Conditions of Use
Community Code

Conditions of Use
 
Preamble 

The EYZ Media GbR, Köpenicker Str. 154, D-10997 Berlin, (herein referred to as 'EYZ'), operates an internet website using the URL http://www.realeyz.tv . The primary purpose of this website is to provide the tele-media Video on Demand service.


In particular, the EYZ platform offers following features and services:


  • Streaming/Download to own (DTO)/ Download to rent (DTR): This service allows EYZ users to download films (with streaming technology) from the online platform for personal, non-commercial use.


  • My Profile: Users may upload photos, add personal information etc., using the function "My Profile". Profiles can be seen and read by third parties/all other users.


  • Ratings: Users have the opportunity to rate films and to use the information available in the film databases for this purpose.


  • Comments: Users have the opportunity to post comments about films they have watched.


  • Community: Users can participate in the platform’s online community, where they can contact other users and take part in film-related discussions on the online forums.


  • Bonus Program: Especially active users who invite friends to viewings, write knowledgeable film comments that receive high ratings by other users, etc. can earn premiums such as free films.


  • Invite a Friend for Free: Users have the opportunity to invite another member or post an invitation to the realeyz.tv online Community at large for a free simultaneous viewing of a film.  Whoever first accepts the invitation is eligible to watch for free. Site visitors who are not yet members must first register to accept an invitation to watch for free.

The use of services offered by EYZ and the use of the EYZ website and platform is permitted only under the stipulation that users comply fully with the Terms and Conditions of Use as outlined in this contract. Users must also comply fully with the conditions mandated in the German Protection of Young Persons Act; the German Data Protection Act; and, in particular, the German Federal Data Protection Act (Bundesdatenschutzgesetz = BDSG).


Any misuse of, or unauthorized modification to the EYZ internet website and its contents is strictly prohibited. In particular, the copying or culling of information from user groups, user forums and comments, indexes, catalogues and databases, etc. is not permitted and will be prosecuted to the full extent of the law. Furthermore, any form of reproduction and/or dissemination/distribution of any and all EYZ content, or parts thereof, without expressed written permission from EYZ is prohibited.


Uninterrupted availability of the EYZ website is not guaranteed. Although we make every effort to achieve maximum accuracy, we do not claim or guarantee that information on our website, its contents or entry listings is full, complete or correct.


The following list of General Terms and Conditions of Use is valid for all legal transactions conducted between EYZ and End Users. These terms and conditions are considered accepted by the End User at the time any EYZ content or service is viewed, downloaded or utilized. The General Terms and Conditions of Use are available anytime online on the EYZ website.


§ 1 Area of Agreement

EYZ cannot be held subject to deviating or contradictory general terms and conditions of use put forth by End Users or of Partners, and this remains true even if EYZ does not object explicitly to such terms and/or if EYZ renders services as promised. Furthermore, this remains true even if the End User or Partner stipulates a specific form of contradiction or objection to the terms as stated herein.


If objection to said terms is debarred, contradictory conditions will be replaced by legal provisions. An agreement to any conditions deviating or contradictory to our own will be deemed binding only if these conditions have been agreed to by EYZ in writing.


EYZ expressly retains the right to change or modify its conditions and terms at any time in the future. End Users and Partners will be informed of changes on the website portal and/or per email. The user consents to these terms by registering or logging in.


§ 2 Conclusion of Contract

Authorized users are users of full legal capacity or users who participate with the consent of their legal representatives. 

Registration prior to use is mandatory for this website. Registration requires participants to select a user name and a password and to provide a valid email address. Furthermore, users are required to confirm and accept our Terms and Conditions of Use, Membership Rules and the Privacy Policy by clicking on each of the corresponding checkboxes. Thereupon this contract has been entered into.


The contractual relationship begins with account activation during the registration process when the user chooses and applies his/her login data. Users are obligated to give full and correct information regarding their true identity and to keep this information updated for the duration of the contractual period. The choice of user name is the providence of the user. However, it is prohibited to choose a user name that violates these Terms of Use or that suggests or incites sexual or racial hatred.


