Terms and Conditions

TERMS AND CONDITIONS TARGETVIDEO

These Terms and Conditions contain legal obligations. Please read them carefully.

The provisions of these Terms and Conditions govern the contractual relationship between TargetVideo and the client (client/publisher, within the following “Client”), as far as the individual agreement between the parties does not contain deviating regulations. If so, the respective deviating regulation prevails.

As far as neither the individual agreement nor these Terms and Conditions contain a relevant provision, the „Standard Terms and Conditions for Internet Advertising for Media Buys One Year or Less published by the Interactive Advertising Bureau and the American Association of Advertising Agencies (version 3.0)“ shall apply.

Ownership of Service.

Welcome to TargetVideo. TargetVideo’s  websites (www.brid.tv, www.target-video.com and any variations of or successors to these websites, hereinafter collectively referred to as “the TargetVideo Websites” or “the Websites”) and the TargetVideo service (together with the Website, hereinafter referred to as “the TargetVideo Service(s)” or “the Service(s)”) are owned by TargetVideo GmbH or, occasionally, its subsidiary and affiliate corporations, successors and assignees,      including the affiliate       Brid Video d.o.o. which is responsible for customer and technical services (hereinafter collectively referred to as “TargetVideo”). TargetVideo Services currently consist of various web pages at or linked to the Websites as well as numerous websites run by other companies that have entered into an agreement and/or arrangement with TargetVideo to publish their content through the TargetVideo Services on their website. The TargetVideo Services shall also include the placement of advertisements on the websites owned and/or controlled by the Client.

 

Company Information.

Name: TargetVideo GmbH

Address:  Machtlfinger Str. 21, 81379 Munich

Registration number: HRB 212247 (commercial register of the local court of Munich)

Websites: www.target-video.com

Telephone number: +4989215490

Email: info@target-video.com

Application of Terms and Conditions.

These Terms and Conditions regulate the contractual relationship between the parties, in particular the Client’s use of the TargetVideo Services and the TargetVideo Website(s). Unless explicitly stated otherwise, any new Service, including any new TargetVideo properties, shall be subject to these Terms and Conditions. In addition, TargetVideo may have separate registration procedures and separate terms and conditions, service orders, Client/publisher agreements, or similar legal agreement(s) for particular Services. When the Client is using any service or product that is offered by TargetVideo and that is not governed by a separate legal agreement, these Terms and Conditions shall apply. Moreover, TargetVideo may occasionally offer certain services that are regulated by the respective service partners’ terms of service.

In cases where the TargetVideo Service is provided on third-party websites, the terms and conditions of those websites shall apply in addition to these General Terms and Conditions.

TargetVideo offer its Services only to Clients which are enterprises within the meaning of Sect. 14 German Civil Code (“BGB”).

Non-Discrimination.

TargetVideo does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.

Acceptance and Accuracy.

By using the TargetVideo Services and/or the Website, the Client agrees, without limitation or qualification, to be bound by and to comply with the Terms and Conditions and any other posted guidelines or rules applicable to any website where the TargetVideo Services are available. TargetVideo may make improvements and/or changes to the Website at any time.

Although TargetVideo strives to regularly update the information on the Website, the information, materials and services provided on or through the Website may occasionally be inaccurate, incomplete or out-of-date. TargetVideo shall not be obliged to update the information located on the Website. Additionally, TargetVideo shall not be liable for any failure to update such information. TargetVideo makes no representations as to the completeness, accuracy or currency of any information on the Website, and takes on no obligations to update or revise the information located on the Website, whether as a result of new information, future events or circumstances, or otherwise. Verifying any information located on the Website before relying on it shall be the Client’s responsibility.

Integrations.

To the extent the Client accesses or uses integrations with third-party services made available by TargetVideo or through the Products (e.g. the services for the provision of advertising materials), the Client shall be responsible for his/her obligations to any such third parties, and TargetVideo shall make no representations as to the continued access to or availability of any such third-party services. Moreover, TargetVideo shall have no liability related to or arising from such third-party services.

