Terms and conditions

This portal is owned and operated by

ONLINEFILM AG
Wakenitzufer 34-36
23552 Lübeck / Germany


Within these terms and conditions the term “User” describes all those persons using this Internet site whether or not they have previously registered, and who are thus making use of its content and communicating with other users.


Within these terms and conditions the term “Supplier” describes all individuals, legal entities and institutions publishing content on or via the Portal.


The term “Portal” describes all documents, content and information accessible via the same Internet address (www.onlinefilm.org), at which these terms and conditions of business can also be accessed. This includes all sub-domains, sub-directories and sub-pages.



1. Area of Application


A) These terms and conditions represent the terms under which offers made on the Portal may be operated, used, and viewed.


B) By registering you are expressly agreeing to these terms and conditions of use. ONLINEFILM AG expressly reserves the right to amend or adapt these terms and conditions at any time, to take effect for the future. Suppliers and Users are informed of any such change at an appropriate place on the Portal and by e-mail sent to the e-mail address indicated by the Supplier or the User. Suppliers and Users accept such changes by logging in or by registering.



2. Service performed by Operator, Sales Contract, Acquisition of Title


A) The Internet site is a multi-media platform enabling Suppliers to upload and publish their own content, and which also allows Users to interchange with other Users and to share the content within an open Community. The services provided include the provision of a function enabling Suppliers to the Portal to set up (i.e. to upload content in order to offer it on the portal) different content such as videos, images or text, as well as facilities for participation in ratings, comments or polls relating to the content supplied by the Suppliers. It also includes facilities for making contact with other users, searching for content, and including uploaded content on Users’ own web sites. Content may be made available for downloading on payment of a fee, or free of charge.


B) Where a Supplier supplies content for downloading on payment of a fee, the Sales Contract is made directly between the Supplier and the User concerned. A Supplier who has uploaded content for downloading against payment of a fee makes a binding offer that users may purchase the content at the stated price. The User states acceptance (enters into the contract) by pressing the “Buy Film” button, and then makes payment using the relevant payment option (such as PayPal), and finally by confirming the purchase of the content by pressing the “Confirm and buy film” button.


ONLINEFILM is responsible for the collection of the payments. As soon as a quatitative threshhold* is collected for the Supplier, ONLINEFILM will send a credit note and after deduction of a distribution provision* for ONLINEFILM, pay the sum on the first of the following month. Planned payment method is Paypal.


*The amount of the quantitative threshhold as well as the distribution provision is accounted for in the specifications sheet.



The User now receives a file (“information file”) containing the information needed to download the content using special software. This file must not be passed on to third parties. The software must be installed on the User’s PC prior to downloading the content. The same applies to users wishing to download content made available free of charge.


C) In view of the fact that, due to the nature of the content, it is not possible to return it, no right of withdrawal as stated in Article 312d, section 4, nos. 1 and 2 of the BGB (German Civil Code) exists with regard to downloading content.



3. limitations to the use of the downloaded films


A) ONLINEFILM AG its shareholders and partners respect the intellectual property rights of third parties, the integrity of personalities, and the protection of personal privacy, in particular of those persons represented in the content published on the Portal, and requires Suppliers and Users to do the same.


B) All content supplied is protected by copyright or by other rights. By downloading the content, the User expressly recognises that these rights exist. Users obtain the simple, non-transferable right to use the downloaded content for their exclusive personal use in accordance with the copyright law, in the manner offered.


C) Users are not permitted to process the content, make it publicly available, nor to resell or use the content for commercial purposes. Copies may be made only within the very restricted limits of legally permitted private copies. Should a non-permitted use be made of the content, ONLINEFILM AG will take proceedings against any such miss-use, and will instigate civil and criminal proceedings.


D) Any photographs and text supplied must be used only for the purposes of advertising the content to which they relate, or for making reports about the ONLINEFILM.org portal or about ONLINEFILM AG and its partners.



4. Duties of the Suppliers


ONLINEFILM AG provides Suppliers with web storage space on the Portal for their uploaded content, in particular images, videos and text. Please see the price and services directory for further information.


