1. Scope of application, alterations to the General Terms and Conditions
1.1 The service www.global-video-pages.com offered by GVP(GVS-South Africa CC) , which you are registering for, is a service by GVP, 7895 Cape Town /Noordhoek, Shop G37 Long Beach Mall.
GVP is providing its service on the basis of these conditions of use (General Terms and Conditions). Registration for or utilization of our services represents your consent to the validity of the General Terms and Conditions. If you do not wish to be bound to these General Terms and Conditions you may not use the services offered.
1.2 GVP reserves the right to alter the General Terms and Conditions in the future. In that case GVP will advise you in advance of any changes to the General Terms and Conditions and notify you that the changes will be considered as accepted by you unless you object to the changes within four weeks or as soon as you use the service again. We can also inform you of any other changes to these General Terms and Conditions or other issues by publishing referrals or links in our service.
2. Application, conditions of participation, legal information
2.1 The right to participate only extends to users with unlimited legal capacity.
2.2 You are committed to provide true, accurate, up-to-date and complete information as required by the application form and to keep your data in the members’ account up-to-date and correct at all times. Subsequent to your registration you will be assigned a password and a name for your members’ account.
2.3 We wish to point out that legal information (e.g. confirmation of e-mails, alterations to the General Terms and Conditions) may be sent to you by e-mail. We consider these as having been received if they can be accessed under normal conditions from your mailbox in our service.
2.4 Your members’ account is not transferrable or inheritable.
3. Termination, blocking of the members’ account
3.1 You may cancel your members’ account at any time for any reason whatsoever.
GVP will then cancel the data stored for you. The user will not be entitled to claim reimbursement for any payments made.
3.2 You grant permission that GVP may, at its own discretion and for any reason whatsoever terminate your password, your members’ account (or parts thereof or certain contents) or any other utilization of our services by you, and cancel any contents. This applies in particular if you have not used GVP´s services for a fairly long time or if GVP assumes that you violated these General Terms and Conditions or did not adhere to essential principles of the General Terms and Conditions.
3.3 You grant permission that, in accordance with the terms of this agreement, your access to GVP´s services may be interrupted without previous notice and that
GVP may block or cancel your members’ account and any information and data files with immediate effect and/or restrict any further access to such data files or to the service.
3.4 Should your members’ account be cancelled you may only regain access to our service after having received express permission from us in writing. Moreover, you may not aid a different user whose members’ account was cancelled or blocked, to regain access to the service through your members’ account or by means of your members’ account.
4. General user obligations
4.1 You have to make sure that your members’ account is only used by yourself; for this reason you have to keep your password secret.
4.2 You acknowledge that the owner of a members’ account is fully liable for any use of his members’ account. If you have granted any other person access to your account, e.g. a minor without the consent of his or her parents/guardians, you acknowledge that you are fully liable for the actions of the user and the consequences of any abuse.
4.3 You commit yourself to inform us without delay of any improper use of your password or your members’ account as well as of any other violation of safety regulations and you are liable towards GVP for any misuse of your members’ account caused by you.
4.4 You commit yourself to obtain at your own expense the technical equipment required for participation (e.g. internet access, mobile radio access.)
4.5 You commit yourself to refrain from any action that may or will reduce the functioning of our service (e.g.by means of software of other scripts). This applies in particular to the use of “robot”, “spider” or “offline-reader” software that automatically creates user requests via the internet. You also commit yourself to refrain from modifying, transcribing, copying or distributing any domains of the website that we have not provided for that purpose, including domains of other users.
4.6 You may not copy, sell, hire out or use or offer for other advertising purposes our service or any part thereof or access to our service or the use of our service for you to provide a service.
5. Liability, forbidden contents and conduct
5.1 The responsibility for any information, data, texts, software, music, sounds, photos, graphics, videos, news or any other material (“contents”), that is stored, published or transmitted by you by using the service provided by GVP, lies exclusively and absolutely with the person who created such contents; e.g. for contents which you created yourself, but also for contents which you obtained from other sources and which you store, publish and/or transmit by using our services, you assume unrestricted and exclusive liability.
5.2. GVP will check the contents which you or other users store, publish and/or transmit via our services. You are aware that by using the service you may be exposed to contents that may be insulting, offensive or reprehensible in any other way, if the user responsible for the particular contents does not comply with the provisions set out in these General Terms and Conditions or the relevant laws.
