- The following terms and conditions of use shall apply to the relationship between you and Arnold & Richter Cine Technik GmbH & Co. Betriebs KG for the use of the ARRI LENS TABLE MARKETPLACE:
ARRI LENS TABLE MARKETPLACE Terms and Conditions of Use
- The ARRI LENS TABLE MARKETPLACE under the subdomain [http://www.arri.com/lens_table_marketplace (“ARRI LENS TABLE MARKETPLACE”) is operated by Arnold & Richter Cine Technik GmbH & Co. Betriebs KG (“ARRI”). These conditions of use are binding on all users of the ARRI LENS TABLE MARKETPLACE.
You undertake to ARRI that you will make lawful use of the offering. This means that you may use the ARRI LENS TABLE MARKETPLACE only in a manner or for purposes that do not breach these conditions of use or applicable German law or infringe the rights of third parties.
- Use of the ARRI LENS TABLE MARKETPLACE is conditional on prior registration. On completing registration you will become a member of the ARRI LENS TABLE MARKETPLACE. There is no entitlement to membership. Membership of the ARRI LENS TABLE MARKETPLACE is free of charge and non-transferable. Only one membership per person is permitted.
- Membership is available to persons of 18 years and over. In the course of registration you have an obligation to provide correct and complete details of your identity to ARRI. These details should also be kept up to date during the period of your membership.
3. User name
- You are free to choose your user name. The user name chosen by you may however not be in breach of applicable German law, the rights of third parties, these conditions of use or accepted principles of morality.
- The following limitations apply. In relation to your user name you may in particular:
- not use the name of another person;
- not use any description that is protected under copyright law by a trade mark or other protective right;
- not use any description that infringes or could infringe the rights of other natural or legal persons;
- not use any description that could provoke or injure other members, such as e.g. vulgar or offending user names likely to create confusion;
- not use any description that includes secret codes, by which members of an organisation of an extremist nature recognise each other;
- not use any description that contains or features content liable to prosecution and/or could induce criminal offences, in particular racist, pornographic, obscene, offensive, vulgar or immoral descriptions or descriptions that glorify or trivialise violence.
4. Duties of care in respect of user data
- You may not permit third parties to use your access. You are responsible for all contents disseminated under your user name. You will therefore select a password for your user name and take all necessary steps to ensure that this is kept confidential.
5. Uploading lens files
- As a member you can upload lens files in the ARRI lens file format to the LENS TABLE MARKETPLACE.
- In this connection please note that it is not permitted to input the following content on the platform:
- own or others‘ personal data, such as for instance names, addresses, telephone numbers, email addresses or other personal data; for own private data this applies only outside the profile;
- racist, pornographic, obscene, offensive, vulgar, immoral or unlawful content or content that glorifies or trivialises violence;
- content that harms or endangers the development or upbringing of children or young people or violates human dignity or other protected interests;
- content that could induce others to commit criminal offences or otherwise immoral acts;
- offensive or harmful statements;
- threats against other members, providers or third parties;
- abusive criticism, defamatory matter, insults, lies or false information;
- content that could infringe the right of third parties to informational self-determination;
- copied content to which you hold no rights;
- content that presents a security risk, such as for instance viruses;
- links to web sites with content that breaches applicable law, is harmful to young people or otherwise unacceptable;
- any kind of advertisement (hidden or overt), such as e.g. competitions, discount campaigns or special sales as events (excluded from this are activities of ARRI);
- email addresses, URLs, telephone numbers or other contact details for the purposes of own or third party advertising;
- content that is based on rumours, hearsay or unverified statements of other persons;
- posts offering or requesting the sales of used equipment;
- In addition the following are not permitted:
- the falsification of sender information or other header details;
- the collection of information concerning persons and their email addresses without their permission;
- the alteration, adaptation, translation, leasing or distribution in whole or in part of software used in the operation of the LENS TABLE MARKETPLACE, or its use as a starting position for similar products.
7. Provision of the service
- ARRI will try to keep available the service offered on the ARRI LENS TABLE MARKETPLACE. ARRI does not accept any obligations to provide any services beyond this. In particular you have no right to have the service constantly available. ARRI expressly reserves the right to provide a reasonably reduced service on a temporary basis to carry out maintenance work and further development, where this is required for proper or improved operation.
- ARRI may make changes to the service or suspend services at any time wholly or in part, temporarily or permanently.
8. ARRI’s user rights
- On posting content (posts) and/or on transferring data you grant to ARRI a non-exclusive right, unlimited as to time or territory, in relation to this content and the data transferred, to use the content and data with the user name chosen by you.
