Terms of use

Video.Taxi

1. Declaration of consent

1.1 Definition of terms

The products, features and services of Video.Taxi by TV1 GmbH are made available through mobile applications, websites, apps, application programming interfaces and sub-domains (“applications”). All of them are collectively referred to herein as “Video.Taxi by TV1 GmbH objects” or “services”. Live streams and videos on demand (VoD) are uniformly referred to as videos. These conditions apply to all websites and apps on which they are published; where other conditions or agreements are published instead, these take precedence over these conditions in the event of contradictions. The material, including information, data, text, editorial content, design elements, Look & Feel, formatting, graphics, images, photographs, videos, music, sound and other content embedded in or provided through the services or otherwise made available by Video.Taxi by TV1 GmbH in relation to the services are referred to herein as “website content” (or “content”). Material (including the categories listed above) that you contribute, post, publish or make available through the services is referred to as “your content”.

1.2 Description of persons

For purposes of these terms of use, the term “clients” refers to persons who use the services to host, upload or create live streams or Videos on Demand (VoD) that are displayed to users who use our services (a) to watch and, if applicable, pay for videos (“consumers”), or (b) for any other reason. Clients, consumers and third parties who use our services are collectively referred to in these terms of service as “users”, “you”, etc. Clients who offer videos to consumers for a fee (pay per view) are also referred to as providers or organizers. For the purposes of these terms of use, the terms “Video.Taxi by TV1 GmbH”, “we”, “us” etc. refer to Video.Taxi by TV1 GmbH as well as its executives, agents, partners and employees. Your contractual partner is TV1 GmbH, Beta-Str. 9a, 85774 Unterföhring (“Video.Taxi by TV1 GmbH”) as the operator of the website: www.video.taxi.

1.3 Furthermore:

As a client who offers chargeable tickets for videos, the Merchant agreement of Video.Taxi by TV1 GmbH also applies to you. Please check from time to time for further terms and conditions which may be referred to in the services you use, as these may also apply to you. Furthermore, by agreeing to these terms and conditions of use, you confirm that you have read the data protection conditions and the cookie declaration, which apply to all users. From time to time, we may provide services not described in these terms of use or custom services to you: Unless otherwise agreed in a separate signed agreement with you that expressly supersedes these terms of use, these terms of use also apply to those services.

1.4 Meaning of the “terms and conditions of use”

These terms and conditions of Use and the other documents referred to herein (including the documents referred to in section 1.3) together form the Video.Taxi by TV1 GmbH’s “terms”. These conditions constitute a binding agreement between you and Video.Taxi by TV1 GmbH, which regulates your access to and use of the services and sets out your rights and obligations when using the services. By using our services (including browsing a website), you agree to these conditions. If you refuse to agree, please do not use or access the services. If you are using the services on behalf of any entity (such as your employer), you are agreeing to the terms on behalf of that entity and its affiliates and represent that you are authorized to do so. In this case, “you”, “your” etc. refer to both this company and yourself.

2. Services and tasks of Video.Taxi by TV1 GmbH

2.1 Services of Video.Taxi by TV1 GmbH

As part of its services, Video.Taxi by TV1 GmbH offers clients simple and fast means to create and carry out live streams and to store retrievable videos (videos), to present these videos to visitors or viewers (consumers) on the services or at other locations on the internet, to manage tickets and registrations online, to collect donations.

2.2 Tasks of Video.Taxi by TV1 GmbH

Video.Taxi by TV1 GmbH is neither creator, organizer nor owner of the videos offered on the services. Rather, Video.Taxi by TV1 GmbH provides the services and enables clients to manage ticket sales and registration and to advertise videos, integrate them into their own websites or distribute them via social media. The client is solely responsible for ensuring that all content and images that he/she publishes on the services to present a video (as well as the video itself) comply with all applicable local, regional, national or other laws, rules or regulations. The client of a paid video chooses the payment processing method for their event as further described in the merchant agreement. Consumers must accept the payment processing method chosen by the client. If the payment processing is carried out by a third party provider according to the method chosen by the client, neither Video.Taxi by TV1 GmbH nor one of our partner services functions as a payment processing service; instead, in this case we only transmit the consumer’s payment details to the client’s processing service. If a client uses Video.Taxi by TV1 GmbH payment processing (as defined in the merchant agreement), Video.Taxi by TV1 GmbH acts as a limited authorized representative of the client for the sole purpose of collecting payments ordered by consumers via the services and forwarding these payments to the client via our partner services for payment processing or directly from Video.Taxi by TV1 GmbH.

