TERMS AND CONDITIONS OF USE

1

INTRODUCTION

1.1 In these terms and conditions, the terms "we", "us" and "our" are a reference to dBs Berlin GmbH trading as dBs Film Berlin, the owner and operator of this website.

1.2 These terms and conditions apply to the use of this website. In using this website, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you should refrain from using the website.

1.3 We may modify these terms and conditions from time to time and notice of revisions to these terms and conditions will be posted here. Continued use of the Service by you will constitute your acceptance of any changes or revisions to the terms and conditions.

1.4 Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

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USE AND COPYRIGHT

2.1 Copyright in this website, which includes text, images, videos, animation and audio files is owned by us or our licensors (Content). You may retrieve and display content from this website on a computer screen, print individual pages on paper and store such pages in electronic form on disk for your own non-commercial, personal use. Other than for such purposes you may not, without our written permission, in any form or by any means:

  • (a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
  • (b) commercialise any information, products or services obtained from any part of this website;

2.2 We reserve all rights not expressly granted in and to the website and Content.

2.3 You are responsible for your use of the website. and agree not to:   

  • (a) use any obscene, indecent or offensive language;   
  • (b) place on the website any material that is false, misleading, defamatory, abusive, harassing or hateful;
  • (c) place on the website any material that is encrypted, constitutes junk mail or unauthorised advertising, invades a person's privacy, encourages conduct that would constitute a criminal offence or give rise to civil liability, or that otherwise violates any local, state, national or international law or regulation;
  • (d) use the website for unlawful purposes and you acknowledge that such unlawful use may result in civil and criminal liability.

2.4 We do not warrant that we review all media content which includes text, images, videos, animation and audio files before it appears on the website. We operate a 'notice and take-down' policy which means if we notice or are made aware of any content that contravenes these terms and conditions, we reserve the right to remove the specified content. Any such complaint should be directed in writing to dBs Berlin GmbH.

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dBs Film GRADUATE SUBMISSIONS

3.1 We permit the submission of videos or other communications submitted by dBs Film Berlin graduates (Graduate Submissions) and the hosting, sharing, and/or publishing of such Graduate Submissions. Graduate Submissions are made at your own risk and we do not guarantee confidentiality of any such material, even if unpublished on this website. You are solely responsible for your own Graduate Submissions and the consequences of posting or publishing them to this site. In connection with Graduate Submissions, you represent, and/or warrant:   

  • (a) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use the Graduate Submissions to enable inclusion and use of the Graduate Submissions in the manner contemplated by the website and these terms and conditions; and
  • (b) you have the written consent, release, and/or permission of each and every identifiable individual person in the Graduate Submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Graduate Submissions in the manner contemplated by the website and these terms and conditions.

3.2 You retain all of your ownership rights in your Graduate Submissions. However, by submitting the Graduate Submissions to us, you grant to us a worldwide, non-exclusive, royalty-free, license (able to be sublicensed and transferred by us) to use, reproduce, distribute, display, and perform the Graduate Submissions only in connection with the website and our business. This usage is for ‘non commercial’ marketing purposes only and no monies can be exchanged with regard to these submissions. You also hereby grant each user of the website a non-exclusive license to access your Graduate Submissions through the website, and to use, reproduce, distribute, prepare derivative works of, display and perform such Graduate Submissions as permitted through the functionality of the website and under these terms and conditions.

3.3 We do not warrant that we review every Graduate Submission before it appears on the website. We operate a 'notice and take-down' policy which means if we notice or are made aware of a Graduate Submission that contravenes these terms and conditions, we reserve the right to remove the Graduate Submission. Any such complaint should be directed in writing to dBs Berlin GmbH..

3.4 We encourage you to contact us if you feel a Graduate Submission violates the below detailed rules.

3.5 In connection with Graduate Submissions, you agree that you will not:

  • (a) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein;
  • (b) publish misleading or inaccurate material or misrepresentations that could damage us or any third party;
  • (c) submit material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate;
  • (d) post advertisements or solicitations of business;
  • (e) impersonate another person.
  • (f) We does not endorse any opinion, recommendation, or advice expressed in a Graduate Submission, and we expressly disclaim to the extent allowable in law to any and all liability in connection with Graduate Submissions.

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DISCLAIMER

4.1 We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website or any linked website.

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EXCEPTION TO DISCLAIMER

The disclaimers set out in these terms and conditions do not attempt or purport to exclude liability in relation to any term implied by law which cannot be lawfully excluded.

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SPECIFIC WARNINGS

6.1 You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.

6.2 You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to risk of viruses or other form of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your accessing of this website or any linked website.

6.3 Whilst we have no reason to believe that any information contained on this website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this website.