This contractual relationship is nontransferable. Users are expected and obliged to prevent abuse by third parties by safeguarding user data and account access, and will inform EYZ immediately of any misuse of their access information. Furthermore, users of EYZ are liable for any damages caused by unauthorized use of their accounts. The user can terminate his or her membership at any time by cancelling his or her account.


Usage of the website requires an internet connection with a download capacity of at least 750 kbit/sec. The contractual relationship between EYZ and the user does not include provisions for connection to the internet. As regards access to the internet, conditions contractually agreed upon between the internet provider and the user govern that access.


Users must provide for end-user devices that meet the technical requirements necessary to use our service. EYZ does not assume liability for or make any guarantees as regards malfunctions during the use of our service in the event that users lack the necessary technical equipment. To use our service, users' or clients' systems must fulfill the following minimum technical requirements:

  • Operating system: Windows XP, Windows Vista, Apple OSX

  • Browser: Internet Explorer, Firefox, Opera, Safari, Google Chrome 

  • Current version of Flash Player

  • Hardware: a system check will be made at the time of film purchase to determine if user hardware meets system requirements.


EYZ does not guarantee a speedy or successful streaming connection. In the event that, despite proof of purchase, streaming does not take place, EYZ will make every effort to facilitate successful streaming and, as a rule, provide a new viewing file at no further cost.


EYZ reserves the right to modify the technical requirements needed to access its service and to make the use of its service dependent on further conditions, for example, minimum age requirements etc. Furthermore, EYZ reserves the right to charge a fee for certain service components. EYZ will inform its users in advance of any fee-based service components and will obtain user consent for such services or performances. Users are obliged to pay fees only upon use of such services.


EYZ reserves the right to transfer its contractual rights and duties to one or more third parties (transfer of contract or Novation Agreement). The above not withstanding, EYZ reserves the right, at any time and without forewarning, to discontinue the portal, the services offered therein, or parts of those services. To the same extent, the usage rights of users will be terminated.



§3 Scope of Services, Usage, Revocation

After successful account activation, users are entitled to access for non-commercial, personal viewing the films available on the EYZ website.

In as far as EYZ offers viewing privileges limited to a certain period of time (so called “Download-To-Rent”), users purchase the right to access (stream) the film as often as they want within a 24 hour time period. EYZ grants users usage rights to the film purchase that are non-exclusive and  not restricted to a specific end computer.  This usage right is limited to a time period of 24 hours and may not be sublicensed. After 24 hours, access to the pay per view film expires automatically by virtue of DRM (Digital Rights Management) encoding. A reactivation is possible by repurchasing the film.

Insofar as EYZ offers users  film purchases for an indefinite time period (so-called “Download-To-Own”), users are granted the right to download, view, and store purchased films onto the hard drives of their computers. EYZ grants users in this case non-exclusive usage rights to the film purchased. This usage right is valid for an indefinite time period, may not be sublicensed.

Within the scope of usage offered by EYZ, users may be granted the right to burn or copy the film data to a portable player. The allowable number of copies granted to users in this case by this contract will be displayed at the time of purchase.

Users may be permitted in this case to distribute the allowable number of self-made copies to close members of their family and social circle for private use as permitted under the law. Any usage above and beyond this is prohibited. In particular, commercial use of purchased films is prohibited. This applies especially, though not exclusively, to selling, distributing, or using for any other purpose copied DVDs. Users are prohibited from abusing the service provided.


By using the so-called “Download-To-Rent” service, users agree:

  • not to edit films, or portions thereof, in any way;

  • to use the accessed film for personal, non-commercial use only;

  • not to show accessed films in public. Furthermore, users agree not to allow public access when a film is running, not to permanently or locally save or store, nor send, process, copy, disseminate, publicly play, advertise for, or in any other way distribute, circulate, or exploit the accessed films, or aid in any such unauthorized use, nor to use the film for any other reason, or in any other form other than has been explicitly authorized in this contract;

  • not to circumvent, disable, or interfere with the DRM (Digital Rights Management), or any technical security measures and/or data used in the digital rights management.

