Berliner Tageblatt - Service condition

Last updated 01 January 2024

This page describes the terms and conditions governing the use of certain Berliner Tageblatt digital products, including all BTB websites and mobile applications:
"Berliner Tageblatt", including all BTB websites and mobile applications, provided by GSmedia - a media division of GSB Gold Standard Corporate AG , Unter den Linden 21, D-10117 Berlin (GERMANY) / e-mail: [email protected] / Phone: +49 30 2092 40 45 / Fax: +49 30 2092 42 00 / Commercial Register Duesseldorf: HRB 94738 / Sales Tax ID: DE 275405062, and some of its subsidiaries ("BTB", "we" or "us").

1. GENERAL RULES AND DEFINITIONS
1.1 If you choose to use the BTB pages (the "Site"), BTB's mobile pages and applications, any of the features of this Site, including but not limited to RSS, API, software and other downloads (collectively, the "Services"), you agree to abide by all of the terms and conditions of these Terms of Use between you and Berliner Tageblatt ("BTB", "us" or "we").

1.2 We may change, add or remove portions of these Terms of Use at any time, effective immediately upon posting. It is your responsibility to review these Terms of Use before each use of the Site, and your continued use of this Site constitutes your acceptance of any changes.

1.3 IF ANY OF THESE RULES OR FUTURE CHANGES ARE NOT ACCEPTABLE TO YOU, YOU CAN CANCEL YOUR EVENTUAL MEMBERSHIP BY SENDING AN E-MAIL TO: Email: [email protected] (SEE SECTION 10.1 REGARDING CANCELLATION OF SERVICES).

YOUR CONTINUED USE OF THE SERVICES AT THIS TIME OR AFTER NOTICE OF ANY CHANGES TO THESE TERMS OF SERVICE WILL MEAN THAT YOU ACCEPT THOSE TERMS, CHANGES OR MODIFICATIONS.

1.4 We may change, suspend or discontinue any aspect of the Services at any time, including the availability of any feature, database or content of the Services. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

2. CONTENT OF THE SERVICES
2.1 The content of the Services, including the Website, is for your personal, non-commercial use. All materials posted on the Services (including but not limited to news articles, photographs, images, illustrations, audio and video clips, also known as "Content") are copyrighted and owned or controlled by Berliner Tageblatt or the party indicated as the provider of the Content. You must comply with any additional copyright notices, information or restrictions contained in any Content you access through the Service.

2.2 The Service and Content are protected by copyright under U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2.3 of these Terms of Use), create new works from, distribute, perform, display or in any way exploit the Content or the Services (including software), in whole or in part.

2.3 You may download or copy the Content and other downloadable items displayed on the Services for personal use only, provided that you retain all copyright and other notices contained therein. Copying or storing Content for other than personal use is expressly prohibited without the prior written consent of the Berliner Tageblatt Rights and Permissions Department or the copyright owner indicated in the copyright notice contained in the Content.

2.4 The Content of the Services is owned or licensed by the BTB. Certain Content is provided by Associated Press and Reuters, which shall not be liable for any delays, inaccuracies, errors or omissions in such Content or in the transmission or delivery of all or any part thereof, or for any damages arising therefrom.

3. USER GENERATED CONTENT: SUBMISSIONS, INCLUDING COMMENTS, READER REVIEWS AND MORE
3.1 You must not upload, distribute or otherwise publish any offensive, defamatory, obscene, pornographic, abusive or otherwise illegal material on the Services.

Be Courteous. You agree not to threaten or abuse other members, use defamatory language, or intentionally disrupt discussions with repetitive messages, meaningless messages, or "spam."

Use respectful language. Like any community, online conversation only thrives when our members feel welcome and safe. You agree not to use language that is offensive or discriminatory based on race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the services.

Discuss, but do not attack. In a community full of opinions and preferences, there will always be disagreements. BTB encourages active discussion and welcomes heated debate on the Services, but personal attacks are a direct violation of these Terms of Use and will result in immediate and permanent suspension of access to all or part of the Services.

3.2 The Services may only be used in a non-commercial manner. You must not distribute or otherwise publish any material which contains a solicitation for funds, advertising or an offer for goods or services without BTB's express consent.

3.3 You acknowledge that any contributions you make to the Services (i.e. user generated content, including but not limited to: Comments, forum posts, reviews, text, video, audio and photos, and computer code and applications) (each a "Contribution"), may be edited, removed, modified, published, transmitted and displayed by Berliner Tageblatt, and you waive any rights you may have if the material is modified in a manner unacceptable to you. Submissions submitted to the Services may also be included in our RSS feeds and APIs and made available for republication via other formats.

3. 4 You grant BTB a perpetual, non-exclusive, worldwide, royalty-free, sub-licensable licence to the Submissions, which includes, without limitation, the right for BTB or its designated third parties to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works from, host, index, cache, tag, encode, use, transmit, excerpt, publish, distribute, publicly display, publicly perform, create, host, index, cache, tag, encode, modify and adapt derivative works thereof (including but not limited to the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or medium, now known or hereafter developed, any Submission posted by you on or to the Services or any other website owned by BTB, including any Submission posted on or to the Services through a third party.

3.5 You are solely responsible for the content of your Submissions. BTB cannot and does not review every Submission and is not responsible for the content of any such message. However, BTB reserves the right to delete, move or edit any Submission that BTB, in its sole discretion, deems offensive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.

3.6 By making a Submission, you consent to its display and publication on the Website and the Services and related online and offline promotional use.

3.7 Persons involved in the production of a work reviewed on BTB or in the Services may not submit a reader review for that work or competing works.

