Terms of use

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We, edding International GmbH Bookkoppel 7, 22926 Ahrensburg, Germany (hereinafter referred to as “edding“, “we“, “us“), operate a web application at www.wall-of-fame.com, which allows any user - whether professional or amateur artist – to draw either alone or together. The web application takes the shape of a wall that stands in a 3-dimensional space and continues to grow in modular form (hereinafter referred to as the “edding Wall of Fame“).

1. Scope of Application

1.1 The following Terms of Use apply to the use of the platform. You can review, download and print out the Terms of Use in the latest version at any time via the website of our platform by using the link “Terms”.

1.2 By using the platform and in particular by registration to use the drawing function on the edding Wall of Fame, you declare that you accept and agree to the Terms of Use. If you do not wish to be bound by these Terms of Use or cannot accept and agree to these Terms of Use, you may not use the platform.

1.3 These Terms of Use apply exclusively to services provided in connection with the edding Wall of Fame.

1.4 Deviating terms and conditions of the user are not accepted unless we expressly agree to their validity in writing.

1.5 We may change and/or supplement amend the Terms of Use as well as the scope of the services, which are described in detail within these Terms of Use. If we do so, we will notify you of the changes in timely manner and give you the chance to accept or reject them.

2. The Platform and our Scope of Services

2.1 Once you have been registered, you are welcome to draw your own artworks on the edding Wall of Fame (hereinafter referred to as ”Artwork”) and to publish them on the platform for other users. Every stroke you make to create your Artwork on the edding Wall of Fame is permanent and cannot be deleted. However, you and any other registered platform user are able to paint over or add something to the relevant section of the edding Wall of Fame.

2.2 As a registered user, you also have the opportunity to participate in art contests (competitions) on our platform (see section 10), to exchange ideas with other users, to get in contact and to share content with other users.

2.3 Your Artworks created on the edding Wall of Fame are visible to other users (including non-registered users). Other users can also explore the edding Wall of Fame without registering and watch how you create your Artwork in 'real-time'.

2.4 Upon completion of your Artwork, only registered users of the platform can take a ”snapshot” of your or any ofand/orther Artwork on the edding Wall of Fame, save it in their own user profile and download it as an image file to their own device. For each snapshot, users can also generate a link and share the link on social networks. Furthermore, registered users have the possibility to “like” Artworks of other users (so-called “Fame Tokens”), which are displayed in the respective user profile.

2.5 For this purpose, we are providing the platform free of charge within the scope of our technical and economic possibilities. We do not have any further obligations to perform.

2.6 We do not guarantee that the platform will meet your requirements. In particular, we make no warranty for technical details or the suitability of the platform for any particular purpose.

2.7 We try hard to keep our services available. However, there is no right to claim constant availability of the platform.

3. Login, Registration and User Profile

3.1 You can also use our platform without registration, i.e. you can check out the Artworks in progress or completed Artworks on the edding Wall of Fame. However, if you would like to draw on the edding Wall of Fame yourself or use other functions (liking, sharing, chat messaging etc.), you will need to register via Social Login (Facebook or Google).

3.2 Only users who have reached the age of 18 are entitled to register. There is no right to claim a user profile. The platform is not meant for anyone under the age of 18 or for users who have been excluded from the platform by edding.

3.3 You can register via your Facebook or Google account. To do so, use the link ”Login via Facebook” or ”Login via Google”. After entering the login data for your Facebook or Google account, you can use our service with your Facebook or Google profile. Thus, you can use the existing information from your account to transfer it to your user profile, e.g. to create a user profile your first and last name as well as your e-mail address are required. In addition, you can always log in afterwards using the log-in service of your choice.

3.4 You have to enter a user name to set up your user profile. The user name can be a pseudonym and does not have to correspond with your actual name. You are free to subscribe to the newsletter by ticking the checkbox and/or to add a short text and/or a website link (e.g. Instagram Profile) in the ”description section” of your user profile. Once the user profile is set up, all functions of the platform can be used.

3.5 Your user profile is visible to every user to the website, but your first and last name as well as your e-mail address are not visible to other users. Further information on how your personal data is processed by edding when using the platform can be found in our privacy policy on our platform at www.wall-of-fame.com/privacy-policy.

