Terms of Service
LAST UPDATED ON April 08, 2024
General Terms and Conditions for the Use of “FotoFinder hub”
“FotoFinder hub” refers to the services available at https://hub.fotofinder.de/ and all sub domains (“Services”) provided subject to these General Terms and Conditions (“Terms”). “You” or “Your” refers to the individual, company or other legal entity for which you accept these Terms. FotoFinder Systems refers to FotoFinder Systems GmbH as the service provider of “FotoFinder hub”.
1. Acceptance of Terms
1.1 These Terms shall govern the contractual relationship between You and FotoFinder Systems and Your use of “FotoFinder hub” and applications/elements available through “FotoFinder hub”. If You use a free trial of applications/elements through “FotoFinder hub”, these Terms shall also govern Your free trial. Further terms and conditions shall apply upon purchase of a paid premium subscription package, feature, or application.
1.2 Either by checking the box indicating Your acceptance of these Terms, which is displayed as part of the registration process, or logging into “FotoFinder hub”, You agree to be legally bound by the Terms for using “FotoFinder hub”. If You do not agree with these Terms, You should not accept the Terms and should not register to use “FotoFinder hub”.
1.3 If You are accepting these Terms on behalf of a company or other legal entity, You represent that You have the authority to bind such entity to these Terms.
2. Subject Matter; User License
2.1 “FotoFinder hub” provides a web based software for medical professionals that (i) supports users to build a global clinical network, (ii) provides an online community to work in virtual groups and (iii) provides users with tools for secure online image storage, review, transfer and sharing (collectively “Intended Use”). “FOTOFINDER HUB” IS NOT INTENDED FOR PRIMARY DIAGNOSIS, UNLESS EXPLICITLY STATED OTHERWISE, AND IS NOT INTENDED FOR DETAILED TREATMENT PLANNING OR TREATMENT OF PATIENTS.
“User Data” shall mean any information or data submitted, disclosed or shared by You within the online community.
“Patient Data” shall mean any data belonging to patients to be shared with and/or transferred to other users expressly selected and authorized by You.
2.2 Unless authorized by You, FotoFinder Systems shall not take part in any communication between You and other users. If You enter into any agreement or communication with another user by using “FotoFinder hub”, in no event shall FotoFinder Systems become a contracting party to such agreement nor be responsible or liable, directly or indirectly, for any duty, damage or loss caused or alleged to be caused by or in connection with such agreement or communication.
2.3 Subject to the Terms and for the duration of Your Account (as defined below), FotoFinder Systems grants to You a personal, limited, non-transferable, non-exclusive right to access and use “FotoFinder hub” in accordance with these Terms, the user manual and the respective service description of the selected subscription and/or available under “https://hub.fotofinder.de/” and conditions of sale, as applicable, however, restricted to the Intended Use (“User License”).
2.4 You acknowledge and agree that it is technically impossible to achieve 100% availability of “FotoFinder hub”. In particular, FotoFinder Systems shall not be responsible or liable, directly or indirectly, for any unavailability of “FotoFinder hub” caused by circumstances beyond FotoFinder Systems' reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving FotoFinder Systems employees), or internet service provider failures or delays. In the event of planned downtimes, FotoFinder Systems will give at least 8 hours prior notice, if feasible.
3. Registration
3.1 You must register prior to using “FotoFinder hub” by entering all required user information displayed as part of the registration process. You shall not use pseudonyms or pen names.
3.2 You warrant and represent that any information provided by You for registration (“Registration Data”) is accurate and complete. In the event of any changes in the Registration Data, You shall correct such data without undue delay. Due to the fact that FotoFinder Systems is unable to verify whether any user registered with “FotoFinder hub” is in fact the person he/she represents to be, FotoFinder Systems assumes no liability or responsibility for any inaccurate or incomplete user information or noncompliance with these Terms among users.
3.3 You warrant and represent that (i) You are (a) a physician or medical physicist with valid license to practice according to applicable law or a team member of such physician or medical physicist, or (b) an IT administrator associated with a physician or medical physicist with valid license to practice according to applicable law, or (c) a healthcare-related professional that has obtained FotoFinder Systems' prior written approval to use the Services, and (ii) the only purpose of Your registration is to use “FotoFinder hub” in the course of Your professional activity and within its Intended Use, and (iii) You are of legal age at the time of registration, however at least 18 years, having full legal capacity. FotoFinder Systems reserves the right to contact You in order to verify Your representation and Registration Data. For verification, You are obliged to provide adequate proof upon request. FotoFinder Systems may disable access to Your user account until receipt of proof.
