1. Basis of the Agreement
The following stipulations are applicable to this contractual relationship as well as to preliminary and subsequent contractual rights and obligations, in case of deviations in the following order:
1. The following agreement as individually stipulated contract,
2. the following Conditions of performance; all offers and other performances are effected on the basis of the following conditions, even if the parties do not explicitly refer thereto afterwards; the Operator hereby expressly contradicts to the general conditions of the Exhibitor.
3. The laws of the Republic of Germany.

2. Parties to the contract and performance
Stefan Dörle & Partner, Sauerwiesen 6, D-67661 Kaiserslautern (in the following „Operator") are operating the online-galerie.de, erotik-galerie.de, erotik-gallery.com, gallery4u.com, bilder-ausstellung.de, foto-ausstellung.de (in the following „Onlinegalerie.de").
Exhibitors are persons, who exhibit their works (of art) in the Onlinegalerie.de and who submit the following declaration of the creator by Onlinegalerie.de.
Users are the visitors of Onlinegalerie.de.
The Exhibitors provide the Operator with works (of art) in order to exhibit them in the Onlinegalerie.de. Further, Onlinegalerie.de comprises commercial advertisements, which the Exhibitor hereby accepts.
Onlinegalerie.de is entitled to reject or delete picture- or gallery-applications and -links as well as to exclude certain links and Exhibitors for an unlimited or limited period of time from the participation in Onlinegalerie.de.
The Exhibitor hereby guarantees that in case he intends to be linked with Onlinegalerie.de to his own homepages that on such pages no pornographic contents are published. If pornographic contents are found on such pages, which can be reached via Onlinegalerie.de the link will be immediately extinguished.
All reports, texts and statements on pages outside the domain „online-gallery.de" are the responsibility of the respective author. Links to websites of third parties are granted with reservations since amendments could be affected by the authors. Further, links can be connected to issues which are subject to the liberty of opinion and press for documentation purposes. The Operator expressly points out that he will not claim rights on texts, statements and opinions of third parties, except this is expressly stated therein.
Place of performance for all parties of this Agreement is Kaiserslautern.

3. Copyrights
The Exhibitor hereby guarantees that he is the owner of the copy- and the salesrights for all works exhibited in Onlinegalerie.de, in particular not having copied them illegally from third parties. All liability claims of third parties concerning the copyrights have to be directed exclusively to the Exhibitor. In case copyrights have been infringed anyway the Exhibitor will hold the Operator harmless from any and all claims.
It is forbidden, to use the pages of Onlinegalerie.de in whole or in part in frames on other internet pages outside the domain „Onlinegalerie.de".

4. Offers and Data
Offers and all documents and data describing the performance (information, logos, wording, programmes, graphics and pictures) of the Operator are – in relation to the Exhibitor –protected by a copyright. The processing and usage in other media is permitted only after the written consent of the Operator.

5. Default
If the Operator is in default with his performance as a consequence of gross negligence, the customer is entitled to claim his rights according to Section 326 BGB only, if he demanded performance, simultaneously granting a grace period of two weeks.
Further claims as a result of the default cannot be asserted. The amount for liability claims is limited to 25 % of the monthly earnings from advertisement for each work, which is subject to the misbehaviour. The customer will not be reimbursed for loss of profits.

6. Defect
An essential obligation of the customer is to immediately examine the exhibited works. Defaults have to be notified in writing to the Operator within two days after the start of the exhibition. The Operator rejects any liability or warranty for damages resulting from faulty software, descriptions, links or other faulty contents.
Onlinegalerie.de is neither liable for damages which occur due to misuse of the transmitted data nor for damages which were caused by visits of these pages as well as the mailing of forms. The amount for liability claims is limited to 25 % of the monthly earnings from advertisement for each work, which was subject to the misbehaviour. The customer will not be reimbursed for loss of profits.

7. Compensation for Damages
Claims for compensation for damages against the Operator can only be raised if the Operator acted with intent or gross negligence. The Operator does neither warrant for information given by the Operator nor the quality and the unamended existence of the internet.

8. Repudiation of Contract and Damages
The Exhibitor is obliged to pay liquidated damages (no proof of any real damages) in the amount of 25 % of the average yearly turnover per exhibited work in the gallery including VAT, if the contract is not fulfilled due to reasons for which the Exhibitor is responsible or if the Operator refuses performance of the contract because the Exhibitor did not comply with his obligations even though a grace period has been granted. The Operator, however, is entitled to claim a higher amount than the liquidated damages if he can prove such damages. The Exhibitor on his side may prove that no or minor damages have occurred.

9. Dispute Resolution
If legally possible, the legal venue for claims related to or arising out of this agreement irrespective of the value of the dispute shall be the Amtsgericht Kaiserslautern. This clause is also applicable to obligations resulting out of drafts and/or checks.

10. Conditions for Use
The Exhibitor also receives the Conditions for Use, which are applicable in relation to the user. The Exhibitor agrees to these conditions, in particular thereto, that they are sufficient to protect the rights of the Exhibitor in relation to the users and other third parties. The Exhibitor does not receive a share in the turnover of Onlinegalerie.de.

11. Miscellaneous
The Exhibitor is not entitled to assign his rights out of this Agreement. The Exhibitor  may only set off with claims that have been determined as being unappealable or acknowledged by the Operator.