3.6 You are not allowed to give third parties the access data to your user profile of the platform. You are obliged to keep your access data secret and to protect your user profile from access by third parties. Please inform us immediately at support@wall-of-fame.com if you notice any unauthorized use of your user profile or any other breach of security of our services is taking place or could take place.

4. Logout/ Deactivation of the User Profile

4.1 You can terminate the use of the platform at any time by deleting your user profile via a corresponding button in your user profile. Yet, your Artworks on the edding Wall of Fame and the link to your profile will remain on the platform until it is manually removed by us. If another user clicks on your artwork, however, he or she will no longer be able to connect to your user profile.

4.2 All provisions of these Terms of Use which are meant to continue to apply beyond the deletion of your user profile (including, but not limited to, all limitations of liability, choice of law, and intellectual property and licensing provisions) shall remain in effect.

5. Obligations of the User

5.1 You are responsible for creating and maintaining the technical requirements for access to the platform, in particular with regard to the hardware and operating system software used, the connection to the Internet and the current browser software.

5.2 In the event of further development of the platform, it is up to you, after being informed by edding, to make the necessary adjustments to the IT you use.

5.3 In order to be able to use the platform properly, you must accept the cookies transmitted by the edding server, which are required for the relevant session. Otherwise, you will not be able to use the platform's functions to their full extent. It is up to you to carry out the appropriate adjustments.

6. User-generated Content

6.1 Our platform allows you to create Artworks on the edding Wall of Fame and to upload and share content generated by you (”User-generated Content”). In addition to the Artworks created on the edding Wall of Fame, User-generated Content includes, for example: account names, chats, similar functions, profile content and other content that users contribute to or through the service.

6.2 You remain the owner of all intellectual property rights to your Artworks that you create and make available on the edding Wall of Fame. We raise no claim to ownership, rights, property or use of your Artworks unless it is expressly granted to us in these Terms of Use.

6.3 You grant us a worldwide, irrevocable, non-exclusive and free of charge license to use, copy, distribute, modify, create derivative works, exhibit, the performance and distribution of the Artwork you have created on the edding Wall of Fame and of User-generated Content (in whole or in part) in any media format and through any media channels (known or later developed) also for commercial purposes (especially for printing on physical products/packaging, on advertising material (flyers, exhibition walls, brochures) and for digital use (social media posts, newsletters). We are entitled to make the contents available to third parties. In particular, we are entitled to store content and make it available on our platform for retrieval by third parties publicly and without access restrictions.

6.4 In order to identify yourself as the author of your Artwork, you also grant edding a free, revocable license to use your user name. Your rights, particularly your personal rights, will remain unaffected in the event of an unlawful use of your user name.

6.5 If you draw something on the edding Wall of Fame, you authorize us, in addition to the license you grant us, to publish your Artwork and allow other registered users of the platform to download and use it, as well as sending a link with which your User-generated Content can be published or shared.

6.6 With regard to the Artwork you create on the edding Wall of Fame, you waive your right to view or approve any marketing or promotional material associated with your Artwork prior to its publication, provided we use your Artwork in accordance with applicable law. Within the right of determination of authorship in accordance with Section 13 sentence 2 of the German Copyright Act, you agree that your name and designation as author may be used by edding within the framework of the exploitation of your Artwork, in particular for printing on physical products/packaging, on advertising material (flyers, exhibition walls, brochures) and for digital use (social media posts, newsletters etc.), but there is no obligation to do so.

6.7 You also grant us the right to enforce any violations of any sublicenses we may grant others on the Artworks as part of your copyrights. In other words, if another platform user uses one of your Artworks or parts of it that he or she has downloaded from the platform in violation of the rights granted to him or her, you authorize us to enforce your copyrights on the Artwork on your behalf.

6.8 With regard to User-generated Content that you want to create and make available to other users, you accept and comply with the following conditions:

6.8.1 Any part of an Artwork that includes or contains our intellectual property rights remains our property.

6.8.2 User-generated Content must comply with all applicable laws; in particular, user-generated content may not infringe the personal rights, copyrights, trademarks or patent rights of third parties.

