YouProm TV Produktions- und Vertriebsgesellschaft mbH (YouProm) offers it services based on these General Terms and Conditions. The General Terms and Conditions serve to protect your rights, the rights of third parties and YouProm's rights in connection to the services offered. The use of the services implies your acceptance of the following General Terms and Conditions, the validity of which you have acknowledged as binding through registration or use. Conflicting terms are not recognised. Insofar as commercial transactions are completed through partners, their General Terms and Conditions apply. These General Terms and Conditions apply in the version current at the time of use. YouProm reserves the right to revise, amend or adjust the General Terms and Conditions with effect on future activities. Any modification or revision will be announced in due time via proper notice in the scope of the online services, via e-mail or newsletter. The amended General Terms and Conditions are applicable if you do not challenge them or if you continue the use of services.

1. Scope

These General Terms and Conditions regulate the relationship between you and YouProm as the provider of services offered. YouProm allows for the presentation and circulation of third-party content such as video, image or text, and is in no case itself the provider of content. YouProm allows registered users to publish their own content via multimedia platforms as well as to watch the content presented by third parties, to rate, communicate and participate in contests, votings and sweepstakes, to participate in the forum discussions and to create their own profiles. At not time does a claim to remuneration result for the user. YouProm does not assume any responsibility for third-party content and the ratings and comments related thereto. For additional services and offers possibly subject to charge, additional General Terms and Conditions may be agreed upon.


2. Registration and terms of use

A complete registration requires the completion of all fields marked as mandatory information. Registration assumes that you act autonomously or with the approval of your legal representatives.
Furthermore your participation in several offers, forums, competitions or others, like"UFlirt.TV" for instance, inclines your age of consent.
Minors need their legal representatives' consent in order to participate.
At registration you declare to YouProm that your information is complete and correct and truthful as well as that they will be kept up-to-date. The content and services offered by YouProm are only available for personal use. You commit yourself not to use the services in a commercial or promotional manner as well as to keep login data, such as passwords, confidential and not to make them available to third parties. If due to a fault of you as a user, a third party is to make use of YouProm's services by way of your login information, you as the registered user are liable for any resulting damage. A transfer of membership is excluded. Unless otherwise noted, services offered via this platform are free of charge for the user. However, YouProm reserves the right to change prices for individual or all offers or extra services following prior notification. YouProm is not required to accept content for publication and accepts no liability for the storage of data submitted by users. In case submitted data is deleted, YouProm excludes all liability for any loss of content. The user has no claim to the use of services offered or to participation in the contests, sweepstakes or competitions.


3. Content

Every user is solely responsible for the uploaded content (particularly videos, images, photos, charts, recordings, information, texts, data and any other material), comments and other information as well as for possible consequences arising from the publication of content. With the submission for publication (upload) of content you confirm that you have the required authorisation, rights (name, personal, copyright, data privacy rights) and/or licenses to submit, publish and distribute this content. Furthermore, you confirm:

• not to upload or submit any content that is a breach of the applicable laws, other regulations and/or moral standards;
• not to upload or submit any content, the release of which represents a breach of copyright law or other laws regarding third parties such as personal rights, property law, patent, trademark or services protection laws;
• not to upload or submit any content which you are not permitted to transmit;
• not to upload or submit any content that offends, defames, harasses, causes damage, provokes hate, incites violence, is xenophobic or racist;
• not to upload or submit any content which is in any way pornographic, glorifies violence or is otherwise dangerous to and could damage minors;
• not to advertise, including indirect advertising or advertising for prostitution, or to send junk or mass e-mails;
• not to upload or submit any content that contains references or links to websites with illegal content or content that goes against moral standards;
• not to upload or submit any content that contains software, applications, programmes or viruses or other data which is intended to affect, disrupt or damage the function of the hardware and software or telecommunication devices.

Note:
If, in spite of the General Terms and Conditions listed here, there are individual cases of content uploaded in violation of third-party rights such as copyright and other trademark laws, we ask that you inform us of such violations found or supposed via the contact information listed in the legal disclaimer. Please describe the content concerned and the possible legal violation as exactly as possible. The same applies if you want to complain about prohibited, dishonest, offensive or insulting content. To facilitate a follow-up, please assure correct and complete information.


4. Rights of use

YouProm grants you as the user a simple non-transferable right to use the services offered by YouProm.
By submitting or uploading content for the rendering of services offered, you grant YouProm the required rights of use concerning the uploaded content free of charge. The rights of use include the unlimited and transferable right to duplication, circulation, distribution, transmission, publication, public display, public access or other comparable use of the respective content. This particularly includes the right to show and present the content, the right to sublicensing, the right to allow public access via data carriers of all types, internet and all possible media formats and channels of distribution such as all electronic and digital media and networks, wireless or wired, the broadcast rights via radio communication such as radio or television, satellite, cable or similar technologies, the right to display content via audiovisual media and the display of broadcasts. Moreover the right to dubbing, processing and reorganising content, the right to transformation into other data formats including the creation of clips and jingles as well as the right to archive and store content in a database in any form, the right to digitalisation and to storage with other works or partial works.
YouProm has the right to place advertisements and/or conduct promotional campaigns during the use of or near content which has been made publicly available. Upon registration or use of the services offered by YouProm, you declare your consent thereto and to the placement of advertisements.


