Terms and Conditions

Welcome to thenewfilmmaker.com!

These terms and conditions outline the rules and regulations for the use of Bewegtbildstrategie | martin burri t/a tnwfm.com and thenewfilmmaker.com‘s Website.
Sales tax identification number according to Law 27 of the Sales Tax Law: DE298859240
Business owner: Martin Burri
Bewegtbildstrategie | martin burri t/a tnwfm.com and thenewfilmmaker.com is located at:
Phantasiestr.5
81827 Munich, Bavaria
Germany

By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Bewegtbildstrategie | martin burri t/a tnwfm.com and thenewfilmmaker.com’s website if you do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of Germany. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

License to use website

Unless otherwise stated, Bewegtbildstrategie | martin burri t/a tnwfm.com and thenewfilmmaker.com and/or its licensors own the intellectual property rights published on this website and materials used on Bewegtbildstrategie | martin burri t/a tnwfm.com and thenewfilmmaker.com. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages, files or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website in neither print nor digital media or documents (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website;
  • redistribute material from this website – except for content specifically and expressly made available for redistribution; or
  • republish or reproduce any part of this website through the use of iframes or screenscrapers.

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

Eligibility

You may only use the Services if you are over 13 years old and allowed by law to enter into a binding contract.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of Bewegtbildstrategie | martin burri t/a tnwfm.com and thenewfilmmaker.com or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities on or in relation to this website without Bewegtbildstrategie | martin burri t/a tnwfm.com and thenewfilmmaker.com express written consent.
This includes:

  • scraping
  • data mining
  • data extraction
  • data harvesting
  • ‘framing’ (iframes)
  • Article ‘Spinning’

You must not use this website or any part of it to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without the express written consent of Bewegtbildstrategie | martin burri t/a tnwfm.com and thenewfilmmaker.com.

You must not use this website to upload or share any content that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, lewd, profane, invasive of another’s privacy, or hateful.

Restricted access

Access to certain areas of this website is restricted. Bewegtbildstrategie | martin burri t/a tnwfm.com and thenewfilmmaker.com reserves the right to restrict access to certain areas of this website, or at our discretion, this entire website. Bewegtbildstrategie | martin burri t/a tnwfm.com and thenewfilmmaker.com may change or modify this policy without notice.

If Bewegtbildstrategie | martin burri t/a tnwfm.com and thenewfilmmaker.com provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security..

Bewegtbildstrategie | martin burri t/a tnwfm.com and thenewfilmmaker.com may disable your user ID and password at Bewegtbildstrategie | martin burri t/a tnwfm.com and thenewfilmmaker.com sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose. You retain all rights and ownership in your user content. Bewegtbildstrategie | martin burri t/a tnwfm.com and thenewfilmmaker.com does not claim any ownership rights in your content. Even though we don’t claim ownership of your content, we do need certain licenses to your content in order to operate and enable the Services.

You grant to Bewegtbildstrategie | martin burri t/a tnwfm.com and thenewfilmmaker.com a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Bewegtbildstrategie | martin burri t/a tnwfm.com and thenewfilmmaker.com the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Bewegtbildstrategie | martin burri t/a tnwfm.com and thenewfilmmaker.com or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Bewegtbildstrategie | martin burri t/a tnwfm.com and thenewfilmmaker.com reserves the right to edit or remove any material submitted to this website, or stored on the servers of Bewegtbildstrategie | martin burri t/a tnwfm.com and thenewfilmmaker.com, or hosted or published upon this website.

Bewegtbildstrategie | martin burri t/a tnwfm.com and thenewfilmmaker.com rights under these terms and conditions in relation to user content, Bewegtbildstrategie | martin burri t/a tnwfm.com and thenewfilmmaker.com does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

You are not entitled to and you will not receive any compensation or other consideration for your User Content or any use made of your User Content once submitted.

