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January, 2008
1. General
RebelTV is a video platform dealing with action sports and funsports mainly.Before you use RebelTV’s website (the “Website”), please read through these Terms of Use carefully as they govern your use of the services provided by RebelTV. RebelTV may supplement, modify or amend these Terms of Use from time to time. Such notice shall appear exclusively on the Website. Your may reject any modification or amendment to these Terms of Use within a 14 day period and if you chose to do so RebelTV shall have the right to cancel your account with it, or your access to its website. Once said period has expired the modified or amended Terms of Use shall become effective. You are only authorized to use the Website if you agree to abide by all applicable laws and these Terms of Use, as supplemented, modified or amended from time to time.
2. Description of Services
RebelTV’s basic service is currently free of charge and consists of allowing the user to watch the proprietary RebelTV content (Videos etc) and to host a variety of multimedia on the website, including but not limited to, photos and videos for the purpose of electronic publishing and sharing. Each user is permitted limited storage space for uploading multimedia content. In addition, you are able to create a user profile, rate and comment on photos and videos, invite other users to join, make new friends and send e-mails to other users through the internal e-mail system. To the extent RebelTV decides to begin charging for its services it shall do so by posting supplemental Terms of Use and general Terms of Business on the website. RebelTV offers its services solely for private, non-commercial purposes.
3. Registration and Use/Access
A. By registering with RebelTV, RebelTV hereby grants you permission to use the Website as set forth in these Terms of Use, provided that: (i) your use of the Website as permitted is solely for your personal, non-commercial use; (ii) you not copy or distribute any part of the Website in any medium without RebelTV's prior written authorization; and (iii) you otherwise comply with the terms and conditions of these Terms of Use. By registering with the Website you are expressly agreeing that these Terms of Use govern your relationship with RebelTV and that they are binding upon you. These Terms of Use constitute the entire agreement between you and RebelTV and no other terms will be recognized. Should RebelTV permit any other entity to make offers, or provide services, via the Website or any link thereto, such offers or services will subject to their own Terms of Use or Terms of Business. RebelTV has no control over and assumes no responsibility for the content, privacy policies or practices of any third parties and/or their websites.
B. In order to access some features of the Website, you will need to create a user account. You are solely responsible for the activity that occurs on this account, and for keeping your account password secure. You must notify RebelTV immediately of any breach of security or unauthorized use of your account. Although RebelTV will not be liable for your losses or damages caused by any unauthorized use of your account, you may be liable for the resulting losses or damages of RebelTV or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that access the Website in a manner that sends more request messages to RebelTV’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, RebelTV grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials thereon, but not caches or archives of such materials. RebelTV reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, or to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
D. You are not permitted to send data or save information on a RebelTV data medium which, due to its nature (ex. Virus’), size, or duplication capability (ex. Spamming) could jeopardize or damage RebelTV’s services and/or data networks. In the event of a breach of this restriction, RebelTV shall be entitled to demand a contract penalty amounting to 5,000.00€ (Five-thousand Euros). Additionally, you would be liable for any damages resulting from sending such unauthorized data.
4. Contents
RebelTV will save your photos, videos and other information (together the "Contents") for you and will provide you access thereto. You will be solely responsible for your up-loaded Contents. In connection with your Contents, you agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material; (ii) publish falsehoods or misrepresentations that could damage RebelTV or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) offer or provide services whose subject matter is pornographic. The same applies to sending E-mails. Likewise, reference to political activities, political party meetings, demonstrations, fliers or petitions, as well as the propagation of political symbols is prohibited. Furthermore, Contents which insult, belittle, or in other negative ways affect other users or members are also prohibited. If you violate any of these restrictions, RebelTV is authorized to deny or delete your Content, delete your web-account pages and their links, and/or cancel your account without prior notice. RebelTV may do so in its sole discretion without any obligation to investigate. You will be liable to RebelTV for all direct and indirect damages for any violation of the above mentioned restrictions. You agree to indemnify RebelTV from all claims by third party resulting from your violation of the above restrictions.
