A. General Information
1. Access to and use of this Website is subject to the following Terms and Conditions including Data Protection and Privacy Policy contained herein which, by accessing and browsing the Website, the User accepts, without limitation or qualification. If the User does not agree to these Terms and Conditions he or she must not use this Website, Content or Services.
2. By accessing this Website the User warrants that he or she is not less than 18 years old or, if the User is less than 18 years old, he or she accesses the Website only, with the consent of, and is supervised by its parent/guardian.
3. Terra Mater Studios GmbH (“TMS”) may at any time revise these Terms and Conditions. Modifications to these Terms and Conditions will be effective immediately upon notice, either by posting on the Website, notification by email or through any of our Applications. It is your responsibility to review the Terms and Conditions from time to time for any changes. Your access and use of our Services following any modification of these Terms and Conditions will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms and Conditions, immediately discontinue use of our Website, Content or Services and, if applicable, terminate your Account.
4. Words set out in these Terms starting with capital letters have the following meanings:
“Content” means all information, material and media, in particular text, data, artwork, graphics, photos, print, footage, software, sounds, music, recordings, videos and other moving and non-moving images and material created or contributed by TMS and whether provided in stream, download, electronic data or any other form on or via the Website;
“IPR” means intellectual property rights which include, but are not limited to copyright, moral rights, registered designs, patents, trademarks, service marks, brands, design rights (whether registered or unregistered) semiconductor rights, database rights, trade secrets, rights of confidence and all other similar rights (including applications for the registration of any of the foregoing rights) and all other renewals and extensions thereof in any part of the world;
“Services” means the services such as the access, software, tools and Content made available to User via the Website;
“Users” mean any visitors of the Website and also member of the press.
“Website” means www.terramater.at / www.terramater.com
B. Access
1. Registration and Account: In order to access certain features of the Website with its Services and Content. Member of the press must: (a) be aged 18 years or over; (b) have accepted these Terms; (c) have provided TMS with complete and accurate information for the registration; and (d) have received a registration confirmation with their Username and Password for the Website from TMS via email (the “Account”). Member of the press may only register one Account at the Website. Certain Content or Services may be made accessible or non-accessible to certain member of the press, for instance by establishing different access levels differentiating between certain groups of member of the press, at TMS sole discretion.
2. Username and Password: By registering with TMS member of the press warrant that the information given for their Account (together with any other information which they may from time to time provide to TMS, whether as part of the application process or otherwise) is complete, true, accurate and not misleading in any way. Member of the press are responsible for notifying TMS of any changes to such information in order to ensure that it remains up-to-date. Member of the press must keep their Username and Password details secure at all times. They are responsible for all activity that occurs on their Account, whether impliedly or expressly authorized by them or not. Member of the press must immediately notify TMS of any unauthorized use on their Account. Member of the press may be liable for losses incurred by TMS or any other User of or visitor to the Website due to someone else using their Account. Users must not use an Account belonging to someone else. TMS will not be liable for any loss or damage arising from member of the press’s failure to comply with these obligations. TMS will not modify member of the press’s Username without consulting them.
C. Copyright, Trademarks and other intellectual property rights
1. Any Content and Services of the Website i.e. all text, logos, trademarks, graphics, artwork, sounds, music and software (including the player) is protected by copyright, moral rights, registered designs, patents, trademarks, service marks, brands, design rights, semiconductor rights, database rights, trade secrets, rights of confidence and other similar rights (“IPR”). All IPR subsisting in the Website and its Content or Services is either owned by TMS or licensed to TMS. All rights remain reserved to TMS or if provided by a third party, to such third party (and even if any such Content or Service is not explicitly identified to be legally protected or registered, this does not imply any waiver by TMS of applicable intellectual property rights with respect to any such Content or Service in its entirety or parts thereof). Even if any such trademark, name and logo are not explicitly identified to be legally protected or registered, this does not imply any waiver from TMS on applicable IPR in respect to any such trademark, name or logo.
