ScriblabProducts, Marius Herzog, Pirckheimerstr.40, 90408 Nürnberg, in the following referred to as "ScriblabProducts" runs an app under the name "PaintMyMinis", which is supposed to be a help for the miniatures/tabletop hobby with focus on the aspect of painting the miniatures.
ScriblabProducts reserves the right to expand the scope of services offered in the app at any time, as well as to restrict the functions and services provided free of charge and also to stop completely.
Should ScriblabProducts stop further development and maintenance of PaintMyMinis, it will inform the users with a notice period of 6 months before discontinuation.
All indicated prices are gross prices.
In the app, users can write down "painting recipes", i.e. the order and colour mixes for different stages of a painting process, and "painting recipes", i.e. the order and colour mixes for different stages of a painting process.
Every user can create a database with paints from any manufacturer in the app. These can be created either individually or downloaded from the online service "PaintBay". The paints downloaded from PaintBay cannot be changed.
Users have the possibility to export/back up their complete database or just parts of the data in different formats.
The app can be used without registration. Registration is only necessary if the user wants to use the online service "PaintBay".
If the user wants to register in the app, he/she must provide a name, e-mail address and a password of his/her choice. ScriblabProducts is entitled to change the user name, if it violates the regulations according to no. 6 d).
The colors shown in this app are only a simulation and do not claim to match exactly with pigmented, real stains. This is in the nature of things, among other things, because screens vary in their colour representation and cannot reproduce the colours exactly.
Created colors can only be as close to the original as they were evaluated during creation and translated into the app. The user is therefore responsible for checking the correspondence of his colors and color combinations in reality with his ideas.
In our App, the user can post, link, store, share and provide content in text and/or image form ("Content") in various parts.
Basically the content is published automatically without ScriblabProducts checking it again. The user is therefore responsible for the content created by him.
The user undertakes to provide truthful information when creating content and to update this information immediately if it changes.
You may not post content that
violate the rights of third parties, in particular property, copyright, name, ancillary copyright or trademark rights
which glorify violence or are pornographic or otherwise violate the provisions of the Criminal Code
contain viruses, Trojan horses or other programs that are capable of damaging, secretly intercepting or deleting data or systems
Furthermore, content that pursues or represents an advertising intention for products and/or services is prohibited.
ScriblabProducts reserves the right to remove, prohibit, modify, block or delete content if the content provided by the user disregards these rules.
The app does not include a paint catalog. This can be created by the user himself or can be retrieved from the online PaintBay database and added to his database.
The registered user can use the contact form in the app to either request missing paints in the database or to submit these paints completely for the database (barcode, RGB values, name, manufacturer, etc.)
The user has no claim to the fact that the request is processed by ScriblabProducts or taken over into the online database. In addition, ScriblabProducts has the right to process this request and make changes to it when the colour is added to the online database and published.
If ScriblabProducts takes colors submitted by the user and publishes them in the online database, the user might be published as "Constributor" with his username and assigned to the paint. The user is responsible for the content of all information about the paint. If ScriblabProducts has made changes to the information before publication, ScriblabProducts is responsible for this part.
The users grant ScriblabProducts, in case they upload copyright relevant works, a non-exclusive, spatially, temporally and contentwise unrestricted right of use for the intended use within the app and/or the website of ScriblabProducts. In particular, the right is granted to reproduce the respective work and/or have it reproduced and/or published and/or have it published and/or display it for the user himself within his access on the internet. The user assures that he has the rights to all works and - if persons are depicted - that they agree to the publication and have been informed about their rights.
In case the user makes the content "public", ScriblabProducts additionally receives the right to make the works publicly available and/or have them made publicly available as well as the right to sublicense all rights from this paragraph and the previous paragraph, especially in connection with and on websites/platforms of third parties. The aim is to achieve maximum dissemination of these contributions.
ScriblabProducts can block the account of a user, if the user violates the terms and conditions or applicable law.
ScriblabProducts can especially block a user, if he has given false information during registration, violates rights of third parties, abuses services of ScriblabProducts or another important reason exists.
If the user's account has been suspended or terminated by ScriblabProducts, the user is not authorized to log in again.
ScriblabProducts is not liable for claims arising from the fact that the app/service/website is temporarily unavailable to the user, especially due to maintenance work, as long as the downtime does not exceed a total of 0.5% of one year per calendar year and in case of longer downtimes there is no intent or gross negligence.
ScriblabProducts gives advice on manufacturers and creates artistic guides. These are only suggestions. ScriblabProducts is not liable for the correctness and completeness of the hints and guides.
The user is responsible for the correctness and completeness of its contents.
ScriblabProducts is not liable for the loss of data and content insofar as the damage is based on the fact that the user has failed to carry out regular data backups and thereby ensure that lost data can be restored with reasonable effort, as far as the respective data backup does not belong to the main service obligations of ScriblabProducts.
ScriblabProducts is generally not liable for damages caused by slight negligence.
The limitations of liability according to the previous numbers do not apply to damages resulting from injury to life, body or health, in the case of fraudulent concealment of defects, claims from the Product Liability Act, in the case of intent and gross negligence as well as in the case of breach of duties, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the user may regularly rely.
The user indemnifies ScriblabProducts, its employees, agents and assistants from all claims or demands of third parties - including reasonable costs for legal defense - which arise from or in connection with this contract and alleged violations of this agreement or the alleged violation of third party rights. ScriblabProducts reserves the right to be the sole defender and to take over any possible dispute that may lead to a claim for indemnification against the user. The indemnification obligations of the respective user remain unaffected. It remains at the discretion of ScriblabProducts whether or not it recognizes claims in case of a not obviously unfounded claim by third parties. The user can not refer to the fact that such a claim does not exist if ScriblabProducts accepts such a claim. He can, however, avert this possibility if he expressly accepts liability for the further procedure.
ScriblabProducts will immediately inform the user within the scope of what is legally permissible if third parties or authorities assert claims against him or if indications become known that a violation of legal and/or official regulations attributable to the user or a violation of third party rights exists.
The user will support ScriblabProducts to the best of his ability in legal defense. If ScriblabProducts is accused of a violation of rights because data, designs and/or other information made accessible online by the user or at the instigation of the user violate copyrights, trademark rights and/or other industrial property rights of third parties, ScriblabProducts can demand from the user that he takes over the costs for possible damages in addition to the costs of an adequate legal defense.
ScriblabProducts has the right to remove or deactivate the content immediately if there is any indication that it may infringe the rights of third parties. Indications for an illegality and/or a violation of rights are especially but not exclusively present if authorities and/or other third parties take measures of any kind against ScriblabProducts and/or the user and base these measures on the accusation of an illegality and/or a violation of rights.
ScriblabProducts is exempt from the obligation to perform in cases of force majeure. Force majeure is defined as all unforeseen events as well as those events whose effects on the fulfilment of the contract are not the responsibility of either party. These events include, in particular, lawful industrial action, also in third party companies, as well as official measures.
These terms and conditions of use shall be governed exclusively by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods if the user is an entrepreneur.
This text was translated by machine. In case of doubt, the German version applies.
Effective date 20.03.2020