Terms of use

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Marc Fischers World of Silkmoths

Ständig neue Angebote von Eiern und Kokons/Puppen tropischer Schmetterlinge.
Darüber hinaus werden qualitativ hochwertige Zucht- und Flugkästen angeboten.

  1. Summary

    Below, you can read an english translation of our Terms of Use. Please notice that this version is non-binding, solely the german version (Nutzungsbestimmungen) is binding.

    Using the website »ACTIAS« is free of charge. With your registration you accept the following terms:

    You may not abuse »ACTIAS« for obscenity, vulgarity, extreme political views or violations of law.

    Your postings and user account may be edited or deleted at any time without any further statement.

    »ACTIAS's« administrators and moderators try to hold off unwanted postings of the website, but it is impossible to control all content steadily. All postings express exclusively its author's opinion. The owner of the website »ACTIAS« or WoltLab GmbH (developer of the software in use) cannot be held responsible for the content of particular postings.

    Have fun using the website »ACTIAS«!

  2. Service offering

    a) The free service offering of ACTIAS.de consists of placing offers in the market place, uploading your own pictures into your gallery (for this purpose each member's web space is limited) and taking part in discussions. Furthermore ACTIAS.de offers a private message (PM) system, that can as well be used free of charge. The owner reserves the right to introduce services with costs for which additional Terms of Use have to be agreed on.

    b) This websites official languages are German and English. The owner reserves the right to relocate or delete offers, postings, text captions and any other kind of text postings in other than the mentioned languages because the owner cannot control whether foreign language texts contain illegal content.

  3. Registration

    a) Registration and Usage of forum and market place is free of charge. Per person only one account is allowed.

    b) Form fields, email address, forename, surname, address, postcode, location and country must be filled in completely and truthfully. Otherwise the owner will not activate the account. Because of the numerous deletions and changes, since 2012-07-01 users cannot change profile information by themselves any more. If you move, marry etc. please contact Papilion 65 by PM or e-mail.

    c) The user obligates himself not to give any wrong, missleading or missunderstandable data in the registration process, not to register with a faked identity and to keep his personal information up-to-date. The user's password has to be kept confidential. The user is responsible for all action undertaken in use of his password. He obligates himself to inform the owner immediately about any unauthorised use of ACTIAS.de with his name. A violation of his obligation authorises the owner to a immediate deletion of the user's membership.

    d) All information only serves personal information. Commercial use of the editorial description or the website's structure is not allowed. Duplication of contents, graphics, photos and data base contents published here requires the explicit written authorisation of the owner. Commercial use of data, for example building a search system and service or indexes of any kind, is not allowed. Automatic read-out of data using a software tool is prohibited. No liability is assumed by the owner for erroneous text or links.

    e) With recognition of these Terms of Use the User irrevocably grants licence to the owner of ACTIAS.de on published texts, graphics and data base contents. For protecting ACTIAS.de the user renounces his right of withdrawal concerning the right of use because of lawfully mandatory reasons.

    f) The owner of ACTIAS.de distances himself explicitly from all contents published by users or third persons in forum and market place. Publishing unlawful postings, especially offending, slandering, vulgar, obscene, sexually orientated and/or reputational comments as well as junk mail, spam and chain mail is explicitly forbidden. The editor/author/user is solely responsible for the correctness of his postings as for the lawful consequences resulting herefrom. The owner does not review postings concerning correctness or validity. The owner or his assigned moderators and administrators are authorised to delete, edit, move or close any posting, discussion, offer, graphic or picture in forum or market place at any time without further notice and to suspend disruptive members from using forum and market place without further warning.

    g) Only the user himself is responsible for the pictures and postings submitted by him and his behaviour on http://www.ACTIAS.de. The user agrees not to submit any content to ACTIAS.de whose repdroduction would violate third party's copyright or third party's other rights. The user agress that he will not offend, slander or harass or harm other users in any other way. Furthermore he agrees not to use other user's data and email addresses received through using ACTIAS.de for commercial advertisement or sending them unwanted advertisement. The user does not have a claim on his pictures and postings being published on ACTIAS.de.

    h) In case of violation of laws, morality, these Terms of Use or other grave reasons the owner reservers the right to cancel a user's membership and/or delete his fotos and postings from forum and gallery in his own discretion.

  4. Disclaimer

    If the owner of ACTIAS.de provides external links to the users, this will be done only by plain links. ACTIAS.de does not take responsibility for contents of linked third party's websites, because ACTIAS.de has no influence on design, contents, copyright and changement of these websites. On linking these websites for the first time ACTIAS.de has checked their contents and could not assert any obvious violations against applicable law. ACTIAS.de regularly checks linked third party's webpages on making any obvious violations against law through changing of the website's contents and in case of recognising any violation the correspondent link will be deleted.

    Should a user know or learn about an accordant violation of law, he is asked to report this link to ACTIAS.de or the owner of ACTIAS.de so that ACTIAS.de can take immediate measures.

