Disclaimer
By using the websites (hereinafter colletively referred to as the
"Sites") of Beta Film GmbH (herein collectively referred to as "Beta
Film") you signify your agreement with the following terms and
conditions of use. If you do not agree to these terms and conditions,
please do not use the Sites. Beta Film reserves the right, at its sole
discretion, to change, modify, add, or remove all or any portions of
these terms and conditions at any time. Please check these terms and
conditions for periodic changes.
Unless otherwise specified,
material on the Sites is presented solely for the purpose of promotion
of television programs, films and products available in Germany.
Beta
Film makes no representations concerning material on the Sites as
regards its appropriateness or availability for use in other locations.
If you choose to access the Sites from other locations, you do so at
your own risk and are responsible for compliance with local laws, if and
to the extent local laws are applicable.
RESTRICTIONS ON USE OF MATERIALS
The Sites are owned and operated by Beta Film from its offices
located in Germany.
All intellectual property rights,
including without limitation logos, trademarks (registered and
unregistered), service marks, trade names, copyrights and
copyright-related exploitation rights related to the Sites (collectively
the "Marks") are owned by Beta Film or by others. Unless otherwise
expressly granted herein below by Beta Film, you have no right to use
any Marks displayed on the Sites.
Unless expressly granted
herein below or by prior written consent of Beta Film, no material
and/or Marks from the Sites or any other sites owned, controlled or
operated by Beta Film may be used by you in any way. This includes,
without limitation, copying, reproducing, locating on other web sites or
networked computer environment, republishing, transmitting, posting,
uploading or distributing the material and/or Marks in any way.
SOFTWARE DOWNLOAD
In the event that software is provided to you on the Sites for
downloading, you are granted the non-exclusive right to download the
software to your computer one time, and to save it to your computer one
time. No further right, title or interest in the software is hereby
transferred to you by Beta Film.
In particular, you may not
redistribute, sell, decompile, reverse engineer, disassemble, or
otherwise render the Software to a human-perceivable form.
All
other right, title and interest in the software is hereby expressly
retained by Beta Film.
FORUMS AND PUBLIC COMMUNICATION
"Forum" means a chat room, bulletin board, or email function
offered as part of the Sites.
Beta Film shall consider any
communication or material you send to the Sites, including data,
questions, comments, ideas, suggestions, etc., to be public information
which may be used by Beta Film or its affiliates for any purpose and by
any means whatsoever, including, but not limited to, reproduction,
disclosure, publication, broadcasting and posting in other forums.
You
herewith acknowledge and agree that Beta Film will be free to use -
without restriction and without compensation to you, and for any purpose
whatsoever - any ideas, concepts, know-how or techniques contained in or
derived from any communication which you may send to the Sites.
You
are prohibited from distributing or otherwise publishing on the Sites
any content which is or may be libellous, defamatory, obscene,
pornographic, threatening, invasive of rights of publicity or privacy,
abusive, illegal, or otherwise objectionable, or that would or may
constitute or encourage a criminal offence, violate the rights of any
party, or otherwise give rise to liability or violate any law.
Beta
Film is under no obligation to assume, nor does it assume, any
responsibility for the content of any such Forums; nor for any error,
defamation, omission, falsehood, obscenity, profanity, inaccuracy, or
other inappropriate information contained within such Forums on the
Sites.
You agree to use the Forums only in a non-commercial
manner, and shall not, without the express prior written approval of
Beta Film, distribute or otherwise publish therein any material
soliciting funds, promoting, advertising or offering any goods or
services for sale.
Furthermore, you acknowledge that the
solicitation of the Forum's guests to join or become members of any
commercial on-line service or other organisation is expressly
prohibited.
In principle, Beta Film will not monitor or edit
information prior to its posting on the Forums. Guests are solely
responsible for the content of their messages.
