The helloTVcontent General Terms of Service
The following General Terms of Service ("GTS") shall apply for all agreements governing the use of the internet platform www.helloTVcontent.com (the “Platform”) between setONE GmbH, having its registered office at Weyerstraßerweg 159, 50969 Cologne, Germany ( “helloTVcontent”) and companies ("Customers"), such as television/broadcasting stations or internet platforms that wishes to broadcast the content, offered by helloTVcontent on its Platform:
|1.1||On the Platform, that may also be accessed via the top-level-domains hellosports.com, hellocountries.com etc., helloTVcontent offers royalty-free television content (“Content”) created and owned by third parties (“Content Provider”) in broadcasting quality to Customers. Content may be downloaded by Customer via internet. The use of Content is limited to registered Customers who may use it in accordance with this GTS and additional License Terms and Conditions (“LTC”), which are provided on the platform for each single item of Content. If helloTVcontent offers a delivery of Content other than by download (e.g. delivery of tape or DVD), all provisions of the GTS shall apply analogously.|
|1.2||The following GTS shall exclusively apply to all business relations between helloTVcontent and its Customers. Any deviating terms and conditions of Customers are not accepted unless helloTVcontent explicitly consents to validity thereof in writing.|
|1.3||helloTVcontent reserves the right to modify these GTS at any time and without indicating the reason for such modification. The modified GTS shall be sent to the Customer in advance via email. If the Customer does not deny the modifications of the GTS within a period of four weeks, they are deemed to be accepted. If the Customer denies such modifications, helloTVcontent may close Customers account after prior announcement of this legal consequence.|
|2.||Customers eligibility, Registration, Downloads|
|2.1||Generally Customers may use the Content for their editorial program only. Users who use the Content on behalf of Customer confirm that they have the legal authority to register and enter into these GTS and each single license agreement on behalf of the Customer.|
|2.2||A Customer may register for several user accounts for its personnel. The Customer is obligated to provide complete and truthful information in the sections provided on the registration form. Customer shall be liable without restriction for loss or damage resulting from an incomplete or untruthful registration. helloTVcontent is entitled to verify Customer’s details on a random basis. Customers are obliged to update their registration data to helloTVcontent by sending an email to customersupport@helloTVcontent.com.|
|2.3||Customer may send the completed registration form to helloTVcontent by clicking "Set up Customers account" by that he submits a legally binding application for concluding a service agreement for the Platform. The application can only be submitted and transferred, if the Customer indicates his acceptance of these GTS by clicking the button "Accept General Terms of Service", thus incorporating said conditions in his application.|
|2.4||After receiving the application, helloTVcontent sends an automated reply by email to the Customer, which contains the password for the user account and these GTS to be printed out by clicking the "Print" function. The automated reply only documents that Customer’s application has been received by helloTVcontent and does not represent acceptance of the application. The agreement has been brought about once helloTVcontent has declared its acceptance sent via separate email.|
|2.5||The right of Customer to use a helloTVcontent account is not transferable. Customer is responsible for the confidentiality of the account data (username, password).|
|2.6||By each downloading or order of an item of Content, Customer accepts the additional LTC of such Content concerning the rights of using it (e.g. period, territory, broadcast on TV or Internet etc.). Such download can only be made if Customer indicates its acceptance of these LTC by clicking the button "Accept additional License Terms and Conditions", thus incorporating said conditions in its download order.|
|2.7||Customer agrees to the publication of his company or trade name as a registered member of the Platform and consents that helloTVcontent may inform Content Provider about downloads made by Customer.|
|3.||General Permitted Use of Royalty-Free Content|
|3.1||helloTVcontent generally grants licences to Customers as follows:
|3.2||Content Provider reserves all rights, title and interest in its Content. Customer may not remove copyright or other intellectual property notices contained in Content. If listed in the LTC, credits of third parties, such as Content Provider, have to be included, when broadcasting the Content.|
|4.||Promotion of TV-Magazines and other Video Material
helloTVcontent promotes also certain TV magazines or other video material on the Platform that can not be downloaded. This material is generally not royalty free and may be licensed from third parties. To get in contact with the licensor, Customer may send an email, which shall be forwarded to the licensor by helloTVcontent. Customer agrees that helloTVcontent may inform the licensor about Customer’s interest in licensing and may provide the licensor with Customer’s company data, so that the licensor is able to get in contact with the Customer.
|5.||Accessibility of the Platform, No Warranty
helloTVcontent strives to ensure that the Platform functions properly at all times. However, it does not guarantee uninterrupted access, is not liable for transmission downtimes due to technical reasons and provides Content and the service “as is” and without any warranty, express or implied.
|6.||Limitation of Liability|
|6.1||Damage claims on the part of Customer are excluded. The exclusion does not extend to damage claims asserted by Customer arising from death or injury to body or health or infringement of essential contractual obligations (cardinal obligations) as well as the liability for other loss or damage caused by a premeditated or grossly negligent contractual infringement on the part of helloTVcontent, his legal representatives or vicarious agents. Essential contractual obligations are those which must be met to achieve the goal intended by the agreement.|
|6.2||In the event of infringement of essential contractual obligations, helloTVcontent shall only be liable for contractually typical, foreseeable loss or damage if the infringement was due to ordinary negligence unless it is a case of damage claims asserted by Customer arising from death or injury to body or health.|
|6.3||The restrictions as set forth under section 6.1 and 6.2 shall also apply to the benefit of helloTVcontent legal representatives and vicarious agents if claims are asserted against them directly.|
Customer acknowledges that helloTVcontent may collect and process personal direct information such as name, phone number, email address and mailing address, and as well as indirect information such as cookies, connection and system information. Further details are provided in the privacy statement that may be printed out from the Platform.
The Customer and helloTVcontent may terminate the service agreement under this GTS and close accounts of Customer immediately at any time without providing reasons for said termination. Such termination shall not effect existing license agreements that may only be terminated for cause without notice period.
|9.||Merger or Acquisition, Final provisions|
|9.1||In the event of merger, sale or reorganisation of helloTVcontent, helloTVcontent may transfer the Customer’s account and all its personal registration data to a third party that is party of such transaction.|
|9.2||If any provision of this agreement shall be or become invalid, then this shall not affect the validity of the other provisions. In lieu of the invalid provision such regulation shall apply that shall to the closest extent possible reflect the purpose of the agreement and the intention of the parties hereto as at the date of the conclusion of this agreement. The same shall apply to any unintentional regulatory gaps.|
|9.3||Any changes or supplements to this agreement including this written form clause shall not be valid unless made in writing form.|
|9.4||This agreement shall be exclusively governed by German Law. All disputes arising from or in conjunction with this agreement shall be referred to the courts of Cologne, Germany.|