General Terms & Conditions
for use of the internet portal by PRESSLIVE media communications agency
1. Parties to the contract
The parties to the contract are PRESSLIVE media communications agency (hereinafter referred to as “PRESSLIVE”) and you as a journalist.
2. Subject matter of the contract
The subject matter of the contract, in as far as no individual agreements are reached, results from these General Terms & Conditions (hereinafter referred to as "GTC") for use of the internet portal www.presslive.de and all its subdomains (hereinafter referred to as "internet portal").
3. Costs
(1) The registration and use of the internet portal are free-of-charge.
(2) The content available on the internet portal may be used free-of-charge for journalistic purposes to the extent outlined in Item 6. Only in exceptional cases shall there be a charge for content. Such content shall be explicitly indicated.
4. The internet portal
The internet portal contains content – amongst others streaming media – for use for journalistic purposes. It is aimed at media outlets, editors, and freelance journalists from print, radio, TV and online media. Successful registration is required for use of the internet portal.
5. Registration procedure
(1) You can register for use of the internet portal via the online PRESSLIVE registration form. When you fill out the online registration form, you will be asked to provide your contact details. You will have the option of accepting these GTC and will be asked to agree to their validity. After declaring your compliance, you will be asked to send your registration request to us.
(2) After we have received your registration request, you will be sent a confirmation email. PRESSLIVE will verify you registration request promptly. We reserve the right to reject your registration request without statement of reasons. Should the suspicion exist, for example, that this is a fictional registration attempt without journalistic background, PRESSLIVE is entitled to reject the registration request without statement of reasons. Twelve hours after your registration request at the latest, you will receive your access data by email, which allows you to log on to the editorial area on the internet portal, even if the verification of your registration request has not yet been completed. Therefore, your registration request can still be blocked or rejected at a later point in time without statement of reasons.
(3) You are obligated to protect your access data from unauthorised access by third parties.
6. Use of the content available on the internet portal
(1) All content available on the internet portal may be used for journalistic purposes exclusively. The content is made available to you on the internet portal for viewing, listening and for download. You may reproduce, process, send, and disseminate the content and make it publicly accessible on the internet for journalistic purposes. It is not permitted, however, to enable the download of content by third parties or to pass on the content to third parties. Such use of content is only permitted with prior authorisation in writing by PRESSLIVE.
(2) The use of content is permitted solely when it serves the journalistic publications of the company which the relevant media outlet/editor is a member of or for which the relevant journalist is carrying out work on a specific topic.
(3) Naming of "PRESSLIVE" as the author of the content is not required.
(4) You are not permitted to pass on content to any other media outlet other than the one you are working for or to other journalists in order to increase you own service offerings or to achieve financial gain. Such use always requires written permission from PRESSLIVE.
(5) You are not permitted to use the content available on the internet portal to the detriment of PRESSLIVE.
(6) Should the content made available on the internet portal be subject to collecting society fees, within the scope of use of the content you are responsible for purchasing any required rights from the relevant collecting society.
7. Your duties
(1) Within the framework of the registration procedure, you are obligated to provide truthful information. (2) PRESSLIVE and its assistants shall be exempted from any claims by third parties including the adequate costs of legal expenses resulting from any unlawful or prohibited reporting actions as pursuant to these GTC, particularly as per Item 6, or any such action resulting from your authorisation. Should you recognise such a violation, you are obligated to inform PRESSLIVE forthwith.
(3) Should you violate the duties resulting from these GTC and individual agreements, you are obligated to compensate for the resulting damage.
(4) In case of grave violations of the abovementioned duties, after prior warning PRESSLIVE is entitled to discontinue the relevant services.
8. Force majeure
PRESSLIVE is exempt from its obligation to provide services in cases of force majeure. Force majeure includes all unpredictable events as well as events whose effects on the fulfilment of the contract cannot be supported by either party to the contract. Among these events are particularly – without this being a complete list – natural catastrophes, industrial action measures, also in third-party companies, interruption of electricity, telecommunications and internet services as well as regulatory measures.
9. Liability
(1) PRESSLIVE shall assume unlimited liability for all resulting damages in cases of intent or gross negligence as well as in the absence of a guaranteed feature.
(3) In cases of slight negligence PRESSLIVE is liable in cases of injury to life, body or health. If PRESSLIVE falls behind on the provision of its services due to slight negligence, if PRESSLIVE is unable to provide its services or if PRESSLIVE has violated a major contractual obligation, PRESSLIVE’s liability for the resulting property and financial damage is limited to the predictable damage typical for the contract. Essential contractual obligations in this sense are obligations without which proper compliance with the contract is impossible, where a violation endangers reaching the purpose of the contract and adherence to which can be relied on regularly.
(4) PRESSLIVE is exempt from liability for any other damages.
(5) Liability as pursuant to product liability law remains unaffected.
(6) In as far as PRESSLIVE’s liability is excluded or limited as per the abovementioned regulations, this also applies to PRESSLIVE representatives, employees and assistants.
(7) Should you violate the duties resulting from this contract, you are obligated to compensate for the resulting damage.
10. General conditions
(1) No verbal additional agreements are made. In as far as these GTC do not state this as mandatory, written text will suffice.
(2) PRESSLIVE is entitled to deploy third parties as sub-contractors and/or service providers for the fulfilment of the duties as per this contract. PRESSLIVE is liable for the service provision by third parties as well as for its own actions.
(3) The transfer of rights and duties from this contract by you requires prior agreement in writing by PRESSLIVE.
(4) We object to the inclusion of your own general terms and conditions.
(5) In as far as you are a merchant as defined by the Commercial Code, a legal person of public law or a public law special estate, Düsseldorf is the place of fulfilment and court of jurisdiction. However, PRESSLIVE reserves the right to take legal action in your general court of jurisdiction, too. Any exclusive place of jurisdiction shall remain unaffected.
(6) For this contract, German law applies excluding the UN Convention on Contracts for the International Sale of Goods.
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