Terms of Service
General Business Statues of the Mevango GmbH, “Filmme”
Please note; that this agreement was written in German (DE). To the extent any translated version of this agreement conflicts with the German version, the German version controls.
1.1 “Flimme” in particular the Flimme Mobile App and the website www.flimme.com for recording, saving, administrating and distribution of Video streams, as well as all other services, including the archiving of data under assignment on the services by the Mevango GmbH in the following “operator” Bismarckstraße. 10-12, 10625, Berlin, DE. Email: firstname.lastname@example.org.
1.2 “Content” is the recorded video streams, Information, graphics or photos, or any other digital material produced by the flimme users.
1.3 “Users” are persons that use the Flimme service to record, share, and or watch video streams on the Flimme platform.
1.4 “Terms of Service” are the general terms and conditions for use.
2. Jurisdiction of Statutes
2.1 These Terms of Service are in effect in regard to the relationship between the operator and the users of the services of Flimme.
2.2. With their use of the Flimme services, the user declares themselves in agreement with the validity of these conditions for use. In the event that user does not wish to be bound by these conditions of use, the user may not use the Flimme service.
2.3 These conditions of use are also valid for future contractual relations.
2.4 Proprietary contracts and conditions of use from the users themselves are explicitly not accepted.
2.5 Mevango reserves the right to alter these Terms of Service in the future. In the event that the operator does alter the Terms of Service , the user will be informed in a timely manner and will be granted the opportunity of assent or rejection. In this instance, The operator will notify the user that the accepted changes are enforceable, if they are not objected to within a four week period after said changes. If in this time period of notification the user does not voice any position, their accordance will be taken as granted.
3. Items of Service (Basic Terms)
After registration the Flimme mobile app allows Users to send video streams with mobile devices, for example Smartphones or Tablet -pc’s.The video streams are saved on the operator’s servers and made available on individualized subsites on www.flimme.com. The Registration allows the user to login to a userpage at flimme.com and manage the individual streams. As long as the user doesn’t take any action to hide the video streams they are available to view to the general public. The user can share live video over the internet bei sharing a short link to an individual or group of individuals, using third party services such as Email or Short Message Service (SMS) including various Social Networks. The free service allows the videos to be available to the user for a limited time.
4. Registration (Account and Username)
4.1 Users can register an account with Flimme. The user is free to choose a username under the following conditions. The username has to be longer than 3 characters. The username is not allowed to be in violation of German Law or the general guidelines set forth in these Terms of Service. Users are specifically not allowed to choose a username that violates any copyright or trademark or otherwise protected names belonging to others or violates the rights of any natural Person or have intent to do so. Usernames are not allowed to be vulgar, sexist, deragatory, sedistic, rassistic, poronographic, obsene or suggest violence is glamorous or harmlose in any way as well as contra bones mores or deemed immoral to public perception.
4.2 The Registration information (Username and Password) that the user has chosen to use the Flimme services are individual and cannot be used for more than one person at any given time or may not be used by someone other than the user themselves. The user is required to report any loss or unlawful access or use of their account information.
4.3 Mevango Reserves the right to remove any usernames deemed to violate these Terms of Service at anytime and without regress.
5. Usage Rights (Nutzungsrechte)
5.1 The Operator is the sole owner of the copyright as well as any other industrial copyrights on Flimme, and reserves all rights on Flimme as long as these Terms of Services do not otherwise grants these rights.
5.2 The operator grants the user a non-exclusive, revocable, non-transferable and royalty-free right for the use of the flimme service in so far that this is a part of the Terms of Service laid out in this document. The user’s rights however is limited to private use. Any use of Flimme, without express written consent, including those in extracts, especially for commercial ends, notwithstanding professional or other business purpose is not allowed.
5.3 The user is prohibited to copy, rent, sell, lease notwithstanding to change or sublicense, Flimme in its parts or entirety. It is also expressly prohibited to decompile, disassemble, or reverse engineer the Flimme Service or any part thereof.
