The previous acknowledgment of the following rules is essential by the user before using the services of tuneHD.net, in particular to upload own content.
§ 1 Objectives of Contract, Definitions
(1) Imagion AG, located at Auf der Geig 5, 54311 Trierweiler, Germany (hereinafter called "supplier") is a supplier of an online communication platform at http://www.tuneHD.net. The platform, its content und services are connected with physical supporting media (HD DVD or Blu-ray) and are available to the general public at no cost, for the exchange of private information (hereinafter called "community").
(4) Objective of contract is the private usage of the offered services and features at the supplier’s webpage, in particular the upload and download of user generated content directly via the webpage and/or by using any supporting media devise (HD DVD / Blu-ray player). The exact range of benefits depends on the represented description of offer on the webpage at the time of the contract conclusion.
(5) A general claim of usage of the supplier’s service does not exist. The supplier reserves the right to refuse the conclusion of a contract with a user without the indication of any reasons.
(6) The services offered by the supplier are free of any charge. The supplier reserves the right to sell advertising areas – without any restrictions – on the webpage in terms of refinancing purposes.
§ 2 Contract Period
(1) The licence agreement is not limited in time. It can be recalled in writing (by email, fax, printing) by both parties at any time by attending a respite of seven (7) days.
§ 3 Content Upload, Right of Use, Editing
(1) Each user has to bear responsibility, that only content will be uploaded (photos, texts, videos etc.) which does not infringe any right of use.
(2) The user confers the right of use of the content to the supplier in a gratuitous, regionally and temporally non-limited, conferrable and non-revocable manner for any kind of online and/or offline usage – today’s unknown exploitation methods included.
(3) The supplier reserves the right, to edit the uploaded content to guaranty a technically safe, consistent and convenient service of the platform to the open public at any time, especially the right of shortening content in terms of editorial causes. The user does formally agree to the aforementioned manner of editing.
§ 4 Content Liability
(1) The supplier is not accountable for the accuracy, quality, integrity, reliability, kind and/or credibility of the content uploaded by users. The published content does not express the opinion of the supplier in any kind and the supplier does not adopt this content as one's own.
(2) Service suppliers are not bound to supervise or to search the submitted data of third parties for indications that point to an unlawful action without a concrete evidence according to the applicable legal requirements of the TMG (Telemediengesetz). A liability for content of third parties is only possible, if the supplier has been notified of unlawful actions in advance or has taken no actions to delete or ban specific content right after the supplier got notice of the unlawful actions.
(3) The supplier will block or delete unlawfully content right after notice of correlating infringements through a third party. The supplier will furthermore induce actions to prevent any kind of such infringements in the future.
§ 5 Banned Content
(1) The user does commit to omit any kind of diffusion of illegal content. The user does ensure, that he will upload no content which diffusion will offend against applicable law or affect third party rights.
(2) In particular (enumeration is not concluding):
• Pornographic content or content which might be harmful to minors
• Illegal or unlawful content includes content that is immoral or offensive, or which contradicts general ethics, or which infringes on the intellectual property, commercial or other industrial property rights of third parties, particularly copyrights and trademark rights as well as general personal rights
• Inciting content or content which illustrates unlawful statements of e. g. unconstitutional organisations
• Impertinent criticism or indignities
• Any advertising for illegal content e. g. software cracks, serial numbers, download sources and/or instructions for the usage of illegal software
• Executable programs, which contain viruses and/or Trojans
(3) The upload of advertising media – whatsoever – is only allowed after former and explicit approval of the supplier.
§ 6 Content Blocking, User Exclusion
(3) As far as a user has been ban it is not allowed to reregister again – irrespective under what name it might happen.
(4) The feasibility of a criminal prosecution will stay remain unaffected. The supplier is forced to forward information to the court of justice and other law enforcement agencies in terms of law enforcement within the bounds of the existing statutory provisions.
§ 7 Third Party Relationships/ Links
The range of services on this webpage, HD DVD or Blu-ray Disc may contain links to sites of third parties. These links are provided merely to assist the user and to make the usage more convenient. These sites are independent of the holder of copyright or publisher. The holder of copyright or publisher does not and cannot control the content and or representations of such sites. The information presented on these links may not necessarily reflect those beliefs held by the holder of copyright or publisher. The inclusion of a link does not mean that the holder of copyright or publisher accepts or endorses any of the content contained in such site or service. The user is responsible to protect himself/ herself while associating with the linked site or service. The holder of copyright or publisher, and its officers, directors, affiliates, employees, agents, partners, contractors and subsidiaries disclaim any and all responsibility/ liability for content contained on such linked sites or services and will not be held accountable for any damages, of any kind, incurred by those who visit such sites.
§ 8 Indemnity
(1) The user has the liability to be supportive in terms of defending claims towards the supplier, which third parties might claim against the supplier based on content uploaded by the user, in particular by providing essential defending information to the supplier.
(2) The user is bound to substitute all expenses of the supplier which result from claims of third parties according to any unlawful actions by the user. The indemnifiability will occur, if the user is accountable for the unlawful action that causes the claim of third parties.
§ 9 Privacy
§ 10 Applicable Law, Place of Jurisdiction
(2) The sole place of jurisdiction for all disputes arising from or related to this contact is Trier, Germany, provided the user is a registered trader, commercial merchant, legal public entity or insofar as the user does not have a court of jurisdiction in the Federal Republic of Germany.
§ 11 Final Clause
We are collecting, processing and using personal data only as far as it is necessary to meet the legal stipulations to justify our contract. Personal data in reference to consumer behaviour are collected, processed and used only as far as it is necessary to guarantee a clean and error free usage of our services to every user or to balance open accounts.
We are forwarding your personal data to third parties only in the narrow context of a smooth implementation of our contract and/or services offered by tuneHD.net. A further disclosure of information will only happen if you have given your explicit agreement. A disclosure of information to third parties without your explicit agreement – e. g. for advertising purposes – does not take place.
Data Processing on our Webpage
We automatically collect and save data within Log files, which your browser or player is transferring while corresponding with our technical devices. These are:
• Browser type/ Browser version/ Player type/ Player version
• Operating system
• Referrer URL
• Hostname of the accessing computer (IP address)
• Clock time of the server inquiry
Above mentioned information are not classifiable to a specific person. A consolidation of this information with other data does not take place.
On the webpage cookies are used partly to make our service more convenient, effective and secure. Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your web browser to enable our systems to recognize your browser. Most of the used cookies are so called “session cookies”. This type of cookie will be automatically deleted right after you concluded your visit. Cookies do not harm or damage your computer system and do not contain any viruses.
To receive the offered newsletter on our webpage, you need to submit your email address as well as information that do allow us to indemnify you as the real owner of the indicated email address. Further information will not be collected. You can recall your agreement for saving personal data, your email address as well as information needed for the transmission of the newsletter at any time.
Right of Access to Personal Data