Rectangular Double-Calendar
Valid from: July 15, 2024
1.1 CALVENDO markets your images and/or texts as calendars (calendars, Easel Calendars (table calendars) etc.) Flipart products (e.g. poster books, Easel Flipart (stand-up mini posters)) and if applicable, further print and digital formats. You create input; we control the production and marketing systems. This makes everything simple and fast.
1.2 CALVENDO demands no fees or cost sharing. Uploads are free of charge. You earn from the first copy of printed material sold. You determine the price. You will also be involved in the profits related to digital formats. The calculation of your payment is checked each year by an accountant and is transparent.
1.3 You only grant CALVENDO the right to create and market calendars, Flipart products and other such printed and digital products You may make further use of your images, texts and other such content at any time. That is fair.
1.4 CALVENDO requires a common approach for our cooperation; hence these simply-formulated Terms and Conditions. This is partnership.
2.1. These Terms and Conditions [hereafter designated “(this) Agreement”)] govern the contractual relationship between CALVENDO and the creators or users (hereafter designated: “User”) of Calvendo’s Internet Platform (hereafter designated “Platform”). The Platform is used for the creation and release of images, texts, templates and other content (hereafter designated “Content”) on and offline, that is to say in various print (e.g. wall decorations, calendars, poster books (“Flipart products”)) and digital formats as products (designated “Content Products”). In addition to this Agreement, CALVENDO Payment Tables and Data Privacy Statement apply. For each calendar to be released as well as other Content Products, CALVENDO’s Contract of Publication also applies. For further information please read our Questions and Answers List (FAQ). In the event of contradictions between this agreement and the CALVENDO Contract of Publication, the provisions of the CALVENDO Contract of Publication shall take precedence over the provisions of this agreement.
2.2 The CALVENDO Platform enables Users to create printed and digital Content Products and Templates or contribute to their creation, e.g. by uploading images (photos, illustrations, graphics etc.) and/or texts and/or such content as Templates, and/or by the design of Content Products on the basis of uploaded content. If created Content Products fit into CALVENDO’s publishing program and are selected for publication, CALVENDO organizes the publication and marketing in both the stationary and online trade sectors.
2.3 For the CALVENDO-user(s) business relationship only the version of this Agreement valid at the time of user confirmation, including additional provisions included in this Agreement, is effective. Agreements that deviate from this Agreement shall only be effective if they have been acknowledged in writing by CALVENDO.
The user will be notified of changes to this Agreement via electronic communication in a manner permitting the user to store the changes in legible form or print them out. Changes are deemed to have been accepted if the user does not lodge an objection in writing or by electronic means within six weeks of the notification of the changes, or if he/she expressly agrees to the changes beforehand. CALVENDO will make special reference to this consequence to the user, particularly at the time of the notification. If the User does not wish to accept the changes and has made a corresponding declaration, the User cannot create any new content products or submit them for publication and CALVENDO is authorized to terminate this agreement and delete the User's account.
4.1 Use of the Platform to create and search for Content Products, e.g. the operation of parts of the layout tool, is made available to all Internet users at all times. Usage without registration is possible. To enable access to the entire functionality, and to upload content and Content Products or Templates for publication, registration as a user is required.
4.2 Registration is carried out on the home page or a subpage via the “Register” link and by means of the application form. For his own security, the user receives a confirmatory email with an activation link for confirming the registration.
4.3 Only natural, adult persons with unlimited competence to contract, legal persons and partnerships may register. The registration of a legal person or a partnership is carried out by the authorized representative(s). Each user may only open one account, which is not transferable.
4.4 The user gives his assurance that information he provides in connection with the setting up of his account, e.g. name, address and E-mail address, are correct at the time of them being made available. He undertakes to update the information continuously. To prevent abuse, the user may not use a false identity when registering (i.e. pretend to be another person). On the other hand, the user may select a pseudonym (not externally identifiable) that is assigned to his real name, for the later publication of Content Products.
4.5 The user will not use any username and password, to which he is not entitled.
4.6 For the security of other users, CALVENDO may delete the account of a user who contravenes the duties named in this agreement.
4.7 A user whose account has been deleted by CALVENDO may not create a new account.
5.1 Images uploaded on the Platform must meet the following requirements:
JPG, or PNG colour depth: RGB color space with 8 bits per channel, data compression: 80 % or better (quality level 10 or better). The file extension must be ‘.jpg’ or ‘.png’. Users working with CMYK images must convert the images to RGB before uploading. Local file names must not contain spaces, special characters or umlauts.
