I. GENERAL
 
1. The following General Terms and Conditions of Business (hereinafter referred to as “GTB”) shall govern all services of DCC Directors Cut-Commercials GmbH (hereinafter referred to as “DCC”) as offered oruseable under www.directorscut-commercials.com (hereinafter referred to as “DCC.com” or “home page”). These GTB apply exclusively for all business conducted with DCC. 

2. Use of our home page means that you expressly agree to these GTB. Your approval is also valid for all future business with DCC, in the absence of other written agreements between you and DCC, also in the event our GTB are not expressly covenanted with yours.
 

3. Additional services will be added to our home page over time. This circumstance or legal requirements could require changes in these GTB. DCC expressly reserves the right to amend or change these GTB and all documents refereed to herein at any time in future. DCC shall separately notify of any amendments and changes of its GTB and of any other conditions for use. The currently valid version of our GTB (accessible athttp://www.directorscut-commercials.com) shall be binding, if you do not oppose amendments and changes in writing within a reasonable time period.

 

4. Priority of English GTB / Translations

Your contractual relations with DCC are governed by the English version of our GTB. Any translation of the English version that DCC may provide is solely intended for your information. You hereby recognize that the English version shall prevail in the event of discrepancy between the original English version of these GTB and any translation thereof.

 

II. SERVICES 

1. Offers at DCC.com are exclusively for business users and self-employed persons and not for private consumers. DCC provides on its home page, i.e., directorscut-commercials.com, an online platform for a registered USER with a valid DCC-ID (hereinafter referred to as “USER”) which enables you to download commercials in streaming-method uploaded by third parties, to view information about the commercials (e.g., director, product,agency, customer, cameraman, producer, production and composer, etc.) and to communicate with other USERS (hereinafter referred to as “services”).

2. DCC makes it possible for producers of commercials (e.g., directors, production companies, agencies, hereinafter also referred to as “PUBLISHER”) to publish their commercials and background information free of charge for self-advertising on DCC.com and to make them publicly accessible to USER.

3. Giving USER access, against payment, to the DCC.com online-platform and all data uploaded by third parties subject to the use options set out under Numeral III below constitute the subject matter of this contract. You will need a Flash Player for streaming. USER is solely responsible for procuring all necessary hardware and software and the internetconnection for using DCC.com. Membership includes use of all additional services (e.g., chat, forum). These additional services are provided on a voluntary basis and there is no legal claim to them.

III. USE MODELS

DCC membership is only possible against payment. The fee for using DCC.com online-platform and the extent of usable services depends on USER’s chosen model of use. Exact and actual fees and specifications of thedifferent models of use are available at http://www.directorscut-commercials.com

IV. CLOSING OF CONTRACT

1. Transmitting the completed order form to DCC.com or sending it by email and concurrent approval of DCC’s General Terms and Conditions means that you are sending DCC a binding offer for closing a data-use-contract between DCC and you. The contract is established when you receive your access authorisation in form of your login-data. DCC reserves the right reject any offer to close a contract without explanation. USER shall have the opportunity to use services after entering log-in data on the home page of DCC.

2. You warrant that all the information and data that you provide on the compulsory parts of the order form are truthful and correct.Your order cannot be processed if a compulsory part of the form not filled out. Only USERS with full legal capacity, or acting with consent of their legal representatives in case of restricted legal capacity, are permitted to use ourservices.

V. ACCESS ENTITLEMENT

1. The login data that you, as registered USER, receive from DCC constitutes your access entitlement. You are required to keep said login data strictly confidential. You shall undertake not to divulge your login data to any unauthorized third parties. You shall undertake to notify DCC immediately if you become aware that a third party knows about you login data or is using it in an unauthorized manner.

2. If a third party acquired access to DCC.com and its services due to breach of confidentiality by a USER, then such USER is required to pay any fee a rising from such use and is bound to compensate for any incurred damages. The confidentiality requirement shall remain in force after termination of contract.

3. DCC is allowed to close USER’s access at any time that USER breaches a condition or term of the contract and/or enters into arrears.

VI. TERMS OF PAYMENT

1. The following kinds of payment options are hereby exclusively agreed:

2. The statutory sum of VAT is not included in our prices. It will be separately reported on your invoice.

3. USER shall bear bank charges, return debit notesand reasonable administrative fees if any charge or direct debit is not paid for lack of cover or default of USER.

