The Inter Media Art Institute, Birkenstraße 47, 40233 Düsseldorf, Germany (subsequently: “IMAI”) makes available to its users at www.stiftung-imai.de a free-of-charge IMAI Play Channel (subsequently: “IMAI Play”) as a platform that allows users to view and to group into playlists certain artistic video works along with further contents. In so doing, IMAI is pursuing the goal of preparing, archiving, and making available to a wide audience audiovisual works of artistic merit. You will find further information concerning IMAI as a service provider in the colophon, which is available at https://www.stiftung-imai.de/impressum.
The following conditions of use regulate the utilization of IMAI Play.
1. Subject Matter of the Contract, Signing of an Agreement
1.1. The subject matter of these conditions of utilization is the making available by IMAI of the platform IMAI Play in accordance with Section 2 and its utilization by users in accordance with Section 3. A user is an individual who has registered in accordance with the following stipulations for using IMAI Play and thereby concludes a licensing agreement with IMAI.
1.2. The licensing agreement between IMAI and the user comes into effect at the conclusion of the registration procedure. After having entered the required information, the user makes an offer to conclude the licensing agreement by clicking on the button “Create an Account.” IMAI thereupon sends to the email address indicated during registration a confirmation with an activation link through which the owner of the email account and the user are verified. This activation completes the registration procedure.
1.3. With the registration, the user agrees to adhere to the requirements arising from this licensing agreement and confirms that he/she has entered the information in a truthful manner.
2. The Making Available of IMAI Play
2.1. With IMAI Play, IMAI makes available for free-of-charge utilization a platform dedicated to the archiving, investigating, presenting, and distributing of video art and media art, principally by processing its constantly growing archive from an art-historical perspective and making it available to both research specialists and the general public.
• Commentary Function: The user can make commentaries as text and/or image with regard to either the contents of other users or the videos released by IMAI.
• Playlist Function: The user can group the videos released by IMAI into playlists and share them with other users.
• Watchlist Function: The user can add already-published playlists to a watchlist.
• Tag-Funktion: While creating a playlist, the user must assign at least three tags.
2.2. The commentaries and playlists (subsequently: “contents”) prepared by users are visible for every visitor to the website, regardless of whether or not he/she is a user. The users are themselves responsible for the contents of the internet platform. IMAI reserves the right to examine contents before their publication in order to prevent recognizable infringements of the law and/or to prevent the publication of objectionable material.
2.3. IMAI owns the rights to IMAI Play and to the provided functions. Moreover, IMAI is the authorized owner of the utilization rights with regard to the artistic works made available on IMAI Play, especially the videos. IMAI grants the users a limited, non-exclusive, revocable right to the utilization of IMAI Play as well as to the provided contents for personal, non-commercial purposes (together designated as “access”). This access continues as long as it is not terminated by the user or by IMAI in conformance with the utilization conditions.
2.4. IMAI endeavors to avoid as far as possible interruptions to the platform and to the functions it is expected to perform. The availability is dependent on the technical and operational possibilities of IMAI. Maintenance operations can lead to interruptions of service from time to time. This sort of interruption of service due to maintenance operations is not considered to be a limitation of availability. IMAI will take care to announce in advance an anticipated non-availability of the internet platform and/or of individual functions.
3. Rights and Responsibilities of Users
3.1. Any person is authorized to use IMAI PLAY in accordance with these utilization conditions who is (a) of full age or (b) can certify that permission has been granted to him/her by parents or a legal guardian.
3.2. The user must guarantee that he/she does not participate in activities, post and register contents, and/or use any registration names which
• are objectionable, insulting, defaming, pornographic, menacing, or obscene;
• are against the law or whose purpose consists in the perpetration or the facilitation of the perpetration of an illegal act of any sort whatsoever, including the violation of the rights of intellectual property, the right to personal privacy, or the proprietary rights of third parties;
• contain harmful contents such as malware, trojans or viruses or disturb in another way the access of other users to IMAI Play;
• contain links or indications regarding commercial offerings of products or services, or advertise in some other manner commercial products or services; or with which
• other users are or are intended to be harassed or mobbed;
• allow the user to pretend to be another user or another natural or legal person or to falsely indicate that the contents belong to another user or to another natural or legal person, or which in some other way are fraudulent, incorrect, deceptive, or misleading.
