Terms and Conditions

Terms and Conditions for the Usage of this osTube based website (including all sub-pages)

The term Operator refers to a person, a company or an organization or company represented by a person, designated on the contact page of this website.

The term Users refers to people who have or have not registered at the website and who, meanwhile, use the contents of the website, communicate with other users on the website or publish contents through the website. The direct use of the personal pronoun "You" is used to address you as a user of this website.

The term Website refers to all the documents, contents, and information offered at the same internet address, under which the operations of the aforementioned materials and these Terms and Conditions are made available. The term Website also includes all its sub-directories and sub-pages.

1. Scope of Effect

A) The following stipulations are the conditions under which the Operator’s Website based on the Software "osTube" can be visited, used and seen by the Users.

B) With your registration, you expressly agree to these usage terms and conditions. The Operator reserves its right to change or amend these conditions at any time with effect for the future. The User will be informed of such change or amendment on this Website. The User accepts such changes by logging in or registering.

2. Services Provided by the Operator

A) This Website is a multimedia platform which enables its Users to upload and publish their own contents, to exchange themselves with other Users and to share and classify those contents within an open user Community ("Community"). Besides other functions, the provided services include functionality enabling Users of the platform to upload (transmit contents in order to share it online) and publish various contents, such as pictures, videos, or texts to the Website and to comment and rate contents published by other Users, or to participate in community votings. Furthermore, it enables the Users to contact other Users, search through contents, or embed Website-contents on their own webpages.

B) The Operator respects the Intellectual Property of third parties, the integrity of every individual personality as well as the protection of privacy, especially of those people disclose in contents that are published over this Website; the Operator requests its Users to do the same.

C) As long as the Operator of this Website does not offer paid content, all services provided on this Website are intended only for private and non-commercial use. By registering for this service, the User obligates himself to use it only for private purposes.

D) The Operator reserves the right to adjust the scope of the provided services at its own discretion and/or upon its Users’ requirements. If as a result of such adjustment one or several part(s) of these terms and conditions herein become invalid, inapplicable or irrelevant, the Operator will inform all Users prior to that.

3. Registration

A) In order to use all functions of this Website, you must first register yourself in order to become a member. Membership is free.

B) As a User, you are obligated to fill out all the fields of the application-form honestly and accurately. The registration can only be completed successfully if you have filled out all mandatory fields of the application form completely.

C) The Website can only be used by adults or by people who use it under their legal guardian’s approval.

D) The users are obligated to keep their password to themselves and not to pass it on to any other persons or to a third party. If the Users have knowledge of another person or third party being in possession of their password, they must inform the Operator of such immediately.

4. Storage of Contents, Responsibility and Forbidden Contents

A) The Operator provides storage space to the Users of this Website in order for them to upload contents, such as pictures, videos, and texts to it. For each type of content (e.g. video, pictures, texts) the provided storage space may be limited.

B) The User is alone responsible for the contents uploaded by him/her. Therefore, the User ensures that this content is either free of any legal rights (e.g. copyrights) or that the User possesses all necessary rights from the content-owner or author (especially the copyrights and rights to use included/displayed names or trademarks, etc.). Also, the User must not upload any material that would violate any legal regulations or laws, offend any other person(s) or third party(s), or that could be considered as inappropriate. In particular, the content must not be threatening, abusive, racist, violence-encouraging, defamatory, offensive, pornographic, or youth-endangering.

C) In addition to that, it is prohibited for the Users to publish content, that pursues commercial interests (especially Spamming), intends to spread or advertise political or ideological views (especially by means of symbols or signs representing such views) or that is meant to propagate a political or ideological objective (e.g. by collecting signatures, advocacy to express a certain opinion, conventions, etc.) in any other manner.

D) The User shall further take responsibility for all content, uploaded by him/her to this Website, being free of “viruses”, “worms”, “trojan horses”, or other malicious software that may jeopardize or impair the usability, function, or existence of this Website.

E) The Operator may deny, block or remove any contents that are in violation of any requirements specified in these terms and conditions at any time. The User has no right to insist of the publication of any uploaded content or to demand the re-publication of content that has been blocked or removed before. Besides the right to remove and/or delete such content, the Operator further reserves the right to hereby prevent the User from further using the Website and from making claims (especially compensation claims) against the Operator.

5. Permitted Duration to use the Service

A) The User may terminate his membership with this Website (by the cancelling his account) at any time.

B) The Operator is entitled to terminate a User’s right to use the services in case of:
- violation of any usage terms and conditions stipulated herein;
- a User’s failure to access the Website within a period of more than 6 months.

C) In either circumstance of termination of this usage license, the operator is entitled to delete any contents previously submitted by the User. Also, the User has no right to require the Operator to return any contents previously submitted by him/her.

