General Terms and Conditions (GTC)
Here you will find the general terms and conditions (hereinafter: „GTC“) for the use of the Glimvi platform, the websites and online shops of glimvi.com and glimvi.de, as well as all of the subdomains belonging to glimvi.com and glimvi.de (hereinafter referred to as „Glimvi services“).
Please read these terms and conditions carefully and completely.
These terms and conditions regulate the contractual relationship for the use of Glimvi services between
a) you - hereinafter referred to as „user“ - and
b) the company Netlaxy UG (haftungsbeschraenkt) - hereinafter referred to as "Netlaxy" - with the address: Netlaxy UG (haftungsbeschraenkt), Kirchberg 2c, 86940 Schwifting, Germany.
Glimvi is a platform for the publication and sale of usage licenses for digital content, primarily media files, such as images and videos.
The usage licenses for digital content are sold to registered users, on order via the Glimvi services. The delivery takes place after payment, in the form of downloadable files. These can be downloaded from the Glimvi services user account and then used within the scope of the acquired usage rights.
The usage rights are the simple, non-exclusive and non-transferable rights of use of the respective content.
1) Conclusion of contract
By using the Glimvi services, the user confirms his agreement with these general terms and conditions.
If the user does not agree to these general terms and conditions, he may not use the Glimvi services.
2) Data protection
The protection of your data and your privacy is very important to Netlaxy.
Please read our data protection declaration for detailed information about which personal data we or third parties collect, why and what we use it for or if necessary pass it on.
3) Ownership of Glimvi services and their content
The Glimvi services are the property of Netlaxy UG (haftungsbeschraenkt).
All contents of the Glimvi services, e.g. images, graphics, illustrations, animations, photos, films, cartoons, videos, texts - hereinafter referred to as „content“ - are the property of Netlaxy, licensors or business partners of Netlaxy.
This content and the platform are protected by copyright and other rights and laws protecting intellectual property.
Netlaxy reserves ownership of the content and platform.
At no time will these ownership rights be transferred to the user.
4) Type and scope of services
The scope of the Glimvi services for:
The use of Glimvi is possible for users without a customer account as a "visitor".
The visitor can use the following scope of the Glimvi services:
View of the platform websites, including the category and content pages, as well as the ratings
Navigation and content search on the platform
Registration of a member account
If the visitor wants to use discovered content on Glimvi for his own purposes, he can acquire usage rights for this content for certain purposes in the form of usage licenses on Glimvi.
In order to purchase a usage license for content from Glimvi, the visitor must register on the Glimvi services. In this case, he becomes a "member" of the Glimvi services and receives a member account.
Members of the Glimvi services can also:
Create their own reviews
Write reviews of the content
Collect usage licenses in the shopping cart
Buy usage licenses
Manage the member account
Terminate the member acc
With a member account, the member can order usage licenses.
After purchasing at least one usage license for content, the member becomes a customer and the member account becomes a customer account.
The following scope of the Glimvi services is available to the customer:
Download the licensed content
Use of the licensed content
Termination of the license(s)
The customer can manage and track his orders in his customer account.
5) Register of a member account
In order to purchase a license to use content from Glimvi, the user must register on the Glimvi services.
This registration takes place by opening a member account.
It is free for the member.
The following people can register to become members of the Glimvi services:
- natural persons with unlimited legal capacity,
- legal persons and
Other people, especially minors, are not permitted to register and thus become members.
A legal person may only be registered by a natural person who is authorized to represent it and who gives his or her name as such when registering.
The data required for registration must be complete, correct and truthful. Special care must be taken when providing personal data such as first and last name, current address and telephone number, a valid e-mail address and, if applicable, the company and the authorized representative.
During registration, the member receives the access data required to access the member account on the Glimvi services. The member is obliged to keep this access data, especially the password, secret and to carefully secure access to his member account. It is recommended that a password is not kept accessible to third parties, written down or stored in terms of data technology.
If the password is still accessible to third parties or if there are indications that his member account is being misused by third parties, the member is obliged to inform Netlaxy immediately.