Resolution: CALVENDO products are printed with at least 150 DPI and maximum 300 DPI. Projects with images, whose resolution would not reach such a printing quality, cannot be published.
File sizes: Individual image files should not exceed a size of 20 MB (JPG).
Recommended image sizes (300 dpi) (height x width):
The image sizes listed are net sizes, i. e. they do not include the necessary bleed of 3 mm for each edge!
DIN A2 portrait format: 7016 x 4961 pixels
DIN A2 landscape format: 4961 x 7016 pixels
DIN A3 portrait format: 4961 x 3508 pixels
DIN A3 landscape format: 3508 x 4961 pixels
Double DIN A3 landscape format: 3508 × 4961 pixels
DIN A4 portrait format: 3508 x 2480 pixels
DIN A4 landscape format: 2480 x 3508 pixels
Double DIN A4 landscape format: 2480 × 3508 pixels
DIN A5 portrait format: 2480 x 1748 pixels
DIN A5 landscape format: 1748 x 2480 pixels
Square format (300 mm x 300 mm = 12 × 12 inches): 3543 x 3543 pixels
Minimum image sizes (150 dpi) (height x width, incl. 3 mmm bleed):
DIN A2 portrait format : (600 mm × 426 mm), 3543 × 2516 pixels
DIN A2 landscape format: (426 mm × 600 mm), 2516 × 3543 pixels
DIN A3 portrait format : (426 mm × 303 mm), 2516 × 1789 pixels
DIN A3 landscape format : (303 mm × 426 mm), 1789 × 2516 pixels
Double DIN A3 landscape format: (303 mm × 426 mm), 1789 × 2516 pixels
DIN A4 portrait format: (303 mm × 216 mm), 1789 × 1276 pixels
DIN A4 landscape format: (216 mm × 303 mm), 1276 × 1789 pixels
Double DIN A4 landscape format: (216 mm × 303 mm), 1276 × 1789 pixels
DIN A5 portrait format: (216 mm × 154 mm), 1276 × 909 pixels
DIN A5 landscape format: (154 mm × 303 mm), 909 × 1276 pixels
Square calendar (300 mm x 300 mm = 12 × 12 inches): 1789 × 1789 pixels
5.2 The user is obligated to provide, fully and correctly, all information and content requested by CALVENDO, e.g. titles, image captions, artist credits and key words.
5.3 The content of images and other content uploaded by CALVENDO is determined exclusively by the respective user. Hence, responsibility for the images and other content itself as well as for all information, data, texts, graphics that the user stores, publishes or transfers by means of the Platform, rests exclusively and unconditionally with the user.
5.4 Within the framework of use of the Platform the user is forbidden:
5.5 CALVENDO reserves the right, without previous announcement and without providing substantiation, to delete accounts of users who partly or wholly breach the abovementioned user duties.
6.1 CALVENDO undertakes to make payments to users based on the CALVENDO Payment Tables for each sale of
6.2 CALVENDO undertakes to perform the billing of revenues from sales of Content Products vis-à-vis end customers and the user, or to outsource this to a third party.
6.3 Payment is calculated as a percentage share of accrued net receipts for the Content Products. With regard to concrete content (photos, graphics, texts etc.,) or Content Products, the exact calculation is yielded by the CALVENDO Payment Tables valid at the time of submission, or alternatively, by user confirmation. The amount of the payments depends, inter alia, on whether the User
6.4 Payment to the user is calculated at regular intervals, after receipt of payment of the billed amount for the sale to the end-customer.
7.1 In order not to jeopardize the entire program and therewith the other users, CALVENDO is not obligated to publish content uploaded by the user.
7.2 Uploaded Content Products or Templates are checked by CALVENDO inter alia from the standpoint of legality, technical implementation, completeness of the accompanying information (title, product description, etc.), thematic classification in the publishing program and the general quality impression. The steps are meant to ensure that the CALVENDO publishing program is as attractive and suitable as possible to CALVENDO target groups. If those checks show that the Content Product created cannot be released for publication for certain reasons, CALVENDO will inform the User accordingly and may grant them the opportunity make corrections. If two unsuccessful attempts to correct a particular Content Product have been made, the user has no further attempts to correct this Content Product. CALVENDO may delete a user’s account from the platform and terminate the co-operation if the user is rejected for a total of five individual projects in succession (i.e. after 15 unsuccessful individual submissions).
