Terms of Use / End User License Agreement (EULA)
German Version
Dear user, You are invited to use the Services provided by Mojitofilms GmbH, Bavariafilmplatz 7, 82031 Grünwald, Germany (hereinafter referred to as "Mojitofilms" or "We") on the basis of these EULA. "Services" hereinafter means the entirety of all services provided to You by Mojitofilms. These are made available to You in the form of software or web-based software, e.g. as an application or web application ("App") via the Mojitofilms platform (hereinafter "Platform").
Scope
These EULA apply to all services that Mojitofilms, as the operator of the Services, makes available to the users (hereinafter referred to as "You") via the Services, regardless of the end device used by You.
The Services are available for use by both, consumers within the meaning of § 13of the German Civil Code (Bürgerliches Gesetzbuch, "BGB") as well as entrepreneurs within the meaning of § 14 BGB.
A consumer is any natural person who enters into a legal transaction for purposes that can not be attributed to his or her commercial or independent professional activity, for the most part.
An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
The app components of the Services are made available to You via the Apple App Store and Google Play or similar online portals (hereinafter: "App Stores"). The installation of the app on Your end devices must be carried out by You according to the specifications of the respective App Store operator. Upon registration in accordance with Section 2 Paragraph (2) of these EULA, you are entitled to use the Services in accordance with these EULA. The further use of the Services is possible without further costs, as far as Section 5 paragraph (2) of these EULA does not provide otherwise.
Registration/Availability
The Services can only be used after completing a registration process and creating a personal user account and profile.
Your registration takes place via a registration mask set up for this purpose. First You have to create a new user account. For this purpose, we ask You to provide Your e-mail address, your full name (last name and first name) and a sufficiently secure password for your user account. After Your registration, You will receive an e-mail from Mojitofilms, which asks You to confirm your registration via an activation link (so-called "double opt-in procedure"). Only then will Your user account be activated. Only after Your user account has been activated, You are able to use the functions of the Services. There is no right to activation. We are entitled to refuse the use of the Services for any reason.
You may only register for the Services and use them if you are of age and legally competent. Minors, i.e. persons who have not yet reached the age of 18, or persons who are not legally competent, are only entitled to use the Services if they have the consent of their legal representative(s). With You registration, You also assure that You are either of legal age or that You have the consent of Your legal representative(s).
You are obligated to provide all information required for registration truthfully, currently and completely and to keep this information current and correct also in the future. Multiple registrations are not permitted. Due to the free nature of the Mojitofilms Services, there is no claim to a certain quality, accessibility at any time or permanent availability of the Services and / or Your content and data. However, Mojitofilms tries to keep the Services as accessible and trouble-free as possible. Unavailabilities due to maintenance work, will be announced by Mojitofilms in advance, if possible, by e-mail or in the Services, taking reasonably into account the legitimate interests of the users.
Content Sharing/Rights of Use
If You decide to share content via the Services, You understand that the content you share may not only be viewed, but also be downloaded or copied by other users by using additional tools.
You grant Us an irrevocable, non-exclusive, royalty-free right of use, unrestricted in terms of space, time and content, transferable to third parties, to content created by You and posted on the Services. We are entitled to use, edit and exploit the content at any time. This includes in particular,
the right of reproduction, the right of distribution and the right of public disclosure, in particular the right of making content accessible to the public;
maintaining Your content;
to display and transmit Your content to You and to persons or groups authorized by You, and process it in this context,
to modify your content for technical purposes (for example, to ensure that the content can be displayed on smartphones and computers),
convert content (a) into a non-traceable, anonymized form, and analyze, aggregate, evaluate and (b) use such anonymized content (e.g., to improve the Services or other Mojitofilms products, to generate evaluation results and reports on usage of the Platform or the Services, or to make suggestions for additional products or services).
As far as relevant, You waive the right to cite You as the author ("Recht auf Urheberbenennung").
