1. Scope of Application
2. Specification of Service
2.1 - With the VP the User may upload video files and commentaries for publication on the VP (hereinafter the "Content") having a connection to human right issues.
2.2 - weye is a secure port of call for human rights videos and aims to help people by sharing their stories to the world. Changemakers across the world can safely and anonymously upload their video stories. weye tries to improve the reliability of the material by verifying the videos via innovative technical developments, experts and the community.
2.3 - The use of our VP is free of costs (see sect. 4 below). Therefore, we may change such features to the extent to which this is not unreasonable for the User or end our service under consideration of eventual termination periods.
3. Requirements for Use, Age
3.1 - The VP is thought for users having attained an age of at least 18 years.
3.2 - For using the VP, the User needs to have an internet access and a suitable electronic device.
4.1 - We do not charge any costs for the use of our VP.
5. Registration, Video Format, Upload and Publication
5.1 - Registration is not required to use the VP. Only an e-mail address shall be provided by the User, which we shall only use for an eventual validation of the Content and to contact the Users for queries linked to the Content or the contract concluded. We will not transmit the User's e-mail address to any third party.
5.2 - The User may upload his/her Content in the data formats specified in more details within the uploading process.
5.3 - To initiate the uploading process, the User must klick the upload button on our internet site, choose the file he/she wishes to upload from his/her device and klick the button "upload".
5.4 - We may provide the User with the possibility to choose a safer connection to upload video files on the VP. Currently, the User may use the "Tor Browser Bundle", a software designed to enable anonymous web browsing. Through the Tor Browser, the User may then access our secure upload http://ydtjl5cn3smvsork.onion/…[t3] and can safely and anonymously upload the video. If you write us through TOR, the files you upload and the notifications we will receive will be encrypted. This context may contain the same description, fields and settings of the other, but has selected an encrypted receiver.
5.7 - However, we reserve the right, not to publish Content provided by the User if it does interfere with the Code of Conduct set forth below.
6. User's Code of Conduct
6.1 - We are technically unable to assure if a User is the person he/she pretends to be. Therefore, we do not make any representation with regard to the identity of a user.
6.2 - The User shall,
- only upload Content that may be publicly displayed, including the right to make such Content available on the internet, and does not impinge upon third party's rights (including rights of privacy or rights of publicity);
- observe all applicable laws and third party's rights when using the VP.
6.3 - The User shall in particular not
- post racist, inhuman or offensive Content;
- post Content being pornographic or in contradiction to laws for the protection of the youth or to solicit, offer or distribute products being pornographic or in contradiction to laws for the protection of the youth;
- disturb other users in unreasonable manner (particularly through spam);
- post legally protected Content (e.g. by copyright, trademark, patent, industrial design or utility patent law) or to solicit, offer or distribute legally protected goods and services, in each case without being entitled to do so;
- conduct or promote anticompetitive actions, including progressive user recruitment (as chain, snowball or pyramid schemes);
- block, overwrite, modify, copy our VP entirely or partly to the extent to which this is not necessary for the proper use of these services or explicitly allowed by us;
- perform activities being suitable to affect the functionality of our infrastructure, particularly overload it;
6.4 - In the event of a breach of the preceding provisions or any unlawful Content or behavior, we are entitled to exclude the User from further use of the VP temporarily, permanently, partly or entirely and, to the necessary extent, to take other measure in order to end the violation. In such cases, we are in particular entitled to delete Content from the VP without prior notice.
7. Responsibility for user generated content, data and/or information
7.1 - We shall not be responsible for Content, data and/or information provided by our Users and for content of linked extern websites. We do particularly not warrant that such content is true or serves or may serve a certain purpose.
7.2 - If the User discovers a use of the VP being contradictory to law or these provisions, he/she is kindly requested to inform us correspondingly.
8. Grant of Rights by the User
8.1 - The Content provided by the User may be published on the VP.
8.2 - In addition, we may use the Content as described below.
8.3 - With the upload on the VP, the User grants us with a transferable, sublicensable and non-exclusive right of use free of charge, unlimited in space or time, to use the Content on the VP and for any non-commercial known types of use. The grant of right also includes all unknown types of use. The aforementioned right to use shall especially include the following rights without limitation:
8.4 - The right to reproduce, distribute, translate, rent, exhibit, recite, perform, publicly display and make publicly available (wireless or wire-bound), broadcast the Content in on the VP in any form or manner
8.5 - The right to use the Content beyond the VP on other internet media and internet based types of use, e.g., RSS feeds, other internet portals and communities irrespective of the end devices (e.g. for mobile phones, tablets, game consoles, computers), within the scope of the preceding grant of rights.
8.6 - If provided, the user name will be automatically mentioned with the Content on the VP. However, the User resigns from the right to be explicitly mentioned as copyright holder of such content.
8.7 - The grant of rights is gratuitously. §§ 32, 32a, 32c UrhG (German Copyright Act) shall remain unaffected.
