130608_EN_NB_u_TNB_SYLT_finalwithout prize draw

130608_EN_NB_u_TNB_SYLT_finalwithout prize draw

 Audi AUDI A3 CABRIOLET Terms of Use and Participation
I.
Terms of Use for the “AUDI A3 CABRIOLET” Audi Web Special
§1
Subject matter
1.
With
the
“AUDI
A3
CABRIOLET”
Audi
Web
http://microsites.audi.com/a3cabrio (hereinafter: AUDI A3
Special
at
CABRIOLET Web
Special) AUDI AG (hereinafter: Audi) offers users the opportunity of creating their
personal road movie by uploading their own profile images/Instagram images (i.e.
photograph of themselves), combining them with videos and pieces of music
provided by Audi and uploading them onto the web page of the “AUDI A3
CABRIOLET” Audi Web Special. Furthermore, users can also share content uploaded
for the AUDI A3 CABRIOLET Web Special with third parties via Facebook, Google+,
Twitter or by e-mail using the “share” function” (hereinafter: Share Function), even
without registration.
2.
These Terms of Use define the use of the AUDI A3 CABRIOLET Web Special,
particularly the uploading of the road movies created by users (hereinafter: User
Content). Use of the AUDI A3 CABRIOLET Web Special is voluntary.
3.
The user accepts that 100% availability of the AUDI A3 CABRIOLET Web Special is
technically impossible. However, Audi shall endeavour to make the AUDI A3
CABRIOLET Web Special constantly available as far as possible. In particular,
maintenance, security or capacity issues as well as events which are beyond the
control of Audi (e.g. malfunctions in public communication networks, power
failures, etc.) can lead to brief malfunctions or to a temporary discontinuation of the
services.
§2
Creation of a user account – registration
1.
The user can enter the data via the Facebook login or the Instagram login provided.
The Facebook login or Instagram login requires an existing member’s account with
Facebook and/or Instagram. The user expressly declares his consent to the use of
the user data transferred during the Facebook login or Instagram login from his
Facebook account and/or Instagram account as part of the AUDI A3 CABRIOLET
Web Special.
2.
The user data stated by the users via the Facebook login or Instagram login must be
correct.
3.
The user is not permitted to pass on his password, transfer his user account to
another person, allow another person access to his user account or perform any
other acts which might endanger the security of the user account.
§3
Uploading of User Content – admissible contents
1.
The user is obliged to
-
provide solely true information which is not misleading in his Facebook and/or
Instagram account and in his communication with Audi. This applies particularly
if the user transmits the data for registration by means of the Facebook login or
Instagram login;
-
only upload User Content to which he holds the respective rights of use,
particularly copyrights, patent rights and trademark rights as well as personal
rights;
-
refrain from uploading personal data such as telephone numbers, vehicle
number plates or similar;
-
observe the applicable laws and all third-party rights when uploading User
Content into the user gallery of the AUDI A3 CABRIOLET Web Special. He will
strictly refrain from using insulting or libellous contents as User Content,
regardless of whether these contents concern other users, the executive bodies
or employees of Audi or companies affiliated with Audi in accordance with
Section 15 et seq. of the German Stock Corporation Act or other persons or
companies;
-
refrain from uploading pornographic or racist content or content which glorifies
violence or is contrary to the law as User Content or to participate in obscene or
sexual communication.
§4
Right reserved to examine contents
1.
Audi reserves the right to examine User Content uploaded by users for its
compliance with the provisions of these Terms of Use and compliance with a certain
minimum quality and to refuse to publish the video created as part of the AUDI A3
CABRIOLET Web Special.
2.
Users are not entitled to the publication of the uploaded User Contents.
§5
Exclusion from use
Audi may exclude a user permanently or temporarily from use of the AUDI A3
CABRIOLET Web Special “and/or remove his contents from the web page of the Web Special” if the user and/or the contents violate mandatory legal provisions and/or
these Terms of Use.
§6
Granting of rights
1.
By taking part in the AUDI A3 CABRIOLET Web Special, the user declares his consent
to the publication of both the User Content uploaded by him as well as his first
name and surname within the framework of the AUDI A3 CABRIOLET Web Special.
2.