D) In no regard to the conditions listed above, the Operator is entitled to permanently “take down” or disable the Website, terminate the entire service offered or part of the services at any time and without prior announcement. In this case, the User’s usage license and membership will end automatically.

6. Reservation of Rights

A) The User permits the Operator to use the submitted contents in order to provide the services related to this Website and grants the Operator all necessary rights for the contents free of charge. These rights include especially the right to make all content or part of it publicly available worldwide (via the Website or other means of communication), to reproduce and/or spread it, and to transmit it to a third party.

B) The User permits the Operator to use the submitted contents in order to provide the services related to this Website and grants the Operator all necessary rights for the contents free of charge. These rights include especially the right to make all content or part of it publicly available worldwide (via the Website or other means of communication), to reproduce and/or spread it, and to transmit it to a third party.

C) Since this website is a public and open community, the Users agree expressly to their contents being linked (reference or integration on external internet sites) by a third party. Also the purpose of the community stipulates that all contents shall be freely available for a third party and particularly can be used by a third party for its own purposes. The Users grant the Operator the right to sub-license and transmit the granted rights, respectively the related contents. The Operator does not claim ownership of these contents. Furthermore the Users alone are responsible for any contents submitted by them.

D) The User allows the Operator to further process submitted content, e.g. to adjust its format in order to make it useable on a website, or to improve the image quality.

E) The rights transferred by the user to the Operator expire once the User’s content has been completely removed from the Operator’s website.

F) The User herby declares to the Operator, that he owns all necessary rights of any submitted content, and that this content does neither violate the rights of any third party nor any legal regulations. If a third party claims damages against the Operator, saying the contents published on the Operator’s website violate their rights or violate any legal regulations, the User shall hold the Operator, its related businesses, as well as its representatives, employees, partners and executive assistants free from such claims; herein the User agrees to pay for any costs related to the Operator’s defense against such claims.

G) The Operator allows the User to use the services provided on the Operator’s website during the User’s membership, and therefore grants the User single and non-transferable usage rights.

7. Availability of Services

A) The User acknowledges that the Operator does not provide any warranty or guarantee for the availability of his website or the content submitted to it. The operator expressly reserves the right to fully or partly suspend this website (also without previous announcement) and to fully or partly limit the access to it.

B) It is not the Operator’s responsibility to guarantee that the users may access the provided services at any time and continuously.

8. Liability

A) The Operator is responsible only for damage caused by a deliberate or roughly negligent violation of contract or damage resulting from negligence of material contractual obligations. In the latter case, the liability of the Operator is limited to the damages typically foreseeable upon the contract’s conclusion. The Operator’s liability for damages to life, body and health as well as liability according to the product after-sale liability law remains unchanged. The aforementioned liability restrictions also apply to breaches of duty committed by the legal representatives and executive assistants of the Operator.

B) Claims for damages against the Operator expire within 12 months after their emergence. Claims based on a deliberate or malicious action are excluded, as well as claims related to liability according to the product after-sale liability law.

C) The aforementioned liability limitations also apply to businesses related to the Operator as well as to a personal liability of the employees, representatives, companies and executive assistants of the Operator and or businesses related to the Operator.

D) The Operator dissociates itself expressly from any content of those websites, directly or indirectly liked to by or on this website. The Operator does not take any liability to these contents and sites. For contents of these sites, the owners of the respective sites shall be responsible.

9. Violation of Terms and Conditions

If you feel, any contents submitted to this website by Users are in violation of the website’s usage terms or legal regulations, we ask you to get in contact with us by either using the address listed on this website’s contact page and providing us with the exact location (category…) of the specific content(s) or by using the “report this item” function, located underneath the medium’s display window.

10. Intellectual Property of Operator

The User acknowledges that all signs, marks and other intellectual rights, used or displayed on this website, exclusively belong to the Operator and/or their legal owners and shall not be used without the prior written approval from the Operator and/or its legal owners. Also, no parts of this website shall be copied, decompiled or changed in any way.

11. Privacy Protection

The operation and usage of this website are carried out in accordance with the Operator’s Privacy Statement, which you hereby take into acknowledgement.

12. General Terms

A) These usage conditions and the entire legal relation between the Operator and the Users are subjected to the jurisdiction of the Federal Republic of Germany, under exclusion of the UN-Purchasing Regulations. Place of business is the premise and/or domicile of the Operator (as indicated on this website’s contact page). As long this is permitted, the area of jurisdiction is agreed upon being the premise and/or domicile of the operator (as indicated on this website’s contact page).

B) In case any part of these terms is not valid, this does not affect the other (remaining) parts of these terms. Ineffective, invalid or futile regulations (if any) will be replaced by such regulations, which's meaning and contents are similar the most to the economical intentions of the original ones; the same applies to possible gaps of these terms (if any).

Munich, 15th of March 2007