Terms of use

Terms of use of the website of the Sun Mountain Way Production GmbH

I. General information

We – The Sun Mountain Way Production GmbH – make our platform www.smwproduction.com (hereinafter collectively referred to as the "Platform") and the content and services offered therein available to you as a user on the basis of these Terms of Use.

These General Terms of Use shall apply exclusively to the use of the platform. Deviating terms and conditions shall not apply without our express objection.

You have the option to conclude an order with us for certain services. In these cases, these terms of use apply in addition and are part of the contract.

These Terms of Use apply to both consumers and entrepreneurs - in the case of special features, these are referred to separately in the following conditions.

A consumer is any natural person who enters a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.

An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

With respect to entrepreneurs, these terms and conditions shall also apply to future business relations without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.

II. Non-binding

The user relationship is established with us.

The presentation of the platform does not constitute a legally binding offer, but a non-binding representation and presentation of our services.

You are responsible for the results you intend to achieve by using the platform. The same applies to the interaction of individual components.

III. Platform scope

The platform offers the possibility to discover, watch and share videos, music as well as other content and thus to inform oneself about our services. The offer is updated by us at regular intervals. We reserve the right to change the services offered on the platform or to offer deviating services.

IV. Privacy

Our privacy policy explains how we handle your personal data and protect your data when you use our platform.

V. Permissions and restrictions, copyright

You acknowledge that the know-how and other property as well as industrial property rights embodied in the platform or other services are our sole property and that we are fully entitled to all property rights in this respect, including existing copyrights.

You also acknowledge that all trademarks affixed to written documents or content are our sole property. You have no right or claim to use any such marks except with our express prior written consent.

Subject to these Terms of Use and applicable laws, you may access and use the Content on the Platform as provided to you. You may view or listen to Content for your non-commercial use.

However, the use of the Platform's content is subject to certain restrictions. The following is not permitted:

  1. Access, reproduce, download, distribute, transmit, display, sell, license, modify, adapt or otherwise use any portion of the Content, except with our prior permission in text form and, where relevant, from the respective rights holders or as permitted by applicable law.

  2. Bypass, disable, fraudulently use, or otherwise interfere or attempt to interfere with the security-related features of the Platform. You also may not circumvent, disable, fraudulently use, or otherwise interfere or attempt to circumvent, disable, fraudulently use, or otherwise interfere with any other feature of the Platform that prevents or restricts the use of the Content.

  3. Access the Content by any automated means, except through public search engines or with our prior permission in text form or as permitted by applicable law.

  4. Use the Content to distribute advertising or commercial content or other unsolicited or unreasonable harassment (spam).

  5. Use the content to watch or listen to content outside of private, non-commercial use (for example, a public screening of videos or streaming of music).

Reservation

Any right not expressly granted to you in this Agreement remains with us or the respective rights holders. This means, for example, that by using the Content, you do not acquire any copyright or intellectual property rights in the Content you access. This also applies to trademarks used or displayed on the Platform.

VI. Liability

Claims for damages against us, our legal representatives or vicarious agents are excluded, irrespective of the legal grounds on which they are based.

This shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents if

  • the damages consist in an injury to life, body or health,

  • the damage was caused intentionally or by gross negligence,

  • the claims asserted are based on the Product Liability Act,

  • we are liable due to initial inability or impossibility for which we are responsible, i.e. the fulfillment of the contract was impossible for us from the beginning,

  • in the case of warranty promises or a procurement risk, insofar as agreed and we are liable hereunder.

In these cases, our liability is unlimited.

In the event of a breach of so-called cardinal obligations due to slight negligence by us, our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This shall not apply if we have unlimited liability as described above.

Cardinal obligations in the aforementioned sense are such contractual obligations on whose proper fulfillment you rely and may rely, because they characterize the contract and whose fulfillment enables the proper execution of the contract in the first place.

The existence of a breach of duty must be proven by you, the absence of fault by us (legal distribution of the burden of proof).

Claims on your part shall become statute-barred within one year from the statutory commencement of the limitation period.

VII. Final provisions

If you are an entrepreneur, the law of the Federal Republic of Germany shall apply exclusively to the exclusion of all international and supranational (contractual) legal systems, in particular the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive - including international - place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our registered office.

The invalidity of individual provisions shall not affect the validity of the other provisions. In particular, the contract remains effective for both parties.

 

Status: November 2022