Terms of Service

These terms of service (these “Terms”) apply to the services provided by Futurebytes GmbH & Co. KG, Germany (“Disclose.tv,” “we,” “us” or “our”) via Disclose.tv including all subdomains (the “Site”) (collectively, the “Service”).

Accepting these Terms

If you access or use the Service, it means you agree to be bound by all of the terms below. Please read all of the terms before you use the Service. If a term does not make sense to you, please let us know. If you don’t agree to all of the terms below, you may not use the Service.

Changes to these Terms

We encourage you to review the Terms regularly to know about our practices. We may change these Terms from time to time. For example, we may change these Terms if we come out with a new feature. If we make changes, we will let you know by revising the date at the bottom of the policy and, in some cases, provide you with additional notice (such as sending you an email notification). Any changes we make to these Terms will be effective when we post them. If you use the Service after we have posted the changed Terms, then you have accepted the changes to these Terms.

Privacy & Cookie Policy

For information about how we collect, use and share information about users of the Service and how we use first and third-party cookies on our Service, please see our Privacy & Cookie Policy. The Privacy & Cookie Policy is part of these Terms.

Community Guidelines

For information about how we enforce content and user moderation on our Service, please see our Community Guidelines. The Community Guidelines are part of these Terms.

Description of the Service

The Service enables you to post, process, store and make available to you and others texts, videos, photographs, music, sounds, images, software, and other materials (“User Content”). For more information about the Service, please see our FAQs.

Creating Accounts

You can browse the Service without registering for an account. But to use some of the Service’s functions, you’ll need to register, choose a username, and set a password. When you do that, the information you give us has to be accurate and complete. Don’t impersonate anyone else or choose names that are offensive or that violate anyone’s rights. If you don’t follow these rules, we may cancel your account without prior notice.

You’re responsible for all the activity on your account, and for keeping your password confidential. If you find out that someone’s used your account without your permission, you should report it. If you discover or suspect any Service security breaches, please let us know as soon as possible. You represent and warrant to us that all information that you provide in connection with your account is accurate, truthful, current, and complete. Disclose.tv reserves the right to deny, deactivate, or terminate any account at our discretion.

To sign up for an account, you need to be at least 18 years old, or old enough to form a binding contract where you live. If necessary, we may ask you for proof of age.

Deleting Accounts

You can delete your account at any time. Deleting your account won’t automatically make some content you’ve already posted go away.

You can terminate your account at any time through your account settings. We may retain certain information as required by law or as necessary for our legitimate business purposes. All provisions of these Terms survive termination of an account, including our rights regarding any content you’ve already submitted to the Service. (for instance, if you’ve commented on a post, deleting your account will not automatically remove the comment from the Site.)

You can contact us by clicking on the red “help” button in the lower-right corner of this page for additional information or to request a deletion of all content submitted to the Service (this is not available in all circumstances).

Right to Use the Service

On the condition that you fully comply with these Terms, Disclose.tv grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service. Except as expressly authorized by these Terms, you may not (a) modify, disclose, alter, translate or create derivative works of the Service, (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Service, © disassemble, decompile or reverse engineer any of the software components of the Service, (d) copy, frame or mirror any part of the Service, (e) interfere with or disrupt the integrity or performance of the Service or (f) attempt to gain unauthorized access to the Service or its related systems or networks.

Prohibited Use of the Service

You may not post, process, store or otherwise make available on or through the Service any of the following:

User Content that…

  • contains private information of any other person (including names, email addresses, phone numbers, Social Security numbers and financial information);
  • is libelous, defamatory, abusive, offensive or hateful;
  • is obscene, pornographic, indecent or sexually explicit, depicts graphic, excessive or gratuitous violence;
  • is illegal, harmful or offensive or that would encourage, solicit, foster, glorify or provide instructions for any criminal or civil offense;
  • promotes terrorism or other acts of violence;
  • may infringe, misappropriate or violate any intellectual property rights, rights of privacy, rights of publicity or any other rights of others;
  • may contain viruses, corrupted data or other harmful, disruptive or destructive files or code;
  • in Disclose.tv's judgment, is objectionable, may restrict or inhibit another from enjoying the Service or may expose Disclose.tv or users of the Service to harm or liability of any type; and/or
  • you are contractually or legally required to keep confidential.

Also, you may not do any of the following in connection with the Service or other users:

  • Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service;
  • Collect any personal information about other users;
  • Intimidate, threaten, stalk, bully or otherwise harass other users;
  • Promote terrorism or other acts of violence;
  • Post spam or commercial messages through the Service;
  • Create an account or any post any User Content if you are not over 13 years of age;
  • Use automated means to submit or edit User Content (except as we otherwise permit);
  • Use the Service for any illegal or unauthorized purpose or to engage in, encourage or promote any activity that is unlawful or that violates these Terms; and
  • Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Service, its users, or third parties.

