1.1 The following terms and conditions form part of any contract between Beaufort Media GmbH, Hohe Bleichen 21, 20354 Hamburg, Germany (hereinafter referred to as the Provider) and the owners of smartphones, who use the services of the application (app) described in paragraph 2 of these terms and conditions (hereinafter referred to as the User). These terms and conditions also apply to the legal successors of the parties.
1.2 The Provider provides its services exclusively on the basis of these terms and conditions.
2. Subject matter of the agreement
2.1 The User is given the possibility to use the Provider’s app, which allows the Provider to purchase videos the User has created with his or her smartphone. The user then submits the video to the Provider with the help of the app. The Provider notifies the User of the amount of compensation for which he or she would purchase the video. If the user accepts this offer, the video and its copyright is transferred to the Provider and no longer remains in the User’s phone.
3.1 As part the registration process necessary for using the services of the Provider’s app, the User is obliged to submit truthful, current, accurate and complete data. The User commits to keeping details current and up to date. Each User may register only once.
4. Formation of the contract
4.1. The contract between the Provider and the User on the subject of the video becomes effective when the Provider specifies the amount of the remuneration he wishes to pay for it and the User accepts this offer.
5. Right to use
5.1. The User grants the Provider an exclusive, transferable and unlimited exploitation, utilisation and processing rights as well as other rights to reproduce, distribute, transmit, duplicate or publish the contents of the video.
5.2. The granting of rights from paragraph 5.1 of these terms and conditions applies particularly to the use of landline and mobile communication networks, including all digital and analogue transmission and retrieval techniques, especially by cable, wireless, land and mobile satellite networks and microwave transmissions, all known and future transfer methods (particularly WAN, LAN, WLAN, broadband, FM, GSM,GPRS, EDGE, UMTS, HSDPA, HSUPA and DVB-T and DVB-H), transmission protocols and languages (particularly TCP-IP, IP, HTTP, WAP, HTML, c-HTML and XML), including the reproduction of any receiving devices, in particular stationary, mobile and ultra mobile computers, TVs, set-top boxes, (hard drive) video recorders, mobile phones, mobile digital assistants (MDA), personal digital assistants (PDAs) and Mobile Internet Devices (MID) and includes the use in the context of telecommunication, tele-media and broadcast services (e.g. web and mobile portals, RSS, SMS, MMS, email and messenger services), regardless of whether they are configured as a push or a pull service.
5.3. The granting of rights from paragraph 5.1 of these terms and conditions is also valid for use in any form of advertising and/or public relations (even when using the content as an integral part of online advertising, e.g. in banners, videos, screen shots, audio samples, teasers, newsletters, titles and names).
5.4. Once the User has granted the Provider the rights as stated in paragraphs 3 to 5.1 of these terms and conditions, he or she concedes their rights to the video content.
6. Obligations of the user
6.1. The User guarantees that the content of his videos does not violate legal provisions. They must not in particular: a) contain any defamatory or immoral content or content infringing the honour of a third party, b) contain violent, racist, content or content harmful to minors, c) violate third party rights to privacy or the general right to privacy, d) violate protected rights of third parties such as, for example, copyright and related rights, trademark or brand rights, patent rights, trade secrets or confidentiality agreements.
6.2. The User is obliged to refrain from all forms of editorial advertising in the videos.
6.3. The User guarantees the Provider that he or she is the owner of all rights to the video content provided and is authorized to dispose of them as they wish. The User also guarantees the Provider that public disclosure, modification and /or copying of the video content will not violate rights of third parties, such as intellectual property rights or general personal rights.
7. Terms of payment
7.1. The Provider pays the User the amount referred to in the offer after the video was successfully sent to the provider. The payout proceeds in a manner specified by the Provider during formation of the contract. Should it be necessary for the payment for the user to provide certain information, this information must be truthful. The amount specified in the Provider’s offer is a gross amount that includes VAT.
8. Breach of obligations by the User
8.1 The User will compensate the provider for all damages incurred by breaching his or her obligations under paragraphs 1, 3, 5, 6 and 7 of these terms and conditions. The User also indemnifies the Provider of all third party claims which may arise due to the breaches.
9. Liability exceptions
9.1. The Provider is only liable for damages relating to injury if such injuries are the direct cause of the Provider’s, or an employee of the Provider, gross negligence. This also applies to damages caused by the breach of duties during contractual negotiations and performing unauthorized actions. Any further liability for damages is excluded.
9.2. The liability is, with the exception of deliberate or grossly negligent conduct or damages resulting from injury to the life, body and health and the violation of essential contractual obligations, limited to typical foreseeable damages at the time of the conclusion of the contract and otherwise to the amount of the average damage for this type of contract. This applies also for indirect damages, including lost profits.
10. Termination of the contract
10.1 The contract between the Provider and the User is formed for the period of the statutory protection term for videos. A termination of the contract is excluded. This does not affect the right of extraordinary termination for essential reasons. An essential reason is in particular if the User violates the obligations from the regulations in paragraphs 1, 3, 5, 6, 7 of these terms and conditions.
11. Final provisions
11.1 The law of the Federal Republic of Germany excluding the UN sales law applies. This does not affect mandatory provisions of the State in which the User has his habitual residence. If the User is a merchant, a special legal combination of public law or special public assets, or does not have a general place of jurisdiction within the country or has moved his or her residence to a foreign country after formation of the contract or his or her place of residence at the time when the complaint is filed is not known, the place of jurisdiction and the place of venue is the seat of the Provider. Should individual provisions be partially or completely invalid, the remainder of the contract shall remain valid.