Some features or functions of TargetVideo’s Licensed Programs may use YouTube’s application programming interface (hereinafter: “API”). By using those programs, the Client agrees to be bound by YouTube’s Terms of Service. The Client can review YouTube’s Terms of Service on https://www.youtube.com/t/terms. In addition, the Client agrees to Google’s Privacy Policy, which can be found on https://www.google.com/policies/privacy.

The Client can revoke the programs access to his/her data via Google’s security settings page on https://security.google.com/settings/security/permissions/. Should the Client require additional information on TargetVideo’s privacy practices, he/she can read TargetVideo’s Privacy Policy, currently located on https://target-video.com/privacy-policy/ Should the Client have any questions or concerns about TargetVideo’s privacy practices he/she can contact TargetVideo through privacy@target-video.com

Payment.

General. The Client agrees to be bound by the commercial terms and conditions that are defined in the Service Order or other individual agreement.

The Client using Native Player Services and/or the Premium Demand Services, shall receive the agreed percentage of the net advertising revenues, generated by TargetVideo, from the integration of ads played on the Client’s website, i.e. all revenues actually paid out to TargetVideo after the deduction of agency and customer discounts, value added tax, and technical costs, including but not limited to streaming costs.

TargetVideo will perform payment towards the Client using Native Player Services and/or the Premium Demand Service, only for months in which earned revenue exceeds $100.00 for the month. TargetVideo reserves the right to charge an ad-serving fee to cover actual ad-serving costs. Revenue which is not paid to the Client in any month will be credited to the account of the Client and paid later when accrued revenue exceeds $100.00.

The Client shall keep his/her payment address, email address, bank account number and telephone number in his/her account up-to-date. If the Client fails to notify TargetVideo of any changes in his/her account information, rendering TargetVideo unable to notify the Client in writing, the established business cooperation shall be terminated without notice and without any liability of TargetVideo.

Withholding Payment. If the Client has or may have engaged in an activity that is deceptive or fraudulent in nature, as determined by TargetVideo at its sole discretion, TargetVideo shall reserve the right to withhold payment from the Client. Such deceptive or fraudulent activities shall include, without limitation, clicks not referring to URLs, an extremely large number of repeated clicks, and clicks originating from unapproved root URLs. In addition, with respect to the Display Creatives, for any payment calculation, in no event shall more than 5% (five percent) of unique visitors originate from one IP address. Impressions that are sent (i. e. served) but not received due to the end-user’s blocking technology or software (e. g. pop-up-blocking software) shall not count towards any payment calculation.

Policy Violations and Deductions. In specific cases of an egregious violation of the terms of use, such as a large number of invalid clicks and impressions, or any activity that is not in compliance with Google’s or TargetVideo’s policies or that may cause considerable harm to TargetVideo’s network, TargetVideo shall not bear the costs of deductions and has the right to deduct the costs from future payments to the respective Client.

Taxes. TargetVideo does not assume any responsibility for paying income taxes on the Client’s behalf. By participating in TargetVideo’s ad program, the Client shall assume full and sole responsibility for any taxes owed as a consequence of such participation. Moreover, the Client agrees to indemnify and not to hold TargetVideo liable for any such taxes. If residing in the United States of America, the Client agrees to provide his/her Social Security Number or Federal Employer Identification Number and any other reasonable information to TargetVideo for tax-reporting purposes, and such information shall be used for no other purpose. If residing outside of the United States of America, the Client may be asked to complete appropriate forms for tax-reporting purposes. Moreover, the Client agrees to accurately complete such forms. In the event that the Client fails to provide accurate tax information or to complete any necessary tax-reporting forms, as determined at TargetVideo’s sole and absolute discretion, TargetVideo may withhold payment from the Client.

Late Fees. If any amount due hereunder could not be received by TargetVideo by the due date, such charges, at TargetVideo’s discretion, shall accrue late interest at a 12% (twelve percent) yearly rate or at the maximum rate permitted by law (should this rate be lower than the former), from the date such payment was due until the date on which the payment will be made in full. In addition, if TargetVideo does not receive the amounts invoiced hereunder, prior to the expiration of such period, TargetVideo may temporarily deny the Client’s access to the Services, upon a 10 (ten) days’ written notice.

