Terms and Conditions of Use
Welcome to the reelport website.
PLEASE READ THESE TERMS AND CONDITIONS OF USE ("TERMS") CAREFULLY BEFORE USING THIS SITE OR ANY APPLICATIONS OR SERVICES AVAILABLE FROM IT. This Site is owned and operated by reelport, Germany (referred to as "reelport"). "You" are the person or entity using the Site, ordering or using Applications or described in the Site registration form.
By using this Site, ordering or using Applications, or clicking on a button indicating your consent, you agree to these Terms including but not limited to conducting this transacltion electronically, and to disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of German law. If you do not agree to these Terms, you do not have permission to use the Site. Reelport reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time. Notification of changes to these Terms will be posted on the Site or sent via e-mail. If any future changes to these Terms are unacceptable to you, you must discontinue use of the Site.
In consideration of your use of the Site and/or Applications, you agree to provide true, accurate and complete information about yourself as prompted by the Site registration. In addition, you agree to update that information in order to maintain its truth, accuracy and completeness. reelport may deny you access to the Site or reject your order in the event that your information is untrue, inaccurate or incomplete.
2. OBLIGATION FOR USING YOUR PASSWORD
ALL CONTENT OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD ON THE SITE WILL BE DEEMED BINDING ON YOU. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to make use of the site for which you will be legally responsible. If you suspect that someone may have obtained access to your password who is not intended to have authority to act on your behalf, please contact reelport immediately to authorize reelport to deny access to the Site to anyone else presenting your password.
3. LIMITED NON-COMMERCIAL LICENSE TO USE SITE
reelport hereby grants you the limited right to view and use the Site only for the purposes of viewing or playing content such as films or connected data. reelport reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site. No portion of this Site is targeted to children, and any minor should seek consent of his or her legal guardian before using this site. Unless you have received specific written permission from reelport, you may not (a) "frame" or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, content displayed on the Site or (b) alter or modify any content on the Site. Without limiting other restrictions, you agree not to reproduce, transmit, sell, or otherwise exploit the Site and/or Applications for any commercial purpose.
4. UPLOAD CONDITIONS
The Site allows you to upload film content. You agree that the use of the Site for this purpose is subject to the following conditions:
* You agree that all user feedback, data, comments, suggestions, information, text, data, software, sounds, photographs, audio, audiovisual, video, artwork, graphics, messages and other materials of any nature ("Materials") that are transmitted to or via the Site are the sole responsibility of the person from which the Materials originated. This means you, and not reelport, are entirely responsible for the Materials you transmit through the Site.
* You shall not upload to the Site any Materials which are indecent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, contain expressions of hatred, bigotry, racism or pornography, or are otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law.
* Your Materials, user name and/or screen name will not disparage in any manner reelport, its Licensors, or their Applications, products, or services and sites.
* Your Materials shall not infringe the copyright, trademark, publicity/privacy right or other intellectual property right of any third party.
* You shall not upload to the Site any Materials that are directly or indirectly commercial in nature or contain any solicitation of funds, promotion, advertising or solicitation for goods or Site. You specifically acknowledge that soliciting other users to join or become users or members of any commercial online web site or other organization is expressly prohibited.
* You shall not upload to the Site any Materials that contain viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
* You agree that reelport has no liability or responsibility for the storage or deletion of any Materials that you submit or post. reelport reserves the right to change these general practices and limits at any time in its sole discretion, with or without notice.
* You acknowledge that reelport does not pre-screen any Materials posted by you or other users, but that reelport and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Materials. Without limitation, reelport and its designees shall have the right to remove any Materials that violate the Terms or is otherwise objectionable, as well as terminate your access to the Site.
5. COPYRIGHTS AND TRADEMARKS
EXCEPT AS EXPRESSLY PROVIDED HEREIN BY THESE TERMS, NEITHER REELPORT ITS AFFILIATES, NOR ANY THIRD PARTY HAS CONFERRED UPON YOU BY IMPLICATION, ESTOPPEL OR OTHERWISE, ANY LICENSE OR RIGHT UNDER ANY PATENT, TRADEMARK, COPYRIGHT OR OTHER PROPRIETARY RIGHTS TO USE THE SITE OR ANY APPLICATIONS OFFERED ON THE SITE. NO OWNERSHIP RIGHTS ARE OR WILL BE ASSIGNED TO YOU.
reelport will not tolerate copyright infringement and reserves the right to block, disable, or otherwise remove any content or materials uploaded to the Site as well as terminate access to the Site if you engage in copyright or other intellectual property infringement. The law provides for civil and criminal penalties for copyright and other intellectual property law infringements.
