes in legible form or print them out. Changes are deemed to have been accepted if the user does not lodge an objection in writing or by electronic means within six weeks of the notification of the changes, or if he/she expressly agrees to the changes beforehand. CALVENDO will make special reference to this consequence to the user, particularly at the time of the notification.

4. Use and registration

4.1 Use of the Platform to create and search for Content Products, e.g. the operation of parts of the publisher, is made available to all Internet users at all times. Usage without registration is possible. To enable access to the entire functionality, and to upload content and Content Products or Templates for publication, registration as a user is required.

4.2 Registration is carried out on the home page or a subpage via the “Register” link and by means of the application form. For his own security, the user receives a confirmatory email with an activation link for confirming the registration.

4.3 Only natural, adult persons with unlimited competence to contract, legal persons and partnerships may register. The registration of a legal person or a partnership is carried out by the authorized representative(s). Each user may only open one account, which is not transferable.

4.4 The user gives his assurance that information he provides in connection with the setting up of his account, e.g. name, address and E-mail address, are correct at the time of them being made available. He undertakes to update the information continuously. To prevent abuse, the user may not use a false identity when registering (i.e. pretend to be another person). On the other hand, the user may select a pseudonym (not externally identifiable) that is assigned to his real name, for the later publication of Content Products.

4.5 The user will not use any username and password, to which he is not entitled.

4.6 For the security of other users, CALVENDO may delete the account of a user who contravenes the duties named in this agreement.

4.7 A user whose account has been deleted by CALVENDO may not create a new account.

5. Uploading of images, texts and other content, user duties

5.1 Images uploaded on the Platform must meet the following requirements:

Format: JPG, color depth: 24 Bit/RGB or gray level images, data compression: 80% or better (Quality Category 10 or better). The file extension must be “.jpg”. To create their Content Products, users working with CMYK images may only use their local layout program and the PDF upload function. Local file names file names may not contain any spaces, special characters or Umlauts (diacritical mark in German).

Resolution: CALVENDO products are printed with at least 150 DPI and maximum 300 DPI. Projects with images, whose resolution would not reach such a printing quality, cannot be published.

Recommended image sizes (height x width):

DIN A2 Portrait format: 7016 x 4961 pixels

DIN A2 Landscape format: 4961 x 7016 pixels

DIN A3 Portrait format: 4961 x 3508 pixels

DIN A3 Landscape format: 3508 x 4961 pixels

DIN A4 Portrait format: 3508 x 2480 pixels

DIN A4 Landscape format: 2480 x 3508 pixels

DIN A5 Portrait format: 2480 x 1748 pixels

DIN A5 Landscape format: 1748 x 2480 pixels

International format (300 mm x 300 mm, = 12 × 12 inches): 3543 x 3543 pixels

Minimum image sizes (height x width):

DIN A2 Portrait format: 4961 x 3508 pixels

DIN A2 Landscape format: 3508 x 4961 pixels

DIN A3 Portrait format: 3508 x 2480 pixels

DIN A3 Landscape format: 2480 x 3508 pixels

DIN A4 Portrait format: 2480 x 1748 pixels

DIN A4 Landscape format: 1748 x 2480 pixels

DIN A5 Portrait format: 1240 x 1748 pixels

DIN A5 Landscape format: 1748 x 1240 pixels

International format (300 mm x 300 mm = 12 × 12 inches): 1772 x 1772 pixels

The image sizes listed here are net sizes, i.e. they do not include the necessary cropping margin of 3 mm for each edge!

File sizes: Individual image files should not exceed a size of 20 MB and Complete PDF layouts may not be larger than 100 MB.

5.2 The user is obligated to provide, fully and correctly, all information and content requested by CALVENDO, e.g. titles, image captions, artist credits and key words.

5.3 The content of images uploaded by CALVENDO is determined exclusively by the respective user. Hence, responsibility for the images and other content itself as well as for all information, data, texts, graphics that the user stores, publishes or transfers by means of the Platform, rests exclusively and unconditionally with the user.

5.4  Within the framework of use of the Platform the user is forbidden:

  • to upload images or content which fully or partly violate statutory determinations, or which, in CALVENDO’s estimation, are illegal, damaging, threatening, abusive, harassing, insulting, glorify violence, are pornographic, liable to corrupt the young or objectionable in any other way.
  • to store, publish or transfer rights, especially those which breach third party patent rights, artistic rights or protection of performance rights, artist’s rights, and trade secrets, and the rights of publicity or ownership.
  • to upload images or content containing software viruses or other information, files or programs intended or liable to disrupt the functioning of computers, software or hardware or telecommunication installations, or to destroy, restrict or in any way manipulate the supply, or alternatively the functioning mode, of the Platform.

