Photoclub is a meeting place for dedicated (hobby) photographers. Membership is a privilege, not a right. Photoclub is neither anarchy nor pure democracy, but a democratic community with rules. These rules are based on our values and goals, and therefore can only be discussed within the framework of these values and goals.
Values
We want to create an oasis for photographers here—an oasis where everyone feels comfortable. Kindness, respect, and decency are more important to us than photographic skill or membership fees. Anyone who behaves disrespectfully or indecently loses our respect and, with it, the privilege of membership—regardless of whether they are a professional photographer or a premium member. Along with good social skills, we expect our members to have a basic level of photographic and technical competence. Beginners eager to learn are always warmly welcome.
Goals
We want to grow and gradually hand over as much control of Photoclub as possible to our members. The organization and management should be independent and democratic, but always within the framework of these club rules. We aim to create the conditions for this here.
§1 Scope
(1) Our club rules apply to all users of this website. By using this website, you agree to these club rules and our privacy policy. If you do not agree with our club rules or privacy policy, you are prohibited from using this website. Photoclub, its legal representatives, and/or agents cannot be held liable for violations of these rules. In case of violations, Photoclub will exercise its house rules. If you disagree with these rules or no longer agree with them, you may cancel your membership at any time.
(2) Photoclub reserves the right to amend its club rules as needed. You will usually be notified of changes by email. However, it is your responsibility to check the rules for updates. By logging in, members agree to the currently valid rules. If a member does not object to the changed rules within four weeks after the change or notification, the rules are considered accepted by the member. A withdrawal from the rules can be made at any time by email.
§2 Code of Conduct
(1) Respect
Freedom of expression ends where the dignity of another is violated! Treat every member with respect, no matter what you think of them. Social skills are valued more highly in Photoclub than photographic skills. A person can be an excellent photographer, but if they behave disrespectfully, insultingly, or condescendingly (whether subtly or openly) toward other members, they are not suitable for our Photoclub as a whole. Inappropriate social behavior such as rudeness, sarcasm, hostility, insults, or threats (whether subtle or overt) will lead to exclusion after repeated unsuccessful mediation attempts.
(2) Loyalty
As a club member, you should support Photoclub to the best of your ability. We want only members who stand with us and behind us. Members who harm the club—whether through slander, defamation, or other means (subtle or overt)—lose the privilege of membership. We expect our members to understand the difference between constructive and destructive criticism and to act accordingly.
§3 What is Allowed?
(1) Content
In general, all content is allowed on Photoclub as long as it does not violate applicable law, good morals, or decency, and does not originate from other websites. Sexualized content is only permitted in the 16+/18+ zones. Please also refer to our 16+ Rules! Each member is responsible for ensuring that the content they publish complies with these rules. Web addresses in images or image descriptions are not allowed.
(2) System
Repeatedly sending or posting (largely) identical information on or through our system is considered spam and is not allowed. Using our system for advertising, poaching members, or other agitation is also prohibited. Any actions that could excessively burden the system are forbidden.
(3) Registration
Registering with a domain name as a username is not allowed. To ensure posts can always be clearly attributed, multiple registrations by the same user are prohibited. For the same reason, multiple people sharing one account is not permitted. The account owner is responsible for keeping their password confidential and is accountable for all actions taken with their account.
(4) Members
Actions that harass other members are not allowed. Treat every member with respect, regardless of your opinion of them. Members who habitually provoke conflicts, insult others (subtly or openly), or spread negativity are not welcome at Photoclub. In such cases, we will exercise our house rules.
(5) Criticism
Constructive error reports and suggestions for improvement are gratefully received via the support system. So-called "protest images" or "protest posts" aimed at stirring up negativity against Photoclub are not welcome. We expect our members to understand the difference between constructive and destructive criticism and to act accordingly. Members who consistently express destructive criticism toward Photoclub demonstrate an intent to harm the club and its members. In such cases, we will exercise our house rules.
§3 Rights
(1) There is no entitlement to membership in Photoclub. Only those who accept these rules, adhere to them, and prove suitable can become and remain members.
(2) Images/texts can be removed by us at any time without giving reasons if circumstances require it.
(3) We strive for smooth operation, but there is no legal claim to availability or use of Photoclub.
(4) The user indemnifies Photoclub against all third-party claims arising from an actual or alleged infringement of third-party rights and defends against such claims upon first request.
(5) If a paid membership is suspended or terminated due to rule violations, the member has no claim to a refund of partial or full fees. Outstanding invoices up to the suspension date must be settled.
(6) If a user is suspended, they are prohibited from using Photoclub for the duration of the suspension, except to cancel their (premium) membership. In case of exclusion, they are also forbidden from re-registering or accessing Photoclub as a guest or in any other way.
§4 Premium
(1) Use of certain services within Photoclub requires payment. By activating paid services, the user accepts the associated payment obligation and waives the right of withdrawal. The exact fees and conditions are displayed during activation of each service. The paid service "Premium Membership" provides additional features and support via a "Premium Access." Once activated, the service is considered fully delivered and can be canceled but not revoked.
(2) Any fees are payable in advance without deduction. Overpayments will be credited toward the next payment. Refunds are excluded for technical and organizational reasons. Paid memberships, premium support, and VIP memberships begin immediately upon booking/purchase. Some premium features will only be activated after payment is received and assigned. Payment is expected within 7 days of booking. Orders/bookings are binding.
