Terms & Conditions

General
1. XNIP is a range of services offered by XNiP GmbH, Mittelweg 177, 20148 Hamburg. These general terms and conditions apply to all business relations between XNiP GmbH and users of the Internet platform XNIP.com.
2. The Internet platform XNIP is for non-commercial end users. XNiP GmbH makes it possible for XNIP users to store digitalised print content, such as press articles, company profiles and business cards, when hired by commercial contractors. In certain print content there will be a XNIP code issued that the user can submit to XNIP through sms or online. Thereupon digital copies of that print content will be stored free of charge in the customer’s personal account on the XNiP GmbH server. Through an individual user name and password, each customer can enter his personal account.
3. XNiP GmbH is authorized to change the content of the services or the user terms at any time, provided that adequate advance notice is given. In such cases the user has the right to terminate the agreement with XNiP GmbH in writing up to 14 days after the changes take place.
Offer and contract closure
1. The services on offer from XNiP GmbH will be continually maintained and developed.
2. The services on offer from XNiP GmbH are subject to change without notice, as long as the documentation, images and output data for that service is not described as binding. Declarations of acceptance need to be confirmed for their legal effectiveness by XNiP GmbH.
3. With the submission of the registration the user requests that a free of charge account, for non-commercial use, be set up with XNiP GmbH, along with storage space on the XNiP GmbH server.
Registration and customer profile
1. Every user has to have an own XNIP account. It is not permitted to have jointly held accounts.
2. The registration of each user is a condition for the use of XNIP. Through registering, the user agrees to let his data in the customer profile be electronically stored and processed.
3. The user is obliged to give accurate and complete information when filling in the XNiP GmbH registration and it is up to the user to ensure that the information is kept up to date (nr. 9 Data Privacy Protection).
4. In the course of the registration process, the user must provide a clear combination of user name and password (access information). After registering, the user will receive confirmation of his access information by email.
5. It is also possible to do a preliminary registration through sms as a prior step to complete registration. After the initial submission of a XNIP code to XNIP, the user receives a preliminary password through sms. In this case the individual mobile phone number acts as the preliminary user name. The first time the user logs on to the XNIP website, the user will be asked to finalise the registration.
6. The user is responsible for ensuring that the access information remains secret and to change his password regularly. It is not permitted to share this access information with a third party.
7. XNiP GmbH has the right to delete accounts that have not been used for over 1 year, provided that they give a one-off notice.
Receiving email
1. XNiP GmbH provides the option to exchange information through email with other third parties who are also registered as XNIP users. Once the contract is signed, the user has agreed that third party users may contact him through email without further individual consent being necessary. The user can cancel the email traffic at any time and without reason with XNiP GmbH.
2. XNiP GmbH provides the option to be informed through sms about all sorts of current upcoming events by third party users who are also registered users of XNIP. Once the contract is signed, the user has agreed that third party users may contact him through sms without further individual consent being necessary. The user can cancel the sms traffic at any time and without reason with XNiP GmbH.
XNIP storage space and copyright, illegal content
1. All data will be stored on the XNiP GmbH server or on that of an appointed service provider.
2. All functions and restrictions on the XNIP portal are neither to be evaded nor disrupted. A breach against these rules can result in the immediate cancellation of the violator’s account, or in a legal prosecution by XNiP GmbH.
3. All, or parts of copyright protected work will be stored for the user. All actions in connection with the use of XNIP, i.e. the order, processing and storage of copies, are subject to copyright laws.
4. When using XNIP the user should not break any laws, or act immorally. XNIP users have to respect the rights of third parties, particularly personal rights, name rights, trademark rights and copyrights. XNiP GmbH will not tolerate the spread of any illegal material and once aware of it will prevent its spread. XNiP GmbH is not obliged, nor is it in a position to check all the stored material for its legal correctness, however has the right to check and also to delete such material.
Fees
1. The use of the Internet platform XNIP is free of charge. This does not include the usual costs associated with an Internet connection.