Submission of a Concept by a Member of the community

You are not entitled to and you will not receive any compensation or other consideration from Bewegtbildstrategie | martin burri t/a tnwfm.com and thenewfilmmaker.com for your concept or any use made of your concept once submitted. In case a company decides to choose your concept, we or the company will inform you, but you will have to invoice the company on your own and all further communication will be between you and the company, which is carrying out the pitch. Bewegtbildstrategie | martin burri t/a tnwfm.com and thenewfilmmaker.com is only an intermediary. In case you are directly contacted via our website by a company, you agree to inform us by submitting a ticket and ignoring the message. You agree to submit the pitch via our site and only submit material that is created by you or that you have been allowed to submit.

Submission of a Pitch by a Company or Institution

Once you have filled out the form with all relevant data, we will review your submission and inform you, once the Pitch is live on our site. Once that has happened, the community users have the opportunity to submit a Concept. You agree that you will not sign up as a member and contact the members of the community via the site or in any other way. Once the deadline for submission is over ( usually 3 month after your Pitch is live on our site or as stated in your schedule during the submission), you will receive a link to a password secured website, where you can review the concepts. In case you wish us to preselect and asses the submitted concepts, you agree to pay us the sum of 5% of the stated budget [plus sales tax, if applicable] once you received the assessed Materials. Your budget will determine the length of the deadline for the pitch: A budget under the sum of 10.000 € will allow a deadline not longer than 3 months. A budget more than 10.000€ but less than 100.000€ will allow a deadline up to 6 months. A Budget over the sum of 100.000€ will allow a self-determined deadline.

You agree that the Materials are on loan to you and shall at all times remain our property. We retain all right, title and interest in and to the Materials and all elements and ideas contained in them, including without limitation, all copyrights in them. You agree that the Materials are of a proprietary and confidential nature, and you will allow review of the Materials only by those individuals in your company directly involved in the determination of our engagement. You further agree that under no circumstances shall you disclose to any third party any information with respect to the Materials.

You agree that your right to review the Materials is limited to the sole purpose of evaluating our engagement on your behalf. You shall have the right to copy the Materials only to the extent necessary to allow those individuals in your company directly involved in this determination the opportunity to review the Materials. You agree that under no circumstances shall you have the right to otherwise utilize and/or exploit the Materials or the ideas or elements contained in them, or authorize others to utilize and/or exploit the Materials or the ideas or elements contained in them, unless and until you have entered into a written agreement with us regarding our engagement on your behalf and your use of such Materials. In the event that you decline to engage us on your behalf or we are unable to reach agreement regarding our engagement, or we request the return of the Materials at any time and for any reason, you agree to promptly return any and all copies of all the Materials to us.

As a result, in consideration of our submission of the Materials to you, you agree to pay us the sum of 1% of the stated budget [plus sales tax, if applicable] no later than 2 weeks after you have received the materials. This payment does not alter the fact that we retain all rights, title and interest in, and to, the Materials and the idea contained in them. In case you withdraw from your Pitch, you agree to delete (e.g. data)  and destroy (e.g. papers) all received materials. You will need to inform us in written form about your withdrawal via our contact form. Like this, no cots will be incurred. Be it that you decide to start a new Pitch after a withdrawal from a former Pitch, you agree to pay us the sum of 1% of the stated budget [plus sales tax, if applicable] once your submission is live on our site, whereof you will be informed via Email. A pitch for a social film project by foundations and registered associations are free of charge. Bewegtbildstrategie | martin burri t/a tnwfm.com and thenewfilmmaker.com is only an intermediary and will not execute the video production. Furthermore the production process will not be accompanied by us. The first submission of a pitch is entirely free of charge.

User Comments

  1. This Agreement shall begin on the date hereof.
  2. Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data (‘Comments’) in areas of the website. Bewegtbildstrategie | martin burri t/a tnwfm.com and thenewfilmmaker.com does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of Bewegtbildstrategie | martin burri t/a tnwfm.com and thenewfilmmaker.com, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws Bewegtbildstrategie | martin burri t/a tnwfm.com and thenewfilmmaker.com shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
  3. Bewegtbildstrategie | martin burri t/a tnwfm.com and thenewfilmmaker.com reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.
  4. You warrant and represent that:
    1. You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
    2. The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
    3. The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy
    4. The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
  5. You hereby grant to Bewegtbildstrategie | martin burri t/a tnwfm.com and thenewfilmmaker.com a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

  1. The following organizations may link to our Web site without prior written approval:
    • Government agencies;
    • Search engines;
    • News organizations;
    • Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
    • Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
  1. These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
  2. We may consider and approve in our sole discretion other link requests from the following types of organizations:
    • commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
    • dot.com community sites;
    • associations or other groups representing charities, including charity giving sites,
    • online directory distributors;
    • internet portals;
    • accounting, law and consulting firms whose primary clients are businesses; and
    • educational institutions and trade associations.

