Terms of use

(translated from German)

The getdubbings.com website is operated by Christian Hensgens, Waidmarkt 1b, 50676 Cologne, Germany (hereinafter referred to as the "Operator").

 

§ 1 Scope of Application

 

The following terms and conditions (hereinafter referred to as "Terms of Use") contain the basic rules for the use of getdubbings.com. By using getdubbings.com, you agree to these Terms of Use. Failure to comply with the following conditions will result in the automatic loss of your right to use getdubbings.com. Terms and conditions of the user that deviate from these conditions shall not apply if they have not been confirmed in writing by the operator.

Use of this platform does not constitute a contract between the users and the operator.

 

§ 2 Description of Function

 

With getdubbings.com, the operator provides an online service (hereinafter also referred to as "directory service") through which a user can create and publish entries for legitimate existing dubbed versions and subtitles (hereinafter referred to as “program versions”) and their production-relevant details. Interested users can search through existing entries in order to find the intended program version and contact details of the respective designated copyright holder.

 

The getdubbings.com directory service serves to list and locate existing program versions created by users and their production-relevant information as well as to bring together providers and interested parties of a program version. The operator is in no case provider or copyright holder of a program version and does not get involved in any licensing or acquisition activities whatsoever.

 

On a user's overview page getdubbings.com may display additional information about the user and his activities within getdubbings.com (e.g. information about already published entries and/or the time of the last user login).

 

§ 3 Registration, User account

 

For full use of the directory service, in particular for posting articles, displaying contact information and exchanging electronic messages with other users, the user must register with getdubbings.com. The prerequisite for registration is that the user is a natural person, legal entity or partnership. Successful user registration requires a user name of your choice, a password, an e-mail address, your first and last name and the country in which you are located. The user's personal registration data is not public and cannot be viewed by other registered users.

 

The user is obliged to provide the data collected by the operator during registration truthfully and completely. If data is changed after registration, the user is obliged to update the data immediately in the password-protected getdubbings.com user area.

 

Upon successful registration, a user account will be created for the user, which he can access using his e-mail address and the password selected during registration. The password can be changed by the user himself at any time in the password-protected user area. It must be kept secret by the user and protected from access by unauthorised third parties. If the user discovers or suspects that his access data is being used by unauthorised third parties, he must inform the operator immediately and change his password immediately.

 

The use of a temporary valid e-mail address (so-called "disposable" or "trash" e-mail address) is expressly prohibited for the registration and use of getdubbings.com. User accounts registered using such a "disposable" email address will be deactivated by the operator without prior notice.

 

Each user may only register one single user account with getdubbings.com for private use and for commercial or freelance use of the directory service. User accounts are not transferable.

 

There is no entitlement for a user account or the use of getdubbings.com.

At any time and without prior notice, the operator may restrict, extend or change the use of certain functions of the directory service or the extent to which individual functions can be used.

 

The operator reserves the right to exclude individual persons from use and to delete, change, cancel or correct all entries. The operator decides on the allocation of a usage authorization or user account and is entitled to withdraw it at any time.

 

§ 4 Use Free of Charge

 

Registration and use of the system are voluntary and free of charge. However, the operator reserves the right to restrict, discontinue or move the service at any time and without prior notice and to offer it in whole or in part only against payment henceforth.

 

§ 5 Content Requirements for Posted Contributions

 

The user is obliged to provide truthful and as complete information as possible when making a contribution.

 

The posting of contributions, texts, images or other content that violate legal provisions, these Terms of Use, third party rights or moral aspects is prohibited. In particular, it is forbidden to post content,

 

- which violates copyright, trademark and competition laws or statutory provisions (e.g. for the protection of minors),

- which serves to offer program versions for which the copyright holder/creator/author has not previously acquired all necessary rights (e.g. licenses of the producer or distributor, etc.) for the creation, exploitation and distribution of such a program version from the respective copyright holder of the original program,

- violates getdubbings.com's policies regarding prohibited content, or

- which contains untrue information or which is otherwise misleading.

 

§ 6 Transfer of Rights of Use

 

The user has the sole responsibility to respect the copyright in the sense of the copyright law when publishing contributions on getdubbings.com. By publishing his contribution in the directory service, the user grants the operator the unrestricted right, in terms of content, location and time, to use the contribution permanently - even beyond the duration of his membership with getdubbings.com - and to make it available for retrieval, to change it, to create derivative works, publicly perform, publicly display, duplicate and distribute it in connection with this website and other websites and companies or to advertise it in all media formats and via all media channels that are currently known. This explicitly comprises paid as well as free and/or advertising financed (e.g. through banner ads, overlays) uses. The operator is entitled to transfer the transferred or granted rights in whole or in part to third parties, to grant them exclusive or non-exclusive rights of use or to transfer them for exploitation and to permit their further transfer or granting. Neither the operator nor anyone who receives the contribution directly or indirectly from him is obliged to pay the user for the use of his contribution. The operator is not liable for the violation of rights of the user or the non-compliance with obligations contained in these terms of use and existing towards the user by these third parties.

 

§ 7 Special Obligations of the User

 

When publishing contributions, the entry of certain contact information (e.g. first and last name, e-mail, telephone, company name and address of copyright holders or authors) is optional or mandatory. The user is obliged and responsible to obtain the consent of all persons or companies named in his contribution for the publication of their contact information before publishing his contribution. By submitting the contribution for publication, the user expressly declares that he has the necessary consent as described above.

 

On getdubbings.com only legitimate program versions may be registered. This means that all necessary rights (e.g. licenses of the producer or distributor, etc.) for the creation, exploitation and distribution of the respective program version have been acquired in advance from the respective copyright holder of the original program. By submitting his contribution for publication, the user expressly declares that the contribution submitted by him refers to such a legitimate program version.