The member is generally liable for all activities that are carried out using his member account or originate from his member account.
If the member is not responsible for the misuse of his member account because there is no violation of existing due diligence, the member is not liable.
If there is a change in the data originally given during registration, including e.g. as a result of a change in living conditions or place of residence, the member is obliged to update the information relevant to the member account promptly.
A member account is neither salable nor transferable.
6) Offer and conclusion of sale
The order confirmed by the user by clicking on the "buy" button is a binding purchase offer.
With this purchase offer, the user agrees to pay the price shown for a license to use the content that is the subject of this license to acquire this license. In this case, the user becomes a customer and “licensee”.
We can accept or reject this purchase offer within 2 weeks. Acceptance can be made by sending an order confirmation or by delivering the usage license within this period.
The acceptance leads to the acquisition of the usage license by the licensee. The licensee is thus authorized to exercise a simple, non-exclusive and non-transferable usage right for the content that is the subject of the usage license from the time when the purchase is confirmed as “completely completed” by Glimvi.
A usage license is supplied by making the content that is the subject of this license available in the customer account under the "Downloads" section - and only there - as a downloadable file.
For technical and organizational reasons, the delivery time will vary when the offer is accepted:
6.a) Using an online payment method ( e.g. PayPal )
When using an online payment method using a payment service provider (e.g. PayPal), delivery will take place within a few minutes after the order process has been completed and after receipt of the payment service provider's confirmation of receipt of payment.
6.b) Using a manual payment method ( prepayment, invoice )
When using a manual payment method (e.g. prepayment, invoice, ...), delivery is usually made within 1 to 2 days after confirmation of receipt of payment on our accounts, but certainly within 2 weeks.
7) Use of the content licensed through usage licenses
After downloading content in the form of a media file, the licensee can use it within the scope of the usage rights granted to him by the usage licenses.
The usage right is a simple, non-transferable and non-exclusive right of use. Reselling or sub-licensing are therefore not permitted to the licensee.
The licensed content may be used in print media, presentations, websites and social media, films and videos worldwide, for commercial, private or editorial purposes, as long as the usage license exists.
The licensed content may not be used for or in connection with:
- immoral, unethical or illegal content
- racist, defamatory or extremist content
- trademark or logo
Editing or other changes to the content are generally not permitted, with the following exceptions:
a) images that only show abstract form and / or color compositions
b) animations that only show abstract form and / or color compositions,
c) videos that only show abstract form and / or color compositions,
hereinafter referred to as „changeable content“.
The changeable content may be changed, e.g. in form, color and size and shown as a whole or in parts, but the change must be referred in a legend in the immediate vicinity of the changed content and must be clarified with the following wording: „based on glimvi.com/[Title of content], changed for [Domain of the Author] / [title of new content] by [author of the change]”.
Modifiable content may not be changed for / to or in connection with:
- immoral, unethical or illegal content
- racist, defamatory or extremist content
- Trademark or logo
Netlaxy reserves all rights, in particular property rights, to the newly created content. Netlaxy can exclusively and at its own discretion market the usage rights to this changed content.
8) Termination of membership
Membership can be terminated at any time by the member or by Netlaxy:
8.a) Termination of membership by the member
A member can cancel membership by canceling the member account. Upon termination, the member or customer account will be deleted with immediate effect.
However, as soon as a member or customer account is deleted, access to the downloads section of the customer account is no longer available and therefore content that is the subject of purchased usage licenses can no longer be accessed.
This means that the user can only use copies of the licensed content that have been downloaded and saved before the termination date, provided that the usage licenses granted to him permit this. The user is solely responsible for the quality and availability of these copies.
8.b) Termination of membership by Netlaxy
Netlaxy has the right to terminate the user's membership, without giving reasons, at its own discretion. This rule is necessary in order to clean up abandoned member accounts and to intervene in the event of gross negligence on the part of the user or other inappropriate activities by the user and to have scope for action.