3. Data protection and consumer information

3.1 We are aware of the importance of your personal information and our responsibility in relation to that information. Information provided by users to Video.Taxi by TV1 GmbH or collected by TV1 GmbH objects through Video.Taxi is subject to our privacy policy.

3.2 As a client, you assure, warrant and confirm (a) that you comply with all applicable local, regional, national and other laws, rules and regulations with regard to the information that you collect from (or receive about) consumers and (b) that you comply with all applicable guidelines published on the services at all times with regard to the information that you collect from (or receive about) consumers.

4. Contractual period; termination of contract

4.1 These terms are effective from the time you first access the services and shall remain in force until terminated. Termination by you or Video.Taxi by TV1 GmbH is possible in accordance with sections 4.2 or 4.3 below. In this case, these conditions generally lose their validity. However, in accordance with Section 4.4, some provisions remain effective for both you and Video.Taxi by TV1 GmbH beyond the duration of these conditions.

4.2 Video.Taxi by TV1 GmbH can revoke your right to use the services at any time, (a) if you violate these conditions, (b) if you misuse the services or use them in a way that is not intended or permitted by Video.Taxi by TV1 GmbH, or (c) if you violate applicable local, regional, national or other laws, regulations and ordinances or would expose Video.Taxi by TV1 GmbH to liability claims if Video.Taxi by TV1 GmbH were to continue to grant you access to the services. Video.Taxi by TV1 GmbH may discontinue the provision of the services in whole or in part at any time or change or replace any aspect of the services. We will make reasonable efforts to inform you in the event that your access to the services is terminated if, in our sole discretion, you would otherwise be significantly impaired in the exercise of your rights. You acknowledge that Video.Taxi by TV1 GmbH will not be liable to you or any third party for any termination of your right to use or access the Services.

4.3 By deleting your account, you can cancel your access to the services and the general applicability of these terms and conditions, unless otherwise agreed upon in a separate agreement between you and Video.Taxi by TV1 GmbH. If you use the services as a consumer without an account, the only way to cancel the applicability of these conditions is to never access the services again. As long as you continue to access the services, even without an account, these conditions remain in effect. If you have a separate agreement governing your use of the services, upon termination or expiration of such agreement, these terms shall continue to govern your use of the services (without modification by said agreement). 4.4 All provisions of these terms of service which by their nature should survive termination (including limitations of liability, indemnities, compensation, disclaimers of warranties, choice of law and venue, and intellectual property and license protections) shall survive termination.

5. Legal right of withdrawal for services provided by Video.Taxi by TV1 GmbH

The following applies exclusively to clients who are consumers (individuals who use the services for a purpose that cannot or not primarily be attributed to their commercial, professional or trade activity): You may have the legal right to withdraw from agreements without giving reasons within a revocation period of 14 days. In the case of service contracts, this withdrawal period ends 14 days after the day of the conclusion of the contract. By performing a livestream or uploading a video or selling the first ticket or registration, you confirm and expressly request that the provision of the services be commenced before the end of the 14-day revocation period and that you no longer exercise the right of revocation after the provision of the relevant services in full (e.g. sale of a ticket or registration via the services).

(a) Information on the right of withdrawal

Right of withdrawal:

You are entitled to revoke this contract without giving reasons within 14 days. The revocation period ends 14 days after the day of the conclusion of the contract. To exercise your right of revocation you must contact us at

TV1 GmbH

concerns Video.Taxi

Beta-Str. 9a

85774 Unterföhring

sales/at/tv1.eu

in an unequivocal statement about your withdrawal from the contract (e.g. by post or e-mail). For the purpose of compliance with the revocation period, it is sufficient if you send us the notification regarding the exercise of your right of revocation before the end of the revocation period.

