Terms of Use
§ 1 Description of the website
CESARights GmbH, Rosenheimer Straße 11, 81667 Munich (hereinafter: CESARights) provides users with access to a wide range of information about CESARights, its field of activity and the applicable legal framework via its website.
The website also contains all mandatory information from the German Act on the Management of Copyright and Related Rights by Collecting Societies (short: “VGG”), insofar as this is necessary for CESARights' activities.
§ 2 Scope of application
The Terms of Use described here govern the relationship between the user of the CESARights website and CESARights as the provider of the website and the services available on the website.
By accessing and using the website, the user agrees to accept and comply with the Terms of Use.
§ 3 Amendment of the Terms of Use
CESARights reserves the right to amend the Terms of Use at any time and without stating reasons. The current version of the Terms of Use can be viewed by clicking on the "Terms of Use" hyperlink at the bottom of each page of the CESARights website. The Terms of Use apply in principle to all uses made after they come into force.
§ 4 Copyrights
The contents of the website are the property of CESARights and are protected by law. Unless permitted by law, the content of the CESARights website may not be edited, stored, reproduced, published or distributed without written consent, unless this is necessary for the use of the CESARights website and the content and services provided there. However, individual pages of this website may be downloaded, temporarily stored and printed out for exclusive use within the user's company. Requests for further use should be addressed to CESARights GmbH, Rosenheimer Straße 11, 81667 Munich.
§ 5 Links and framing
Links to the CESARights website are only permitted if the user informs CESARights of this in writing in advance, does not remove or obscure any copyright notices or other elements on the CESARights website, the link does not contain or imply any financial or non-material support of the user's concerns by CESARights and the user immediately removes all links to the CESARights website if requested to do so in writing by CESARights.
The framing or inclusion of content or materials provided on the CESARights website in third-party websites is prohibited.
§ 6 Privacy policy
§ 7 Liability
CESARights makes every effort to provide users with correct and up-to-date information on its website. However, any liability by CESARights for mistakes on the website is excluded. The use of the CESARights website and the information and services provided there is at the user's own risk. The user acknowledges that there may be delays, incomplete loading, display of incorrect information or other technical problems when accessing the website and the information provided here. CESARights does not guarantee constant and uninterrupted availability. Nor does CESARights guarantee that no harmful components, such as viruses, can be found on the CESARights website. CESARights accepts no liability for damage to the user's computer system or the loss of data resulting from the use of the CESARights website.
CESARights' liability is also excluded in all other respects within the scope of the Terms of Use in accordance with § 2 above.
The liability regulations of this § 7 also apply to the legal representative or vicarious agents of CESARights.
Excluded from the above exclusions of liability are all cases of intent and gross negligence as well as injury to life, limb and health. In the event of slight negligence, CESARights shall only be liable for claims pursuant to Section 311 German Civil Code (“BGB”) and if CESARights has breached a material (contractual) obligation (cardinal obligation). In the event of a breach of a material (contractual) obligation, CESARights shall only be liable for typical, foreseeable (contractual) damage. Essential (contractual) obligations (cardinal obligations) are those (contractual) obligations whose fulfilment is essential for the proper execution or handling of the contractual obligation and on whose compliance the user regularly relies and may also rely. Typical, foreseeable damages are those that fall under the protective purpose of the respective breached contractual standard.
§ 8 Miscellaneous
Should individual provisions of these Terms of Use be or become invalid, this shall not affect the validity and legal effect of the remaining Terms of Use. Invalid provisions shall be replaced by the statutory provisions, where applicable.
These Terms of Use and the legal relationships governed by them are subject to the law of the Federal Republic of Germany.
If the user is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes relating to or in connection with the use of the CESARights website and the services offered there as well as the Terms of Use is Munich. The same applies if the user does not have a general place of jurisdiction in the Federal Republic of Germany or abandons this. Mandatory statutory provisions on exclusive places of jurisdiction remain unaffected by the above provisions.