A. About this website
This website (“Distribution Website”) is operated by Deutsche Welle (“DW”), Germany’s international broadcaster.
The Distribution Website is a B2B platform where registered professional users (“Users”) can search for and order DW’s audiovisual content based on the following terms and conditions (“DW Terms and Conditions”):
B. Terms and Conditions
The DW Terms and Conditions set forth the contractual relationship between DW and the Users of the Distribution Website.
By clicking the "Register" button (i) you accept the DW Terms and Conditions and (ii) you start a clearing process to conduct transactions via the Distribution Website.
(1.) The use of the Distribution Website requires request for registration and clearance of registration by DW. Registration is free of charge. In order to start the registration process the User has to complete the registration form and forward it to DW by clicking the "FINISH REGISTRATION" button.
(2.) Registrations will only be accepted from legal entities (companies), legally competent adults or legal partnerships acting in their commercial or professional capacity. Registration of companies must be made by a duly authorized representative. Minors are expressly excluded from registering.
(3.) DW will review the registration request and reserves the right to ask for further information in case of any ambiguities in the registration form. DW may reject any registration request without disclosing its reasons.
(4.) Requests for registration to the Distribution Website are handled electronically. After receipt of the application data, DW will review the application and upon approval send the applicant either (i) an electronic notice with a confirmation link or (ii) in selected cases a postal notice to be confirmed by the applicant in writing. The account will be activated after the applicant has clicked on the confirmation link and completed the company and personal data or returned the written confirmation.
(5.) The data requested by DW for registration must be complete and correct. The User bears the sole responsibility for the accuracy of the data provided. The User may update such data online at any time.
(6.) Upon registration, the User will select a professional e-mail address as user identification (the "User ID") and a personal password (the "Password"). The User must keep the Password secure, in order to prevent misuse by third parties. User accounts are not transferable. The User bears the sole responsibility for all deals transacted under his User ID and Password.
(7.) In case the Password is lost or becomes compromised, the User shall inform DW immediately. In such case, DW will deactivate the login for this User and provide User the opportunity to generate a new Password.
(8.) DW reserves the right to deactivate an account should the respective User not have concluded a transaction via the Distribution Website within a period of twelve months or for important reason including but not limited to non-payment, misuse, fraud, etc. Equally, each User may require the termination of their User account at any time by sending an e-mail message to DW (firstname.lastname@example.org).
III. Use of Distribution Website
(1.) Upon account activation, the User can access the Distribution Website. The available functions enable Users to view and order audiovisual content and the respective licenses. In the event that User orders audiovisual content and the respective licenses, User shall observe the legal information, displayed in the teaser text of the respective audiovisual content.
(2) The rights of the Users to use the Distribution Website and its functions apply only within the limits of current technological standards. DW may restrict or interrupt its services from time to time, if this is necessary in connection with capacity limits, security or integrity of the servers, or for the execution of technical procedures, and if these actions serve to support the continued or improved provision of services (maintenance work).
IV. Order of products and licenses
(1.) The User’s order via the Distribution Website is regarded as an offer for an agreement with DW. DW wishes to close a respective agreement with the User but has the right to reject his/her order for any reason.
(2.) If the User’s order has been accepted by DW the ordered material will be provided to the User by DW and the User will be granted the requested rights accordingly.
(3.) DW reserves the right to remove content from the Distribution Website at any time.
V. Fees and Payment
Some products offered under the Distribution Website may be fee-based. Payment conditions shall become part of a separate agreement between DW and the User.
VI. Term and Termination
Users may terminate their registration at any time with regard to future transactions by sending a respective e-mail message to the DW Customer Service (email@example.com).
DW may deactivate the User ID and Password of any User without notice in the case of violation of the law or breach of the DW Terms and Conditions.
VII. Assignment of Contract
DW is entitled to transfer its rights and obligations in this contractual relationship, in full or in part, to affiliated companies or companies controlled by DW.
(1.) Except in cases of personal injury or of the violation of fundamental and material contractual obligations, DW and its legal representatives shall only be liable for damages caused by willful misconduct or gross negligence.
(2.) Should DW be liable for damages, except in cases of personal injury, its liability shall be restricted to typical, foreseeable damages.
(3.) Should DW be liable for damages, except in cases of personal injury, its liability shall be limited to the amount of Euros 5,000.
(4.) DW shall not be liable for power failures, malfunctions, faults, delays and other hindrances to performance which might occur during transfer of data via the internet outside of DW’s network.
(5.) DW shall not be liable for any malfunctions, damages or other consequences due to computer viruses which might occur if the User stores, duplicates or otherwise uses data provided by DW.
IX. Integrity and service interruption of the Distribution Website
(1.) Users are not authorized to utilize any mechanism, software or other scripts in connection with the use of the Distribution Website, which could disrupt the functioning of the DW website.
(2.) Content from the Distribution Website may not be copied, disseminated or used in any way or reproduced without the previous agreement of DW.
X. Final Provisions
(1.) These DW Terms and Conditions are governed by German law. Place of venue shall be Bonn, Germany.
(2.) Should individual provisions of these DW Terms and Conditions be or become invalid or void, the validity of the remaining provisions shall not be affected. The parties will replace the invalid or void provision with a valid provision that comes as close as possible economically to the intent of the parties as illustrated by these DW Terms and Conditions. This shall also apply mutatis mutandis to any gaps in the DW Terms and Conditions.
(3.) DW reserves the right to change the DW Terms and Conditions at any time. The amended conditions will be published on the Distribution Website at least two weeks before they take effect. With regard to transactions already commissioned over the Distribution Website, the former DW Terms and Conditions remain applicable.