8.8 - The User shall only post Content if he/she is (and continuous to be) the copyright holder and if he/she disposes of sufficient rights therefore (e.g. use and exploitation rights), especially the right to making the Content publicly available and sublicensing.
8.9 - A Commercial use of the Content with the aforementioned rights is only permitted with the User's consent. We may therefore ask the User for such permission within the upload process. The User's decision whether or not to permit such commercial use has no influence on the Content's publication on the VP. For the avoidance of doubts, if the permission is provided, we are entitled but not obliged to a commercial use.
8.10 - Generally speaking, we are neither entitled nor interested in changing the Content in any way. However, we shall have the right to modify, alter, edit and change the Content to the extent to which this is explicitly required by competent public authorities and/or by one or more court decisions. We may publish the modified, altered, edited and/or changed Content according to the provisions of the section.
8.11 - In addition, we may provide the Content with tags, information or other additions having no textual influence thereon but may be required to satisfy legal preconditions for publication, e.g. for the protection of the youth
9. Termination, Deletion
9.2 - We may also delete any Content that is available on the VP more than once.
9.3 - The User may request deletion of the Content only for compelling reasons, which means that taking into account all the circumstances of the specific case and weighing the interests of both parties, it cannot reasonably be expected to continue the public availability of the Content.
9.4 - Our contract is concluded for an indefinite period of time. With the deletion of the Content the contract concluded between the User and us is automatically terminated.
10. Revocation right
10.1 - Revocation Right: You may declare the revocation of your contractual statement within 14 days weeks without giving grounds. The revocation period is 14 days from the conclusion of the contract.
10.2 - In order to exercise your right of revocation, you must notify us …[t8] Irrepressible Voices e.V., Postfach 040524,10063 Berlin, Germany, Tel.: +49 40 368 400 70, E-mail: firstname.lastname@example.org accordingly in an unequivocal statement (e.g. letter sent by post or e-mail) of your decision to withdraw from the agreement. You may use the attached sample revocation form for this purpose. However, this is not mandatory. Sending notification of your intention to exercise your right of revocation prior to expiry of the period of revocation shall be sufficient to comply with the period of revocation.
10.3 - Consequences of revocation
10.4 - If you withdraw from this agreement, we shall refund all payments that we have received from you, including delivery costs (with the exception of additional costs that arise if you have selected a form of delivery other than the cheapest form of standard delivery offered by us) without undue delay and within fourteen days at the latest from the date on which we received the notice of revocation. For this refund, we use the same method of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund. Did you ask for a start of the services during the revocation period you have to pay us an appropriate amount that equals the part of the services provided until the time you have notified your exercise of the revocation right with respect to this contract in relation to the overall volume of the services set forth in the contract.
End of revocation instruction
11.1 - We will show best effort to provide users access to the VP 24 hours a day and 7 days a week. However, temporary service interruptions due to usual maintenance, to system disturbances, to internet disturbances of other providers or of operators and to force majeure may occur. Therefore, the User is not entitled to a steady and continuous access of the VP. We do not owe any definite service availability.
11.2 - In the domain of internet and mobile communication, a performance free of disturbances is not possible. We may not be held responsible for the steady availability of our technical systems, the accuracy or completeness, correctness or actuality of the information provided to the User or for errors of data transfer.
12.1 - The User shall indemnify, defend and hold our board members, members, employees and us harmless from and against any claims, arising out of or related in any way to the User's (alleged) infringement of these Conditions or third parties' rights. This shall also include reasonable attorneys' fees. We may decide whether to lead defense by ourselves or ask the User to overtake such defense.
12.2 - The aforementioned duties shall not apply to the extent to which the User is not responsible for the relevant infringement.
12.3 - In the event of any claims filed by third parties, the User shall immediately provide us with all information necessary for the assessment of the third parties' claims.
13.1 - The service of an interactive website is based on the exchange and publishing of User information, news and data. Every User is free to decide which user related information is available to others.
13.2 - We only collect, use and processes personal data within the execution of the contract according to statutory provisions.
13.3 - As for the rest – and subject to the User's consent – the provisions of the privacy statement shall apply.
14. Applicable Law, Place of Performance and Venue.
14.1 - This contract is subject to the laws of the Federal Republic of Germany excluding the United Nations Convention on the International Law of Sales (CISG), even if the User's residence or place of business is located in a foreign country.
14.2 - Place of Performance is Berlin, Germany.
14.3 - Our principal place of business of shall be the exclusive venue for all current and future claims arising out of or in connection with the business relationship with merchants, public law legal entities or special public law funds, unless statutory provisions provide for another exclusive. The same venue applies if the User does not have a domestic general venue, moved its residence or usual place of abode to another country after conclusion of the contract or its residence or general abode is unknown at the time the suit is filed. Statutory provisions of European Jurisdiction and Enforcement Regulation shall remain unaffected. If the User is a consumer according to German law and has his/her habitual residence in a foreign EU-Country, he/she may also invoke the mandatory provisions of his/her country of habitual residence protecting him/her as a consumer.