Effects of a revocation:

If you cancel the contract, we will reimburse all payments received from you without delay, with the reimbursement being made no later than 14 days after the day on which you informed us of your decision to cancel the contract. The refund will be made using the same means of payment as used in the original transaction, unless otherwise expressly agreed with you, and in no event will you be charged any fees for the refund. If you have requested us to commence provision of the services before the end of the cancellation period, you shall pay us the pro rata amount accrued during the period from the commencement of provision of the services to the declaration of your cancellation (as compared to the amount that would have been payable if the contract had been fully performed).

(b) Legal right of withdrawal for consumers: Contact the provider For consumers: Contracts for tickets or registrations are concluded with the respective supplier. If you want to revoke your contract, you must therefore send a corresponding declaration to the organizer of the video in question. If you have a right of revocation with regard to purchased tickets or registrations, you must declare your revocation to the provider in order to exercise your right. You will find detailed information in the details of the provider. Please note, however, that in the following cases no right of withdrawal can be exercised:

(i) Your contract with the provider is for the provision of services relating to leisure activities on a specific date or during a specific period (e.g. a ticket for a video on a specific date);

(ii) The provider is an individual who uses the Services for a purpose that is not, or not primarily, related to his or her trade, business or profession; or

(iii) You are not an individual using the services for any purpose that is not, or not primarily, related to your trade, business or profession. The complete fulfillment of your contract by the organizer will take place within the withdrawal period of 14 days. For example, if you buy a ticket for a video, you cannot watch the video and then exercise your statutory right of withdrawal.

6. Indemnification and compensation

In this section, you agree to indemnify Video.Taxi by TV1 GmbH in the event that you use the services in a manner that exposes Video.Taxi by TV1 GmbH to legal claims or other claims for damages or demands in accordance with the provisions set out in this section, within the framework of the applicable laws.

6.1 Indemnification

You hereby agree to indemnify Video.Taxi by TV1 GmbH against all claims for damages (whether for direct or indirect damages, consequential damages or other damages), losses, liability claims, costs and expenses of any kind and nature, known or unknown, arising from disputes between you and third parties (including other users) in connection with the services or a video shown there. In addition, you hereby waive any and all applicable laws or regulations that state, in substance, that “A general release shall not affect any claim that the Indemnifying Party did not know or suspect to exist in its favor at the time of issuance of the release and which, if it had known, would have materially affected its settlement with the indemnifying party.

6.2 Compensation

You undertake to defend, indemnify and hold harmless Video.Taxi of TV1 GmbH, its affiliated companies and subsidiaries, as well as their executives, agents, licensors, payment processing partners, other partners and employees against all claims for damages (whether for direct or indirect damages, consequential damages or other damages), losses, liability claims, costs and expenses (including legal fees and accounting costs in a reasonable amount) and/or to indemnify, defend, and hold harmless any and all claims, demands, actions, proceedings (whether in arbitration, court, mediation or otherwise) or investigations by any third party (each, a “claim”) arising out of or relating to (a) your breach of these terms (including any terms, agreements or guidelines incorporated into these terms); (b) your use of the services in a manner that violates these terms or any other guidelines posted or provided by us; (c) your breach of any applicable local, regional, national or other laws, rules or regulations; or violation of third party rights by you, (d) the collection and remission of taxes by Video.Taxi by TV1 GmbH and (e) your videos if you act as a client (including cases in which Video.Taxi by TV1 GmbH has provided services in relation to these videos), whereby in the case of (e), compensation does not apply to claims arising from negligence or intentional misconduct by Video.Taxi by TV1 GmbH. Video.Taxi by TV1 GmbH will notify you in the event of such a claim, whereby your obligations hereunder are not limited by any failure or delay in the delivery of such notification by Video.Taxi by TV1 GmbH, as long as you are not significantly affected by such failure in the exercise of your rights and obligations. In addition, Video.Taxi by TV1 GmbH may decide to resolve the matter itself under certain circumstances, in which case you agree to cooperate with Video.Taxi by TV1 GmbH in any way that we request.