5.3 Within the scope of the services offered by GVP you are not permitted
- To store, publish and/or transmit any data, texts, pictures, data files, links, software or any other contents which, in accordance with the relevant statutory provisions or in the opinion of GVP, are illegal, detrimental, threatening, abusive, aggravating, slanderous, vulgar, obscene, hate-inciting or reprehensible in any other way or may be detrimental to minors in any way, in particular contents that are pornographic, glorify violence or are dangerous for young people in any other way;
- To store, publish and/or transmit contents that violate the rights of a third party, in particular patents, brandnames, copyrights or ancillary copyrights, business secrets, personal rights or property rights;
- To store, publish and/or transmit material that contains software viruses or any other information, data or programmes which are designed or suitable to interrupt, destroy or limit the functioning of computer software, hardware or telecommunication installations;
- To store, publish and/or transmit contents that you are not entitled to convey;
- To identify yourself as a different person when using the services offered by GVP, e.g. as a representative of GVP or as any other person responsible for the offer in any other way, or to wrongfully claim to have a relation to such a person;
- To falsify headers or manipulate identification in any other way in order to conceal the origin of contents transmitted within the scope of the service;
- To store, publish and/or transmit unwanted advertising, promotional material, junk e-mails or mass e-mails (“spam”), chain letters, snowball systems or any other advertising;
- To violate any national or international statutory provisions incl. stock exchange rules (e.g. of the New York Stock Exchange, the American Stock Exchange, the NASDAQ or the Frankfurt Börse) in connection with the use of our service;
- To harrass, insult, threaten, slander, pressurize or embarrass a natural person or legal entity or to create trouble in any other way or to state or spread untruths about a natural person or a legal entity or an enterprise;
- To collect, store or transmit personal data about any other user, without the consent of the person concerned.
5.4 Although we check and inspect, as a matter of priciple, contents provided by users, we nevertheless reserve the right to reject, block, cancel or possibly publish in a different space within our service, with immediate effect and without having to state reasons, any contents that are available via our offer, in particular if we learn about contents provided by users who contravene these General Terms and Conditions.
6. Contents provided by users
6.1 GVP permits you to make use of our services in compliance with the statutory provisions and the provisions of these General Terms and Conditions in order to store, publish and transmit contents and to share these with other users. GVP does not supervise you, nor does it claim ownership of your contents nor alter these contents.
6.2 When using our service you commission us, in accordance with the provisions of these General Terms and Conditions, to store your contents and make them available to the public within the framework of our service in its particular parameters.
6.3 You are aware that in our service and thus within the context of your contents, possibly also ahead of and following your contents (in particular in the case of videos) there will be advertising marketed by us, and you give your express consent to that. You furthermore permit us to produce thumbnails of pictures and videos to improve the use of our service, in particular by means of a search function, and to use these in the services provided by GVP. You are also aware that the technical processing and transfer of our service, including the contents you provided, may necessitate transmission via different networks and/or technical alterations in order to comply with the technical demands of other linked networks or other technical installations.
6.4 You give us a guarantee that you possess all the relevant rights with regard to the contents for which you use our service to store, publish and/or transmit contents and that, as a consequence, you do not violate any rights of a third party, whatever they may be, any statutory provisions nor the rules of these General Terms and Conditions, in particular the rules set out under item 5.3. If you yourself are not the owner of the rights to material you entered, you guarantee that you have obtained all transfers of rights, licences, permissions, consents etc with legal effect. Should you violate these or one of your guarantees, you release us, in accordance with item 11, from any liability towards third parties and fully indemnify us.
6.5 GVP is entitled to store contents and to pass on contents to third parties as far as this is prescribed by law or necessary and legally admissible, after due assessment of the circumstances, in order to (a) fulfil statutory provisions or judicial or official orders, (b) enforce these General Terms and Conditions, (c) react to the assertion of an infringement of a right through a third party or (d) protect the rights, the property or the personal safety of GVP, its users or the public.
7. Notification of infringements of rights
.1 GVP respects the intellectual property of a third party and encourages its users to do so as well.
7.2 If you feel that your copyrights are violated as a result of the contents provided by a different user who uses our service to store, publish or transmit his material, we ask you to inform us thereof by providing the following information:
- a description of the work protected by copyright which in your opinion has been violated,
- a description of the location of the material which in your opinion violates the copyright;
- an electronic or handwritten signature of the person who is entitled to act on behalf of the holder of a right;
- your address, telephone number and e-mail address;
- an explanation given by you stating that, to the best of your knowledge and belief, the use objected to was not permitted by the holder of the copyrights, his agent or by statutory provisions;
- an affirmation in lieu of an oath given by you stating that the above information is truthful and that you are the holder of the copyrights or have been authorised to act on behalf of the holder of the rights.
