Terms of use

Who and what

These terms apply between you and Working Software [legal form to be completed] (see the imprint) for the use of Photo Decks. They are in German and English; if the two differ, the German text applies.

The service

Photo Decks makes card decks from your own photos and lets you play them on a TV, with phones. It is free; during the closed beta, accounts are by invitation. A free account has 1 deck with up to 110 active cards; against abuse there are at most 200 cards in a deck, 500 MB of photos in an account (the sample deck's don't count) and 30 MB per file. Paid plans and printed decks will come with their own terms.

Photo Decks is no archive: we keep no backup of your photos. Keep your originals. We work to keep the service running but can't promise it always is; an update ends the games that are running.

The sample deck

Every account gets a sample deck, which doesn't count toward the plan's decks. Its photos are under their own licences, named on its credits page; outside the game they may be used only as those licences allow.

How the contract is made

You enter your e-mail address; we send a link. On the page the link opens you confirm that you are 18 or older and accept these terms, and with that your account is opened. Until then you can correct a mistyped address by asking for a new link. You can save or print these terms at any time from this page.

Age

Accounts are for adults, 18 or older. Children may play along without an account, with the adults they play with. Whoever has access to your mailbox can sign in to your account: keep it safe.

Your photos

Your photos and texts stay yours. You allow us to do with them only what the service needs to work for you: store them, make them smaller, crop and turn them, draw cards from them, and show them to you and to the people in the games you host. This ends when you delete them.

You upload only photos you may use, and:

• the people shown in them would agree to your fellow players seeing them; for children, their parents;
• nothing that is illegal: in particular no depictions of the sexual abuse of children, no content that violates someone's privacy or rights in their picture, no infringement of copyright, no incitement to hatred or violence, no insults or threats;
• no nudity of children, also not in family photos.

A game's code lets whoever has it join or watch: give it only to the people you play with.

What we do about content

We don't check photos in advance and use no automated tools to look at them. A person reads every report and decides. If content breaks the law or these terms we may: remove a card, remove a deck, or close the account; we do what is enough, and the more serious, the further. We tell the account holder by mail what we did and why, and how to object; you can answer, and we look again. Courts remain open to you. We report a suspicion of a serious crime that threatens someone's life or safety to the authorities (Art. 18 DSA).

Reporting

Anybody can report a photo or other content through the report form, also without an account, or by e-mail to privacy@example.com.

Games

The host decides who gets the code and can remove players. Everybody in a game keeps to these terms; please don't copy or pass on other people's photos.

Ending

You can delete your account at any time, at once, with everything in it. A free account that nobody signs in to for 24 months is deleted, after a warning 30 days before. We may end the contract with four weeks' notice by mail (also when the beta ends), and without notice for an important reason, such as a serious breach of these terms; we say why.

Liability

We are liable without limit for intent and gross negligence, for injury to life, body or health, and under the Product Liability Act. For slight negligence we are liable only if we breach an obligation whose fulfilment makes the use of the service possible in the first place and on which you may rely, and then only for the damage typical and foreseeable for it. Lost photos are covered by this only as far as you could not have avoided the loss by keeping your originals.

Changes to these terms

We tell you about a change by mail at least six weeks before it applies. If you object, the old terms continue and we may end the contract with the notice above; your continued use alone is not consent.

Disputes

German law applies; as a consumer you keep the protection the law of the country you live in gives you. On dispute resolution before a consumer arbitration board, see the imprint.