General Terms and Conditions

Preamble

The following General Terms and Conditions ("GTC") regulate the conditions for the upload of users' own films and greetings to www.24hberlin.tv so that other users can rate them.

When registering under www.24hberlin.tv, the user expressly agrees to these GTC and concludes this licence agreement with the operators of www.24hberlin.tv, zero one Film GmbH and Triad Berlin Projektgesellschaft mbH, c/o Lehrter Strasse 57, 10557 Berlin.

"24h Berlin" designates the use option offered under www.24hberlin.tv and/or the operators of the website zero one Film GmbH and Triad Berlin Projektgesellschaft mbH.

These GTC can be viewed, printed and downloaded and/or saved at all times, even after conclusion of the agreement, under the link "GTC" available on 24hBerlin.

1. Subject of the Agreement

1.1.
On September 5, 2008, 80 camera crews will shoot footage in Berlin for the multimedia film and television project "24h Berlin" – from 6 a.m. until 6 am, 24 hours. Apart from the professional film crews, all people in the capital have the opportunity to become a part of this documentary programme – they are called for shooting their own personal video diary on this day. Everyone can take part and film her/his life in Berlin – for 24 hours or only a short moment.

24h Berlin enables the registered users to upload their films shot in this connection on September 5/6, 2008 – from 6 a.m. until 6 a.m. – to their user account 24h Berlin and to have their films viewed and rated by all visitors to the website. Apart from that, registered users may record greetings to Berlin and also upload this recording to their user account 24hBerlin to be freely accessible to all visitors to the website. The films uploaded to 24hBerlin will in the following jointly be referred to as "Contents".

1.2
The use of 24h Berlin is free of charge, the user has no claim for upload of the Contents to 24h Berlin.

2. Registration

2.1
Entitled to participate are only users who are legally competent.

2.2
If the user is older than 7 years but younger than 18 years, she/he is only entitled to participate if she/he acts with the consent of her/his legal guardian.

2.3
The user is obliged to give true, exact, current and complete information according to the specifications of the registration form and to keep her/his data in the member account current and correct at all times. If the data of the user change after registration, she/he is obliged to notify these changes without delay to 24hBerlin by sending an e-mail to: online@24hberlin.tv

2.4
Legal declarations (e.g. confirmation e-mail, changes of the GTC) can be made via e-mail.

2.5
The member account is not transferable or inheritable. The user is moreover not entitled to allow third parties access to his member account or to upload contents of third parties to 24h Berlin. The user has full responsibility for all activities exercised via her/his member account. She/he therefore also has to keep her/his password secret and has to inform 24h Berlin without delay if she/he learns that unauthorized third parties gained knowledge of the password. If as a consequence of the user's fault third parties use services of 24h Berlin by using the passwords, the user herself/himself is liable for the damage suffered by 24h Berlin.

2.6
In order to register for 24h Berlin, the user has to click the button "video upload" which opens a page containing an upload form. On this form, the user provides her/his personal data. After express acceptance of these conditions of use, the user may transmit the Contents to 24h Berlin. The user will then receive an e-mail from 24h Berlin whose receipt the user again has to confirm by clicking the link contained in the e-mail (in the following "Confirmation"). The Confirmation brings about the conclusion of an agreement between 24h Berlin and the user about the publication of the Contents on the basis of these conditions of use (in the following "Licence Agreement") and the user declares that she/he agrees to the activation of the Contents on 24h Berlin. In the Confirmation, the user also receives a temporary password which he has to change when logging in for the first time. As soon as the video, if need be after technical conversion, is made publicly available, the user receives another e-mail notifying her/him of the URL of her/his video. 24hBerlin is entitled to refuse to make Contents publicly available without having to state any reasons for this. There is no claim for the conclusion of the Licence Agreement.

3. Upload of Contents

3.1
The respective user is exclusively and without limitations responsible for all Contents stored, published on or transmitted to the website by this user; this applies for Contents created by the user herself/himself as well as for Contents acquired by the user from other sources.
It is prohibited to provide Contents protected under copyright, trademark, moral rights laws or otherwise protected for public availability on 24h Berlin without first obtaining the written consent from the holder of these rights. Furthermore, it is prohibited to upload Contents which are of a pornographic nature, glorify violence or are otherwise liable to corrupt young people or violate statutory provisions in any other manner. A claim for publication of Contents by 24h Berlin does not exist.

3.2
24h Berlin does in principle not control Contents stored, published and/or transmitted by users via the services of 24h Berlin. However, 24h Berlin reserves the right to reject, block or delete Contents accessible via 24h Berlin with immediate effect without stating any reasons for doing so if such Contents violate these GTC, any statutory provisions or any third parties' rights and/or if a corresponding violation is suspected.

3.3
The user herewith grants 24h Berlin the right to make the Contents uploaded to 24h Berlin available to the public on 24h Berlin without limitations as far as territories are concerned and to put them into a database for this purpose. The right is in principle granted for an indefinite period of time, but expires upon termination of the agreement (cf. No. 6).

