General Conditions for Subscriptions to Structurae

I. Scope

These general subscription terms and conditions apply to all paid services offered via the Structurae platform on https://structurae.net for the provision of digital content, which are concluded as a subscription for an indefinite or predefined duration.
These subscription terms are part of Structurae’s General Terms and Conditions at https://docs.structurae.net/en/legal/terms/.

II. Definitions

“Registered Member” means the natural or legal person or entity or institution indicated at the time of registration on the Structurae Platform.
“Customer” means a registered member who has taken out a paid subscription on the Structurae platform, on the basis of which access to Digital Content is granted to Authorized Users.
“Authorized User” means the natural persons who are authorized to use Digital Content after entering into a Subscription Agreement.
1. If the Customer is an individual, only this person is an Authorized User.
2. If the Customer is an educational institution, Authorized Users are persons belonging to the teaching staff (e.g. (university) teachers, research assistants, training managers, etc.), learners (e.g. students, pupils, trainees) and technical staff (e.g. secretary’s office, library, archive) of the educational institution as well as persons close to the educational institution (e.g. members of the sponsoring association of the educational institution). The number of Authorized Users is determined by the subscription selected in each case.
3. If the Customer is a research institution, Authorized Users are persons working scientifically in the research institution (scientists, researchers, doctoral students, research assistants, etc.). The number of Authorized Users is determined by the subscription selected in each case.
4. If the Customer is a club or association, Authorized Users are members and employees of the club or association. The number of Authorized Users is determined by the subscription selected in each case.
5. If the Customer is a company, the Authorized Users are the managing directors or employees and other staff working in this company. The number of Authorized Users is determined by the subscription selected in each case.
“Research institutions” means institutions of higher education, research institutes, or other institutions where scientific research is conducted by scientists or students.
“Educational institutions” means early childhood educational institutions, primary and secondary schools, institutions of higher education, and institutions of vocational or other education and training.
“To illustrate teaching and instruction” includes both teaching or lectures, seminars, courses, examinations, and their preparation and follow-up, as well as the provision of material to participants in these events via the intranet of the educational institution. “Instruction” includes all types of knowledge transfer, including currently not yet known incorporeal reproductions. Instruction, therefore, includes traditional forms of knowledge transfer (face-to-face instruction and distance learning) as well as modern forms of knowledge transfer (e.g. distance learning, e-learning, Massive Open Online Courses [MOOCS] or similar).
“Teaching for non-commercial purposes“: In this respect, it is not the purpose of the educational institution that is decisive, but the purpose pursued with the respective use of the work. “Commercial” is any instruction and teaching aimed at making a profit (e.g. so-called certificate course offerings).
“Non-commercial scientific research”: In this respect, it is not the purpose of the respective research institution that is decisive, but the purpose pursued with the respective use of the work. “Commercial” is any research aimed at making a profit (e.g. research at universities that serves the development of specific products financed by a corporation aimed at making a profit).
If the Customer is an individual, the Customer’s access to the subscribed modules shall take place via the password-protected customer account created by the Customer on Structurae.
In all other cases, the access of the Customer or the Authorized Users shall be made according to the access procedure to be agreed upon separately in each case.
The Customer is obligated to keep the access data and the passwords secret and to prevent unauthorized use by third parties; furthermore, the Customer shall ensure and be liable that the authorized users also comply with this obligation.

III. License terms for digital content provided by Structurae

1. General conditions and restrictions

Structurae offers registered members the opportunity to download digital content from Structurae after taking out a paid subscription.
These general license conditions govern the provision of high-resolution image material to which Structurae has the exclusive rights of use (hereinafter “Structurae Image Material“), as well as corresponding text and data material (hereinafter “Structurae Data“).
These license terms do not apply to data, text, or image material to which Structurae does not have exclusive rights of use (e.g. public domain images, images under CC license or similar licenses, images provided by third parties or images with content that is not covered by “freedom of panorama”), which registered members can download via the Structurae platform, in part without concluding a subscription agreement. The rights of use to such image material are governed by the respective license conditions (e.g. CC licenses), to which Structurae refers in each case with the corresponding images, texts or data.
These general license terms are supplemented by specific license terms, which are specifically stated at the time of download and depend on
- the selected subscription;
- the copyright laws of the country in which the work depicted in an image was erected;
- the copyright laws of the country in which the user is located.
Deviating or other individual licenses can be agreed upon with Structurae on request in individual cases.