3.4 You shall keep Your password secret at all times and avoid disclosing Your password to any third party including FotoFinder Systems at all times. FotoFinder Systems will not ask for your password at any time. You agree to accept responsibility for all activities that occur under your password.
3.5 Your registration for “FotoFinder hub” in the course of the online click-through process shall be deemed to be Your agreement to abide by the Terms including any materials available on “FotoFinder hub” incorporated by reference herein. By activating Your user account, FotoFinder Systems accepts Your request to use “FotoFinder hub”.
3.6 Unless otherwise expressly agreed in writing, You are entitled to register with “FotoFinder hub” only once. You may only establish one (1) user account and may not share Your account with any other user or any other individual.
3.7 Unless otherwise expressly agreed in writing, You shall not register for and use or access “FotoFinder hub” if You are a direct competitor of FotoFinder Systems or offering similar services. In addition, You shall not access “FotoFinder hub” for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. In case of violation, FotoFinder Systems may terminate Your Account with immediate effect.
4. User Obligation; Restrictions on Use
4.1 While using “FotoFinder hub”, You shall be responsible for Your compliance with the Terms, and be solely responsible for Your actions performed under “FotoFinder hub” and the contents of all User Data and Patient Data posted, submitted or otherwise disclosed by You, including its accuracy, quality, integrity and legality.
4.2 You shall not submit or otherwise disclose Patient Data that contain personal identifiable information relating to other individuals, unless You have obtained prior voluntarily informed written consent from the individual concerned or otherwise permitted by applicable law. When submitting or otherwise disclosing Patient Data through “FotoFinder hub”, You warrant and represent that You are authorized to transfer and disclose such data, either by having obtained informed consent from the person concerned or by being duly authorized in accordance with applicable law, and that such transfer and disclosure is not prohibited by any applicable law. Whenever possible, You shall only submit or disclose anonymized or otherwise de-identified data that do not contain personal identifiable information relating to other individuals. You shall not use Patient Data for any other purposes than those specified by the disclosing user. Upon request of the disclosing user or any person entitled, You shall immediately cease using and delete such Patient Data.
4.3 Physicians, medical physicists and other healthcare professionals are bound by medical confidentiality. Therefore, when using “FotoFinder hub”, healthcare professionals are responsible for (a) anonymization of patient data according to applicable laws and regulations or (b) obtaining patients prior written release from medical confidentiality according to applicable laws and regulations. This written release from medical confidentiality has to refer to the processing of Protected Health Information (PHI) at “FotoFinder hub”, a web-based Service owned and operated by FotoFinder Systems GmbH, Germany.
4.4 You shall not use “FotoFinder hub” for any purpose that is unlawful or prohibited by these Terms. You acknowledge and agree that “FotoFinder hub” is released for use in specific countries. You shall comply with all applicable local, state, national and foreign laws, treaties, regulations and third-party rights, including, without limitation, those related to data privacy, international communications, the transmission of technical or personal information, and government regulations.
4.5 You agree that when using “FotoFinder hub”, You will not:
4.5.1 modify, decompile, reverse engineer, disassemble, attempt to discover the source code or algorithms of, or create derivative works based on, any of the Services or any part thereof, or access “FotoFinder hub” in order to build a competitive product or service or to copy any ideas, features, functions or graphics of “FotoFinder hub”;
4.5.2 disable or circumvent any access control or related device, process or procedure established with respect to “FotoFinder hub” or any part thereof. Such prohibited conduct includes, without limitation, any efforts to gain unauthorized access to any Services, other user accounts, computer systems or networks connected to any of the Services, through hacking, password mining or any other means, log into an account with a password not assigned to You, access identifiable information not intended for You, test the security measures on “FotoFinder hub” and/or attempt to identify system vulnerabilities, attempt to disable “FotoFinder hub”, or interfere with the access, use of, or any activities conducted on “FotoFinder hub” by any other user;
4.5.3 transfer, resell, sublicense, rent, lease, lend, assign, copy or otherwise make “FotoFinder hub” available in whole or in part to any third party;
4.5.4 advertise to, or solicit, any user to buy or sell any products or services and to use the information obtained from “FotoFinder hub” in order to contact, solicit, advertise or sell any products or services to any user;
4.5.5 collect information about other users of “FotoFinder hub” for any purpose other than Your use as expressly permitted by these Terms;
4.5.6 distribute or publicly disclose the contents of “FotoFinder hub” or any other user, and/or any information related to “FotoFinder hub”, including but not limited to technical data, product descriptions, and any other information which is readily and reasonably identifiable as confidential based on its nature and/or the circumstances of its disclosure;
4.5.7 use “FotoFinder hub” to send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or in violation of third-party privacy rights, send spam, contests, pyramid schemes, chain letters, junk emails or otherwise duplicative or unsolicited messages, send or store material containing software viruses, worms, trojan horses, malicious code, or other harmful computer code, files, scripts, agents or programs;
4.5.8 defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of other users of “FotoFinder hub” or any third party;
4.5.9 use without authorization any contents protected by law, such as by copyright, trademark, patent, utility patent, or design patent laws, or advertise, promote, offer or distribute any goods or services protected by law.