7. Disclaimer of warranty and assumption of risks

While we will make every effort to provide our services to you in accordance with your requirements, we would like to inform you that there are some contingencies that we cannot guarantee. Video.Taxi by TV1 GmbH will make every reasonable effort to provide services without interruption or error. However, due to the nature of the internet, this is not always possible. Video.Taxi by TV1 GmbH is also entitled to disconnect the services in whole or in part from the network from time to time for the purpose of scheduled repairs or maintenance work. Video.Taxi by TV1 GmbH will make every reasonable effort to inform you of such scheduled repairs and maintenance work in advance. Video.Taxi by TV1 GmbH accepts no responsibility for the content, products, services, actions or omissions of users or third parties - neither before the video, during and/or after the video. You acknowledge that Video.Taxi by TV1 GmbH has no control over and makes no warranty with respect to: the quality, security or legality of advertised video, the truthfulness or accuracy of the content or entries of users (including buyers, other non-organizers and clients) and the ability of users (including buyers and clients) to carry out or actually complete a transaction. In addition, Video.Taxi by TV1 GmbH is not affiliated with any third party providers whose services are used in connection with the services, does not act under any power of attorney or employment relationship with such third party providers and does not assume any responsibility for their actions or omissions. Nevertheless, Video.Taxi by TV1 GmbH will encourage clients to report any misconduct in relation to the services by contacting Video.Taxi by TV1 GmbH.

8. Limitation of liability

8.1 Notwithstanding any other provisions of applicable laws or provisions set out herein, neither Video.Taxi by TV1 GmbH nor any natural or legal person associated with the provision of services by Video.Taxi by TV1 GmbH (e.g. affiliated companies, dealers, strategic partners or employees) (“Affiliated Parties”), assume liability to you or third parties for (a) indirect, incidental, special, consequential, punitive or civil damages, including but not limited to loss of profits, loss of goodwill, loss of use or loss of other intangible assets (even if Video.Taxi has been advised by TV1 GmbH of the possibility of such damages) or (b) your content. With the exception of Video.Taxi by TV1 GmbH’s obligation to pay registration fees to certain clients in accordance with the merchant agreement, the maximum total liability of Video.Taxi by TV1 GmbH or its associated parties is limited to the following: (i) for clients of videos with chargeable tickets and in accordance with the provisions of the merchant agreement: the amount of the fees (less the Video.Taxi by TV1 GmbH payment processing fees) that you paid to us in the three (3) months immediately prior to the occurrence of the circumstances on which your claim is based, and (ii) for clients who offer only entry free videos with free registration, consumers or other users: (1) the total amount of all tickets you purchased through the services in the three (3) months immediately prior to the occurrence of the circumstances giving rise to your claim, or (2) one hundred EURO (100 EUR) if you did not make a purchase.

8.2 Nothing herein shall be construed as excluding or limiting any conditions, warranties, rights or liabilities which may not be excluded or limited by law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for consequential or incidental damages or for loss or damage caused by willful misconduct, negligence, breach of contract or breach of implied conditions. Accordingly, only those liability and other limitations apply to you (if any) that are permitted in your jurisdiction, and our liability is limited to the extent permitted by law.

9. License for the Video.Taxi by TV1 GmbH-Services

9.1 License for our services

We grant you a limited, non-exclusive, non-transferable, non-sublicensable (except for sublicensing by additional users registered with the services), revocable license to use the services for the sole purpose of (a) browsing the services and searching for, viewing, registering for, or purchasing tickets for a video featured on the services and/or (b) creating booking pages, client profiles and other websites for the purpose of advertising, promoting, administering, tracking and generating sales revenue for a video. Your use of the services must be in compliance with these terms and any applicable local, regional, national or other laws, rules or regulations.

9.2 License restrictions

Notwithstanding any other limitations, restrictions or prohibitions (whether in these terms or elsewhere), you agree that you will not, directly or indirectly, (a) copy, modify, reproduce, translate, localize, port or otherwise create derivative works based on the Services in whole or in part, (b) reverse engineer, disassemble or reverse engineer the services, decompile or otherwise attempt to discover the source code or the structure, sequence, and organization of the services in whole or in part; (c) rent, lease, resell, distribute, or use the services in any unauthorized or improper manner; (d) remove or alter any proprietary notices in the services; or (e) implement any action that will interfere with or disrupt the services.