Subscription Services

  • Stripe Payment. The Client understands and acknowledges that the TargetVideo may use “Stripe” for facilitating and managing payments for Subscription Services and therefore it is bound by the Stripe Payments Company Terms published on https://stripe.com/legal/spc and Stripe Services Agreement published on https://stripe.com/legal/ssa .
  • Auto-Renewal and Cancellation. If the Client intends to purchase a subscription to TargetVideo, he/she can choose between a monthly or yearly subscription, both of which are billed in advance via credit card or PayPal and renewed automatically. The Client shall also have the option of a recurring monthly subscription, which is available for purchase via credit card and which can be renewed automatically.
  • The Client agrees that TargetVideo, depending on the applicable billing cycle, may process his/her credit card or PayPal account on a monthly, annual or other regular basis, on the calendar day corresponding to the first day of the Client’s paid subscription. If that day does not exist in the subsequent month (e. g. there is no 30thFebruary), TargetVideo shall process the Client’s payment on the day which is the nearest in advance to the non-existing day (in the given example: on 28th of February).
  • All credit card payments shall be processed in EUR currency. The amount for which the Client’s credit card account will be charged shall be obtained through converting the price from USD to EUR. The said amount shall be converted to the Client’s local currency according to the card association’s exchange rate. Differences resulting from this conversion are to the disadvantage of the Client.
  • If not agreed otherwise between the parties, the Client can cancel his/her TargetVideo subscription at any time via his/her account, with 15 days previous written termination notice. TargetVideo reserves the right to cancel the Client’s subscription in case of a violation of these terms or for any other reasons.
  • The Client shall cancel an ongoing subscription before the renewal date. Cancellations made after or on the renewal date shall take effect only for the next billing period.
  • If the Client made payment to TargetVideo via a supported credit card, TargetVideo shall not save any data concerning such credit card.
  • If the Client has an annual subscription, all subscription cancellations shall come into effect at the end of his/her current annual period.
  • The Client hereby authorizes TargetVideo to charge all incurred fees and overages regarding the designated payment form, and acknowledges that periodic fees and overages may be charged automatically and without a separate authorisation. By choosing a recurring payment plan, the Client acknowledges that such Products or Editions shall have an initial and recurring payment feature. Moreover, the Client shall accept responsibility for all recurring charges prior to the cancellation.

Native Player Services

Providing the Video Technology and Video Content

TargetVideo provides a player to the Client as a SaaS solution including access to the TargetVideo video library. The player is integrated into the Client’s website, e.g. in the form of an AdTag, using  code provided by TargetVideo.  The player can be used to deliver Video content, native video ads and automated ad clips which can all be played through the player. All of these services are hereinafter referred to as “Video Technology”. The Client can decide in advance if and which video content to integrate from the library.

Client’s obligations

The Client agrees to integrate the ad tags and codes provided by TargetVideo in order for the same to be fully operational and visible on its website. TargetVideo will check and verify that the integration and the tracking are operational. The Ad Tags provided may only be used on Client’s website. The Client also agrees not to integrate the Ad Tags in environments that primarily contain content glorifying violence, sexual content or political content, or that receives automated traffic (bots).

Grant of Rights

TargetVideo hereby grants the Client a non-exclusive, non-transferable, non-sublicensable right to use and reproduce the Video Technology and the videoclips on its Website for the term and in accordance with the service order and/or individual agreement concluded between TargetVideo and the Client.

The Client hereby accepts the rights granted in this clause. TargetVideo warrants that the Videos from its library, when used by the Client in accordance with the Service Order and/or individual agreement between TargetVideo and the Client, do not infringe the rights of any third party. The codes provided by TargetVideo may only be used on the Client website.

Unless otherwise agreed in the Service Order and/or individual agreement between TargetVideo and the Client, the provisions of the German Tenancy Act shall apply.

Reclamation Policy. 

If the Client is dissatisfied with the Services because of incorrectly calculated prices or other deficiencies, he/she can submit a reclamation request.