5. Usage Rights
RebelTV grants you a simple, non-negotiable, right to utilize the offerings and services of the RebelTV platform. The right to utilize these services will end upon termination of your account. By providing RebelTV with your Content upload, you will be granting RebelTV a limited license to forth world wide duplication, distribution, transmission, public reproduction, publication or other similar uses of the Content from RebelTV’s platform without compensation to you or any third party. You may withdraw this license to RebelTV at any time by terminating your account with RebelTV.
6. Costs and Payment of Services with Liable Costs
At present, RebelTV is offering its services free of charge. RebelTV retains the right to hereafter decide to charge for either specific or general services. Any fees, and the services covered thereby, will be duly posted before they take effect. RebelTV shall retain the right to require payment of up to 12 months of applicable fees in advance. You agree, as far as applicable, to receive bills for any fees electronically. RebelTV also retains the right to raise fees at any time and for this, you will be given written notification within a sufficient amount of time. The new fees would thereafter apply, and your account would continue subject thereto, if you have not objected to the new fees in writing within 14 days. If you object to any new fees, either you or RebelTV may terminate your account and such termination shall be effective one month after termination, always at the month’s end. Unless otherwise explicitly stipulated, fees will be a fixed price. If you fail to timely make payment of any fees due hereunder, RebelTV has the right to immediately discontinue service and/or to suspend your account, in whole or part. You shall remain liable for all fees incurred during any period of suspension. If your fees are set up for payment by direct debit, and there are insufficient funds to debit your bank account, RebelTV will charge a processing fee of 8.00€ per debit notice plus any accrued bank charges.
7. Performance Guaranties
RebelTV represents that all its platform will function properly in all material respects and that its server will yield a yearly mean of availability of 97%. Excluded from these guaranties are malfunctions or other problems caused by conditions beyond RebelTV’s control (for ex. forces of nature, fault of third parties, etc), which produce: operating failure or alterations, modifications, internals or externals, or require repair or other miscellaneous manipulations. Furthermore, RebelTV assumes no liability for and provides no guaranty for the display of pictures and videos. Any problems or error messages should be reported in writing or by email. RebelTV may reduce or suspend service access as needed to protect the security of its operation, to perform network integrity maintenance, and especially to prevent any significant failures of the network, software or saved data.
8. Third Party Rights
RebelTV is not liable for your photos, videos, texts, music or other miscellaneous Content placed on its platform. You agree to indemnify and hold RebelTV harmless from all third party claims for infringement of rights, in particular copyrights, licences, competition laws, patent rights or other miscellaneous trademark laws based on your submitted Content. This indemnification includes your obligation to compensate RebelTV for all attorneys’ fees and costs incurred in any litigation or other proceeding, as well as for damages arising from infringement. You agree to assist RebelTV with its defence of any such claim by providing RebelTV with all requested documents and data. RebelTV will release you from liability for any third party claims which depend on alleged infringement of commercial property rights or copyrights if RebelTV is at fault for the alleged infringement and you inform RebelTV in writing immediately upon learning of any such claims and RebelTV’s rights to all technical and legal means of defense and settlement negotiations have not been compromised in any way. The aforementioned release will not apply if any third party infringement claims are due to misfeasance on your part, in particular related to the placement of Content on the RebelTV platform by you.
9. Liabilities
RebelTV shall only be liable for damages caused by a willful or grossly negligent breach of its promises to you. This limitation of liability shall also apply to breach of any implied contractual term as well as for harm and/or consequential harm caused by a defect. In the case of simple negligence, RebelTV will only be liable for breach of important contractual obligations, so-called Cardinal Obligations, where damages were foreseeable. Furthermore, RebelTV is liable for damages based on the product liability law as well as damages resulting due to death, bodily injury or injury to health. RebelTV shall be free to raise the defence of contributory negligence on your part. The preceding limitations on liability apply not only to RebelTV but to its legal representatives and assigns. RebelTV expressly disclaims any liability for any website linked to the RebelTV’s Website or any good, services or content provided thereon. The provider of any linked website shall be solely responsible therefore.
