Terms of Service – images.aiena.de

Operator:
Aiena e.V.
E-Mail: [email protected]
Service: Image hosting portal at images.aiena.de
Last updated: 20 November 2025, 05:00 (Europe/Berlin)

1. Acceptance of these Terms

By accessing or using images.aiena.de (the “Service”), including by creating an account, uploading images, or viewing hosted content, you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you must not use the Service.

2. Scope and Operator

These Terms govern the use of the image hosting Service provided at images.aiena.de by Aiena e.V. (“Aiena e.V.”, “we”, “us”, “our”) and apply to all users of the Service (“you”, “user”). Any deviating terms and conditions of users shall only apply if expressly agreed to in writing.

3. Eligibility and Accounts

(a) The Service is intended for users who are at least 16 years old and legally capable under the laws applicable to them. By using the Service, you represent and warrant that this is the case.
(b) Certain features, including uploading images, may require registration. You must provide accurate and complete information and keep such information up to date.
(c) You are responsible for maintaining the confidentiality of your login credentials and for all activities occurring under your account. You must notify us without undue delay if you suspect unauthorised use of your account.

4. Description of the Service

(a) The Service enables users to upload, store and share image files and related information (“User Content”).
(b) We may modify, expand, restrict or discontinue parts of the Service at any time, provided that this is reasonable for you and does not unreasonably affect your legitimate interests.
(c) We do not guarantee uninterrupted availability or a specific performance level of the Service. Temporary outages, maintenance windows, and technical disruptions may occur.

5. User Content and Rights

(a) You retain all rights you hold in your User Content.
(b) By uploading or otherwise submitting User Content to the Service, you represent and warrant that:

  • you own all necessary rights (including copyrights, neighbouring rights and personality rights), or
  • you have obtained all necessary licences, permissions and consents to use the User Content on the Service and to grant the licence set out below.

(c) By uploading User Content, you grant Aiena e.V. a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, display and technically process the User Content solely for the purpose of operating, maintaining and providing the Service, including backups and security scans.
(d) This licence ends when the respective User Content is fully deleted from our systems, subject to reasonable backup and log retention periods.

6. Prohibited Content and Use

You agree not to use the Service to upload, store, share or otherwise make available any content or to engage in any activity that:

  • violates applicable law, court orders or official instructions;
  • infringes third-party rights, including copyrights, trademarks, personality rights or privacy rights;
  • contains or promotes illegal, harmful, hateful, extremist, discriminatory or violent material;
  • contains sexual content involving minors, non-consensual intimate content, or content that violates human dignity;
  • contains malware, viruses, or any code intended to disrupt or damage systems or data;
  • is used for stalking, harassment, doxxing or unsolicited mass communication (spam);
  • is used to circumvent technical protections, abuse vulnerabilities or otherwise compromise the Service or third-party systems.

We may define further specific rules for permitted and prohibited content in separate usage guidelines. Such guidelines are part of these Terms.

7. Copyright and Takedown Procedure

(a) We respect intellectual property rights and expect our users to do the same. We are not obliged to proactively monitor all User Content, but we may do so in specific cases where there are concrete indications of unlawful content.
(b) If you believe that content hosted on images.aiena.de infringes your copyrights or other rights, you may send a notice to [email protected] with at least the following information:

  • your full name, postal address and a valid e-mail address;
  • a clear description and exact URL(s) of the allegedly infringing content;
  • a description of the rights allegedly infringed and a statement that you are the rights holder or authorised to act on their behalf;
  • a declaration, to the best of your knowledge, that the use of the content is not authorised by the rights holder, their agent or by law.

(c) Upon receiving a sufficiently substantiated notice, we will review the case and, where appropriate, remove or disable access to the reported content within a reasonable time. We may also contact the uploader for statements or clarification.
(d) In cases of obvious or repeated infringement, we may permanently remove content, restrict the user’s account or terminate it, at our reasonable discretion.

