Terms

Please read these Terms of Use carefully before using the website “vsble.me” or its provided services!IF YOU DO NOT ACCEPT OR UNDERTAKE ON COMPLYING WITH THESE TERMS AND THE DATA PROTECTION POLICY, YOU ARE NEITHER ALLOWED TO USE THIS WEBSITE NOR THE APP NOR THE SERVICES PROVIDED BY THE WEBSITE OR THE APP.The user agrees to all terms and conditions by using or accessing the Services. If the user does NOT accept the agreement, he may NOT use the services provided.The services are to be retrieved under the following conditions:

1. Scope of Application of the Terms

These General Terms and Conditions (hereinafter called “terms”) contain the legally binding terms for using the services provided by “ArtBrief UG (Haftungsbeschränkt)” respectively artbreif.com UG i.Gr., Grosse Elbstr. 277A. (email: ​info@artbrief.com​) trading under ArtBrief, vsble.com (hereinafter called “vsble.me”, “artbrief.com”, “ArtBrief”, “artbrief”, “us”)The Terms of Use are updated by ArtBrief from time to time. The current version of the Terms of Use is available at http://www.vsble.me and replaces the previous version. If the terms of use are updated, the user will be informed of the respective new version by e-mail. If the user does not object to the changed terms of use, the new version shall be deemed binding.The user can use the services as “visitor” (browsing website or app) or as “member” (registered at vsble.me with an account). By using the services as a visitor the user accepts the legal binding to the terms. After successful registration as a member the additional terms for members apply.By using or accessing the services the user agrees to all terms. Without the agreement to all the terms of use of the services is prohibited. Your use of services is subject to the following terms and conditions:

2. Services provided by ArtBrief / Vsble

ArtBrief provides software and personal Web-Publishing-Services, which enable its users to create and design Online-Portfolios of professional quality, fill these with contents as information, pictures, projects etc., as well as to admin and publish the Online-Portfolio.At the moment the website vsble.me is under development. The user explicitly accepts that the service might contain software bugs and other disorders or might not function as intended or declared. Because of that ArtBrief will update content, functionality and interfaces of the service from time to time. Provided that not differently stated, all new features which lead to changes, additions or improvements become part of the terms.The services provided by Artbrief contain the personal Web-Publishing-Services of Artbrief, the Artbrief website and possibly an Artbrief app for an app compatible mobile end device as well as other functions, contents or services which Artbrief provides from time to time associated with the website or the app.If a user reaches more than 100 GB/transfer per month, ArtBrief is authorized to temporarily deactivate the user’s account. Due to downgrading the account, pausing oder deleting it, contents of the account in question may get lost partly or entirely. ArtBrief is not liable for any losses