4. USER is required to pay a foresaid charges and fees until termination of contract regardless of whether DCC closes USER’s access to the platform in the event of delayed payment or other breach of contract.

If USER enters into arrears, then DCC shall have the right to claim a flat rate sum of Euro 6.00 for any payment reminder and to charge default interest at a rate that is 5% above the actual ECB base interest rate.

VII. DELIVERY AND TRANSFER OF RISK 

The risk of data loss and/or change passes to USER when downloading data via streaming and when crossing network interface in the event of sending data via the internet.

VIII. WARRANTY

1. DCC consistently endeavors to provide all services on the platform as accurately and completely as possible and to remedy possible defects at short notice. Nevertheless, USER acknowledges the technical impossibility of a permanent error-free website or access to it. USER acknowledges that DCC is not obligated to provide the same and that defects could also originate at sources beyond DCC’s control.

DCC requests USER for a corresponding notice if USER discovers defects, content complaints and/or legal infringement of any kind whatsoever so that DCC can remedy them as quickly as possible. Please contact DCC per phone or e-mail at: info@directorscut-commercials.com.

No legal claim is given for unlimited functionality. DCC especially assumes no warranty for constant access to the platform and to separate services or for their continuous availability at all times if the irregularity is not within DCC´s control.

2. If availability of the platform becomes impossible or restricted by reason of DCC, then USER is required to notify DCC immediately of the same via e-mail to info@directorscut-commercials.com.

3. DCC reserves the right to add, delete, amend or restrict services and data in whole or part at any time without prior notice.

4. Data uploaded by third parties

DCC especially does not guarantee the correctness, completeness, current status and quality of the uploaded data and information or that the contents of such data conform to legal regulations of the country where they can be accessed or where USER resides. PUBLISHER is solely responsible for his uploaded data. USER acknowledges that it is impossible for DCC to check given data and the identity of PUBLISHER in individual instances. All information, facts and opinions given by third parties on the platform do not represent the views of DCC. DCC neither assumes liability and/or takes responsibility for such contents nor for deletion of any such content at any particular time.

5. External links

Referrals to other websites ("external links") are incumbent upon the respective operators and providers of such websites. DCC checked the external link the first time connection was made to it. The check indicated that legal violations were not ascertainable on the external link. However, DCC has no influence of the actual or future design of external linked websites or their contents. Links to external websites do not cause DCC to make the contents behind the links their own in any way whatsoever. A permanent control of external links is not reasonable without explicit indications of legal violations. External links shall be deleted immediately in the event of cognizance of any legal violations.

6. Use of downloaded data is USER’s soleresponsibility. DCC does not warrant for contracts between USER and third parties that were initiated, closed or are enforceable with regard to data or content provided by DCC or that may cause any legal or economic disadvantage.

7. DCC is not liable for damages caused by abbreviatedor falsified appearance of contents or the improper use of data by third parties.

IX. LIABILITY

1. DCC is not liable for any claims for damages—for any legal reason whatsoever—unless DCC or its vicarious agents actintentionally or out of gross negligence. This limitation of liability does not affect the liability of DCC for damages from injury to life, body or health due to negligent breach of duty by DCC or strict liability.

2. In case of slight negligance of essential contractual obligations, the claim for damages is limited to typical kinds of predictable damage. Any excluded or limited liability shall likewise apply for the limited liability of DCC’s employees, representatives and vicarious agents.

3. DCC is not liable for indirect damage, loss of profit, non-materialized savings and/or consequential damages caused by adefect if DCC does not cause it by intent or gross negligence.

4. We explicitly advise you that DCC is not liable for any damages that emerge at USER or at third parties due to technical problemsor for any other reasons, for which DCC is not responsible or has no control, in conjunction with failure to present offers, services, performances or data or failure to present them in the offered form permanently or in due time.

X. TERMINATION

This contract is initially being closed for a term of 12 months (contract period). It shall renew automatically for an additional 12-month period unless one of the contacting parties terminates it in writing with a minimum of 8 weeks notice prior to the end of the respective contract period. The right of extra ordinary termination for good cause shall remain unaffected.

