These terms and conditions regulate the relationship between you (the member) and the website STRKNG as well as dealing with your photographs and information. As called STRKNG, we understand this site, and possibly other forms of media, such as special apps for mobile devices.

  1. Membership

    1. Participation is open to everyone over the age of 18. Children under the age 18 require the consent of a legal guardian to open an account and submit their work to a portfolio.
    2. You agree to register with a valid e-mail address. All personal data has to be stated truthfully and your account kept up to date.
    3. Membership is free and begins with the confirmation of membership by STRKNG after successful registration. Membership is free. After successfully registering with STRKNG you receive a confirmation of membership. An annual subscription to an extended VIP-Account can be purchased to add further functions to your account.
    4. You agree to operate only one user account on STRKNG. If your account has been blocked, or you no longer can log in for any other reason, you are not authorized to create a new account, without the written consent of STRKNG.

  2. License Grant

    1. STRKNG is hereby granted rights to display and store your content on STRKNG in different sizes. All image rights remain with you and you will always be named as the right holder (and other people who were stated by you) in connection with your image on STRKNG.
    2. STRKNG gets the right to make your images shareable to social networks (e.g. Facebook, Google+, Twitter), therefor so-called "share buttons" will be displayed in context with your images.
      (Note: With the use of share buttons we can improve the formatting of shared information.)
    3. STRKNG receives the right to promote your profile and/or your photos on social networks and/or other digital and analogue channels in the context of STRKNG. Your pictures are always published with your name and where possible with a link to your profile.
      If you do not want this, disable the function "PromoteMe" in your settings, which is enabled by default. The settings of the function "PromoteMe" have no effect on the general "share buttons", as described in 2.ii.
      If any images with the “PromoteMe” function enabled had already been published on social networks and other media, they will not be deleted from these sites in case this function will be deactivated to a later date.

  3. Content

    1. Images are only permitted to be added in the specified topics. Images that do not match the criteria in that topic can be moved to a different topic or deleted at any time without notice for any reason.
    2. Topics with offensive, pornographic, racist, violent, discriminatory or other illegal content are not allowed and will be deleted. If a user violates these terms several times against our directive, he/she can be permanently excluded from STRKNG.
    3. We reserve the right to review your pictures and posts, edit, delete or block if they violate your membership obligations or the law. This also applies in cases of suspected infringement. We may delegate this right, for example, to other members. A claim for publication of images or contributions does not exist.

  4. Guarantees and indemnifications

    1. You warrant that you have all the required permits and sufficient rights to publish your content on STRKNG, in agreement to all the provisions in these terms and conditions.
    2. You set us free from all third party claims against us which are based on your submitted content e.g. infringement of their rights, particularly copyrights, licensing, competition or other proprietary rights. You have to compensate us the costs of any legal proceedings that arise as a result of your infringing content. You agree to assist us in the case of a legal dispute based and claims of third parties on your content, in particular to provide us with all documents necessary for the defence.
    3. You warrant that you have all the necessary model releases to publish images on STRKNG - that are in agreement with all the provisions stated in these terms and conditions - that show one person or several people.
    4. You warrant that you hold all necessary property releases (architecture, sculpture, ...) in your images to publish them on STRKNG, in agreement with all the provisions stated in these terms and conditions.
    5. You warrant that your images do not contain any illegal content and / or in itself constitute illegal material.
    6. You warrant that your photo does not violate the personal integrity and privacy of the individual, offend anyone, defame or discriminate.
    7. You agree to indemnify STRKNG for all expenses arising from damage caused by you as a result of any breach of the warranties under this Section 3.
    8. If you violate the rules of these terms and conditions, your account may be banned or deleted for a limited period or permanently. If a paid account exists, we will not refund you any costs as a result of a cancellation or revocation.

  5. Contract Period / Termination

    1. This contract is effective for an indefinite period and is free in its basic version.
    2. It is mutually terminated.
    3. An optional VIP-account will be made for a period of 12 months.
    4. You can remove your account at any time by deleting your master data in your account. In this case, all data is lost and a refund of an existing VIP-account will then not occur.
    5. A VIP-account will automatically be changed to an open-ended basic free account after the expiry of the VIP-account period.
    6. If any violation of these terms and conditions occurs the contract can be terminated by us immediately. A claim for a refund of an existing VIP-account does not take place in case of termination for cause.
    7. A basic account can be canceled by us anytime without giving a reason. A cancellation of a basic account is effective at the end of the canceled month.
    8. A paid VIP-account can be canceled by us anytime. A cancellation of a VIP-account is effective at the end of the canceled month, a proportionate balance will then be refunded by us.

  1. Definition of portfolio shop, products and marketplace

    1. In a participant's portfolio it is possible to sell products, the participant then becomes the shop owner.
    2. The portion of the portfolio of products for sale, we call the portfolio shop.
    3. The products in the portfolio shop are classifieds for private individuals, or commercial goods for traders
    4. The sum of the products are also advertised in the marketplace by STRKNG.
    5. End customer refers to a buyer of a product in the shop

    The following terms and conditions regulate the relationship between you (the member = shop owner) and the STRKNG portal especially for portfolio shops.

