Binding Conditions for Entering/Viewing Contents to the Product Database (Equipment database)
The database offers the manufacturer of light and camera equipment (hereinafter referred to as “Enterer”) the opportunity to present his products to all filmmakers on the website of the Bundesverband Beleuchtung & Bühne e.V. (Federal Association of Lighting & Stage) (hereinafter referred to as “BVB”) and to have them rated by registered users of the website.
A. Entering of Products
1. A precondition for the entering of products to the database of the BVB is valid membership of the BVB.
2. The entering of products shall be effected on a corresponding form by the Enterer himself. Inasmuch as the form contains any obligatory particulars, these shall be specified, so as to render the product visible to third parties.
3. The BVB reserves the right to ban or remove any entered products, if the products are not directly associated with the equipment for filmmakers (for example, insurances, maintenance agreements, supply contracts and similar items).
II. Enterer’s Liability
1. The Enterer shall be responsible for all contents entered by him on the website of the BVB. This shall apply, in particular, to images and videos as well. The BVB shall not be obliged to verify the contents added by the Enterer as to their legality. The BVB shall, however, be entitled to check that they are legal.
2. The Enterer shall be liable to the BVB for any and all damage suffered by the BVB owing to the fact that the Enterer adds any contents on the BVB’s website or has them added by the BVB, the publication, propagation and availability of which violate any legal provisions, especially any regulations pertaining to copyright, trademark law, utility models law, industrial property rights, competition law, criminal law, fine and penalty law as well as any regulations concerning data protection law.
This shall also apply to any contents which are likely to disparage other persons.
3. The Enterer shall keep the BVB free from any claims by third parties which the latter may make to the BVB because of any violation of the rights mentioned before under 4.1 or comparable rights. This shall include keeping the BVB free from any costs for legal advice and representation incurred on the part of the BVB in connection with such claims being raised.
4. The regulations mentioned under Nos. 1 to 3 shall also apply mutatis mutandis to any websites that are, or will be, linked with the contents of the Enterer’s website.
III. Use of entered contents
1. The Enterer shall authorize the BVB to make the contents entered on the database available to the users of the BVB’s website, with the BVB website tools at the disposal of his website’s users to enable them to find, organize, download and rate the contents.
2. The use by third parties of the contents added by the Enterer shall be restricted to the fact that the third party shall only be entitled to use them for his own purposes.
3. The BVB shall be entitled to leave the contents added by the Enterer on the database and make them available to third parties through his website for a minimum period of ten years.
IV. The BVB’s liability
1. The BVB shall only place a platform at the Enterer’s disposal, on which he may present his products. The BVB shall not be liable in any way to the Enterer for the actual use of the entered contents by third parties.
2. During the period of agreement, the BVB shall be obliged to keep the website with the contents added by the Enterer online. The BVB shall, however, be entitled to take the contents of his website, in whole or in part, offline, in the event that any stringently required maintenance work on the servers or the like should be necessary. The BVB shall do his utmost to keep down times and maintenance periods outside the period of workdays between 10.00 a.m. to 10.00 p.m. (Central European Time) and to minimize them as far as possible.
I. The BVB shall have the right to have the products added by the Enterer rated by the users of the BVB’s website.
II. Rating can be made in the form of a five star rating scale (one star: poor, up to five stars: very good) as well as in text format (I like it, because…;
I don’t like it, because …; suggestions for improvements: ….). In this context, the rating shall refer to the quality of the product, ease of operation, durability, flexibility as to the range of applications and the like.
III. The BVB shall assure that ratings can only be made by users who have been registered by the BVB, so that the person making the rating can be identified.
IV. Before publishing ratings made by non-members of the BVB, the rating shall be examined by the BVB. This shall be based upon criteria which are valid for the Enterer’s entitlement to remove a rating.
V. The Enterer shall be entitled to demand that a rating be removed by the BVB in the event that the rating should have been made by using obscene and/or offensive language, that it should be without objectivity or not in direct relationship with the entered contents or apparently not in conformity with the facts.
1. The law of the Federal Republic of Germany shall apply, with the exclusion of the
UN Convention on Contracts for the International Sale of Goods.
2. Inasmuch as the Enterer carries on a commercial trade (Handelsgewerbe) within the meaning of the German Commercial Code (HGB) in a commercial manner
(cf. § - Section – 1 Paragraph 2 of the German Commercial Code), venue shall be Hamburg, Germany.
3. Should any one of the provisions mentioned before be ineffective or invalid, the effectiveness of the other provisions shall remain unaffected.