4.6 You shall refrain from using “FotoFinder hub” beyond its Intended Use, notify FotoFinder Systems immediately of any unauthorized use of any password or account or any other known or suspected breach of security, report to FotoFinder Systems immediately and use reasonable efforts to stop immediately any copying or distribution of content that is known or suspected by You using Your account, and not impersonate another user or provide false identity information to gain access to or use “FotoFinder hub”.
4.7 You shall be responsible for obtaining and maintaining of technical equipment, resources and other requirements needed to access and use “FotoFinder hub”, including but not limited to computer hardware, software, communication devices and internet access (“Equipment”). Any costs arising out of or in connection with the Equipment shall be borne by You.
4.8 Without limiting the foregoing, FotoFinder Systems may disable, restrict access to or the availability of “FotoFinder hub” if it determines any of the restrictions on use have been violated. FotoFinder Systems may also delete any content, information or other material that FotoFinder Systems deems to be illegal, offensive or otherwise in violation with the Terms.
5. Subscriptions; Fees; Free Trial; Payment
5.1 “FotoFinder hub” offers three types of subscription accounts. Details on Paid Subscriptions are provided on “https://hub.fotofinder.de/”.
5.2 If You purchase Paid Subscription(s), You agree to pay all indicated fees (“Fees”). FotoFinder Systems may increase Fees or add new fees for any Paid Subscription(s) provided under the following conditions:
5.3 Changes of Fees will apply for any subsequent Renewal Period of current Paid Subscription(s). FotoFinder Systems will inform You about such changes at least thirty (30) days in advance. Changes of Fees shall be deemed to have been approved by You, unless You indicate disapproval before the proposed date of entry into force. If You disapprove, Your Paid Subscription(s) will terminate at the end of the Initial Term or current Renewal Period.
5.4 If You purchase Paid Subscription(s), access to such Paid Subscription(s) shall be electronically delivered following receipt of purchase order and Hub ID. You shall receive electronic notification of Your Paid Subscription(s) delivery.
5.5 FotoFinder Systems may make one or more Services available to You on a trial basis free of charge until the earlier of Your or FotoFinder Systems' termination at any time, the end of the trial expiration period, or the start date of any subscription period or Paid Subscription(s) ordered by You. Additional trial terms and conditions may appear in the course of the registration for such trial and shall be incorporated into these Terms.
5.6 Payment can be made by using the available payment methods when ordering Paid Subscription(s). Unless otherwise stated, Fees are based on the Paid Subscription(s) selected, regardless of its actual usage, and due and payable immediately in the indicated currency. Payment obligations are non-cancelable and Fees paid are non-refundable (except as set forth in section 6.7 below). You are responsible for maintaining complete and accurate billing and contact information.
5.7 Unless otherwise stated, Fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (“Taxes”). You are responsible for paying all Taxes associated with Your purchases hereunder. If FotoFinder Systems has the legal obligation to pay or collect Taxes for which You are responsible under this Section, the appropriate amount shall be invoiced to and paid by You. You shall provide FotoFinder Systems with any information FotoFinder Systems requests to comply with such legal obligations.
6. Responsibility for User Data and Patient Data
6.1 You shall be solely responsible for any User Data and Patient Data posted, submitted or otherwise disclosed by You and verification of the identity of any other user You share such data with and/or transfer such data to. You are also required to follow the rules and regulations of Your professional law. FotoFinder Systems will not monitor, examine, supervise or otherwise control any exchange of data, nor content of User Data and Patient Data.