Users must comply with national and international copyright and intellectual property rights law. Any film accessed must be used in compliance with the usage rights stipulated in this contract. The user is expressly prohibited from removing or modifying any copyright, property rights, and/or trademark notices.


As a rule, users have the right to terminate contracts that have been entered into over the internet (distance contracts). However, this right to terminate expires before the end of the revocation period in the event that EYZ has begun to provide services that have been placed with the explicit consent of the user before the end of the legal revocation period, and/or the user initiates this himself or herself (for example, by accessing content provided by EYZ). This is the case if any EYZ service is used, so that the right to terminate this contract expires once a film has been successfully accessed by users.


The user agrees to pay applicable usage fees as they occur. Prior to accessing a film, the user will be informed of film usage fees. The user is also obliged to pay usage fees occurring in the event that third parties, whether with or without consent of the user, access or use content that has been retrieved over the user internet connection, or by using the user name and password. This does not apply if the user cannot be held liable for the usage in question. The burden of proof of usage liability rests, in any event, on the user.


EYZ retains the right to alter at any time its film selection and the applicable prices and description of service (for example, when updating film catalogs). The same applies to the technical specifications for film access. In the event that a change in technical specifications affects the necessary technical requirements of the client/user, EYZ will inform clients/users of such change.


It may occur that, due to licensing agreements, availability of certain films may be limited to specific geological regions, and may not be accessible worldwide. Film availability in such instances will be limited by way of geo-targeting and IP-blocking technologies.


The user of EYZ is authorized to rate films and film titles and to write comments and to make personal submissions to the platform.

As concerns film ratings, be aware that insulting language is not permitted, and negative ratings must be expressed in an objective manner. If users rate companies or persons to whom they are related, such relationships must be openly acknowledged.  Submissions or comments made by users do not in any way represent the opinion of EYZ.


EYZ will make every effort to publish user submissions as quickly as possible. The user hereby acknowledges that the EYZ content is subject to change. Users are not legally entitled to uninterrupted access to, or publication of, any user submission.


EYZ is authorized, in particular for its own search function, to improve the way the platform offers texts, pictures, and videos by creating thumbnails (small preview images), and to publish these on its website portal. Furthermore, EYZ is authorized to store and distribute content to third parties if provided for under mandatory statute, or, if according to our best judgment, such action is deemed necessary and permitted by law in order to:

  1. fulfill legal requirements or court order or official directive,

  2. to enforce these Terms and Conditions of Use,

  3. to fulfill third-party liability claims based on an enforceable rights infringement or violation of the law, or

  4. to ensure the rights, the property, or the personal safety of EYZ, its users, and/or the general public.


EYZ is authorized to terminate the usage rights of users if they violate the Terms of Use, or fail to fulfill the responsibilities stipulated therein.



§4 Warranty and Liability

Because the EYZ platform operates in real-time mode, it is not feasible for EYZ to audit all member submissions. EYZ, as a general rule, does not audit member submissions, nor does EYZ audit content provided by users. Therefore, EYZ does not assume liability for the form, accuracy, appropriateness, or quality of such content.


Any author of submissions to the website is responsible for his or her own submission,  and agrees not to contribute content or make entries which: violate existing German law or the rights of third parties (copyright, trademark, personal rights, and name and publicity rights); violate these terms and conditions of use; go against accepted principles of morality or public decency. The same applies to the user name and profile  picture chosen by users.


In addition, it is prohibited for users to make comments, disseminate, or otherwise make content or information available that is libelous, offensive, abusive, discriminating, or otherwise illegal. The same applies to choice of user name, regardless of form (text, link, image, sound recording, etc.).


Furthermore, the user agrees to abstain from actions that impair or could impair the functionality or performance of the EYZ portal.



EYZ is not required to publish users submissions. EYZ is authorized to reject contributions by members or users, and subsequently prohibit them from making future contributions, at any time and without stating grounds.

Furthermore, EYZ retains the right to prevent at any time, also subsequently, users from participating in or using some or all of its services if it becomes known that these users:

  • abuse services or product offerings, for example through the use of "robots", "spiders" or "offline” readers or other similar malware,

  • fail to comply with or violate contract specifications,

  • violate the rights of EYZ or third parties,

  • use the EYZ service or portal in such a way as to jeopardize the good reputation of EYZ.