    Eric van Schayck (owner)
    Heinrich-Fischer-Strasse 49
    D-58300 Wetter/Ruhr
    E-Mail: e.vanschayck@ACTIAS.de

    ACTIAS.DE dissociates itself explicitly from all contents of linked pages, which have been changed after linking or controlling and also from violations of law by external providers which are not apparent or not recognisable for ACTIAS.de. Only the provider of the page linked through http://www.ACTIAS.de is liable for illegal, malfunctioning or incomplete content and especially for damage resulting from use or disuse of such information on external webpages.

    This statements also hold for all third party entries in guestbooks, discussion forums and mailing lists established by ACTIAS.de. Also this entries will be monitored by ACTIAS.de on a regular basis concerning law-violating content and deleted if necessary.

  5. Market place rules and regulations of species protcetion

    a) The market place on ACTIAS.DE only serves for private trade and exchange. Any commercial offers are forbidden unlessthere is a paid agreement between a commercial user an the owner. A contract only is concluded between the involved users. The owner does not act as broker. The contract management is in the responsibility of the involved users only. Only they are responsible for the exchange of the benefits. The owner only provides the electronical platform for concluding the contract between two users. Further help in concluding the contract is not provided by the owner. Disagreements and legal dispute between contractual partners are to be kept private, at the most to be solved by using the internal mail service ("PM").

    b) Subject of trade or exchange may be living or dead insects, millepedes and spiders (classes Insecta, Myripoda and Arachnida) and directly related plants (e.g. hostplants). In any offer in the market place the scientific name has to be given. Additionally the common german name may be given. The owner reserves the right to delete any offer lacking the scientific name without further notice. Resulting claims for damages of any kind are exckuded. Insects or parts of insects used for jewellery, decoration or art are not allowed in the market place. Furthermore entomological supply, books and other media concerning insects as well as private travelling may be offered.

    c) By recognising these Terms of Use, every user of ACTIAS.de commits himself explicitly to adhere to the rules of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (also Washington Convention, short CITES or WA), the EU Habitats Directive (short FFH for Fauna and Flora Habitat), the Bundesnaturschutzgesetz, the Bundesartenschutzverordnung including all Ausführungsverordnungen and all national and international statutory rules coming into consideration (from international law, EU, national German law) and tarif regulations for preserving fauna and flora, whose contents can be accessed for example in the link list of the ministry of the environment about environmental law, particularly also on the webiste WISIA of the Federal Agency for Nature Conservation, http://www.wisia.de/wisia/.

    The owner and his assigned moderators and administrators are randomly monitoring the market place for adherence to this Terms of Use and the legal requirements (concerning species protection). But for any specimen offered in the market place for sale or exchange, which are of a species protected by national and international regulations, only the seller is responsible that a valid and correct EG-certificate/CITES-certificate and/or import or export permit is on hand. Also the seller has to adhere to Council Directive 92/43/EEC on the Conservation of natural habitats and of wild fauna and flora (short: FFH) in the current version, in which a number of species is listed as deserving protection. The wording of the directive and its 6 appendices can be found under EUR-Lex (lax of the European Union, EUR ): EUR-Lex - 31992 - L0043 - EN.

    Bundesnaturschutzgesetz and Bundesartenschutzverordnung: For all species listed in the Bundesartenschutzverordnung as particularly protected or strictly protected there is a general marketing ban in Germany, therefore also on ACTIAS.de. They may not be traded except with a special permit according to the Bundesnaturschutzgesetz. Violations of lawful requirements in the preceding sense do exclusively go to the offerer's and if applicable the buyer's expense. The provider strives to stop trading of such species on http://www.ACTIAS.de by deleting the according offers. Every user is asked to report violations of species protection to the provider immediately:

    Eric van Schayck (provider)
    Heinrich-Fischer-Strasse 49
    D-58300 Wetter/Ruhr
    E-Mail: e.vanschayck@ACTIAS.de

  6. Gallery

    a) It is not allowed to publish pictures with illegal, rascist, right-wing extremist or pornographic content on http://www.ACTIAS.de. With uploading pictures the user ensures that he has the full rights for publishing the pictures in question.

    b) By submitting content to ACTIAS.de the user guarantees that he has the right to provide these contents for use to ACTIAS.de. Simultaneously, the user transfers a right of use of these contents to the provider. The right of use that is granted to the provider includes the revocable right of worldwide duplication, distribution, transmission, communication to the public or other use of the submitted content only within the limts of ACTIAS.de without any claims for payment by the user or a third person. The right of rescission may be exercised by the user vis-à-vis the provider at any time by an accordant message. The provider will delete the pictures of the concerned user promptly. The provider explicitly reserves the right to delete postings which lose their meaning after the pictures having been deleted.

    c) The user exempts the provider of all claims of thirds that they may lodge against him because of violations of their rights especially copyrights, licencing rights, competition regulations or other trade mark rights concerning the contents the user submitted. The user compensates the provider for the costs that arise from prosecution due to his unlawful contents. He obliges to support the provider by all means in defending against any claims based in his contents and especially to provide the owner with all documents necessary for defense.

    d) The contens on ACTIAS.de are protected by copyright and/or other trade mark rights. Any usage of contens, even partially, especially for commercial use must be permitted by the rights holder especially the users of ACTIAS.de or the owner of ACTIAS.de. All photos published on ACTIAS.de are labelled with the uploading user's name. It is allowed to make a copy of contents as (electronic) storage or print only for personal, non-commercial use under the condition that the caption or other indications of source are not forged or deleted.

