ContentBay

ContentBay GmbH Terms of Use

Thank you for subscribing to the services of ContentBay GmbH (“ContentBay”). By subscribing and/or using the service of ContentBay, you accept the following conditions(“Terms of Use”).
Please read them carefully.

1. Copyright

All content included on or made available through the ContentBay service, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of ContentBay or its suppliers and protected by applicable copyright laws. The compilation of all data and content included in or made available through the ContentBay service is the exclusive property of ContentBay or its suppliers and protected by applicable copyright laws. All software used in the ContentBay service is the property of ContentBay or its software suppliers and protected by applicable copyright laws.

2. Trademarks

ContentBay and the ContentBay logo is aregistered trademarkof ContentBay GmbH in Germany, the EU, the UK and other countries. ContentBay's trademarks may not be used in connection with any product or service that is not ContentBay's, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ContentBay. All other trademarks not owned by ContentBay but by its suppliersthat appear in any ContentBay service are the property of their respective owners.

3. License and Access

Subject to your compliance with these Termsof Use and your payment of any applicable fees, ContentBay and/or its serviceproviders grant you a limited, non-exclusive, non-transferable, non-sublicenseable license to access and make use of the ContentBay service, including digital content and data available through the ContentBay service, but not to download (other than page caching) or modify any of the digital content, or any portion of it, except the data researched within the services. The ContentBay service or any portion thereofmay not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ContentBay. This license does not include any resale or commercial use of the ContentBay serviceor its contents or any derivative use of its contents. All licenses are non-exclusive and all rights not expressly granted to you in these Termsof Use or any applicable Terms are reserved and retained by ContentBay or its licensors, suppliers, publishers, rightsholders, or other content providers. You will use the ContentBay service in compliance with all applicable laws.

4. Use of the ContentBay Software

You may use the ContentBay Software only in connection with the ContentBay service. You may not separate any individual component of the ContentBay Software for use other than in connection with the ContentBay services, incorporate any portion of it into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, use it, or any portion of it, over a network, or sell, rent, lease, lend, loan, distribute or sub-license the ContentBay Software or otherwise assign any rights to the CotnentBaySoftware in whole or in part. You may not use the ContentBay Software for any illegal purpose. We may discontinue some or all of any ContentBay Software we provide, and we may terminate your right to use any ContentBay Software at any time and in such event may modify it to make it inoperable. Your rights to use the ContentBay Software will automatically terminate without notice from us if you fail to comply with any of these terms.

5. Updates

In order to keep the ContentBay Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.

6. Access and Passwords

While subscribingto the ContentBay service, you have selected or been assigned a particular password and ContentBay ID in accordance with ContentBay's password and ContentBay ID guidelines. YOU AGREE THAT YOU ARE THE ONLY INDIVIDUAL ENTITLED TO ACCESS THE ContentBay serviceUSING YOUR PASSWORD OR ContentBay ID, AND YOU AGREE NOT TO PERMIT OTHERS TO ACCESS THE SITE USING YOUR PASSWORD OR ContentBay ID. You agree that all actions taken by you, or any other user that accesses the ContentBay Serviceusing your ContentBay ID, will be attributed to and legally bind you, even with respect to acts for which the user had no actual authority or made an error. You assume all resulting liability from use of the ContentBay service by you or others using your password or ContentBay ID. If you lose your password, please visit https://app.contentbay.com/auth/realms/app/login-actions/reset-credentials to obtain a new password.