3. The user’s authorization and registration

By using the services of ArtBrief or by registering the user declares and assures, that (a) all information required for registration given by the user is true and correct; (b) the correctness of this information will be maintained; (c) the user reached the age of majority or is at least fourteen (14) years old and uses vsble.me only under the supervision and with the consent of a parent or legal guardian. Persons under the of eighteen (18) explicitly promise, that their income and other money used for the participation on vsble.me, is given for their free disposal. The continued use of the services of ArtBrief after reaching the age of eighteen (18) will be understood as consent to all prior declarations and actions the minor has made. This does not apply if the user revokes his consent explicit and in written form within two (2) weeks counting from the date; and (d) his/her use of the services is not against the applicable law or regulations. If there are reasonable grounds to consider the user being under the age of fourteen (14), the user’s account may be deleted without preliminary warning.In order to register the user must enter his/her name, address, profession and e-mail address as well as choose a username and a password. Further the user must enter the name of the website which shall run under vsble (eg. myname.vsble.me). After sending the registration form the user will receive a welcome e-mail containing the confirmation link which the user will need to click in order to confirm his/her identity and finish the registration.Everyone registering as a member needs to choose a user name and a password. It is the user alone who takes responsibility for the secrecy of user name and/or password. The user undertakes never to use another member’s account, user name and/or password of another. The user agrees to inform ArtBrief immediately after the suspicion of a unauthorized use of his/her account or of an unauthorized access arises. The user takes full and sole responsibility for the whole use of his/her account.The users are obliged to provide a complete and correct imprint on their portfolio website according to the statutory obligations of §§ 5 – 6 TMG. Otherwise the user takes full and sole responsibility for any juristic steps taken by third parties. It is prohibited to copy or imitate any marks or functions of vsble.me.The user agrees that the services of ArtBrief contain proprietary and confidential information which is property of ArtBrief and /or its licensor and legally protected. Subject to the terms ArtBrief grants to its users a non-exclusive, non-transferrable license for using the services of ArtBrief. This license can be terminated. The user accepts the grant of rights under the condition that the user may neither copy, modify, create derivative works, reverse engineer, disassemble, reverse compile, publicly display, publicly sell and lease or transfer the services of ArtBrief nor discover or change the source code. If a user registers on vsble.me or gains unauthorized access in order to use services of ArtBrief as not authorized modified versions, including the usefor the purpose of building similar or comparable products, the user is obliged to pay ArtBrief a contractual penalty in the amount of 1.000.000 Euro. The user agrees not to access the services by any other way but by the interfaces provided by ArtBrief. Sublicensing or disseminating the services of ArtBrief is prohibited.The user may terminate using the services of ArtBrief at any time but has to pay ArtBrief the for the accounting period agreed remuneration. The user is solely responsible for terminating the account before the start of the next accounting period. ArtBrief is entitled to instantly terminate the user’s membership account in specific circumstances without prior announcements, especially in terms ofInfringements of terms by the userInquiries on the user by law enforcement authority, governmental authority or courtordersSafety problems and/or technical problems●Non-payment of the owed fees by the userThe user’s inactivity for a longer period of timeAfter the termination ArtBrief is no longer obliged to grant access or use of services of ArtBrief.

4. Remuneration for the services provided by ArtBrief

All payment shall be made in Euros, if not differently stated. ArtBrief accepts Credit Card means of payment. All payments are final and not eligible.The user may choose from the following subscriptions of services provided by ArtBrief: (1) annually, (2) quarterly, (3) biannually, (4) monthly. All types of subscriptions are automatically renewed by default.The user confirms that ArtBrief reserves the right to charge further remunerations for the services of ArtBrief as well as to change the remunerations from time to time at its own discretion by announcements on the website or in the app. By using the services provided by ArtBrief the user is held liable for the payments of all valid remunerations legally agreed upon. The user pays ArtBrief the remunerations announced on the website or in the app.The user further authorizes ArtBrief to invoice the incurring remunerations. If a collect payment is rejected ArtBrief will take two (2) additional attempts of collecting. After that ArtBrief reserves the right to deactivate the membership account or to instantly terminate the membership.After the termination ArtBrief is no longer obliged to grant access or use of services of ArtBrief.

5. Period of terms

This agreement stays entirely effective while the user is a member or uses the services provided by ArtBrief. The user may delete his/her account or end his/her membership at any time without giving reasons. Anyway the member is obliged to pay ArtBrief the remunerations when due. ArtBrief may end the membership at any time without giving reasons with effect beginning with sending a message to the user’s current address given in the user’s account profile. After a termination of membership this agreement stays valid. The user agrees that a termination results in the deletion of his/her profile information in the live-database of ArtBrief as well as the deletion of any content uploaded on the website of ArtBrief or its app under the use of the user’s account. ArtBrief cannot be made liable in any way for terminating the user’s account or the thereto connected deletion of the information or contents.

6. Electronic communication

For every communication via e-mail all legal formal requirements on the concerned way of communication are considered observed. The communication between the user and ArtBrief takes places in electronic means. For contractual purposes the user agrees (a) to receive messages from ArtBrief via e-mail, (b) that all General Terms and Conditions, agreements, messages, disclosures and other messages, which ArtBrief electronically addresses to the user, meet all legal requirements as if they were given in writing. Legal rights are not affected by the above.

