Terms of Use

1. Scope

Any use of the websites provided by Media-Saturn-Holding GmbH (‘MSH’) and/or its subsidiaries (‘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, legal notice, copyright or services). When you log on to an MSH website, you accept these terms of use as amended. 

 

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, graphics, video and audio material as well as logos, texts and other press material are made available for downloading.
2.2 MSH may cease operating the MSH website in whole or in part at any time. Due to the nature of the internet and computer systems, MSH cannot guarantee 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 their user data, especially if the user:

  • Uses false data for registration
  • Violates these terms of use or any applicable laws when accessing or using the MSH website
  • Has not used the MSH website for a period exceeding 12 months

3.2 Users must provide accurate information when registering. If this information changes, it must be updated accordingly. When you register, you will be 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, any other transactions which are subject to charge, and any fraudulent activities carried out. If you are aware or suspect that your user data is being misused by third parties, you must notify MSH without delay.
3.4 You may at any time request in writing that your user data be deleted, provided that deletion will not violate the proper execution of existing contractual relationships. In such cases, MSH will delete your user data, in particular any personal data stored, as long as this does not violate applicable regulations.

 

4. Data privacy protection 

When collecting, storing, using and processing your personal data, MSH will comply with applicable laws on data privacy protection and MSH’s privacy policy, which can be viewed here.

 

5. Rights of use and copyright

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 with MSH. Separate agreements, for example regarding the downloading of files, override these terms of use.

5.2 MSH grants users a non-exclusive (i.e. simple and non-transferable) right to use downloadable press material on the MSH website to the extent agreed or, if 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 be made available in any other way to third parties by the user unless necessary for the respective purpose. Reproduction is only permitted to the extent agreed or, if no such agreement exists, to the extent required for the purpose intended.

5.4 The content of the MSH website is protected by copyright, 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 concerning 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 is not to be downloaded may for reasons of conflicting intellectual property rights only be displayed unaltered on screen.

5.6 Notwithstanding the aforementioned provisions, information, brand names and other content of the MSH website may not be changed, copied, reproduced, sold, leased, forwarded, used, supplemented, manipulated or misrepresented 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 or industrial property rights such as patents, utility models, content (including the layout of the MSH website) and 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 their personal rights
  • Violate public decency and normal etiquette (‘netiquette’) by your conduct
  • Violate any intellectual property rights or any other proprietary rights;
  • Upload any content containing a virus, Trojan, or any other program which could damage IT systems
  • Transmit, store or upload hyperlinks or content to which you are not entitled, especially in cases where such hyperlinks or content are in breach of confidentiality obligations or unlawful
  • Distribute advertising or unsolicited emails (spam) or inaccurate warnings of viruses (hoax emails) or similar material, or solicit or request participation in a lottery, raffle or similar activity

 

7. Links to other websites 

The MSH website may contain hyperlinks to third-party websites. Such websites are used at the sole risk of the user. MSH has no control over the content of 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 content as its own. MSH will, however, follow up any information you may provide and, if necessary, remove external hyperlinks from the MSH website if they violate 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 in whole or in part, 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, especially if the user repeatedly breaches any obligation arising from these terms of use. In the event 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 free of charge, all liability in terms of accuracy, currency, correctness, completeness, absence of third-party claims and rights or in relation to fitness for purpose is excluded except for cases involving wilful 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 wilful 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 defects. Damages are, however, limited to the contract-typical, foreseeable loss except in cases of wilful misconduct or gross negligence.

9.3 Although MSH makes every endeavour to keep the MSH website free from viruses, MSH cannot guarantee that it is virus-free. For your own protection, you should therefore take the necessary steps to ensure appropriate security measures and use 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 on May 14th, 2008 and will remain valid until an amended 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.

10.2 In accordance with Section 5 TMG Telemedia Act and Section 55(2) RStV (Interstate Broadcasting Agreement), Media-Saturn-Holding GmbH, Corporate Communications, is responsible for the content of the MSH website (contact person: Andrea Koepfer; address: Wankelstrasse 5, 85046 Ingolstadt, Germany; tel: +49 (0)841 634 1111; email: Email), except in the case of articles and parts of the website specifically mentioned as being the responsibility of others.

10.3 The individual sections 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 if not MSH is specifically indicated on each page. The pages comply with the laws applicable in the country where the responsible company is based. MSH takes no responsibility for content available on the MSH website being 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 Section 4 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 the Federal Republic of Germany to the exclusion of CISG (United Nations Convention on Contracts for the International Sale of Goods) and the terms of the Introductory Act to the BGB German Civil Code.