1. Scope of application
These Terms and Conditions describe the usage agreement between Mhoch4 GmbH & Co. KG Neuer Pferdemarkt 23, 20359 Hamburg, Germany (hereinafter ‘Mhoch4’) and the users of the m4-tv Web TV service on the login-protected website www.m4-tv.com. Users may be operators of online portals, Web TV broadcasters or TV broadcasters. The Terms and Conditions of Mhoch4 apply exclusively.
2. Subject matter
Mhoch4 operates a Web TV channel from the login-protected website www.m4-tv.com that provides continuous, up-to-date access to editorial and company-/product-related content, including on the topics of cars, fashion and lifestyle, sports, consumer advice, business, and science and technology. Users must register in order to be able to use the m4-tv Web TV channel. Registered users can choose which m4-tv content they use, and for what purpose (broadcasting, publishing on online portals, public communication, etc.), insofar as it complies with the conditions set out herein.
Users may be operators of online portals, Web TV broadcasters or TV broadcasters. Mhoch4 has the right to decide whether or not to allow a company to register as a user.
4. Registration, deleting content on users’ and third-party systems, contractual penalty
Users register via an online form, and their registration and acceptance is confirmed via email by Mhoch4. The usage agreement becomes valid from the day that the user receives the confirmation email and login details are confirmed with the relevant code.
The usage agreement is of unlimited duration and can be terminated via email by either party, for any reason, at any time, with one month’s notice to the end of the calendar month. The right to extraordinary termination of the agreement for good cause and with immediate effect remains unaffected for both parties. This is also done via email. If the usage agreement is terminated, Mhoch4 reserves the right to block the user’s access code, and the user is obliged to delete all content permanently and with immediate effect, or to have all content that has been forwarded to third parties deleted permanently and with immediate effect. Should the user not comply with this requirement, contraventions will incur a penalty of EUR 500 per infringement, which is payable to Mhoch4 following a written demand.
During the registration process, users must enter their personal data in the fields marked as compulsory by Mhoch4. Mhoch4 requires only a minimum of personal data from the user (name, email, phone, etc. – see online form), and it is used only for internal purposes related to processing the usage agreement and is not transferred to third parties, unless this is absolutely necessary to provide compensation for usage rights to those holding the rights to content.
5. Scope of use/transfer of rights/liability
Mhoch4 grants non-exclusive rights for registered persons to use the content on m4-tv for the duration of the usage agreement (see point 4, paragraph 2) anywhere in the world for the purposes of publishing it on their own online portals, broadcasting it or communicating it publicly, and permits them to provide the Mhoch4 content to third parties for these purposes.
Mhoch4 has acquired the necessary rights from all those involved with the content, taking into account the exceptions listed below.
Should there be time limitations on the usage of content (for example in the representation of celebrities), Mhoch4 will inform the user as required.
Legal or contractual claims exercised by the collecting society VG Wort [collecting society for authors] or VG Bildkunst [collecting society for visual artists], and/or their foreign equivalents, must be remunerated by the user if the claims were assigned by the rights holders involved to the relevant collecting society.
The following applies to music rights: Mhoch4 only uses music that is royalty-free in its image content, which means that foreign collecting societies, music publishers or the owner of the rights do not have to register with GEMA [German Society for Musical Performing and Mechanical Reproduction Rights] or pay royalties; users must inform Mhoch4 in writing by the end of the quarter as to which image content they have used on their online portal or in their TV programme, and when. If the owner of the rights to the music approaches the user and presents the Mhoch4 notification of usage, the owner of the rights must be compensated directly for the rights to public communication and broadcasting in line with the standard GEMA tariffs or those of the relevant foreign collecting society. If image content should contain music for which GEMA royalties are due, Mhoch4 will inform the user specially. In such cases, users of such text or image content must undertake to obtain the necessary rights from GEMA themselves, or from the relevant foreign collecting society, the music publisher and/or the owner of the rights.
Users have the right to edit the text and image content (e.g. shortening or lengthening, image editing), as long as the key messages of the content are not misrepresented. The user remains liable for adhering to legal requirements when editing content.
The user is obliged to send Mhoch4 an overview of the use of text and image content at the end of each month as per the Web form template. This can be done either directly via the ‘Verwendungsmeldung’ [‘Notification of usage’] online form for each item, or via email to firstname.lastname@example.org.
Mhoch4 exempts registered users from all claims by third parties relating to assigned rights. Users exempt Mhoch4 from all claims by third parties relating to any rights to be remunerated by the user. Users guarantee Mhoch4 that if they share text or image content with third parties, the third parties assume the obligations as agreed by the user in this agreement. Should the user not adhere to these obligations, contraventions will incur a penalty of EUR 500 per infringement, which is payable to Mhoch4 following a written demand.
Mhoch4 guarantees the user that the content of the text and images complies with legal requirements.
6. Final provisions
Mhoch4 reserves the right to change these Terms and Conditions at any time. Any changes will be forwarded to registered users by email at the latest two weeks before they come into force. If the user does not object to the new conditions within two weeks of receiving the email, the new Terms and Conditions will be deemed to be accepted. Mhoch4 will specifically highlight the period of two weeks’ notice in the email.
If the user objects to the new Terms and Conditions, Mhoch4 has the right to the extraordinary termination of the usage agreement with immediate effect. This shall be communicated via email.
Should one or more items in these Terms and Conditions become ineffective, the validity of the remaining items shall not be affected. Should a provision of this agreement be ineffective, it is to be replaced by a legally effective provision that approximates the original purpose of the ineffective provision. The place of performance and jurisdiction for all disputes is Hamburg, Germany. This agreement is governed by the laws of the Federal Republic of Germany.
Edward Will, lawyer
14 December 2011