1. Area of application
1.3 Any deviating, conflicting or supplementary general terms and conditions shall not form part of the contract, even if known, unless their validity is expressly approved in writing by Generation Digitale.
2.1 Generation Digitale shall make the vimote app (hereinafter "application") available to mobile devices with Internet access such as smartphones and tablet PCs (hereinafter "mobile devices"). This application allows the user to present or show videos that he recorded and saved on the mobile device on a smart TV, computer or tablet connected to the Internet or home network (LAN). To do so, the user should click on the desired film on the mobile device, and visit the website www.vimote.tv on its output device that can access the Internet (computer, Xbox, smart TV, tablet etc.). A QR code or a code to be entered manually will then appear on the output device, which the user is to scan in or enter using the application. The selected film will then be shown over the vimote service (server) on the output device, either using WiFi or the Internet. The videos and corresponding metadata (thumbnails, sessions) are either deleted after the viewing has ended, i.e. the respective view session has ended, or after the respective view session has timed out, but at the latest one day after the user presents the film using vimote servers.
2.2 The precise scope of service is described in the respective app store.
2.3 The required use of the Internet is not included in the application. The user is responsible for the Internet access, the technical requirements, the configuration and performance of the mobile device to use the application and the up-to-dateness of the software required and shall bear the cost of such.
2.4 Generation Digitatle assumes no guarantee for the uninterrupted availability of the application. Generation Digitale also reserves the right to discontinue the application at any time; the user is not entitled to an unlimited use of this application.
2.5 Generation Digitale grants the user the non-exclusive, non-transferable right to use the services of vimote via the application. This right is expressly limited to private, non-commercial use. Generation Digitale grants the user the non-exclusive, non-transferable right to install and use the software on the user's devices. The right to use the software is limited to personal, non-commercial purposes.
The user is not entitled to distribute or make the application available over a network where it could be used by multiple devices at the same time. The user is also not entitled to rent, lease, lend, sell, redistribute or sublicense the application. If the user sells his mobile device to a third party, the user is obliged to delete the application before the sale. The user is only entitled to copy, to edit or to decompile the software, if this is required to achieve interoperability with other programs or to fix any software errors provided that Generation Digitale has not made available the necessary information upon the user’s request.
2.6 The user accepts that advertising banners, videos and/or other advertising formats may be displayed while using vimote.
2.7 Generation Digitale retains the right to provide software updates from time to time, but is not obliged to do so.
2.8 Generation Digitale shall provide only the application. Responsibility for all content and videos transmitted and presented by the user within the framework of the application lies exclusively with the user. Generation Digitale is not obliged to review content or videos used within the scope of the application for potential breaches of law. If Generation Digitale determines that specific content or a specific film breaches applicable law or third party rights, Generation Digitale is entitled to delete the questionable content or film and block the user concerned without prior notice.
3. Usage authorisation
3.1 Only natural persons who are over the age of 14 are entitled to use the application.
4. Right of withdrawal
4.1 Any right of withdrawal of the user shall be determined in accordance with the provisions of the respective app store.
5. User rights and responsibilities
5.1 The user is obliged not to use, and in particular store, reproduce, distribute, publish, present, send and/or make publicly available any illegal content or content transgressing standards of public decency within the scope of the application. Illegal content is content that breaches the intellectual, commercial or other rights of third parties, particularly third party copyrights, trademark rights and personality rights. The user is also required not to use or reproduce, distribute, publish, offer and/or make publicly available any videos with criminal, pornographic, disorderly, racist and/or content that glorifies violence or is liable to corrupt youths within the scope of the application.
5.2 The user expressly guarantees to own all rights to the content and videos required for use of such content and videos within the scope of the application.
5.3 The user shall indemnify Generation Digitale from third party claims asserted against Generation Digitale owing to a breach of the provisions of these general terms and conditions, and in particular the regulations of clauses 5.1 and 5.2. The user shall bear costs and expenses (including reasonable lawyers' fees) arising for Generation Digitale owing to the assertion of such claims.
6. Transfer of right
6.1 The user grants to Generation Digitale the non-exclusive, free, transferable and geographically unrestricted right to use, and in particular save, reproduce, distribute, publish, present, send, make publicly available or use in other way any content or videos provided by the user within the scope of the application, as long as such is required by Generation Digitale to render services within the scope of this application.
7.1 Claims for compensation against both Generation Digitale and its legal representatives, executives or other vicarious agents are excluded, unless in the event of intentional or grossly negligent behaviour or in the event that a significant contractual duty (so-called cardinal duty) is breached. Cardinal duties include duties which, if breached, would jeopardise the purpose of the contract and on the fulfilment of which the contractual partners therefore rely. In the event that cardinal duties are breached, Generation Digitale shall be liable for any culpable behaviour on the part of its legal representatives, executives or other vicarious agents.
7.2 The aforementioned liability exclusions and limitations shall not apply to damage resulting from injury to life, limb or health, the assumption of a guarantee of quality or fraudulent concealment of defects on the part of Generation Digitale. Liability in accordance with the German Product Liability Act shall remain unaffected.
8. Data protection
9.2 The law of the Federal Republic of Germany shall apply. If permitted by law, the place of jurisdiction shall be Hamburg, Germany.