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TRADEMARKS

7.1 This clause will become relevant as soon as dBs Film Berlin has received confirmation of its trade mark registration. Except where otherwise specified any word or device to which is attached the TM or ™symbol is a registered trade mark.   

  • (a) If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:
  • (b) in or as the whole or part of your own trade marks;
  • (c) in connection with activities, products or services which are not ours;
  • (d) in a manner which may be confusing, misleading or deceptive;
  • (e) in a manner that disparages us or our information, products or services (including this website).

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RESTRICTED USE

8.1 Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. Without limiting the foregoing, you may not without our written permission on-sell or otherwise commercialise information obtained from this website.

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LINKED SITES

9.1 This website may contain links to linked websites. Those links are provided for convenience only and may not remain current or be maintained.

9.2 We are not responsible for the content or privacy practices associated with linked websites.

9.3 Our links to linked websites should not be construed as any endorsement, approval, recommendation, or preference by us of the owners or operators of those linked websites, or for any information, graphics, materials, products or services referred to on those linked websites.

9.4 Unless stated otherwise on this website, we have:   

  • (a) no relationship with the owners or operators of linked websites; and
  • (b) no control over or rights in linked websites.

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YOUR PRIVACY RIGHTS

10.1 The information that you provide about yourself to us will only be used by us in accordance with our Privacy Policy. The Privacy Policy does not apply to third party sites

10.2 In accordance with our Privacy Policy, we would only use or disclose personal information that you have provided to us or which we have obtained about you if:

  • (a) you have authorised us to do so;   
  • (b) we have given you notification of the intended use or disclosure and you have not objected to that use or disclosure;
  • (c) we believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or any agency responsible for national security in the performance of their functions; or
  • (d) we are authorised, required or permitted by law to disclose the information.

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HOW WE HANDLE EMAILS

11.1 We will preserve the content of any email you send us if we believe we have the legal requirement to do so. Your email message content may be monitored by us for troubleshooting or maintenance purposes or if any form of email abuse is suspected.

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SECURITY OF INFORMATION

12.1 Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

13

GOVERNING LAW

13.1 This Agreement is subject to the laws of Germany and you agree to submit to the exclusive jurisdiction of its Courts. For our exclusive benefit, we shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence.

GENERAL TERMS AND CONDITIONS OF SALE

These general terms and conditions of sale ("General Terms and Conditions of Sale") apply to any order you place through the dBs Film website at www.dbsFilm.net (the "Website"). You must read these General Terms and Conditions of Sale carefully. By placing an order through the Website, you confirm that you have read, understood and agree to these General Terms and Conditions of Sale in their entirety. If you do not agree to these General Terms and Conditions of Sale in their entirety, you must not order any product or service through the Website.

Website Terms and Conditions

Whenever you use this Website to order a dBs Film Course, our Website Terms and Conditions will apply to your use of the Website in addition to these General Terms and Conditions of Sale. By ordering a dBs Film course through the Website, you shall be deemed also to have read, understood and agreed to our Website Terms and Conditions.

Course Descriptions

We have taken reasonable precautions to try to ensure that prices quoted on the Website are correct and that all courses have been fairly described. However, when ordering courses through the Website, please note that:

  • orders will only be accepted if there are no material errors in the description of the courses or their prices as advertised on this Website;

  • all prices are displayed in Euros and are free of VAT where applicable unless expressly indicated otherwise. VAT is not charged on this type of educational course in Germany

  • whilst we endeavour to keep all descriptions of our courses up to date and relevant we cannot guarantee that there will not be changes to the delivered courses  as part of an ongoing improvement and upgrading process

  • all courses are subject to availability. We will inform you as soon as possible if the course you have ordered is  not available and we may offer alternative courses of equal or higher quality and value

  • where circumstances dictate, dBs Film reserves the right to alter published programmes, trainers, fees or venues without prior notice. In the event of a course being cancelled, participants will be notified immediately and a refund of the course fee will be made. No compensation will be paid for any additional costs incurred

Acceptance of your order

Please note that completion of the online checkout process does not constitute our acceptance of your order. Our acceptance of your order will take place only on commencement of the course that you ordered from us.

On receipt of your deposit payment you will be offered a place on one of our courses. You will not be allowed to start the course until either you have made a final payment or signed up for subscription payment agreement.

If you supplied us with your email address when entering your payment details (or if you have a registered account with us), we will notify you by email as soon as possible to confirm that we have received your order.

All courses that you order through the Website will remain the property of dBs Film Berlin until we have received payment in full from you for those courses. In the case of a subscription payment agreement the services will remain the property of dBs Film Berlin until we have received payment in full from you for those services i.e. completed all subscription payments.

Failure to make subscription payments on the agreed dates may result in the services being provided by dBs Film Berlin being withdrawn either temporarily until subscription is resumed or permanently, depending on the nature of the reason for subscription being withheld.

