Terms

1. Scope

   1. Any use of this web site provided by Ikono.tv limited and/or its affiliates ("ikono.tv"), "Ikono.tv Site", is subject to these Terms of Use. These Terms of Use may be amended, modified or replaced by other terms and conditions, e.g. for the purchase of products and services. With log-in, or where a log-in is not required, in accessing or using the Ikono.tv Site these Terms of Use are accepted in their then current version.
   2. In the case of Web offers aimed at companies or public enterprises, such companies or enterprises are represented by the user and must assume that the user has appropriate knowledge and acts accordingly.
   3. If the User uses this Ikono.tv Site as business customer, i.e. that it is not acting for purposes which are outside its trade, business or profession, or as administration customer, § 312e para. 1 sentence 1 no. 1 - 3 of the German Civil Code does not apply.

2. Services

   1. This Ikono.tv Site contains specific information, films and software, as well as - as the case may be - related documentation, for viewing or downloading.
   2. Ikono.tv may stop the operation of the Ikono.tv Site in full or in part at any time. Due to the nature of the internet and computer systems, Ikono.tv cannot accept any liability for the continuous availability of the Ikono.tv Site.

3. Registration, Password

   1. Some pages of the Ikono.tv Site may be password protected. In the interest of safety and security of the business transactions, only registered Users may access said pages. Ikono.tv reserves the right to deny registration to any User. Ikono.tv particularly reserves the right to determine certain sites, which were previously freely accessible, subject to registration. Ikono.tv is entitled, at any time and without obligation to give reasons, to deny the User the right to access the password-protected area by blocking its User Data (as defined below), in particular if the User
      • uses false data for the purpose of registration;
      • violates these Terms of Use or neglects its duty of care with regard to User Data;
      • violates any applicable laws in the access to or use of the Ikono.tv Site; or
      • did not use the Ikono.tv Site for a longer period.
   2. For registration the User shall give accurate information and, where such information changes over time, update such information (to the extent possible: online) without undue delay. The User shall ensure, that its e-mail address, as supplied to ikono.tv, is current at all times and an address at which the User can be contacted.
   3. Upon registration the User will be provided with an access code, comprising a User ID and a password ("User Data"). The User Data allows the User to view or change its data or, as applicable, to withdraw its consent to data processing.
   4. The User shall ensure that User Data is not accessible by third parties and is liable for all transactions and other activities carried out under its User Data. At the end of each online session, the User shall log-off from the password protected websites. If and to the extent the User becomes aware that third parties are misusing its User Data the User shall notify Ikono.tv thereof without undue delay in writing, or, as the case may be, by e-mail.
   5. After receipt of the notice under paragraph 3.4, Ikono.tv will deny access to the password-protected area under such User Data. Access by the User will only be possible again upon the User's application to Ikono.tv or upon new registration.
   6. The User may at any time request termination of its registration in writing, provided that the deletion will not violate the proper performance of contractual relationships. In such event Ikono.tv will remove all user data and other stored personally identifiable data of the User as soon as these data are no longer needed.

4. Rights of Use to Information, films and Documentation

5. 1. The use of any information, film and documentation made available on or via this Ikono.tv Site is subject to these Terms of Use or.
   2. Information, films and documentation may not be distributed by the User to any third party at any time nor may it be rented or in any other way made available. Unless such is allowed by mandatory law, the User shall not modify the film and/or documentation.
   3. The information, films and documentation are protected by copyright laws as well as international copyright treaties as well as other laws and conventions related to intellectual property. The User shall observe such laws and in particular shall not modify, conceal or remove any alphanumeric code, marks or copyright notices neither from the information nor from the films nor from the documentation, or any copies thereof.
   4. §§ 69a et seq. of the German Copyright Law shall not be affected hereby.

6. Intellectual Property

   1. Notwithstanding the particular provisions in § 4 of these Terms of Use, films, information, brand names and other contents of the Ikono.tv Site may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way without the prior written permission of ikono.tv.
   2. Except for the rights of use and other rights expressly granted herein, no other rights are granted to the User nor shall any obligation be implied requiring the grant of further rights. Any and all patent rights and licenses are expressly excluded.
   3. Ikono.tv may, without charge, use any ideas or proposals stored by a User on the Ikono.tv Sites for the development, improvement and sale of its products.

7. Duties of the User

   1. In accessing or using the Ikono.tv Site the User shall not
      • harm other persons, in particular minors, or infringe their personal rights;
      • breach public morality in its manner of use;
      • violate any intellectual property right or any other proprietary right;
      • upload any contents containing a virus, so-called Trojan Horse, or any other program that could damage data;
      • transmit, store or upload hyperlinks or contents to which the User is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful; or
      • distribute advertising or unsolicited e-mails (so-called "spam") or inaccurate warnings of viruses, defects or similar material and the User shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar activity.
   2. Ikono.tv may deny access to the Ikono.tv Site at any time, in particular if the User breaches any obligation arising from these Terms of Use.

8. Hyperlinks

   The Ikono.tv Site may contain hyperlinks to the web pages of third parties. Ikono.tv shall have no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as Ikono.tv does not control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be at the sole risk of the User.

9. Liability for defects of title or quality

   Insofar as any information, films or documentation is made available at no cost, any liability for defects as to quality or title of the information, films and documentation especially in relation to the correctness or absence of defects or the absence of claims or third party rights or in relation to completeness and/or fitness for purpose are excluded except for cases involving willful misconduct or fraud.

10. Other Liability, Viruses

    1. The liability of Ikono.tv for defects in relation to quality and title shall be determined in accordance with the provisions of § 8 of these Terms of Use. Any further liability of Ikono.tv is excluded unless required by law, e.g. under the Act on Product Liability or in cases of willful misconduct, gross negligence, personal injury or death, failure to meet guaranteed characteristics, fraudulent concealment of a defect or in case of breach of fundamental contractual obligations. The damages in case of breach of fundamental contractual obligations is limited to the contract-typical, foreseeable damage if there is no willful misconduct or gross negligence.
    2. Although Ikono.tv makes every endeavor to keep the Ikono.tv Site free from viruses, Ikono.tv cannot make any guarantee that it is virus-free. The User shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information or documentation.
    3. §§ 9.1 and 9.2 do not intend nor imply any changes to the burden of proof to the User's disadvantage.

11. Data Privacy Protection

    For collection, use and processing of personally identifiable data of the User of the Ikono.tv Site, Ikono.tv shall comply with applicable laws on data privacy protection.

12. Supplementary Agreements, Place of Jurisdiction, Applicable Law<

    1. Any supplementary agreement requires the written form.
    2. The place of jurisdiction shall be Berlin if the User is a merchant in terms of the German Commercial Code (Handelsgesetzbuch).
    3. The individual pages of the Ikono.tv Site are operated and administered by Ikono.tv limited and/or its affiliates. The pages comply with the law applicable in the country where the responsible company has its business residence. Ikono.tv makes no representation that information and/or documentation on the Ikono.tv Site are appropriate or available for viewing or downloading at locations outside such country. If Users access Ikono.tv Site from outside such country, they are exclusively responsible for compliance with all applicable local laws. Access to Ikono.tv Site's information, films and/or documentation from countries where such content is unlawful is prohibited.
    4. These Terms of Use shall be governed by - and all disputes relating to or in connection with these Terms of Use or their subject matter shall be resolved in accordance with - the laws of Germany, to the exclusion of its conflict of laws rules. The application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) of 11 April 1980 is excluded.