TERMS OF USE FOR THE WEBSITE OF MEDIA-SATURN-HOLDING GMBH 1. Scope Any use of the websites provided by Media-Saturn-Holding GmbH and/or its subsidiaries (MSH; MSH website)) are subject to these Terms of Use. These Terms of Use may be augmented or amended by other terms and conditions (e.g. privacy policy, imprint, copyright or services). When you log on to a MSH website, you accept these Terms of Use in their then current version.
2. Content of the MSH website 2.1 MSH provides general information in the form of texts and images for information purposes on the MSH website. In addition, photographs, graphic images, film and audio material, as well logos, texts and other press material is made available for downloading.
2.2 MSH may stop the operation of the MSH website in full or in part at any time. Due to the nature of the Internet and computer systems, MSH cannot accept any liability for the continuous availability of the MSH website.
3. Registration, password 3.1 Some pages of the MSH website may be password protected. In the interest of the safety and security of business transactions, only registered users may access these pages. MSH reserves the right to deny registration to any user. MSH is entitled, at any time and without obligation to give reasons, to deny a user the right to access the password-protected area by blocking his or her user data, in particular if the user
• uses false data for the purpose of registration,
• violates these Terms of Use or any applicable laws when accessing or using the MSH website or
• has not used the MSH website for a period longer than 12 months.
3.2 Users must provide accurate information when registering. If this information changes, this information must be updated to reflect these changes. When you register, you are provided with a user ID and a password (user data). The user data allows you to view or change your data and to withdraw or extend your consent to data processing.
3.3 You are responsible for ensuring that your user data cannot be accessed by third parties. You are liable for any orders placed or any other transactions which are subject to charge or any activities that constitute an abuse of legal rights. If you are aware or suspect that third parties are misusing your user data, you must notify MSH without delay.
3.4 You may at any time request in writing that your user data be deleted provided that the deletion will not violate the proper performance of existing contractual relationships. In such an event, MSH will delete your user data, in particular any stored personal data, provided that this does not violate applicable law.
4. Data privacy protection When collecting, storing, using and processing your personal data, MSH will comply with applicable laws on data privacy protection and the MSH privacy policy, which can be viewed via the hyperlink
http://www.media-saturn.com/EN/Pages/Privacy.aspx.
5. Rights of use and copyrights 5.1 The use of any press material made available on the MSH website is also subject to these Terms of Use or, in the case of updates, is subject to the terms previously agreed to with MSH. Separate agreements, for example with regard to downloading files, override these Terms of Use.
5.2 MSH grants users a non-exclusive, i.e. simple and non-transferable right, to use the press material made available for downloading on the MSH website to the extent agreed or, in the event that no such agreement exists, to the extent of the purpose intended by MSH in making this material available.
5.3 Press material made available on the MSH website may not be distributed, leased, sold, procured or in any other way be made available to third parties by the user as far as this is not necessary for the respective application purpose. Reproduction is only permitted to the extent agreed or, if no such agreement exists, to the extent required for the intended purpose.
5.4 The contents of the MSH website are protected by copyrights, trademark rights or other rights. The press material made available on the MSH website is protected by copyright laws and international copyright treaties as well as other laws and conventions related to intellectual property. These rights must be observed. Trademarks and copyright notices must not be removed from any press material made available on the MSH website or any copies thereof.
5.5 Content which is not provided for private or commercial use or for downloading may only be displayed in unaltered form on the screen for reasons of intellectual property rights to the contrary.
5.6 Notwithstanding the aforementioned provisions, information, brand names and other contents of the MSH website may not be changed, copied, reproduced, sold, leased, relinquished, used, supplemented, changed, manipulated or distorted without the prior permission of MSH.
5.7 Except for the rights expressly granted herein, no other rights are granted to the user, in particular rights to the company name and industrial property rights such as patents, utility models, contents, including the layout of the MSH website, or brands.
5.8 MSH may, without charge or limitation, use any ideas or proposals stored by a user on the MSH website for the development, improvement and sale of its products.