1.1 Termination of the license in case of violation of license conditions

The granting of rights of use to Structurae data and image material is subject to the resolutory condition that its use complies with the general as well as the respective specific license conditions.
A violation of the license conditions automatically leads to the termination of the license or rights of use with regard to the specifically affected Structurae image material or data.

1.2 Generally impermissible uses

Digital content provided by Structurae may not be:

used for politically motivated purposes outside of the field of construction, in particular, advertising for parties or political candidates;
used in connection with pornographic, obscene, sexist, insulting defamatory, racist, minority, or religiously offensive representations, or denials and trivialization of the Holocaust or war crimes, or in connection with calls for boycotts, defamatory criticism, defamation of character or slander;
sold and/or licensed to third parties;
made publicly available in a downloadable format and/or in image galleries, media galleries, or databases;
used for the production of an offer competing with Structurae, both in digital and physical form.

1.3 Circumvention of technical protection measures / Removal of copyright or proprietary notices / Systematic downloading

The removal or alteration of electronic rights management information contained in Structurae Image Material (e.g. technical information about the image capture such as photographer’s name, camera model, time of capture, camera settings) is not permitted.
Equally inadmissible is the circumvention of effective technical measures to protect Structurae image material from unauthorized use (e.g. encryption) or the systematic download of Structurae image material or data (e.g. by robots).

1.4 Editing image material

Structurae image material may be processed using analog, digital or other image processing methods as follows:

for the purpose of improving the image quality (e.g. removal of stains)
image size changes (enlargement, reduction or cropping without changing the image expression)
conversion to other file formats
conversion of color information and change of color, contrast and brightness values
Making the author/source visible in the image

The author’s moral rights, in particular the prohibition of distortion (§ 14 UrhG), must be observed in any editing.

1.5 Social Media

Structurae image material may not be uploaded directly to social media platforms/sites. Only indirect use of image material used on websites on social media platforms (e.g. by sharing or embedding) is permitted.

1.6 Wikimedia

Structurae images may not be uploaded to Wikimedia Foundation websites and services (e.g. Wikipedia, Wikimedia, Wikivoyage, Wikinews).

2. Author crediting and source citation

In any use of Structurae image material, the photographer must be credited as the author and Structurae as the source in the following form: ‘© photographer’s name / Structurae.net’.
When using Structurae image material in print, this information must always be attached directly to the image (e.g. underneath).
When using Structurae image material on the Internet or in digital media, it is also sufficient if a clear and visible assignment of this information to the respective image is ensured (e.g. setting a footnote). The assignment must be made on the same page on which the image material is used. In the case of use on a website, the information must therefore be provided on the same sub-page; information in the ALT tag, title tag, HTML source text, imprint or on another sub-page is not sufficient.
In addition, the source reference (reference to Structurae.net) must be in the form of a link to https://structurae.net.
In the case of limited use of Structurae image material on social media (III. 1.5), it is sufficient to indicate the copyright and source attribution as described in c) on the linked website.
In the case of isolated retrieval of Structurae image material (by directly calling up the image URL), it is not necessary to name the copyright holder and cite the source.
Deviations or the omission of copyright and source information are only permitted in individual cases with the prior consent of Structurae.

IV. Subscription models

A) “Structurae Plus” subscription model

1. Subscription eligibility

The subscription model “Structurae Plus” is aimed at allowing the use of Structurae visual material and data at a special price for teaching and learning as well as science and research. The following persons and institutions can purchase this module:

Individual scientists, academics, professors, lecturers, teachers, and other persons engaged in research, education, and training
Individual undergraduate, graduate, apprentice, student, and other learners.
Professionals from the field of construction
Research facilities
Educational Institutions
Clubs and associations from the above areas
Private persons interested in structures or civil engineering (laymen)

By selecting the module “Structurae Plus”, the customer assures that he fulfills one of the above requirements. Structurae reserves the right to demand corresponding evidence from the customer.

