NetRange General User Conditions for Smart TV
Your internet-connected TV ("TV") uses an internet service function ("Portal"). This enables you to access services, content, software and products of third parties through the internet. In addition, you receive access to open internet content.
A. General Terms
1. Your relationship with NetRange
Your contract partner for using the Portal and all products which you can access via the portal or third parties like for instance services, software and service features (“Apps”) is NetRange MMH GmbH ("NetRange”). The general user conditions of NetRange encompass the use of the Portal, access to the Apps, access to open internet content and represent a legally binding agreement between you and NetRange. These General User Conditions supplement the conditions and non-liability clauses which were delivered to you on purchasing your equipment and do not influence the validity of these.
2. Agreement to the General User Conditions
The use of the Portal presupposes the acceptance of the General User Conditions. At the same time, you must be in the age of majority pursuant to the law system you subject to unless you are acting on the prior understanding of your legal representative pursuant to the law system you are subject to. In case you do not agree with the General User Conditions - even only partly - access to the Portal and Apps cannot be guaranteed. Through using the Portal you accept that the current General User Conditions are legally applicable to you. In addition, you acknowledge and accept that your using of this is treated as acceptance of the General User Conditions.
3. Changes to the TV
Apps can be called up via your TV by means of the Portal. Access to these Apps can be exclusively guaranteed if the TV is not manipulated in any way. You agree to not manipulating the TV or not attempting to do so. You agree not to evade technical measures for controlling access to particular content or rights to such content or attempting to do so. You agree not to evade copying protection systems or attempting to do so. You agree not to decrypt cryptographic cipher keys or attempting to do so. You will also not render void security features implemented in the TV or attempt to do so. You agree not using the TV for unauthorized purposes or illegally or contrary to regulations.
4. Use of the Portal and the Apps
The use of the Portal and the Apps presupposes a functioning internet connection. The Portal is provided by NetRange without warranty. The provision of access to open internet content or the Portal can be limited or removed at anytime and without advance. NetRange accepts no guarantee for permanent access to a particular App. NetRange is entitled to adjust or include Apps at any time. NetRange is authorized to change functions of the Portal - for instance through enhancement or removal of features or service features - at its own discretion.
Access to the Portal can require registration, the setting up of a user account and/or fee. The registration can require the preparation of personal data and selection of a unique and secret password. Your personal data is handled in accordance with the data protection guidelines of NetRange and applicable data protection laws.
Your personal data must be complete, correct and truthful. NetRange reserves the right to block user accounts provided these were issued in an unreasonable way and/or infringe the General User Conditions.
6. Software and Intellectual Property Rights
Under certain circumstances you will need additional software in order to use the Portal or have access to particular Apps. Occasionally special software was delivered to you on purchasing the TV and you will receive additional software in future. The software is for the most part integrated into the TV and is not accessible to you as user. The software installed is the property of third parties.
When using the software, you agree not to undertake any disassembly, decompilation, retrogression or change to the software. In addition, you agree not to use the software for the development of derivatives and not to award any sublicenses to the software, distribute the software or use for unauthorized purposes or use illegally or contrary to regulations.
The current General User Conditions and all license agreements connected with this apply to the use of this software. The respective license agreements apply to the use of the software by third parties.
The property rights for the software are not overlooked by you during use of the software. NetRange reserves all rights to the software and other intellectual property such as copyright, patent rights and rights to commercial brands and brand names.
7. Exclusion and Limitation of Liability
NetRange accepts no liability in case the Portal or an App does not correspond with the requirements of the user or that the use of the Portal can take place at the desired time without limitations or interruptions. NetRange accepts no liability for information, content accessible via the Portal and the internet and use of this and its reliability. Your special guarantees were handed over on purchasing your TV. The validity of these guarantees including the liability exclusions connected with this continue to exist.