5.4 The user is also not allowed to photograph or film any of the video streams or fotos made availble through flimme.com (live or recorded).
6. Content Use
6.1 By recording content and video streams or uploading the same on the Flimme website, the user grants Flimme a worldwide, non-exclusive and royalty-free license for the use, the production of copies, the marketing and distribution, the creation of derivate works, to modify, adapt, publish, distribute, sublicense, present, syndicate and broadcast without any compensation paid to the user. Flimme is authorized to save this content and to furnish it on their website as Video–on–Demand. The user also agrees that this license includes the right for Flimme to provide, promote and to make content submitted to or through Flimme available to other companies, organizations or individuals who partner with Mevango.
6.2 Flimme will not be responsible or liable for any use of the content by the User in accordance with these Terms. The user represent and warrants that he has all the rights, power and authority necessary to grant the rights granted herein to any content that he submit.
The user though has the right to erase their content from the website at any time.
7. Data Security (content deletion)
Data proffered by users, especially video streams, will only be saved on third party server systems if they adhere to basic security regulations. Loss of data is possible as a result of accidents, hardware or software outage or acts of nature beyond control. It is the duty of users to provide security copies of their data and to upload such again to the website of Mevango. Flimme may internally copy data which could be restored. Nevertheless, there is no entitlement or requirement for any restoration of Mevango or for any restoration generally.
8. Responsibility of the User
8.1 The user of services is solely responsibility for any content they transmit as well as for their own conduct on the Flimme website. This is especially in effect for the video streams distributed by Users through Filmme.
8.2 The user will also be responsibility to Flimme for content provided by a third or further party, that occurs in the framework of their membership. This also applies for any other conduct of the use on the Flimme platform.
9. Interdicted Uses
9.1 The user is obliged to comply with these applicable laws, these conditions of use and good mores. The user is bound to the following:
to not broadcast content that is pornographic, inflammatory, violent or displaying mistreatment of animals
to not distribute or record content for which they do not possess authorization under public law.
to not record or distribute any content that may injure the personal rights of any hird party, especially pursuant to section 22 et seq. f. German Kunst und Urhebergesetz, or copyright, trademark or patent rights or any other rights.
the observation of applicable data protection regulations when content is recorded and broadcast
9.2 Mevango withholds the right to investigate the content of any user to determine whether they are in accordance for permissible use according to these conditions of use, without assuming obligation thereto. In the case of any breach or the probability of any breach, Flimme is authorized to alter, block or also to erase any user. None of the aforementioned disturbs the validity of any other claims on the part of Flimme.
10.1 Flimme is liable notwithstanding these preceding rules and the subsequent limitations of liability without limitations as for injury to life, body and health, as wrought by a legal representatives or their associates for a negligent or willful breach of duty, as well as liability for damages encompassed within production responsibility (Produkthaftungsgesetz), as well as for all damages based upon deliberate or gross negligent breaches of contract as well as deceitful intent of legal representatives and their associates.
10.2 Flimme is also liable for injury resulting from negligence, in case of simple negligence for the breach of contractual responsibilities, which have an extraordinary significance for the purpose of the contract. Flimme though is only liable to the extent to which these injuries are foreseeable and are bound to the contract in a typical manner. Flimme is not liable for the rest of simple negligent injury for incidental, contractually non-essential items. Liability limitations as found in paragraphs 1-3, are also in effect, in so far as the liability applies to and concerns legal representatives, leading management employees and related associates.
10.3 Any further liability without consideration of the legal nature of any validity making claim is excluded. In so far as the liability of Flimme is excluded or limited, this also applies to the personal liability of employees, managers, co-workers, representatives and associates.
10.4 Flimme is not liable for content made available through third party links that are clearly marked as such. Flimme cannot be held responsible and has no jurisdiction or control over the respective linked pages or its content and declines any responsibility for the content therefrom.
