Preamble

myAlphaPicture is an online service that allows users to personalise available image motifs and to download or share these personalised images. Low-resolution images bearing a watermark/logo are available for free. High-resolution images are available for a fee.

myAlphaPicture is operated by AlphaPicture GmbH, a company based in Erlangen, Germany. AlphaPicture provides proprietary image personalisation services (Software as a Service/SaaS).

The “myAlphaPicture” service targets consumers (non-commercial users). Information on commercial use and large-volume production is available at www.alphapicture.com.

AlphaPicture is the EU trade mark (OHIM no. 003420321) of AlphaPicture GmbH for one-to-one image personalisation.

By using the service, the user agrees to the following terms and conditions.

1. Motifs provided
   Users will find a large selection of motifs on myAlphaPicture.com that are available for image personalisation. New motifs are added on a regular basis. We, however, do not guarantee that a particular motif or motifs are available at all times. We also reserve the right to change existing motifs or fonts used in motifs without prior notice.
2. Common fonts
   AlphaPicture motifs support various standard fonts. Alphanumeric characters (A-Z and 0-9) are always supported and, with a very few exceptions, so are Western European special characters. 85% of the motifs also support Eastern European character sets, of which over 50% include Cyrillic characters. Users are not entitled to demand the availability of specific characters and/or fonts.
3. Textual content for personalisation
   The user agrees to refrain from entering or providing links to texts involving illegal content in the image motifs provided.
4. Free downloads/e-cards
   The free-of-charge images available on the myAlphaPicture website are for personal use only. The imprint “myAlphaPicture.com” on the image may not be removed.
5. Rights of use and distinction between personal and commercial use
   1. General information
      Rights of use are granted exclusively for personalised images (images in which a personalised text is entered). Users are not permitted to use images without textual content or to remove textual content that is originally included in an image. Multiple use of a personalised image, for instance for invitations, is permitted for a maximum of 100 copies. A written request is to be submitted if the multiple use of a personalised image exceeds 100 copies.
   2. Private use
      Private use is defined as personal use without an intention for generating commercial gain. Examples of private use include greeting cards, private invitations and dissemination on personal social media accounts or on personal websites.
   3. Commercial use
      Insofar as licences for commercial use are granted for a fee on myAlphaPicture, the following shall apply: Commercial use includes the use of personalised images by individuals or legal entities with the intention of generating commercial gain as well as the use of personalised images by associations and organisations with several members without the intention of generating commercial gain (for instance, non-profit organisations). Examples of commercial use include promotional calendars, customer magazines, flyers, commercial websites, e-marketing, printed products for marketing purposes (as individual item). Note that – for commercial use too – the multiple use of personalised images is not permitted. For instance: The use of a personalised image on a book cover or for designing a product. For such purposes, individual, project-based rights of use may be acquired.
6. Exchange/return policy
   Personalised images and products with personalised images cannot be exchanged or returned as they involve customised, unique specimens that are produced for a specific customer and as a result cannot be resold or used otherwise.
7. Personal data
   In general, it is possible for users to use our services without disclosing personal information. The terms and conditions of partner companies that market AlphaPicture image personalisation products shall apply in the event that a user is referred to the web pages of said companies via links. The following shall apply for customers who register with their personal details and create an account on myAlphaPicture: In compliance with the applicable data privacy and protection regulations, all personal information is collected, processed and used exclusively for the purpose of contractual transactions and for safeguarding our own justified commercial interests with regard to customer advice, acquisition and support.
8. Scope
   The commercial laws of the Federal Republic of Germany exclusively shall apply to both contracting parties. The latest published rates shall apply. Previous price lists shall cease to be valid following the publication of new price lists. Likewise, the latest version of the general terms and conditions shall apply and all previous general terms and conditions shall cease to be valid following the publication of a new version. The exclusive legal venue for all claims and disputes arising out of this contractual relationship shall be the registered office of AlphaPicture GmbH in Erlangen, Germany.

Version: February 2018