6.2 User Data and Patient data will be stored in an encrypted database. You acknowledge and agree that FotoFinder Systems and/or third-party access may not be completely excluded for Your FotoFinder Systems ID information (FotoFinder Systems ID, email address and password hash). You are solely responsible to ensure that Your User Data does not contain any protected patient information or any other sensitive or confidential information.
6.3 FotoFinder Systems does not make any warranties or representations regarding any User Data or Patient Data and/or information provided or made available by any user on “FotoFinder hub”. FotoFinder Systems does not warrant or represent that any such data/or information is true or accurate, or that it fulfills or serves any particular purpose.
6.4 You shall report to FotoFinder Systems any activities of any other user of “FotoFinder hub” which violate applicable laws and/or any of these Terms.
6.5 FotoFinder Systems and/or its affiliates may offer remote support services in connection with the Services. You acknowledge and agree that, when using such remote support services, FotoFinder Systems and/or its affiliates may see Patient Data that contain personal identifiable information. You warrant and represent that You are authorized to disclose such data to FotoFinder Systems and/or its affiliates, either by having obtained informed consent from the person concerned or by being duly authorized in accordance with applicable law, and that such transfer and disclosure is not prohibited by any applicable law. Whenever possible, You shall only disclose to FotoFinder Systems and/or its affiliates anonymized or otherwise de-identified data that do not contain personal identifiable information relating to other individuals.
6.6 Any such consent - besides to being in compliance with all applicable statutory requirements - has to include clear notice on the relevant personal data being potentially accessible for FotoFinder Systems GmbH, Industriestr. 12, 84364 Bad Birnbach, Germany and the storage on server instances of Amazon Web Services Inc., Ireland in an encrypted form. FotoFinder Systems shall have the right to request from You sufficient proof for obtaining proper consents. The above principles shall also apply to the releases from medical confidentiality, where required.
7. Ownership; Third Party Licenses; Feedback
7.1 You acknowledge and agree that FotoFinder Systems and/or its licensors own all legal right, title and interest in and to the Service, and any software provided to you as a part of and/or in connection with “FotoFinder hub” (“Software”), including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Service and Software contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree that neither You nor any third party shall obtain any express or implied rights in or to any part of “FotoFinder hub”.
7.2 For the avoidance of doubt, FotoFinder Systems does not claim ownership of User Data and Patient Data You submit or make available through “FotoFinder hub”.
7.3 In the event You elect, in connection with any of the Services, to communicate to FotoFinder Systems suggestions for improvements relating to “FotoFinder hub” (“Feedback”), FotoFinder Systems shall own all right, title and interest in and to the Feedback. FotoFinder Systems shall be entitled to use Feedback in its sole discretion and without restriction. You hereby assign all right, title and interest in and to the Feedback to FotoFinder Systems and agree to provide FotoFinder Systems assistance as may be required to document, perfect, and maintain the rights to the Feedback.
8. Term and Termination
8.1 You may terminate Your User Account at any time without cause by providing written notice. If You choose to terminate your user account, please note that all fees are non-refundable. FotoFinder Systems may terminate Your User Account without cause by giving thirty (30) days written notice to You.
8.2 FotoFinder Systems may terminate Your Account or parts of Services with immediate effect upon notice if You materially breach any of these Terms.
8.3 FotoFinder Systems may also terminate Your Account or parts of Services with immediate effect upon notice (a) if any of the Services is not in conformity with applicable laws and legal conformity cannot be ensured within a reasonable time, or the establishment of such conformity would be unduly burdensome or otherwise unlawful for FotoFinder Systems, or (b) in order to comply with applicable law or requests of governmental entities, or (c) if FotoFinder Systems' relationship with a third party who provides services or any other technology necessary to provide “FotoFinder hub” to You expires, terminates or requires FotoFinder Systems to change the way of use of such services or other technology as part of “FotoFinder hub”, or (d) FotoFinder Systems is no longer able to provide Services due to circumstances beyond FotoFinder Systems' reasonable control, or (e) if FotoFinder Systems has, in its sole discretion, decided to suspend or no longer offer “FotoFinder hub” by providing at least three (3) months prior notice.
8.4 Upon termination of Your Account, FotoFinder Systems shall be relieved of any obligations to grant access to “FotoFinder hub” and to provide any Services.