7. Subscription Fees and Payments

Your subscription will continue and renew automatically, unless terminated by ContentBay or you by clicking the unsubscribebutton. If there are any annual, monthly, or similar periodic fees for your subscription (including any applicable taxes), these fees will be billed automatically to the credit card, PayPal, ApplePay, etc.or banking accountdesignated during the registration process for the ContentBay serviceor subsequently designated by you to ContentBay, at the start of the annual, monthly or similar period, and at the start of each renewal period, unless you terminate your subscription before the relevant period begins. You agree to pay orhave paid all fees and charges incurred in connection with your ContentBay ID and password for the ContentBay service (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges (including any applicable taxes) are non refundable. ContentBay may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. All fees and charges (including any applicable taxes) incurred in connection with your ContentBay ID and password will be billed to the credit card, PayPal, ApplePay, etc.l or banking accountdesignated during the registration process for the ContentBay serviceor subsequently designated by you to ContentBay. If you want to designate a different credit card, PayPal, ApplePay, etc.or banking accountor there is a change in credit card validity or expiration date, please access your "Account Settings" tab to update your account. If you believe someone has accessed the ContentBay serviceusing your ContentBay ID and password without your authorization, you must e-mail the ContentBay Help Desk at support@contentbay.com. You also are responsible for any fees or charges incurred to access the ContentBay service through an Internet access provider or other third-party service. YOU, AND NOT CONTENTBAY, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY WHICH WERE NOT AUTHORIZED BY YOU.

8. Payment Methods

If we are unable to process your payment using your designated payment method, we reserve the right to charge any payment method we have on file for you. If you purchase a subscription or start a free trial for a subscription, your subscription will automatically continue, and you authorize us (without further notice, unless required by applicable law) to collect the then-applicable periodic subscription fee including any taxes, using any payment method we have on file for you. We will continue to bill you for the relevant subscription service until cancelled. If all payment methods we have on file for you are declined for payment of your subscription fee, your subscription will be cancelled unless you provide us with a new payment method. If you provide us with a new payment method and are successfully charged before your subscription is cancelled, your new subscription period will be based on the original billing date and not the date of the successful charge. You can use the “Account Settings” page to update your designated payment method(s).

9. Privacy

Our Privacy Notice is a part of these Terms of Use andare incorporated herein by this reference. Please read it now at http://www.ContentBay.com/privacy

10. Group Plan

Group plans (currently “Expert” packageand above) are not eligible for free trials. If you are a group plan member, your access to, and permission to use, ContentBay under a group plan and your individual ContentBay subscription under the group plan has been granted to you by the individual who holds the group plan to which your group plan account belongs (“Group Plan Holder”) and may be removed by the Group Plan Holder at any time. The Group Plan Holder will be advised when you join the plan.

11. Copyright; Limitations on Use

The republishing, filtering, altering, framing, or linking of the ContentBay service or any ContentBay content (including graphics available in the application) without express permission from ContentBay. The following activities are prohibited. You agree not to:

  • Use web-accelerated browsers or products (including but not limited to NetJet, NetSonic, MSIECrawler and Teleport-Pro), or other applications that are capable of copying large portions of content from the ContentBay service. ContentBay can detect the use of these systems through live logfile analysis and will ban any future use of the the ContentBay service by offenders.
  • Use robots and crawlers, or similar technology.
  • Use any device, software or routine or the like to interfere or attempt to interfere with any functionality of the ContentBay service;
  • Take any action that imposes an unreasonable or disproportionately large load on the ContentBay service infrastructure;
  • Access the ContentBay service by any means other than through the interface that is provided by ContentBay, or attempt to access any area of the ContentBay serviceto which your access is not authorized; or
  • Reverse engineer, reverse assemble or otherwise attempt to discover any source code relating to the ContentBay service.

12. Accuracy and Availability of Information

The Site contains a database of entertainment industry information and other content regarding the entertainment industry compiled by ContentBay. While we use commercially reasonable efforts to provide accurate information, ContentBay gives no warranty as to the accuracy of the database and other content on the Site. If you choose to use or rely on such information when making abusiness decision or for any other purpose you do so entirely at your own risk. ContentBay reserves the right to withdraw or delete information or content from the ContentBay service at any time.

13. Representations and Warranties

You represent and warrant to ContentBay that: (a) you possess the legal right and ability to enter into this Agreement; (b) you will be responsible for all use of your password and ContentBay ID even if such use was conducted without your authority or permission; and (c) you will not use the Site for any purpose that is unlawful or prohibited by this Agreement.