XI. RIGHT OF WITHDRAWAL

If USER registers at DCC.com for a reason not related to its commercial nor its self-employed activity, then USER shall have the following rights as a consumer as defined under § 13, German Civil Code (Bürgerliches Gesetzbuch):

1. Right of Withdrawal

USER has the right to revoke its registration withoutstating any reason in text form (§ 126 b Civil Code, e.g., via mail, fax ore-mail) within two (2) weeks. The time period shall commence with activation of the membership by DCC or, at the earliest, with receipt of this notice of your rights. Dispatch of the revocation notice in due time is sufficient for compliance with the aforementioned two (2) week period. The revocation may be sent by mail to:

DCC Directors Cut-Commercials GmbH
Rödingsmarkt 52
20459 Hamburg

Germany

by fax, by e-mail or via the “contact”-form on the website. Fax number and email-address are shown under http://www.directorscut-commercials.com.

2. USER’s right of revocation shall not affect his cancellation rights.

3. Premature expiration of the right of revocation

The right of revocation shall expire in accordance with § 312d, subsection 3, Civil Code, prior to expiration of the two (2) weektime period if DCC has commenced providing the services of DCC, for which USER registered in explicit consent of USER, or if USER has prompted DCC to provide services (e.g., by using the services of DCC that DCC provided for the chosen kind of membership upon registration).

4. Consequences of revocation

In the event of effective revocation, any benefits received by either contracting party shall be returned in compliance with legal requirements and possible capitalized use (e.g., interest) shall be refunded. If it is impossible for USER to refund received benefits in whole or part to DCC, then USER is required to compensate the equivalent value thereof. USER is required to meet its obligations to refund payments within 30 days after sending the notice of revocation.

XII. Copyright

1. DCC respects the intellectual property of third parties, any copyrights, trademarks and miscellaneous industrial propertyrights, integrity of personality and protection of privacy, especially of persons shown in data, information and contents on websites and calls upon its USER to act likewise. DCC consistently endeavors to prevent any violation of legal rights on DCC.com and to eradicate the same immediately.

2. Along with upload of any data, PUBLISHER guaranties that he holds required rights to upload material (e.g., films,texts, music, photos, etc.) . PUBLISHER guaranties that no rights of third parties exist. PUBLISHER warrants to hold DCC harmless of all claims of all third parties arose by any breach of this clause and/or clauses of the GTB upon first request by DCC.

3. DCC requests its USER to inform DCC immediately of any violation or breach of a foresaid terms and rights via e-mail to:info@directorscut-commercials.com. Please inform us immediately using following form if you suspect that any uploaded contents violate your rights, especially your personal rights, intellectual property or any other rights. Please note that DCC cannot appropriately pursue suspected violations until you furnish correct and complete information.

4. All video and audio files, texts, pictures and other creations and uses prepared or exploited by DCC are protected by copyright. Usage without explicit approval is expressly prohibited beyond the conditions set out under our offer. Only DCC or the specific holders of theright(s) are solely entitled to any rights of use, publishing, reproduction, editing and exploitation and rights to a name and/or trademark of data. Allrights are reserved. Any use of the services and contents of the onlineplatform other than in accordance with these terms and conditions is prohibited without an explicit separate agreement.

5. DCC shall collect all fees solely for the service of providing the platform or data files and not for the actual data. USER shall not acquire any right in the data by paying member dues. Any use beyond the provisions of this clause requires a separate written agreement.

6. Alteration and disposal of copyright and trademark markings are not permitted. The company logo and trade name of DCC are subject to trademark protection, and they may not be copied or used in any different manner whatsoever.

XIII. PRIVACY UNDER DATA PROTECTION

USER agrees that all data are electronically saved in observance of valid German data protection laws. Any data that DCC saves and stores is solely used to implement contracts made with DCC, and they are solely passed on to third parties contractually associated with DCC insofar as required. Said data is not transferred to third parties neither free of chargeor against payment. Data transfer to third parties for a different purpose, advertising in particular, is only permitted with USER’s explicit consent.

XIV. CLOSING PROVISIONS

The Law of the Federal Republic of Germany applies for these same GTB and all legal relationships between DCC and USERS or PUBLISHERS. DCC corporate domicile in Hamburg is covenanted as exclusive venue of courtsand place of performance insofar as permissible.

If a provision under these same GTB is or becomes invalid, then this shall not affect the validity of all remaining provisions. Invalid or void provisions shall be replaced by such provisions that come nearest to the content and purpose of the contracting parties’ economic intent; the same shall apply for any contractual loop holes under these same GTB.

Copyright 2011 - DCC Directors Cut-Commercials GmbH