INTRODUCTION
Welcome to my INTERNET PORTAL! Thank you for visiting and have a great time. Please read this document carefully. It contains important information about your rights and obligations and your access to and use of this INTERNET PORTAL and/or Services.
The TERMS are organized in the following manner:
§1 OPERATOR OF WEBSITE AND DEFINITIONS
§2 SCOPE OF TERMS
§3 USAGE OF SERVICES
§4 YOUR ACCEPTANCE OF TERMS
§5 AMENDMENTS TO THESE TERMS AND CHANGES TO THIS PORTAL
§6 REGISTRATION AND ACCESS AUTHORIZATION
§7 SUBMISSIONS
§8 DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
§9 PROTECTION OF PRIVACY
§10 RIGHTS OF USE; INTELLECTUAL PROPERTY; TRADEMARKS
§11 HYPERLINKS
§12 SUPPLEMENTARY AGREEMENTS, PLACE OF JURISDICTION, APPLICABLE LAW
§13 Invalid Clauses
§1 OPERATOR OF WEBSITE AND DEFINITIONS
This INTERNET PORTAL is operated by Dr. Guido Nageldinger, here called Nageldinger Film. I work as producer, director of photography and voice-over artist on a freelance basis with offices for purposes of correspondence relating to this INTERNET PORTAL at following address:
Nageldinger Film
Dr. Guido Nageldinger
Luehedeich 12A
21720 Gruenendeich
Germany
voice: +49 4142 813520
FAX: +49 4142 813521
e-mail: CONTACT FORM
In case of any questions or concerns related to these TERMS OF USE I kindly request you to use the contact details above or the contact application form. NAGELDINGER FILM employs less than 10 employees and is therefore not required to appoint a data protection officer according to (BDSG, Federal Data Protection Act (of Germany)).
My VAT identification number according to §27a German VAT law is DE 22 66 89 691. The German tax identification number is 54/511/12882. The relevant tax office is: Finanzamt Stade, Harburger Strasse 113, 21680 Stade, Germany.
The following definitions apply to these Terms of Use:
“INTERNET PORTAL” or “PORTAL”
“INTERNETPORTAL” or “PORTAL” are all SERVICES, which are provided by NAGELDINGER FILM, and which can be called within the world wide web by the use of the following main-domains (URL’s) and its sub-domains and aliases
www.nageldinger-film.de
nageldinger-film.de
www.film-producer.biz
film-producer.biz
www.nageldinger.com
nageldinger.com
www.cameraman.cc
cameraman.cc
or made available by other electronical means, such as a copy of this PORTAL on a CD, DVD or hard disc, or through access devices such as PCs, laptop computers, mobile telephones, PDAs, digital cameras, televisions or other network-enabled devices, on which these TERMS are posted or which is expressly referred to in connection with USER being requested to agree to these TERMS.
“TERMS”
“TERMS” means these Terms of Use.
“USER” or “you”
“USER” or “you” means any person who accesses or uses this PORTAL, with or without Nageldinger Film’s authorisation and whether or not you are registered to use this or part of this PORTAL or a member or registered User of a Service offered through this site.
“REGISTRATION” and “USER DATA”
Unfortunately a REGISTRATION is necessary in order to gain access to a variety of SERVICES within this PORTAL. After REGISTRATION you obtain your USER DATA, which consist of access name and password.
“SERVICES”
“Services” means any functions, facilities, applications, information or other services available through this PORTAL (including, where applicable, ISP (internet service provider and/or internet access) services).
“PRODUCTS”
“PRODUCTS” means any item of visual -, acoustical – and/or content wise nature, produced or developed by Nageldinger Film, which includes third parties, or by which Nageldinger Film participates on its production or development.
“PORTAL CONTENT” means PRODUCTS and SERVICES.
Certain other terms, such as “MATERIAL”, are defined in the text below.
§2 SCOPE OF TERMS
These TERMS regulate the use of this PORTAL. Scope of this PORTAL is:
- To sell licenses/rights of use related to PRODUCTS;
- The provision of service offers and
- To simplify license deals as well as handling of service offers.
These TERMS don’t regulate:
- „Rights of use“ related to the PRODUCTS offered within the PORTAL; The „rights of use“ are regulated by separate license agreements.
- Service offers provided by NAGELDINGER FILM; Service offers are regulated by separate service agreements.
- Productions of any form, which include co-productions as well; Productions are regulated by separate production agreements.
§3 USAGE OF SERVICES
SERVICES provided within this PORTAL are only allowed to be used:
- To obtain information about NAGELDINGER FILM, its service offers and PRODUCTS;
- To send a message by the use of the contact application;
- To address an electronic request in order to obtain additional information about NAGELDINGER FILM’s PRODUCTS and service offers; and
- To obtain documents from the down-load area electronically, in order to proceed with a business process in a simplified manner
Please note, the usage of SERVICES within this PORTAL for other purposes, which are not explicitly mentioned within these TERMS, are prohibited. SERVICES and PRODUCTS by NAGELDINGER FILM are protected by intellectual property rights.
