Welcome to the ‘DAU DIGITAL’

Terms of Use

IMPORTANT NOTICE: It is important that You read the following terms and conditions of use (the ‘Terms’) relating to the operation and use of the DAU DIGITAL, and all components thereof. These Terms exempts the Administrator and others from liability and/or limits their liability and contains other important provisions that You must read and accept before using the DAU DIGITAL. The DAU DIGITAL is provided by Administrator solely for the limited purposes identified in these Terms and their use by You is conditional on Your acceptance of these Terms.

The DAU DIGITAL is comprised of www.dau.com, www.dau.digital, www.dau.movie and all current and future websites that may be used by Phenomen Berlin Filmproduktions GmbH, HRB 134413B, Grossbeerenstr. 174-184, 12277 Berlin, Germany (‘Administrator’, ‘Administrator websites’, respectively).

These Terms govern all use by You and all entities on whose behalf You may act (‘You’) of and access to (a) the DAU DIGITAL via the Administrator websites, (b) the films, audiovisual works, video, audio, graphics, images, information, metadata, data, text, names, graphics, logos, icons, designs, words, titles or phrases, or other Content made available to You via the DAU DIGITAL, (c) the products, goods and services provided through the DAU DIGITAL that may be purchased by You, including by paid access to Content, whether by subscription for a specified period or otherwise (i) by Administrator or (ii) by licensor(s), who have provided Content to the Administrator (the ‘Content’, ‘DAU DIGITAL Content’, ‘Products’). The terms ‘Content’, ‘DAU DIGITAL Content’ and ‘Products’ where the context permits may be used interchangeably.

1. USER ELIGIBILITY AND ACCEPTANCE OF THESE TERMS

You must read and agree to these Terms before using the DAU DIGITAL. If You do not agree, You may not use the DAU DIGITAL. These terms describe the limited basis on which the DAU DIGITAL Contents are made available to You and supersede prior agreements or arrangements.

DAU DIGITAL is designed for and targeted to adults. It is intended solely and exclusively for those who are at least 18 years of age or older. In order to use and access the features and services provided by DAU DIGITAL You must be 18 years of age or older (or whatever the applicable age of majority (legal adulthood) is where You are located). If You are not an adult, please stop and discontinue Your use of DAU DIGITAL.

By visiting or using the DAU DIGITAL, including, without limitation, to (a) access, use, browse, stream the Content, (b) otherwise use, access or purchase any of the Products, You agree on Your own behalf, and on behalf of any entity on whose behalf You may act, to accept and abide by these Terms for each use of and each visit to the DAU DIGITAL. By using DAU DIGITAL and its Content, You agree to be legally bound by all of the terms of these Terms. We reserve the right to change the terms of these Terms or to change, modify or otherwise alter any features of DAU DIGITAL at any time and for any purpose without notice. You should visit this page regularly and review these Terms for the current terms, since Your continued access or use of DAU DIGITAL will be deemed as an irrevocable acceptance of any such changes, modifications or alterations. If for any reason You do not agree with all of the terms and conditions currently or subsequently contained in these Terms, please discontinue using DAU DIGITAL immediately.

To use DAU DIGITAL, You may be required to register an account (become registered user). For the avoidance of doubt, You become bound by these Terms first time You enter DAU DIGITAL websites.

2. PRICING

Your use of DAU DIGITAL is subject to the terms and conditions outlined in Your Service Purchase Agreement. Your Service Purchase Agreement and the terms pertaining to pricing may be provided to You by any method, including in the description of a particular DAU DIGITAL Product. Your Service Purchase Agreement, and its terms pertaining to pricing, are incorporated herein by reference.

DAU DIGITAL provides links to payment processing platforms for Your convenience. Payments processed via payment processing platform may carry commissions on top of the Product price. Administrator has no control over such platforms or commissions charged by the platforms for the processing of payments.

You conclude Your Service Purchase Agreements with and make payment for the DAU DIGITAL Products to the Administrator, Phenomen Berlin Filmproduktions GmbH, HRB 134413B, Grossbeerenstr. 174-184, 12277 Berlin, Germany.

