Nutzungsbedingungen
Sky Media GmbH, Medienallee 26, D-85774 Unterföhring („SM“) is the operator of the website www.skymedia.de („Online Service“).
Below you will find the exclusively applicable terms of use that apply between SM and the website visitor or the website visitor („user“) who registers for the B2B online service: 1. Use of
Sky Media’s online offering
a ) SM’s online service provides information and data for advertisers and media agencies to access. The online offering contains generally accessible information as well as information in a restricted area that requires the website visitor to register (“B2B customer area”).
b) SM’s B2B customer area is a business-to-business offer for SM’s business partners. As part of this B2B customer area, you will find an expanded range of information with comprehensive information on prices, programs, offers and an online booking tool that can support you in your campaign planning and implementation.
c) E-mail addresses or self-selected user names must not be capable of hurting the protected feelings and rights of other users or violating relevant laws. This applies, for example, to the use of terms from the field of pornography, especially child pornography or incest, as well as terms that glorify violence or incite hatred. Other examples include names of organizations or individuals that may be associated with terrorism, political extremism, or religious fanaticism. In addition, the rights of third parties (names, trademarks, copyrights, data protection rights, etc.) must be protected in all cases.
d) Users are not permitted to advertise commercial offers in any form to other users of SM’s offerings. This also applies to setting appropriate links, e.g. in forums.
e) When using the services, no user may send data or store it on SM’s data storage medium which, due to its type or nature, size or number, is likely to endanger the existence or operation of SM’s data center or data network or to violate the rights of third parties (e.g. viruses, spam emails, etc.).
2. Access authorization to the B2B customer area
a) Registration for the B2B customer area of SM is free of charge. There is no entitlement to admission to the B2B customer area. Only persons with unlimited legal capacity for their commercial activities are eligible to participate. SM reserves the right not to grant private individuals access to the B2B customer area. To register, electronically fill out the registration form provided in the online service and submit your details.
b) To complete your registration for the B2B customer area, confirm the link that SM will send by email to the email address you provided. Your registration is now successfully completed.
c) The data required for registration must be provided completely and truthfully. When you register, you choose a password. You are obliged to keep the password secret and not to disclose it to third parties under any circumstances.
d) Apart from the declaration of your agreement to the validity of these terms of use, your registration is not associated with any obligations. You can change your data at any time in the customer area of the online service. Simply by registering for the customer area there is no obligation whatsoever with regard to the services we offer.
e) If your personal data changes, you are responsible for keeping it updated. Changes can be made online in the “customer area” of the online service.
f) The use of the online booking tool Mydas is aimed exclusively at agencies and advertisers. If you are interested in using this tool, you can apply for this in the online service under “Book online”.
3. Copyright
a) All software, directories, information and content (“content”) offered by SM via the online service are protected by copyright. For the content made available for download by SM, a simple, non-exclusive and non-transferable right of use to download and save the content is granted. Copyright notices and trademark names may not be changed or removed. All further rights remain with SM
b) The content, documents and video trailers of this online service and other media (e.g. newsletter and information service) provided by SM are intended exclusively for the internal use of the website visitor or user and may not be used beyond that. Digitization and modification of the material is also prohibited, as is distribution via external communication channels. Exceptions will only be made after consultation with SM.
c) The creation of a hyperlink from other websites to one of the websites belonging to this online offer without the prior written consent of SM is expressly prohibited. In particular, it is not permitted to integrate or display the websites belonging to this online offer or their content using a hyperlink in a partial window or iFrame.
d) If the copyright provisions are ignored or violated, we reserve the right to assert any claims for damages.
4. Limitation of Liability
a) SM is exclusively responsible for content that it creates, publishes and distributes. SM assumes no responsibility for the content, accuracy, legality and functionality of third-party websites referred to via links from the online service. Visiting websites via links is at your own risk.
b) SM assumes no liability whatsoever for the accuracy and topicality of the information and data distributed on your websites. SM is liable for damage caused by intentional or grossly negligent actions as well as for damage resulting from slightly negligent violations of essential contractual obligations. In the latter case, liability is limited to the damage typically foreseeable at the time the contract was concluded. Liability is not limited in the event of personal injury and within the scope of the Product Liability Act. The above limitations of liability also apply in the event of breaches of duty by SM’s legal representatives or vicarious agents. This applies to all types of damage, in particular damage caused by errors, delays or interruptions in transmission, disruptions to the technical systems and the service, incorrect content, loss or deletion of data, viruses or in any other way when using this online -Offer can arise.
c) SM does not guarantee that the online service will function uninterrupted or error-free and that any errors will be corrected.
5. User liability and exclusion
a) SM has the right to exclude users at any time if there is a legitimate interest in doing so. A legitimate interest exists in particular in the event of culpable violations of these or additional or supplementary terms of use or other conditions of participation, to which separate reference is made.
b) In the event of a culpable violation of the provisions of these terms of use, the user is liable to SM for compensation for all resulting direct and indirect damage, including financial loss. The user indemnifies SM internally from any third-party claims resulting from these violations.
6. Data protection
All data provided or transmitted to SM by users will be treated confidentially. With the exception of the cases regulated in these terms of use, we do not make your data available to third parties for use unless you have given your express consent to this, it serves to process a contract or a contract-like relationship or SM is to disclose the data , for example due to a court order.
Please note that SM uses cookies as part of its online presence. Cookies are small text files that provide information about the behavior of regular visitors to a website by being stored on the user’s hard drive after registration and being activated again the next time they are accessed.
The cookies used by SM do not contain any personal information, so privacy remains protected. Of course, you can generally also use our offers without cookies. WWW browsers can be set so that cookies are generally rejected.
7. Final provisions
a) Changes to the content of these terms of use will be communicated to you in writing by email. If you do not object to this change within four weeks of receipt of the notification, you will be deemed to have accepted the changes. You will be informed separately about the right to object and the legal consequences of remaining silent in the event of changes to the terms of use.
b) The law of the Federal Republic of Germany applies.
c) The place of performance and, if you are a merchant, the exclusive place of jurisdiction for all disputes is Munich.
d) If individual provisions of these terms of use are ineffective or contradict the legal regulations, this will not affect the rest of the contract. The invalid provision will be replaced by a legally effective provision by mutual agreement between the contracting parties, which comes closest to the economic meaning and purpose of the invalid provision. The above provision applies in case of loopholes accordingly.