6.8.3 User-generated Content may not contain content that can be interpreted as abusive, harassing, defamatory, molesting, harmful, hateful, inaccurate, offensive, indecent, obscene, invasive, pornographic, shocking, threatening, illegal, violent or vulgar. It is prohibited to advertise products, goods or services and to take actions that promote extremism, discrimination, hatred, intolerance or racism or incite violence (including incitement to suicide). It is not permitted to formulate political messages for or against persons, parties, political beliefs or topics of a religious nature, or to make defamatory statements in relation to other Artworks on the edding Wall of Fame, towards their copyright holders or other users (hereinafter referred to as ”Prohibited Content”).

6.8.4 You also agree not to use the platform for illegal or unlawful purposes, such as inciting unlawful conduct.

6.8.5 If you create User-generated Content, you are responsible and liable for it; we are not responsible or liable for User-generated Content.

6.8.6 You have to comply with applicable data protection regulations when you create and publish User-generated Content.

7. edding's Rights in the Event of Infringements

7.1 We have the right, but not the obligation, to review User-generated Content to determine whether it complies with the use permitted under these Terms of Use.

As a user, you also have the possibility to report Prohibited Content on our platform, which in your opinion violates these Terms of Use, at support@wall-of-fame.com. We will check the reported content and take the necessary measures.

7.3 In case of a violation or if we have indications that a violation has occurred, we are entitled to block, change or even delete User-generated Content. Furthermore, we are entitled to block temporarily your user profile until the factual and legal situation has been finally clarified or to exclude you from using the platform with immediate effect.

7.4 If you believe that we have wrongly blocked or deleted your user profile, please contact us at support@wall-of-fame.com.

8. Rights of Use

8.1 We are the owners of the copyright and other industrial property rights to the edding Wall of Fame platform and reserve all rights to the platform, unless these have been granted to the user.

8.2 You shall not reproduce, rent or lease, edit or otherwise modify or sublicense the platform in whole or in part. You are not allowed to decompile, disassemble or reverse engineer the platform.

8.3 You can create a text hyperlink to the website, as long as this link does not portray edding or our products or services in a false, distorting, offensive or otherwise disparaging manner. This limited right can be revoked by edding at any time.

9. Data Security, Erasure of Contents

9.1 You are aware and you agree that the User-generated Content and other data will be stored on server systems of external service providers without special encryption only in compliance with simple security regulations and that the loss of data is possible due to hardware or software failures, force majeure, etc.

9.2 Internally, edding may make back-ups of platform data which may be restored. However, there is no claim to recovery against edding.

9.3 A storage of User-generated Content, especially of a created Artwork, for a certain period of time is not guaranteed.

10. Art Contest (Competitions)

Occasionally, art contests will be held on sections of the edding Wall of Fame (hereafter ”Contest Wall”) for a certain period. These Terms of Use apply to the competition, the Contest wall and the content you generate on it.

10.1 Right to Participate

10.1.1 All registered users of the platform have the right to participate in art contests, with the exception of employees of edding International GmbH and/or cooperation partners and/or companies that were or are involved in the implementation of the competition, as well as their family members. Each user can participate in a competition with several Artworks. Participation is free of charge.

10.1.2 The participation in art contests is only possible by creating Artworks on the Contest Wall. Submissions of Artworks via other channels (e-mail, post, etc.) cannot be considered.

10.1.3 Since only you are entitled to use your user profile (see section 3.6), the Artwork can only be created by you. Participation as a team is not possible.

10.1.4 During an ongoing art contest, it is not allowed to overdraw or add to the Artworks of other participants.

10.1.5 There is no recourse to legal action.

10.2 Additional Conditions

Additional conditions of participation (e.g. duration of the competition, type and scope of the prize) will be stated with the respective competition.

10.3 Handling

10.3.1 The Contest Wall will close at the end of the contest period. All created Artworks remain visible, but nothing new can be added.