By uploading User Content and confirming the Terms of Use, the user grants Audi
and other companies of the Audi sales organisation (particularly dealers and
importers) or companies affiliated with Audi as defined by Section 15 ff. of the
Stock Corporation Act or affiliated in any other manner an exclusive, gratuitous,
irrevocable, transferable, sub-licensable right without restriction in terms of time,
content and territory to use the User Content published on the web page of the
AUDI A3 CABRIOLET Web Special in any conceivable manifestation, particularly in
terms of text, images, subject matter or in audiovisual respects, in unedited or in
edited and/or modified form in whole or in part any number of times for any and all
purposes, particularly for PR, press, communication and advertising purposes,
themselves or through third parties. The rights granted include particularly the
right of publication, exhibition, reproduction, dissemination, making publicly
accessible (particularly on the Internet), alteration, imitation, editing, modification,
connection with other works, exploitation of the User Contents in any conceivable
manifestation. The user hereby consents to the granting of rights of use by Audi to
third parties. Audi is entitled but not obliged to exploit the rights of use.
3.
The user guarantees the validity of the rights granted through this contract. He
confirms that he is entitled to grant the rights above and guarantees that no thirdparty rights (particularly copyrights and ancillary copyrights) are infringed through
the use of the User Contents to the extent named above by Audi and/or another
company of the Audi sales organisation or a company affiliated with Audi within the
meaning of Section 15 et seq. of the German Stock Corporation Act or in any other
manner. Purely as a precaution, the user undertakes to indemnify Audi and other
companies of the Audi sales organisation (particularly dealers and importers) or
companies affiliated with Audi within the meaning of Section 15 et seq. of the
German Stock Corporation Act or affiliated in any other manner from all third-party
claims based on an infringement of copyrights, ancillary copyrights or other rights
of third parties due to the use of the User Content submitted. This indemnification
also includes the costs for filing claims without justification against Audi and other
companies of the Audi sales organisation (particularly dealers and importers) or
companies affiliated with Audi within the meaning of Section 15 ff. of the German
Stock Corporation Act or affiliated in any other manner and costs of legal defence.
§7
Liability
Audi shall not be liable for personal injury, damage to property and/or financial loss
arising in connection with the AUDI A3 CABRIOLET Web Special, unless the damage
was caused intentionally or through gross negligence (in case of personal injury
intentionally or through negligence) by the legal representatives or vicarious agents
of Audi.
§8
Changes to the platform
Audi reserves the right to change the AUDI A3 CABRIOLET Web Special at any time
or to make it available in a different form. In particular, Audi may add or remove
functions or features or introduce additional or new restrictions on the services
offered. Audi also reserves the right to end the functions provided as part of the
AUDI A3 CABRIOLET Web Special at any time.
III.
Common provisions
1.
The written form applies for the Terms of Use and Participation. Amendments or
additions shall only be legally effective if they are made in writing. No oral ancillary
agreements exist.
2.
These Terms of Use and Participation as well as any and all disputes arising under or
in connection with these Terms of Use and Participation are governed by German
law to the exclusion of the UN CISG.
3.
Should one or more provisions of these Terms of Use and/or Participation be or
become legally invalid or should a loophole arise, this shall not affect the validity of
the remaining provisions. In lieu of the invalid provisions or to fill in a loophole, a
reasonable,
legally
admissible
provision
shall
apply
which
most
closely
approximates what the contracting parties would have wanted if they had taken the
partial invalidity or the loophole into account. The above facts do not create an
entitlement to provisionally retain or cease realisable contractual services.
4.
If the user/participant is a consumer, legal provisions apply to all disputes arising
under or in connection with these Terms of Use and/or Terms of Participation
regarding the applicable place of jurisdiction. If the user/participant is a merchant
as defined by the HGB (German Commercial Code) the exclusive place of jurisdiction
is Ingolstadt, Germany, for all disputes arising under or in connection with these
Terms of Use and/or Terms of Participation.
5.
The AUDI A3 CABRIOLET Web Special and the Prize Draw carried out within the
framework of the AUDI A3 CABRIOLET Web Special are in no way connected with
Facebook or Instagram and are not sponsored, supported or organised in any way by
Facebook or Instagram. The recipient of the information provided by the sender is
not Facebook or Instagram, but Audi. The liability of Facebook or Instagram in
connection with the AUDI A3 CABRIOLET Web Special or the Prize Draw carried out
within the framework of the AUDI A3 CABRIOLET Web Special is excluded. Further
details on the use of Facebook or Instagram in connection with the uploading of
images
for
the
AUDI
A3
CABRIOLET
Web
Special
are
provided
http://www.audi.de/datenschutz (use of Facebook and Instagram social plugins).
As of: 1 September 2013
at