7.3 No later than 36 months after the first publication, CALVENDO will check each publication for its marketability. If a Content Product has not sold or has hardly sold at all, CALVENDO may remove the product from its range. The guideline for marketability is at least one order per project per calendar year.
7.4 CALVENDO is free to temporarily restrict or temporarily completely deactivate the editing options of released calendar projects during particularly busy calendar sales periods, especially towards the end of the year, i.e. Q4. This may be necessary in order to enable smooth cooperation with the trade and serves to improve the saleability of calendars in the interests of Users. In such cases, Users will be informed of such temporary restrictions or deactivations in their account and notified as soon as the editing options are enabled again.
8.1 With the release of content (by images for printed products, e.g. under Upload Image Collections) a user who uploads content onto the Platform and enables it to be used by third parties to create Content Products or Templates, concedes to CALVENDO and any other user, the non-exclusive, irrevocable, spatially unrestricted, to Third Party transferable and licensable right to process the contents, as well as the given metadata, to use the contents jointly to create Content Products andto market these Content Products in print form or digital form, directly or via third parties, in all print formats and digital formats, via all available marketing avenues and digital marketing media. With regard to other users, the exercise of this right is restricted to the CALVENDO Platform.
Included, inter alia, are the right
(i) to reproduce and distribute the content (publishing right), for example as a calendar (wall calendar, desk calendar, pocket calendar, etc.), hardcover/softcover book, fabric/decorative print, jigsaw puzzle and/or in magazines, newspapers and other collective works, in all formats and as print on demand; (ii) to reproduce and distribute the content on electronic data carriers (electronic offline right); (ii) to reproduce and distribute the contents through electronic data carriers (electronic offline rights); (iii) to store the contents in databanks and thereby to put them at the disposal of other users who may then via mobile or non-mobile devices and via any of these transmission methods, store, and/or download and/or restore and use them interactively either individually or any way they like; (iv) to carry out advertising, marketing, transfer, promotion, distribution, sale and other digital or non-digital availability of the contents also to Social Media channels; (v) to alter, expand and develop the content (also through the use or training of artificial intelligence systems) and this adaption of the content to be used, copied, distributed and exploited by oneself. If the user enables third parties (trade or end customers) to access images in his/her personal profile content for personalization or individualization, the user concedes the processing rights to these third parties also mentioned in this Clause 8; (vi) the right to grant German or foreign language licenses nationally and internationally; (vii) the right to complete or partial conditional publication and republication, e.g. in newspapers and magazines, on electronic data storage devices or over Online platforms etc.; (viii) the right to merchandise, that is to say, the right to commercial evaluation of the content through production and sale of the wares and/or the provision of services of all kinds using events, names, titles, charts, figures or other such items related to the content.
8.2 Furthermore, the User grants CALVENDO the non-exclusive, revocable, geographically unlimited rights, transferable and licensable to third parties for the types of use unknown at the time of conclusion of these General Terms and Conditions. New uses shall be remunerated appropriately in accordance with Sections 31a, 32c UrhG.
8.3 The granting of these rights applies to all editions and issues and for all distribution channels, in particular for bookshops, book clubs, toys, art and furniture shops, secondary markets and open and closed user groups and/or online platforms.
8.4 The right to grant rights of use to third parties shall end upon termination of the User relationship. Existing licence agreements remain unaffected.
8.5 In order to ensure optimal marketing, the User grants CALVENDO, the right to carry out at their discretion all marketing and sales promotion activities with regards to the sale of contents, especially content used for advertising made available at reasonable or reduced prices. For such marketing or sales promotion activities, CALVENDO does not owe any payment or may owe reduced payment.
9.1 By uploading content, such as Content Products, onto the Platform, a user guarantees and ensures that he/she is the owner of all required rights to the uploaded content, and that he/she has at his/her disposal all rights according to this Agreement, especially to grant rights to the uploaded content. The user guarantees and ensures that in the case of images containing persons or groups of persons, or objects or art or design objects identifiable as the property of the depicted parties or alternatively, the owners of the depicted objects or alternatively the artists or royalty collection agencies, if this should be legally required, obtained an effective release declaration or alternatively ascertained by any other means that the intended use of the images after this Agreement is permissible. If the User is a foreign national or uploads any content under foreign legislation, the user guarantees and ensures that this content may also be used under German law in accordance with this Agreement.
