Legal Terms of Service – Last Revised May 18, 2018
PLEASE READ THESE TERMS OF SERVICE AND THE PRIVACY STATEMENT CAREFULLY BEFORE USING THIS WEB SITE
TV Alliance GmbH
This site is owned and operated by TV Alliance GmbH (“TV Alliance GmbH”). These terms of service (the “Terms of Service” or “TOS”) apply to and govern your, and any authorized user of your account, use of this site or the TV Alliance GmbH Forums (as hereinafter defined, and, collectively referred to as the “Site”). Your use of the Site signifies your agreement to be bound by these Terms of Service. If you do not agree to be bound by these Terms of Service, you may not access or otherwise use the Site. Before using the Site, please review the TV Alliance GmbH Privacy Statement (the “Privacy Statement”).
License to the site
TV Alliance GmbH grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials thereon for your personal use only, provided that you comply fully with this TOS. You shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of this TOS.
Changes to Site and/or Terms and Conditions of Service
TV Alliance GmbH reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Site or this TOS, in whole or in part, at any time. Changes to this TOS will be effective when posted. You agree to review this TOS periodically to be aware of any changes. Your continued use of the Site after any changes to this TOS are posted will be considered acceptance of those changes.
Trademarks, Copyrights & Restrictions
Except as otherwise provided herein, you may not reproduce, perform, create derivative works from, republish, upload, edit, post, transmit, or distribute in any way whatsoever, any materials from this Site or any other web site owned or operated by TV Alliance GmbH (the “Site Materials”) without the prior written permission of TV Alliance GmbH. However, you may download or make one copy of the Site Materials, and other downloadable items displayed on the Site, for personal, non-commercial home use only, provided all copyright and other notices contained in the Site Materials are left intact. Any modification of the Site Materials, or any portion thereof, or use of the Site Materials for any other purpose constitutes an infringement of TV Alliance GmbH’s copyrights and other proprietary rights. Use of the Site Materials on any other web site or other networked computer environment is prohibited without prior written permission from TV Alliance GmbH.
From time to time, and at its sole discretion, TV Alliance GmbH may make available to users certain software that may be downloaded from this Site. In the event you download software from this Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by TV Alliance GmbH. TV Alliance GmbH does not transfer title to the Software to you. You own the medium on which the Software is recorded, but TV Alliance GmbH retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
TV Alliance is pleased to review your projects. If you submit us documents, ideas, treatments, exposés, or other materials of your project(s), you hereby accept irrevocably the following conditions at the moment of submission: You acknowledge that because of our position in the television industry we receive numerous unsolicited submissions of ideas, formats, stories, suggestions and the like and that many such submissions received by us are similar to or identical to those developed by us or our employees or otherwise available to us. You agree that you will not be entitled to any compensation because of the use by us of any such similar or identical material. You further understand that we would refuse to accept and evaluate said material in the absence of your acceptance of each and all of the provisions of this covenant. You shall retain all rights to submit this or similar material to persons other than us. You acknowledge that no fiduciary or confidential relationship now exists between you and us, and you further acknowledge that no such relationships are established between you and us by reason of this covenant or by reason of your submission to us of said material. You request that we read and evaluate said material with a view to deciding whether we will undertake to acquire it. You represent and warrant that you are the author of said material, having acquired said material as the employer-for-hire of all writers thereof; that you are the present and sole owner of all right, title and interest in and to said material; that you have the exclusive, unconditional right and authority to submit and/or convey said material to us upon the terms and conditions set forth herein; that no third party is entitled to any payment or other consideration as a condition of the exploitation of said material. You agree to indemnify us from and against any and all claims, expenses, losses, or liabilities (including, without limitation, reasonable attorneys’ fees and punitive damages) that may be asserted against us or incurred by us at any time in connection with said material, or any use thereof, including without limitation those arising from any breach of the warranties and promises given by you herein.