In the aforementioned scenario, the Client shall be obliged to submit a written reclamation request to TargetVideo via email (accounting@target-video.com),  or to submit the said request orally to TargetVideo via telephone +49892154540 and point out the deficiency of the provided Service.

Upon receipt, the reclamation request shall be officially documented at once, and the Client shall receive a written confirmation of his/her reclamation request via email.

Upon receiving the said request, TargetVideo shall commence the process of internal control of the offered Services, and it shall deliver a detailed response within 15 (fifteen) days from the submission. TargetVideo’s response shall contain TargetVideo’s decision on whether it accepts the request, a statement on the reclamation request, as well as a definite suggestion and a deadline for the reclamation request’s resolution.

In case of a justifiable reclamation request, TargetVideo shall fully refund the amount paid for the deficient Service no later than 10 (ten)     days from delivering the response to the Client.

Conditions and Restrictions of Use.

  1. Termination

The parties may terminate the use agreement by cause or by convenience at any time without any termination period, except if the parties agreed differently within the Service Order or other individual agreement.

  1. Access to Content

The Client shall be aware that the majority of the content found on or through the Service is for general audiences, but that there may be certain adult or mature content. Where there is mature or adult content, persons under 18 (eighteen) years of age or persons prohibited from accessing such content under the laws of any applicable jurisdiction shall not access such content. If TargetVideo learns that any person under 18 (eighteen) years of age seeks to conduct a transaction through the Services, TargetVideo shall require a verifiable parental consent. Certain parts of the Services shall not be available to minors under 18 (eighteen) years of age under any circumstances. Furthermore, TargetVideo shall not allow the use of TargetVideo’s player for displaying pornographic material, regardless of whether that material is legal or not.

  1. Registration and Privacy.

Certain parts of the TargetVideo Services shall require the Client to register and provide certain data. Regarding the Services, by registering and providing such data, the Client represents and warrants: (a) that the data about him/her is true, accurate, up-to-date and complete (apart from optional items), as required by various TargetVideo registration forms (hereinafter: “the Registration Data”) and (b) that the Client shall maintain and regularly update the Registration Data to keep them true, accurate, up-to-date and complete. If the Client provides any data that is untrue, inaccurate, outdated or incomplete, or if TargetVideo has reasonable grounds to suspect that such data is untrue, inaccurate, outdated or incomplete, TargetVideo shall have the right to suspend or terminate the Client’s account and to deny him/her any and all current or future use of the Services. All of TargetVideo’s registrations shall become the exclusive property of TargetVideo, its affiliates, successors in interest, and subsidiaries. TargetVideo reserves the right to use and reuse all registrations and other personally identifiable information subject to TargetVideo’s Privacy Policy, available at  https://target-video.com/privacy-policy/. By using the Service, the Client acknowledges receiving TargetVideo’s Privacy Policy, including TargetVideo’s Notice Regarding the Privacy of Children Under 13. While on the TargetVideo Service. Clients may edit, update, alter or obscure their personally identifiable information at any time by following the instructions given in TargetVideo’s Privacy Policy. Upon registering, the Client shall receive a password for those portions of the TargetVideo Service that require registration. The Client shall be responsible for keeping the confidentiality of the password and ID, as well as fully responsible for all activities undertaken while using his/her password or ID. The Client agrees to (a) immediately notify TargetVideo of any unauthorised use of his/her password or account or of any other security breach, and (b) ensure that he/she will sign out of his/her account at the end of each session. TargetVideo shall not and will not be liable for any loss or damage arising from the Client’s failure to comply with this requirement.

TargetVideo shall be legally bound to protect the privacy of all the Clients of TargetVideo Services. TargetVideo shall collect only the necessary, elementary Client data and the information needed for conducting business and informing the Clients in accordance with good business practices, with the goal of providing the best possible quality of service. TargetVideo’s Clients shall be given the freedom of choice, including the choice whether or not they wish to remain on TargetVideo’s mailing list used for marketing campaigns. All collected Client data shall be fully protected and available only to employees who need them in order to carry out their work. All employees of TargetVideo and TargetVideo’s subsidiaries shall be required to adhere to TargetVideo’s Privacy Policy. The said employees shall also be held liable in case of breaching the said Policy.