5. Period of use

YouProm has the right, at any time and without giving reasons, to reject, remove and/or delete individual content as well as to temporarily or permanently block users who are seen by YouProm as having violated the law, moral standards or these General Terms and Conditions or to exclude them from future use of the services offered. YouProm also has the right discontinue the services offered or parts thereof at any time without prior announcement and without giving reasons.
You may discontinue your membership at any time by deregistering or deleting your registration, although the commitments from these General Terms and Conditions continue to apply with regard to the use of services offered without registration and with regard to the content which has not been deleted or removed. The same applies in case rights of use were granted for a specific length of time. You do not have any right to the release of content.


6. Liability

YouProm is only liable for its own area of responsibility, which means for errors made by YouProm itself or one of its employees or auxiliary persons. Users of the services offered are not auxiliary persons of YouProm.

Due to possible technical or maintenance-related uncertainties, YouProm cannot guarantee the uninterrupted and defect-free operation of the services offered as well as the uninterrupted and error-free publication. YouProm TV does not guarantee the receipt of the content uploaded and e-mail/SMS/MMS messages sent as well as regarding possible mistakes during storage or further transmission of content and messages. YouProm has no influence on technical transmission through your internet or telecommunication service provider as well as on possible third-party maintenance periods. Any corresponding liability is thus excluded. YouProm does not guarantee the storage of content submitted by users. In case any submitted content is deleted, YouProm cannot be held liable for loss of content.

YouProm is not obligated to accept, present and circulate content and news. YouProm is not liable for errors or the nature of content, particularly not for any deficiency in title.

No responsibility is taken by YouProm for the content submitted or uploaded by users. No approval of third-party content or a connection to their providers is implied through links and advertising banners contained. The content (particularly videos, images, photos, charts, recordings, information, texts, data and any other material) comes solely from the respective user who assumes full responsibility. It is not possible for YouProm to examine the individual user information. Therefore YouProm does not guarantee the accuracy of this information and is not liable for its correctness, completeness and topicality. Each user is fully responsible for all content spread by him/her. The user ensures that he/she is in possession of all rights of use (copyright, trademark, service protection, personal, and other rights to the content uploaded) required for circulation.

The user releases YouProm from all third-party claims which may be made against YouProm concerning any violations of applicable rights, particularly of copyright, licensing rights, competition protection law or other trademark laws due to content submitted or uploaded by the user. This includes redemption of all costs which YouProm accrues due to litigation as well as to content which violates the law. The user makes all documents and information available to YouProm for the purpose of legal defence.

YouProm's liability for its own or attributable third-party errors, regardless of legal grounds, is limited to deliberate acts and gross negligence, unless a person acts in opposition to an individual guarantee to the contrary. YouProm is liable for slight negligence only in the case of a violation of significant contractual obligations and only as long as the resulting damages are typical and predictable; for each individual case, however, up to a maximum of the damages predictable at the time of the conclusion of contract. Liability for damages to life, body and health as well as the product liability act remain unaffected. The aforementioned liability limitations also apply in the case of violations of obligations by legal representatives or auxiliary persons of YouProm as well as personal liability of employees, representatives, shareholders, auxiliary persons and affiliated companies.

Unless they are based on a deliberate or unlawful act, damage claims against YouProm become invalid 12 months after being lodged.


7. Privacy policy

In the scope of the online platform operated by YouProm via www.uprom.tv and other domains and/or sub-domains as well as TV activities organized or initiated by YouProm, users' personal information will only be collected insofar as is necessary for the rendering of services offered and/or requested. The data collected is stored and processed for the purpose of rendering these services. YouProm guarantees that the applicable laws and terms are upheld.

A transfer of personal data to third parties only occurs if and insofar as these individuals or companies contribute to YouProm in the rendering of offered and/or requested services as a service provider or cooperation partner. Only YouProm and companies affiliated with YouProm may possibly use data for marketing purposes.

YouProm does not guarantee or accept liability for the disclosure of information due to errors in data transmission and/or unauthorized third-party access.


8. Non-assignment clause

The assignment of any legal claims against YouProm due to and in connection with the publication or circulation of content or content-related information to third parties, including spouses, is prohibited, regardless of legal grounds.


9. Property rights and links

As a user of our services, you recognize that only YouProm is entitled to all label, trademark and other property rights to YouProm's services. Any use, modification or deletion without the prior written authorization of YouProm is prohibited. It is also prohibited to duplicate, modify, edit or otherwise affect or possess YouProm software.