8. Moderation, Blocking and Termination

(a) We reserve the right, at our reasonable discretion, to remove or block User Content and to restrict or terminate user accounts where we have indications that:

  • these Terms have been violated, or
  • there is a legal obligation or official order to act, or
  • it is necessary to protect other users, third parties or the integrity and security of the Service.

(b) Where possible and reasonable, we will notify you before or shortly after such measures, explaining the main reasons, unless this would interfere with investigations or legal obligations.
(c) You may terminate your use of the Service at any time by deleting your account, if such function is available, or by contacting us. Termination does not affect accrued rights or obligations.

9. Availability and Changes to the Service

(a) We strive for high availability but do not guarantee uninterrupted access. Maintenance, updates, security work or unforeseen technical problems may temporarily limit or suspend the Service.
(b) We may change functions, introduce new features, or discontinue parts of the Service, provided this is reasonable for users and does not unreasonably affect your legitimate interests. Where substantial changes affect essential functions, we will inform users in an appropriate manner in advance, where feasible.

10. Liability and Warranty

(a) We are liable without limitation for damage resulting from intent or gross negligence by Aiena e.V., its legal representatives or vicarious agents, as well as for damage resulting from injury to life, body or health.
(b) In cases of slight negligence, we are only liable for breach of an essential contractual obligation (Pflicht, deren Erfüllung die ordnungsgemäße Durchführung des Vertrages überhaupt erst ermöglicht und auf deren Einhaltung der Vertragspartner regelmäßig vertrauen darf). In such cases, our liability is limited to the typical, foreseeable damage.
(c) Any further liability of Aiena e.V. is excluded to the extent permitted by applicable law.
(d) We do not assume any responsibility for User Content or for actions of users. As a hosting provider, we are not obliged to monitor transmitted or stored third-party information or to investigate circumstances indicating illegal activity. Obligations to remove or block the use of information under general laws remain unaffected. We shall only be liable for such third-party content from the moment we obtain knowledge of a specific infringement and fail to act within a reasonable time.

11. Indemnification by Users

You agree to indemnify and hold harmless Aiena e.V., its board members, representatives and vicarious agents from and against any claims by third parties (including reasonable legal costs) arising out of or in connection with:

  • your use of the Service,
  • your User Content, or
  • your violation of these Terms or applicable law,

unless you are not responsible for the underlying circumstances.

12. Data Protection and Privacy

We process personal data in connection with the Service in accordance with applicable data protection law. Details are set out in our separate Privacy Policy, which is not part of these Terms but explains how we collect, use and protect personal data. By using the Service, you acknowledge that you have taken note of this Privacy Policy.

13. Changes to these Terms

(a) We may amend these Terms where there is a valid reason to do so, in particular due to changes in legal requirements, case law, technical or economic circumstances, or if new features are introduced.
(b) We will notify users of substantial changes in an appropriate manner (for example, via the website or by e-mail, if available).
(c) If you do not agree with the amended Terms, you must cease using the Service. Continued use of the Service after the effective date of the amended Terms may be deemed acceptance of the changes, provided this is legally permissible in your jurisdiction.

14. Applicable Law and Jurisdiction

(a) These Terms and all disputes arising out of or in connection with the use of images.aiena.de are governed by the laws of the Federal Republic of Germany, excluding conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG).
(b) If you are a merchant, a legal person under public law or a special fund under public law, the courts at the registered seat of Aiena e.V. shall have exclusive jurisdiction for all disputes arising from these Terms. Mandatory consumer protection rules on jurisdiction remain unaffected.

15. Final Provisions

(a) Should any provision of these Terms be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by a valid provision that comes closest to the economic purpose of the original provision.
(b) No failure or delay in enforcing any right or provision under these Terms shall be deemed a waiver of such right or provision.
(c) These Terms are made available in English. If translations are provided, the English version shall prevail in case of contradictions.

16. Contact

For questions regarding these Terms, for copyright notices, or for other legal concerns related to images.aiena.de, you may contact:

Aiena e.V.
E-Mail: [email protected]