5.5 CALVENDO reserves the right, without previous announcement and without providing substantiation, to delete accounts of users who partly or wholly breach the abovementioned user duties.

6. Payment

6.1 CALVENDO undertakes to make payments to users based on the CALVENDO Payment Tables for

each sale of

  • Content Products in printed format published via the Platform that contain at least one of the images uploaded by the user or one of the texts uploaded by the user,
  • each sale of Content Products in printed format uploaded by the user and published via the Platform (cf. CALVENDO Contract of Publication, to be agreed upon for each Content Product in conjunction with the currently valid Payment Tables).
  • the successful sale of digital Content Products containing content uploaded by the user (cf. CALVENDO Contract of Publication, to be agreed upon for each digital Content Product in conjunction with the currently valid Payment Tables).

6.2 CALVENDO undertakes to perform the billing of revenues from sales of Content Products vis-à-vis end customers and the user, or to outsource this to a third party.

6.3 Payment is calculated as a percentage share of accrued net receipts for the Content Products. With regard to concrete content (photos, graphics, texts etc.,) or Content Products, the exact calculation is yielded by the CALVENDO Payment Tables valid at the time of submission, or alternatively, by user confirmation. The amount of the payments depends, inter alia, on whether the user

  • uploads images, texts or other content exclusively, without himself/herself creating Content Products from these, or
  • creates Content Products with his/her own content or
  • creates Content Products with somebody else’s content.

6.4 Payment to the user is calculated on a quarterly basis, after receipt of payment of the billed amount for the sale to the end-customer.

Should sales reports required for billing a distribution partner arrive late at CALVENDO, the user will be billed at latest in the month following the receipt of the required billing. The billing will also be delayed till the following month if a minimum payment of €30.00 (net) is not achieved. Irrecoverable debts and cancellations, payment in excess for an earlier period as well as legal fees accruing from the implementation of this Agreement shall be deducted from the payment.

6.5 CALVENDO is not obligated to make payments if the rights accorded by this Agreement could not be exercised, e.g. if it is ascertained that the exercise of the rights would harm the rights of a third party.

6.6 Should CALVENDO terminate this Agreement because the user is breaching his/her warranties and guarantees, CALVENDO is entitled to delete the account and its contents, and, with regard to the deleted content, the user will lose his/her claim to all payment not yet made to him.

7. Release and publication

7.1 In order not to jeopardize the entire program and therewith the other users, CALVENDO is not obligated to publish content uploaded by the user.

7.2 Uploaded Content Products or Templates are checked by CALVENDO inter alia from the standpoint of legality, technical implementation, completeness of the accompanying information (title, product description, etc.), thematic classification in the publishing program and the general quality impression. The steps are meant to ensure that the CALVENDO publishing program is as attractive and suitable as possible to CALVENDO target groups.

8. Granting of rights

8.1 With the release of content (by images for printed products, e.g. under Upload Image Collections) a user who uploads content onto the Platform and enables it to be used by third parties to create Content Products or Templates, concedes to CALVENDO and any other user, the non-exclusive, irrevocable, spatially unrestricted, to Third Party transferable and licensable right to process the contents, as well as the given metadata, to use the contents jointly to create Content Products andto market these Content Products in print form or digital form, directly or via third parties, in all print formats and digital formats, via all available marketing avenues and digital marketing media. With regard to other users, the exercise of this right is restricted to the CALVENDO Platform.

Included, inter alia, are the right

(i) to copy and distribute the contents (publishing rights), for example as calendars (calendars, table calendars, pocket calendars etc.) hardcover, softcover, book and/or in magazines, newspapers and other collected works, in all formats such as Print on Demand; (ii) to copy and distribute the contents through electronic data carriers (electronic offline rights); (iii) to store the contents in databanks and thereby to put them at the disposal of other users who may then via mobile or non-mobile devices and via any of these transmission methods, store, and/or download and/or restore and use them interactively either individually or any way they like; (iv) to carry out advertising, marketing, transfer, promotion, distribution, sale and other digital or non-digital availability of the contents also to Social Media channels; (v) to alter, expand and develop the content and this adaption of the content to be used, copied, distributed and exploited by oneself. If the user enables third parties (trade or end customers) to access images in his/her personal profile content for personalization or individualization, the user concedes the processing rights to these third parties also mentioned in this Clause 8; (vi) the right to grant German or foreign language licenses nationally and internationally; (vii) the right to complete or partial conditional publication and republication, e.g. in newspapers and magazines, on electronic data storage devices or over Online platforms etc.; (viii) the right to merchandise, that is to say, the right to commercial evaluation of the content through production and sale of the wares and/or the provision of services of all kinds using events, names, titles, charts, figures or other such items related to the content.