(3) If a PayPal "dispute" is filed for "unauthorized account access," "item not received," "item not as described," or similar false claims, we incur an additional processing fee of €9.00. We reserve the right to charge you for these costs. Premium features are automatically activated upon PayPal payment. Withdrawing payment via a PayPal dispute after activation constitutes fraud and will result in legal action and debt collection.
(4) Premium membership can only be canceled by terminating the premium membership itself. Canceling your standing order, payment authorization, or subscription does not automatically cancel your premium membership. Stopping or refusing payment also does not automatically cancel premium membership.
(5) Premium features and related contracts automatically renew for the chosen or stated payment period unless canceled at least 30 days before the end of the access/payment period via the system’s cancellation function. Cancellation by email is only possible after consultation and in exceptional cases. Please use the provided cancellation button exclusively. Online cancellation requires just a few clicks. Upon successful cancellation, you will receive a confirmation from the system. Please also refer to our help section.
(6) No refunds of partial membership fees will be made in case of suspension, exclusion, or revocation of these rules.
§5 Disclaimer
(1) Content of the Online Offer:
The content on our club pages is created with great care. Photoclub assumes no liability for the timeliness, accuracy, completeness, or quality of the information provided. Liability claims against Photoclub for material or immaterial damages caused by the use or non-use of the information or by the use of incorrect or incomplete information are generally excluded. All offers are non-binding and subject to change. Photoclub expressly reserves the right to change, supplement, delete parts of the pages or the entire offer without prior notice or to temporarily or permanently discontinue publication.
(2) References and Links
For direct or indirect references to external websites ("links") outside the responsibility of Photoclub, liability would only come into effect if Photoclub had knowledge of illegal content and it was technically possible and reasonable to prevent usage. Photoclub hereby expressly declares that at the time of linking, no illegal content was recognizable on the linked pages. Photoclub has no influence on the current and future design, content, or authorship of the linked/connected pages. Therefore, Photoclub expressly distances itself from all content of all linked/connected pages that were changed after the link was set. This applies to all links and references within its own internet offer as well as to external entries via functions set up by Photoclub. Liability for illegal, incorrect, or incomplete content and especially for damages resulting from the use or non-use of such information lies solely with the provider of the page to which reference was made, not with the one who merely links to the publication via links.
(3) Copyright
We point out that Photoclub cannot be held liable for image or text theft and copyright infringements by third parties. Images, texts, and photos you publish on Photoclub are visible to all internet users. Anything visible on the internet can, of course, be downloaded. There is absolutely no effective download protection, neither here nor anywhere else on the internet. Therefore, we do not use pointless measures like disabling right-click. By registering and using Photoclub and subsequently publishing photos, you acknowledge that you are aware that the risk of potential misuse of your photos by third parties is not increased by the absence of such measures.
§6 Supplement to Copyright
(1) The images uploaded and published by members on Photoclub will be referred to below as photos.
(2) The user guarantees that they own the copyright and/or the right or permission to publish their photos on Photoclub. The user alone is responsible for the content of their published photos.
(3) Copyright remains with the photographer or uploader in all cases. However, the user grants Photoclub an unlimited temporal and spatial right to use the photos/texts within the framework of the club rules and thus makes their photos/texts available for viewing by all Photoclub users—also within the framework of these rules. The user has the right to revoke this. To do so, the uploader can delete their photos. Photoclub points out that photos/texts may still be stored and displayed on third-party sites such as search engines or caching services even after cancellation or revocation of usage rights or deletion of the photos/texts.
(5) Once a photo is published, the user can undo the publication at any time by deleting it or changing the privacy settings of the photo/gallery/folder. If you want all your photos deleted and have more than 100, a message via the contact form is sufficient.
(6) Pornographic, defamatory, satirical, slanderous, or otherwise illegal use of a photo or other images from Photoclub is not permitted.
(7) If uploading or using a photo infringes the rights of third parties, Photoclub cannot be held liable. If you suspect a copyright infringement, please report it to us with detailed information.
(8) The content and works created by Photoclub on these pages are subject to copyright. Reproduction, editing, distribution, and any kind of exploitation beyond the limits of copyright require the written consent of the respective author or creator. Downloads and copies of this site are not permitted. As far as the content on this site was not created by the operator, third-party copyrights are respected. In particular, third-party content is marked as such. Should you still become aware of a copyright infringement, please inform us accordingly. Upon becoming aware of legal violations, we will act accordingly.
§7 Severability Clause
If parts or individual formulations of this text are legally invalid or become invalid later, the validity of the remaining rules is not affected. The invalid provision will be replaced by the applicable legal regulation. The same applies if the rules contain an unforeseen gap. Photoclub cannot be held liable for violations of these club rules. The user indemnifies Photoclub against justified claims by third parties made against Photoclub due to the use of rights granted by these rules. In case of legal disputes, the user assumes all judicial and extrajudicial costs of legal defense incurred by Photoclub.
Closing Remarks
Our rules were created to realize our vision of a Photoclub. They are based on firm values and goals and can only be discussed within this framework. The creators and members of Photoclub come from all over the world. If this does not suit you, unfortunately, our offer is not for you. If you have a different idea of a Photoclub and its rules, you are free to realize your vision in another community. Likewise, we are free to shape our Photoclub according to our vision. So, if our rules do not match your nature, then this simply isn’t your club. Otherwise, we wish you lots of fun and great connections at Photoclub.