A) Suppliers have sole responsibility for their uploaded content. They therefore give an assurance that the content is either material that is in the public domain or that they are able to have available the necessary rights of the authorised parties (especially copyright, rights to trademarks, names and related signs). Suppliers also give assurance that the content uploaded onto the Portal does not breach statutory legislation, the rights of third parties (in particular the right to privacy), or good manners. In particular, content must not contain threatening, abusive, or racist material, nor material glorifying violence, nor defamatory, harassing, offensive, or pornographic material or material that could in any way be harmful to young people.


B) Suppliers are likewise prohibited from publishing content which, in contravention of the UWG (Unfair Competition law) – in particular prohibited advertising or spamming – distributes or advertises the distribution of legally prohibited political or ideological views (especially when making use of the symbols or signs of such views) or which in any other way have a prohibited political or ideological aim.


C) Furthermore, Suppliers are responsible for ensuring that the content they upload onto the Internet site is free from viruses, worms, Trojans and other malware.


D) ONLINEFILM AG is entitled to prevent the uploading of, or to block or to remove, content that is in breach of the terms stated in these General Terms and Conditions of Business. Suppliers have no claim against ONLINEFILM AG for the uploading of content, the removal of a blocking action, or reinstatement of content already removed. Regardless of the right to block or to remove such content, ONLINEFILM AG is also entitled to exclude a Supplier from further use of the Portal and/or to make a claim (in particular compensation for damages) against the Supplier.



5. Period of Usage rights


A) Suppliers and Users may terminate their membership at any time by deregistering. Before terminating their membership Suppliers must delete all their content files and metadata.


B) ONLINEFILM AG is entitled to terminate the usage rights of a Supplier in the following situations: - where the Supplier is in breach of one of the undertakings set out in these terms and conditions of usage, or - where the Supplier has not used the service during a period of more than six months.


C) In all cases of termination of usage rights, ONLINEFILM AG is entitled to delete content uploaded by the Supplier. The Supplier has no claim to restitution or other surrender of the content uploaded by him.


D) Regardless of the above paragraphs ONLINEFILM AG is entitled at any time, and without prior notice, to discontinue the Portal, the services or parts of the service offered thereon. Supplier and User usage rights shall terminate automatically to the same extent.



6. Granting of rights


A) The User permits ONLINEFILM AG to use the uploaded content in order to provide the services associated with the operation of the Portal, and grants to ONLINEFILM AG the necessary rights to the content, free of charge. This right of use includes in particular the right to publish the content worldwide, and to reproduce, distribute and transmit it to third parties.


B) Furthermore, within the scope of content in the public domain, ONLINEFILM AG is entitled to carry out promotional activities or to arrange for promotional activity to be carried out, in connection with the content or with the Portal (for example Pre-roll and Post-roll advertising for the Portal, ONLINEFILM AG and its partners, and other content on the Portal. The Supplier gives his express agreement to such action.


C) Since the Portal is an open Community, the Supplier expressly agrees to the linking (links to or inclusion on other Internet sites) of his content by third parties. ONLINEFILM AG makes no claim to ownership of such content. The Supplier is in fact solely responsible for the content uploaded by him.


D) Moreover, the Supplier provides permission to ONLINEFILM AG to process the uploaded content, however only in order to adapt it to the format necessary for use, to improve the picture quality, or to achieve multi-lingual capability for the supplied content or the Portal (for example, by means of sub-titles).


E) The rights transferred to ONLINEFILM AG by the Supplier expire upon removal of the content from the Offering of ONLINEFILM AG.


F) The Supplier guarantees to ONLINEFILM AG that he is the owner of all the necessary rights to the uploaded content, is not in breach of the rights of third parties of whatsoever type, nor of any statutory provisions, and releases ONLINEFILM AG, its partners and associated companies, as well as its representatives, employees, directors and agents, at the first request, from all claims that third parties may make against ONLINEFILM AG asserting that the content uploaded by the User to the Internet site is in breach of their rights or is in breach of statutory provisions; this includes reasonable costs in defence of rights.


G) ONLINEFILM AG gives permission to Suppliers and Users, during their membership, to use the services and software provided on the Portal, and grants Suppliers and Users the simple and non-transferable usage rights to such.



7. Service Availability


A) The Supplier is aware that ONLINEFILM AG gives no guarantee or warranty of availability of the Internet site or of the content available on it. ONLINEFILM AG expressly reserves the right to discontinue the availability of the Internet site (even without giving prior notice) in full or in part, or to restrict access to it either in full or in part.