8.2 The user is aware that CALVENDO, as publishing house under statutes, could be granted remuneration claims through contractual arrangements and distribution plans from copyright collection societies such as e.g. VG-Wort. Provided therefore that the transfers of rights are necessary, they will take place herewith.

8.3 Further, the user concedes to CALVENDO and any other CALVENDO User the non-exclusive, irrevocable, spatially unrestricted, to Third Party transferable and licensable rights for unknown types of use at the time of conclusion of the Terms and Conditions. New Uses will be adequately remunerated according to §§ 31a, 32c, Copyright Act.

8.4 The granting of these rights applies to all editions and print runs and for all marketing channels, in particular for retail book trades, auxiliary markets, book clubs, open and restricted user circles and/or online platforms.

8.5 The right to grant user rights to Third Parties ends with the termination of the contractual relationship. Existing license agreements are not affected.

8.6 In order to ensure optimal marketing, the user grants CALVENDO, the right to carry out at their discretion all Marketing and sales promotion activities with regards to the sale of contents, especially content used for advertising made available at reasonable or reduced prices. For such Marketing or Sales promotion activities, CALVENDO does not owe any payment or may owe reduced payment. The author may withdraw permission for the use of his/her Work for Marketing and Sales promotion activities at any time.

8.7 If a User makes use of another user’s content to create their own content, and has the authority to do so from another author, this user will retain this authority as protection of the author and their rights, therefore will neither delete nor clear nor make indecipherable any of the content.

9. Warranties, releases and guarantee

9.1 By uploading content, such as Content Products, onto the Platform, a user guarantees and ensures that he is the owner of all required rights to the uploaded content, and that he has at his/her disposal all rights according to this Agreement, especially to grant rights to the uploaded content. The user guarantees and ensures that in the case of images containing persons or groups of persons, or objects or art or design objects identifiable as the property of the depicted parties or alternatively, the owners of the depicted objects or alternatively the artists or royalty collection agencies, if this should be legally required, obtained an effective release declaration or alternatively ascertained by any other means that the intended use of the images after this Agreement is permissible. If the User is a foreign national or uploads any content under foreign legislation, the user guarantees and ensures that this content may also be used under German law in accordance with this Agreement.

If requested, the user shall immediately submit the release declaration and other information and documentation that confirm that the user is the owner of all required rights in terms of this Agreement to CALVENDO. The user gives his/her assurance and guarantees that the information and documents that he provided to CALVENDO on being requested, are up-to-date, complete and accurate. The user empowers CALVENDO, directly or through third parties, to request information required to examine the relevant rights.

9.2 The user guarantees and ensures that neither the exercise of the rights in accordance with this Agreement, nor the material contained on the content, their sale or their marketing in the form of Content Products and Templates, infringe on or violate the intellectual property rights, copyrights or other rights of a person or legal person (or alternatively, of any other legal entities).

9.3 The user guarantees and ensures that all content, such as Content Products uploaded by him meet the requirements determined under Clause 4 of this Agreement as well as all technical specifications.

9.4 The user exempts CALVENDO, its proxy, CEO, employees, affiliated companies, subcontractors and all other users who use his/her content to create Content Products, to the greatest legally permissible extent with regard to all claims, liability claims, damages, actions or actionable claims (including appropriate attorneys’ fees), arising from a breach of the assurances, guarantees or duties of the user elucidated in this Agreement. Moreover, CALVENDO is entitled to commission an attorney of its choice at its own expense to defend and settle such claims or actions. The user is aware that in the case of rights violations of his/her uploaded content, such as Content Products, a complete recall throughout the whole Internet is not likely in most cases. CALVENDO only has control over its own platform in this respect. If content is distributed on Third Party platforms, CALVENDO will strive to support the user with regards to a possible necessary recall of the content.

9.5 If content uploaded by a user consists entirely or partly of elements contained in a design creation software (e.g. fonts), the user shall ensure that he has the rights required by the user conditions to incorporate these elements in the images uploaded by him as well as to their use according to this Agreement.

9.6 The user guarantees and ensures that content, such as Content Products, uploaded on the Platform contain no blocking mechanism, precautionary measures or similar limitations, which might preclude the use envisaged by this Agreement.