10. Privacy Policy
Your personal data will be kept confidential to the extent required by law and, unless you provide RebelTV with explicit consent, it will only be used in furtherance of your relationship with RebelTV, including: billing, collections, processing and utilization. Data collection, usage, and processing shall be carried out electronically. Please note that you are hereby also authorizing RebelTV to use your master and access information, to the extent necessary, to find, contain and remove errors and bugs, and to uncover illegal usage on its telecommunication networks and services. In accordance with applicable laws and ordinances, RebelTV may submit information to law enforcement agencies and courts for the purpose of prosecution. Upon request, RebelTV will immediately and without charge, provide you with information about saved data concerning you and your pseudonyms. You may request that this information be sent to you electronically. RebelTV may transfer billing information to other service providers and third parties, so long as such transfer is necessary for the calculation of fees and/or for billing you. Other than the above listed disclosures, RebelTV will not give or release information about you, or your private communications, to third parties without your consent. RebelTV explicitly notes that the protection and safety of data transmissions in open networks such as the internet, even with the present state of technology, cannot be absolutely guaranteed. You, the user, understand that RebelTV can at any time, from a technical perspective, view saved page information on the web server and under certain circumstances also other stored user data. It is solely your responsibility to protect your own data on the internet and saved on RebelTV’s web server. You consent that during the term of this agreement RebelTV may send you technical support e-mails, with references to and information about access to services, possible expansions and other appropriate miscellaneous RebelTV platform information. For the purpose of advertising, marketing research and other justifiable arrangements, RebelTV may utilize your uploaded photos, videos and/or tags and for this may create a corresponding profile under your pseudonym. However, you have the right to prohibit the processing and use of your information.
11. Final Provisions
Should any provision of these Terms of Use be or subsequently become invalid, illegal or unenforceable, these Terms of Use shall be deemed amended to delete therefrom the provision adjudicated invalid, illegal or unenforceable and the validity of the remaining provisions of these Terms of Use shall not be affected thereby. However, to the extent possible any provision adjudicated invalid, illegal or unenforceable shall be replaced with a provision which most closely provides the intended result of the deleted provision. Jurisdiction for any dispute about or involving RebelTV shall be, so far as legally permissible, in a court of competent jurisdiction in Cologne, Federal Republic of Germany.
General Information
This notice and all privacy terms are effective for RebelTV websites and services.
Personal Info
When you register with RebelTV’s services, you must provide certain personally identifiable information (such as your name and E-mail address). We utilize cookies and other technologies in order to track your interaction with our sites and services, so that we may individually suit them to you. All of your information will be saved exclusively on RebelTV’s servers. Sensitive data will be sent via confirmed safety technologies and encrypted on the transmission path, therefore protected from unwanted access.
Appropriation of Information
We utilize gathered information in order to provide the services you desire. Our services may include announcements from personalized content and similar advertisements. With the aid of your data, we can inform you about other product and service offers from others from RebelTV and joint companies. We can also send you invitations to participate in relevant surveys about our services. We do not sell, rent or lease out our client lists to interested third party providers. So that we can better offer services, we will occasionally pass information on to other companies, who work in our name.
Further Information
For further information about the subject of privacy protection, refer to our Terms of Use.
Contact Information for RebelTV
RebelTV puts high value on your comments to our Privacy Policy terms. Should you have any questions to these terms or believe that they are not being maintained; you can trustingly send us an E-mail or write to us at the address given below.
General Information according to the § 5 Telemediengesetz (Telemedia Act):
REBEL Productions GmbH
Sternstrasse 106
Hamburg, 20357
Germany
CEO: Christian Maria Herles
Company Registry:
HRB 108230
VAT-No:
DE 263537267
+49 (40) 432140-0
E-Mail: info@rebel.tv |
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