You may report of any errors or incorrect charges at e-mail: support@dau.com.

3. LIMITED LICENSE AND RESTRICTIONS ON USE OF DAU DIGITAL CONTENT

With respect to the DAU DIGITAL Content You are granted a limited and personal, non-exclusive, non-transferable, non-sub-licensable, revocable, license to use such Content, solely for Your own personal or internal company use. Use shall basically mean browsing and streaming the DAU DIGITAL Content. It is expressly prohibited to reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, transform, adapt, translate, create derivative works based upon, publicly perform, publicly communicate, make available, and otherwise exploit DAU DIGITAL Content, in whole or in part, in all media formats and channels now known or hereafter devised.

You may not modify any Content and You must comply with all instructions for display or use associated with the applicable Content. No other use is permitted. All rights not expressly granted by these Terms are reserved, as applicable, to Administrator and its licensor(s).

You may not:

(a) resell any Content;

(b) include any Content in or with any product that You create or distribute;

(c) copy any Content onto Your own or any other website;

(d) use the DAU DIGITAL Content or the Products in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse the DAU DIGITAL, Administrator or its licensor(s), system resources, accounts, servers, networks, or affiliated or linked sites connected to or accessible through the DAU DIGITAL (including, without limitation, uploading, posting or otherwise transmitting on the DAU DIGITAL computer viruses, Trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on the Administrator website infrastructure, or using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from the DAU DIGITAL or the Content in whole or in part);

(e) use any Administrator website, the Content or the Products in a manner that infringes upon the legal rights of any other person (including, without limitation, privacy and personality rights, copyright, moral rights, and other intellectual property rights);

(f) use any Administrator website, the Content or the Products in any data matching or data mining, including, without limitation, the collection or use of information about other users of the Products (including, without limitation, their email addresses) without their consent;

(g) use the DAU DIGITAL, the Content or the Products in any manner that is unlawful (including, without limitation, by accessing an Administrator website or the Products from any location where such access may be illegal or prohibited), unethical, indecent, offensive, defamatory, derogatory, fraudulent, deceptive, harmful, abusive, threatening, vulgar, offensive, harassing, invasive of the privacy rights of others, or is otherwise objectionable or which does not respect the legal rights and interests of others, and You agree that You shall comply with all applicable laws including, without limitation, all federal, provincial, municipal or local statutes, regulations, by-laws, guidelines, policies, rules, codes of conduct and standards of applicable governmental authorities and industry or self-regulatory bodies;

(h) use any Administrator website for commercial purposes or activities.

4. INTELLECTUAL PROPERTY

The DAU DIGITAL and all the Content are owned and operated by Administrator and its licensor(s). All intellectual property rights in the underlying HTML, text, films, audio clips, video clips, software, concepts, methodologies, processes and other Content that is made available to You on the DAU DIGITAL is owned by or licensed to the Administrator or its licensor(s). You agree not to modify, rent, lease, loan, sell, copy, distribute or create derivative works based on the DAU DIGITAL, the Content, in whole or in part. The DAU DIGITAL, the Content contain proprietary and confidential information and are protected by the German and international intellectual property and other laws, including, without limitation, copyright, ancillary rights and trademark laws. Certain names, graphics, logos, icons, designs, words, titles or phrases on the DAU DIGITAL may constitute trademarks, trade names or products of Administrator or other entities (including, without limitation, the Administrator licensor(s)) and be protected in Germany and internationally and their display on the DAU DIGITAL does not convey or create any license or other rights in these designs, trademarks, trade names or products. No use of the foregoing designs, trademarks, trade names or products may be made without the prior written authorization of Administrator or the Administrator licensor(s), as applicable. The display of the Content and associated products and services on the DAU DIGITAL does not convey or create any license or other rights in the foregoing trademarks or trade names. Any unauthorized use of them is strictly prohibited.