YouProm's services may contain links to other websites and services. YouProm cannot monitor the objectives of such links and as such we do not adopt, guarantee or accept liability for the content which is accessible through such third-party offers or sources.


10. Invalidity of regulations

If one or more regulations contained in these terms are invalid, the remaining content is unaffected. The invalid regulation shall be replaced by a valid regulation which comes closest to the intention of the original regulation.


11. Law to apply and jurisdiction

The law of the Federal Republic of Germany, in exclusion of all international and supranational legal systems, applies to these General Terms and Conditions and all legal ties between YouProm and you as the user.

Registered office and general court of jurisdiction for YouProm TV Produktions- und Vertriebsgesellschaft mbH is Munich insofar as legally permissible.

Version: November 2006




1. Scope of application

The following General Terms and Conditions regulate the use of information that you upload made by YouProm TV Produktions- und Vertriebsgesellschaft mbH (YouProm). These supplementary terms apply in the version current at the time of upload. YouProm reserves the right to revise, amend or adjust the General Terms and Conditions with effect on future activities. Any modification or revision will be announced in due time via proper notice in the scope of the online services, via e-mail or newsletter. The amended General Terms and Conditions are applicable if you do not challenge them within four weeks or if you continue to upload content.


2. Consent to telecast

In addition to the operation of the online platform, YouProm offers it own TV channel and checks content created and uploaded by users for its suitability for telecasting and further commercialization. YouProm is possibly interested, however not obligated, to broadcast, give permission to broadcast and/or use in another manner content created and uploaded by you, including material such as text comments etc., in the scope of a TV station run by YouProm or via TV time slots and other stations and services (free TV, Pay TV, IP-TV, mobile TV). Herewith you declare yourself, both personally as well as on behalf of third parties that may be seen in the recordings or have contributed their own content, to agree to broadcasting and further uses.


3. Rights of use

Concerning this matter you grant YouProm the following non-exclusive rights of use for the German-speaking countries (i.e. Germany, Austria, Switzerland, Lichtenstein, Luxembourg and the region of Northern Italy) for an unlimited period of time, however for a minimum of three years, until cancelled. YouProm is authorized to sublicense and transfer the rights which have been granted:

• the right to broadcast, which means the right to make your content available to the public via radio and television , satellite, and/or cable broadcasting or similar technologies via analogue or digital storage and transmission technology as frequently as we choose;
• the right to make public, which means the right to make your content available to the public, through wireless or wired media, in such a way that people are able to access it at the time and place of choice, particularly to provide the content in electronic databases and make it available to a multitude of users by means of digital or other transmission technology so that people are able to access it individually via television and/or other equipment also for interactive use (television on demand, video on demand, online, mobile, etc.) and present it publicly, if applicable;
• the right to duplicate and distribute, which means the right to duplicate your content onto image/sound storage media of all sort for the purpose of non-public display and to distribute it. This right includes all audiovisual systems such as substandard films, substandard film and video tapes, video tapes, discs, chips, CD-ROM, CDi, 3DO, MMCD, SDD, DVD as well as multimedia image/sound storage media which are independent of the technical form of the system and independent of type of use, including interactive uses. The duplication and distribution right in the form of individual images is included;
• the right to edit and dub, which means the right to edit, shorten, separate your content or image or sound segments and/or other elements under the protection of the personal copyright laws, to insert advertising/sponsoring or other elements or to technically connect them with the recordings and/or undertake legally necessary modifications;
• the right to advertise, which means the authorization to use your content or excerpts of your content alone or in connection with other users' content, for advertising purposes as well as the right to advertise for your content and its uses by YouProm or other media in the manner customary to the industry (e.g. on television, at the cinema, on the radio, online, in video programmes or in print).

4. Guarantee

These terms supplement the General Terms and Conditions of YouProm to which you have agreed through your registration and use of the services offered. We refer expressly to the information concerning content and third-party rights once more. You guarantee YouProm that you possess all necessary rights regarding the content which you have uploaded and that in doing so you are not in violation of any third-party rights or of any legal terms. If you are not the owner of the rights to the content which you have submitted, you guarantee that you have effectively acquired all the necessary rights, licenses, authorization and such.


5. Invalidity of regulations

If one or more regulations contained in these terms are invalid, the remaining content is unaffected. The invalid regulation shall be replaced by a valid regulation which comes closest to the intention of the original regulation.


6. Law to apply and jurisdiction

The law of the Federal Republic of Germany, in exclusion of all international and supranational legal systems, applies to these General Terms and Conditions and all legal ties between YouProm and you as the user.

Registered office and general court of jurisdiction for YouProm TV Produktions- und Vertriebsgesellschaft mbH is Munich insofar as legally permissible.

Version: November 2006