All rights to the Services and the content created by Us remain with Mojitofilms. You are prohibited from copying, distributing and/or publishing content that We, other users or third parties have uploaded to the Platform. The distribution and/or public reproduction of any content of the Platform without Our consent is prohibited.
User's Obligations Towards Mojitofilms:
We are entitled to block or delete specific content at any time, for example if there is suspicion that it violates applicable law or the rights of third parties. The culpable violation of one of Your obligations arising from these EULA entitles Mojitofilms to block or delete Your user account.
You are obligated to keep Your self-chosen password of Your user account secret and not to make Your user account available for use to any third party. You are solely responsible for the security of Your password (which should ideally consist of upper and lower case letters, numbers and special characters and should not contain any personal data or readable words) and Your user account.
Mojitofilms is not liable, except in the case of intent and gross negligence on the part of Mojitofilms, for damages caused by the unauthorized use of a user account by third parties. It is implied that every use of the user account has been made by the registered user himself. If You therefore make Your user account available to a third party, You could under certain circumstances be held fully liable for his actions. A liability is excluded if You can prove that You have protected Your password sufficiently in the sense of the above paragraph 2 against unauthorized access. You undertake to inform Mojitofilms immediately by e-mail, about any misuse of Your user account and to change Your password immediately. The foregoing shall also apply if reasons merely indicate misuse by third parties (in particular by hacking of the user account). Mojitofilms is entitled, at its own discretion, to block Your user account until such circumstances have been clarified.
You shall ensure, that You can be reached by Mojitofilms via the email address You have provided in Your user account.
You are responsible for independently storing, printing or otherwise archiving Your data outside the Services, especially insofar as such data is of particular significance or importance to You.
By accepting these EULA, You agree to comply with these Terms of Use and applicable laws (e.g. criminal law, competition law and the law for the protection of minors) and not to violate any rights of third parties (e.g. name rights, trademark rights, copyrights, image rights and data protection rights). In particular, You agree not to use the Services as follows:
for the distribution of insulting, harassing, violent, glorifying violence, sexist, pornographic or racist words, terms or other content
for the dissemination of religious or political content
for the spreading of advertisements (including so-called spam, i.e. unsolicited mass mailings) or chain letters via e-mail or chat
spying on, and the unauthorized disclosure or dissemination of personal or confidential information of other users or employees of Mojitofilms
inciting or instigating criminal acts and violations of the law, threats against life, limb or property
for agitation against persons or companies
for statements violating personal rights, slander, defamation and defamation to the detriment of users and third parties
for violations against laws against unfair trading
zur sexuelle Belästigung von Nutzerinnen und Nutzern und Dritten
for offensive, sexist, obscene, vulgar, vile or disgusting materials and language
to make publicly available legally protected images, photographs, graphics, videos, music, sound files, texts, trademarks, titles, designations, software or other content without the consent of the rights holder(s) or permission by law or legal regulation
for the distribution of files containing viruses, trojans, worms or corrupted data
The aforementioned prohibition to use the Services for the aforementioned purposes or to use corresponding contents that represent, concern or contain the aforementioned conduct shall also apply, if the respective contents do not violate applicable law, the rights of third parties or morality.
It is also a violation of personal rights and therefore prohibited, to remove the anonymity of other users or to disclose information of other users from private messages, e-mails or chats that are not intended for the public. Users may not include in their posts or otherwise disclose any information that could reveal the identity of another user or that the user has received from other users exclusively in private messages, e-mails or chats.