  1. Monthly Usage Limits

The maximum number or volume of monthly playing of content, playing of ads, websites, videos, hostings, streamings, as well as authorisations to use the SDKs (software development kits) and TargetVideo’s platform shall be set forth in the applicable      Service Order, respectively. In any case, the maximum number of API requests shall be limited to 60 (sixty) requests per minute for regular API requests and 60 (sixty) requests per day for API Analytics requests.

  1. Confidential Transaction Data Security

Upon entering credit card data, confidential information shall be transferred via a public network protected by encryption, namely by using the Secure Sockets Layer (SSL) protocol and the public key infrastructure (PKI) system — the state-of-the-art standards in cryptographic technology. Data security during purchases shall be guaranteed by the credit card processor, Banka Intesa a. d. Beograd, and the entire transaction process shall be carried out by the said bank. At no point in the transaction process shall the confidential credit card data be available to TargetVideo.

  1. Responsibility for Minors.

In cases where the Client authorised a minor to use the Services, the Client acknowledges that he/she shall be fully responsible for (a) the online conduct of such minor, (b) controlling the minor’s access to and use of the Services and (c) the consequences of any misuse. Furthermore, the Client acknowledges that some parts of the TargetVideo Service may include content that is inappropriate for minors.

  1. Omitted or Erroneous

The Client acknowledges and agrees that, by using the Services, he/she may be exposed to offensive, indecent or objectionable content. Moreover, the Client acknowledges and agrees that the Services and content may contain errors or omissions, and that TargetVideo shall neither screen nor review the content published in the Service, so as to determine whether it contains false, defamatory, offensive, indecent or objectionable material, or material containing errors or omissions. Under no circumstances shall TargetVideo be liable in any way for any Client’s or other third party’s content, including, but not limited to, any defamation, falsehood, error, or omission in any such content, or for any loss or any damage caused by the use or publication of any such content, posted, emailed or otherwise transmitted via the Services. TargetVideo does not guarantee that any content will be to Client’s satisfaction. Should the Client believe that content published in or through the TargetVideo Service contains defamatory material or violates these Terms and Conditions, he/she shall contact TargetVideo at once. The contact details are given below:

Address: Machtlfinger Str. 21, 81379 Munich, Germany

Tel.: +4989215490

Email: info@target-video.com

  1. Client Agreement Against Circumventing Publisher Ownership Rights.

The Client acknowledges and agrees that his/her rights to view the published content, accessible in or through the TargetVideo Service, shall be strictly limited to those rights that are given to the Client in connection with his/her acquisition of the content. Unless expressly permitted by such rights, the Client shall not copy, reproduce, modify, publish, transmit, transfer, sell, maintain, retain, create derivative works from, distribute or redistribute, perform, link, display or in any other way exploit any content obtained through the TargetVideo Service, including, without limitation, incorporating data and/or content from the Service in any email, search engine, catalogue, directory or other products or services found in the telephone directory (i. e. the white pages), whether it is based on proprietary client-side applications, browser-based, web-based or otherwise. The Client understands, acknowledges and agrees that engaging in any of the aforementioned conduct shall constitute a crime and/or other forms of unlawful behaviour for which the Client shall be held criminally and/or civilly liable.

Fair Use Policy.

This Fair Use Policy describes the prohibited uses of the web services offered by TargetVideo. The list of examples described in this Policy shall be non-exhaustive. TargetVideo may modify this Policy at any time by posting a revised version on the Website. By using the Services or accessing the Website, the Client agrees to the latest version of this Policy. If the Client violates the Policy, or if he/she authorises other persons to violate the Policy or assists them in doing the aforementioned, TargetVideo shall temporarily or permanently deny the Client the use of the Services.

