Terms

imiji is available to both consumers and business customers. For the purposes of these terms, (i) "consumers" are users who are not acting for purposes related to their trade, business or profession (§ 13 BGB) and (ii) "business customers" are users who use imiji in the course of their trade or independent professional activity (§ 14.1 BGB).

Any terms and conditions of the user shall not apply, regardless of whether imiji has expressly rejected them in a particular case or not. Terms used herein such as user, consumer, etc. include all genders.

1.1 imiji is a website and mobile application that gives users the opportunity to securely store and share personal media content and to create further media content together with other users – in particular shared albums for weddings and private celebrations. Beyond this service, imiji will develop further features, services and offerings to enhance the user experience (hereinafter referred to as "Services"). imiji gives guests, amateurs and professional photographers the opportunity to store their photos (hereinafter "Works") and share them with others by uploading them, via the imiji app or directly via the website, into the gallery created by the main user.

1.2 imiji reserves the right to modify, restrict, interrupt or discontinue the provision of the Services at any time. In such a case, imiji will notify users in advance where possible. Continued use after a change constitutes acceptance of those changes.

2.1 To use imiji, the user must register and provide information such as an email address, username and password.

2.2 By registering, the user agrees to these terms and to the privacy policy, which can be viewed on this website.

2.3 Only users with unrestricted legal capacity may join the community. Minors are permitted access only with the express written consent of their legal guardians. Upon request by imiji, the user shall submit such consent declaration to support [at] imiji.pics . The legal guardians are solely responsible for the actions of the minor and bear the consequences of any misconduct.

2.4 A user is free to remove their Works from imiji or to completely delete their imiji profile at any time.

2.5 imiji reserves the right to delete a user's account if the user has not used it for 24 months and has not resumed activity within six weeks after imiji has contacted them at the email address stored in the account.

3.1 All data requested during the registration process must be provided completely and correctly, insofar as requesting such data does not violate any data protection laws.

3.2 An imiji profile must be secured with a password. Users must take all necessary steps to ensure the confidentiality of the password. Every user is obliged to notify imiji at support [at] imiji.pics without delay if there are indications that their account is being misused by third parties.

All content that a user wishes to upload and share must comply with these terms and must not, in particular, contain any prohibited content as listed in section 6.

5.1 imiji does not claim ownership of content.

5.2 imiji does not store user data or user profiles with the intention of selling them or making them accessible to other companies.

6.1 The user shall use imiji in accordance with these terms and applicable laws. Any inappropriate or unlawful use is prohibited. In particular, the following is strictly prohibited:

• Uploading and distributing pornographic, offensive, defamatory, obscene, racist, threatening content, content that violates youth protection laws or personal rights, or other unlawful content;
• Uploading and distributing content that has been copied, in whole or in part, from other protected works or materials without the consent of the respective author;
• Uploading and distributing content that impairs or infringes the rights of third parties, in particular personal rights, copyrights or intellectual property rights, and any other rights of third parties;
• Using imiji for advertising purposes;
• Contacting other users to buy or sell products or services;
• Providing false statements or information, or providing the data or information of third parties;
• Using the data or information of other users without their express consent;
• Selling or otherwise transferring the imiji account;
• Attacking imiji using viruses, malware, or in any other harmful manner;
• Altering, manipulating, circumventing, overloading or disrupting imiji and its underlying software and security systems.

6.2 imiji reserves the right to refuse to upload content and to delete or remove content that, in imiji's discretion, violates these terms, the rights of third parties or applicable laws, or otherwise appears unacceptable or inappropriate.

6.3 imiji is entitled to temporarily or permanently suspend a user's account if imiji has concrete reasons to believe that the user is violating these terms, the rights of third parties or applicable law.

7.1 The user is solely responsible for their imiji account. They warrant that they will use the Service in accordance with these terms.

7.2 The user is solely responsible for their content and for all private or public obligations related to their Works. The user warrants that the submitted content complies with these terms and does not infringe the rights of third parties or applicable laws.

7.3 The user shall inform imiji without delay of any breach of these terms or any unauthorized use of imiji by third parties.

8.1 The user shall indemnify imiji, its representatives, employees and vicarious agents against any losses, damages, expenses, costs, proceedings, claims and liability asserted by third parties against imiji arising from acts or omissions of the user.

8.2 This indemnification does not apply to third-party claims arising from imiji's failure to promptly delete or block content after becoming aware of an infringement.

8.3 If such third-party claims are to be enforced, the user shall promptly, truthfully and completely provide imiji with all available information.

9.1 imiji is not obliged to make the Service available to the user. The user has no entitlement to the Services.

9.2 imiji is not in a position to control or monitor any content and is not liable for the availability, accuracy, completeness, currency or lawfulness of content.

9.3 imiji makes every effort to provide a permanent and high-performing Service. Potential outages due to malfunctions or maintenance work must be expected and do not constitute a deficiency in performance.

9.4 imiji is not liable for failure to provide timely performance due to events of force majeure, including computer viruses, acts of terrorism, war, strikes, fire, power outages or epidemics.

9.5 imiji is not liable for losses or damages in connection with content or the exercise of rights and obligations under these terms, unless:

• in cases of damage to life, body or health, of warranty for the characteristics of a product or service, and of fraudulent concealment of defects by imiji, its representatives, employees or agents; or
• insofar as the user is also a consumer – such losses or damages are caused by gross negligence or intent on the part of imiji or its representatives; or
• such losses or damages are caused by imiji's or its representatives' breach of a fundamental contractual obligation and, insofar as the user is a business customer, were foreseeable at the time of the breach.

9.6 The limitation and/or exclusion of imiji's liability shall also apply to the personal liability of its representatives, employees, vicarious agents and agents.

10.1 imiji reserves the right to amend these terms at any time without giving reasons. In the event of an objection, the imiji account will be deleted at the time the new terms take effect.

10.2 These terms are governed solely by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

10.3 With respect to business customers, imiji's registered office is the exclusive place of jurisdiction for all disputes arising from these terms.

10.4 Should any provision of these terms be or become invalid, in whole or in part, the validity and enforceability of the remaining provisions shall not be affected.