Last updated: 30.09.2012
1.1 CALVENDO markets its images and texts as calendars or poster albums. You create input; we control the production and marketing systems. This makes everything simple and fast.
1.2 CALVENDO requires no fees or cost sharing. You earn from the first copy sold. You determine the price. The fee calculation is checked each year by an accountant and is transparent.
1.3 CALVENDO gives you the exclusive right to create and market calendars and poster books. You may make further use of your images at any time. That is fair.
1.4 CALVENDO requires a common approach for our cooperation, hence these simply-formulated Terms and Conditions (AGB). That is partnership.
2. These Terms and Conditions [designated “(this) Agreement”)] govern the contractual relationship between CALVENDO and the creators or users of Calvendo’s Internet Platform (designated “Platform”) during the creation and release of calendars, poster books and other Wall Decorations (hereafter designated “Wall Decorations”) via the Platform. In addition to this Agreement, CALVENDO’s Fee Tables and the CALVENDO Data Protection Declaration applies. For each calendar to be released, as well as other Wall Decorations, CALVENDO's Contract of Publication also applies. For further information please read our Frequently Asked Questions (FAQ).
2.2 The CALVENDO Platform enables artists to create printed and digital Wall Decorations (calendars, poster albums etc.) or contribute to their creation, e.g. by uploading images (photos, illustrations, graphics etc.) and texts and /or of the design of Wall Decorations on the basis of uploaded content. If created Wall Decorations 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.
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. They 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 expressly agrees to the changes beforehand. CLAVENDO will make special reference to this consequence to the user, particularly at the time of the notification.
4.1 Use of the Platform to create and search for Wall Decorations, 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 Wall Decorations (calendars, poster collections etc.) 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 Wall Decorations.
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
5.1 Images uploaded on the Platform images must meet the following requirements:
Format: JPEG, color depth: 24 Bit/RGB or gray level images, data compression: 80% or better (Quality Category 10 or better). The file extension in the case of JPEG must be “.jpg”. To create their Wall Decorations, 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
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
File sizes: Individual image files should not exceed a size of 20 MB; 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. Within the framework of use of the Platform the user is forbidden:
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.
6.1 CALVENDO undertakes to pay users a fee for each sale of
6.2 CALVENDO undertakes to perform the billing of revenues from sales of Wall Decorations vis-à-vis end customers and the user, or to outsource this to a third party.
6.3 The fee is calculated as a percentage share of accrued net receipts for the Wall Decorations. With regard to concrete images (photos, graphics, etc.,) or Wall Decorations, the exact calculation is yielded by the CALVENDO’s Fee Tables valid at the time of submission, or alternatively, by user confirmation. The size of the fee depends, inter alia, on whether the user
6.4 Fees are 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 fee of €30.00 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 fee.
6.5 CALVENDO is not obligated to pay a fee, 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 fees not yet paid to him.
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 Wall Decorations 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.
With the release of images and content (under “upload images” ? “upload now”) a user who uploads content onto the Platform and enables it to be used by third parties to create Wall Decorations, concedes to CALVENDO and any other user, the non-exclusive, irrevocable, spatially unrestricted, transferable right to process the images and contents, as well as the given metadata, to use the images and contents jointly to create Wall Decorations andto market these Wall Decorations 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 store the images, contents and texts contained therein; (ii) to make them publicly accessible, carry out advertising, marketing, transfer, promotion, distribution, sale and other digital or non-digital supply of the images and contents or of parts thereof respectively, (iii) to alter, expand and develop the images and content, including, in each case, the use and copying of the ensuing results without quantity limitation, as well as their circulation. If the user enables third parties (trade or end-customers) to access images in his/her personal profile images, calendars, Wall Decorations or other content for personalization or individualization, the user concedes the processing rights mentioned in this Clause 8 to these third parties too.
9.1 By uploading images, texts or other content 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 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 images, their sale or their marketing in the form of Wall Decorations infringe on or violate the intellectual property rights, copyrights or other rights of a person or legal person (or alternatively, of other legal entities).
9.3 The user guarantees and ensures that all images 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 photos to create Wall Decorations, 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.
9.5 If an image uploaded by a user consists entirely or partly of elements contained in a design creation software, 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 images uploaded on the Platform contain no blocking mechanism, precautionary measures or similar limitations, which might preclude the use of the images envisaged by this Agreement.
9.7 The user gives his/her express assurance that he is not a member of the VG Bild-Kunst collecting society.
CALVENDO endeavors 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.
11.1 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 CALVENDO deriving from this Agreement is limited to the amount of user fees owed in terms of this Agreement over a 12-month period prior to enforcement of the respective claim.
12.1 Should a user no longer use the Platform or wish to remove uploaded images, contents or Wall Decorations from the Platform for the future, he may do this at any time by deleting his/her account and /or de-activating images and Wall Decorations. However images and content uploaded in the past cannot be deactivated if they are already part of a published Wall Decoration connected with other users’ images. 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 Wall Decoration 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.
13.1 In the framework of the processing of contracts, CALVENDO collects the user’s individual data. In doing so it 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 Protection Declaration, which is downloadable in printable form on the CALVENDO Platform at any time (see above the link: “ Data Protection Declaration).
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 Fee 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.