The user is liable to EYZ for any damages, costs and expenses arising from any violation to the contractual agreement between EYZ and the user, in particular those obligations arising from the regulations contained herein, and releases EYZ from any third party claims upon initial request. This also includes the costs for adequate legal representation. This provision is not applicable in the event that the user is not responsible for the violation. Burden of proof rests in all cases on the user.



Furthermore, in the event of liability, violations against this contractual agreement between EYZ and the user, as well as in the event of reasonable and serious grounds for suspecting such infringements of user contractual obligations, EYZ is authorized to suspend the service or features related to the infraction. Along these same premises, EYZ is also authorized in the event of good cause, to immediately terminate this contractual agreement without prior notice.


EYZ’s liability is limited exclusively to malicious intent, gross negligence, or negligent breach of contractually significant obligations. This liability is limited to foreseeable, typically occurring damages. Above mentioned is not applicable if EYZ has misrepresented or failed to disclose a defect, or has assumed guarantee for the existence of a feature. The same applies for EYZ's vicarious agents.


Liability for culpable injury to life, body, or health, as regards product liability law,  remains unaffected. EYZ is not liable, except in the case of malicious intent and gross negligence, for the misuse of information by other users, or by third parties, or for unauthorized third parties obtaining user information. Likewise, EYZ is not liable for damages due to disruptions of service caused by third parties, as, for example, by viruses, email bombing, DDoS attacks or for similar damages for which EYZ is not accountable. Further claims of the user, especially damage claims due to lost profits or other lost property or financial damages are excluded.


EYZ attempts, to the best of its knowledge, to keep its internet site content and services free of viruses, worms, trojans, and the like. In the event that EYZ is liable for a disruption to service that prevents or considerably disrupts contractual use of an accessed film, EYZ will, at its own discretion, either immediately make improvements to, or provide replacement for, the film in question.


In accordance with §536a of German Civil Code, EYZ cannot be held liable, regardless of negligence or fault, for damages due to defects already in existence at the time this contract goes into effect. Users will immediately report any noticeable service malfunction by mailing a service disruption report to support@realeyz.tv (malfunction report).


§ 5 Copyright, Confidentiality

The user is aware that EYZ and third parties (rights holders) hold copyrights to content on the website. All materials available on the portal (text, pictures, graphics, music, animations etc.), as well as the related layouts, are protected by copyright laws. These rights are owned by EYZ. EYZ also owns all rights to the web design, trademark, usage rights and technologies therein. In the event of infringement of the aforementioned obligations, EYZ is entitled to full compensation for any resultant damages.


Publication rights to submissions made by users will be transferred permanently and irrevocably to EYZ, or the provider, at the time these submissions are sent – as long as the user is the legal holder of these rights. Submissions to which the sender is not publication rights holder may be submitted and published. However, the user warrants that in doing so, the rights of third parties will not violated.


Users agree to handle with confidentiality, and not to disclose to third parties, all files, data, and or any other information received or obtained from other users within the capacity of this website’s service or features unless authorized by the individual in question.


§ 6 Data Privacy Protection

All personal data will be handled confidentially in accordance with the Privacy Policy.


§ 7 Final Provisions

This agreement shall be governed exclusively by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods, as well as reference to the legal conventions of other countries.


Any collateral agreements, amendments to, or supplements of this agreement must be in writing in order to be valid.


If any individual provision of these Terms of Service is deemed in part or whole invalid by a court of competent jurisdiction, or is deemed to contain invalid provisions or elements, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. All concerned parties are required in such an event to participate in composing new Terms of Use to replace the invalid or missing provisions that come as close as possible to the desired result as is economically feasible and legally valid for the interests of both parties.


If the user is: a merchant; a legal entity under public law; a special fund under public law; or has legal domicile outside of the German Federal Republic, the place of fulfilment and sole jurisdiction will be those of the user of these provisions. EYZ can also file suit in a court of law at the place of jurisdiction of the user.


Berlin, August, 2009