9.3 Intellectual property rights and copyrights of Video.Taxi by TV1 GmbH

You acknowledge that all site content may be protected by copyrights, trademarks, service marks, trade secrets or other intellectual property rights or other proprietary rights and laws. The website content is the property of Video.Taxi by TV1 GmbH or is made available to Video.Taxi by TV1 GmbH in part through agreements with third parties. Website content that is included in the services or is available there is the exclusive property of Video.Taxi by TV1 GmbH and is protected by copyright. You undertake to use the website content only for purposes that are permitted under these conditions and any applicable local, regional, national or other laws, regulations or ordinances. All rights not expressly granted herein are reserved.

9.4 Brands.

The trademarks, service marks and logos of Video.Taxi by TV1 GmbH used and displayed in the services (the “Video.Taxi by TV1 GmbH trademarks”) are registered and unregistered trademarks or service marks of Video.Taxi by TV1 GmbH. Other company, product and service names used in connection with the services may be trademarks or service marks of third parties (the “third party trademarks”, together with the Video.Taxi by TV1 GmbH trademarks, are referred to as “trademarks”). The offer of the services may not be construed as the granting - tacitly, by forfeiture or otherwise - of a licence or right to use trademarks displayed in the services, unless Video.Taxi by TV1 GmbH has given its written consent to this specifically for the respective use. The trademarks may not be used to denigrate Video.Taxi by TV1 GmbH, a third party or the products or services of Video.Taxi by TV1 GmbH or a third party and may not be used in a manner that damages the goodwill associated with the trademarks. The use of trademarks as part of a website link is prohibited without the written consent of Video.Taxi by TV1 GmbH specifically for the respective link. The entire goodwill arising from the use of the Video.Taxi by TV1 GmbH brands is attributable to Video.Taxi by TV1 GmbH. Patents have been granted or registered for the services. In addition, the website content may be protected by copyrights of Video.Taxi by TV1 GmbH and/or third parties. Please note that you are violating these patent and copyright laws if you copy parts of the services.

9.5 Use of sub-domains

Video.Taxi by TV1 GmbH may grant you the right to use a sub-domain within the website (e.g. [sub-domain prefix].Video.Taxi.de). All sub-domains are the sole property of Video.Taxi by TV1 GmbH and we reserve the right to determine the appearance, design and functions as well as all other aspects of these sub-domains. If Video.Taxi by TV1 GmbH provides a sub-domain for you, you are only entitled to use it as long as you comply with the conditions including, without limitation, these terms of use. If Video.Taxi by TV1 GmbH terminates your right to use a sub-domain for any other reason, a new sub-domain will be provided for you.

10. Licenses and permits to be obtained by the client

As a client, you provide the following assurances and warranties without limiting the generality of other representations and warranties contained in these terms of use or elsewhere:

(a) You and your affiliates will obtain all necessary licenses, permissions and approvals (collectively, “approvals”) with respect to videos hosted by you or your affiliates on the services prior to commencing ticket sales.

(b) You and your affiliates will comply with all applicable laws, rules, regulations, rules and ordinances and ensure that videos hosted by you and your affiliates on the services comply with them;

(c) You commission Video.Taxi by TV1 GmbH to sell tickets for a video only after you have obtained all approvals for that video, including but not limited to approvals from regional, municipal or other local authorities regarding youth protection (if applicable) and other approvals that may be required, and you and your partners ensure that all required approvals regarding promotion, production, sponsorship, hosting and ticket sales in connection with videos hosted on the services by you and your partners are valid throughout the period of your access to the services.

(d) Without prejudice to the general validity of the provisions of these terms of use, as an incentive for Video.Taxi by TV1 GmbH to allow you to access and use the services, you agree to provide Video.Taxi by TV1 GmbH and its executives, representatives, shareholders, contractors, agents, partners and employees from all claims for damages (whether for direct or indirect damages, consequential damages or other damages), losses, liability claims, costs and expenses of any kind and nature including, but not limited to, attorney’s fees, known and unknown, resulting from or related to your or your partners’ licenses, failure to obtain or renew such licenses, or an error in obtaining or renewing such licenses.