During the checkout process, you will be asked to complete your payment details. All fields indicated as compulsory must be completed. Please note that we will collect and store your information, using an encrypted secure payment mechanism and will only use your information in accordance with our Privacy Policy.

All card payments are subject to authorisation by your card issuer and we take payment when we accept your order.

If we cannot supply you with the course you ordered, we will not process your order, inform you of this in writing (including e-mail) and, if you have already paid for the course, refund you in full as soon as reasonably possible.

Cancellation Rights

Once you have registered for a course you can make a cancellation and ask for a refund only in the following circumstances:-

  • if we receive a written request before the first lesson has taken place, you can receive a refund minus your deposit of or you can keep a credit for the full amount

  • if we receive a written request from you to withdraw from the course prior to November 30th in any given year, you will receive a 50% refund of your course fee minus the deposit charged. If this request is received following November 30th in any given year you will not be entitled to receive any refund of your course fee or your deposit unless we receive written notification supported by a doctor's note that you are unfit to continue to attend the rest of the course. In this case you will then receive a refund equal to the value of the remainder of the course minus the deposit or you can keep a credit equal to the value of the remainder of the course

  • If you fail to attend the course on which you are booked and have not given prior notice to dBs Film then the course fee will remain payable in full and no refund will be allowed

Your refund rights referred to above will apply whether you are paying the full fee or paying by subscription.

Refunds can only be paid by bank transfer; please attach bank account details to your written request.

We regret that we are not able to offer credits for cancellations due to changes in work or study schedule or trips abroad.

If you are an EU consumer, you have the legal right, under the Consumer Protection (Distance Selling) Regulations 2000 to cancel your order within seven working days of the date on which we begin provision of the services. Refunds for orders cancelled under the provisions of the Consumer Protection (Distance Selling) Regulations will be processed in accordance with your legal rights. For further information about your statutory rights, contact your local authority Trading Standards department or consumer advice centre.

As an attendee on our course you will need to comply with our Student Code of Conduct. If following an investigation, the management of dBs Berlin decide that you have not complied with our Student Code of Conduct we reserve the right to remove you from the course. You will be repaid any monies you have paid for planned course attendance following the date of your removal from the course minus a 25% administration fee.

If you wish to cancel (or are considering cancelling) a course you have ordered from us, please be aware of the following terms that apply:

This is not intended to be a full statement of all your rights under the Distance Selling Regulations. Full details of your rights under the Distance Selling Regulations are available in Germany from your Local Authority’s Trading Standards Office.

Alterations to the Course Programme

We reserve the right to make alterations to the delivery pattern of the course programme.

Should there be an insufficient number of students by the start of a course (the minimum is 8 students per class), dBs Film reserves the right to cancel the course. In this case the full course fee will be refunded.

Liability

There are certain liabilities which we cannot exclude by law and nothing in these General Terms and Conditions limits our liability for personal injury or death caused by our negligence or for fraud.

You have certain rights as a consumer, including legal rights relating to faulty or misdescribed goods. For further information about your legal rights in Germany, contact your local authority Trading Standards Department. Nothing in these General Terms and Conditions will affect these legal rights and, in particular, we will perform our obligations under these General Terms and Conditions with reasonable care and skill.

Any courses we supply to you will be of satisfactory quality. If we deliver a product to you that is not of satisfactory quality, you can contact us to discuss taking an alternative course or, where this is not possible, for a refund.

We are only responsible for losses that are a natural, foreseeable consequence of our breach of these General Terms and Conditions. We will not be liable to you if we are prevented or delayed from complying with our obligations under these General Terms and Conditions by anything you (or anyone acting on your behalf) does or fails to do or due to events which are beyond our reasonable control.

In any event we will not be liable for any losses related to any business of yours including (without limitation) lost data, lost profits, lost revenues or business interruption.

Other important terms

We may update or amend these General Terms and Conditions of Sale from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website.

These General Terms and Conditions of Sale supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written or otherwise.

You may not assign or sub-contract any of your rights or obligations under these General Terms and Conditions of Sale to any third party unless we agree in writing.

We may assign, transfer or sub-contract any of our rights or obligations under these General Terms and Conditions of Sale to any third party at our discretion.

No relaxation or delay by us in exercising any right or remedy under these General Terms and Conditions of Sale shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.

If any of these General Terms and Conditions of Sale are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these General Terms and Conditions of Sale shall remain in full force and effect.

Only you and we shall be entitled to enforce these Terms of Sale. No third party shall be entitled to enforce any of these Terms of Sale, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

These General Terms and Conditions of Sale are governed by German law. In the event of any matter or dispute arising out of or in connection with these General Terms and Conditions of Sale, you and we shall submit to the exclusive jurisdiction of the German courts.