2. Usage rights

The customer or the authorized users receive the simple, non-exclusive, non-transferable right, limited to the duration of the subscription, to use Structurae data and image material in accordance with the above general license conditions as well as the specific license conditions for non-commercial use, provided this is in accordance with national copyright law.

B) “Structurae Pro” subscription model

1. Subscription eligibility

The “Structurae Pro” module is aimed at allowing the use of Structurae imagery and data for commercial purposes. The following persons and companies can purchase this module:

Individuals or sole proprietors in the fields of construction, civil engineering, architecture, and surveying (e.g. civil engineers, architects, draftsmen, building material inspectors),
Companies from the fields of construction, civil engineering, architecture, and surveying (e.g. construction companies, planning offices, architects, and product manufacturers).

By selecting the module “Structurae Pro”, the customer assures that he fulfills one of the above requirements. Structurae reserves the right to demand corresponding proof from the customer.

2. Usage rights

The customer or the authorized users receive the simple, non-exclusive, non-transferable right, limited to the duration of the subscription, to use Structurae data and image material in accordance with the above general license conditions and the specific commercial license conditions, insofar as this is permissible under national copyright laws. For countries where copyright law provides for panoramic freedom with non-commercial use only, the specific non-commercial license terms apply.

V. Intellectual Property Rights

The Customer acknowledges that the Structurae database is a database work produced by Structurae or a database in the sense of §§ 4 Abs. 2, 87a Abs. 1 UrhG (German Copyright Act). The customer acknowledges that the Structurae database is a database work produced by Structurae or a database in the sense of §§ 4 Abs. 2, 87a Abs. 1 UrhG and that Structurae image material is subject to the protection of § 2 Abs. 1 Nr. 5 UrhG or 72 Abs. 1 UrhG.
Trademarks, company logos, other marks or protective notices, copyright notices, and other features serving to identify the image material or data, the author, or the source may not be removed or changed either in electronic format or in printouts.

VI. Terms of payment

The subscription price is due upon the conclusion of the subscription or at the beginning of the recurring subscription period agreed in the subscription (monthly, annually, etc.).

VII. Other regulations

In case of relocation, change of e-mail address, or other legally relevant changes, Structurae must be informed immediately so that invoices, accesses, and other information can be issued and delivered correctly.

VIII. Duration and conditions of termination

Subscriptions with an agreed fixed term (i.e. subscriptions concluded for a specific duration, the term of which is not automatically renewed) cannot be terminated properly and end automatically upon the expiry of the fixed term. The fixed term shall not exceed two years.
Subscriptions with an agreed minimum term (i.e. subscriptions concluded for a specific period, the term of which is automatically extended after expiry of the minimum term without proper notice) may be terminated in writing with a notice period of four weeks to the expiry of the minimum term. The minimum term shall not exceed two years. Consumers within the meaning of Section 13 of the German Civil Code (BGB) may terminate the subscription at any time following the minimum term by giving one month’s notice. Amounts paid in advance shall be refunded on a pro-rata basis if and to the extent that they were paid by the Customer for periods after the end of the subscription. For entrepreneurs within the meaning of § 14 BGB, the term shall be extended by one year.
For subscriptions concluded by consumers within the meaning of § 13 of the German Civil Code (BGB), the cancellation rights and periods specified in the General Terms and Conditions and by law shall apply.

IX. Final provisions

These Subscription Terms and Conditions are governed exclusively by the substantive law of the Federal Republic of Germany, with the exception of the UN Convention on Contracts on the International Sale of Goods.
In business transactions with merchants, legal entities under public law, or with special funds under public law, the place of jurisdiction is Berlin. However, Structurae reserves the right to sue at the general place of jurisdiction of the Customer.

Version dated 25 October 2022