B) In the light of the above ONLINEFILM AG accepts no responsibility that Suppliers and Users will be able to make use of the offered services at any time and/or without interruption.


C) Since films distributed on a Peer-to-Peer system depend greatly on the available servers and Suppliers’ and Users’ Internet connections, ONLINEFILM AG makes no guarantee of successful and rapid completion of downloads. In the event that, despite the acquisition of an information file, a download is not realised, ONLINEFILM AG will endeavour to enable the User to make the download and as a general rule, will provide him with a new information file free of charge.



8. Liability


A) ONLINEFILM AG shall be liable only for damages incurred by its deliberate or grossly negligent breach of contract, as well as for damages arising from the slightly negligent breach of significant contractual obligations. In the latter situation, the liability of ONLINEFILM AG is restricted to such damages as are typically predictable at the time of entering into the contract. The liability of ONLINEFILM AG for fatal injury, physical injury and damage to health and in accordance with the product liability law, remains unaffected thereby. The above-mentioned liability restrictions apply also in the event of a breach of obligations by the statutory representative or agents of ONLINEFILM AG.


B) Claims for damages against ONLINEFILM AG shall expire 12 months after their origination. This does not include claims based on deliberate misuse or prohibited use, nor claims based on the product liability law.


C) The above liability restrictions shall also apply to ONLINEFILM AG affiliated companies, and to the personal liability of employees, representatives, shareholders and agents of ONLINEFILM AG and/or ONLINEFILM AG affiliated companies.


D) ONLINEFILM AG expressly distances itself from the content of all Internet sites for which Links exist on this Portal. ONLINEFILM AG accepts no liability for such content and pages. The Suppliers of the pages concerned are responsible for the content of such websites.


E) Content is downloaded or otherwise received in connection with the Offering at the risk of the User concerned. No liability can be accepted for damage to computer systems or other technical devices used, nor for the loss of data, or for other damages based on the downloading of content, the installation of software from software publishers other than ONLINEFILM AG, or for other transactions connected with the use of the Portal.



9. Information about breach of rights


If you believe that content uploaded to the Portal by users is in breach of these general Terms and Conditions, or of statutory provisions, please contact us at the address stated on the Imprint page, giving precise details of the location (the heading…) of the content, or stating the description underneath the viewing window for the video, photo or text in question.



10. Property rights held by ONLINEFILM AG


The User acknowledges that all trademarks, brands and other property rights used on this Portal are the exclusive property of ONLINEFILM AG and/or its legal owners, and must not be used without the prior written agreement of ONLINEFILM AG or its legal owner. Nor may parts of the Portal be copied, decompiled or otherwise altered.



11. Data Protection


The Operation and Use of this Internet site is in accordance with the data protection declaration made by ONLINEFILM AG, which you hereby acknowledge.



12. General


A) The law of the Federal Republic of Germany applies to these Terms and Conditions of use and to all rights relationships between ONLINEFILM AG and the Users. The Terms and Conditions of use are not subject to the UN Sales Convention for the International Sale of Goods. The place of performance is the place of business or domicile of ONLINEFILM AG (as stated on the Imprint page of this Internet site). The place of jurisdiction is, as far as is permissible, the place of business or domicile of ONLINEFILM AG (as stated on the Imprint page of this Internet site).


B) Should any single provision of these usage conditions become ineffective in law, the effectiveness of the remaining provisions shall be unaffected. Any ineffective or invalid provisions shall be replaced by provisions that come as close as possible in content and purpose to the economic intention of the original clause; the same applies to any loopholes in the provisions made in these conditions.

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ONLINEFILM Editorial & Support
C. Cay Wesnigk

Mail: support@onlinefilm.org

Phone +49 451 5057570
Fax +49 451 282223

Snail mail
Heisterbusch 3
23611 Bad Schwartau
Germany

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Imprint

ONLINEFILM AG
Heisterbusch 3
23611 Bad Schwartau / Germany
Phone +49 451 5057570
Fax +49 451 282223

Chairman:
C. Cay Wesnigk - wesnigk(at)onlinefilm.org

Chairman of the supervisory board:
Roland Schmidt

Registered address:
Wakenitzmauer 34-36
23552 Lübeck / Germany

Steuernummer
22 296 23957 Finanzamt Lübeck
USt ID DE 214233673
HRB 7698 HL
Amtsgericht Lübeck (local court)