3.3. The user is responsible for not revealing to a third person the password necessary for the login. The user assumes full responsibility for any and all activities that are undertaken through the use of his/her login-name in connection with his/her password. The user assumes an obligation to inform IMAI with no delay of any improper use of the login-name as soon as becoming aware of this. In the case of an improper utilization, the user is expected to inform IMAI immediately at firstname.lastname@example.org or to change the password. The user is obligated at the time of registration to indicate a valid email address that has been assigned to him/her and to keep it up-to-date at all times.
3.4. The user guarantees, with regard to all utilization-generated contents that he/she posts on IMAI Play, that he/she is authorized to post them and that, through their being published, the rights of no third parties are being violated. In particular, the user assumes the obligation (i) to conform to all laws regarding the uploading of contents (e.g. criminal laws, competition regulations, and laws for the protection of minors) (ii) to avoid violating the rights of third parties (e.g. the right to bear a name, trademark right, copyright, image copyright, and the right to data privacy) and/or (iii) to avoid a violation of public morals.
3.5. The user grants to IMAI a simple, worldwide, unremunerated right of utilization with respect to the contents published by him/her. The right of utilization is sublicensable. The purpose of this granting of a right of utilization is to allow activity in the social media, for example through the function “share.” Furthermore, the right of utilization includes the right to duplicate the contents offline as well.
3.6. IMAI reserves the right, in the case of legitimate justification, to remove contents or block access to contents while respecting the legitimate interests of users. On the side of IMAI, legitimate justification exists in particular when (i) IMAI is obligated to protect the rights, property, or security of the users of IMAI Play or of another person, (ii) contents violate the agreement or applicable legal stipulations or regulations, or (iii) contents possibly violate the rights of third parties.
4. Period of Validity and Cancellation
4.1. The licensing agreement is valid for an indefinite time period.
4.2. The user can end the licensing agreement at any time by deleting his/her account. For this purpose, the user must click the button “Delete Profile” and confirm with a click of the mouse the corresponding, further inquiry in the pop-up window that appears. The cancellation then takes effect immediately. IMAI can cancel the licensing agreement at any time, especially if IMAI terminates the service. In addition, the parties have the right to an extraordinary notice of cancelation for good cause. Good cause is present for IMAI if the user violates the essential provisions of this licensing agreement. In particular, this is the case if he/she makes the platform accessible to unauthorized third parties or violates copyrights, trademark rights, licensing rights or other rights protecting intellectual property.
4.3. Insofar as the licensing agreement is canceled and IMAI continues to offer the service, the visible personal data of the user is thereupon deleted in such a manner that the already-published playlists and commentaries continue to remain visible anonymously. The user no longer has any direct access to these playlists and commentaries.
5.1. IMAI is limitlessly liable for willful intent and gross negligence as well as, in accordance with the product-liability law, for fraudulent behavior or for taken-over guarantees as well as for damages due to the injury to the life, the body, or the health of persons.
5.2. IMAI is liable to a limited extent with regard to damages which could be anticipated at the time of the conclusion of the contract and whose occurrence could typically be reckoned with, and in the case of slight negligence with regard to an essential contractual obligation whose fulfillment is essential for the proper implementation of the contract, and the adherence to which can reasonably be expected by the user (cardinal obligation).
5.3. Liability on the part of IMAI is excluded with regard to all other circumstances.
5.4. The liability privilege cited in this immediately preceding Subsection 5.3 likewise applies to the organs and vicarious agents of IMAI.
6. Final Provisions
6.1. Insofar as special indications regarding the utilization of the respective contents are contained on individual pages of the platform, those indications are valid as extensions of these conditions of utilization.
6.2. These conditions of utilization are subject to change. IMAI can accordingly alter unilaterally the conditions of utilization applicable for the future, with the exception of the description of services to be provided, insofar as this is just and reasonable with regard to the user. This is the case when, with the altered licensing agreement, no economic disadvantages arise for the user. IMAI will announce the respective alteration per email or when the user logs in to his/her account. At the same time, users will be explicitly informed that the respective alteration will become part of the contract existing between IMAI and the user if the user does not object to this alteration within a period of six (6) weeks from the announcement of the alteration. If the user does object, each party has the right to cancel the contract in writing or per email within a period of four (4) weeks.
6.3. In the case that one or several of the provisions of this utilization agreement should be or become inoperative, this circumstance does not affect the validity of the other provisions. The inoperative provision will then be replaced by one which comes closest, in economic terms and in accordance with the law, to the sense and purpose of the inoperative provision. The same applies to possibly-arising gaps in the regulations.