2. Images of people or places displayed on the Site are either the property of, or used with permission by, TMS. The use of these images by the Users, or any other third parties authorised by the former, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorised use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Any reproduction of the Content, the Services or part thereof shall be expressly agreed to by Terra Mater Studios and clearly marked by User with Terra Mater Studios’ copyright sign, as follows:
© Terra Mater Studios GmbH.
D. User’s rights and obligations
1. TMS maintains this Website for personal entertainment, information and communication purposes only. Users may download solely for download marked Content and Services displayed on the Website for non-commercial, personal use only provided Users also retain all copyright and other proprietary notices contained on the Content or Services. Users may not, however, copy, reproduce, republish, distribute, modify, transmit, reuse, repost, or use any part of the Website, the Content or Services of the Website for public or commercial purposes, including the text, images, audio, and video without TMS’ written permission, except as expressly provided in these Terms or otherwise agreed to by TMS in writing. The same shall apply to ideas and concepts the Website, or any of its Content or Services is based on, even if not protected by IPR law.
2. Users must not modify, alter or adapt any part of the Content or Services (each an “Adaptation”) without TMS prior written consent. In the event that TMS gives consent to any Adaptation, the User acknowledge and agrees by requesting such that TMS shall obtain the irrevocable, worldwide, perpetual, non-exclusive, transferable, fully paid up and unlimited rights to exploit any Adaptation and all materials, whether provided by TMS or not as well as all parts thereof, in particular, but not limited to, any edit, cut or excerpt and all other materials created by the User, pursuant to or related to the Content, Services or Adaptation, free of charge and in any known or yet unknown kind of use upon its creation.
3. Users must not (or attempt to) hamper, disable, interfere or attempt to interfere with the Website or any part of it (including its security-related features or any transaction as may be concluded on the Website) or in any way reproduce or circumvent the navigational structure of the Website, to obtain or attempt to obtain any Content or Service through any means other than as intentionally offered under the Website;
4. Users must not cast a negative light on TMS, its affiliates or on TMS or its affiliates activities, business or brands. Users shall in particular refrain from using any Content in connection with: (a) illegal products, content, services or materials; (b) any products, content, services or materials concerning or relating to obscenity, pornography or similarly adult-themed material and/or; (c) coverage of accidents, assaults, catastrophes or riots.
5. Users must not use the Website, Content or Services for any unlawful purpose or for the publication of, linking to, issue or display of any unlawful material (such terms to include, but not be limited to, any pirated software or any material which is obscene, threatening, malicious, deceptive, harmful, abusive, defamatory, intimidating, discriminatory on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability) or which breaches the rights (including, but not limited to IPR) of TMS and/or any third party or which encourages or procures any criminal activity or contains any virus, trojan horses or other harmful code or script;
6. Users shall comply with all applicable laws and regulations in using the Services, and Content and agree not to infringe the rights of TMS, any other user of this Website or other third parties.
E. Additional rights and provisions for members of the press
1. TMS grants members of the press the right to access the Website and to use the Services and Content as made available from time to time on the Subpage https://www.terramater.at/press/. Members of the press may download or copy Content or retrieve Services from the Website for Communication Use in form of non-commercial viewing, copying and sharing, where technically allowed as defined herein below.
2. Any and all Content and Services provided on the Subpage https://www.terramater.at/press/ may be used, edited, copied and modified by members of the press to the extent and only in such form as necessary for their editorial use in relation of reporting and coverage of current and former productions on the Website (hereinafter “Communication Use”) subject to the following conditions:
a) Licensed Rights:
TMS hereby grants members of the press, free of charge, the following worldwide, non-exclusive, non-transferable, non-sublicensable rights:
(i) the right to broadcast the Content as on Free TV, WebTV and Mobile TV via non-encrypted terrestrial, cable, satellite, internet, mobile, wire, fibre and any other means of linear transmission to the audience; and
(ii) the right to make the Content available as Free Video On Demand by means of non-linear and non-encrypted electronic transmission to the audience upon audiences request via streaming, temporary progressive download and other non-permanent displays of the Content excluding download to own and any other transmission for permanent storage of the Content by audiences; and
(iii) the right to edit and adapt the Content by means of technical format and encoding; and the right to edit, adapt, intercut and to combine or link the Content with other material solely to the extent and in such form as necessary for members of the press´ specific Communication Use, provided that the integrity of the Content is not compromised; and
(iv) the right to promote the Content solely for the purpose of directly announcing and promoting the exploitation of the Content to the aggregate duration of up to thirty (30) seconds.