5. LIMITATION OF LIABILITY

Administrator and its subsidiaries, affiliates, suppliers, licensors, and their respective representatives, employees, directors, officers, partners, consultants and agents are not liable for any damages whatsoever, including, without limitation, direct, indirect, incidental, special, consequential, economic, exemplary or punitive damages (even if Administrator has been advised of the possibility of such damages), howsoever caused and whether based on breach of contract, breach of warranty, tort (including, without limitation, negligence) or otherwise, arising out of or in connection with (A) the use of, inability to use, or any modification, suspension or discontinuance of the DAU DIGITAL or any Administrator service, product or Content, (B) any unauthorized access, computer viruses, “Worms”, “Trojan Horses”, other limiting or disabling codes, designs, or routines, or other items or forces of an intrusive, disruptive or destructive nature, (C) unauthorized access to or alteration of any information or Content provided to You or (D) any other matter relating to the DAU DIGITAL or any Administrator service, products or Content. This limitation of liability does not apply to negligent or deliberately caused damage from injury to life, limb or health or for damage that is based on grossly negligent or willful acts by the legal representative of the administrator or his agents.

You agree to indemnify and hold Administrator, its officers, directors, employees, agents, shareholders, affiliates, licensors, suppliers, and any third party distributors and system integrators harmless from and against any and all damages, losses, costs including attorney fees and expenses resulting from any violation by You of these Terms or asserted by any third party due to or arising out of Your use of or conduct with respect to the DAU DIGITAL and its Content.

Administrator shall not have any liability to You by reason of any delay or failure to perform any obligation hereunder if the delay or failure to perform is occasioned by force majeure, which shall refer to any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, Governmental action, or other cause beyond its control.

6. DISCLAIMER OF WARRANTIES

Administrator expressly disclaims all representations, warranties and conditions of any kind, whether express or implied, by operation of law or otherwise, including, without limitation, non-infringement, the implied warranties of merchantability and fitness for a particular purpose and any implied representations or warranties arising out of a course of performance, course of dealing or usage of trade and any representations, warranties or conditions that (A) any DAU DIGITAL, and Administrator service, any products or any Content will meet Your requirements or will be compatible with Your computer or related equipment or software, (B) the Content, the Administrator services, or any Products are accurate, reliable, authentic, current, or complete or that they will meet Your expectations, (C) any DAU DIGITAL, the Content, the Products or any Administrator services will continue to operate, operate without interruptions or be error-free, (D) the Administrator websites will be uninterrupted, timely, secure or error-free, or (E) any errors in the DAU DIGITAL, the Content, the Products or the Administrator services will be corrected. You expressly understand and agree that You access and use any Administrator services at Your sole risk and that the Administrator services are provided on an “as is” and “as available” basis without warranty or assurance of any kind. No advice or information, whether oral or written, obtained by You from Administrator or through or from any Administrator website or any Administrator service shall create any representation or warranty not expressly stated in these Terms.

Administrator cannot ensure that You will be satisfied with any products or services that You purchase from Administrator on DAU DIGITAL.

7. LINKS TO OTHER SITES

Links or references to other web sites, products, services or publications (other than those of Administrator), including payment processing services, are provided merely as a convenience to You and do not imply the endorsement or approval of such sites, products, services or publications by Administrator. Administrator has no control over such sites and makes no representations, warranties or assurances as to any information on such sites or with respect to any such products, services or publications (and disclaims any representations or opinions expressed on such sites) and Administrator has no responsibility and shall not be liable for any damages or injury arising from anything related to them, including, without limitation, their Content. Administrator welcomes links to the DAU DIGITAL. However, You agree that if You link to a Administrator website Your website shall not:

(a) create frames around any part of an Administrator website or use other techniques that alter the visual presentation of an Administrator website;

(b) imply that Administrator is endorsing You or any other person, or Your or such other person’s products or services;

(c) imply an affiliation between You or any other person, or Your or such other person’s products or services, and Administrator without the prior written consent of Administrator;

(d) misrepresent the relationship of You or any other person to Administrator or present false, misleading or otherwise damaging information or impressions about Administrator or any of its products or services; or

(e) contain materials that may be interpreted as distasteful, harmful, offensive, or inaccurate.