Netlaxy will announce a cancellation of the membership with a period of 4 weeks by sending an email to the email address registered in the member account and giving the user the opportunity to object to the cancellation. However, there is no obligation to do so. In exceptional cases, Netlaxy can also terminate or block the member's account immediately. After the deadline or in the event of immediate termination, Netlaxy will delete the member account immediately and irreversably.
After termination of the customer account, the user is not entitled to further Glimvi services, in particular not to a refund of payments made, or to the restoration of any lost or damaged licensed content.
After termination of membership, Netlaxy has no further obligations towards the user.
However, even after termination, the user is obliged beyond the existence of the contract:
a) when using the licensed content it is essential to provide the source information with a reference to "by glimvi.com/[Title of the content]" and to ensure that the use is in accordance with §7
b) to delete all copies and originals of this content from all storage media, computers and servers controlled by the user if the licensed content is no longer used.
If the user would like to use the contents again at a later point in time, they must register again with Glimvi under the then valid conditions and purchase the usage licenses for the contents again at the then valid prices.
9) Termination of the usage licenses
Acquired usage licenses for the usage rights of content for certain purposes remain valid within the conditions of these usage licenses.
If a user wishes to terminate the usage license, he can do so at any time.
In the event of termination of the user license by the user, the user has to delete all copies and originals of the licensed content from all storage media, computers and servers controlled by him immediately.
Glimvi can, at its own discretion, terminate the usage license for individual or all content licensed by the user without further explanation and without refunding payments made.
Glimvi will only terminate the contract in the event of a breach of contractual obligations, non-incoming payment, disregard for the use of the licensed content in accordance with §7 or other actions taken by the user against the interests of the content intellectual property owner.
In this case, too, the user is obliged to immediately delete all copies and originals of the articles from all storage media, computers and servers controlled by him.
10) Remuneration / prices
The prices of the usage licenses are shown individually for each content.
The prices are in euros (€, EUR) and include the statutory value added tax of 19% in Germany.
The delivery of the licensed content takes place exclusively via the customer account in the form of a downloadable file and is therefore included in the price at no additional cost.
11) Payment / delivery
Payment to Glimvi can be made either in advance or via a payment service provider, depending on the user's request.
The content is delivered exclusively online, via the Glimvi services, in the customer account of the user by activating the licensed content in the form of downloadable files, after processing the payment confirmation by Glimvi and is achieved by the status "Completely completed" in the customer account displayed.
As soon as this activation takes place, the licensed content is available in the form of downloadable files in the customer account under the menu item "Downloads".
The Glimvi services make it possible to rate content and view the ratings of others.
The rating system should serve to offer opinions and experiences of others as an additional source of information.
Ratings posted by members only reflect the opinion of the posting members.
The statements and contents are free and are formulated independently of Netlaxy by the members and do not represent Netlaxy's opinions.
Members are obliged to only provide truthful information in the ratings submitted and to comply with the statutory provisions.
The reviews submitted by members must be honest, objective and factual. Abusive criticism or defamation are not permitted.
Any use of the rating system that goes against the purpose of the rating system is prohibited.
In particular, it is prohibited:
to make false, misleading, or inaccurate reviews.
to ramble in reviews in subject areas that are not related to the product or the execution of the underlying contract.
to submit reviews about yourself or arrange for third parties.
to submit reviews that violate applicable law.
to abuse reviews to post political, partisan, religious, spiritual, defamatory, racist, defamatory, or illegal thoughts.
Netlaxy reserves the right, at its own discretion, to remove, shorten or partially delete reviews if they violate these terms and conditions.
The symbols assigned by Netlaxy, such as the star symbol for a product, only serve to symbolize the opinion of others about this product and have a purely informative purpose without guarantee. They may only be used for these purposes.
If the user decides to post ratings on Glimvi services, he grants Glimvi an exclusive license, unlimited in time and place, for the duration of the underlying right, for further use of the content for any purpose, both online and offline.
Netlaxy will endeavor to always name the author (unless he has stated that he wishes to remain anonymous), but reserves the right to shorten or omit this information.
