se.kluger, Melhopweg 24, 22397 Hamburg (hereinafter the „the Company”), is involved in the maintenance of a web-based video-playlist generation and video promotion tool called 'uberelectron' (hereinafter „the Service“).
By using the service, the user (hereinafter referred to as „User“) accept the following General Terms and Conditions (hereinafter the „GTC”) for using the mentioned web service.
The Company operates the Service under various top-level domains (.net, .com etc.), as well as various sub-domains and aliases of these domains. All web sites on which the Company provides the Service are hereinafter referred to as „Service Web Sites.”
The User can call up, print out, download and or save these GTC at any time, even after the agreement has been closed, under the “Terms & Conditions” link that appears on all Service Web Sites.
1.The contract applies when the User enters applies a search query to the Service. The scope of the contract is based on the scope of usage.
2.The contract can be terminated by both parties at any time.
3.The Company is entitled to temporarily interrupt the service provision to the User at any time.
1.The termination or interruption can occur at any time without special reasons and / or without notice.
2.On the termination of the service the User´s entitlement to use the service ends immediately.
3.On termination of the contract the User´s right to use the service ends also.
1.The Company is entitled to send the User declarations of intent and data relating to the service in electronic form. The company can send this data via e-mail to the e-mail address given if the User has registered to the Service or via a web site.
2.The User provides assurances that he has the necessary hardware and software for the period of the contract, to be able to receive communications from the Company.
3.The use of the Service is not allowed without this kind of sending of messages and Declarations of Intent.
The Company provides the Service to the User for the duration of the contract in accordance with the terms of this GTC.
1.Minimum availability is not agreed upon. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of the Service´s content.
2.The User is not allowed to undertake commercial use of the Service including but not limited to its embeddable and / or exportable elements, features and datasets like widgets, javascriptlets, xml exports, video players etc. without the express written con sense of the Company. 1.The User accepts that in case of unpermitted commercial usage the Company may at any time: 1.Terminate the contract without prior notification to the user; 2.Alter the exported and provided content in a way that it is publishing obvious references to the Service, the Company and / or contractual partners of the Company with elements like injected video advertisement, back links, logos, banners and / or other audiovisual elements.
3.The use of the Service is free of charge for non-commercial usage.
4.The User is not entitled to add any illegal or prohibited data, information and / or references to the Service sites and / or exportable content provided by the Service as described hereafter. The User accepts that such data is removed by the Company without prior notification to the user:
1.Any libelous or other unlawful material, including matter that may be construed as invasion of privacy, violation of a right of publicity; 2.Any content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; 3.Any content that contains nudity, violence, offensive subject matter and / or pornographic material; 4.Any content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party (including without limitation rights of privacy and publicity), or that would otherwise create liability or violate any local, state, national or international law; 5.Any infringement of a copyright, a patent or a trademark and the theft of trade secrets; 6.Any content that, in our sole judgment, is objectionable, or which may expose the Company, its contractual partners, its users and / or any other right of a person or party to any harm or liability of any type; 7.Any content or making themselves available where the commercial rights of third parties are protected, unless the rights to these materials are the intellectual property of the User or are used by the User within an effective license agreement; 8.Any content where the applicable terms and conditions of involved third-party services - including but not limited to media -storage providers, -publishing platforms, -conversion services and -searchengines does not comply with the use within or via the Service.
With this contract the User indemnify and hold harmless the Company for any losses or liabilities arising out of your use of any incorporate functions and / or third party content.
The adherence to the valid data protection regulations is especially important to the Company. For this reason:
1.The User is not allowed to use the Service in a way which could cause damage to the Service, other Users of the Service, the Company itself or a company associated with it.
2.The User is especially not allowed to:
1.Getting access or to try to getting access without permission to the accounts, computers or networks belonging to the Service; 2.Disrupting the accounts, computers or networks belonging to the Service; 3.Using the Service in a way which violates the law; 4.Violating in any other way rules of conduct or guidelines which apply to this Service; 5.Sending materials or make themselves available for files containing viruses, trojan horses, worms, “time bombs”, cancel bots, damaged filed or comparable software, which can damage other computers;
3.The Service provides content within the Service as appropriate.
4.Third party providers also provide some content. The Company assumes no responsibility for content from third party providers which the User accesses through the service.
5.Any links to services, data or files provided by 3rd parties are solely provided as service, without these services being checked beforehand. For this reason the Company holds no responsibility for the content of these third party links.
6.The User assumes sole responsibility for all activities relating to his User account and his password. The User is obliged to inform the Company immediately of any unauthorized use or known security violation relating to the service.
7.The User herewith declares his agreement to receiving advertisements from the company or its partners over the Service´s platform.
The Company attempts to provide the user with all conceivable technical support relating to the use of the Service.
1.However the contract between the parties does not constitute a claim to technical support.
2.The Company is entitled to cease support activities at any time.
3.The Company provides no technical support for third party software which is used with the Service.
4.The User is informed that he has to contact the software provider of the third party software in order to receive technical support.
1.The Company is entitled at any time to transfer this contract in its entirety or individual rights and obligations to a third party with or without prior announcement to the User.
2.The User is not entitled to cede the contract or individual rights or obligations of the contract to another party. Any attempt to do so is invalid.
The Company is the sole proprietor of all usage rights for the Service. 1.The Service is protected by copyright and other intellectual property laws and international treaties. 2.Any reproduction, modification, creation of derivative works from or redistribution of the Service or the collective work, and / or copying or reproducing the Service or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written con sense of the Company. 3.You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any Service source code. 4.Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell and exploit for any purposes, any aspect of the Service.
This service is conducted in the technical and legal sense in Hamburg, Germany. The service location is therefore Hamburg in a legal sense. Every other location, where the service can be accessed, is not considered for contractual, liability related and statutory purposes for the claims relating to the Service location. The Company grants no guarantee that the Service adheres to the legislation of the country where the offers and data can be accessed via the Service.
Court of jurisdiction and location of fulfillment is Hamburg. The use of the Service offering and these GTC are solely subject to German law in application and interpretation.
The invalid nature of individual terms of this GTC does not effect the validity of the other terms. Terms primarily apply to replace such invalid terms, which correspond the most closely to those terms and secondly to legislation.
Hamburg, 25th. July 2008