T-PORT TERMS OF USE
This website, www.tportmarket.com (“The Site“), was established by Tel Aviv International Student Films Festival and is operated by T-Port Germany e.V., and the persons and entities acting on its behalf (hereinafter also “T-PORT”), with offices in Schinkestraße 24, 12047 Berlin – Germany, e-mail: nivf@tportmarket.com and The Tel-Aviv International Student Film Festival, Tel Aviv University, 6997801, Israel, PC No. 589931187.
The following provisions shall apply to both Members and Uploaders:
- General Provisions
- The titles and headings in this document are for convenience only and may not be used for the interpretation of any of the following provisions.
- Please read the following provisions carefully as they apply to every use you make of the site. These rules constitute the legal basis for any issue or discussion you may have with T-PORT.
- If you disagree with any of the following conditions, please do not use this site.
- This Site is reserved for the sole use of legally competent adults.
- This Site must not be used for commercial purposes, or for any purpose other than the individual and/or for personal use.
- By using our Site you are agreeing with the site’s data policy.
- By using our Site you are agreeing that we can use cookies in accordance with our cookie policy;
- By using this Site you express your consent that you will not make any inappropriate or unlawful use of the Site and its contents, and that you will not take any action that is prohibited by this Terms of Use document.
- T-PORT is entitled to cancel any membership through which, in its sole discretion, the rules of this Terms of Use or any agreement with the respective user are infringed, without limiting any other action at her disposal against infringers.
- T-PORT is not responsible for any user-generated content and accounts (“Content”). Content submitted express the views of their author/up loader only.
- You agree to not use the Service to submit or link to any Content which is defamatory, abusive, hateful, threatening, spam or spam-like, likely to offend, contains adult or objectionable content, contains personal information of others, risks copyright infringement, encourages unlawful activity, or otherwise violates any laws.
- All Content you submit or upload may be reviewed by T-PORT staff members. All Content you submit or upload may be sent to third-party verification services (including, but not limited to, spam prevention services). Do not submit any Content that you consider to be private or confidential.
- T-PORT reserves the rights to remove or modify any Content submitted for any reason and without explanation. Requests for Content to be removed or modified will be undertaken only at T-PORT’s discretion. T-PORT reserves the right to take action against any account with the Service at any time.
- You are granting T-PORT with a non-exclusive license for the initial term and any extensions thereof, if any, as may be set forth in the respective agreement to use, publish or re-publish, make available to the public your Content in connection with the Service. You retain copyright over the Content.
- These terms may be changed at any time with seven (7) days prior email notice.
- If you do not agree with these terms, please do not register or use this Service. If you wish to close your account, please contact us.
- T-PORT shall not be liable for unintentional errors in the site such as text errors, erroneous descriptions.
- T-PORT reserves the right to discontinue and remove content from the site, and refuse to upload content, at any time and with 7 days prior email notice containing the reasons for removal.
2. Uploading of Content and Membership
- Both Membership and Uploaders form will require you to provide the following information which shall be treated in accordance with our data policy: First name, last name, ID, company name, phone number, city, zip code, email, payment details and any other necessary information for the procurement of a tax invoice or a receipt.
- Providing false information is an essential condition to our contractual relationship. Please provide correct and accurate personal details.
- If the information provided within the Form is incorrect, T-PORT will not be liable for its faulty execution.
- As the Membership is made and executed online, there may disruptions or errors in the submission and execution process. If you receive an error notice or encounter any other problem within the Membership process, please call or email T-PORT to resolve the matter.
3. Confirmation of Your Membership and/or Uploading of Content
- Your Membership and/or the Uploading of your Content will be confirmed in writing, via an e-mail from T-PORT to the e-mail address provided in the form. The confirmation e-mail will be sent within 5 (five) business days upon the forms’s receipt. T-PORT shall have the discretion to refuse to confirm a Membership, for any reason.
- Upon receipt of your form as well as the required approval of membership fee and/or the Uploading of your Content fee from Paypal, and subject to the confirmation, you will be considered as a Member of this site.
- T-PORT will not be liable for delays in Membership and/or the Uploading confirmation for reasons beyond its control, including force majeure, strikes, technical problems, slowdowns in the mail system, and so forth.