 

The user is also obliged to refrain from any actions that could endanger the safe operation of the directory service or annoy other users or that otherwise go beyond the intended use of the directory service. In particular, he is obliged to refrain from

 

- sending email advertising, SMS advertising, chain letters or other harassing content,

- sending viruses or other technologies that could damage the directory service or the interests or property of other users,

- subjecting the infrastructure of the directory service to excessive pressure or otherwise disrupt or jeopardise the functioning of the directory service,

- reproducing, making publicly accessible, distributing, editing or otherwise using the content of getdubbings.com in any way that goes beyond the intended use of the directory service without the prior consent of the operator.

- reproducing, making publicly accessible, distributing, editing or otherwise using the contributions or other contents of third parties in a manner that goes beyond the intended use of the directory service without their prior consent.

- using crawlers, spiders, scrapers or other automated mechanisms to access the directory service and collect content without the express written consent of the operator,

- collecting information, in particular e-mail addresses or telephone numbers, about other users without the prior consent of users,

- bypassing measures designed to prevent or restrict access to the directory service.

 

The user is obliged to save and archive on his own storage medium all data and information stored within the directory service which he needs or could need for the purposes of preserving evidence, bookkeeping or for other purposes, current or future.

 

§ 8 Deletion/Alteration of Contributions, Blocking of Users, Other Measures

 

The operator has the right to change, adapt, completely or partially delete contributions or other contents of the user that have been posted in the directory service or to delay or not to publish contributions or other contents of the user. This applies in particular in the event that there are concrete indications that a contribution or the content is incorrect or violates these terms of use or legal requirements. In such a case, the operator can also exhort the user and/or exclude him temporarily or permanently from using the directory service.

 

If a user has been excluded from using the directory service by the operator, the user may no longer use the directory service with other user accounts, including user accounts created for third parties, and may not re-register with the directory service.

 

The operator is entitled to restrict or terminate the provision of the directory service in whole or in part at any time and without prior notice.

 

§ 9 Limitation of Liability

 

The contributions and other content published by users on getdubbings.com do not reflect the opinion of the operator and are not checked by the operator for their legality, accuracy, timeliness and completeness. The operator assumes no liability whatsoever for the contributions, topics, external links and the resulting content published and posted on getdubbings.com, for accuracy, availability and completeness of the information contained in the contributions and also no guarantee for the quality, security or legality of the contributions made by users, production-relevant information or program versions. The operator is also not obliged to permanently monitor the transmitted and stored contributions of the users or to investigate whether they refer to illegal content according to the circumstances. The operator is only liable in the case of an intentional or grossly negligent breach of duty. Furthermore, the operator points out that the use of the contributions and their exploitation is at the user's own risk.

 

In the case of advertising, the operator assumes no liability for its content and accuracy. Solely the respective author is responsible for the content of the advertisements; the same applies to the content of the advertised website. When displaying the advertisement on getdubbings.com, the operator does not automatically agree with an illegal content. Therefore, the liability lies exclusively with the advertiser.

 

The operator endeavours to keep the directory service online interruption-free and free of errors to the best of his knowledge and belief and to the best of his abilities. No claims for damages of any kind can be made/derived from technical or content-related errors, any non-accessibility or the discontinuation of the directory service.

 

The operator is otherwise liable without limitation exclusively in accordance with the statutory provisions

 

1. for damages resulting from intentional or negligent injury to life, body or health,

2. for other damages in the case of intent, gross negligence and

3. in the event of a violation of the Product Liability Act.

 

Liability for slight negligence is - as far as legally permissible - expressly excluded. Liability for gross negligence shall be limited to compensation for direct damage. Liability for consequential damages, in particular financial losses, is excluded.

 

§ 10 Liability of the User

 

The user exempts the operator from all claims which other users or other third parties assert against the operator due to an infringement of their rights by contributions and other contents posted by the user in the directory service or due to his other use of the directory service. The user assumes the costs of the necessary legal defense of the operator, including all court and attorney fees in the statutory amount. The claim for exemption does not exist if the user is not responsible for the infringement.

 

In the case of a claim by third parties, the user is obliged upon request to immediately, truthfully and completely provide the operator with all information required for legal defense, the reviewing of claims and a defense against them.

 

A liability of the user beyond these regulations remains unaffected.

 

§ 11 Termination and Term of Membership at getdubbings.com

 

The term of membership with getdubbings.com begins upon registration and acceptance of the Terms of Use and continues indefinitely. Membership may be terminated at any time, without giving reasons and without notice period. For a membership termination to be effective, it is sufficient for the user to inform the operator of the termination of his membership via the contact form under the contact section of the getdubbings.com website. The operator will then irrevocably deactivate the user access promptly - usually within a few days.

 

The operator reserves the right to irrevocably deactivate user accounts with incomplete registration data and user accounts that were inactive for a period of at least 12 months.

 

§ 12 Amendment of the Terms of Use

 

The operator has the right to change the Terms of Use at any time. Amendments of these terms will be communicated to the email address that the user has registered with getdubbings.com or that the user has stored in his account.

 

§ 13 Severability clause

 

Should individual provisions of these Terms of Use be or become void or ineffective in whole or in part, this shall not affect the effectiveness of the remaining provisions. Any provisions of these Terms of Use that are not included or are ineffective shall be replaced by the law. If such statutory law is not available in the respective case (loophole) or would lead to an unacceptable result, the parties shall enter into negotiations to replace the unincorporated or ineffective provision with an effective provision that comes as close as possible to it economically.