The Services can only be accessed and used with common web browsers. You undertake to set up Your systems and programs when using the Services so that neither the security, nor the integrity, nor the availability of the Services or Mojitofilms' systems used to provide the Services are impaired. In particular, You shall refrain from all actions that may lead to an excessive load on Mojitofilms' servers and/or negatively affect the functions of the Services for other users, as well as from entering the Platform or the server beyond the possibilities opened by Your user account. In particular, it is prohibited to exploit bugs in the design, features or other program errors to gain access to otherwise inaccessible areas or to use "auto" software programs, "packet sniffing software" "macro" software programs, "cheat utility" software programs or other scripts or other technical tools, that may influence the functions of the Services to Your advantage and/or disadvantage of others, or that may be used to obtain unauthorized information, e.g. about other users. The automatic reading, blocking, overwriting, modifying, copying of data and/or other content is prohibited, unless this is necessary for the proper use of the Services.
Liability
As far as Mojitofilms provides services free of charge, Mojitofilms is only liable for grossly negligent or intentional damage caused by the user. In the case of services provided for a fee, Mojitofilms is also liable in the event of breach of essential contractual obligations which enable the proper execution of the contract in the first place and on the compliance of which the contracting party regularly relies and may rely ("material obligations" (Kardinalspflichten)), whereby in the case of negligent breach of material obligations, the liability of Mojitofilms is limited to the damage foreseeable at the time of conclusion of the contract and typical for this type of contract, up to a maximum of three times the value of the service to be provided. This limitation of liability also applies in favor of the vicarious agents of Mojitofilms.
The above limitations and exclusions of liability shall not apply in the case of injury to life, body and health or in the case of the assumption of a guarantee by Mojitofilm.
Changes to the Services or to these EULA
Mojitofilms is entitled to change the design and functions of the Services during the term of Your use, without prior notice. There is no right for users of Our Services to maintain certain functions.
Mojitofilms may amend these EULA with effect for the future at any time, in particular to the extent necessary to
offer the Services as a whole or individual premium functions as a payable service;
introduce new functions
make necessary adjustments to the current legal and statutory situation or case law.
Such changes to the EULA will be communicated to You by means of a notification. The notification of changes will be made either on the website of Mojitofilms, by opening a special window or a highlighted notification when logging into Your user account or by sending an email to the email address You have provided.
After receipt of a change notification, you can delete or demand the deletion of Your user account if You do not agree with the changes. If You do not delete Your user account within 14 days after receipt of a change notification or request a corresponding deletion, the amended EULA will become effective. Mojitofilms will point out the possibility of deletion, the deadline and the legal consequences in the notification of the changes to the EULA.
Data Protection
The operation of the Services requires that Your personal data is collected, stored or otherwise processed. This may be data that You enter yourself when using the Services and make available to other users and/or the general Internet public, but also data with which You register or which arise during Your use of the Services. In part, We collect and use such data for our own purposes in accordance with the Mojitofilms privacy policy in effect at the time and in compliance with all applicable laws. In our privacy policy (available at: [...]) You will find more detailed information. In particular, it explains which data Mojitofilms collects, how Mojitofilms uses Your data and how You can protect Your privacy.
Term, Termination
The contract between Mojitofilms and You concerning the use of the Services is concluded for an indefinite period and can be terminated by either party without giving reasons and without notice, at any time. If you wish to terminate the contractual relationship, We ask You to delete Your user account or to send us a corresponding termination declaration. A notice in text form (email, letter, fax, etc.) is sufficient for a termination declaration.
In case of termination, You will no longer have access to your user account, profile and content.
If you do not use your user account for more than six months, Mojitofilms may delete the user account without prior notice.
Miscellaneous
The contract in accordance with these EULA shall be governed exclusively by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If You are a consumer within the meaning of § 13 BGB and have Your habitual residence abroad, mandatory consumer law provisions of this state remain unaffected. Contract language is German.
If You have Your residence or habitual abode outside the Federal Republic of Germany, the seat of Mojitofilms is the exklusive place of jurisdiction. The seat of Mojitofilms is also the exklusive place of jurisdiction if the user is a merchant, a legal entity under public law or a special fund under public law.
Mojitofilms will not store these terms of use or other contract texts for You. We therefore suggest that You save or print them independently for Your records.