7.3 The office responsible for matters relating to copyright at GVP, where violations of copyrights have to be reported, is GVP, 7895 Cape Town /Noordhoek, Shop G37 Long Beach Mall. Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
8. Data protection
With regard to data protection please refer to our provisions on data protection.
9. Disclaimer of liability, links
9.1 We offer our services in the form approved by us and with the reservation that we may interrupt or discontinue these services at any time. You will use our service at your own risk. This applies in particular to the downloading or any other use of material, in particular of material provided by other users, from our services. You bear sole responsibility for any damage to your computer system or any other technical equipment used, for the loss of data or for any other damage and also for damage incurred by third parties, which you have caused in this connection.
9.2 GVP does not guarantee to you or to any other person, that the service will meet with your requirements or will be available at any time without any interruption, up-to-date, safe and without fault. GVP does not give a guarantee with regard to the results that may be achieved by making use of the service or with regard to the accuracy and reliability of the information available within the scope of the service. GVP does not guarantee either that the hardware and software used for our service will always work faultlessly, and will not assume liability for damage resulting from the use or the impossibility to use the services provided by GVP, including loss or corruption of data. In particular, GVP will not assume liability for the cost of procurement of replacement or for costs incurred in connection with any goods or services obtained, any news received or any other business deals or any alteration of entries or data or in any other way. GVP will not assume liability either for the conduct of users or other third parties or for contents or declarations provided by users or other third parties within the scope of the service.
9.3 Our service may include links to other websites and services, including contents stored on our servers by persons using our offer within the scope of our services. We do not check the objectives of these links, nor do we adopt contents which are accessible on or via such services or sources provided by third parties and we exclude any liability or warranty with regard to these contents.
10. Liability and disclaimer of liability
10.1 Claims for damages against GVP are precluded irrespective of the legal ground, unless GVP, its legal representatives or the persons employed in performance of an obligation have acted willfully or by gross negligence. GVP will only be liable for slight negligence if a contractual liability essential for attaining the purpose of the contract was violated by GVP, its legal representatives or its executive personnel or the persons employed in performance of an obligation.
10.2 The above disclaimer of liability does not apply to claims for damages resulting from injury to life, body, health or the assumption of a guaranty of quality or fraudulent concealment of defects on the part of GVP.
10.3 Should GVP be liable for slight negligence in accordance with item 1, the claim for damages will be limited to the foreseeable damage that could typically be expected in connection with the contract, maximum the yearly contract costs.
10.4 Claims for damages from GVP are subject to a 12-month limitation period from the time they arose, unless they are based on a tortious or intentional act.
10.5 If GVP´s liability is excluded, this will also apply to enterprises connected to GVP as well as to a personal liability of employees, employers, staff members, representatives, partners and persons employed in the performance of an obligation.
11. Release from liability
You herewith declare that you will release and indemnify, upon the first request,
GVP, any enterprises connected to GVP as well as the employees, employers, staff members, representatives, partners and persons employed in the performance of an obligation with regard to claims of any type which are raised by third parties on the basis of or in connection with contents that you store, publish and/or transmit within the scope of the services offered by GVP or which you raise on the basis of your using our services or on the basis of violations of these General Terms and Conditions or of rights of third parties. This will include in each case adequate lawyers fees and legal costs.
12. Brandnames and other protected privileges of GVP
You acknowledge that all rights to the service provided by Alpha Video-Marketing Ltd. & Co.GVS KG and GVS-SA and its identification including any rights with regard to trademarks, patents, copyrights or licences or other rights or comparable legal positions relating to you are exclusive to GVS-SA and that you will not use these without previous express and written permission from GVS-SA or remove any references to the proprietorship GVS-SA. In particular, you will not be permitted to use the brandname GVS-SA, to copy, change or disect Software, to process it or to try to find out the source code, to sell or assign software, to grant any sub-licences in this respect, to transfer any rights to the software or to claim any rights. To clarify matters – the above does not apply to your own material which you add to our service and to such contents provided by other users. In this regard, however, you will respect the other users’ rights to these contents.
13. Applicable law, place of performance, jurisdiction
13.1 South African law shall apply.
13.2 Place of performance and sole jurisdiction is Cape Town, South Africa, as far as it is legally admissible.
13.3 There are no oral collateral agreements. Any alterations to the provisions of the contract have to be in writing. This also applies to the cancellation or alteration of this clause.
13.4 If individual contractual provisions are or become ineffective, the contract will remain effective in all other respects. In the case of such an ineffective provision the contractual partners will come to a legally effective replacement regulation that is as close as possible to the ineffective regulation. The same applies in the case of a regulation gap.
Freiburg - Germany and Noordhoek/Cape Town – South Africa
15.06.2010