7. Access to the services provided by ArtBrief

ArtBrief reserves the right to change, suspend and/or discontinue certain services including the availability of functions, of the database and/or the contents.ArtBrief will undertake all appropriate efforts to make sure that the services are available 24 hours a day, 7 days a week. Anyway ArtBrief reserves the right to interrupt the website and/or the services in case of maintenance, upgrades and repair or in case of a communication system or device breakdown. ArtBrief will take all reasonable steps to minimize those kind of disturbances as far as practically possible.ArtBrief search function is a free service provided to customers so their uploaded images and accordingly their portfolios and websites can be found by non registered third parties. Creatives all over the world, can search and find uploaded contents. By using ArtBrief you accept that your images and your contents will be indexed by ArtBrief search and displayed along with your name and website in the results overview of the particular profession category that you selected during your registration. Subsequently you hereby agree, that your images, your contents and your website can be searched and found on vsble.me by anyone who uses the search function on vsble.me and also can be shared on social networks by third parties. You also agree that third parties can be notified by e-mail every time you upload new content to your website created with vsble.me.ArtBrief​ reserved the right select or exclude certain contents or entire users from it's search in order to assure only high quality, relevant search results and promote only best work of its customers in it's search. ​ArtBrief​ can not be forced to index and display in the search images, albums or certain users by third parties. ​ArtBrief​ reserved the full right to decide which contents will be indexed by it's search mechanism.The user agrees not to make ArtBrief liable for any interruption, change, suspension or lack of availability of the website and/or the services of ArtBrief.

8. The user’s contents (grant of rights and prohibited content)

“Content” means texts, files, pattern templates, pictures, photos, videos, sounds, other possibly copyrighted works and other material.The user, not ArtBrief, is responsible for the contents. ArtBrief does not control any contents and does not have any obligations to control, reject or to remove the contents. However ArtBrief reserves the right to remove contents at any time.The user declares and assures, that he is the owner of the contents and/or that he/she is authorized to grant the licenses stated below for the contents, he/she makes available or posts on vsble.me. The user further declares and assures that his/her contents do not infringe personal rights, publicity rights, copyrights or any other rights belonging to a natural or legal person. The user will hold ArtBrief harmless from any claims concerning these rights, including costs of legal defense.The user grants ArtBrief the right to produce during the terms of contract a new design, layout or a new structure of any kind by using the user’s contents. The user further grants ArtBrief the non-exclusive, worldwide, non-chargeable and non-transferable right of using and copying the contents for promotional purposes. Upon termination of the membership and the use of the services ArtBrief will take all reasonable efforts to instantaneously delete the contents from the website and to stop using them. However cachings or references to the user’s contents might not be instantaneously deleted.By uploading pictures the user especially grants ArtBrief and associated services the right to use parts or screenshots, webcasts and videos on the website and social media including shown pictures for its self-promotion and other marketing purposes such as newsletters or presentations especially on vsble.me.The user agrees not to post or submit any prohibited contents or to provide these in any other way to the services of ArtBrief. “Prohibited contents” means every content which (1) is insulting or encourages racism, fanaticism, hate or physical harm of any kind against a group or a person; (2) harasses or intimidates another person or encourages stalking, harassment or intimidation of another person; (3) contains the transmission of junk mail, chain letters, unsolicited mas mail or spamming; (4) is incorrect or misleading or encourages, approves or supports illegal activities or an insulting, threatening, obscene, defamatory or scurrilous behavior; (5) encourages, reproduces, runs or spreads an illegal or unpermitted copy of another person’s work which is copyrighted or subject to the protection of professional secrecy, eg. by providing pirate-copied computer programs or links leading to those programs, by providing information for bypassing the manufacture-installed copy-protect devices or by providing pirate-copied music or links leading to pirate-copied music files; (6) is participating in exploiting or abusing minors in sexual or violent means; (7) provides instructions on illegal activities such as production or purchase of illegal weapons, infringement of a person’s privacy or providing or producing computer viruses or any other malware; (8) intercepts passwords or personal identification data from other users for commercial or illegal purposes; (9) contains viruses, Trojans, worms, time bombs, cancelbots, corrupted files or similar software; (10) infringes against applicable law, inter alia including laws and regulations, which regulate export controls, unfair competition, the principle of prohibition of discrimination and misleading advertising; (11) contains commercial activities which harm the interests of ArtBrief, or (12) in any other way infringes this contract or make or might make ArtBrief liable. ArtBrief reserves the right to reject the publication of a content which ArtBrief at its own discretion determines prohibited. The user shall indemnify ArtBrief and its associated companies and worker against any claims, losses, liabilities and expenditures (including arising reasonable attorney’s fees, process and defense costs) which are caused due to or in connection with the infringement of this section.