  7. Data Confidentiality

    a) For participation in forum and market place on ACTIAS.de it is necessary that the user registrates once at first. During the registration process the name and other personal information are retrieved. These data will not at all be passed to thirds or used for advertising purposes without seperate and explicit consent of the user. While accessing ACTIAS.de data (IP, date, time and visited pages) will be stored on the servers of ACTIAS.de for security purposes that may allow the identifiaction of the user. No individual-related utilisation will take place. Statistical analysis of anonymised data sets is reserved. IP-addresses will be stored by the provider for six months.

    b) Postings in discussion forums are available for public, contents of the market place are only available after registration on ACTIAS.de. The user should therefore check his postings carefully before publishing them whether they contain any information that is not meant for public. The user must be aware that search engines may list their postings and make them available worldwide also without specific access to ACTIAS.de. Deleting or Correcting of such entries often cannot be enforced against foreign providers.

    c) In some areas of ACTIAS.de cookies are used to realise different functions. If on certain pages of ACTIAS.de displays are directly provided by corporations or agencies cookies may be used without the provider being able to inform the user about it. Using ACTIAS.de also is possible without cookies. Most browser accept cookies automatically as default option, but storing cookies can be deactivated or the browser can be set to informing the user when cookies are sent by a website.

  8. Copyright, prohibition of duplication and copying

    a) On all web pages including layout, source code, software and their contens the copyright is held by the owner or the respectively denoted author, provider or producer. Posting copyrighted material only is allowed with the author's explicit approval. Trade marks and brand names are the respective owner's property.

    b) All published pictures, texts and articles are protected by copyright as they are the author's or photographer's intellectual property. Download, reprint, duplication, replay and copying need to be approved by the holder of the copyrights.

  9. Applicable law, severability clause

    Should any regulation of these Terms of Use become invalid or be impracticable, it is superseded by the valid or practicable regulation that comes closest to the legal thoughts of the invalid or impracticable regulation. For these Terms of Use and the entire privity of contract between user and provider the right of the Federal Republic of Germany applies as agreed. As far as admissable, place of jurisdiction for all resulting litigation is Wetter/Ruhr, Germany. In all remaining cases legal requirements apply.

    Wetter, November 2012
  10. New rules for the Actias-Gallery

    Dear members,

    Now that the "influencers" are increasingly haunting us in the gallery, we are forced to curb the uploading of the pictures.

    We are generally happy about every informative and well-made photo that finds its way into the ACTIAS gallery in order to make us happy and to share in the work of our colleagues. Images are an adequate means of exchanging information and helping each other with information.
    These are the basic ideas of the ACTIAS gallery.

    Now in the "change of time" there are unfortunately more and more people who mainly have their own interests in mind and want to profile themselves excessively. And sometimes, sometimes unintentionally, in our gallery and then to the detriment of others.

    We would like to counteract this with the following guidelines, which apply and are now implemented for the ACTIAS gallery.
    We limit the amount of images that can be uploaded per member as follows:

    A maximum of 2-3 pictures of "Species x" in "Stadium x" per week are allowed per member.
    If the same animals are already depicted, the pictures should really show different perspectives / views and thus different information. In addition, we expect the minimum information for each picture to be the country from which the animal shown originates and the date of the photo, should it not result from the EXIF files, in order to increase the information content of the photos.

    Images on human body parts such as arms, legs, face etc. are undesirable and are definitely a thing of the past!

    ACTIAS is an insect forum: all non-themed pictures are not wanted in the gallery. However, there is still the possibility to post such pictures with appropriate background text in the "Chat Room" forum.

    All images that do not meet these requirements may be deleted without comment at the moderators' discretion.
    We will also differentiate between the deletions, whether it is the umpteenth photos of a species that has been shown often or good photos of a species that is rarely shown. The decision is up to the acting moderator.

    The different perspectives per photo in a certain insect stage and the resulting wealth of information per image are interesting for our species pages, which we are gradually building up.
    In this context, we would like to point out that corresponding further information (on the place of discovery, breeding notes, explanatory texts etc.) on the depicted animal will decide whether or not to delete it.

    If these specifications do not work, we have to make further adjustments, but that will become clear during operation.

    Here again in short form:

    ACTIAS is an insect forum: all non-topic images are not welcome in the gallery
    A maximum of 2-3 pictures of "Species x" in "Stadium x" per week
    The pictures should show different perspectives and therefore different information
    As a minimum indication of origin, the name of the country from which the animal shown originates and the date of admission
    Images on human body parts such as arms, legs, face etc. are not allowed
    trading in any form is not allowed in the gallery

    We hope you all understand this step, which should keep our interesting gallery attractive for ALL members.

    Greetings from the moderation