  2. Legal basis

    1. STRKNG is a portal based in Germany, i. We are obliged to German law. Everyone is responsible for obeying the laws of their country and paying taxes properly.
    2. In addition to a classified ad market, we also offer the possibility to set up a portfolio shop on STRKNG for traders with the shop function.
      Traders are obliged to provide the necessary information, according to the laws of their country, to the shop.
      Through our shop Settings we provide assistance with the establishment of a commercial shop especially for the German market.
      This assistance can not replace a legal advice of course.
    3. We do not take over guarantee for wrongly or incompletely provided information to the shop and can give no legal advice.
    4. We are happy to receive any suggestions for improving our formal infrastructure.

  3. Individuals

    1. A use of the shop function as a private person is possible. These are then the contributions to classifieds, or "hobby" under German law.
    2. The shop owner hereby confirms that he duly taxes any sales according to the laws of his country.
    3. Even if private persons are not imprint-liable, the collection of personal information is necessary for the shop operation. (Clear name, address) These are not published and stored only for end user security and billing purposes.
    4. If an optional telephone number is specified in the settings, it will be published in the portfolio shop. If necessary, it facilitates contact by the end customer.
    5. Inquiries by the end customer will be sent to the specified e-mail address, this must be valid and active.
      The e-mail address will not be published in private individuals.

  4. Tradespeople

    1. A legally correct and binding input of the shop settings is a prerequisite for your shop, including for traders:
      1. Personal address and tax information / imprint
      2. Conditions
      3. Information on the right of withdrawal
      4. Data protection
    2. We help you with the setup with tips and links, but you are responsible and liable for your shop.
    3. The switching of the shop in your portfolio, or the products in the market place takes place only after complete input of the shop attitudes as well as release of the first product.
    4. Incomplete or incorrect information can lead to a closure of your shop, even later. Existing display bookings will not be refunded in this case.

  5. Product admission

    1. Only products that meet our gallery concept can be sold in the shop / marketplace.
    2. A higher edition is allowed in one contribution, but not different products.
    3. We reserve the right to refuse products that do not fit into our concept, that are not fully declared or that do not reach a minimum quality level.
    4. A claim to the publication does not exist.
    5. A product rejection occurs without justification.

  6. Fees / display duration

    1. After the editorial release, the display period of the product contribution must be booked for a fee.
    2. There is no sales commission.
    3. The display time can be extended at any time by re-booking (then without editorial check).
    4. VIP members receive a free 3-month coupon for a product ad for each purchased year of STRKNG membership .

  7. Contract term / termination

    1. The contract period corresponds to the booked advertisement period.
    2. It can be terminated on both sides.
    3. You can end your ad at any time by deleting the product. All product data is lost. A reimbursement of the proportionate amount for a paid booking is then not.
    4. A paid booking can be terminated at any time by us to the end of the month, with any remaining amount is refunded by us.

  8. Transactions

    1. Our goal is to give the visitors of STRKNG the feeling of a high quality gallery visit. The feeling should of course also be found in the products offered and in the processing of an order. Of course, in our view, this includes:
      1. Truthful descriptions
      2. Fast response times (even with revocations)
      3. Easy to contact
      4. Good packaging and reasonable prices for shipping

    2. Negative feedback on the settlement of the transaction by the buyer (s) may result in the closing of the shop or, in willful cases, immediate closure of the portfolio (see Termination for good cause in the terms and conditions).

  9. Limitation of liability

    1. STRKNG is liable in accordance with the statutory provisions for intent and gross negligence on the part of STRKNG, its legal representatives, officers or other vicarious agents. The same applies to the assumption of warranties or other no-fault liability as well as claims under the Product Liability Act or culpable injury to life, limb or health. STRKNG is basically liable for STRKNG, its representatives, executives and simple vicarious agents caused simply negligent violations of essential contractual obligations, ie such obligations on the performance of which the user regularly trusts and trust in the proper performance of the contract, but in this case the amount after limited to the typical, foreseeable damage.
    2. Eine weitere Haftung von STRKNG ist ausgeschlossen.
    3. Insofar as the liability of STRKNG is excluded or limited, this also applies in favor of the personal liability of its legal representatives, executives and simple vicarious agents.

  10. Exemption

    1. The user indemnifies STRKNG from all claims that other users or other third parties assert against STRKNG for infringement of their rights by offers and other content posted by the user via the STRKNG services or due to its other use of STRKNG services. The user assumes the costs of the necessary legal defense of STRKNG including all court and legal fees in the statutory amount. This does not apply if the infringement is not the responsibility of the user. In the event of a claim by a third party, the user is obligated to provide STRKNG immediately, truthfully and completely with all information necessary for the examination of the claims and a defense.