8.5 Upon termination of subscriptions with FotoFinder Hub, whether by You or FotoFinder Systems, the following provisions shall apply:
i. Data Access & Retrieval: After termination date You can access and retrieve your data via Read Only mode.
ii. Data Deletion: On your request FotoFinder Systems will delete Your data. FotoFinder Systems will ensure that all user data is securely erased from its systems in accordance with industry’s best practices, unless retention is required by law.
9. Modifications
9.1 You acknowledge and agree that FotoFinder Systems may restrict, alter or reduce Services, or modify these Terms or any policy, agreement or other terms referenced in the Terms at any time by providing to You a revised version of the Terms or the respective document (“Revised Terms”) in accordance with section 9.2 below. Modifications to the “FotoFinder hub” Privacy Policy shall be in compliance with the provisions set forth therein.
9.2 FotoFinder Systems will give You at least six (6) weeks' notice of any modification of the Terms by sending You an email. Revised Terms shall be deemed to have been approved by You, unless You indicate disapproval before the proposed date of entry into force of Revised Terms (“Effective Date”). FotoFinder Systems shall expressly draw Your attention to this consequent approval. FotoFinder Systems may also implement a mechanism for Your acceptance of Revised Terms, such as a click-through confirmation, a check-the-box confirmation or an acceptance button.
9.3 You acknowledge and agree that Your Individual User Account and Your continued use of “FotoFinder hub” is subject to Your acceptance of Revised Terms. If You disapprove or do not accept Revised Terms before the Effective Date, Your membership will terminate effective the end of the day prior to the Effective Date.
10. No Medical Advice
FotoFinder Systems is not a healthcare institution or medical facility and neither FotoFinder Systems nor “FotoFinder hub” provide any medical advice. You are solely responsible for all medical decisions, including the interpretation of any Patient Data, and any diagnosis, treatment or treatment plan, made by You as the result of the use of FotoFinder hub. You acknowledge that image capture, image processing and image display also depend on Your specific computer hardware environment and corresponding system settings which are beyond FotoFinder Systems' reasonable control. FotoFinder Systems does not warrant that the image representation through “FotoFinder hub” will be free from any hardware-based display errors such as image distortions, color deviations or poor contrast and brightness values. IT IS THE SOLE RESPONSIBILITY OF YOU AND ANY OTHER USER, PHYSICIAN OR MEDICAL PHYSICIST INVOLVED TO ANTICIPATE THE POSSIBILITY OF SUCH DISPLAY ERRORS IN INTERPRETING IMAGES VISUALIZED THROUGH “FOTOFINDER HUB”.
11. Indemnification
11.1 You shall indemnify and hold harmless FotoFinder Systems from all actions, including claims, demands, suits, or proceedings made or brought against FotoFinder Systems by other users or third parties resulting from an infringement of their rights by User Data or Patient Data disclosed by You, or regarding the use of “FotoFinder hub” by You. You assume all reasonable attorneys' fees, costs, and expenses incurred due to an infringement of third party rights. All other rights, including damage claims by FotoFinder Systems shall remain unaffected. You may give prove that FotoFinder Systems incurred lesser charges than claims made.
11.2 In the event any User Data or Patient Data disclosed by You infringes any rights of any third party, You shall, at Your own expense, either obtain the right to use such data or render such data free of any infringement. In the event You infringe third party rights when using “FotoFinder hub”, You shall discontinue such use that violates these Terms or applicable law.
12. Limitation of Liability
12.1. FotoFinder Systems shall be liable only for damages (i) to the extent they have been caused by FotoFinder Systems negligent or willful breach of an essential obligation under these terms; liability for negligence in this respect shall be limited to foreseeable damages; or (ii) to the extent they have been caused by gross negligence or intentional misconduct on FotoFinder Systems' part. Essential obligations are those that enable the realization of the contractual relationship in the first place and on observance for which the parties may regularly trust. The foregoing shall apply for any and all claims, including but not limited to tort claims.
12.2. The limitation of FotoFinder Systems' liability as set forth in 12.1 shall not apply to damages caused by FotoFinder Systems' gross negligence or willful misconduct, bodily injuries, compromised health or death or to any claims under the German product liability act.