(e) Without prejudice to your obligations to pay compensation in accordance with other provisions of these terms of use, you undertake to defend, indemnify and hold harmless Video.Taxi by TV1 GmbH and its executives, agents, co-branders, licensors, payment processing partners, other partners and employees against all claims for compensation (whether for direct or indirect damage, consequential damage or other damage), losses, liability claims, costs and expenses (including lawyer’s fees and accounting costs in a reasonable amount), or Indemnify, defend, and hold harmless any person or entity arising out of or related to your or your partners’ approvals, the failure to obtain or renew any such approval, or any error in obtaining or renewing any such approval. You further agree, upon a justified request by Video.Taxi, to immediately provide TV1 GmbH with proof of the existence of such approval and related information before you place tickets or registrations for videos for sale via the services.

11. Prohibition of web scraping or commercial use of website content

The website content is not intended for commercial use. You agree that you are not authorized to use the website content for your own commercial purposes. You also agree that you are not authorized to extract data from the websites by using web scraping, web crawlers or other automation features.

12. Fees and refunds

12.1 Fees of Video.Taxi by TV1 GmbH

Account creation and access to the services are free of charge. However, we do charge fees for the sale or purchase of chargeable tickets or registrations, for the hosting of videos, live streaming and the use of other functionalities. The amount of these fees varies depending on the applicable agreement between Video.Taxi by TV1 GmbH and the respective client. Ultimately, the client decides whether the fees are passed on to the consumer or included in the ticket or registration price and paid by the client from the gross income from the ticket or registration sales. The fees charged to consumers may include other charges such as commitment commissions, license fees, taxes, processing fees and fulfilment costs. The fees that consumers must pay for a particular video therefore do not necessarily correspond to the standard fees described on the services or the fees that Video.Taxi charges the respective client by TV1 GmbH. In addition, certain fees, generally speaking, are intended to cover the costs of Video.Taxi by TV1 GmbH, although these fees may contain a profit element in some cases and a loss element in others. Video.Taxi by TV1 GmbH has no control over fees charged by your bank and/or credit card company, for example for the purchase of tickets and registrations in foreign currencies or from foreign persons (and therefore cannot disclose these fees). We therefore recommend that you consult your bank or credit card company before making a transaction in order to gain insight into all fees, credit card surcharges and exchange rate charges.

12.2 Refunds

Since all transactions take place between a supplier and the respective consumers, Video.Taxi by TV1 GmbH asks all consumers to address refund requests to the respective supplier:

(a) As a consumer, upon receipt of a refund, you agree to dispose of the ticket that has been sent to you in advance by us or the client and not to use that ticket (or a copy of it) to participate in the video. Any violation of the above provision constitutes an attempt at fraud. You acknowledge that the applicable ticket validity verification procedure must be followed in all circumstances. Video.Taxi by TV1 GmbH is under no circumstances liable for any costs incurred by clients as a result of failure to comply with the applicable procedure for ticket validity verification. Video.Taxi by TV1 GmbH is under no circumstances liable for costs and/or damages resulting from ticket fraud and/or the purchase of tickets via non-official channels (e.g. third party providers).

(b) As a provider, you undertake to follow the applicable procedure for checking the validity of tickets under all circumstances or to cancel the generated access code in Video.Taxi. Video.Taxi by TV1 GmbH is under no circumstances liable for any costs incurred by clients due to non-compliance with the applicable procedure for checking the validity of tickets. Video.Taxi by TV1 GmbH is under no circumstances liable for costs and/or damages resulting from ticket fraud.

13. Your Video.Taxi by TV1 GmbH account

To access certain features of the services, you may need to create an account. You agree to comply with the following rules, among others, when creating a Video.Taxi by TV1 GmbH account or when using the services

  • You must be at least eighteen (18) years of age or the legal age of majority in your jurisdiction to use the services. From the age of 13 to the age of 18, you may use the services only under the supervision of a parent or guardian who will administer your use and/or account. Children under the age of 13 are requested not to provide personal information on Video.Taxi by TV1 GmbH.