10.3.2 A jury (consisting of employees of edding and/or cooperation partners, such as cooperating artists) will select the winner. If you have won, we will inform you on the platform via personal notification. Any fame tokens received from other users are irrelevant to the selection of the winner.

10.3.3 edding reserves the right to award consolation prizes among all participants in an art contest.

10.3.4 In the event of an unsuccessful notification of a win, we reserve the right to determine a new winner. The disadvantages resulting from the fact that you do not contact us despite notification are at your expense.

10.3.5 The item presented, as material prize within the competition is not necessarily identical with the item obtained. Rather, there may be differences with regard to model, color, etc. We are entitled to select an item of average type and quality equivalent to the item presented as a material prize.

10.3.6 The material prizes will be sent by us or a third party commissioned by us, forwarding agency, parcel service or post to the postal address to be provided by the winner. Delivery will be free of charge.. The place of performance shall remain the registered office of edding, despite payment of the shipping costs.

10.3.7 The material prizes will not be dispatched if, for legal or factual reasons, dispatch is not feasible or only at disproportionate expense (e.g. due to trade policy measures in the form of embargoes, other customs and import conditions, transport difficulties, undeliverability). edding will inform the winner accordingly.

10.4 Changes to the Participation Rules and Termination of the Art Contest

10.4.1 We reserve the right to change the conditions of participation at any time.

10.4.2 Furthermore, we expressly reserve the right to terminate the art contest without prior notice and without giving any reason. This applies in particular to any reasons that would disrupt or prevent a scheduled course of the art contest.

11. Liability

11.1 We are not liable for damages, delays or impediments to performance that are outside our area of responsibility.

11.2 We are not liable for damages resulting from inappropriate, improper use or usage not according to regulations of use of the platform.

11.3 Regardless of the legal grounds, we shall only be liable for damages caused intentionally or by gross negligence, or in the case of damage to life, body or health culpably caused by us, or in the case of a culpable breach of an essential contractual obligation, or in the case of non-fulfilment of a guarantee or if a defect has been fraudulently concealed by us. An essential contractual obligation within the meaning of this provision is an obligation on the part of edding, the fulfilment of which is essential to the proper execution of the contractual relationship between edding and you as the user, the breach of which jeopardizes the achievement of the purpose of the contract and on the observance of which the user regularly relies.

11.4 In the event of a breach of an essential contractual obligation due to simple negligence, our liability shall be limited to the typically foreseeable damage.

11.5 Any further liability by edding is excluded. Liability under the German Product Liability Act remains unaffected by these Terms of Use.

11.6 We are not liable for contents to which the user is directed via a link that clearly leads out of our website. We have no influence on the content of such external websites nor do we adopt the contents as our own.

12. Third-party Property Rights

12.1 You shall indemnify and hold us harmless against all claims, including claims for damages, which other users or other third parties may assert against us based on infringements of their rights by the content you generate on our platform or other use of the platform, in particular based on a breach of the obligations under Section 6 of the Terms of Use. You shall assume all reasonable costs incurred by us in this respect, including reasonable costs for legal defense. Our further rights and claims for damages remain unaffected.

12.2 If third party rights are infringed by your use of the platform, you will immediately cease any use that is contrary to the contract and/or illegal.

13. Data Protection

Data protection is regulated in the separate data protection declaration www.wall-of-fame.com/privacy-policy.

14. Final Provisions

14.1 These Terms of Use of Use and all disputes, claims or obligations (contractual and/or non-contractual) arising out of, in connection with the same or their subject matter or with the conclusion of the same shall be governed by German law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

14.2 We are not obliged to take part in any dispute settlement proceedings before a consumer arbitration board and do not submit to any dispute settlement proceedings.

14.3 If any provision of these Terms of Use should be or become invalid, this will not affect the validity of the remaining provisions of these Terms of Use. Instead of the invalid provision, a provision shall be deemed to be agreed which comes as closest in legally valid manner to the economic intend of the invalid provision.

15. Download Terms of Use

For permanent storage of the above Terms of Use on a data carrier, you can download them as a PDF file free of charge from www.wall-of-fame.com/terms. To open a PDF file, you may need a special program, such as the free Acrobat Reader or a comparable program that can handle PDF files.