12.3. You shall indemnify and hold harmless FotoFinder Systems from all actions, including claims, demands, suits, or proceedings made or brought against FotoFinder Systems by third parties resulting from an infringement of their rights by any of Your actions or omissions, including but not limited to the disclosure of user data or patient data. You assume all reasonable attorneys' fees, costs, and expenses incurred due to an infringement of third party rights. All other rights, including but not limited to damage claims by FotoFinder Systems shall remain unaffected.
13. Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, FOTOFINDER SYSTEMS MAKES NO WARRANTIES, GUARANTEES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION, CAPACITY, SPEED, FUNCTIONALITY, QUALIFICATIONS OR CAPABILITIES OF “FOTOFINDER HUB” OR ANY GOODS OR PERSONNEL RESOURCES PROVIDED HEREUNDER, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. FOTOFINDER SYSTEMS DOES NOT WARRANT ANY PARTICULAR RESULTS THAT MAY BE OBTAINED BY THE USE OF “FOTOFINDER HUB” OR THAT THE SERVICES OR ASSOCIATED SYSTEMS WILL OPERATE IN AN ERROR-FREE OR UNINTERRUPTED MANNER, OR IN COMBINATION WITH THIRD PARTY PRODUCTS.
14. Data Protection
14.1 FotoFinder Systems recognizes that any data provided by You to “FotoFinder hub” may be important to You and requires safe and secure data handling. FotoFinder Systems shall comply with applicable legal provisions regarding data protection. In particular, FotoFinder Systems shall not provide or otherwise disclose any personally identifiable information of You to any third party without authorization. Details are given in the “FotoFinder hub” Privacy Policy.
14.2 If FotoFinder Systems is required to disclose any data provided by or belonging to You by a court order, an order of any public authority, or by law, FotoFinder Systems shall give immediate notice thereof to You. In the event that FotoFinder Systems is required to disclose data to which FotoFinder Systems has no access rights, You shall assist and cooperate with FotoFinder Systems in order to follow and comply with any of such requirements.
14.3 If You practice medicine in the USA or if You change the country where You practice medicine to the USA at a later time, You are required to accept the Business Associate Agreement (“BAA”). Any of Your protected health information, as such term is defined in the Health Insurance Portability and Accountability Act (HIPAA), shall only be used or disclosed as set forth in the BAA. If You are unsure whether the BAA is applicable for You, You must contact FotoFinder Systems.
14.4 According to European data protection laws and the fact that some of the processing activities may occur within the European Union (e.g. data access for support reasons) the parties are required to enter into a separate data processing agreement according to the General Data Protection Regulation (GDPR). For that purpose You accept during the registration the terms of such data processing agreement accordingly.
15. Compliance with Law
“FotoFinder hub” is provided solely for lawful purposes and use. Without limiting the other Terms, You agree to be solely responsible to comply with all laws, statutes, ordinances and/or regulations (including without limitation the laws and regulations governing export control, unfair competition, anti-discrimination, false advertising, privacy and data protection, and publicity) (collectively, “Laws”) applicable to You and Your business and Your use of the Services. You will not directly or indirectly ship, transfer, export or transmit the Services into any country or permit or authorize use by any person in any manner prohibited by export laws, restrictions, or regulations of any applicable jurisdiction. The parties agree that FotoFinder Systems may in its sole discretion make changes to any of the Services from time to time as may be reasonably necessary or appropriate for FotoFinder Systems to comply with applicable Laws.
16. Notices
16.1 By providing us with Your email address, You agree to receive all required notices electronically by using that email address. It is Your responsibility to update or change Your email address as appropriate.
16.2 Notices to You will be provided by email or as notification within “FotoFinder hub”.
16.3 Unless otherwise stated, Your notices to FotoFinder Systems shall be sent by email to legal@FotoFinder.de.
17. General Provisions
17.1 This Agreement shall be governed by the laws of the Federal Republic of Germany excluding conflict of laws provisions.
17.2 Exclusive place of jurisdiction shall be Passau, Germany.
17.3 You may not assign any of Your rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of FotoFinder Systems. Notwithstanding the foregoing, to the extent permitted by law, FotoFinder Systems may assign rights and obligations relating to “FotoFinder hub” in whole or in part, without Your consent, to its affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of You. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.
17.4 In case any of the provisions of these Terms shall be held to be invalid or unenforceable in any respect, the remaining provisions shall remain in full force and effect. The invalid clause shall be replaced by such a valid clause which comes closest to the commercial intention of the parties.