Your use of the Service is at your own risk. Disclose.tv is not responsible or liable for the conduct of, or your interactions with, any other users (whether online or offline) or for any related damage or harm.

When you post, process, store, or otherwise make available User Content to the Service, you grant us a non-exclusive, royalty-free, perpetual, and fully sublicensable right and license to use, reproduce, modify, create derivative works from, distribute, perform and display such User Content in order to provide the Service. Also, when you post, store or otherwise make available User Content to the Service, you grant us a non-exclusive, royalty-free, perpetual, and fully sublicensable right and license to use, reproduce, modify, create derivative works from, distribute, perform and display such User Content for our business and marketing purposes.

You represent and warrant that (a) you own and control all of the rights to all User Content that you post, store, or otherwise make available to the Service, and (b) your posting, storing, or otherwise making available of User Content does not violate these Terms and will not cause injury to any person or entity or violate, misappropriate or infringe any intellectual property rights, rights of privacy, rights of publicity or any other rights of any individual or entity.

As a provider of the Service, Disclose.tv is not liable for User Content. Although we have no obligation to screen, edit or monitor User Content, we reserve the right and have the discretion, to screen, edit or remove any User Content at any time, for any reason and without notice.

Reporting and Removal

Disclose.tv users may report USG (user-generated content) to Disclose.tv that they think violate these Terms, and Disclose.tv may remove that USG, suspend or terminate the account of the user who posted, stored, or otherwise made available USG and/or take additional action to enforce these Terms against such user.

Also, in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Disclose.tv has adopted a policy of terminating, in appropriate circumstances and at our discretion, account holders who are deemed to be repeat infringers. We also may, at our discretion, limit access to the Service and terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

If you think that anything on the Service infringes upon any copyright that you own or control, you may file a notification with Disclose.tv’s Designated Agent.

In any such case, please provide the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
  • A description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • A description of where the material that you claim is infringing is located on the Website, including the URL;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Disclose.tv’s agent for notice of claims of copyright infringement can be reached as follows:

Designated Agent: SIWE Sinzger & Partner mbB
Address of Designated Agent: Innstrasse 71, D-94036 Passau, Germany
Telephone Number of Designated Agent: +49-851-98838-0
Fax Number of Designated Agent: +49-851-98838-28
Email Address of Designated Agent: copyright [at] disclose.tv

Please see 17 U.S.C. § 512©(3) for the requirements of a proper notification. If you knowingly misrepresent that any material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees. Disclose.tv or the alleged infringer incurs because we relied on the misrepresentation when removing or disabling access to the material or activity.

Feedback

Any suggestions, comments, or other feedback you give us about the Service will be our confidential information. We are free to use, disclose, reproduce, license, distribute and exploit this feedback as we see fit, without compensation to you or any obligation or restriction because of any intellectual property rights or otherwise.

Disclose.tv Property & Copyright

Disclose.tv’s name, trademarks, logos, and any other Disclose.tv product, service name, or slogan included in the Service are the property of Disclose.tv and may not be copied, imitated, or used (in whole or in part) without Disclose.tv’s prior written consent. All information, materials, and content of the Service, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms and other content is owned by Disclose.tv or is used with permission. Reusing the information, materials, and content of the Service in any way or form is prohibited. Disclose.tv reserves all rights not expressly set forth in these Terms.

Third Party Materials

We may make third-party content or services available on or through the Service as a convenience to our users (for example, links to third party websites) (“Third Party Materials”). Our users may also include Third Party Materials in the User Content that they post, store, or otherwise make available to the Service. We do not control or endorse any Third Party Materials nor are we responsible for reviewing the accuracy of any Third Party Materials. Your business dealings or correspondence with third parties, and any terms, conditions, warranties, or representations applicable to any Third Party Materials, are solely between you and the applicable third party. When you leave our Service, you should be aware that these Terms and all other Disclose.tv policies no longer govern your use of other websites and services.

Links & Embedded Content

The Service may contain links to and embedded content from third-party websites that are not owned or controlled by Disclose.tv. Disclose.tv is not affiliated with those websites, has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Disclose.tv will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly release Disclose.tv from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you have left the Service and to read the Terms and Privacy Policy of each other website that you visit.

Disclaimers

THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (INCLUDING THIRD PARTY MATERIALS) ARE PROVIDED TO YOU ON AN AS-IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (INCLUDING THIRD PARTY MATERIALS) WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.

