1.1. The following General Terms and Conditions and the General Data Protection Statement (hereinafter together “Conditions”) contain a legal agreement between you and Comparison Pty Ltd, PO Box 260 Winston Hills, New South Wales, 2153, Australia, (hereinafter “Scenery”) regarding your use of Scenery Services (the term “Scenery Services” includes all domains, software and apps, under which or by means of which Scenery offers content and services) or such content and services that are offered to you in connection with Scenery Services (hereinafter summarised as “Services”). By way of clarification, this also applies if an order is given or a service or a product is accepted, the contract is created with Scenery unless expressly provided to the contrary. Scenery does not accept contradictory terms from the contracting parties without express confirmation in writing by Scenery. If you do not wish to be bound by these Conditions, then you may not use the Services. The Conditions apply to all future commercial relations without the need for a new express agreement to that effect.
1.2. Scenery is software that enables you to place your graphics, pictures, etc. interactively on the screens of photographic device images and in this way to create, save and use compositions of your graphics, pictures, etc. with the device images (hereinafter “Compositions”). You can download the Scenery app to do this for free below. You can use the Scenery app to create different Compositions by placing your graphics in the devices shown. If you want to use a Composition for additional purposes, you can acquire the right of use pursuant to clause 5 for an appropriate fee.
1.3. Scenery reserves the right to change the Conditions at any time and without stating the reasons. The changed Conditions will be communicated to the user in a suitable way, usually by email. They will be considered to be agreed if the user does not reject them within a period of 14 days after receipt of notice. Rejection must be made in writing, that is, at least by email. The notification will alert the user specifically to the possibility to reject the change(s), the deadline, and the consequences of inaction.
The Services are provided to natural or legal persons or to legal entities that use the Services for the purpose of creating Compositions and any other further uses.
3.1. In order to use the Services, you must register to open a user account.
3.2. The user account is a personal account and not transferable. You may not share your user account with a third party.
3.3. You can register by completing the registration form and sending all information to Scenery.
3.4. You must confirm that all entries in the registration procedure are complete and current, as well as true. In the event of non-compliance, the user account may be cancelled without prior notice and without creating grounds for claims against Scenery. Scenery can ask the user at any time to provide proof of their identity and/or other circumstances that constitute conditions for registration.
3.5. A password will be provided at the time of registration. You must ensure that no other person obtains knowledge of your personal password.
3.6. You hereby agree that you are solely and without limitation responsible for all activities on your user account. This applies particularly to all data, pictures, information, videos, texts or other content stored, created and/or published through your user account. Regarding such content, you confirm that the contents do not violate the law or the rights of others and that you possess all required licences, rights and approvals necessary for their use in a Composition and their use.
3.7. You must inform Scenery immediately of any misuse of your password or user account and you are responsible to Scenery for any misuse of your user account for which you are liable.
4.1. Termination according to the Conditions of the existing legal agreement between you and Scenery must comply with the rules in these Conditions. In the event of termination, Scenery will delete all data stored for you.
4.2. In the event that the user and/or the user account of the user has failed to comply with their obligations according to the Conditions and applicable law, Scenery may, according to the Conditions of the legal agreement between you and Scenery, at its own discretion and without prior notice, terminate the contract at any time by deleting the relevant user account. The decision about the existence of a violation of obligations will be made by Scenery alone in its own discretion; there is no right of appeal.
5.1. Information about the Scenery Services products and prices or information provided as part of an order process is non-binding and subject to change, and does not constitute a legally binding offer, errors excepted. By ordering a licence, you make a binding offer to conclude a licensing contract. You do this by clicking the button “Buy now”. The contract will be accepted by means of an automatic email sent immediately after the order is made.
If you decide in favour of one of the Scenery Services licence packages, you can use all the templates contained within that licence package to create and retrieve as many Compositions as you like.
Each retrieval of a Composition under a purchased licence package automatically gives you comprehensive rights of use pursuant to clause 5.3 without the need for an additional, separate contract.
5.2. Notice of right of revocation: Consumers have the right to revoke a contract for digital content concluded with Scenery (cf. clause 5.1.). A consumer is a natural person who enters into a legal transaction for purposes that are predominantly outside the scope of that person's trade, business or profession, as set out in sec. 13 of the German Civil Code (BGB).
Right of revocation
You have the right to revoke this contract within 14 days without stating the reasons. The right of revocation comprises 14 days from the day the contract was concluded. To exercise your right of revocation, you must send us (Comparison Pty Ltd, PO Box 260 Winston Hills, New South Wales, 2153, Australia, [email protected]) (for example, by sending a letter or email) a clear statement informing us of your decision to revoke this contract. You may use the optional attached sample revocation form for this purpose.
It is sufficient to exercise the right of revocation if you send the notice of your exercise of the right of revocation before the expiration of the revocation period.
Consequences of revocation
If you revoke this contract, we are required immediately, at the latest within fourteen days from the date of receipt of the notice of your revocation of this contract, to reimburse you for all payments received from you, including delivery costs (excepting additional costs arising from your decision to use a different type of delivery than our favourable standard delivery). We will use the same means of payment for this repayment that you used in the original transaction, unless otherwise explicitly agreed with you; in no case will a fee be charged for the repayment.
End of notice of right of revocation
(If you wish to revoke this contract, please complete this form and return it to us.)
(*) Please cross out if inapplicable
5.3. The creation of the licensing contract pursuant to clause 5.1. gives you a worldwide licence of unlimited duration for the use of the relevant Composition created by the Services within the following scope:
For the purposes of clarity, the above licence may only be used in compliance with the Conditions under which it was created. In particular, the use of available device images from the Services is prohibited where you:
To clarify further, the above licence may not be used to distribute the templates for the purpose of creating compositions by third parties, nor can it be used to change the templates’ file format in order to create Compositions outside of the Scenery Services.
