Filmtube Terms and Conditions
1. Preamble
The service offered on the FILMTUBE website is a service offered by ConWeSo GmbH, Johannisstrasse 88, 49074 Osnabrueck, Germany, („Provider“ or „We“). The service is offered by the provider on the basis of these terms and conditions. By registering on the FILMTUBE website or using the services of the provider the user agrees to these terms and conditions. Especially the user certifies, that by accessing the FILMTUBE website the user
- is using FILMTUBE (and the respective content) solely for personal, non-commercial purposes;
- will not copy or distribute any part of the website without prior written authorization by the provider;
- will fully comply with these terms and conditions.
2. Intellectual Property Rights
The FILMTUBE website, except all user submissions (as defined in column 5), and the trademarks, service marks and logos contained therein ("marks"), are owned by or licensed to the provider. The user may not use, copy, reproduce, distribute, broadcast, display, sell, license, or otherwise exploit them for any other purposes without prior written authorisation of the respective owners.
3. Requirements, Registration and Termination of the Membership
To become a member of FILMTUBE or to use the services offered by the provider, the user has to have full contractual capacity or to have an authorisation by his/her legal representatives.
The user is obliged to provide correct and full information in accordance with the registration form. The information in the member sheet are to be kept updated.
By deleting his/her membership account the user can terminate his/her membership at any time, without declaration of reasons.
The user agrees, that the provider can delete the user’s password or membership account or prevent the user from any further use of the service at any time without declaration of reasons.
4. General Responsibilities of the User
The user has to ensure, that his/her membership account can not be accessed by other persons and for that reason has to keep his/her password unavailable to other persons.
The user accepts, that he/she is fully responsible for all activities performed under his/her (user)name. In case the user authorises other persons to use his/her membership account, the user accepts, that he/she is fully responsible for all activities performed by theses persons under his/her username.
The user agrees to inform the provider about any abuse of his/her membership account immediately after notice. The user will be held fully liable for all losses resulting from any abuse he/she is responsible for.
The user agrees to refrain from any action, that impairs or may impair the functional capability of the FILMTUBE website. This refers especially to the use of "robot", "spider" or "offline-reader" software able to perform user queries automatically. Furthermore the user is not allowed to modify, copy or distribute any content of the FILMTUBE website, that for that reason is not approved by the provider.
5. User Submission
The provider allows the user to submit, publish and share videos and other materials on the FILMTUBE website. The user shall be solely responsible for his/her own submissions and the consequences of posting or publishing them.
The user retains all of his/her ownership rights in his/her submission. However, by submitting the material to the provider, the user grants a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the submission in connection with the FILMTUBE website and business. The license granted by the user terminates once the user deletes his/her submission from the FILMTUBE website.
The provider does not check or endorse any user submission. The provider expressly disclaims any and all liability resulting from user submissions.
The user confirms to possess all necessary rights with regard to the materials submitted, especially the rights, that refer to the services offered by the provider (storage, publishing, distribution) and that no third party rights, legal requirements or the regulations of these terms and conditions are violated. If the user does not own the necessary rights of the materials submitted, the user guarantees to possess sufficient authorisations by the respective owners. In case the user violates one the above mentioned guarantees, the user exempts the provider from any liability towards third parties and to fully reimburse the provider. At any notice of copyright infringing activities or infringement of intellectual property rights on its website, the provider will promptly and without prior notice remove all content and user submissions. Repeat infringes will have their user access terminated.
Furthermore the user agrees not to:
- publish falsehoods or misrepresentations that could damage the provider or any third party;
- submit material that is unlawful, threatening, harassing, hateful, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate;
- post advertisements or solicitations of business;
- impersonate another person;
- submit age-restricted material.
The user accepts, that by using the FILMTUBE website he/she may be exposed to a number of user submissions stemming from a variety of sources. The user accepts, that the provider is not responsible for the correctness, usefulness, security or intellectual property rights of the submissions. Furthermore the user confirms, that he/she is aware of the possibility to be exposed to offending user submissions and expressly abstains from any claims resulting from them.
6. Disclaimer of Warranty
The user agrees the use of the FILMTUBE website shall be at his/her sole risk. The provider makes no warranties or representations about the accuracy or quality of the services offered.
The provider reserves the right to modify or terminate the service offered at any time and without declaration of reasons.
In no event the provider shall be liable to the user for any damages resulting directly, indirectly or incidental from the use of the services offered by the provider. The provider makes no warranty or liability for any errors, mistakes or inaccuracies of content of the FILMTUBE website or any other website connected to or accessible through FILMTUBE via hyperlink.
The user confirms, that, if demanded by the provider, he/she fully reimburses or exempts the provider, companies affiliated with the provider as well as employees, agents, shareholder and assistants of the provider from any claims, that are expressed by third parties on the basis of materials submitted by the user or the use of that materials. This also includes the reimbursement of appropriate law costs.
The provider makes no warranty or liability for products or services, that are offered by third parties on the FILMTUBE website or on websites, that are connected to or are accessible through FILMTUBE website via hyperlink.
7. Data Privacy / Protection
All data transmitted are retrieved, processed and stored in accordance with the German Data Protection Act as well as the Tele Services Data Protection Act.
User data will not be transmitted to third parties unless declared otherwise and with prior authorisation of the user.
The provider is authorised to transmit user data to law enforcement agencies if requested. Furthermore the provider is authorised to transmit user data to third parties, if these parties can clearly demonstrate a legitimate interest in the data. A legitimate interest is on hand, if pursuance of criminal action or legal steps are demanded.
Apart from the aforementioned exceptions user data are kept confidential and are only transmitted to third parties with prior authorisation by the user. However the user agrees to the processing and storage of his/her data for the purpose of this contractual relationship. The user consents to the storage and use of his/her data by the provider according to the described conditions.
Any access to our website and/or any stored files on our website will be logged. The storage of the log files is for internal and statistical purpose only. Logged are particularly:
- browsertype and -version
- operating system
- host name and IP address
- date and time of access
We can not allocate these data to any designated person.
These data can be transferred to third party service providers for statistical analysis.
8. General Terms
The only court of competent jurisdiction is Osnabrueck, Germany.
No ancillary verbal agreements have been made. Modifications of the contractual terms, including these Terms and Conditions, must be in written form.
These Terms and Conditions can be modified without prior notification, at any time. The user hereby confirms that he will check the Terms and Conditions regularly whenever visiting our website or using any our services.
If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