8. PERSONAL DATA AND SECURITY

You agree that You will not share Your account or account information with others. You are responsible for taking reasonable steps to maintain the confidentiality of Your username and password, and You are responsible for all activities under Your account that You can reasonably control. You agree to promptly notify us of any unauthorized use of Your username, password or other account information, or of any other breach of security that You become aware of involving Your account.

You consent to our use of Your personal data exclusively for the purpose of implementing our obligations under these Terms.

9. TERMINATION

Administrator, in its sole discretion and at any time may terminate Your password, account or Your use of, or access to, any Administrator website or any Administrator services, or remove and discard any Content, for any reason including, without limitation, if Administrator believes that You have violated or acted inconsistently with the letter or spirit of these Terms or any applicable service terms for a particular Administrator service or Administrator website. Administrator may also, in its sole discretion and at any time, discontinue providing the DAU DIGITAL and/or any Administrator services, or any part thereof, with or without notice. Any termination of Your access to any Administrator service, Your password, or Your account under any provision of these Terms or such service terms may be carried out without prior notice and Administrator may immediately deactivate or delete Your account and all related information and files in Your account and bar any further access to such files or the Administrator services. Administrator shall not be liable to You or any third-party for any termination of Your access to any Administrator website or the Administrator services. If you have made payments for periods that lie after the termination of the use by the administrator, you will be reimbursed pro rata, unless the termination is due to a breach of duty on your part.

10. GOVERNING LAW

All DAU DIGITAL are controlled by Administrator from offices within the Land of Berlin, Federal Republic of Germany. By using the DAU DIGITAL, You agree that all matters relating to the access to, or use (whether direct or indirect) of, an Administrator website or any Administrator services shall be governed by the laws of the Federal Republic of Germany and by the laws of the Land of Berlin, if applicable. Both Administrator and You irrevocably submit to the non-exclusive jurisdiction of the Courts of the Federal Republic of Germany with respect to any matter arising hereunder or related hereto. The foregoing shall not limit the ability of Administrator to seek injunctions and remedies in other jurisdictions that are required to stop continuing breaches of these Terms or any other Administrator service terms by You. Administrator makes no representation that the materials on any DAU DIGITAL (including the Content) are appropriate or available for use in other countries, than the country of domicile of the Administrator, and Your access of any DAU DIGITAL from territories where their Contents are illegal is prohibited. Those who choose to access the DAU DIGITAL or the Content from other locations do so on their own initiative and are responsible for compliance with all applicable laws (including all local laws).

11. GENERAL

These Terms, the Service Purchase Agreements and other Administrator statements explaining Administrator’s privacy policies and practices however provided to You and incorporated herein by reference, and the specific terms and conditions of the applicable DAU DIGITAL Product, constitute the entire agreement between You and Administrator and govern Your use of all Administrator services and Products and supersede all other agreements and understandings. The headings preceding the text, articles and sections hereof have been inserted for convenience of reference only and shall not be construed to affect the meaning, construction or effect of these Terms. If a competent court declares a provision of these conditions invalid or unenforceable, the one that comes closest to the commercial purpose of the invalid or unenforceable provision should be considered as agreed instead. In any event, the other provisions of these Terms shall remain in full force and effect. No single or partial exercise or failure by Administrator to exercise, and no delay in exercising, any right under these Terms shall operate as a waiver of such right.

You agree that any claim arising out of or related to the use of the Administrator service, the Products, the DAU DIGITAL or these Terms must be filed within one month in text form.

The Administrator does not participate in alternative dispute resolution procedures before a consumer arbitration board and is not legally obliged to do so.

You further agree that declarations by the Administrator, including account-related information (e.g. payment authorizations, invoices, changes to the password, etc.), will be sent to the email address you have provided.