 

No Network Abuse

The Client shall make no network connections to any hosts, networks or other Clients unless the Client has the permission to communicate with the aforementioned. The prohibited activities shall include:

  • website monitoring or web crawling – impairing or disrupting the System subjected to website monitoring or web crawling;
  • denial-of-service (DoS) attack – inundating a target with communication requests so the target either cannot respond to legitimate traffic or it responds so slowly that it becomes ineffective;
  • intentional interference –   interfering with the proper functioning of any System, including any deliberate attempt to overload a system by email-bombing, email-spamming, broadcast attacks or flood attacks;
  • bypassing system restrictions – using electronic or other means of bypassing any use restrictions placed on a System, such as access restrictions and storage limitations;

Monitoring and Enforcement

TargetVideo reserves the right (without assuming the obligation) to investigate any violation of this Policy or any misuse of the Services or the Website. TargetVideo may:

  • investigate the violations of this Policy or the misuse of the Services or the Website, or
  • deny access to, remove, or modify any content or resource that violates this Policy or any other agreement that TargetVideo has with the Client on the use of the Services or the Website.

If any activity is suspected to violate any law or regulation, TargetVideo shall report such activity to the competent law enforcement officials, regulators or other relevant third parties. TargetVideo’s report may include disclosing relevant Client information. Moreover, TargetVideo may cooperate with the competent law enforcement agencies, regulators or other relevant third parties so as to assist in the investigation and prosecution of illegal conduct by providing network and system information related to the alleged violations of this Policy.

Prohibited Conduct

In addition to the above mentioned, the Client agrees to not use TargetVideo Services to:

  • Upload, post, email or otherwise transmit or post links to:
    • any content that is unlawful, harmful, threatening, abusive, harassing, hateful, tortious, defamatory, libelous, vulgar, obscene, pornographic, invasive of privacy or publicity rights or racially, sexually, ethnically or otherwise objectionable;
    • any content that promotes illegal activity, including, without limitation, instructions for undertaking such illegal activity;
    • any content that exploits the images of persons under 18 (eighteen) years of age, that discloses personally identifiable information on persons under 18 (eighteen) years of age or that is otherwise harmful to minors;
    • any Content that the Client does not have the right to transmit under any law or regulation or under contractual or fiduciary relationships – such as insider information or proprietary and confidential information learnt or disclosed as part of employment relationships or under non-disclosure agreements;
    • any content that infringes any patent, trademark, service mark, trade secret, copyright or any other intellectual property right (hereinafter: “Intellectual Property Rights”) of any party, or any content that contributes to inducing or facilitating such infringement; this prohibition shall include, without limitation, any form of software piracy;
    • any unsolicited or unauthorised advertisements, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation except in those areas designated for such purpose;
    • any material that contains computer viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, file, program or repetitive request for information, designed to limit or temporarily or permanently impair the functionality of any computer software or telecommunications equipment or to reduce the quality of, interfere with the performance of or impair the functionality of the Services;
    • any content regarding any raffle, contest or game requiring a fee from its participants;
    • any material that is false, misleading or designed to manipulate any equity, security or other markets;
  • collect or store personally identifiable information on other Clients for commercial or unlawful purposes;
  • impersonate any person or entity, including, but not limited to, a TargetVideo official or employee, or falsely state or otherwise misrepresent the Client’s affiliation with a person or entity or use misleading email addresses or falsify information in the header, footer, return-path, or any part of any communication, including emails, sent through the Services;
  • hold the Client’s own contests, promotions, raffles, games or similar events;
  • interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
  • sell, purchase or offer to sell or purchase any registered or unregistered securities;
  • decompile, disassemble, modify, translate, adapt, reverse-engineer, create derivative works from or sublicense any software used in connection with the Services;
  • advertise, offer for sale or sell (a) any item that the Client is prohibited from advertising or selling by any applicable local, state, national or international law, including regulations having the force of law, or (b) any of the following items:
    • any weapon, firearm or explosive;
    • any unpackaged food or food not complying with all the laws governing the food sale held by merchants and intended for consumers;
    • any alcoholic beverage;
    • any tobacco products intended for human consumption, including, without limitation, cigarettes and cigars;
    • any item that is indecent, obscene, hateful or racially, sexually, ethnically or otherwise objectionable, that is harmful to minors, that contains child pornography, or that is otherwise pornographic in nature;
    • any controlled substance or pharmaceutical;
    • any counterfeit or stolen item;
    • any dangerous item;
    • any non-existent goods or services;
    • any registered or unregistered security;
    • any item that violates or infringes the rights of other parties;
    • any item that the Client does not have the legal right to sell;
    • any items that, if advertised, offered for sale or sold through TargetVideo or the Service, would cause TargetVideo to violate any law.
  • The Client expressly acknowledges and agrees that TargetVideo may preserve the content and disclose such content if required to do so by law or in good faith that such preservation or disclosure is reasonably necessary to (a) comply with a legal process (b) enforce the Terms and Conditions (c) respond to the claims of any content violating the rights of third-parties or (d) protect the rights, property or personal safety of TargetVideo, its Clients and the public. Additionally, the Client acknowledges and agrees: * that the processing and transmission of the Services, including the Client’s content, may involve (a) transmissions via various networks and (b) changes in order to conform and adapt to technical requirements of connecting networks or devices; * that the other data on TargetVideo’s Clients collected and maintained by TargetVideo  may be disclosed in accordance with TargetVideo’s Privacy Policy; Furthermore, TargetVideo  may temporarily or permanently suspend any Client account for any Service because of Client inactivity. For example, a TargetVideo account may be temporarily or permanently suspended if a Client fails to sign in to the TargetVideo Service for an extended time period. What is considered “Client inactivity” shall vary depending on the Service. If one of the Client’s accounts is temporarily or permanently suspended due to inactivity, the Client shall immediately lose his/her right to use such Service.