11. Trademark Rights of Third Parties
11.1 The user places Flimme free from all claims, including compensatory damages. This holds in effect even from other users or other third parties who perceive an infraction upon their rights as the result of material uploaded upon or generated from the Flimme website as well as other use of the services of Flimme especially concerned any infringement upon the duties outlined in paragraph 8 of this Terms of Services. The user assumes from Flimme all commensurate and emerging costs resulting from the injury of a third party, including emergent and commensurate costs from a legal defense. All further rights as well as compensatory damage claims from Flimme remain here undisturbed.
11.2 The preceding duties of the user are not in effect, in so far as the user does not have to answer for the legal breach in question. The user is responsible for willful intent and willful negligence.
11.3 If any user injures a third party through their use of Flimme, the user should cease the illegal or non-contractual use when prompted by the operator.
12. Contract Termination
12.1 Users may cancel their membership with immediate effect for any reason.
12.2 Flimme reserves the right to cancel the membership of any user. This is especially the case if the user is in breach of any of the obligations as elucidated in paragraph 8.
Flimme is not obliged to any constant availability of its Flimme services. Any expansion of service, disruptions, repair work and the implementation of maintenance agreements may make it necessary to interrupt services. Should it be possible, Flimme will release an advisory of any interruption in a timely fashion.
14. Data Protection
Data protection is individually regulated in a separate declaration of data protection. Link: http://flimme.com/legal/en_Privacy.html
15. Choice of Law and Jurisdiction
15.1 The law of the Federal Republic of Germany is in effect for these terms and conditions of use.
15.2 With respect to juridical individuals, public law and merchants, the jurisdiction for all legal disputes in the contractual relations between Flimme and its users is agreed to be the state courts of Berlin, Germany.
16.1 Should any clause be void, the remaining part of these terms and conditions of use remains nevertheless valid.
16.2 Through these Terms of Services, Flimme can transfer rights here enshrined onto third parties.
16.3 COPYRIGHT AND TRADEMARK NOTICES. All contents of Site or Services are: Copyright © 2015 MEVANGO GMBH,. and its licensors. All rights reserved. The Flimme™ trademarks, logos, service marks, and trade names displayed on the Site and through the Services are registered and unregistered trademarks or service marks of Flimme or, where applicable, its licensors. All other trademarks, logos, service marks, and trade names referenced on Flimme™ are the property of their respective owners. All rights reserved.
Flimme and the User acknowledge and agree that (i) this Agreement is between Flimme and the User, and that Apple is not a party to this Agreement and (ii) that Flimme and the User are solely responsible for the Services and the content thereof.
18. Your Rights (to use the Service)
18.1 Your License to use the Services
18.1.1 The user further accords other users and third parties the right to use said content, especially to display video streams and distribute links on their websites. Flimme cannot monitor the content of websites from further users and third parties, that use the content of any user. Flimme takes no responsibility or liability for the surveillance of the websites of other users or of third parties.
18.1.2 Through the erasure of any content on the Flimme website, these rights accorded by the user are forfeited.
18.2 Rights of Flimme
18.2.1 The user receives the non-exclusive right to use the services of Flimme according to these conditions of use.
18.2.2 Content provided by the operator, in particular the design and composition of the web page, as well as the text, graphics, audio and image found there are protected by copyright, trademark and/or other protective rights.
18.2.3 The use of content of Flimme is subject to effective copyright, trademark and other laws of protection. Any use of the content, including those in extracts, especially for commercial ends, must receive prior approval from Flimme.
18.2.4 All right, title, and interest in and to Flimme Services are and will remain the exclusive property of Flimme. The user acknowledges and agrees that any feedback, comments, or suggestions he may provide regarding Flimme, or Flimme Services is entirely voluntary and Flimme will be free to use such feedback, comments or suggestions as Flimme sees fit and without any obligation to you.