1 General Information

1. Access to and use of this Website is subject to the following Terms and Conditions including the Privacy Policy contained herein which, by accessing and browsing the Website, the User accepts, without limitation or qualification. If the User does not agree to these Terms and Conditions he or she must not use this Website, Content or Services.

2. By accessing this Website the User warrants that he or she is not less than 18 years old or, if the User is less than 18 years old, he or she accesses the Website only, with the consent of, and is supervised by its parent/guardian.

3. Terra Mater Studios GmbH (“TMS”) may at any time revise these Terms and Conditions. Modifications to these Terms and Conditions will be effective immediately upon notice, either by posting on the Website, notification by email or through any of our Applications. It is your responsibility to review the Terms and Conditions from time to time for any changes. Your access and use of our Services following any modification of these Terms and Conditions will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms and Conditions, immediately discontinue use of our Website, Content or Services and, if applicable, terminate your Account.

4. Words set out in these Terms starting with capital letters have the following meanings:

“Content” means all information, material and media, in particular text, data, artwork, graphics, photos, print, footage, software, sounds, music, recordings, videos and other moving and non-moving images and material created or contributed by TMS and whether provided in stream, download, electronic data or any other form on or via the Website;

“IPR” means intellectual property rights which include, but are not limited to copyright, moral rights, registered designs, patents, trademarks, service marks, brands, design rights (whether registered or unregistered) semiconductor rights, database rights, trade secrets, rights of confidence and all other similar rights (including applications for the registration of any of the foregoing rights) and all other renewals and extensions thereof in any part of the world;

“Services” means the services such as the access, software, tools and Content made available to User via the Website;

“Users” mean any visitors of the Website and also member of the press;

“Website” means www.orcafilm.net

2 Copyright, Trademarks and other intellectual property rights

1. Any Content and Services of the Website i.e. all text, logos, trademarks, graphics, artwork, sounds, music and software (including the player) is protected by copyright, moral rights, registered designs, patents, trademarks, service marks, brands, design rights, semiconductor rights, database rights, trade secrets, rights of confidence and other similar rights (“IPR”). All IPR subsisting in the Website and its Content or Services is either owned by TMS or licensed to TMS. All rights remain reserved to TMS or if provided by a third party, to such third party (and even if any such Content or Service is not explicitly identified to be legally protected or registered, this does not imply any waiver by TMS of applicable intellectual property rights with respect to any such Content or Service in its entirety or parts thereof). Even if any such trademark, name and logo are not explicitly identified to be legally protected or registered, this does not imply any waiver from TMS on applicable IPR in respect to any such trademark, name or logo.

2. Images of people or places displayed on the Site are either the property of, or used with permission by, TMS. The use of these images by the Users, or any other third parties authorised by the former, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site, or an express consent has been provided by TMS. Any unauthorised use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Any reproduction of the Content, the Services or part thereof shall be expressly agreed to by Terra Mater Studios and clearly marked by User with Terra Mater Studios’ copyright sign, as follows:

© Terra Mater Studios GmbH.

3 User’s rights and obligations

1. TMS maintains this Website for personal entertainment, information and communication purposes only. Users may download solely for download marked Content and Services displayed on the Website for non-commercial, personal use only provided Users also retain all copyright and other proprietary notices contained on the Content or Services. Users may not, however, copy, reproduce, republish, distribute, modify, transmit, reuse, repost, or use any part of the Website, the Content or Services of the Website for public or commercial purposes, including the text, images, audio, and video without TMS’ written permission, except as expressly provided in these Terms or otherwise agreed to by TMS in writing. The same shall apply to ideas and concepts the Website, or any of its Content or Services is based on, even if not protected by IPR law.