9. Limitation of liability

The following limitations of liability apply to all services provided by ArtBrief:ArtBrief is fully liable for intentional misconduct and gross negligence as well as for damages caused by injury of life, body or health.Regarding slight negligence ArtBrief is only liable for infringements of essential contractual obligations (cardinal obligations). The term “cardinal obligation” in that agreement refers to obligations, which need to be fulfilled in order to execute the agreement and thus the agreement partner may generally trust in the fulfillment.According to this section ArtBrief is under no circumstances liable for absent economic success, loss of profits or indirect damages.The liability according to the aforementioned terms is limited to typical, predictable damages. Typical, predictable damages are limited to the amounts which the user has paid ArtBrief in the last six (6) month before the claim arose.Concerning free services ArtBrief is only liable for intentional misconduct and gross negligence.The user is responsible for setting up a privacy policy and imprint on his site in accordance with the applicable data protection guidelines.Vsble also provides the user with the option of integrating third-party tools and services such as chat, blog, translations and similar into his site. The user is solely responsible for informing the visitors of his website about the use of these tools in accordance with the applicable privacy policy by adding or supplementing a compliant privacy policy on his website. The user shall also be responsible for sufficiently informing the visitors to his website about the cookies that may be used by the integrated tools in his data protection declaration. The user indemnifies ArtBrief against any damage or claim that may arise from non-compliance with the applicable data protection guidelines on his website created with the help of Vsble/ArtBrief.

10. Protection of specific personal identifiable information

ArtBrief only collects user information as far necessary or appropriate to reach the purpose of the services provided by ArtBrief. ArtBrief only transmits specific personal identifiable information only to those employees, contractors and associated organizations who have to know the content of the information in order to work on behalf of ArtBrief and/or provide services on the website of vsble.me and who undertake not to pass the information on to third parties. Nevertheless ArtBrief will expose information when obliged by law or appropriate legal basis and/or if essential for claiming the own position of rights.Cookies: ArtBrief is allowed to use small text files, called “cookies”, in order to improve the services provided by ArtBrief. A “cookie” is a file on the user’s hard disk which stores information about the user. By using cookies each user can be generally personally identified. By visiting the website vsble.me the information (date, time, visited pages) may be stored. This data is not part of personal data, but exists in an anonymous form. This data is exclusively used for statistical purpose. There is no disclosure to third parties, neither for commercial nor for non-commercial purposes. ArtBrief explicitly states that data interchange through internet (eg. communication via e-mail) takes place unencrypted for lack of missing commonly accepted and used standards.ArtBrief uses Google Analytics, a web analysis service of Google Inc. (“Google”). Google Analytics uses cookies as well for analyzing the use of the website. The information generated by the cookie concerning the use of the website vsble.me (including the user’s IP-Address) is transmitted to a Google server in the United States of America as well as stored there. Google is storing this information in order to evaluate the use of the website vsble.me, to compile reports on the website activities for the website operators and for further services in relation to the use of the website and the internet. Google might transfer this information to third parties in case this is necessary and/or required by law. Google will not associate the user’s IP-Address with other Google data.The user may prevent the cookie installation with a corresponding setting of the browser software which might lead to problems using the whole functionality of vsble.me. By using this website of ArtBrief the user agrees with the editing of the acquired data by Google for the aforementioned purpose.If the user has created his own page, he is responsible for compliance with the statutory and especially data protection regulations, in particular for the creation of an imprint and a privacy policy.

11. Contests & Referral Program

Any referral program or contest offered by Vsble can be entered free of charge. The particular referral rewards are desribed during the participation process and are valid only if the email used for participation is a real email an not a "junk" or "one-time" email. The rewards apply only for new users that have not subscribed to any paid plan in the past. The rewards can be applied only once. The rewards are not transferrable and can not be resold. The rewards are only applicable as long the referral program in question is active. If the referral program is discontinued, the un-redeemed rewards will automatically expire. Vsble reserves the right, at any time and without prior notice, to cancel the competition or amend these terms and conditions.

12. Applicable law and jurisdiction

These terms are regulated by German law without being effected by collision norms which possibly provide using law of a different legal system. In case the user is not a consumer or has no orderly court of jurisdiction in Germany, then the court of jurisdiction for all disputes occurring due to or in connection with this agreement is Hamburg.