We may use without any obligation or payment to you any of said material which is not protectable as literary property under the laws of plagiarism, or which a third person would be free to use if the material had not been submitted to him or had not been the subject of any agreement with him, or which is in the public domain. Any of said material which, in accordance with the preceding sentence, we are entitled to use without obligation to you is hereinafter referred to as “unprotected material.” If all or any part of said material does not fall in the category of unprotected material it is hereinafter referred to as “protected material.” We agree that if we use or cause to be used any protected material provided it has not been obtained from, or independently created by, another source, we will pay or cause to be paid to you an amount which is comparable to the compensation customarily paid for similar material. You agree to give us written notice by registered mail of any claim arising in connection with said material or arising in connection with this covenant, within 60 calendar days after you acquire knowledge of such claim, or of our breach or failure to perform the provisions of this covenant, or if it be sooner, within 60 calendar days after you acquire knowledge of facts sufficient to put you on notice of any such claim, or breach or failure to perform; your failure to so give you written notice will be deemed an irrevocable waiver of any rights you might otherwise have with respect to such claim, breach or failure to perform.
We shall have 60 calendar days after receipt of said notice of attempt to cure any alleged breach or failure to perform prior to the time that you may file a Demand for Arbitration. In the event of any dispute concerning said material or concerning any claim of any kind or nature arising in connection with said material or arising in connection with this covenant, such dispute will be submitted to binding arbitration. Each party hereby waives any and all rights and benefits which he or it may otherwise have or be entitled to under the laws of the State of Germany to litigate any such dispute in court, it being the intention of the parties to arbitrate all such disputes. Either party may commence arbitration proceedings by giving the other party written notice thereof by registered mail. The arbitration shall be conducted in Germany, and shall be governed by and subject to the laws of the Federal Republic of Germany. The arbitrators’ award shall be final and binding and a judgment upon the award may be enforced by any court of competent jurisdiction. You have retained at least one copy of said material, and you release us from any and all liability for loss or other damage to the copies of said material submitted to us hereunder. Either party to this covenant may assign or license its or their rights hereunder, but such assignment or license shall not relieve such party of its or their obligations hereunder. This covenant shall inure to the benefit of the parties hereto and their heirs, successors, representatives, assigns and licensees, and any such heir, successor, representative, assign or licensee shall be deemed a third party beneficiary under this covenant. You hereby acknowledge and agree that there are no prior or contemporaneous oral covenants in effect between us and you pertaining to said material, or pertaining to any material (including, but not limited to, covenants pertaining to the submission by me of any ideas, formats, plots, characters, or the like). You further agree that no other obligations exist or shall exist or be deemed to exist unless and until a formal written covenant has been prepared and entered into by both us and you, and then our and your rights and obligations shall be only such as are expressed in said formal written covenant.
You understand that whenever the word “we” or “our” is used above, it refers to (1) you, (2) any company affiliated with us by way of common stock ownership or otherwise, (3) our subsidiaries, (4) subsidiaries of such affiliated companies, (5) any firm, person or corporation to whom we are leasing production facilities, (6) clients of any subsidiary or affiliated company of ours, and (7) the officers, agents, servants, employees, stockholders, clients, successors and assigns of us, and of all such person, corporations referred to in (1) through (6) hereof. If said material is submitted by more than one person, the word “you” shall be deemed changed to “we” and this covenant will be binding jointly and severally upon all the persons so submitting said material. Should any provision or part of any provision be void or unenforceable, such provision or part thereof shall be deemed omitted, and this covenant with such provision or part thereof omitted shall remain in full force and effect. This covenant shall be governed by the laws of the Federal Republic of Germany applicable to covenants executed and to be fully performed therein. You have read and understand this covenant and no oral representations of any kind have been made to you and this covenant states our entire understanding with reference to the subject matter hereof.
TV Alliance GmbH is not necessarily affiliated with sites which may be linked to or from the Site (the “Linked Sites”) and is not responsible for their content. Links from the Site to the Linked Sites are for your convenience only and you access them at your own risk.
You understand and agree that you may not reproduce, copy, resell, manipulate, or exploit any part of the Site for any commercial purpose.