NetRange does not pay any damages for incidental, indirect and atypical damages. In addition, consequential damages (this implies lost profits or lost savings) or punitive damages or damages in the case of data loss or business disruptions which arise from the use of the TV, the Portal or an App or are connected with these, are not accepted regardless of whether these damages are based on a civil offence, a guarantee, a contract or other legal theory - even if the possibility of such damages was pointed out to NetRange or is conscious of such a possibility. At the most the joint liability of NetRange for damages (regardless of the causes) totals to the amount paid by you for the TV. The previously mentioned exclusion criteria do not apply in the case of gross negligence, with deliberate acts or injuries to life, body or health. Also this article is applicable to the greatest extent possible pursuant to the applicable law to these conditions.
8. General Provisions
You agree in case NetRange does not exercise or implement the rights or legal means, or rights or legal means which are due to NetRange in accordance with the applicable law this does not qualify as formal renouncement of these rights by NetRange and the applicable rights or legal means are still at the disposal of NetRange. You agree that NetRange sends messages to you via the Portal about changes to the General User Conditions. In this case NetRange will ask you to re-approve the changed General User Conditions.
In case a provision of these general user conditions is found to be legally ineffective by a court, the corresponding provision is deleted from the general user conditions. For this reason, the remaining general user conditions are not affected. The remaining general user conditions continue to remain in force and enforceable.
You agree with the non-exclusive responsibility of the law of the applicable country. You agree that NetRange is also entitled to request provisional ordinances (or other equally urgent legal protection) within the scope of a legal system. The agreement of the United Nations about the international sale of goods does not apply to the current general user conditions. The use of the CISG is hereby categorically ruled out.
Apps are audio visual elements and ideas which are offered by NetRange or third parties. Amongst other things these contain data, material films, videos, photographs, software, games, designs, artworks, pictures, music, sounds, information and other material including derivative, existing or future works, in all media and all formats. Apps cover a whole range of services and functions offered by NetRange or third parties which are typically accessible via the internet. Amongst other things these include the availability of music, film, video, news transmissions, blogs, chat services, use of social networks, information, procurement, provision, sale, purchase, hiring and advice about your TV.
The use of all Apps contained in the portal is exclusively limited to personal, non-commercial use. Other uses are prohibited.
Access to the Apps can require registration, the setting up of a user account and/or fee. The registration can require the preparation of personal data and selection of a unique and secret password. Your personal data is handled in accordance with the data protection guidelines of the service provider and applicable data protection laws. The registration and setting up of a user account as well as the level of fees with an App of third parties subject to costs underlie the guidelines and the general user conditions of the content of respective third parties.
Apps which are called up via the Portal do not underlie the control of NetRange. Your TV enables you to access these Apps and the receipt of these via the internet. NetRange has no editorial influence over all the Apps prepared by other parties and received on your TV through the portal and therefore accepts no liability for the Apps, content of these or the nature of these or their preparation. NetRange cannot accept a guarantee for the complete or timely preparation of the Apps, as well as correctness, accuracy, reliability of the contents. You take notice of and agree to use the Apps at your own personal risk.
5. Rights of App Owners
Apps can be protected by copyright or through other intellectual or other property rights. Under certain circumstances the obtaining of a license or other authorization is necessary at own expense and own risk in order to use particular Apps. You understand that you are responsible for obtaining the required licenses or authorizations. You understand you carry the sole liability for damages which come about through failure to obtain the corresponding licenses or authorizations. You agree that NetRange is not liable for the use of content by you.
C. Data Protection
NetRange places great emphasis on the protection of your personal data which you pass onto NetRange. Occasionally NetRange will use "cookies" to capture and store some of your personal data to ensure the functionality of the Portal (for example, to store your country settings and your approval of these General User Conditions).
Through use of the Portal and recognition of the applicable general user conditions the user agrees that this use is bound with advertising and contacts through messages from NetRange or third parties or current announcements, administrative notifications, newsletters and other materials if necessary. The advertising and contacting is a part of the portal service; a registration is not provided. Particular services or content are possibly not suited to minors or other users.
D. Contact Data
The Portal is provided for you by NetRange MMH GmbH, Mönckebergstr. 22, 20095 Hamburg, Germany. You can reach us via email at firstname.lastname@example.org. You can also read these General User Conditions online at http://www.netrange.com/terms.