3.4
The user guarantees 24h Berlin that she/he holds all rights required with regard to the Contents uploaded by her/him to 24h Berlin and that she/he does not violate any third parties' rights whatsoever, any statutory provisions and also not the regulations of these GTC. For the event that the user breaches this guarantee, she/he indemnifies 24h Berlin against any claims and entitlements asserted by third parties on the basis of or in connection with Contents uploaded by the user. This also applies for reasonable lawyers' fees.

3.5
The user is responsible that the Contents uploaded by her/him to 24h Berlin are free from viruses, worms, trojans or other programmes which could endanger or impair the functionality or the continued existence of 24h Berlin or of the websites of the users.

3.6
The user guarantees 24h Berlin that the entire film footage for the Contents uploaded by her/him to 24h Berlin was exclusively shot during the period of time from September 5, 2008, 6 a.m. and September 6, 2008, 6 a.m.

4. Exclusion of Warranty

4.1.
The use of 24h Berlin is made at the user's own risk. 24h Berlin is offered to the user in the encountered form and availability. 24h Berlin does not warrant that 24h Berlin will be available at any time without interruptions, updated, in good time, secure and fault-free or is suitable for the use for certain purposes or to achieve certain results.

4.2
24h Berlin does not assume any warranty that the Contents on 24h Berlin or on linked other sites are correct or complete. The Contents of the users do not reflect the opinion or approach to life of 24h Berlin.

5. Liability and Limitation of Liability

5.1
A liability of 24h Berlin exclusively exists within the framework of Nos. 5.2 to 5.5. The following liability provisions apply for any claims, irrespective of their legal ground.

5.2
24h Berlin is liable to the user without limitation for damages caused by it or one of its vicarious agents or legal representatives with intent or gross negligence. In case of damages resulting from injury to life, limb or health, the liability is unlimited as far as its amount is concerned even in case of a simple breach of duty by 24h Berlin or one of its legal representatives or vicarious agents. Likewise unlimited as far as the amount is concerned is the liability for damages resulting from grave organisational fault of 24h Berlin as well as for damages caused by the lack of a guaranteed quality.

5.3
Insofar as No. 5.2 is not applicable, in case of a breach of essential contractual duties, the amount 24h Berlin is liable for is limited to the foreseeable damage typical for this type of contract.

5.4
Claims of the user based on an injury to life, limb, health or freedom, come under the statute of limitations without consideration to their origin and the knowledge or gross negligent ignorance five years after the committal of the act, of the breach of duty or the occurrence of any other event triggering the damage. Other claims of the user not resulting from warranty, fraudulent misrepresentation or intentional act, come under the statute of limitations after six months.

5.5
Insofar as the liability of 24h Berlin is excluded, this also applies for companies affiliated with 24h Berlin as well as for a personal liability of the executives, employees, staff, representatives, shareholders and vicarious agents of 24h Berlin and/or of companies affiliated with 24h Berlin.

5.6
A liability under the Product Liability Act remains unaffected by the above liability regulations.

6. Termination of the Licence Agreement

6.1
The user is entitled at all times to give notice of termination of the Licence Agreement by deleting her/his user account on 24h Berlin.

6.2.
24h Berlin is entitled at all times to give notice of termination of the Licence Agreement, observing a notice period of 14 days.

6.3.
Apart from that, after unsuccessful caution 24h Berlin is entitled to terminate the Licence Agreement without notice for good cause; a caution is dispensable if the trust has been disrupted (e.g. by the user giving false personal data, upload of Contents violating third parties' rights) so gravely that an immediate termination of the agreement appears to be justified.

6.4 In the event of a notice of termination, 24h Berlin will immediately block or delete the user account of the user and all information and Contents and/or prevent any further access to such information and Contents.

7. Data Protection

24h Berlin collects, processes and uses personal data of the user. Additional information concerning data processing and data protection can be seen from the Privacy Notice of 24h Berlin. This can be viewed at: Privacy Notice.

8. Violation of Copyrights, Ancillary Copyrights, Trademark and Moral Rights

If you believe that any contents constitute a violation of rights, you can notify this by sending an e-mail to online@24hberlin.tv. Likewise, holders of rights who believe that their rights are violated by contents of users published on the website or in any other manner can notify this by sending an e-mail to online@24hberlin.tv. In this connection the notifications should contain the following information:

1. A description of the rights believed to have been violated;
2. statement of the contents believed to violate any rights;
3. the address, telephone number and e-mail address where the person making the notification can be contacted;
4. a declaration by the person making the notification that she/he assumes to the best of her/his knowledge and in good faith that the use queried has not been authorized by the holder of the rights or is not legally admissible.

9. Applicable Law, Place of Performance, Place of Jurisdiction

9.1
German law under exclusion of the UN Sales Convention is applicable.

9.2
Place of performance and exclusive place of jurisdiction is Berlin, insofar as legally admissible.

9.3
There are no oral collateral agreements. Changes of the contractual terms require the written form.

9.4
Should individual contractual provisions be or become ineffective in whole or in part, the remaining agreement remains in effect. In the event of such an ineffectiveness, the contracting partners will agree on a legally effective substitute regulation which corresponds as closely as possible to the economic intent of the ineffective regulation. The same applies in case of a regulation gap.