We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of Bewegtbildstrategie | martin burri t/a tnwfm.com and thenewfilmmaker.com; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.

These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party’s site.

If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to info[a]thenewfilmmaker[dot]com. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

Approved organizations may hyperlink to our Web site as follows:

  • By use of our corporate name; or
  • By use of the uniform resource locator (Web address) being linked to; or
  • By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party’s site.

No use of (cname)’s logo or other artwork will be allowed for linking absent a trademark license agreement.

Removal of links from our website

If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Bewegtbildstrategie | martin burri t/a tnwfm.com and thenewfilmmaker.com makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Bewegtbildstrategie | martin burri t/a tnwfm.com and thenewfilmmaker.com does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability

Bewegtbildstrategie | martin burri t/a tnwfm.com and thenewfilmmaker.com will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Bewegtbildstrategie | martin burri t/a tnwfm.com and thenewfilmmaker.com has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit the liability of Site Title in respect of any:

  • death or personal injury caused by the negligence of Bewegtbildstrategie | martin burri t/a tnwfm.com and thenewfilmmaker.com or its agents, employees or shareholders/owners;
  • fraud or fraudulent misrepresentation on the part of Bewegtbildstrategie | martin burri t/a tnwfm.com and thenewfilmmaker.com; or
  • matter which it would be illegal or unlawful for Bewegtbildstrategie | martin burri t/a tnwfm.com and thenewfilmmaker.com to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, Bewegtbildstrategie | martin burri t/a tnwfm.com and thenewfilmmaker.com has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Bewegtbildstrategie | martin burri t/a tnwfm.com and thenewfilmmaker.com officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Bewegtbildstrategie | martin burri t/a tnwfm.com and thenewfilmmaker.com officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Bewegtbildstrategie | martin burri t/a tnwfm.com and thenewfilmmaker.com.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Bewegtbildstrategie | martin burri t/a tnwfm.com and thenewfilmmaker.com and undertake to keep Bewegtbildstrategie | martin burri t/a tnwfm.com and thenewfilmmaker.com indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Bewegtbildstrategie | martin burri t/a tnwfm.com and thenewfilmmaker.com to a third party in settlement of a claim or dispute on the advice of Bewegtbildstrategie | martin burri t/a tnwfm.com and thenewfilmmaker.com legal advisers) incurred or suffered by Bewegtbildstrategie | martin burri t/a tnwfm.com and thenewfilmmaker.com arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to Bewegtbildstrategie | martin burri t/a tnwfm.com and thenewfilmmaker.com other rights under these terms and conditions, if you breach these terms and conditions in any way, Bewegtbildstrategie | martin burri t/a tnwfm.com and thenewfilmmaker.com may take such action as Bewegtbildstrategie | martin burri t/a tnwfm.com and thenewfilmmaker.com deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Bewegtbildstrategie | martin burri t/a tnwfm.com and thenewfilmmaker.com may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Bewegtbildstrategie | martin burri t/a tnwfm.com and thenewfilmmaker.com may transfer, sub-contract or otherwise deal with Bewegtbildstrategie | martin burri t/a tnwfm.com and thenewfilmmaker.com rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with Bewegtbildstrategie | martin burri t/a tnwfm.com and thenewfilmmaker.com Privacy Policy constitute the entire agreement between you and Bewegtbildstrategie | martin burri t/a tnwfm.com and thenewfilmmaker.com in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of Germany, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Munich [München], Bavaria in the Federal Republic of Germany.

January 2016
Munich, Germany

thenewfilmmaker.com