4. USE OF THE SERVICES
4.1 You must not access or use, or attempt to access or use, the Services to do any act that could harm us or any third party. You must not access any part of the Services that you are not authorised to access. You may not attempt to circumvent any restriction or condition on your use or access, or perform any BTB that could disable or damage the operation or appearance of the Services, including the display or display of advertising. The fact that you see advertising is a condition of accessing the Services.

4.2 The Services contain links to other related World Wide Web internet sites, resources and advertisers. As we are not responsible for the availability of these external resources or their content, you should direct any concerns regarding an external link to such site.

5. REPRESENTATIONS AND WARRANTIES
5.1 You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) infringe, plagiarize or violate the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain defamatory or otherwise unlawful material; and (b) that you are at least thirteen years of age. You will indemnify, defend and hold harmless BTB and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of a breach by you or any user of your account of these Terms of Use or the foregoing representations, warranties and covenants. You shall reasonably cooperate in the defence of any such claim. BTB reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you.

5.2 BTB does not warrant the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Services by any user, information provider or other person or entity. You acknowledge that reliance on any such opinion, advice, statement, memorandum or information is at your own risk.

THE SERVICES AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.

6. REGISTRATION AND SECURITY
6.1 As part of the registration or account creation process, you will create credentials by selecting a password and providing an email address. You must also provide us with certain registration information, all of which must be accurate and current.

Each registration is valid for a single user only. You are not permitted to share your registration details or give them to anyone else. We may block or suspend your access to the BTB Services if you share your login details. You are responsible for maintaining the confidentiality of your password, which you are not required to disclose to any representative or agent of BTB. You may not (i) select or use another person's login credentials with the intent to impersonate that person; (ii) use any login credentials to which another person has rights without that person's authorization; or (iii) use any login credentials that we, in our sole discretion, deem objectionable. Failure to comply with any of the foregoing will constitute a breach of these Terms of Use, which may result in the immediate suspension or termination of your account.

6.2 Please notify email: [email protected] of any known or suspected unauthorised use of your account or any known or suspected breach of security, including loss, theft or unauthorised disclosure of your password or credit card information.

6.3 You must be 13 years of age or older to subscribe to all parts of the Services.

6.4 You are responsible for all use or activity of your BTB Sites account, including use of the account by third parties authorised by you to use your login details. Any fraudulent, abusive or otherwise illegal activity may, in our sole discretion, be grounds for termination of your account and we may refer you to the appropriate law enforcement authorities.

7. FEES AND PAYMENTS
7.1 We reserve the right to charge fees at any time for access to any part of the Services or to the Services as a whole. However, in no event will you be charged for access to the Services unless we receive your prior consent to pay such charges. So, if at any time we charge a fee for parts of the Services that are now free, we will notify you in advance of any such charges. You may cancel your account at any time. Any new fees, if applicable, will be posted on the Website and other appropriate places on the Services. You will pay all fees and charges incurred through your Account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to, charges for digital products or services offered for sale by us or other vendors or service providers through the Services. All fees and charges will be billed to you and paid by you. You are required to pay all applicable taxes in connection with your use of the Services through your Account.

8. COMMUNICATION BETWEEN BTB AND USER
8.1 If you indicate in your registration form that you wish to receive such information, we, our owners and agents, allow certain third party service providers to send you information about products and services.

8.2 BTB reserves the right to send you electronic mail to inform you of changes or additions to the Service.

8.3 BTB reserves the right to share information about your usage and demographic data, provided that your personal identity is not disclosed in connection with the sharing of such information. Advertisers and/or licensees on our website may collect and share personal information about you only if you provide your consent. For more information, please read our Privacy Policy.

8.4 BTB may contact you by email to ask for your participation in user surveys and to ask for feedback on current services or future products and services. This information will be used to improve the Services and to better understand our users, and any information we obtain in such surveys will not be shared with third parties except in aggregate form.

9. SOFTWARE LICENCES
9.1 You have no rights in the copyrighted software and related documentation, or any enhancements or modifications thereto, provided to you to access the Services ("Software"). You may not sublicense, assign or transfer the licenses granted by BTB, and any attempt at such sublicensing, assignment or transfer shall be null and void. You may make one copy of the Software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer or create derivative works of the Software.

10. CANCELLATION
10.1 You may terminate your Account by sending an email to us at the following address: [email protected]. Upon cancellation, you will receive an automatic email confirmation that the cancellation has been processed and your access will be suspended within 24 hours. Cancellation of paid digital products is subject to our cancellation and refund policy for digital products.

10.2 BTB may, in its sole discretion, terminate or suspend your access to all or any part of the Services for any reason, including but not limited to a breach or assignment of these Terms of Use.

11. MISCELLANEOUS
11.1 These Terms of Use have been prepared in accordance with and shall be construed and enforced in accordance with the laws of the Federal Republic of Germany. Any action to enforce these Terms of Use shall be brought in a court of competent jurisdiction in Berlin (Federal Republic of Germany).

11.2 Notwithstanding the foregoing, nothing in these Terms of Use will serve to override any promises made in the Berliner Tageblatt Privacy Policy.

11.3 Correspondence should be sent to email: [email protected]

11.4 You undertake to report any breach of the Terms of Use to Berliner Tageblatt as soon as you become aware of it. In the event that you claim copyright infringement in respect of material provided by:
"Berliner Tageblatt", including all BTB websites and mobile applications, provided by GSmedia - a media division of GSB Gold Standard Corporate AG , Unter den Linden 21, D-10117 Berlin (GERMANY) / e-mail: [email protected] / Phone: +49 30 2092 40 45 / Fax: +49 30 2092 42 00 / Commercial Register Duesseldorf: HRB 94738 / Sales Tax ID: DE 275405062, and some of its subsidiaries ("BTB", "we" or "us") -- should have been caused, please send us an e-mail: [email protected]

Please address all general questions to e-mail: [email protected]