Terms & Conditions of Use governing usage of HafenCity film database of HafenCity Hamburg GmbH

  1. Application of General Terms & Conditions of Use
    1. The User shall be granted the right to download and use all video content contained in HafenCity database solely in conformity with these General Terms & Conditions of Use.
    2. These General Terms & Conditions of Use shall apply to every future electronic retrieval from the film database, to all future downloads of video content from the film database, and to the use of such video content from the film database.
    3. None of the database Userís general terms and conditions of business shall be recognized, even if they do not conflict with these Terms & Conditions. This shall apply even if HafenCity Hamburg GmbH does not expressly disagree with them.
    4. Any agreements which conflict with these General Terms & Conditions of Use shall only be valid if they are the subject of prior express written agreement between HafenCity Hamburg GmbH and the User. This requirement of written form may only be amended or abrogated in writing.
    5. HafenCity Hamburg GmbH shall decide at its own discretion whether, by enablement, it will grant the User the right to enter access-protected areas of the film database to download video content and to use it. HafenCity Hamburg GmbH may refuse this without giving reasons. Should HafenCity Hamburg GmbH agree to enable the User, it shall inform the User by email of this enablement. He will then be able to log into the access-protected area of the film database, using his user name and password. He may then log into the link supplied and retrieve material for seven days.
  2. Rights of use and Userís obligations
    1. The User shall be entitled to download and/or use video content contained in the film database only for journalistic, scientific or academic purposes, or for foundations or government authorities connected with HafenCity.
    2. Downloading or using video material for purposes other than those set out in Section II.1. is prohibited. In particular, use for political, advertising, libelous, defamatory, racist, pornographic or illegal purposes is prohibited. Nor shall the said video content be passed on in a context which distorts its true sense. Every download and every usage for purposes other than those set out in Section II.1. is subject to payment and requires the explicit written consent of the copyright holder.
    3. All rights to video content contained in the film database shall remain the property of the copyright holder concerned.
    4. The User shall not be entitled to alter video material. The User shall be responsible for its text.
    5. The User is obliged to identify video content clearly and unmistakably, every time it is used, with the copyright holder as detailed in the film database.
    6. In downloading video material from film database and in using this said video content, the User shall is obliged to abide by statutory regulations.
    7. Entitlement to access restricted areas of the film database, the right to download video material, and the right to use it, shall be granted only to the User personally. The User must keep his username and password confidential and neither supply nor transmit it to third parties. Consequently third parties may not log into the access-restricted area of the film database with the Userís link. The User shall be liable for every misuse, unless he can show that no culpability was involved in enabling such improper use by third parties. The User may not pass on downloaded video to Third Parties without prior written agreement by HafenCity Hamburg GmbH.
    8. Enablement of entitlement to access restricted areas of the film database, permission to download the video material, and permission to use the material from the film database in accordance with the provisions of these General Terms & Conditions of Use, shall be free of charge.
    9. Each time content downloaded from the film database is used, one reference copy each must be sent immediately to HafenCity Hamburg GmbH and the copyright holder, unsolicited and free of charge.
  3. Liability of User
    1. The User shall be liable for any damages, loss, expenses and costs (including legal fees) incurred by HafenCity Hamburg GmbH from failure to observe these General Terms & Conditions of Use.
    2. Should claims be brought against HafenCity Hamburg GmbH through use of video material not in accordance with these General Terms & Conditions of Use, the User shall release HafenCity Hamburg GmbH on first demand from all claims by third parties. This shall not apply insofar as the User can prove that he is not culpable for said use in contravention of these General Terms & Conditions of Use.
  4. Exclusion of guarantee by HafenCity Hamburg GmbH
    1. Provision of the film database is a complementary service supplied by HafenCity Hamburg GmbH, for which any guarantee by HafenCity Hamburg GmbH is hereby excluded.
    2. Use of the database shall be at the Userís own risk. Liability by HafenCity Hamburg GmbH for pecuniary loss or damage to property, or for damages of any other kind, is hereby excluded, unless HafenCity Hamburg GmbH is in gross breach of negligence in its own business. The burden of proof for such breach shall be upon the User.
    3. In particular, HafenCity Hamburg GmbH shall not be liable for damages, loss or costs of whatever kind incurred by the User through accessing the restricted area of the film database, through downloading video material from the film database, or through use of material.
    4. Nor in particular shall HafenCity Hamburg GmbH be liable for the suitability of the video content for a particular purpose or for invasion of personal privacy, infringement of copyright or brand trademarks, or for infringement of other property rights of third parties.
  5. Ending of rights of use
    1. HafenCity Hamburg GmbH is entitled to revoke the Userís access entitlement to the film database and to block access at any time without reason. Enablement of User, or the fact of his use, shall not signify grounds for any claim by the User.
    2. HafenCity Hamburg GmbH shall further be entitled, at any time and without reason, to withdraw the right of use to content already downloaded, with immediate effect. In this case the User must immediately delete or destroy any content already downloaded. The User shall be liable for any contraventions.
  6. Storage of Userís data
    1. The User hereby agrees that personal data (name, address, telephone number, email address, username and password) passed to HafenCity Hamburg GmbH for purposes of enablement shall be stored. The data shall not be passed on to Third Parties, unless such transmission to Third Parties serves the prosecution of claims against the User, should the latter have infringed these General Terms & Conditions of Use.
    2. The User hereby declares his agreement for HafenCity Hamburg GmbH to store all data showing which video material the User has downloaded from the film database and through which channel.
    3. The User hereby further declares his agreement for HafenCity Hamburg GmbH to contact him by telephone or email, to ask the reason or specific purpose for which the User has downloaded video material.
  7. Deletion of stored data and expiry of access entitlement
    1. The link to the film database expires seven days after allocation.
    2. On expiry, the User may apply to register again at any time.
  8. Userís right of revocation
    1. The User may revoke his permission at any time for storage of his data under Sections VI.1. and 2. and his permission to contact him under Section VI.3.; such revocation to be in writing (including email or fax).
    2. Should he so revoke his permission, HafenCity Hamburg GmbH will block the Userís access facilities to the film database. The user may then no longer use content already downloaded but is obliged to delete or destroy this content immediately. Section VII. shall apply correspondingly.
  9. Concluding provisions
    1. The User shall inform HafenCity Hamburg GmbH immediately and in writing of any alteration to data which he has passed on to HafenCity Hamburg GmbH.
    2. All legal relations between HafenCity Hamburg GmbH and the User shall be subject to the law of the Federal Republic of Germany. This shall apply irrespective of the location from which the User opens the film database, the location from which he downloads video material, or the location at which he uses the said material.
    3. The place of jurisdiction shall be Hamburg if the User is a trader, legal entity under public law, or special fund under public law, or is if he has no general place of jurisdiction in Germany.
    4. Should one or more of the foregoing provisions in these General Terms & Conditions of Use be or become invalid, either wholly or in part, this shall not affect the validity of the remaining provisions. In such case the Parties shall replace the ineffective provision by an effective provision which shall reflect the intended purpose of the ineffective condition as well as possible.
    5. By clicking on ďI accept these General Terms & Conditions of UseĒ in the HafenCity Hamburg GmbH film database, the User accepts these General Terms & Conditions of Use.