- ARRI may in particular, while upholding moral rights of the copyright holder and your personal privacy rights, reproduce, disseminate and make publicly accessible and available for retrieval your posts and data in the course of operating the platform (online, access and transfer rights) and may archive them and add them to databases.
- You agree to published, personal profile information being capable of discovery by member searches for properties such as sex, age and place of residence.
- ARRI may only process the content and data provided by you to the extent required for graphic representation, for editorial reasons or in connection with compliance with these conditions of use.
- The rights of use above are granted by ARRI free of charge.
- You give your assurance that you have all rights in the content and data transferred by you, and in particular that you have the right to transfer to ARRI the rights described above. Persons visible on photographs must be of full age and have consented to the upload.
- There is no entitlement to publication, correction or deletion of the content or data transferred by you to the ARRI LENS TABLE MARKETPLACE. ARRI shall decide on publication at its own editorial discretion. ARRI is not obliged to name the originator.
- If third parties bring claims against ARRI by reason of the posting of content by you and/or the upload and/or the use of data (in particular by reason of the breach of personal rights, copyright, trademark rights or ancillary copyrights), you must compensate ARRI for all damage caused to ARRI by a culpable breach of duty on your part.
9. Breach of duty and liability
- In the event of a breach of your obligations under these conditions of use you must compensate ARRI for the damage caused by the breach of obligation. You must also indemnify ARRI against all claims made by third parties because of the culpable breach of their rights by you, including the costs of defence in the amount of the legally payable sums. You undertake to support ARRI in the defence of such claims.
- You will be liable for all activities carried out using your user name. If you are not responsible for misuse of user data because there is no breach of the duties of care, you will not be liable. In the event of knowledge of reasons for suspecting a misuse of your user name or password, ARRI may put in place necessary measures and in particular temporarily suspend or stop membership or access to the ARRI LENS TABLE MARKETPLACE. If you or a third party who uses your user name culpably breaches these conditions of use or applicable law, ARRI can take the necessary measures. Serious breaches can lead to complete closure of your access or to termination of your membership without notice.
- ARRI has the right, but is not under any obligation, within the scope legally permitted to check all areas of the service provided on the ARRI LENS TABLE MARKETPLACE for compliance with the conditions of use and the rules of conduct set out therein. ARRI may in the event of suspicion of breach of criminal or public law provisions assist with investigations.
- Claims for damages against ARRI are excluded save where otherwise provided below. The foregoing exclusion of liability applies also for the benefit of the lawful representatives and agents of ARRI, where you make claims against them. Claims for damages based on a culpable injury to life, limb or health are excepted from the exclusion of liability provided in the first sentence. Also excepted from the exclusion of liability is liability for damage caused by an intentional or grossly negligent breach of duty by ARRI, its lawful representatives and agents. In addition ARRI shall be liable only in the event of culpable breach of material contractual obligations, in which case liability is limited to compensation for the foreseeable damage typically occurring under this type of contract. A material contractual obligation is one whose fulfilment is a prerequisite for the proper performance of the contract, whose breach will jeopardise the achievement of the purpose of the contract and on whose observance the user may regularly rely.
10. Ending or termination of membership
- You may terminate your membership at any time without giving notice. Please send a corresponding email for this purpose to [firstname.lastname@example.org]. Your right to terminate your membership for good cause is not affected by these conditions of use.
- ARRI may terminate your membership at any time. ARRI may terminate your membership at any time without notice if you culpably breach these conditions of use. If ARRI terminates your membership without notice because of a breach of these conditions of use, you can register again with ARRI only with the express agreement of ARRI.
- ARRI reserves the right to keep publically available after the deletion of the user account such content as you as user have disclosed (e.g. posts, events, comments etc.). This will be without citing the user name and with notice that the user has in the meantime been removed. This applies to content that you have not yourself removed prior to the deletion of your user account.
11. Final provisions
- ARRI reserves the right in accordance with the following provisions to amend the conditions of use and the services, where the amendments are reasonable for you taking into account the interests of ARRI; this shall be the case in particular where the amendments do not essentially disadvantage you, e.g. in the case of amendments to contact details, offering additional services or the like. Further, ARRI will inform you prior to an amendment of these conditions of use in one of the following ways: either the amended conditions of use will be made accessible to you on the home page before the activation of new functions or services or ARRI will inform you with reasonable notice, but at least one month before the intended coming into force, by email at the email address given by you at registration.
- The law of the Federal Republic of Germany shall apply to all disputes arising in connection with the use of the service, including contractual rights and obligations, the validity of the contract and claims in tort. Excepted from this choice of law are the mandatory consumer protection provisions of the country in which you as user have your habitual residence.