Claims of Infringements upon Intellectual Property Rights

TargetVideo shall respect the Intellectual Property Rights of others. However, TargetVideo shall not independently confirm that all the content available through the TargetVideo Service is provided by a valid Intellectual Property Rights owner. Should TargetVideo become aware that the content published in or through the TargetVideo Service has been provided by a person who is not the Intellectual Property Rights owner, TargetVideo shall, at its discretion and in appropriate circumstances, temporarily and/or permanently suspend the publication of such content. If the Client believes that his/her work has been copied or published in a way that constitutes an infringement upon his/her Intellectual Property Rights, or that his/her Intellectual Property Rights have been otherwise violated, the Client shall provide TargetVideo’s Copyright Agent and/or General Counsel with the following information:

  • the electronic or physical signature of the person authorised to act on behalf of the owner of the Intellectual Property Right;
  • the description of the work which copyright or other intellectual property right has been allegedly infringed;
  • the aforementioned work’s location on the Website or in the Service;
  • the Client’s address, telephone number and email address (if available);
  • the Client’s statement that he/she has a reasonable belief that the disputed use of the aforementioned work is not authorised by the Intellectual Property Right owner, the owner’s agent or the law; and
  • the Client’s statement, under penalty of perjury, that the above-mentioned information provided by him/her in his/her notice are accurate and that he/she is the owner of the Intellectual Property Right or authorised to act on behalf of the Intellectual Property Right owner.

Any claim of infringement upon Intellectual Property Right shall be sent to TargetVideo’s Copyright Agent and/or General Counsel by mail,      or email as follows:

Address: Machtlfinger Str. 21, 81379 Munich, Germany

Tel.: +4989215490

Email: info@target-video.com

For a full understanding of any rights and/or remedies that the Client may have in case of any infringement, the Client shall be advised to seek legal advice.

Content License

     Except as otherwise provided by TargetVideo’s Privacy Policy, regarding any content posted by the Client in, to or through TargetVideo or the Services, the Client hereby grants TargetVideo a worldwide, royalty-free and perpetual license to use, copy, transmit, publicly display, publicly perform, create compilations, create derivative works from, and distribute, publish and promote such content in connection accordance with the service order and/or individual agreement concluded between TargetVideo and the Client. Such license shall apply to any form, media or technology, either currently known or developed later.    

