EasyChalk Terms and Services
Chalkless Media GmbH operates a service under various top-level domains (easychalk.de, easychalk.com etc.) and various sub-domains of those domains that shall hereinafter be referred to as “EasyChalk”.
§1 Subject Matter of the Contract
1.1 EasyChalk enables registered users to create, modify and manage electronic whiteboard images.
1.2 We reserve the right to modify and possibly limit the scope of services rendered by EasyChalk, unless this is unreasonable for the User.
§2 Registration and User Account
2.1 It is necessary to register on our website or on the website of one of our partners in order to use EasyChalk.
2.2 The User agrees to provide truthful and complete information when registering. Should this information change, the User must update it independently and without delay.
2.3 Your password for using EasyChalk should be handled confidentially and must not be passed on to third parties.
2.4 A user account must be used exclusively by the User who registered said user account.
2.5 By registering, the User confirms that he is of legal age and legal capacity.
§3 Right of Withdrawal for Consumers
3.1 Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (Chalkless Media GmbH, Burgstaße 27, 60316 Frankfurt, Tel.: +49 69 175 37 17 80, E-Mail: firstname.lastname@example.org) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
3.2 Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
Content refers to all the data and information the User has posted and made available at EasyChalk. Content refers in particular to whiteboard images, photographs, graphics, videos, drawings, texts (including comments, messages, etc.), musical pieces, and personal data.
4.1 Chalkless Media GmbH shall assume no responsibility for content made available by the User.
4.2 Posting of Content
(a) When posting content, the User must observe applicable legislation (e.g. copyright, trademark, patent, design patent or utility patent law), the provisions of the Criminal Code and any third-party rights.
(b) The User shall not post any content that constitutes propaganda within the meaning of §86 of the Criminal Code. Furthermore, he shall neither incite hatred against nor slander parts of the population or groups of people for racial, religious or other motives.
(c) The User shall post neither pornographic content nor any content contrary to the law for the protection of children and young people.
(d) The User shall not post any content that violates human dignity, glorifies war, or that otherwise contains representations or descriptions glorifying violence.
(e) The User shall not post any instructions or descriptions that could be used to carry out one of the unlawful acts specified under § 126 paragraph 1 of the Criminal Code.
(f) If the User uploads an Image, an Audio- or Video File to the Public Library of EasyChalk he declares that these Files are free of any copyright, trademark claims.
The person who associated a work with this deed has dedicated the work to the public domain (CC= 1.0 Universal) by waiving all of his or her rights to the work worldwide under copyright law, including all related and neighboring rights, to the extent allowed by law.
Anybody can copy, modify, distribute and perform the work, even for commercial purposes, all without asking permission
4.3 Chalkless Media GmbH reserves the right to resort to external hosting providers in order to store user content.
4.4 Chalkless Media GmbH reserves the right to reject or delete content for technical and other reasons.
§5 Fair Use
The user has the right to upload as many objects (Images, Audio-Files or Video-Files) to the personal EasyChalk library. Should the amount of data exceed 1 GB the Chalkless Media GmbH may ask the user to delete objects.
The user has the right to use servieces like Goolge Singn On and Microsoft Singn On without extra cost. If these services are used without registering for an EasyChalk license, Chalkless Media GmbH has the right to terminate this service for the user.
§6 Costs and Term
6.1 The costs for the use of EasyChalk is stated during the registration process.
6.2 The usage fees shall be payable upon receipt of invoice in advance for the period selected.
6.3 For any use of EasyChalk subject to a charge, the contract shall initially run for period specified by the User. Thereafter, the term shall be extended by renewal periods of the same duration, provided that neither the User nor Chalkless Media GmbH terminates the contract in due time.
6.4 For any use of EasyChalk subject to a charge, the User and Chalkless Media GmbH are entitled to terminate the contract upon expiry of the billing period specified by the User, or, where applicable, upon expiry of a renewal period that has come into force, with a period of notice of 30 days and without stating any reasons. The notice of termination may be given by e-mail or letter. In the notice, the User should state the e-mail address he registered with EasyChalk and his customer number.
§7 Right of Contact the user
Chalkless Media GmbH has the right to contact the user to provide him with technical information (e.g. password change, updates of the software), legal information (e.g. changes of the terms and services) and marketing information (e.g. newsletters)
8.1 The User undertakes to indemnify Chalkless Media GmbH against all claims – including claims for damages – asserted by other users or other third parties against Chalkless Media GmbH due to a violation of their rights as a result of content the User has posted on EasyChalk. The User shall meet all reasonable costs, including for legal defense, incurred by Chalkless Media GmbH as a result of said violation.
8.2 All further rights, including compensation claims by Chalkless Media GmbH, remain unaffected.
§ 9 Warranty Disclaimer
Chalkess Media GmbH cannot provide any assurance, guarantee or warranty as to the quality, topicality, availability, suitability, accuracy or completeness of EasyChalk. In particular, Chalkless Media GmbH cannot guarantee that the use of EasyChalk is safe, timely, uninterrupted or error-free, or that it can be used in conjunction with any other hardware, software, other systems or other data. Chalkless Media GmbH cannot guarantee that the stored data is accurate or current, that errors or defects will be corrected, or that the servers used to provide our services are free from viruses or other harmful components.
§10 Concluding Provisions