Terms of Use


TERMS OF USE

PLEASE READ. YOUR USE OF THIS SITE IS SUBJECT TO THESE TERMS OF USE AND OUR PRIVACY POLICY. BY USING THE SITE, YOU CONSENT TO THE COLLECTION AND USE OF YOUR DATA IN ACCORDANCE WITH OUR PRIVACY POLICY.

These Terms of Use (“Terms”) apply to the web sites, web pages, interactive features, applications, widgets, blogs, social networks, social network “tabs,” alternative reality worlds or features, or other online or wireless offerings that post a link to these Terms, whether accessed via computer, mobile device or other technology, manner or means (each, a “Site,” and collectively, the “Sites”). The Sites are offered by German Car TV Programm GmbH, Thalkirchner Strasse 56, 80337 Munich, Germany (collectively, “German Car,” or “we”, “us”, “our”). These Terms govern your rights and responsibilities in connection with the particular Site you are using (referred to sometimes as “the” Site). The term Site includes the content on that Site, all of our services provided on or through that Site (the “Site Services”), and any software that we make available on or through that Site (the “Software”), unless otherwise German Carcified. You “use” the Site anytime you access (via computer, mobile device or other technology), view, link to or from, or otherwise interact or communicate with or connect to, the Site (or any parts thereof) or interact or communicate with other users through the Site (including, without limitation, on message boards, chat rooms and/or other communities established on the Site). Your use of the Site (or any part thereof) signifies your agreement to be bound by these Terms and the German Car Privacy Policy (the “Privacy Policy”), which is hereby incorporated by this reference into these Terms. These Terms are a binding legal agreement between you and German Car: please read them carefully before you use the Site. Do not use the Site if you do not agree with any of the terms contained herein.

German Car reserves the right, at its sole discretion, to change, modify, and/or add to these Terms or to the Privacy Policy, in whole or in part, at any time. Changes to these Terms or the Privacy Policy will be effective when posted. You agree to review these Terms and the Privacy Policy periodically to become aware of any changes. Your use of the Site or any part thereof after any changes to these Terms or the Privacy Policy are posted will be considered acceptance of those changes and will constitute your agreement to be bound thereby. If you object to any such changes, your sole recourse will be to stop using the Site. Your use of certain Site features, functionality, programs or Services (including, without limitation, contests, sweepstakes, promotions, wireless marketing opportunities, photo or video or other User Submissions (as defined below) uploading/posting opportunities, RSS feeds, etc.) offered on or through the Site may be subject to additional or German Carcial terms and conditions (“German Carcial Rules”), and before you use any such features, functionality, programs or Services you may be required to indicate your acceptance of such additional German Carcial Rules. All German Carcial Rules are incorporated into these Terms as if fully set forth herein.

OWNERSHIP; RESTRICTIONS ON USE

The content of the Site and all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein are owned by German Car and/or its licensors and are protected by applicable German and international copyright and other intellectual property laws. You acknowledge, understand and agree that you shall not have, nor be entitled to claim, any rights in and to the Site content and/or any portion thereof, except: (i) with respect to your own User Submissions (excluding any materials – e.g., key art, title treatment, clips, stills, music tracks, etc. – used in your User Submissions that may have been licensed to you by German Car for use in your User Submissions, for example in connection with a contest or other program or feature offered on the Site (such content referred to as the “GERMAN CAR Licensed Assets”)); and/or (ii) to the extent of your limited rights to use the Site for certain personal (non-commercial) purposes, as set forth below in the section titled LICENSES GRANTED TO YOU, subject to the conditions set forth in the YOUR RESPONSIBILITIES section below and the other terms and conditions of these Terms. Except in connection with your own User Submissions (and then only to the extent you control them), or unless expressly authorized by German Car pursuant to these Terms or otherwise, you agree not to copy, reproduce, duplicate, stream, capture, access through technology or means other than those provided on the Site, perform, transfer, sell, resell, download, upload, archive, license to others, edit, modify, manipulate, create derivative works from or based upon (including, without limitation, mash-ups, montages, wallpapers, ringtones, greeting cards, T-shirts or other merchandise), publish, republish, post, transmit, publicly display, frame, link from or to, distribute, share, embed, translate, decompile, reverse engineer, translate, incorporate into any hardware or software application, use for commercial purposes, or otherwise use or exploit the Site or any component part thereof. Any of the unauthorized uses referred to above would constitute an infringement of the copyrights and other proprietary rights of German Car and/or its licensors (including, without limitation, other Site users who have submitted their own User Submissions) and a violation of these Terms and may subject you to civil and/or criminal liability under applicable laws.

LICENSES GRANTED TO YOU

Subject to these Terms (including, without limitation, the YOUR RESPONSIBILITIES section set forth below), we hereby grant you, if and only to the extent the necessary functionality is provided to you on or through the Site, the following limited, revocable, non-exclusive, non-transferable, non-assignable, worldwide, royalty-free rights and licenses (each a “License”):

(1) the License to access, view and otherwise use the Site (including, without limitation any Site Services provided on or through the Site) for your personal (non-commercial), lawful use only, as intended through the customary and authorized functionality of the Site;

(2) the License to stream Site content using any of the widgets and/or other digital streaming Internet video players, if any, provided on the Site (any such widget or other digital streaming Internet video player referred to as a “Site Widget”) for your personal, lawful use only;

(3) the License to cut and paste certain code expressly made available to you through the Site (whether such functionality is designated as “sharing” functionality or not) in order to embed, re-publish, maintain, and/or display the German Carcific Site content to which such code relates on your own personal, customized social networking Web page(s), Web blog(s), or microblog(s) (collectively, your “Personal Social Media”), and/or, if the Site provides “widget grabbing and embedding” functionality, to “grab” a Site Widget and embed, re-publish, maintain, and/or display such Site Widget on your Personal Social Media;

(4) the License to cut and paste certain code expressly made available to you through the Site, and/or if the Site provides “widget grabbing and embedding” functionality, to “grab” a Site Widget, to forward, as applicable, such code and/or Site Widget to your friends, so that they can view the Site content contained therein, and/or if, they so desire, so that they themselves may embed the forwarded piece of code or Site Widget on their own Personal Social Media or re-forward it to their own friends;

(5) if the Site includes a “Send to Friend” or similar tool that allows you to initiate and send to one of your friends an email communication that includes Site content, and the tool is operational, the License to use the tool to request that the Site’s servers convey your message to your friend;

(6) if the Site includes a “Download” link next to a piece of Site content (including, without limitation, an image, an icon, a wallpaper, a music track, a video, a trailer, an RSS feed), the License to download a single copy of such content to a single computer, mobile or other permitted device for your personal, non-commercial use only;

(7) if the Site enables you to download Software, the License to install and use one copy of the Software on your personal computer system, mobile or other permitted device in machine-executable object code form only and make one additional copy for back-up purposes; provided, however, that you understand and agree that (i) by allowing you to download the Software, German Car does not transfer title to the Software to you (i.e., you own the medium on which the Software is recorded, but the Software’s owner (which may be GERMAN CAR and/or its third party Software licensor) will retain full and complete title to such Software; (ii) you may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software without the prior written consent of GERMAN CAR; (iii) you may not assign, rent, lease, or lend the Software to any person or entity and any attempt by you to sublicense, transfer, or assign the Software will be void and of no effect; (iv) you may not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Softwar…


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