The Albany Gazette - TERMS OF USE / T&C

TERMS AND CONDITIONS OF USE OF THE "THE ALBANY GAZETTE"
Last updated: 1st December 2024

These General Terms and Conditions (hereinafter referred to as "Terms of Use") govern the use of the digital services of the "THE ALBANY GAZETTE" (hereinafter also referred to as "TAG"), including all TAG websites and mobile applications, which are represented by the department of the Media Division of LEGIER Beteiligungsgesellschaft mbH, Kurfürstendamm 195, 10707 Berlin (Federal Republic of Germany), Phone: +49 30 40817 4005, Mail to [email protected], Commercial Register Berlin-Charlottenburg (Federal Republic of Germany) HRB 57837, VAT. ID: DE 275405062, and, where applicable, its subsidiaries. These offers are used exclusively on the basis of these Terms of Use and the relevant statutory provisions of the Federal Republic of Germany, in particular the German Civil Code (BGB of the Federal Republic of Germany), the German Telemedia Act (TMG), the German Copyright Act (UrhG) and the General Data Protection Regulation (GDPR).

1. General rules and definitions
1.1 By using the TAG services (hereinafter collectively referred to as "Services") - including all TAG websites, mobile applications, RSS feeds, APIs, software and other downloads - you accept these Terms of Use in their current version. A contract for the use of the Services is thus concluded between you and the "THE ALBANY GAZETTE" (hereinafter also referred to as "we" or "us").

1.2 We reserve the right to amend, supplement or remove parts of these Terms of Use at any time. Amendments shall become effective upon publication. It is your responsibility to check the Terms of Use regularly. By continuing to use the services after changes have been published, you declare your agreement with these changes.

1.3 If you do not agree with these Terms of Use or future changes, you are free to stop using the Services and, if applicable, to cancel an existing subscription (if such an offer is made available in the future). Cancellation can be made by Mail to [email protected] (see section 10.1). Your continued use of the Services following notification of any changes shall be deemed to constitute your acceptance of such changes.

1.4 We may change, suspend or discontinue any or all features of the Services at any time. This includes the availability of features, databases, content or other services. We may restrict access to certain areas or the entire Service without notice or liability.

2. Content of the Services and copyrights
2.1 The content of the Services (e.g. news articles, photos, videos, audio material, illustrations, graphics, databases, software - hereinafter "Content") is for your personal, non-commercial use only. All content is protected by copyright and is owned or controlled by TAG or the respective rights holder.

2.2 The services and all content are subject to copyright under German (UrhG) and international law. You are prohibited from modifying, publishing, reproducing, distributing, publicly performing or creating derivative works from the content or software of the Services in whole or in part without the prior written consent of TAG or the respective rights holder. Exceptions to this are the cases mentioned in section 2.3.

2.3 The downloading or copying of content is only permitted for your personal, non-commercial use, provided that all copyright and other proprietary notices contained in the content are retained. Any other use is prohibited without the express written authorisation of TAG or the specified rights holder.

2.4 Some content may be provided by third parties (e.g. news agencies such as Associated Press, Reuters). These third-party providers are not liable for delays, incompleteness, inaccuracies or errors in the content or for any resulting damages.

3. User-generated content (comments, reviews, forum posts)
3.1 You may not publish or disseminate any content via the Services that is unlawful, obscene, defamatory, offensive, pornographic, discriminatory, inciting hatred or otherwise inadmissible. This also includes the violation of personal rights and the use of hate speech. An offence against this can lead to your access being blocked immediately.

3.2 The services are used exclusively for non-commercial purposes. It is not permitted to disseminate content of an advertising nature, requests for donations or offers of goods or services in the services without the prior express consent of TAG.

3.3 By posting user-generated content (e.g. comments, photos, videos, texts, ratings) on the services, you grant TAG a transferable, sub-licensable and royalty-free right to use this content, unlimited in terms of time, space and content. This includes the right to publish, reproduce, edit, distribute, make available to the public and to create adaptations and modifications in all known and as yet unknown types of use.

3.4 You are solely responsible for the content you post. TAG reserves the right to review, edit, block or delete content posted by users at its own discretion if it violates the Terms of Use or applicable law.

3.5 By publishing content, you agree to its display, storage, distribution and publication within the TAG services and their promotion.

3.6 Persons who are involved in the creation or distribution of a work that is discussed or reviewed on the TAG Services may not submit reviews or ratings of this or competing works.

4. Use of the services
4.1 You may not misuse the services. This includes, in particular, manipulation of the Services, circumvention of technical protection measures, hacking, introduction of malware or other actions that are likely to damage the Services, their infrastructure or other users.