2. When using preliminary registration through sms, as well as XNIP-code-submission through sms, there are associated costs from the telecommunications networks upon which XNiP GmbH has no influence.
3. The user has the option to register an own XNIP-code for a nominal charge. For the registration of one’s own XNIP-code, specific terms must be confirmed by the user during the registration process.
Termination/Cancellation of use of XNIP.com
1. The user can terminate his XNIP account without reason with a notice of 4 weeks prior to the end of each calendar month. All that is required is for a message to be sent to XNiP GmbH, Kattrepel 2, 20095 Hamburg, which should include the user’s address and customer number.
2. The right of cancellation under extraordinary circumstances remains unaffected. Reasons for an extraordinary cancellation of a user account by XNIP, exist especially when
  - the user violates or tries to avoid clauses 3 and 4
  - the user requests services under the use of false information in the customer profile
  - the access information is used by a party without consent and after one warning another violation occurs.
3. XNIP, irrespective of clause 6.2, can block the user and prevent further orders as long as
  - the user violates any of the clauses in these general terms and conditions
  - it is not possible to reach the customer at the address which he has provided
  - there is reason to suggest misuse of the XNIP services, particularly copyright violations.
Warranty
1. Due to technical reasons, XNiP GmbH cannot guarantee accessibility by email, or that of the URL (http://www.xnip.com or it’s other URLs). XNiP GmbH also does not guarantee the correctness or completeness of any of data transferred through the Internet. The user uses the Internet at their own risk and adheres to the national and international laws that govern the use of Internet. Separate guarantee or warranty promises of the XNiP GmbH remain unaffected. XNiP GmbH is not liable for performance delays due to events, which are beyond their control and are also not liable for the periods when their services are not temporarily unavailable, or difficult to request, (for example strike, lockout, authority orders etc. even if they occur with subcontractors). Those circumstances entitle XNiP GmbH to postpone their services for the duration of the disruption, as well as the time it takes to restart the service.
Disclaimer
1. XNiP is acting according to the very strict 'data protection laws' of the EU (BDSG), the Tele-media laws (TMG) and the other information privacy laws.
2. When a client registers for the use of an XNiP-code, they agree that their contact details can be shared with and stored by other registered XNiP users using the XNiP code on the XNiP website.
3. The user can withdraw their stored contact details at any time and for no reason, either in writing or by sending an email to XNiP GmbH. Once notice has been received, the contract ends immediately since XNiP would no longer be in a position to fulfil the contract. XNiP would delete all stored data and show the client proof in writing that all data has been deleted.
4. XNiP GmbH only saves customer data over the period of the contract, or rather over the period of time that the law outlines. Afterward, all data is deleted, or made anonymous.
10. Data Protection
1. The personal data which is collected in the scope of this contract will be stored and processed centrally by XNiP GmbH. XNIP will store, use and process the personal data for the execution of the contract. The personal data can be conveyed to a third party in the scope of a commissioned data processing. Own use or circulation to other third parties of the personal data is not authorized. Incidentally, no personal data will be transferred to third parties. As soon as data is collected, it is simply forwarded in an anonymous version.
2. The user can at any time and without reason withdraw his consent to use the collected data by writing, or by sending an email to XNiP GmbH. As soon as a withdrawal request is received the contract ends because XNiP GmbH is no longer in a position to fulfil the purpose of the contract. XNiP GmbH will delete the personal data after contract termination and the deletion can be proved to the user on written demand.
3. XNiP GmbH only stores the user’s personal data for the period of time in accordance with the legal guidelines. Afterward all personal data is deleted or made anonymous.
Applicable law, severability
1. In the case of litigation between the user and XNiP GmbH, only the German version of these general terms and conditions is applicable. For these terms of use and the whole privity of contract between XNIP and the user, only the formal and material laws of the Federal Republic of Germany, with the exception of the German international privacy laws, are valid.
2. In the case a clause in these general terms and conditions, or a clause in the scope of other agreements becomes invalid, the validity of all other clauses or agreements remain unaffected.

July 2009