14129 Berlin, Germany
Gesellschaft mit beschränkter Haftung
HRB 162946 B
USt-IdNr (VAT ID no):
Geschäftsführer: Georg Gruber
Verantwortlich im Sinne von § 10 Abs. 3 MDStV: Georg Gruber
General Conditions for the Use of MAGNETFILM Websites
By using the websites (hereinafter collectively referred to as the "Sites") of MAGNETFILM (herein collectively referred to as "MAGNETFILM") 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. magnetfilm 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. magnetfilm 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 MAGNETFILM 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 MAGNETFILM or by others. Unless otherwise expressly granted herein below by MAGNETFILM, you have no right to use any Marks displayed on the Sites. Unless expressly granted herein below or by prior written consent of MAGNETFILM, no material and/or Marks from the Sites or any other sites owned, controlled or operated by magnetfilm 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 MAGNETFILM. 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 MAGNETFILM.
FORUMS AND PUBLIC COMMUNICATION
"Forum" means a chat room, bulletin board, or e-mail function offered as part of the Sites. MAGNETFILM 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 magnetfilm 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 MAGNETFILM 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. MAGNETFILM 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 MAGNETFILM, 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, MAGNETFILM 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 MAGNETFILM, you automatically grant (or warrant that the owner of such rights is expressly granting) to MAGNETFILM 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 MAGNETFILM 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 MAGNETFILM, or your failure to comply with the terms of this agreement. While MAGNETFILM does not and cannot review every message posted by users of the Forums, and is not responsible for the content of these messages, MAGNETFILM 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.
MAGNETFILM 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, MAGNETFILM 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 magnetfilm , or (2) gross negligence or malicious intent on the part of MAGNETFILM, or (b) damages due to injury of life, body or health are concerned. MAGNETFILM shall not be liable for any other loss or damage incurred from the existence of your use of the Sites. MAGNETFILM 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 MAGNETFILM, 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. MAGNETFILM 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. MAGNETFILM 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, MAGNETFILM does not guarantee uninterrupted and error-free functioning of the Sites, nor the correction of mistakes on the Sites. MAGNETFILM does not warrant or make any representations regarding the correctness, accuracy, or reliability of the contents of the Sites. MAGNETFILM '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, Berlin 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 Berlin 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 MAGNETFILM and each user of the Site(s), and may not be modified in any form without the prior written consent of MAGNETFILM.
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.
Our website may be used without entering personal information. Different rules may apply to certain services on our site, however, and are explained separately below. We collect personal information from you (e.g. name, address, email address, telephone number, etc.) in accordance with the provisions of German data protection statutes. Information is considered personal if it can be associated exclusively to a specific natural person. The legal framework for data protection may be found in the German Federal Data Protection Act (BDSG) and the Telemedia Act (TMG). The provisions below serve to provide information as to the manner, extent and purpose for collecting, using and processing personal information by the provider.
MAGNETFILM GmbH, Tel: +49 (0)30 24628156, Mail: firstname.lastname@example.org
Please be aware that data transfer via the internet is subject to security risks and, therefore, complete protection against third-party access to transferred data cannot be ensured.
Our website makes use of so-called cookies in order to recognize repeat use of our website by the same user/internet connection subscriber. Cookies are small text files that your internet browser downloads and stores on your computer. They are used to improve our website and services. In most cases these are so-called "session cookies" that are deleted once you leave our website.
To an extent, however, these cookies also pass along information used to automatically recognize you. Recognition occurs through an IP address saved to the cookies. The information thereby obtained is used to improve our services and to expedite your access to the website.
You can prevent cookies from being installed by adjusting the settings on your browser software accordingly. You should be aware, however, that by doing so you may not be able to make full use of all the functions of our website.
USE OF FACEBOOK COMPONENTS
Our website employs components provided by facebook.com. Facebook is a service of Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA.
Each time our website receives an access request equipped with a Facebook component, the component prompts your browser to download an image of this Facebook component. Through this process, Facebook is informed precisely which page of our website is being visited.
When you access our site while logged into Facebook, Facebook uses information gathered by this component to identify the precise page you are viewing and associates this information to your personal account on Facebook. Whenever you click on the “Like“ button, for example, or enter a comment, this information is transmitted to your personal account on Facebook and stored there. In addition, Facebook is informed of your visit to our website. This occurs regardless of whether you click on a component or not.
