1. Introduction

1.1 By using the Cinéma Human (hereafter CH) web page (www.cinemahumain.com), any part of the web page (including CH’s Facebook group, the CH Magazine/blog, CH’s twitter feed and YouTube Channel) or the CH newsletter (jointly known as the “web page“), you bind yourself to the terms and conditions contained herein. These terms and conditions become operational from the moment you access the web page for the first time and form a perpetual agreement between yourself and Cinéma Humain. If you do not wish to be bound by all of the following terms, please do not access, use and/or contribute to the web page.

1.2 CH is an independent company registered in Austria and is thereby a full member of the Wirtschaftskammer Österreich.

1.3 CH is dedicated to providing original material as well as the open and unlimited exchange of ideas and opinions. The opinions of the contributors to this home page are therefore their own and do not necessarily reflect the opinion of the editorial staff or management of CH.

1.4 The services and information provided by this web page are free of charge unless otherwise indicated. Although CH endeavours to ensure the quality and accuracy of the the services and information, you should not assume that the information is necessarily correct and without errors, or that it is suitable for the purposes for which you intend to use it.

2. Limited Liability and Indemnity

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2.1 You access and use this web page at your own risk.

2.2 It is your own responsibility to maintain the hardware, software and telecommunications lines that you may need to access the web page.

2.3 CH makes no guarantees or representations (tacit or implied) with regard to the web page or the contents thereof. Without waiving the general nature of the aforesaid, CH does not guarantee the truthfulness or correctness of any of the information appearing on the web page and it is your responsibility to determine the truthfulness and correctness thereof.

2.4 CH is not liable for any loss, expense or damages of whatsoever nature that you may incur as a result of your access to or use of the web page, including, but not limited to, any loss, expenses, or damages arising from the following:

2.4.1 incorrect information contained on the webpage;
2.4.2 unlawful access or amendment of the webpage by a third party;
2.4.3 the unavailability of the web page;
2.4.4 the destruction of your data or computer equipment, or the data or computer equipment of a third party, that you have used to gain access to the web page.

2.5 You indemnify CH against any demand, claim or legal action that may be instituted against CH, directly or indirectly resulting from your use of or access to this web page.

2.6 CH reserves the right to modify, upgrade, suspend or discontinue the webpage at any time and at its own discretion.

2.7 You are responsible for any content that you send to CH, upload onto the web page or send to third parties via CH. CH is not responsible for the loss of any content that you upload to or send via the web page and it is your own responsibility to make a reserve copy thereof.

2.8 The opinions on the CH magazine articles and/or blogs are those of the individual author and/or blogger. CH serves only as a passive channel for the distribution of material contributed to and placed on the web page by users. CH does not necessarily endorse any content displayed on the CH magazine and/or blogs. The information on CH articles and blogs is provided without any guarantees.

2.9 Without detracting from the general nature of the foregoing, when you place any publication or other contribution on CH blogs, you agree to the possible prejudice you may suffer as a result of the defamatory statements of other users published on CH. Without waiving the aforesaid, you forthwith indemnify CH from any defamation claim that you may institute against another CH user, or that may be instituted by such other users against yourself.

3. Privacy

3.1 You agree that CH may collect the personal information that you present to us through your use of the web page. CH only uses such personal information for internal purposes in order to improve the functionality of the webpage.

3.2 CH will not share your personal information with third parties without your prior permission, unless CH is required to do so by law or it is necessary to do so in order to operate the webpage or if it is in the public interest to disclose such information.

3.3 You agree that CH may disclose your personal information to our service providers in order to operate the web page.

4. Copyright

4.1 All copyright and other intellectual property rights, including the layout, design, characteristics, graphics and multimedia works displayed on the web page belong to CH unless such rights have been expressly reserved by the author before it was published on the webpage.
4.2 You may view, print and keep one copy of such works on your hard drive provided:
4.2.1 it is for your own personal use and will not be used for any commercial purpose;
4.2.2 you display a reproduction of our copyright on all copies;
4.2.3 you do not change the work to CH’s disadvantage.
4.2.4 Teachers may however use learning material if they have contacted and agreed with CH about the use of the relevant material.
4.3 Without waiving the provisions contained in paragraph 4.1 above, CH confirms that the copyright in contributions, articles and other literary works created and forwarded to CH by you, is your property. When you place any article, contribution or creative work on the web page, you give CH a transferable, perpetual, worldwide and royalty-free licence to use the works for placement on CH. Should the intellectual property placed by you on CH belong to a third party, you undertake to obtain any necessary permission for use and to inform CH thereof and you indemnify CH from any claim that the owner of such intellectual property may institute against CH.
4.4 The trademarks and characteristics on CH are the registered, and where applicable the non-registered, trademarks of CH. Nothing on CH may be interpreted so as to mean that you have acquired a licence or a right to use any trademark without CH’s permission.
4.5 You may not use CH’s intellectual property or that of a third party for any purpose without obtaining our prior permission to do so.
4.6 All requests to use our intellectual property may be directed to [email protected]

5. Links

5.1 No one may create a link, including hyperlinks, frames, markers or similar references to any part of the web page without obtaining our prior written permission. CH may at any time amend or withdraw such permission.

5.2 All applications for such links can be directed to [email protected]

6. Links to Third Parties

6.1 The web page contains links to other web pages with information and other material created by third parties. Although CH carefully chooses the links, we cannot accept any liability for the content of such web pages. A link on the web page to another web page does not mean that the content of those web pages has been examined and it does also not mean that we have approved the content.

7. General

7.1 CH may amend these terms and conditions at any time. By viewing the web page, you bind yourself to the current version of the terms of use. It is your responsibility to familiarise yourself with the updated version and the terms of use.

7.2 A certificate authenticated by CH will be issued as confirmation of the date of publication as well as the wording of the current and previous versions of the terms of use.

7.3 Nothing on the web page may be interpreted as an offer but must be seen as an invitation to participate.

7.4 Should any provision of these terms of use not be fully enforceable, the remaining provisions will remain in force.

7.5 Austrian law is applicable to these terms of use as well as the relationship between the user and CH in so far as it concerns the user’s use of the web page.

7.6 In the event that you breach any of the terms of use, we may, without further notice, take legal steps against you and you consent to compensate us for legal costs on an attorney and own client scale.