14. Disclaimer of Warranties

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ContentBay DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ContentBay DOES NOT WARRANT THAT THE ContentBay SERVICE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ContentBay SERVICE, ITS SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM ContentBay ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ContentBay WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY ContentBay SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY ContentBay SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

15. Limitation of Damages

IN NO EVENT WILL CONTENTBAY OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, AND THE LIKE, EVEN IN THE EVENT OF FAULT, TORT, BREACH OF CONTRACT, OR BREACH OF WARRANTY, AND EVEN IF CONTENTBAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16. Limitation of Liability; Exclusive Remedy

ALSO, IN NO EVENT WILL CONTENTBAY OR ANY OF ITS AFFILIATES BE LIABLE TO YOU FOR ANY AMOUNT IN EXCESS OF THE TOTAL AMOUNT ACTUALLY RECEIVED BY CONTENTBAY FROM YOU FOR ACCESS TO THE SITE AND ANY OF THE SERVICES AVAILABLE AT THE SITE DURING THE YEAR PRIOR TO YOUR CLAIM.

17. Indemnity

You agree to indemnify and hold us harmless, and pay our attorney's fees and costs, if we become liable for or incur any damages in connection with your breach of these Terms of Use. You may not settle any dispute without our prior consent, which may only be given in a non-electronic writing signed by an authorized representative of ContentBay.

18. Consent to Electronic Notices and Other Communications

You agree that all of your transactions relating to the ContentBay service may, at our option, be conducted electronically, including any that we are otherwise required to provide in a "writing". For example, we may send you notices via postings at the Site or via email to any email address that you provide to us during registration as a Site member. If you do not wish to deal with us electronically, you should not use the ContentBay serviceor enter into this Agreement. If applicable law now or later requires us to communicate with you non-electronically, we reserve the right to charge a fee for doing so. Notice will be deemed given 24 hours after it is the email is sent, unless (for email) we are notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receiptrequested, to the address provided during registration. In such case, notice will be deemed given 3 days after the date of mailing.

19. Termination

ContentBay may terminate your subscription and accessor suspend access to all or part to the ContentBay service, without notice, for any conduct that ContentBay, in its sole discretion, believes is in violation of these Terms of Use, any applicable law, or is harmful to the interests of another user, serviceprovider, or ContentBay. ContentBay may also elect not to renew your subscription and access by providing a notice of nonrenewal prior to the end of your current subscription term. If you cancel your ContentBay service subscription or if your subscription is terminated, all of your account information (including resume data or information stored in connection with your use of the Communication Services) may be deleted.

20. Assignment

You agree not to assign your rights under this Agreement without the consent of an authorized representative of ContentBay in a non-electronic record, and any assignment without ContentBay's consent will be voidable at ContentBay's option. This Agreement will inure to the benefit of and bind the parties' respective successors and permitted assigns.

21. Applicable Law and Disputes

This Agreement is governed by the laws of Germany, without regard to principles of conflict of laws. Any dispute or claim relating in any way to your use of the ContentBay servicewill be resolved before the Courts of Munich.

22. Amendments

ContentBay may change the provisions of these Terms of Use. When ContentBay changes the terms of these Terms of Use, ContentBay will notify you by e-mail. If you do not agree to be bound by the changes, you should not use the ContentBay service again and you should cancel your subscription to the ContentBay service. If you use the ContentBay service after you have been notified of a change to these Terms of Use, you are agreeing now to be bound by that change.

23. Entire Agreement; Severability; No Waiver

These Terms of Use(including all documents incorporated by reference) constitute the entire agreement between the parties for its subject matter and supersedes all prior and contemporaneous communications between the parties.

24. General

If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties agree that its remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that no joint venture, partnership or agency relationship exists between you and ContentBay or its affiliates as a result of these Terms of Use or your use of the ContentBay service.