If you wish to prevent the transfer to and storage of data by Facebook about you and your interaction with our website, you must first log out of Facebook before visiting our website. The data protection policies of Facebook provide additional information, in particular about the collection and use of data by Facebook, your rights in this regard as well as the options available to you for protecting your privacy: https://de-de.facebook.com/about/privacy/
You can find an overview of Facebook plugins at https://developers.facebook.com/docs/plugins/
USE OF YOUTUBE COMPONENTS WITH ENHANCE DATA PROTECTION MODE
On our website we use components (videos) of YouTube, LLC 901 Cherry Ave., 94066 San Bruno, CA, USA, a company belonging to Google Inc., Amphitheatre Parkway, Mountain View, CA 94043, USA.
To this end, we use the “ - enhanced data protection mode - ” option provided by YouTube.
When you display a page that has an embedded video, a connection will be made to the YouTube server and the content will appear on the website via a communication to your browser.
According to the information provided by YouTube, in “ - enhanced data protection mode -”, data is only transferred to the YouTube server, in particular which of our websites you have visited, if you watch the video. If you are logged onto YouTube at the same time, this information will be matched to your YouTube member account. You can prevent this from happening by logging out of your member account before visiting our website.
Further information about data protection by YouTube is provided by Google under the following link:
USE OF VIMEO COMPONENTS
We use Vimeo components on our site. Vimeo is a service of Vimeo LCC, 555 West 18th Street, New York, New York 10011, USA. Whenever you visit our website, which is equipped with such a component, this component causes the browser you are using to download a corresponding display of the Vimeo component. When you visit our site and are at the same time logged into Vimeo, Vimeo recognizes by means of the information collected by the component, which specific page you are visiting and assigns this information to your personal account at Vimeo. If, for example, you click on the “Play” button or make comments, this information will be conveyed to your personal user account at Vimeo and stored there. In addition, the information that you have visited our site will be passed on to Vimeo. This is done regardless of whether you click on the component/comment or not.
USE OF MAILCHIMP
You will be asked to consent to the use of your personal data to receive our newsletter as follows:
We use the newsletter to provide you with regular updates about our offers. To receive our newsletter, you will need a valid email address. We will then check the email address entered to ensure that you are actually its owner or if its owner has agreed to receive our newsletter. By registering for the newsletter, we will save your IP address and date and time of registration. This will be used in case a third party misuses your email address to subscribe to our newsletter without your knowledge.
We will not compare the data collected during newsletter registration with any other data that might be collected by other components of our site.
Newsletter by MailChimp
We use MailChimp to send our newsletter to our subscribers. MailChimp is a service provided by The Rocket Science Group, LLC, 512 Means Street, Suite 404, Atlanta, GA 30318, USA.
The data stored when you registered for the newsletter (email address, name, IP address, and time and date of registration) will be sent to a server operated by The Rocket Science Group in the United States and stored there in accordance with the EU-US Privacy Shield.
Further information about the data protection offered by MailChimp can be found at:
Further information about the EU-US Privacy Shield can be found at:
You may cancel your newsletter subscription and revoke your consent to the storage of this data at any time with future effect. For instructions to take this step, please refer to the confirmation email and each newsletter.
Our newsletter includes so-called web bugs that allow us to recognise if and when an email has been opened and which links in the email have been clicked by its recipient.
This data is stored by us so that we can best align our newsletter to the wishes and interests of our subscribers. Accordingly, the data thus collected is used to send personalised newsletters to each recipient.
You will be asked to consent to the use of your personal data as follows:
“I agree that my data and my user responses will be stored electronically by newsletter tracking so that I can receive a personalised newsletter. The revocation of the consent to receive the newsletter constitutes a revocation of the consent for the tracking described above.”
By revoking the consent to receive the newsletter, the consent to the aforementioned tracking is revoked.
On the basis of the Federal Data Protection Act, you may contact us at no cost if you have questions relating to the collection, processing or use of your personal information, if you wish to request the correction, blocking or deletion of the same, or if you wish to cancel explicitly granted consent. Please note that you have the right to have incorrect data corrected or to have personal data deleted, where such claim is not barred by any legal obligation to retain this data.