5.4. Scenery assumes no liability in the event that your use of any graphics and images from devices (e.g. smart phones, tablets, PCs, etc.) from the Services in a Composition violates the rights or the conditions of use/other conditions of the relevant producer or other person having legal rights to the depicted devices. For further information in this regard, please contact the relevant producer/holder of the rights to the depicted devices. You hereby guarantee to Scenery that your use of the Compositions does not violate the rights of the producer/holder of the rights of the respective device. You will release Scenery upon demand from all claims of third parties that arise from the breach of the guaranties assumed above, including any damages, expenditures and other legal costs arising from such claims.
Payment will only be accepted by means of a current credit card. Payment will be made by means of the Stripe payment system of the provider Stripe Payments Europe Ltd, Block 4, Harcourt Centre, Harcourt Road, Dublin 2, Ireland.
7.1. You may use your own graphics, pictures, texts or other images in the scope of the Scenery Services for the purpose of creating Compositions.
7.2. It is prohibited to create Compositions by placing blank spaces in the device image.
8.1. By using content for the purpose of creating Compositions in the scope of the Scenery Services, you hereby grant Scenery the right to make copies in part or in whole of the used content, to store, reproduce, manipulate and process it, etc. only to the extent necessary for the provision of the Services, that is, for the creation and provision of Compositions.
8.2. You guarantee that you have the right and are in a position to grant Scenery these rights and on request you will release Scenery from all claims by third parties that result from the breach of the above guarantee.
8.3. Scenery Services and all texts, images and graphic elements are protected under copyright and trademark law and, with the exception of the device images made available for the creation of Compositions (see clause 5.4), remain the property of Scenery or are licensed from Scenery. Scenery grants the user a simple, non-assignable right to use Services provided by Scenery Services only in ways provided for by Scenery or as set out in the Conditions. Any other type of use in ways not provided for by Scenery or not set out in these Conditions requires prior approval in writing by Scenery. This applies particularly (but not limited) to reproduction, distribution, editing, translation, storage, processing and copying into databases.
The permission granted to you to use these Services is subject to the following restrictions:
9.1. Programming and technical manipulations that are designed to impair the functionality of the Services in any way are prohibited. In particular, you agree not to use automated systems that impact Scenery Services in such a way that the functionality of responding to the high number of requests to the Scenery servers is impaired.
9.2. You acknowledge and agree that the Services are subject to regular modification. In this connection, you agree that the Services will not be available to you or to users in general temporarily or permanently.
9.3. The services and content offered by Scenery Services may only be used without written permission from Scenery within the scope of the possibilities offered and provided for by Scenery.
10.1. The Services are offered by Scenery subject to the condition that they may be interrupted or discontinued at any time. You use the Services at your own risk. You are solely responsible for any damage to your computer system or other technical devices, for the loss of data or for other damage, and also for damage caused to third parties in this connection.
10.2. You accept that it is not technically possible to guarantee that services are continuously available. Therefore, Scenery assumes no liability for these Services being available at all times without interruption, in a timely manner, securely and without error. Scenery assumes no guarantee for the accuracy of the information obtained in the scope of the Services. Scenery assumes no guarantee for damage that results from the use or impossibility of use of the Services, including the loss or damage of data. In particular, Scenery assumes no liability for any costs resulting in any way in connection with the Services.
10.3. If users publish or transmit links to other websites and services on websites that are operated by Scenery, Scenery does not check the destinations of these links, does not endorse the contents that are accessible on these websites or the offers of third parties, and excludes all liability arising from these.
10.4. Scenery will be liable only for gross negligence or wilful intent according to the provisions of the law. This does not apply where material contractual obligations are breached. In this case, liability will be limited to foreseeable damage that is typical of the contract. Scenery's liability for injury to life, body or health as well as under the Product Liability Act remains unaffected. The above limitations of liability apply particularly to damage that may result from errors, delays or interruptions in transmission, problems with technical equipment and services, incorrect content, loss or deletion of data, viruses or that otherwise may be caused by the use of the Scenery Services. The above limitations of liability also apply to companies associated with Scenery.
If one or more of the provisions of this contract are legally invalid in part or in whole, the other provisions of the contract will not be affected by this.
12.1. Set-off is only permitted for claims that are undisputed or legally enforceable.
12.2. The same applies to the right of retention if you are a merchant. If you are not a merchant, then you can enforce a right of retention only if your counter-claim is based on the same contractual relationship.
The text of the contract and the data in your order will be stored in our office if this is commercially necessary and in compliance with the Federal Data Protection Act (para. 26 BDSG). If you wish to have this in printed form, you can print out the “Order Confirmation”. You will receive this by email after you send your order.
Some of your personal data are necessary for the establishment of a user account and the processing of orders. Information about how this data is processed can be found in the Data Protection Statement.
If you receive the Scenery Newsletter, this is because you have subscribed to it. If you receive the Scenery Newsletter although you have not subscribed to it, or if you decide later not to subscribe, simply use the “Unsubscribe” link in each newsletter to unsubscribe or send an email to: [email protected] to cancel the Scenery Newsletter.
All disputes arising from or related to this agreement are subject to the law of Australia, with the exclusion of the UN Convention on the International Sale of Goods. This choice of law applies to all contracts having a purpose that cannot be related to professional or commercial activity of the claimant (consumer contracts) only to the extent that the protection granted to the consumer under binding statutory provisions in the country in which the consumer is usually located are not withdrawn.
Sydney, February 12, 2018