Terms of Service and Privacy Statement
By using the Websites you enter into an agreement with the Operator and acknowledge that you have read, understood, and agree to be bound by the following Terms of Service and Privacy Statement.
Different provisions shall apply only if explicitly acknowledged by Operator in writing.

Download as PDF
Last update: August, 3rd 2011
I.     Definitions
  • Operator: means Cinematographische Commerz-Anstalt, Tristelstrasse 34, FL-9497 Triesenberg, Liechtenstein, that operates the Websites;
  • Registered Users: means users of the Websites that have requested a user account and have been activated by the Operator;
  • Film Clips : means short excerpts of copyrighted and licensable films from the „Hal Roach Library“;
  • License Territory: means the World minus North-, Central- and South-America;
  • Stream: means the digital transmission of audiovisual media over the internet by the Operator onto an internet-ready device for purposes of real-time viewing, excluding temporary or permanent downloads, copying, saving or redistribution;
  • Using: means accessing, browsing, or downloading content and making use of any of the services offered on the Websites.
II.    Terms of Service
  1.   Using the Websites
Using the Websites outside the License Territory including registrations is prohibited irrespective of the place of residence.
The Websites are a pure Business-to-Business platform that is not available to private persons (‘consumers’ according to § 13 BGB). Film Clips are available as part of the Websites either as a Stream, or as downloads that have been activated and unlocked upon request. Film Clips serve as previews only for Registered Users that are interested in licensing films, clips or pictures of the „Hal Roach Library“. All content including the Film Clips are subject to intellectual property rights of the Operator and its Licensors.
Unless explicitly allowed by the Operator in writing on an individual basis, any utilization, processing, modification, copy, or distribution of the Film Clips is prohibited, neither in part nor as a whole, neither commercially nor non-commercially. Prohibited actions include e.g.
  • permanent storage, distribution, or making available on any media or electronic device;
  • transmission, screening, or making available in any other form, e.g. electronic transmission via Internet, broadcasting, or public screening;
  • utilization in advertisements or exploitation of film excerpts (Klammerteilauswertung);
  • creation of film excerpts or screenshots, conversion into other (digital) formats or data compression.
It is further prohibited e.g.
  • to copy, imitate, sell, or lease  the Websites as a whole or in part or utilize for other commercial purposes;
  • save, publish, or transmit within the Websites, any content that violates rights of others or that the user is not entitled to transmit for other reasons;
  • modify or overwrite the Websites or parts thereof;
  • carry out comparable conduct.
Film Clips or other content of the Websites may be blocked, deleted, or published in a different location within the Websites without giving reasons at any time.

2.   User Accounts
Film Clips are only available for Registered Users. A user account can be requested through either (1) the account request form within the Websites, (2) via E-Mail to katalog@audio-bar.com or catalogue@audio-bar.com or (3) by post addressed to the Operator. Activation occurs at the sole discretion of the Operator and can be denied without giving reasons.
Accurate and complete information has to be provided during registration. Registration information has to be kept up to date.
User accounts are not transferrable. Access data (e.g. username and password) are not to be shared with others. Registered Users are required to inform Operator about any suspected misuse of access data immediately. Registered Users a solely responsible for all actions carried out through their user account.  
Operator may delete user accounts or user content or terminate any other use of the Websites as Operator sees fit. Operator will inform Registered User about such measures in advance. Such steps may be taken e.g.
  • if the Registered User has not been using the Websites for a period of more than six months;
  • if Operator has to assume that the Registered User violates these Terms of Service, the Privacy Statement or its fundamental principles;
  • if Operator has to assume that the Registered User has provided incomplete or inaccurate information during registration;
  • if Operator is required to do so by law;
  • if Operator has to assume that the user account or the access data have been (mis)used by a third party.
The user account may be deleted at any time upon request, see below at III. Privacy Statement, No. 2 “Removal of user account”.

III.   Privacy Statement
  1.   Collected Data and usage
By using the Websites you allow the Operator to save and utilize the data specified herein for operating the Websites.
While using the Websites, every access is automatically recorded in a log file. In particular the following data is recorded: Name of the files accessed, date and time of access, amount of transferred data, notification of successful transmission, IP-address, type of internet browser used.
The log in mechanism for Registered Users uses small text files that are created by internet browsers as temporary files and that can be read on the next visit (Cookies).
Registered Users can save Film Clips as favorites in a list. This list is saved on the Operator’s server.
In addition to personal data that is transmitted during registration, the data described herein potentially contains person-related details.
  1.6. All data described herein is protected under German privacy laws. The data is utilized only for operating and optimizing the services on the Websites. It is not passed on to third parties, unless Operator is required to do so by law.

2.   Removal of user account
User accounts can be removed at any time upon request. Such requests can be made either (1) via E-Mail to katalog@audio-bar.com or catalogue@audio-bar.com or (2) by post addressed to the Operator. The sender’s address has to match the registration information.

3.   Contact and right of access
Operator is allowed to contact Registered Users by using the contact details transmitted during registration if necessary.
Operator will provide information on saved data and its utilization upon request. Such request can be made via E-Mail to katalog@audio-bar.com or catalogue@audio-bar.com.
IV.   Operator’s Liability
Operator’s liability for (1) damages for loss of life, physical injury, injury to health, (2) intention or gross negligence, or (3) liability pursuant to law on a no-fault basis (e.g. under the Product Liability Act) is governed by law.
Operator’s liability for damages resulting from breaches of cardinal duties in ordinary negligence are limited to damages that have been foreseeable and typically associated with the contractual obligations at the time of entering into the agreement. Cardinal duties are key contractual duties that are indispensable for contract performance and the fulfillment of which the contract parties typically rely on.
Any other liabilty for damages is excluded.
Operator makes no representation or warranty as to accuracy, completeness, availability or usability of the Websites for the visitor’s or Registered User’s purposes.
The limitation of liability herein also applies to affiliates according to § 15 AktG (Stock Corporation Act), legal representatives or vicarious agents of the Operator if claims are made directly against them.
Operator is not responsible or liable for the content of linked websites. Operator does not endorse any content that is available on or through linked websites or other sources.
V.    Applicable Law, Place of Performance, Legal Venue
German law shall apply, excluding the UN Convention on the International Sale of Goods. Place of performance and exclusive legal venue is Munich, Germany.
Operator may amend the Terms of Service and the Privacy Statement from time to time. Amendments may be announced via E-Mail to Registered Users or via links within the Websites. Using the Websites is considered as consent to such amendments.
In case of loopholes or if any provision of these Terms of Service or the Privacy Statement is or becomes legally invalid, the remaining provisions shall remain unaffected. The missing or invalid provision shall be replaced by a provision which achieves the initial purpose most accurately.