General Terms and Conditions of Business and Use for VideoCounter.com
The www.VideoCounter.com website ("VideoCounter") and the services provided on it (such as statistics, video distribution, TubeTransfer module) are provided by Webeffekt AG, Dinslaken, Germany, ("Webeffekt") on condition that you consent to the terms and to the conditions of use set out below.
1. Liability exclusion
The products, information, computer programs and services on this website may contain errors or typographical mistakes. Webeffekt reserves the right to make improvements and changes to VideoCounter at any time. Webeffekt does not guarantee the reliability of the services, data and information offered on this website or their suitability for any specific purpose. All services, data and information are provided as seen without any warranty or guarantee. Webeffekt is not liable for any consequential losses including but not limited to loss of use, loss of data or lost profit.
2. Unlawful or illegal use
In using VideoCounter you undertake not to use VideoCounter products, information, software, services and associated graphics for purposes which are unlawful or which are prohibited by other regulations such as copyright, etc.
3. Data Privacy and Security
Webeffekt saves and uses personally identifiable data therefore only insofar as this is required for the processing of contract agreements between the customer and Webeffekt. Personal data will not be forwarded to third parties as long as such forwarding is not necessary to provide or invoice (including debt collection) the contractual services or if there is a legal disclosure obligation. All Webeffekt employees are obliged to keep data secret in accordance with the law.
The customer is hereby informed, in compliance with Â§ 33.1 of the German Data Security Act, that his/her complete address, as well as certain other information provided in connection with the Webeffekt service agreement and services, will be stored by Webeffekt in electronic form and processed electronically for purposes occurring as a result of the agreement.
Webeffekt hereby informs the customer that the privacy and security of data transmissions in open networks such as the Internet cannot be guaranteed based on the technology currently available.
However, it could be technically possible, under certain circumstances, for third parties to access the network security without authorisation, especially for data transfers via the internet outside the Webeffekt access area, and control communication traffic or monitor data traffic. Therefore, customers are responsible for the security and safeguarding of their own data transferred via the internet or for data that can be reached from the internet.
4.1 As a condition of your use of VideoCounter you are giving an assurance to Webeffekt that you accept the General Terms and Conditions of Business of the video portals used via VideoCounter.
4.2 Webeffekt operates their own VideoCounter.com video portal under https://portal.videocounter.com. This is referred to as "VCPortalâ€œ. If the user publishes their content on the VCPortal then the user thereby permits Webeffekt to use the posted content for the provision of VideoCounter.com services and grants Webeffekt gratuitously the necessary rights to the content. This right of use includes in particular the right to make the content worldwide publicly accessible via VideoCounter.com or where applicable another medium or platform.
4.3 The user alone shall be responsible for the content which he uploads to the VCPortal. He affirms that in so doing he is not infringing any third-party rights (including but not limited to copyright, trade mark rights, name rights and rights in distinctive marks), statutory provisions or accepted principles of morality and that the content is not politically or ideologically motivated. Webeffekt may block or remove content which is in breach of the general terms and conditions of business and ban the user in future and/or assert claims (including but not limited to claims for compensation) against the user.
4.4 Webeffekt is furthermore entitled accordingly within the context of the content made publicly accessible on the VCPortal to place advertisements in the same for example in the form of a so-called pre-roll. The user herewith declares their express agreement to this.
5. Charges for using the services available on the VideoCounter website
Unless otherwise agreed this is subject to the following: If there are changes to the videoportals which make it impossible or unreasonably difficult for Webeffekt to provide the services normally available on VideoCounter in whole or in part for any time Webeffekt's obligation to provide such services shall be suspended for such time. This does not entitle the user to withdraw from the agreement. A charge will then not be made for any services or parts thereof which are not provided and any payment already made will be reimbursed if Webeffekt provides less than 90 % of such services ordered.
6. Affiliate program
6.1 Webeffekt operates a affiliate program under which an affiliate can recruit new VideoCounter.com customers for Webeffekt.
6.2 The affiliate program, its functions and commissions are described on www.videocounter.com/pages/en/start/affiliate-program.php. Webeffekt reserves the right to change or end these functions and commissions. Affiliates will be informed of any material changes beforehand by eMail.
6.3 All the affiliateâ€™s work and costs are settled on payment of the commission.
6.4 Honesty and trust
6.4.1 The VideoCounter.com users who have been recruited must have opened the account themselves and of their own free will.
6.4.2 The affiliate shall not engage in any advertising measures which are unfair or misleading or which infringe laws or the accepted principles of morality. The VideoCounter.com domain and the "VideoCounter" name may not be used as a landing page or as the domain or URL shown for SEM campaigns such as Google-AdWords. Webeffekt may exclude affiliates who breach these conditions from the affiliate program immediately with immediate effect without stating reasons and may assert claims for compensation; it may also impose a contractual penalty of â‚¬ 5,000. The affiliate shall indemnify Webeffekt from any third-party claims against Webeffekt arising from such breaches. In the event of a breach any present and future claims which the affiliate may have for commission will be lost.
6.4.3 Webeffekt may close affiliate accounts and exclude affiliates from the affiliate program if the affiliate program produces unqualified traffic or if on average less than 0.25Â % of visitors open a VideoCounter.com account.
6.5 Webeffekt reserves the right to restrict accessibility or to suspend it temporarily. At times the access nodes may become overloaded or there may be problems in the system which restrict or prevent accessibility and/or use of VideoCounter.com. The affiliate understands that even with state-of-the-art technology it is not always possible to produce a computer program which is completely error-free. The above cases do not entitle the affiliates to any claims against Webeffekt.
6.6 The data to be provided by the affiliate must be correct and must be updated whenever appropriate. Webeffekt does not accept liability for losses from incorrect or incomplete affi liatedata. Webeffekt will save all data provided by the affiliate as well as additional affiliate-related data such as the IP address, timestamps, etc. Webeffekt expressly points out that it uses cookie technology and that it saves the data contained therein on the affiliate's hard drive. The affiliate can view and change the data saved. To do this the affiliate should contact Support at www.videocounter.com/pages/impressum.php.
6.7 Webeffekt does not accept liability for the content made available or errors.
6.8 Webeffekt shall transfer the commission due to the affiliate within 30 days of the end of month in which the commission was earned.
6.9 For companies and individuals from the NAFTA region (USA, Canada, Mexico) the commission will be charged in US-$. For all other in â‚¬.
7. Links to external websites
VideoCounter provides links to websites of information providers other than Webeffekt. Webeffekt is not bound by the content of such links. Webeffekt has no control over such websites and is not responsible for their content or any information which they contain. Under no circumstances does Webeffekt bear liability for such content or information. If you have any complaints regarding such links please let us know.
8. Changes to these Terms and Conditions
Webeffekt reserves the right to change the Terms and Conditions which apply to this website. Any such changes take effect two weeks after they have been published on VideoCounter.
German law applies. The place of jurisdiction is Dinslaken, provided that this is possible by law.
Dinslaken, April 2008. Last amended on 10 January 2014.
Please let us know if you have any questions to these Terms and Conditions.
D 46537 Dinslaken