§4. YOUR ACCEPTANCE OF TERMS
By using this PORTAL, you agree to be bound by the Terms set forth herein, without restriction or limitation. These Terms were last updated on 1. September 2009.
Areas of this PORTAL within the proprietary online service offered by Nageldinger Film may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Any such terms will not vary or replace these terms regarding any use of this PORTAL, unless otherwise expressly stated.
§5. AMENDMENTS TO THESE TERMS AND CHANGES TO THIS PORTAL
Nageldinger Film may revise these terms at any time by updating this page. Changes will be binding on you on the date they are posted within the PORTAL (or as otherwise stated in the any notice of such changes). Any use of the PORTAL be considered acceptance by you of the then-current terms. If at any time you find the terms unacceptable, you may not use the Site any longer.
Any new or different terms supplied by you are specifically rejected by Nageldinger Film unless Nageldinger Film agrees to them in a signed writing specifically including those new or different terms.
Nageldinger Film may change this PORTAL CONENT at any time.
NAGELDINGER FILM may stop the operation of this PORTAL in full or in part at any time. Due to the nature of the internet and computer systems, NAGELDINGER FILM cannot accept any liability for the continuous availability of this PORTAL.
§6. REGISTRATION AND ACCESS AUTHORIZATION
You can access a variety of pages without access authorization. In order to maintain safe and secure business transactions, some information is only available to users registered. Nageldinger Film reserves the right to deny registration to any User. Nageldinger Film particularly reserves the right to apply a registration procedure to web pages, which were previously freely accessible. Nageldinger Film is entitled at any time and without obligation to provide reasons to deny the User the right to access the password-protected area by blocking its User Data (as defined below), in particular if the User
- uses false data for the purpose of registration;
- violates these Terms or neglects its duty of care with regard to User Data;
- violates any applicable laws in the access to or use of this PORTAL; or
- did not use this PORTAL for a longer period.
For registration the User shall provide accurate information. If these information provided change over time then an update of such information (to the extent possible: online) is required without any delay. The User shall ensure, that e-mails can reach its e-mail address, as supplied to Nageldinger Film, at all times.
Upon registration the User will be provided with an access code, comprising a User ID and a password, now called “User Data”. On first access the User shall promptly change the password received from Nageldinger Film into a password known only to the User. The User Data allows the User to view or change its data or, as applicable, to withdraw its consent to data processing.
The User shall ensure that User Data is not accessible by third parties and is liable for all activities carried out under its User Data. At the end of each online session, the User shall log-off from the password protected websites. If and to the extent the User becomes aware that third parties are misusing its User Data the User shall notify Nageldinger Film immediately in writing or by e-mail. After Notification, Nageldinger Film will deny access to the password-protected area under such User Data. Access by the User will only be possible again upon the User’s application to Nageldinger Film or upon new registration.
The User may at any time request termination of its registration in writing, provided that the deletion will not violate the proper performance of contractual relationships. In such an event Nageldinger Film will delete all user data and other personally identifiable stored data of the User as soon as these data are no longer needed.
§7. SUBMISSIONS
NAGELDINGER FILM is pleased to hear from its customers and PORTAL users and welcomes your comments. However, the unsolicited submission of creative ideas in a visual, acoustical, written or electronic format, such as work samples, suggestions, demo material or other similar items, here called “MATERIAL”, is forbidden and not considered. This measure is necessary in order to avoid the possibility of future misunderstandings when PRODUCTS by Nageldinger Film might seem to others to be similar to their own creative work or overlap during the process of commercial utilization.
Submission of MATERIAL to Nageldinger Film requires the written permission.
If MATERIAL is provided on an unsolicited basis then the sender accepts the fact that Nageldinger Film (i) is not obligated to treat this MATERIAL confidentially and (ii) is also not obligated to return the MATERIAL to the sender. If the sender should not collect the MATERIAL within four weeks and/or arrange its collection, then it is destroyed. The sender commits itself that the MATERIAL submitted does not violate any copyright -, patent – and/or trademark laws of the Federal Republic of Germany. The sender commits itself not to send “originals”. The sender commits itself, not to assert any claims against Nageldinger Film or collaborating third party in case an overlap of visual -, acoustical – and/or content wise nature exist between the unsolicited MATERIAL submitted by the sender and PRODUCTS by Nageldinger Film.