THE SITE, THE SITE MATERIALS, AND THE SOFTWARE, IF APPLICABLE, ARE PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TV Alliance GmbH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TV Alliance GmbH DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE, THE SITE MATERIALS, THE FORUMS OR THE SOFTWARE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE, SITE MATERIALS SOFTWARE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. TV Alliance GmbH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE SITE MATERIALS, THE FORUMS OR THE SOFTWARE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT TV Alliance GmbH) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TV Alliance GmbH BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, THE SITE MATERIALS, OR THE SOFTWARE, EVEN IF TV Alliance GmbH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL TV Alliance GmbH’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
Information We Collect
TVA gathers, analyzes and/or stores personal information generally by way of four different sources: 1) the personal information voluntarily submitted by visitors when using or registering to use our services; (2) the personal and contact information visitors voluntarily provide when participating in contests, sweepstakes and/or other promotions; (3) through merchandise purchase or pre-order transactions; and/or (4) by analyzing data through mechanisms that identify site usage, browser types, IP servers, etc. TVA strives to provide our visitors with information relevant to their particular desires, needs and/or concerns. The information we gather helps us to better serve our purpose.
(a) General Data
General data includes information about you such as your name, address, email, and preferences. This information is generally gathered when you voluntarily submit the information to TVA for purposes of, including but not limited to, registering for newsletters and/or contests or because you wish TVA to provide you with our products, services or information. Such information allows TVA to personalize your experience and helps TVA better understand the demographics of our audience.
A Cookie is a small piece of information sent to your computer’s browser, which is stored on the hard drive of your computer. There are two kinds of cookies TVA operates; those that are “session” oriented and those that are “expiration” oriented. Session cookies delete from your computer at the moment you close your browser. Conversely, expiration cookies can be programmed to expire at any time; therefore when you close your browser, the cookie will remain on your hard drive until its expiration. Should you wish to be notified of, or to accept or decline cookies from being stored on your hard drive, please refer to your Internet help directions.
To better provide you with excellent service, cookies remember information about your activities on our website. For example, cookies can track merchandise you’ve ordered, can save your password for effortless login or can remember your preferences for a more tailored visit.
(c) Sensitive Information
TVA uses the Security Socket Layer, an industry standard security protocol for encrypting sensitive information.
There are two ways in which sensitive information (e.g. credit card numbers) are obtained. When a visitor makes a purchase, his/her information is sent directly to a third party authorization center and they relate to TVA whether to proceed with the transaction. The information is not at all stored in our system. The second way is when a visitor pre-orders merchandise. In this case, the information is sent to a non-public server and stored until the transaction is complete.
We here at TV Alliance GmbH use all possible efforts to ensure safety of your sensitive information.
(d) Non Identifying Information
TVA gathers and analyzes non-identifying user information such as IP servers and browser types for statistical purposes only. In order to better aim our application efforts, we record and tally information for the purpose of, including but not limited to, measuring our traffic and determining the origin of the audience.
TVA does not buy or sell consumer information. We use and disclose information as explained in this policy and as required by law. In certain instances we may need to disclose user information to third parties relating to contest/sweepstakes requirements and/or winner verification. In this case, the user is given the option to receive additional materials from these companies. You have the choice to either accept or decline the invitation.
Newsletters are periodically sent to users who have previously registered to receive such material. The information obtained during registration (e.g. email address) is securely stored to achieve a more tailored relationship with TV Alliance GmbH. At any time, user can “unsubscribe” to this service.
All forums/message boards have a disclaimer stating that TVA retains the right to control conversations through our message boards. By this we mean controlling profanity, extreme erotica, illegal use, etc. By using our forums/message boards, you are voluntarily giving us the right to publicize contents of your interactions. Please do not use our forums/message boards if you do not wish your interactions to be public.
Periodically visitors will be asked to participate in surveys and/or polls. Participation is completely voluntary. Data collected from these surveys are analyzed for statistical purposes only.
Periodically TVA runs promotional sweepstakes and/or contests. Participation is completely voluntary. Additional information is generally required for purposes like, including but not limited to, determining eligibility and contacting potential winners. Guidelines explaining TV Alliance’s policies with respect to Sweepstakes/Contests are always posted along with sweepstakes information.
TV Alliance Filmproduktions- und Vertriebs GmbH
Phone +43  3246-288
Phone +49  12501-2200
Managing Director: Michael Radtke
Firmenbuchnummer: 273 846s | Landesgericht Salzburg
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