Displaying, performing, storing, copying, distributing, or otherwise making available or using any content from the Site or Applications is prohibited, unless specifically authorized by reelport. Accordingly no such content or Applications may be used on another web site without express written permission from reelport.
You agree to indemnify and hold reelport, its affiliates, officers, agents, partners and employees harmless from any claim or demand, including reasonable attorneys fees, arising out of your content and materials, your use of the Site, your violation of these Terms or your violation of any third party's rights including such party's copyrights and trademarks.
7. DISCLAIMER OF WARRANTIES
EXCEPT IF EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT, THE SITE AND APPLICATIONS OFFERED AT OR THROUGH THE SITE, AND APPLICATIONS ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND AND WITH ALL RISKS. REELPORT HEREBY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AVAILABILITY OF THE SITE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION ON THE SITE; AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SITE, APPLICATIONS, OR RELATED INFORMATION. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION IS BORNE BY YOU.
8. NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES
TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT REELPORT WILL NOT BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE SITE, APPLICATIONS OR RELATED INFORMATION, OR TO ANY BREACH OF THESE TERMS.
9. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant for the benefit of reelport and any third parties mentioned on the Site, in addition to other representations and obligations contained in these Terms, that: (a) you possess the legal right and ability to enter into and make the representations and warranties contained in these Terms; (b) all information submitted by you to the Site is true and accurate; (c) you will keep your registration information current; (d) you will be responsible for all use of your password even if such use was conducted without your authority or permission; (e) you will not use the Site for any purpose that is unlawful or prohibited by these Terms; (f) you are the owner of the Materials and they are original to you; (g) the Materials do not infringe any third party right, such as copyright, trademark, and publicity/privacy right; (h) the Materials do not constitute defamation or libel or otherwise violate the law, and (i) you agree to defend, indemnify, and hold reelport (and its employees, representative, agents, and assigns) harmless from breaches of (a) through (h).
10. LINKS; ADVERTISERS
The Site contains links to third party sites that are not under the control of reelport and reelport is not responsible for any content on any linked site. If you access a third party site from the Site, then you do so at your own risk.
11. TERMINATION OR CANCELLATION OF SITE ACCESS; MODIFICATIONS TO SITE AND APPLICATIONS
If you violate these Terms, reelport may terminate or cancel your access rights to the Site and/or Applications immediately without notice. reelport may also block your use of the Site and/or Applications or direct you to cease using it. reelport reserves the right at any time to modify or discontinue the Site, Applications, or any part thereof and you agree that reelport shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, Applications, or any part thereof, except you may receive a pro-rata refund in the event such modification, suspension, or discontinuance materially affects your access to those parts of the Site or Applications that you have paid for.
Reelport reserves the right to delete the file uploaded by the user (original file) from the reelport server after two weeks. The file that has been encoded from the original file and which has been provided to the festivals and (if applicable) to the catalogue (target file) may be deleted 24 month after the upload of the original file. Afterwards you have to re-upload your files liable to pay costs.
13. EXCLUSIVE JURISDICTION
These Terms shall be governed by the laws of Germany without regard to its conflict of law provisions.
14. ENTIRE AGREEMENT
These Terms, as amended, your registration forms, and the disclosures provided by reelport and the consents provided by you, constitute the entire agreement between you and reelport. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
You agree that reelport may amend or modify these Terms or impose new conditions at any time by updating these Terms on the Site or upon notice from reelport to you as published through the Site or by email. Any use of the Site or order by you after such updating shall be deemed to constitute acceptance of such amendments, modifications, or new conditions. If you do not want to be bound by an amendment, you will need to terminate your registration, if any, and refrain from using the Site. No other amendments will be valid unless they are in a paper writing signed by reelport and by you.
16. ASSUMPTION OF RISKS YOU ASSUME ALL RISKS THAT THE SITE, APPLICATIONS, AND RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA.