TERMS OF SERVICE, updated 2020/06/01
Liability for content
This platform is not compelled to self-identify, since it does not pursue any commercial interests. This is a private, non-commercial platform. If, any content creators should pursue commercial interests on this platform, the section "Liability for links" will then apply. The structure of this platform was coded with the highest care in mind. However, we cannot guarantee that no errors will arise and that the content is correct at all time, complete and up-to-date. As a service providers, we are responsible for our own content on this platform in accordance with general laws in accordance with Section 7 (1) TMG. According to §§ 8 to 10 TMG, however, we are as service providers not obliged to monitor transmitted or collected third-party communications or to investigate circumstances that prove illegal activity. Obligations to remove or block the use of messages according to general laws remain unaffected. Liability in this regard, however, is only possible from the moment we become aware of a specific legal violation. If you become aware of any legal violations, you will be promptly removed from this content. If the content or presentation of these pages violate third-party rights or statutory provisions, please send us an email. We shall immediately remove any contested content, without the claiming party having to involve legal counsel. Nevertheless, We will absolutely and completely reject expenses incurred by you without prior contact and, if necessary, file a counterclaim for violation of the aforementioned provisions.
A. Scope, authorization to make changes
The scope of services for the respective service results from the associated service description at the time the service is provided, through the announcement video and the subsequent Doner video channel reports. The availability of free-us.tv is at least 99% annual average. This does not apply to times during which the servers cannot be reached due to events that cannot be influenced. For example, due to force majeure, acts of third parties, political quarrels, censorship measures, hacker attacks, technical problems outside the sphere of influence of free-us.tv, restricted, loss of functionality or even breakdown of the internet etc. Unless otherwise expressly agreed, the user has no right to be assigned the same URL or domain for his service for the entire term of the contract. We reserve the right to make any technical, legal or censorship-related changes. The free-us.tv servers are connected to the Internet via an appropriate system architecture and, for protection against censorship, via anonymization techniques. There is no direct connection of a single server to the Internet. This enables domain and IP changes within milliseconds. For technical reasons, the data traffic capacity for groups of servers is therefore limited at certain points. This can lead to increased data traffic from or to individual servers, which is why these servers and other technically connected to them do not have the maximum possible data throughput rate available at the port of the individual server. In such cases, the data throughput rate is technically distributed to the connected servers. With increased data traffic, the data traffic capacities are distributed to the technically connected pages. Which can mean that videos cannot be played smoothly or that the immediate transmission cannot be played smoothly. In bad cases, there may also be problems with the network itself, longer waiting times, malfunctions and session aborts. If maintenance or optimization work is carried out by free-us.tv, free-us.tv can temporarily set or limit the service made available to the user for this purpose. This work is generally carried out in times of low use and, if possible, announced beforehand. The service that has been guaranteed to a user can be changed in individual points or entirely by free-us.tv if this is reasonable for the user, taking into account the interests of free-us.tv, or if free-us.tv is left with no other legal possible choice. In any case, a change in the service is possible if free-us.tv announces this within a reasonable notice period and notifies the user in this announcement that the change will be effective for him if he does not object within the period. At the same time, it is possible that free-us.tv rejects an objection despite sufficient reasons.
C. User Duties
The user guarantees that all data that the user transmits to free-us.tv is complete and correct. The customer undertakes to immediately send any changes to his data to free-us.tv. This obligation applies in particular to his e-mail address, for his channel, if this was specified for the activation, even if this channel is blocked, the user must immediately inform him. free-us.tv is entitled to send all information and declarations of intent relevant to the respective contractual relationship to the e-mail address specified by the user. The customer assures to check them regularly for new messages. The user conscientiously manages his passwords and other access data, making sure to keep them to himself. The passwords should be changed regularly. If allocated, he will change them immediately. The user is obliged to compensate for any damage caused by misuse of the passwords by third parties or the use of the passwords by third parties, insofar as he is responsible for this. The user is obliged to make backup copies of all data that he transfers to the storage space available at free-us.tv. The user will back up these backup copies on data carriers that are not physically located at free-us.tv. The user cannot make any claims in the event of data loss on free-us.tv. The user undertakes to use the resources made available to him in such a way that the security, availability and system integrity of these are not impaired by free-us.tv. free-us.tv is entitled to block systems or access, if the obligations mentionned above are deliberately violated by the user or a third party. If it is necessary and reasonable, the customer cooperates with technical changes or other measures, e.g. B. by entering his access data again.
D. Platform Liability
For damages in the form of contractual and non-contractual claims, free-us.tv is only liable if free-us.tv or one of its vicarious agents has violated an essential contractual obligation (cardinal obligation) in a manner that endangers the purpose of the contract, the damage on purpose or gross negligence is due. Liability according to the Product Liability Act does not exist if the offers are free of charge. Liability due to a lack of guaranteed properties also does not apply if the offers are free of charge. Except in the case of intent or gross negligence on the part of free-us.tv, legal representatives, executives or vicarious agents, claims for compensation expire after one year from becoming aware of the event causing the damage. This does not apply in the event of a breach of essential contractual obligations. If free-us.tv assumes explicit guarantees, there is no claim for damages for damage to life, limb or health, or in the event of mandatory or new statutory regulations.
E. Data protection
Free-us.tv collects and processes data. This takes place within the framework of the legal data protection laws and regulations. Please also note the free-us.tv data protection. free-us.tv points out to the user that absolutely secure data protection in an open network like the world network cannot be guaranteed according to the current state of the art.
F. Terms of payment and sabotage
All services from free-us.tv are offered free of charge. No fees are charged and users are prohibited from voluntarily making payments, donations or donations. free-us.tv expressly declares that in the event of imposed payments, an attempt at sabotage will be assumed, which would affect the reputation of free-us.tv, destroy the legal status of free-us.tv or involve an attempt to bribe. In such cases, free-us.tv will take appropriate countermeasures. In particular, the publication of the data necessary for the investigation in the context of public investigation without regard to the data protection rights of the persons or organizations concerned. Sabotage attempts e.g. B. by uploading criminally relevant, classified as extremist or other content suitable for this purpose, entitle free-us.tv to countermeasures according to §6.1 of this agreement. In cases of §6.1, §6.2 $ 6.4 and $ 6.5 of this agreement, free-us.tv is entitled to use all data previously transmitted to free-us.tv for the purpose of clarification, for the purpose of future prevention and for retaliation measures. Acts of sabotage are also intended to affect the accessibility, function, user experience, anonymization or any other intended feature on one or more systems belonging to free-us.tv, to change or in for free-us. to use tv in a negative way if the intention is to sabotage. The assessment of the facts, the intention of a user or an outsider is carried out exclusively by free-us.tv. Users have no right to object. free-us.tv can ask a user or an outsider to comment. Especially when a deadline or other rights are granted for this statement. Free-us.tv is therefore obliged to comply with these.
G. Licenses and Copyright
H. Formation and termination of the contract
The contract comes into being through the first act of fulfillment by free-us.tv at the request of the user. This is usually the registration on free-us.tv or the transmission of access data for another page from the network of free-us.tv. The contract exists for one year and is automatically extended by the last contract term, but at most by one year if it is not canceled by the user. Terminations must be in text form. To terminate a contract, the user must do this in writing, e.g. send to free-us.tv by e-letter. For security reasons, such termination only takes effect after 48 hours at the earliest. The user can decide whether he wants his account to be permanently shut down so that videos or data are still publicly accessible. The user can also request that all of his data be deleted. In the event of decommissioning, the right to decide on the duration of this until the data is deleted at the respective locations is transferred to free-us.tv. In the event that an account is deleted, all user data will be physically removed permanently within one month of the termination becoming effective. After completion of a termination, all data provided by the user will no longer be publicly accessible within 24 hours. A shutdown or termination cannot be restored after the process. Data that cannot be removed for technical reasons, e.g. B. Ratings or views are anonymized so that no assignment is possible. free-us.tv reserves the right to ask the user to confirm his identity again in the event of justified doubts about the identity of the terminator. For example, in the form of proof of violence over a channel or similar on other platforms. This does not affect the time of receipt of the declaration.
I. Place of jurisdiction and law
The exclusive place of jurisdiction for all legal disputes resulting from this contract is the United States Supreme Court.
Section 2: Account Creation and Copyright
A. Account creation
The contractual relationship that arises when the account is created (registration) is concluded directly between the user and free-us.tv. The user is fully responsible for ensuring that the account creation requested by him does not violate any third party rights. The selected video channel name may not already be used publicly by another legal or natural person. In the event of a dispute, the earliest evidence counts. The accounts are created in an automated process, by means of which the data is passed on to the respective computer systems. The computers operate on the principle of priority, i. H. the first incoming registration is awarded the contract. A guarantee for the allocation of an account cannot be taken over by free-us.tv. If a user or an outsider requests the blocking or deletion of an account due to the violation of his rights, he only has the right to do so if he can prove that he can control the actual violence via the corresponding channel or the like before the account creation us.tv paused. In other cases of violation of the law, free-us.tv is not qualified to decide on possible legal violations. The applicant has no right to terminate or otherwise influence a contractual relationship between free-us.tv and a user. This does not mean that the user does not have the right to know that their rights have been preserved. If an applicant can prove that it is its content and that it was owned by it before publication on free-us.tv, free-us.tv will immediately remedy the violation. At the latest 48 hours after becoming known. Provided that the material in question is not legal use within the framework of the right to quote or any other approved use. The creation and operation of several accounts / video channels is permitted as long as a reference is made in each account or video channel (e.g. managed by: ... or second account by: ...) free-us.tv deletion of multiple accounts. If free-us.tv considers it useful or expedient. A user can never claim multiple contractual relationships. Even if he uses multiple accounts, it is legally only one user.