By
participating in the Forums (by posting or uploading material), or by
submitting material to Beta Film, you automatically grant (or warrant
that the owner of such rights is expressly granting) to Beta Film a
perpetual, royalty-free, irrevocable, non-exclusive right and license to
use, reproduce, modify, adapt, publish, translate, create derivative
works from, and/or distribute such material and/or to incorporate such
material into any form, medium, or technology currently in existence.
You
agree to indemnify Beta Film for any and all claims, damages, losses and
lawsuits arising as a result of your posting or uploading material to
any Forum, your submission of any material to Beta Film, or your failure
to comply with the terms of this agreement.
While Beta Film
does not and cannot review every message posted by users of the Forums,
and is not responsible for the content of these messages, Beta Film
reserves the right to delete, move or edit messages that it, in its sole
discretion, deems abusive, defamatory, obscene, in violation of
copyright or trademark laws, or otherwise to be unacceptable.
To
the extent to which you are not the owner of the rights mentioned
hereinabove, you hereby acknowledge that you have been granted such
rights by the respective third party owner.
LINKED SITES
Beta Film is not necessarily associated with the Websites linked
to the Sites ("Linked Sites") and has not reviewed and is not
responsible for their contents. The Linked Sites are for your
convenience only and you access them at your own risk.
LIABILITY
Regardless of the legal basis, be it a contractual obligation or
tort, Beta Film shall not be liable for any loss or damage, unless (a)
such loss or damage is caused by (1) a negligent breach of a material
obligation that jeopardises the purpose of any contractual obligation of
Beta Film, or (2) gross negligence or malicious intent on the part of
Beta Film, or (b) damages due to injury of life, body or health are
concerned. Beta Film shall not be liable for any other loss or damage
incurred from the existence of your use of the Sites.
Beta
Film shall not be held liable for any damages unless (a) such damages
are caused as the result of the malicious intent of its employees, or by
gross negligence or malicious intent of a managing body or officer of
Beta Film, or as a result of a failure of an expressly guaranteed
feature, function or characteristic of the Site(s) or (b) damages due to
injury of life, body or health are concerned. Beta Film shall not be
liable for any indirect losses or damages, including any loss of
expected profits, incurred by you as a result of your use of the
Sites.
Beta Film can only be held liable for the loss of data
and programs and their reinstatement in accordance with the two
preceding paragraphs and only to the extent to which such loss could not
have been avoided by the implementation of appropriate safety measures
by you, in particular, the daily creation of back-up copies of all data
and programs, and your use of current version virus protection
software.
Furthermore, Beta Film does not guarantee
uninterrupted and error-free functioning of the Sites, nor the
correction of mistakes on the Sites.
Beta Film does not
warrant or make any representations regarding the correctness, accuracy,
or reliability of the contents of the Sites.
Beta Film's
liability under the German "Products-Liability Code"
(Produkthaftungsgesetz) remains unaffected.
OTHER
The Sites do not constitute an offer of securities for sale in
the United States of America and Great Britain. Securities may not be
offered or sold in the United States and Great Britain absent
Registration or an Exemption from registration. Any Public offering of
securities to be made in the united states will be made by means of a
prospecuts that may be obtained from the issuer and that will contain
detailed information about the comopany and its Management. As well as
financial Statements.
These terms shall be governed by and
construed in accordance with the laws of Germany.
In case you
are a merchant as defined by the German "Commercial Code"
(Handelsgesetzbuch - HGB) or a legal person under public law, Munich
shall be the place of venue for any action at law or in equity arising
out of or relating to the terms used herein. Within the jurisdiction of
the district courts (Landgerichte), the district court of Munich
(Landgericht München I) shall have exclusive jurisdiction.
If
any provision of these terms shall prove to be unlawful, void, or for
any reason unenforceable, then that provision shall be deemed severable
from these terms and shall not affect the validity and enforceability of
any remaining provision. The foregoing shall constitute an agreement
between Beta Film and each user of the Site(s), and may not be modified
in any form without the prior written consent of Beta Film.
BINDING LANGUAGE VERSION
In the event that this language version of the General Conditions
differs from the German language version of the General Conditions, the
German version shall be binding.