If requested, the user shall immediately submit the release declaration and other information and documentation that confirm that the user is the owner of all required rights in terms of this Agreement to CALVENDO. The user gives his/her assurance and guarantees that the information and documents that he provided to CALVENDO on being requested, are up-to-date, complete and accurate. The user empowers CALVENDO, directly or through third parties, to request information required to examine the relevant rights.
9.2 The user guarantees and ensures that neither the exercise of the rights in accordance with this Agreement, nor the material contained on the content, their sale or their marketing in the form of Content Products and Templates, infringe on or violate the intellectual property rights, copyrights or other rights of a person or legal person (or alternatively, of any other legal entities).
9.3 If the User works with third-party material to create the content or content products uploaded by him/her, it is the sole responsibility of the User to check whether any restrictions on use contained in the accompanying information of the images and other content or in the product descriptions prevent use in the content product and use in accordance with this contract. If necessary, the User must acquire the corresponding rights separately from the respective rights holders for use in their work. Any use of third-party content contrary to the usage instructions and restrictions contained in the accompanying information is not pemitted.
9.4 The user guarantees and ensures that all content, such as Content Products uploaded by him/her meet the requirements determined under Clause 5 of this Agreement as well as all technical specifications.
9.5 CALVENDO is entitled at any time to discontinue the distribution of a content product created by the User and to delete the User's content from its platform, in particular in the event of imminent infringements of rights. CALVENDO will inform the User in the event of claims by third parties for legal infringements, in particular the assertion of claims for infringement of copyright or trademark rights, through the distribution of his content or a content product created by him. The User shall support CALVENDO to the best of its ability in the defence of third-party claims. The User shall indemnify CALVENDO, its authorised representatives, managing directors, employees, affiliates, subcontractors and any other creators who use the User's content to create other content products against any and all claims, liabilities, actions or causes of action arising out of any breach of the User's representations, warranties or obligations set forth in this Agreement. The user shall reimburse CALVENDO for all costs, damages and necessary expenses and disbursements incurred in this connection (including the costs of legal advice and legal defence). CALVENDO is entitled to charge the user a reasonable processing fee, but at least 100 euros, as compensation for the time spent on the internal processing of an incident. The User is entitled to provide evidence of a lower processing fee.
9.6 The user is aware that in the event of infringements of rights by images, texts or other content or content products uploaded by him/her, it is in most cases not possible to completely remove those from all Internet resources (e.g. search engines, online trade catalogues, social media platforms). In this respect, CALVENDO can only control its own platform. If the content is already distributed on third-party platforms, CALVENDO will endeavour to support the User with regard to any necessary withdrawal of the content.
9.7 If content uploaded by a user consists entirely or partly of elements contained in a design creation software (e.g. fonts), the user shall ensure that he has the rights required by the user conditions to incorporate these elements in the images uploaded by him as well as to their use according to this Agreement.
9.8 The user guarantees and ensures that content, such as Content Products, uploaded on the platform contain no blocking mechanism, precautionary measures or similar limitations, which might preclude the use envisaged by this Agreement.
9.9 The representations and warranties and indemnification obligations under this section also expressly apply to images, texts and other content created by the User with the help of artificial intelligence systems. It is the sole responsibility of the User to ensure that the use of the images and in particular the AI-created motif is lawful in accordance with the provisions of this contract. The User undertakes to provide content created with the help of artificial intelligence systems with a corresponding notice when uploading.
9.10 Presently, on CALVENDO the use of images, whose copyrights belong to VG Bild-Kunst, is only allowed with a prior special agreement with VG Bild-Kunst. VG Bild-Kunst protects the copyrights of the members of Professional Group I. The user therefore gives his/her assurance that he is not a member of the VG Bild-Kunst Professional Group I (artists) and will not use any of these images for which VG Bild-Kunst is protecting copyrights or CALVENDO will notify the membership in VG Bild-Kunst or rather the use of images whose copyrights lie with VG Bild-Kunst. Notification is given thus by email to: info@calvendo.com by stating the username and the title or working title. In this case validation is only possible when CALVENDO arrives at a corresponding special agreement with VG Bild-Kunst. CALVENDO has no obligation to transact such a special agreement with VG Bild-Kunst and is able to deny validation to said user and his/her images. Search capabilities for artists with copyrights at VG Bild-Kunst can be found at www.bildkunst.de.