2. Users must not modify, alter or adapt any part of the Content or Services (each an “Adaptation”) without TMS prior written consent. In the event that TMS gives consent to any Adaptation, the User acknowledge and agrees by requesting such that TMS shall obtain the irrevocable, worldwide, perpetual, non-exclusive, transferable, fully paid up and unlimited rights to exploit any Adaptation and all materials, whether provided by TMS or not as well as all parts thereof, in particular, but not limited to, any edit, cut or excerpt and all other materials created by the User, pursuant to or related to the Content, Services or Adaptation, free of charge and in any known or yet unknown kind of use upon its creation.

3. Users must not (or attempt to) hamper, disable, interfere or attempt to interfere with the Website or any part of it (including its security-related features or any transaction as may be concluded on the Website) or in any way reproduce or circumvent the navigational structure of the Website, to obtain or attempt to obtain any Content or Service through any means other than as intentionally offered under the Website;

4. Users must not cast a negative light on TMS, its affiliates or on TMS or its affiliates activities, business or brands. Users shall in particular refrain from using any Content in connection with: (a) illegal products, content, services or materials;

(b) any products, content, services or materials concerning or relating to obscenity, pornography or similarly adult-themed material and/or; (c) coverage of accidents, assaults, catastrophes or riots.

5. Users must not use the Website, Content or Services for any unlawful purpose or for the publication of, linking to, issue or display of any unlawful material (such terms to include, but not be limited to, any pirated software or any material which is obscene, threatening, malicious, deceptive, harmful, abusive, defamatory, intimidating, discriminatory on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability) or which breaches the rights (including, but not limited to IPR) of TMS and/or any third party or which encourages or procures any criminal activity or contains any virus, trojan horses or other harmful code or script.

6. Users shall comply with all applicable laws and regulations in using the Services, and Content and agree not to infringe the rights of TMS, any other user of this Website or other third parties.

4 Disclaimer and limitation of liability

1. TMS neither warrants nor represents that use of Content and Services displayed on the Website will not infringe rights of third parties not owned by or affiliated with TMS.

2. The Content and Services contained in the Website is intended for entertainment purposes and the views and opinions expressed therein are not necessarily those of TMS.

3. While TMS uses reasonable efforts to include accurate and up to date Content and Services in the Website, TMS makes no warranties or representations as to its accuracy. TMS assumes no liability or responsibility for any errors or omissions in the Content or Service of the Website.

4. TMS does not warrant that the Website, the Content or the Services will be error-free or uninterrupted, or that defects will be corrected. TMS reserves the right at any time and without notice to remove the Website, Content or Services (or part thereof) for whatever reason or to interrupt the operation of the Website, Content or Services (or part thereof) as may be necessary to perform routine or non-routine maintenance, error correction or other changes.

5. Use of and browsing in the Website are at the User’s own risk. Neither TMS, any of its agencies, nor any other party involved in creating, producing, or delivering the Website is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of the User’s access to, or use of, the Website, save in the case of fraud, gross negligence, personal injury or death.

6. TMS also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, the User’s computer equipment or other property on account of the User’s access to, use of, or browsing in the Website or the User’s downloading of any Content and Services from the Website.

7. Certain hypertext links in this Website will lead to other websites that are not owned or controlled by TMS. TMS has not reviewed any or all of the third party websites linked to the Website and is not responsible or liable for the nature or the content of any third party websites linked to the Website. Linking to the Website, third party websites and in particular downloading computer programs from certain websites may risk infringing copyright, introduce computer viruses into the User’s own system and is at the User’s own risk and without the permission of TMS. All disclaimers, indemnities and exclusions in these Terms shall survive the termination of these Terms.

5 Severance

Each provision of these Terms shall be constructed separately and independently. The effectiveness of these Terms shall not be impaired if any provision of these Terms should be completely or partially invalid or unenforceable. In this case, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms remain in full force and effect.

6 Governing law and jurisdiction

All disputes arising out of or in connection with these Terms, including any questions regarding its existence, validity or termination, shall exclusively be settled by the court responsible for commercial matters in Vienna in accordance with the law in force in Austria, without reference to its conflicts of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980, shall be excluded.

Copyright © 2024 Terra Mater Studios GmbH. All rights reserved.

Austria