- T-PORT will not confirm membership to any address which was not approved through the Paypal system or if a mailbox (P.O.Box) is not a valid address.
- Cancellation of Membership and/or the Uploading Policy :
- Cancellation policy set forth below applies only to confirmed Members and/or the Uploaders .
- If you wish to cancel your membership or uploading, please contact T-PORT in writing, via e-mail with a cancellation notice. T-PORT will either refuse to authorize a refund of the membership fee, in whole or in part or allow it, in which case you will receive detailed instructions. You will be liable for any tax payments that may required in connection to a refund. T-PORT will be entitled to pay the aforementioned taxes on her and your behalf, and deducted them from your refund.
- The refund will be approved against proper documentation which would confirm that T-PORT identifies the buyer as the person who is requesting the refund and against the original invoice.
- An approved refund will entitle you to a full or partial refund of your payment, with the exception of the following deductions: the transfer costs involved in the original transaction, any taxes paid with respect to the original transaction and any taxes in connection to a refund.
- T-PORT shall not be liable, nor will refund fees unless a cancellation notice was given within seven (7) days from the day the Membership was confirmed.
- T-PORT shall however take-down content, if a cancellation notice has been given within seven (7) days from the day the cancellation was confirmed.
4. Privacy
- All data you supply, shall be treated in accordance with our data policy.
- T-PORT will take reasonable steps to ensure a secure online environment and to protect the information that you provide.
- You may remove your name from T-PORT’s mailing list at any time.
5. Intellectual Property
- All rights to the site, its design, applications, graphics, images, texts, fonts, trademarks (registered or unregistered,) designed items, photographs, models, feedbacks and all other materials contained in the website are protected under intellectual property laws and copyright laws, and they exclusively belong to T-PORT.
- You may not copy, reproduce, publish, make changes to, publicly display or otherwise use the photos and illustrations of the items, and you may not create any derivative of any content or other displayed materials, and you may not make any other use in and of the elements in the website, unless T-PORT provided explicit, written consent to any such action.
6. Limitation of Liability
- T-PORT is liable in accordance with the statutory provisions if damage is caused by an intentional or gross negligent breach of duty by the T-PORT or one of its legal representatives or agents. T-PORT is also liable, without restrictions for damages from injury to life, body or health, for contractually guaranteed conditions of the product and for fraudulently concealed defects. further, the liability under the German Product Liability Act remains unaffected. T-PORT is liable for slight negligent breaches of essential contractual obligations. Essential obligations are (i) such the breach of which is putting at risk the achievement of the contractual purpose, (ii) only enable performance or fulfillment of the contract and are regularly relied upon by the other party. In this case, T-PORT is only liable for the typically foreseeable damages. T-PORT is not liable for slight negligent breaches of any other obligations than those mentioned in the previous sentences. To the extent liability is excluded or limited, such exclusion or limitation also applies to the employees, legal representatives or agents.
7. Miscellaneous
- T-PORT reserves the right to change the terms of this document at any time with seven (7) days prior email notice. Changes and adjustments shall apply immediately upon posting.
- It is prohibited to interfere with the site and its contents, to upload any content which user did not obtain copyright or proprietary right or permission to upload it. It is also prohibited to upload codes, “Trojan horses,” viruses, “worms” and all other malicious software. You are also prohibited from planting inappropriate content, threatening language or any language prohibited by law, including defamatory language or language which infringes invasion of privacy
- The site may be linked to other websites. T-PORT is not responsible for the content of these sites, the services that they offer or the quality of the items offered by them. These links do not imply any business connection or relationship between T-PORT and the operators of the linked sites and the use of these sites is your responsibility alone.
- T-PORT has the right to deny access to the site or to any part of it at any time at her discretion and without prior notice. T-PORT may discontinue operating this website or any part of it at any time and without prior notice.
- This agreement is solely governed by the laws of the State of the Federal Republic of Germany. In the case of a dispute concerning this site or any claim concerning a service rendered in the Site, the courts in Berlin shall have the exclusive jurisdiction over any such dispute or claim.