CALVENDO endeavours to guarantee maximum availability of the Platform. However, no claim exists for continuous availability. The Platform’s availability can be temporarily restricted on editorial or technical grounds, e.g. “due to routine or required maintenance works”, network or system breakdowns, force majeure, a strike, statutory determinations or other grounds. The user may therefore assert no claims against CALVENDO, irrespective of the legal basis.
11.1 CALVENDO is liable to the user in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
11.2 In other cases, CALVENDO shall only be liable – unless otherwise regulated in Section 11.3 - in the event of a breach of a contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the User may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, CALVENDO's liability is excluded, subject to the provision in Section 11.3.
11.3 CALVENDO's liability for damages resulting from injury to life, body or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
12.1 Users are entitled to cancel this Agreement at any time and to terminate the co-operation with CALVENDO. Should a user no longer use the Platform or wish to remove uploaded contents or Content Products from the Platform for the future, he may do this at any time by deleting his/her account and /or de-activating content or Content Products.
12.2 CALVENDO is entitled to terminate this Agreement with a user with a notice period of 4 weeks. In addition, CALVENDO is entitled to terminate this Agreement immediately in the cases specified in this agreement or for other good cause. Any CALVENDO contracts of publications or other content agreements concluded with the User shall also end upon termination of this Agreement.
12.3 CALVENDO will delete the user's account after termination. However, termination of the cooperation does not affect CALVENDO's rights to content that has already become part of a published Content Product or a print run has been produced or is already the subject of distribution and utilization agreements concluded with third parties. CALVENDO is authorized to continue to use the corresponding rights to this content to the required extent for an unlimited period of time.
In the event of cancellation or restriction of the cooperation by the User, this applies accordingly. In particular, the User may not be able to deactivate content and Content Products uploaded in the past if they have already become part of a published Content Product or a print run has been produced or if removal conflicts with distribution or utilization agreements already concluded with third parties or if removal is not possible for CALVENDO for other reasons.
12.4 CALVENDO may carry out changes to the Platform at any time and for any reason or delete or upload functions.
12.5 After an account is deleted, all the user’s individual data are permanently deleted as soon as these are no longer required for handling the contractual relationship, e.g. for the payment of remuneration claims.
13.1 In the framework of the processing of contracts, CALVENDO collects the user’s individual data. In doing so, CALVENDO complies with the provisions of the General Data Protection Regulation. Without the user’s consent, CALVENDO will only collect, process or use inventory and user data if this is necessary for processing the contractual relationship.
13.2 Without the user’s consent CALVENDO will not use individual data of users for the purposes of advertising, market or opinion research.
13.3 For the rest, we draw your attention to the reference to user consent and to further information for data collection, processing and use on the CALVENDO Data Privacy Statement, which is downloadable in printable form on the CALVENDO Platform at any time (see above the link: “Data Privacy Statement").
14.1 German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) of 11. 4. 1980 is applicable.
14.2 If the user is a merchant, a legal person under public law, or a special fund, Munich is the sole legal venue.
14.3 The user confirms expressly that he has both read and accepted the determinations of the Agreement at hand as well as the CALVENDO Payment Tables and all additional agreements that, by reference, have become an integral part of the Agreement at hand.
14.4 If CALVENDO should fail to insist on any provision of this Agreement, or to implement it, this should not be interpreted as relinquishment of a provision or a right.
14.5 CALVENDO is entitled to transfer this Agreement to another party without the user’s consent, provided that this party pledged to, remain bound by the determinations of the Agreement.
14.6 If a part of the provisions of this Agreement should be partly or wholly ineffective, then the ineffective provisions or part-provisions must be replaced by the parties, or, if the parties cannot agree, by a competent court , with one or several effective provisions , that represent the content of the ineffective whole or part provision as precisely as possible.
For questions and comments regarding our user terms and conditions:
CALVENDO Publishing House Inc.
Ottobrunner Straße 39
D-82008 Unterhaching
info(at)CALVENDO.com