B. Obligations of the user
C. Response of free-us.tv in the event of legal violations and threats
If a third party believes that the content of a video channel or an account in itself violates their rights or if, based on objective evidence, it appears probable that the video channel, accounts or content violates legal provisions, free-us.tv can block the corresponding, even if the dispute with the third party about the violation. If the possible infringement is committed by a video channel, free-us.tv can take measures that make the video channel unreachable. In cases where the violation of the law by a video channel appears to be certain due to objective evidence, free-us.tv can terminate the contractual relationship without notice. In the case of extremist, pornographic or commercially erotic content, free-us.tv can issue a termination without notice instead of simply blocking it. If the user sends spam mails, free-us.tv can temporarily or permanently block these functions and terminate the user without notice. Free-us.tv can, on the basis of objective criteria, reject the e-letters addressed to its users if facts justify the assumption that an e-letter contains malicious software (viruses, worms or Trojans etc.) that contains incorrect or obscured video channel information or unsolicited / veiled commercial communication. Free-us.tv is entitled to compensation if a service has been blocked or terminated for the above reasons.
Section 3: Special Rules.
A. Administration and use
In the case of video channels, the user alone has administrator rights. free-us.tv will not manage these accounts. Interventions are only carried out in an emergency. The user is therefore solely responsible for the security and condition of his video channel. It is up to him to moderate the comments, any violations of the law, advertising or other material that is suitable to damage free-us.tv or to harm a user (e.g. insults and attempts to defraud) to regularly check the state of his To inform comment columns including his videos and to fix known problems. The installation of maintenance programs or other programs that free-us.tv makes available or recommends does not release the user from this obligation. Every user is obliged to set up and manage their cloud account in such a way that the security, integrity, availability of the networks of other servers, software and data from third parties is not endangered. Hosting malicious software is prohibited. The release of data that violate criminal or copyrights is also prohibited. The cloud storage and its shares may not be used commercially. A cloud account may only be used by the user. Passing on and lending the account is prohibited. To allow another person to upload data, the corresponding folder sharing must be used. Violations lead to the immediate withdrawal of the account and thus the destruction of all stored data. All data is stored in paranoid encrypted form in the cloud accounts. free-us.tv itself cannot access this data and cannot restore it if the keys are lost. In the event of termination, provided that this is not necessary to avert danger, free-us.tv will grant the user a period of 30 days to download his data there. After this period, all data will be destroyed. free-us.tv assumes no liability for the cloud storage, unless the loss of data is due to free-us.tv and not due to own fault or negligent behavior on the part of free-us.tv. Force majeure, political and legal arbitrariness apply here in particular. All data in the cloud storage is backed up redundantly (RAID), so that this storage offers a very high level of security. The user is aware that this is an offer from the political opposition in Germany and therefore there is no absolute certainty. Certainly not legal security! If it is important data, it is advisable to save it again at another location.
B. Response of free-us.tv to threats
If a user jeopardizes security, integrity, availability of networks, servers, software, data - especially in the event of a violation of Section 1 - via his video channel or his account - or if free-us.tv suspects this due to objective indications, free-us. tv temporarily or permanently block the video channel and the account. It is made clear that this regulation also applies to so-called denial of service attacks (hereinafter DoS attacks) that the user carries out against free-us.tv or another target. Likewise, participation in such attacks. If the user acts intentionally, free-us.tv will terminate the contractual relationship without notice and, if possible, assert claims for damages. If a user jeopardizes security, integrity, availability of networks, servers, software, data (without the user being responsible for this) or if free-us.tv has such suspicions based on objective evidence, then free-us.tv becomes temporary lock. It is clarified that this regulation also applies to DoS attacks for which the user is used by third parties.
C. Transfer of use to third parties
The user may not allow third parties' accounts or video channels to be used in whole or in part. free-us.tv can agree to a usage license.
The user compensates free-us.tv for all damages that result from a violation of the above regulations, insofar as he is responsible for this. The compensation also covers the reasonable costs of a necessary legal defense. free-us.tv informs the user immediately or within one year if free-us.tv itself or third parties assert corresponding claims and gives the user the opportunity to comment.
E. Dealing with authorities
Free-us.tv is small and weak, therefore free-us.tv will bow to the violence and in the event of court orders or hostage-taking of relatives etc., will inevitably disclose data to investigative authorities if it is not possible to prevent this. To protect users, free-us.tv only collects as little data as possible (details in the data protection declaration).
Liability for links
This offer contains links to external third-party platforms, the content of which I have no influence on. Therefore, no liability can be assumed for this external content. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time of linking. Illegal content was currently the link is not recognizable. However, constant monitoring of the content of the linked pages is not reasonable without sufficient evidence of a legal violation. As soon as I become aware of legal violations, I will remove such links immediately.