  • You agree to provide true, accurate, current and complete information (“registration data”) about yourself or the entity on whose behalf you are using the services, if applicable. You also agree to keep the registration data up to date.

  • In the event of a dispute between two or more individuals or legal entities regarding account ownership, you agree that Video.Taxi by TV1 GmbH will decide this dispute at its own discretion as the sole arbitrator and that the decision of Video.Taxi by TV1 GmbH (which may include a permanent or temporary suspension of the disputed account) is final and binding on the parties concerned.

  • If you use the services on behalf of a company or other legal entity, you represent and warrant that you are authorized to make binding statements on behalf of that company and to grant Video.Taxi by TV1 GmbH all rights and licenses under these terms and conditions.

  • You may be able to grant third parties certain permissions in relation to your account, including “sub-accounts” or other users with access data for your account. In such event, you assume sole responsibility for all actions taken under your account (including actions of additional users) and must accordingly maintain the confidentiality of your password and login information. In addition, you agree that all rules applicable to your account will also apply to any third parties to whom you grant access to your account.

  • You agree to notify Video.Taxi by TV1 GmbH immediately in the event of unauthorized use of your password or account or any other breach of security. You are responsible for all actions taken within your account (and we may make corresponding liability claims against you).

14. Your content.

14.1 License

Video.Taxi by TV1 GmbH does not make any claims to your content. However, you are solely responsible for your content. Video.Taxi by TV1 GmbH does not claim ownership of your content, nor are any rights on your part regarding the use and exploitation of your content outside of the services limited by these terms of use.

14.2 Assurances with regard to your content.

You represent and warrant that you have all the rights, powers and authority necessary to grant the license described above and that none of your content (a) infringes or violates or misappropriates the rights of any third party, (b) violates any applicable local, regional, national or other laws, rules or regulations, or (c) violates any of our terms of use.

14.3 Additional content rules

Your content must be accurate and truthful. Video.Taxi by TV1 GmbH reserves the right to remove your content from the services if Video.Taxi by TV1 GmbH, in its sole discretion, determines that it violates these terms or for any other reason. We have the right to retain and disclose your content and account information if required to do so by law or in the good faith belief that such retention or disclosure is necessary (a) to comply with legal process, (b) to respond to claims that your content violates the rights of third parties, (c) to enforce or enforce these Terms of use and/or (d) to protect the rights, property and/or personal safety of Video.Taxi by TV1 GmbH, its users and/or the public (this includes fraud prevention). You acknowledge that the technical processing and transmission of the services, including your content, may require transmissions over various networks and/or changes to adapt to technical requirements regarding network or device connections.

15. Rules for the use of e-mail tools

15.1 Video.Taxi by TV1 GmbH may provide you with functions and tools through which you can contact consumers, other users of the services or third parties by e-mail (the “e-mail tools”). Within the scope of your use of the E-Mail Tools, you represent and warrant your consent:

(a) that you have all necessary rights and authority to send e-mail to the addresses in your recipient list and that these addresses have been collected in accordance with the regulations for e-mail marketing messages in the country of the respective recipient,

(b) that your e-mails do not violate the privacy policies under which the recipient e-mail addresses were collected;

(c) that you will use the e-mail tools in accordance with all applicable local, regional, national and other laws, rules and regulations, including those relating to spam and e-mail and the EU DSGVO and the EU Directive on Privacy and Electronic Communications

(d) that you use the e-mail tools solely for the purpose of advertising, promoting and/or managing actual events on the services;

(e) that your use of the e-mail tools and the content of your e-mails complies with these terms;

(f) that you will not include false or misleading information in the headers or subjects of e-mails sent through the e-mail tools;

(g) that you will respond immediately and in accordance with instructions to consumers when Video.Taxi from TV1 GmbH receives requests to update the e-mail settings of the respective consumer;

(h) that, where required by law, you include an easily accessible and unconditional unsubscribe link in your e-mails and that you do not send e-mails to recipients who have unsubscribed from your recipient list. If you violate these rules for email tools or if your use of them results in a bounce, complaint or cancellation rate that exceeds the industry standard, or if your emails lead to impairment of the services, Video.Taxi by TV1 GmbH may (subject to any other legal or contractual remedies) limit or suspend your access to the email tools.