Netlaxy reserves the right not to display content on the website or to display it for a limited period of time and to shorten it.
Unless explicitly requested by Netlaxy, no other symbols may be used to reinforce the impression of reliability of products or members and which may be provided by third parties for classification or evaluation.
13) System Integrity and Disorders
Users of the Glimvi services are obliged to maintain the system integrity of the Glimvi services and to protect them against disruptions.
In particular, users may not use any mechanisms, mechanisms, programs, services, software or other scripts in connection with the use of the Glimvi services that can interfere or impair the function or operation of the Glimvi services or that restrict access to Glimvi programs and data enable.
The use of measures that can result in an unreasonable or excessive load on the Glimvi infrastructure is not permitted.
Users may not block, overwrite or modify any content generated by Glimvi or interfere in any other way with the Glimvi services.
The products, content, advertisements, offers and reviews stored on the Glimvi services may neither be copied or distributed, nor used or reproduced in any other way without the prior consent of the rights holder.
This also applies to gaining or copying by means of search engine technologies or by other automatisms or mechanisms, e.g. using “robots” or “crawlers”.
In particular, software reengineering or dissassembly and the duplication, distribution or copying of source code of the Glimvi services, as a whole or in part, is strictly prohibited without the prior written consent of Netlaxy.
Netlaxy grants members the right to embed Glimvi widgets that have been created via the Glimvi platform on their own websites or on third-party websites after they have given their consent.
Netlaxy reserves the right to design the widgets' appearance and function at its own discretion and, if necessary, to change them without prior notice.
Netlaxy reserves the right to develop or discontinue widgets. This can lead to malfunctions in older generations of widgets.
14) Limitation of liability
Netlaxy is only liable for damage to entrepreneurs, except in the event of a breach of essential contractual obligations, if and insofar as Netlaxy, its legal representatives, executives or other vicarious agents are guilty of intent or gross negligence.
In the event of a breach of essential contractual obligations, Netlaxy is liable for any culpable behavior on the part of its legal representatives, managers or other vicarious agents.
Netlaxy is only liable to consumers for intent and gross negligence.
However, in the event of a breach of essential contractual obligations, default of debtor or the impossibility for Netlaxy for the provision of services, Netlaxy is liable for any culpable behavior on the part of its employees and agents.
Except in the event of intent or gross negligence on the part of legal representatives, managers or other vicarious agents of Netlaxy, the amount of liability is limited to the damage typically foreseeable when the contract was concluded.
Liability for the compensation of indirect damage, in particular for lost profit, only exists in the event of intent or gross negligence on the part of legal representatives, senior executives or other vicarious agents of Netlaxy.
The aforementioned exclusions of liability and restrictions vis-à-vis entrepreneurs or consumers do not apply in the event of Netlaxy's assumption of express guarantees and for damage to life, limb or health, or in the event of mandatory legal regulations.
15) Place of performance, place of jurisdiction
The member is obliged to ensure that the postal address and the email address specified in the member account correspond to the actual address of the member and that it can be reached by post or email.
For all members, these terms and conditions are subject to German law, excluding the UN sales law.
The exclusive place of jurisdiction for all disputes arising from these General Terms and Conditions is Munich for members who are merchants within the meaning of the German Commercial Code, a special fund under public law or a legal person under public law.
For members who are consumers, there is a place of jurisdiction at the respective place of residence of the member.
For all disputes arising from these terms and conditions, additional jurisdiction for consumers residing in Germany is Munich.
16) Dispute settlement
Online dispute resolution in accordance with Art. 14 Para. 1 ODR-VO:
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr/.
17) Subject to change
The General Terms and Conditions, prices, usage licenses, usage rights, license conditions and the Glimvi services in part or as a whole can be changed by Netlaxy at any time without prior notice.
Each time you use the Glimvi services, you as the user confirm your consent to the versions valid at the time of use.
We therefore recommend that you read the terms and conditions regularly to be able to react to any changes.