4.2 The Services may contain links to third-party websites or adverts. We assume no responsibility for the content or availability of external websites. For legal concerns regarding external links, please contact the respective provider.

5. Representations, limitations of liability and warranty
5.1 By using the Services, you warrant that your contributions do not infringe the rights of third parties and do not violate applicable law. You indemnify TAG and its employees, representatives and partners against all third-party claims asserted on the basis of your use of the services.

5.2 The content and services are provided subject to availability. We accept no liability for the accuracy, completeness and currency of the content. Use is at your own risk. Claims for damages are excluded to the extent permitted by law.

5.3 The TAG accepts no liability for any failures, delays, loss of data or other technical faults, unless these are due to intentional or grossly negligent behaviour on the part of the TAG.

6. Registration, security and access data
6.1 Registration and the creation of access data may be required in order to use certain services. The information you provide must be complete and correct.

6.2 Each registration is personal. You are obliged to treat your access data confidentially and may not pass it on to third parties. If you suspect misuse, please inform the TAG immediately by Mail: [email protected].

6.3 The TAG reserves the right to block or cancel your access to the services if you violate these Terms of Use.

6.4 The use of the services is generally only permitted from the age of 13. A higher age may be required for certain fee-based services.

7. Fees and payments
7.1 TAG reserves the right to charge fees for individual or all services. We will inform you in good time before introducing a chargeable use. A payment obligation only arises after your express consent.

7.2 In the case of chargeable services, the applicable prices and terms of payment must be observed. The statutory regulations shall apply, in particular to revocation and withdrawal, as well as any separate cancellation guidelines.

8. Communication between TAG and users
8.1 If you agree, you will receive information on products and services from TAG or authorised third parties.

8.2 TAG is authorised to send you e-mails to inform you of changes to the services.

8.3 The TAG may use aggregated, anonymised user data for statistical purposes or make it available to third parties without disclosing your personal identity.

8.4 TAG may contact you to participate in surveys in order to improve its services. Participation is always voluntary.

9. Software licences
9.1 The software provided for access to the services is protected by copyright. You are granted a non-transferable, non-exclusive licence to use this software for personal use. Any reproduction, modification, decompilation or distribution without express written consent is prohibited.

10. cancellation of the user relationship
10.1 You can cancel your account at any time without giving reasons by sending an email to [email protected]. Upon receipt of your cancellation, your access will generally be blocked within 24 hours. In the case of fee-based offers, additional cancellation regulations apply, which will be communicated to you in the respective offer.

10.2 The TAG may terminate or restrict your access to the services for good cause, in particular in the event of breaches of these Terms of Use.

11. Other provisions
11.1 These Terms of Use shall be governed exclusively by German law. The place of jurisdiction for all disputes is, as far as legally permissible, Berlin (Federal Republic of Germany).

11.2 The provisions of these Terms of Use shall not affect the assurances contained in the TAG Privacy Policy.

11.3 All notices in connection with these Terms of Use should be sent to [email protected].

11.4 Please report any violations of these Terms of Use to [email protected]. In the event of complaints about copyright infringements or other legal complaints, please also contact: "THE ALBANY GAZETTE" (hereinafter also referred to as "TAG"), including all TAG websites and mobile applications, represented by the department of the Media Division of LEGIER Beteiligungsgesellschaft mbH, Kurfürstendamm 195, 10707 Berlin (Federal Republic of Germany), Phone: +49 30 40817 4005, Commercial Register Berlin-Charlottenburg (Federal Republic of Germany) HRB 57837, VAT. ID: DE 275405062.

Please direct all general enquiries to: [email protected].

Explanation of the laws used:

• Civil Code (BGB of the Federal Republic of Germany): Regulates the general legal relationships between private individuals and companies in Germany. The terms of use constitute a contract that is concluded on the basis of the BGB.
• Digital Services Act (DDG of the Federal Republic of Germany): Regulates the rights and obligations of service providers on the Internet, e.g. imprint obligations, data protection and liability for content.
• Copyright Act (UrhG of the Federal Republic of Germany): Protects intellectual property such as texts, images, videos. The content contained in the services is therefore protected by copyright.
• General Data Protection Regulation (GDPR): European regulation that governs the protection of personal data and the rights of users in relation to their data. TAG complies with these requirements in conjunction with the Federal Data Protection Act (BDSG of the Federal Republic of Germany).

By using the services, you accept the validity of these laws and the regulations of these terms of use based on them.

© 2024 "THE ALBANY GAZETTE" - All rights reserved.
Status: 1st December 2024