(v) the right to publish and reproduce the Content an unlimited number of times in print; and
(vi) the right for written and pictured quotes of the Content
b) License Period
The License Period shall be three (3) months commencing on the date of the download.
c) Excluded Rights
Any further use of the Content or the Services, in particular any use for third parties’ or members of the press own interests, activities, services or product (including the creation of new products such as documentaries etc.) even within the scope of the licensed rights, is strictly prohibited. For the avoidance of doubt, the following rights are expressly excluded from the Communication Use license:
(i) Above-the-Line (ATL) promotion rights, i.e. the right of classic advertising in the mass media such as newspaper ads, radio spots, TV commercials and commercials in the movies, posters/billboards on the streets etc.
(ii) PayTV rights, i.e. the right of linear and encrypted analogue or digital broadcast of the Program for reception by viewers, whereas a fee is charged to the viewer by a broadcaster, provider, supplier, distributor or content aggregator.
(iii) PayVoD rights, i.e. the right of non-linear and encrypted transmission of the Program to users where a charge is made to the user for the right to receive or retrieve the Program via direct or indirect data procession, in a way that the user may receive, retrieve and respectively perceive the Program upon individual demand at a time chosen by the user.
(iv) Download-to-Own rights (DTO), i.e. the right of non-linear and permanent transmission and storage of the Program upon users request, in a way that the data of the Program is transmitted to user and stored on user’s reception or storage device for retrieval at any time without the need of any additional transmission by the provider, supplier, distributor or content aggregator. The electronic copy of the Program on user’s device generated by DtO allows user to access and use the Program at any time without the need of any additional transmission by the provider, supplier, distributor or content aggregator.
(v) Electronic-Sell-Through rights (EST), i.e. the right of non-linear and permanent transmission and storage of the Program upon user’s request and against a fee, in a way that the data of the Program is transmitted to user and stored on user’s reception or storage device for retrieval at any time without the need of any additional transmission by the provider, supplier, distributor or content aggregator. The electronic copy of the Program on user’s device generated by EST allows user to access and use the Program at any time without the need of any additional transmission by the provider, supplier, distributor or content aggregator.
(vi) Theatrical exhibition rights, i.e. the right of exploitation by exhibition of the Program in whole or in part to the public irrespective of the technical type of the presentation system and the way of the transportation of the signals to be presented. The theatrical rights refer in particular to all standard and substandard film formats, analogue and digital (video) systems as well as the long distance transmission of the signal and cover all commercial and non-commercial presentations in film theatres and other locations to the viewers present at such location.
(vii) Commercial distribution rights, i.e. the right of selling, licensing or sublicensing the Content against a fee to third parties, e.g. through sub-distributors and/or sales agents in various markets and distribution channels.
(viii) Music Rights, i.e. any and all rights regarding music (including but not limited to the sync and master use rights) are not licensed and explicitly excluded from this Communication Use License, if the content is additionally marked on the Website with the comment ”NO music rights”; members of the press guarantees to clear and acquire all necessary rights to the music and its performance including such rights that are held by collecting societies prior to its usage and exploitation and shall indemnify and hold TMS harmless against all claims in connection therewith.
For products marked on the Website with the comment “WITH music rights” any and all rights regarding music that are held by collecting societies can’t be licensed by TMS and are therefore explicitly excluded from this Communication Use License. Licensee guarantees in this case to clear and acquire all necessary rights to the music and its performances prior to its usage and exploitation from collecting societies and shall indemnify and hold TMS harmless against all claims in connection therewith.
d) Members of the press may use the Content solely as provided by TMS. Members of the press may not edit, copy and modify the Content, except as expressly provided in these Terms or otherwise agreed to by TMS in writing.
e) Notification and Sample
TMS may ask members of the press and if so they will deliver to TMS a notification regarding their Communication Use with details where the Content or Service used by them can be found and will provide TMS with a sample of the final version in electronic format via e-mail to the following e-mail address: office@terramater.com.