Disclaimer of Warranties

The Services shall be provided “as is”, with no warranties. All express, implied and statutory warranties, including, without limitation, warranties of merchantability, warranties of fitness for a particular purpose and warranties of non-infringement, hereby are expressly disclaimed to the fullest extent permitted by law. Moreover, to the fullest extent permitted by law, TargetVideo

  • disclaims any warranty for the security, reliability, timeliness and performance of the Service;
  • disclaims any warranty for other services or goods received through or advertised in the Services or received through any links provided in the Services, as well as for any information or advice received through the Service or through any links provided in the Service;
  • disclaim any warranty for any information or advice obtained through the Service.

The Client expressly understands and agrees that TargetVideo disclaims any and all responsability or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or materials in the Services. TargetVideo disclaims any responsibility for the deletion, failure to store, misdelivery or untimely delivery of any information or material. Moreover, TargetVideo disclaims any responsability or liability for any harm caused by downloading or accessing any information or material through the Services, including, without limitation, harm caused by computer viruses or similar contamination or destructive events. TargetVideo does not provide any warranty regarding the reliability or accessibility of member webpages or any storage facilities offered by TargetVideo. The Client understands and agrees that any material downloaded or otherwise obtained through the use of the Service shall be done at his/her discretion and risk and that he/she shall be solely responsible for any damages to his/her computer system or loss of data caused by the download of such material.

Limitation of Liability

In case of intent or gross negligence on the part of TargetVideo or its agents or assistants thereof, during their performance, TargetVideo shall be liable according to the provisions of the applicable German law. The same shall apply in case of breach of fundamental contractual obligations. To the extent that the breach of contract/agreement is unintentional, TargetVideo’s liability for damages shall be limited to the damages based on reasonable estimates, but in no case shall they exceed the previously agreed annual fee. TargetVideo’s liability for culpable damage to the body or health shall remain unaffected.

The Client’s claims shall expire within 1 (one) year from the beginning of the limitation period according to German law – except in the case of intention or gross negligence. This shall not apply if the damage in question caused by the Client involves personal injury. Personal injury claims shall become statute-barred within the statutory limitation period.

Under no circumstances shall TargetVideo or the licensors thereof be held liable for any delay or failure in performance which directly or indirectly resulted from acts of nature, forces or causes beyond TargetVideo’s or the licensors’ reasonable control or responsibility, including, without limitation, internet outage, power outage, lighting, air conditioning or heating system malfunction, computer or telecommunications equipment failure, failure of other equipment, strikes, labour disputes, riots, insurrections, civil disturbances, labour shortages, shortages of materials, acts of God, fires, floods, storms, explosions, war, governmental actions, domestic or foreign court orders, domestic or foreign tribunal orders or non-performance of third parties.

Any liability not expressly provided by the paragraphs above shall be disclaimed.

Indemnity

The Client shall indemnify and hold TargetVideo and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees harmless against any claim or demand, including reasonable legal fees, made by any third party (particularly from claims arising from a breach of copyright, competition, trademark or data protection law) and asserted to TargetVideo concerning ads, placement or due to or arising from the content that the Client submitted, posted, transmitted or made available through the Service, his/her use of the Service, his/her violation of these Terms and Conditions or any other TargetVideo’s published and applicable terms of use, conditions, policies or requirements, or his/her violation of any rights of another. The obligation to indemnify shall comprise the reimbursement for the relevant costs that TargetVideo incurred by asserting or defending its legal rights in this context. The obligation to indemnify shall not apply if the claim results from intentional or grossly negligent behaviour of TargetVideo or its legal representatives or agents (gesetzliche Vertreter oder Erfüllungsgehilfen).

Third-Party Links

The website may contain links to websites run by other parties. The linked websites are not under TargetVideo’s control, and TargetVideo shall not be responsible for the content available on any other websites linked to the website. Such linked websites shall not imply TargetVideo’s endorsement for the material originating from any other site, and TargetVideo disclaims all liability with regard to the Client’s access to such linked websites. TargetVideo shall provide links to other websites as a convenience to the Client, and accessing any other websites linked to the website shall be at the Client’s risk.

Governing Law and Jurisdiction

These Terms and Conditions and the relationship between the Client and TargetVideo shall be governed by the laws of the Federal Republic of Germany without regard to its conflict of law provisions. Place of jurisdiction shall be Munich, Germany. However, TargetVideo stays entitled to file at any other competent court.