§8. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Although care has been taken to ensure the accuracy of the information on this Web Site, Nageldinger Film assumes no responsibility therefore. All PORTAL CONTENT is provided “as is” and “as available”. Nageldinger Film hereby expressly disclaims any representations or warranties of any kind, express or implied, including without limitation warranties of merchantability, fitness for any particular purpose, non-infringement, PRODUCTS or SERVICES. Nageldinger Film does not warrant or make any representations as to the security of this web site. You acknowledge any information sent may be intercepted. Nageldinger Film does not warrant that the web site or the servers which make this web site available or electronic communications sent by Nageldinger Film are free from viruses or any other harmful elements.
In no event shall Nageldinger Film liable for any direct, indirect, consequential, punitive, special or incidental damages (including, without limitation, damages for loss of business, contract, revenue, data, information or business interruption) resulting from, arising out of or in connection with the use of, or inability to use this web site, PRODUCTS or SERVICES, even if Nageldinger Film has been advised of the possibility of such damages. Any action brought against Nageldinger Film pertaining to or in connection with this web site must be commenced and notified to Nageldinger Film in writing within one (1) year after the date the cause for action arose.
§9. PROTECTION OF PRIVACY
Nageldinger Film respects your privacy. When your personal data are collected, Nageldinger Film will protect your privacy and adhere to the here posted Privacy Policy. As the PORTAL may contain third party links, Nageldinger Film shall not be held responsible for how your personal information may be used when accessing or visiting these linked sites. During the course of your visit of this PORTAL, Nageldinger Film may place a small file called “cookie” on your computer to make the browsing more convenient to you. Though your computer can be identified with cookie, Nageldinger Film will not, without prior notification, use cookies, with other personal data, to identify you. You can set your browser to reject cookie.
§10. RIGHTS OF USE; INTELLECTUAL PROPERTY; TRADEMARKS
Nageldinger Film grants you non-exclusive and non-transferable permission to use the information contained within this PORTAL as suits your personal purposes.
All of the PORTAL CONTENT shown or displayed within this PORTAL, including, but not limited to, the text, logos, graphics, illustrations photographic images, moving images, illustrations, designs, software and written or other material including the program and code that operates this PORTAL is protected by copyright, or other proprietary rights owned by or licensed to NAGELDINGER FILM, unless specified otherwise.
You must obtain the prior written consent of NAGELDINGER FILM before you download, print, copy, adapt, store, process (by electronic means or otherwise) any of the PORTAL CONTENT or you carry out any other act restricted by copyright, unless you do so exclusively for your personal use and not for any commercial gain. In all cases NAGELDINGER FILM must be acknowledged as the source of the PORTAL CONTENT.
The name “Nageldinger Film” and the “Nageldinger Film” logo (*) are both trademarks of Nageldinger Film and registered in Germany and certain other countries. Any trade names and product names of other companies appearing within this PORTAL are all trademarks or registered trademarks of those respective companies. All these trademarks are protected by copyright, regardless of whether or not they are annotated with a trade mark symbol ( TM or ®) or have an initial capital letter or are written in capitals. You are obliged to follow laws related to copyright and trademarks, all other laws and international agreements concerning the protection of intellectual property. You are not authorised to remove trademarks or copyright notices from the information provided on this site or its PORTAL CONTENT or printouts and copies of the same.
Nageldinger Film logo
§11. HYPERLINKS
11.1 This PORTAL may contain hyperlinks to the web pages of third parties. Nageldinger Film shall have no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as Nageldinger Film does not control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be at the sole risk of the User.
11.2 Written permission by Nageldinger Film is required if you link or incorporate this PORTAL within your web pages.
§12. SUPPLEMENTARY AGREEMENTS, PLACE OF JURISDICTION, APPLICABLE LAW
12.1 Any supplementary agreement requires the written form.
12.2 The place of jurisdiction shall be Hamburg if the User is a merchant in terms of the German Commercial Code (Handelsgesetzbuch).
12.3 The Site is controlled and operated by Nageldinger Film from its offices within Germany. These Terms shall be governed by, construed and enforced in accordance with the laws of Germany, as they are applied to agreements entered into and to be performed entirely within Germany. Nageldinger Film makes no representation that PORTAL CONTENT is appropriate or available for use outside Germany. If you choose to access the Site from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from Germany or the country you reside in.
12.4 These Terms shall be governed by – and all disputes relating to or in connection with these Terms of Use or their subject matter shall be resolved in accordance with – the laws of Germany, to the exclusion of its conflict of laws rules. The application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) of 11 April 1980 is excluded.
§13 Invalid Clauses
The inoperativeness of one or several provisions of said TERMS does not affect the validity of the remaining provisions. In such case a provision is applicable which meets best the legal and economic aim of the inoperative provision. This does not apply in case complying with these TERMS would constitute unreasonable hardship for one or both of the parties.
This “Terms of Use” were changed on 1. February 2012.