In the event that members of the press become aware of any actual or alleged infringement of third parties’ rights by any Content or Service, they shall: (i) immediately notify TMS in detailed writing and cease using the affected Content or Service; (ii) not make any admission as to liability; (iii) allow TMS to take sole control of any claim; and (iv) provide TMS with all assistance as may be requested in relation to the infringement, including using best efforts to minimize the negative effect of the infringement.
F. Disclaimer and limitation of liability
1. TMS neither warrants nor represents that use of Content and Services displayed on the Website will not infringe rights of third parties not owned by or affiliated with TMS.
2. The Content and Services contained in the Website is intended for entertainment purposes and the views and opinions expressed therein are not necessarily those of TMS.
3. While TMS uses reasonable efforts to include accurate and up to date Content and Services in the Website, TMS makes no warranties or representations as to its accuracy. TMS assumes no liability or responsibility for any errors or omissions in the Content or Service of the Website.
4. TMS does not warrant that the Website, the Content or the Services will be error-free or uninterrupted, or that defects will be corrected. TMS reserves the right at any time and without notice to remove the Website, Content or Services (or part thereof) for whatever reason or to interrupt the operation of the Website, Content or Services (or part thereof) as may be necessary to perform routine or non-routine maintenance, error correction or other changes.
5. Use of and browsing in the Website are at the User’s own risk. Neither TMS, any of its agencies, nor any other party involved in creating, producing, or delivering the Website is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of the User’s access to, or use of, the Website, save in the case of fraud, gross negligence, personal injury or death.
6. TMS also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, the User’s computer equipment or other property on account of the User’s access to, use of, or browsing in the Website or the User’s downloading of any Content and Services from the Website.
7. Certain hypertext links in this Website will lead to other websites that are not owned or controlled by TMS. TMS has not reviewed any or all of the third party websites linked to the Website and is not responsible or liable for the nature or the content of any third party websites linked to the Website.
Linking to the Website, third party websites and in particular downloading computer programs from certain websites may risk infringing copyright, introduce computer viruses into the User’s own system and is at the User’s own risk and without the permission of TMS.
G. Termination and suspension
Users may cancel their Account at any time upon written notice. If they wish to cancel, please email TMS at office@terramater.com.
Users agree that TMS may, in its sole discretion, without the need to give reasons and without prior notice, suspend or terminate their Account and/or access to the Website, Content or Services in its entirety or in part upon written notice.
All disclaimers, indemnities and exclusions in these Terms shall survive the termination of these Terms.
H. Data protection and privacy policy
1. Information, data and material, which Users provide to TMS as part of the registration process or thereafter, as well as other information, data and material, which Users may supply to TMS is subject to the Data Protection and Privacy Policy of TMS. The current version of the Data Protection and Privacy Policy of TMS shall be deemed incorporated into these Terms.
2. Other than personally identifiable information and data, which is covered under the Data Protection and Privacy Policy of TMS, any information, data and material Users transmit or post to or via the Website shall be considered non-confidential and non-proprietary and Users hereby grant TMS a perpetual, irrevocable, non-exclusive, royalty-free licence to use such information, data and material throughout the world as TMS see fit including copying, disclosing, distributing, incorporating and otherwise using such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. Users represent and warrant that all information, data and material Users transmit or post to the Website is owned by Users and that Users have all necessary rights to grant the licence above.
I. Severance
Each provision of these Terms shall be constructed separately and independently. The effectiveness of these Terms shall not be impaired if any provision of these Terms should be completely or partially invalid or unenforceable. In this case, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms remain in full force and effect.
J. Governing law and jurisdiction
All disputes arising out of or in connection with these Terms, including any questions regarding its existence, validity or termination, shall exclusively be settled by the court responsible for commercial matters in Vienna in accordance with the law in force in Austria, without reference to its conflicts of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980, shall be excluded.
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Austria