Limitation of Liability

IN NO EVENT SHALL DISCLOSE.TV, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) CONTENT, INCLUDING ANY MISTAKES OR INACCURACIES THEREIN, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF OUR SERVICE, (III) ANY UNAUTHORIZED USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT ON OR VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Disclose.tv IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY, ACKNOWLEDGE THAT DISCLOSE.TV SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Indemnification

You will defend, indemnify, and hold us harmless from and against any actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or related to any of your conduct with respect to the Service, the User Content you have posted, stored or otherwise made available via the Service, or any violation (or alleged violation) of these Terms or the rights of any third party by you or any person using your Disclose.tv account.

Changes to the Service

Disclose.tv reserves the right in our discretion to review, improve, change or discontinue, temporarily or permanently, the Service and/or any features, information, materials, or content on the Service with or without providing notice to you. Disclose.tv will not be liable to you or any third party for any changes or discontinuance of the Service or any part of the Service.

Consent to Electronic Communications

By using the Service, you agree that we may communicate with you electronically regarding your use of the Service and that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at support [at] disclose.tv

Suspension and Termination

Disclose.tv may suspend or terminate your rights to access or use the Service (including the App) for any reason or for no reason at all and with or without notice at Disclose.tv’s discretion. All of the terms of these Terms (excluding our license grants to you) will survive any termination or suspension. You may cancel your account at any time by contacting us at support [at] disclose.tv

Ability to accept the Terms

You affirm that you are either more than 18 years of age or possess legal parental or guardian consent to enter into these Terms, and to comply with these Terms. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service - there are lots of other great websites for you. Talk to your parents about what sites are appropriate for you.

Assignment

These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by Disclose.tv without restriction.

Governing Law; Arbitration

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH DISCLOSE.TV AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM THE SERVICE.

These Terms shall be governed by the internal substantive laws of Germany, without respect to its conflict of laws principles. Any claim or dispute between you and Disclose.tv that arises in whole or in part from the Service or these Terms shall be decided exclusively by a federal or state court of competent jurisdiction located in Passau, Germany.

In the event of any controversy or claim arising out of or relating in any way to these Terms or the Service, you and Disclose.tv agree to consult and negotiate with each other and, recognizing your mutual interests, try to reach a solution satisfactory to both parties. If a settlement is not reached within a period of 60 days, then either party may, by notice to the other demand mediation under the mediation rules of the German Institution of Arbitration in Passau, Germany. Each party gives up such party’s right to litigate such party’s disputes and may not proceed to arbitration without first trying mediation, but you and Disclose.tv are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Whether the dispute is heard in arbitration or in court, you and Disclose.tv will not commence against the other a class action, class arbitration, or other representative action or proceeding.

If a settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the rules of the German Institution of Arbitration before a single arbitrator in Passau, Germany. The language of all proceedings and filings will be German. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding on the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitrator determines that the expenses will be otherwise assessed and the prevailing party may be awarded its attorneys’ fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within 90 days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.

General

Third-Party Infrastructure

Notwithstanding any terms to the contrary in these Terms, you acknowledge and agree that Disclose.tv uses a third-party hosting infrastructure in connection with the Service (“Third-Party Infrastructure”), the provider(s) of the Third-Party Infrastructure disclaim and make no representation or warranty with respect to such Third-Party Infrastructure and Disclose.tv assumes no liability for any claim that may arise with respect to such Third-Party Infrastructure.

Electronic Communications

By using the Service, you agree that we may communicate with you electronically regarding your use of the Service and that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at support [at] disclose.tv

Severability

If any provision of these Terms is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of these Terms will nonetheless remain in full force and effect so long as the economic and legal substance of the transactions contemplated by these Terms is not affected in any manner adverse to any party. Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties will negotiate in good faith to modify these Terms so as to affect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.

Force Majeure

Disclose.tv is not responsible for any failure to perform or delay attributable in whole or in part to any cause beyond its reasonable control including, but not limited to, acts of God (fire, storm, floods, earthquakes, etc.), acts of terrorism, civil disturbances, disruption of telecommunications, disruption of power or other essential services, interruption or termination of services provided by any service providers used by Disclose.tv, labor disturbances, vandalism, cable cut, computer viruses or other similar occurrences, or any malicious or unlawful acts of any third party.

Questions

If you have any questions regarding the use of the Service, please email Disclose.tv at support [at] disclose.tv or contact us by clicking on the red “help” button in the lower-right corner of this page.

Legal Notice

Disclose.tv is a property of Futurebytes GmbH & Co. KG - Innstrasse 71 - D-94036 Passau - Germany. Futurebytes is a limited partnership with a limited liability company as general partner (GmbH & Co.KG).

Managing Director: UM. Braun

Domicile and Registered Office: AG Passau HRA 12152, Germany

General Partner: Futurebytes administrative limited liability company (GmbH)

Registered Office of the General Partner: AG Passau HRB 7639

German Tax ID: DE266081261

Responsible for content according to German law §10 Absatz 3 MDStV: UM. Braun (address same as above).

Last updated: May 2018