9.7 Presently, on CALVENDO the use of images, whose copyrights belong to VG Bild-Kunst, is only allowed with a prior special agreement with VG Bild-Kunst. VG Bild-Kunst protects the copyrights of the members of Professional Group I. The user therefore gives his/her assurance that he is not a member of the VG Bild-Kunst Professional Group I (artists) and will not use any of these images for which VG Bild-Kunst is protecting copyrights or CALVENDO will notify the membership in VG Bild-Kunst or rather the use of images whose copyrights lie with VG Bild-Kunst. Notification is given thus by email to: info@calvendo.com by stating the username and the title or working title. In this case validation is only possible when CALVENDO arrives at a corresponding special agreement with VG Bild-Kunst. CALVENDO has no obligation to transact such a special agreement with VG Bild-Kunst and is able to deny validation to said user and his/her images. Search capabilities for artists with copyrights at VG Bild-Kunst can be found at www.bildkunst.de.

10. Breakdown or delays

CALVENDO endeavours to guarantee maximum availability of the Platform. However, no claim exists for continuous availability. The Platform’s availability can be temporarily restricted on editorial or technical grounds, e.g. “due to routine or required maintenance works”, network or system breakdowns, force majeure, a strike, statutory determinations or other grounds. The user may therefore assert no claims against CALVENDO, irrespective of the legal basis.

11. Limitation of liability

11.1 Compensation claims by the user for damage are excluded. CALVENDO is especially not liable for damages, that might arise from errors, delays or transmission interruptions in the case of malfunctions of the technical systems and Platform, improper contents, loss or deletion of data, viruses or any other cause , which might arise in some other manner at users. User claims for damages resulting from injury to life, body or health, and liability for other damages based on intentional or grossly negligent dereliction of duty by CALVENDOS, its legal representatives or vicarious agents are exceptions to this. The stated limitations are also applicable to CALVENDOS’ legal representatives and vicarious agents if claims are asserted directly against them.

11.2 Any liability of CALVENDOS deriving from this Agreement is limited to the amount of user payments owed in terms of this Agreement over a 12-month period prior to enforcement of the respective claim.

12. Duration and termination

12.1 Should a user no longer use the Platform or wish to remove uploaded contents or Content Products from the Platform for the future, he may do this at any time by deleting his/her account and /or de-activating content or Content Products. However content and Content Products uploaded in the past cannot be deactivated if they are already part of a published Content Product connected with other users’ content or if a removal of a contract already concluded with a Third Party is not possible, or if a removal on such grounds is not possible for CALVENDO. In such cases the right to transfer the rights mentioned in Clause 8, or alternatively the right to grant sublicenses, including the non-time-restricted user rights for all types of use.

12.2 If CALVENDO needs to delete the account of a user due to violations against these user conditions, all his/her uploaded content(s) will likewise be deleted, unless images and content uploaded in the past, and images and contents of the user that do not violate these user conditions have already become part of a published Content Products associated with another user’s images.

12.3 CALVENDO may carry out changes to the Platform at any time and for any reason or delete or upload functions.

12.4 After an account is deleted, all the user’s individual data are permanently deleted as soon as these are no longer required for handling the contractual relationship, e.g. for the payment of remuneration claims.

13. Comments on data processing

13.1 In the framework of the processing of contracts, CALVENDO collects the user’s individual data. In doing so CALVENDO takes heed of the provisions of the Federal Data Protection Act and the Telemedia Act. Without the user’s consent, CALVENDO will only collect, process or use inventory and user data if this is necessary for processing the contractual relationship and for use and billing of teleservices.

13.2 Without the user’s consent CALVENDO will not use individual data of users for the purposes of advertising, market or opinion research.

13.3 For the rest, we draw your attention to the reference to user consent and to further information for data collection, processing and use on the CALVENDO Data Privacy Statement, which is downloadable in printable form on the CALVENDO Platform at any time (see above the link: “Data Privacy Statement").

14. Final provisions

14.1 German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) of 11. 4. 1980 is applicable.

14.2 If the user is a merchant, a legal person under public law, or a special fund, Munich is the sole legal venue.

14.3 The user confirms expressly that he has both read and accepted the determinations of the Agreement at hand as well as the CALVENDO Payment Tables and all additional agreements that, by reference, have become an integral part of the Agreement at hand.

14.4 If CALVENDO should fail to insist on any provision of this Agreement, or to implement it, this should not be interpreted as relinquishment of a provision or a right.

14.5 CALVENDO is entitled to transfer this Agreement to another party without the user’s consent, provided that this party pledged to, remain bound by the determinations of the Agreement.

14.6 If a part of the provisions of this Agreement should be partly or wholly ineffective, then the ineffective provisions or part-provisions must be replaced by the parties, or, if the parties cannot agree, by a competent court , with one or several effective provisions , that represent the content of the ineffective whole or part provision as precisely as possible.

15. Contact

For questions and comments regarding our user terms and conditions:

CALVENDO Publishing House Inc.
Ottobrunner Straße 39
D-82008 Unterhaching
info(at)CALVENDO.com