16. Messages

Notices to you can be sent by e-mail or by post to the address you have provided to Video.Taxi by TV1 GmbH. Notices of changes to these terms and conditions or other information can also be displayed by means of messages or links to these messages in a way that is generally visible to you in the services. If you would like to contact Video.Taxi by TV1 GmbH or send a message, please send it to Video.Taxi by TV1 GmbH, Beta-Str. 9a, 85774 Unterföhring (support(at)tv1.eu).

17. Changes to the terms of use

Video.Taxi by TV1 GmbH reserves the right to make occasional changes to these conditions (“changes”). We will notify you of any changes that we deem to be material by (a) posting the changes on the Services, (b) updating the date under “status” at the top of this page and/or (c) sending you an email or notification of the changes. Material changes will become effective thirty (30) days after the date under “status” or the date specified in the notice to you, as applicable. Changes that affect only new features on the services or that do not impose any additional obligations or burdens on you will be effective immediately. It is your responsibility to inform yourself of and familiarize yourself with any changes. Your continued use of the services after the effective date of the changes will be deemed acceptance of the changes and the new version of these Terms. It is possible that Video.Taxi by TV1 GmbH may make a change to these conditions that only affects you. This type of modification must be sent to you as a document in written or electronic form and signed by you and an authorized representative of Video.Taxi by TV1 GmbH. Video.Taxi of TV1 GmbH is constantly developing its products and services to better meet the needs of its users. Therefore, we cannot guarantee the availability of certain product features under all circumstances. Video.Taxi by TV1 GmbH reserves the right to revise, replace or discontinue the services in part or in whole.

18. Assignment

We may freely assign these terms and conditions and our rights and obligations arising from them without your consent or approval, to an affiliated company, in connection with a corporate transaction to another legal entity or otherwise.

19. Full agreement

Notwithstanding anything to the contrary herein, these terms and conditions of use constitute the entire agreement between you and Video.Taxi by TV1 GmbH and govern your use of the services; they supersede all prior or contemporaneous agreements, offers, discussions or communications between you and Video.Taxi by TV1 GmbH regarding the subject matter of these terms and conditions, with the exception of separate written service agreements relating to one or more specific videos between you and an authorised representative of Video.Taxi by TV1 GmbH

20 Applicable law and place of jurisdiction

German law shall apply exclusively. Place of jurisdiction is Munich, Germany.

21. Feedback

We welcome and encourage feedback, comments and suggestions for improvement regarding our services (“feedback”). Feedback submitted by you will be treated as non-proprietary and non-confidential. By submitting your feedback, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sublicensable, perpetual license to use and publish such ideas and materials for any purpose and without compensation.

22. Third-party websites, linked accounts, third-party offers

Links to other sites or resources may be provided on the services or by users. As Video.Taxi by TV1 GmbH has no control over such websites and resources, you agree that Video.Taxi by TV1 GmbH is not responsible for their availability or assumes any responsibility or liability for any content, advertising, products, services or other materials on or available from such websites or resources, or any damages or losses caused thereby, or that Video.Taxi by TV1 GmbH endorses or accepts any responsibility or liability for any such websites or resources, even if such websites or resources are affiliated with partners or third party providers of Video.Taxi by TV1 GmbH.

23. Other provisions

Should we fail to enforce any of the provisions herein, this shall not be construed as a waiver of our basic right to enforce such or any other provision of these terms and conditions. Verbal waivers, modifications or revisions of these terms and conditions shall not be effective. If any provision of these terms is held to be unenforceable, such unenforceability shall be limited to the extent necessary to give full force and effect to all other provisions. The section headings are for convenience only and have no legal or contractual effect. Nothing in these terms and conditions of use shall create any independent contractual relationship, agency or partnership, joint venture or any other such relationship. We may freely assign our rights and obligations under these terms and conditions. We may have these terms and conditions translated into other languages for your convenience.

Status of these terms of use: November 1st, 2021