Terms and Conditions of Use for Lyoness TV
Lyoness Group AG, Guertelturmplatz 1, A-8020, Graz, Austria ("Lyoness Group") operates a platform on www.lyoness.tv (“Website”) where it broadcasts, inter alia, the magazine-style shows "ZOOM" and "inLife", topics related to business and leisure activities, special services for Members of the Lyoness shopping community, presentations on Lyoness Loyalty Merchants and reports from the Child & Family Foundation and the Greenfinity Foundation (“Content”).
As well as serving as a video platform and archive, the Website also provides registered Lyoness Members (“User”) with the opportunity to upload and present their own material (“Material”).
1. Use of the Website
1.1. These Terms and Conditions of Use apply to Users of the Website. The General Business Terms and Conditions for Lyoness Members (“GTCs”) also apply, as do the Loyalty Merchant Agreement and any additional agreements for Lyoness Loyalty Merchants.
1.2. The Content is deemed to include all text, software, scripts, graphics, photos, sounds, noises, music, videos, audio-visual content, interactive functions and other material that is visible through the Services, that can be accessed via the Services, or that can be added to using the Services.
Services (“Services”) refer to the active and passive usage options made available on or via the Website.
1.3 These Terms and Conditions of Use shall be deemed to be accepted by the User upon his use of the Services.
1.4 If, under the law of the User’s country of residence, it is prohibited to use the Services or if the User has not attained the age of majority, the Services should not be used.
2. Restrictions for Use
2.1 Lyoness Group will provide Users with access to the Website and Services in accordance with the following provisions. The User agrees:
a. not to distribute any part(s) of the Website or the Services, including but not limited to the Content (excluding Material created by the User himself) on any form of media, without prior written authorisation from Lyoness Group
b. not to amend or modify any part of the Website or Services (including any associated technology)
c. not to circumvent (or attempt to circumvent), switch off, or impair in any way, any of the security-based or other functions included in the Services
d. not to use any automated systems (including robots, spiders, and offline readers) that can send more requests to the Services than a human could reasonably send within a certain period of time, using a standard, unmodified, publicly available web browser.
e. not to collect or extract any personal data belonging to any other User of the Website or its Services
f. not to access Content other than by streaming technology and only to use it for personal, non-commercial purposes in a manner provided and permitted by the Services.
["Streaming" refers to a process where material is transmitted on the internet simultaneously to a device with internet access that enables the data to be used in real time but not downloaded (either permanently or for a temporary period), copied, saved or sold on]
2.2 With the exception of Material provided by the User, all Content of the Services either belongs to or has been licensed by Lyoness Group and is subject to copyright, trademark and/or other intellectual property rights belonging to Lyoness Group or to the issuer of the licence to Lyoness Group. Any trademarks for products or services shown in Content are registered trademarks belonging to the owner and cannot be downloaded, copied, duplicated, distributed, transmitted, sent, exhibited, sold, licensed or used for any other purpose without the express written approval of Lyoness Group or, where applicable, the licencing party. Lyoness Group and its licencing party reserve any rights not expressly acknowledged and any rights related to the Content.
3. Material Provided by the User
3.1. Users who have logged into the Website can share their own Material, acknowledging that it will be made available to the public. Both the User and Lyoness Group are able to delete the Users’ Material at any time in the log-in area.
3.2. Notwithstanding that the User retains all ownership rights to the Material he provides, by uploading Material onto the Website he agrees to grant the following limited licence rights:
a. to Lyoness Group, an international, non-exclusive, gratuitous, transferable licence (and the right to sub-licence) to use, copy, distribute, edit, share in public, make available to the public, exhibit in public, perform or present this Material within the contexts of providing the Services to Users and of providing other services and business offers by Lyoness Group
b. to every User, an international, non-exclusive, gratuitous licence to access the Material via the Services on the Website and to use, copy, distribute, edit, share in public, make publicly available, exhibit in public, perform or present the Material, provided that the Services and the provisions of these Terms and Conditions permit.
3.3 The User is solely responsible for his own Material and for the consequences resulting from publishing it.
3.4 In providing Material to the Website, the User warrants that he possesses the required licences, rights and approvals for the entire period of use, so that Lyoness Group may use it for the purpose of providing the Services in accordance with these Terms and Conditions
3.5 The User warrants that the Material that he uploads to the Website is not illegal in his country of residence or that its use or possession by Lyoness Group for the provision of the Services would not be illegal.
3.6 The User providing agrees not to upload Material that is factually incorrect, offensive, or likely for any reason to be considered objectionable by other Users.
3.7 The User guarantees that Material provided to the Website does not contain any copyright material belonging to third parties or any other material that encroaches upon any third party rights (including data protection rights and image protection rights) unless he possesses a valid licence or approval from the owner of the material or is otherwise entitled to upload the material in question and grant Lyoness Group the licences described in Clause 3.2.
3.8 The User providing the Material is fully responsible for keeping his access data and any other (personal) data secure and confidential. Should he lose his access data or should it be misused in any way, the User is obliged to inform Lyoness Group immediately. Lyoness Group shall not be held liable for any damages resulting from the misuse of access data.
4. Rights of Lyoness
4.1 At its own discretion, Lyoness Group may remove any Content without prior notification and without providing a reason. Lyoness Group may also block a Users' access to the Services (or a part of the Services) if the Content violates any applicable legislation, the provisions of these Terms and Conditions of Use and any associated agreements; however, it is not obliged to do so.
4.2 A User who feels that his rights have been violated by another User's Material must send a corresponding message to the following address: firstname.lastname@example.org Lyoness Group will do everything possible to follow up on all such messages.
4.3 Without prior notification, Lyoness Group reserves the right to amend, from time to time, the form and type of Services provided. At any time, at its own discretion and without advance warning, Lyoness Group can withdraw the Services or any of their functions, either temporarily or permanently.
4.4 Lyoness Group reserves the right to amend these Terms and Conditions from time to time. The most recent version of these Terms and Conditions can be found at www.lyoness.tv.
5. Limitation of Liability
5.1 Lyoness does not endorse any Users' Material or any of the opinions, recommendations or advice included therein and expressly excludes all liability related to this Material excepting in cases of intent or gross negligence and in cases of personal injury.
5.2 The Services may contain hyperlinks to other websites that do not belong to, or cannot be controlled by Lyoness Group. Lyoness Group has no control over and assumes no responsibility for the material, data protection policies or activities on other websites. Lyoness Group assumes no liability for any damage or loss that may occur as a result of the availability of external websites or resources or as a result of reliance on the integrity, correctness or existence of any advertisements, products or other materials mentioned on, or made available by such websites or resources.
5.3 The Services are made available "as is" and Lyoness Group makes no guarantees in relation to this. In particular, Lyoness Group cannot guarantee that the Services will be available at all times, when needed, in a secure manner and in a fault-free state.
5.4 Lyoness Group will not be held liable for any changes that it makes to the Services or that may result in the permanent or temporary unavailability of the Services. Furthermore, Lyoness will not be held liable for deletion, damage or storage errors related to Content and other communication data.
6. General Provisions
6.1 Should these Terms and Conditions of Use contain gender-specific terms, they refer to both men and women alike and to both natural and legal entities.
6.2 Should an individual provision in these Terms and Conditions of Use be completely or partially ineffective or invalid, this will not affect the validity of the remaining provisions.
6.3 These Terms and Conditions of Use are subject to the provisions of Austrian law. The United Nations Convention of Contracts for the International Sale of Goods does not apply to them.