General Conditions for the Use of Beta Film Websites
By using the websites (hereinafter collectively 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.
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 e-mail 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.
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.
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.
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.