6. Duties of the user When using the MSH website, you must not
• harm other persons or infringe upon their personal rights;
• violate public policy and normal etiquette (“netiquette”) by your manner of use;
• violate any intellectual property rights or any other proprietary rights;
• upload any contents containing a virus, or so-called “Trojan Horse”, or any other program that could damage IT systems;
• transmit, store or upload hyperlinks or contents to which you are not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful;
• distribute advertising or unsolicited e-mails (spam) or inaccurate warnings of viruses (hoax) or similar material, and you must not solicit or request participation in any lottery, raffle or similar activity.
7. Links to other websites The MSH website may contain hyperlinks to the websites of third parties. The use of such websites is at the sole risk of the user. MSH has no control over the contents of the websites operated by third parties and therefore assumes no responsibility for such websites with regard to data protection, data security or content, nor does MSH make any representations about or endorse such websites or their contents as its own. MSH will, however, follow up on any information you may provide and, if necessary, remove an external hyperlink from the content of the MSH website if it violates these Terms of Use or current law.
8. Internal authority 8.1 In order to meet legal obligations or avert impending damage to MSH, we reserve the right, if necessary, to delete content without prior notice, restrict access to this content either partially or in full, or move content to another part of the MSH website.
8.2 MSH reserves the right to deny access to the MSH website either temporarily or permanently at any time, in particular if the user repeatedly breaches any obligation arising from these Terms of Use. In the case of legal violations and/or violations of these Terms of Use, MSH reserves the right to take legal action.
9. Liability 9.1 MSH provides accurate and complete information on its website to the extent that this is reasonably possible. Insofar as press material is made available at no cost, any liability with regard to accuracy, up-to-dateness, correctness, completeness, absence of claims or third party rights or in relation to fitness for purpose are excluded except for cases involving willful or fraudulent misconduct.
9.2 The liability of MSH is excluded unless required by law, e.g. under the Product Liability Act, in cases of willful misconduct, gross negligence, and, regardless of the degree of fault, in the case of guarantees or warranties, as well as in cases of personal injury or death, fraudulent concealment or a defect. Damages are, however, limited to the contract-typical, foreseeable damage if there is no willful misconduct or gross negligence.
9.3 Although MSH makes every endeavor to keep the MSH website free from viruses, MSH cannot make any guarantee that it is virus-free. For your own protection, you should therefore take the necessary steps to ensure appropriate security measures and utilize a virus scanner before downloading any press material.
10. Validity and responsibility for content 10.1 The current version of these Terms of Use comes into effect as of 14.05.2008 and remains valid until a newer version comes into force. MSH reserves the right to modify, add or remove any terms or conditions of these Terms of Use without prior notice. The terms and conditions relating to press material agreed previously with MSH apply to press material.
10.2 In accordance with § 5 of the German Telemedia Act (TMG) and § 55 II of the Interstate Broadcasting Agreement (RStV), Media-Saturn-Holding GmbH, Corporate Communications, is responsible for the content of the MSH website; contact person: Sven Jacobsen; address: Wankelstraße 5, 85046 Ingolstadt, Germany; telephone: +49 (841) 634-1111 or e-mail:
presse@media-saturn.com, insofar as articles or parts of the website are not specifically mentioned as being the responsibility of others.
10.3 The individual pages of the MSH website are provided by and are the responsibility of MSH itself and/or its subsidiaries. The company responsible for the respective content is indicated on the appropriate pages insofar as this is not MSH. The pages comply with the laws applicable in the country where the responsible company has its business residence. MSH takes no responsibility that content available on a MSH website is available for viewing or downloading at locations outside the country for which it is intended. If you access certain MSH web pages from a country for which the content is not intended, you alone are responsible for compliance with all applicable local laws.
11. Other 11.1 If the user is a merchant as designated under §4 of the German Commercial Code, a legal entity under public law or a special fund under public law, the place of jurisdiction is Ingolstadt unless a different exclusive place of jurisdiction is specified.
11.2 These Terms of Use are governed by the laws of Germany. Application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) and the terms of the EGBGB valid with regard to this matter are excluded.