Additional services will be added to our website over time. This circumstance or legal requirements could require changes in these terms. Blink expressly reserves the right to amend or change these terms and all documents referred to herein at any time in future. Blink shall separately notify of any amendments and changes of its terms and of any other conditions for use.
2. Services for users
Blink is an online platform for video and media art. It enables registered artists and galleries to show, offer, sell or hire videos (as or of works) via Blink to customers. Customers are hereinafter referred to as "user". Blink reserves the right to add, delete, amend or restrict services and data in whole or part at any time without prior notice.
- The videos on the website are provided to the user as previews in low-quality stream versions
- The use of the website is free. The user is solely responsible for procuring all necessary hardware and software and the internet connection for using the website.
- To watch the work, hire or buy work the customer has to register to the website. The registration needs the choice of a user name and a password. The customer warrants that all given data are true, accurate, current and complete in all respects. Every change of the data is to be provided immediately to Blink. The customer is not allowed to register and create more than one profile at a time. It is prohibited to use pseudonyms. The customer is responsible for keeping the chosen account password confidential and secure. With the enabling of the registration by Blink the customer can use all services on the website.
- Blink is allowed to terminate the access at any time that a breach of a condition or term enters or occurs.
- Blink does not guarantee the correctness, completeness, current status and quality of the uploaded data and information or that the contents of such data conform to legal regulations of the country where they can be accessed or where user resides. The artist/gallery is solely responsible for the uploaded data. Customer acknowledges that it is impossible for Blink to check given data and the identity of artist/gallery in individual instances. All information, facts and opinions given by third parties on the platform do not represent the views of Blink.
3. Intellectual Property
- All video and audio files, texts, pictures and other creations and data prepared or exploited by Blink or the artists/galleries are protected by copyright. Usage without explicit approval is expressly prohibited beyond the conditions set out under our offer. Only Blink or the specific holders of the right(s) are solely entitled to any rights of use, publishing, reproduction, editing and exploitation and rights to a name and/or trademark of data. All rights are reserved. Any use of the services and contents of the online platform other than in accordance with these terms and conditions is prohibited without an explicit separate agreement.
- The user respects the intellectual property of third parties, any copyrights, trademarks and miscellaneous industrial property rights, integrity of personality and protection of privacy, especially of persons shown in data, information and contents on the website and is called to act likewise. The user is strictly forbidden to download, copy, publish or use the videos otherwise. Blink consistently endeavors to prevent any violation of legal rights on the website and to eradicate the same immediately.
Blink consistently endeavors to provide all services on the platform as accurately and completely as possible and to remedy possible defects at short notice. Nevertheless, user acknowledges the technical impossibility of a permanent error-free website or access to it. User acknowledges that Blink is not obligated to provide the same and that defects could also originate at sources beyond Blink’s control. No legal claim is given for unlimited functionality. Blink especially assumes no warranty for constant access to the platform and to separate services or for their continuous availability at all times if the irregularity is not within Blink’s control.
5. External links
Referrals to other websites ("external links") are incumbent upon the respective operators and providers of such websites. Blink checked the external link the first time connection was made to it. The check indicated that legal violations were not ascertainable on the external link. Links to external websites do not cause Blink to make the contents behind the links their own in any way whatsoever.
- Blink is not liable for any claims for damages - for any legal reason whatsoever - unless Blink or its vicarious agents act intentionally or out of gross negligence.
- In case of slight negligence of essential contractual obligations, the claim for damages is limited to typical kinds of predictable damage. Any excluded or limited liability shall likewise apply for the limited liability of Blink’s employees, representatives and vicarious agents.
- Blink is not liable for indirect damage, loss of profit, non-materialized savings and/or consequential damages caused by a defect if Blink does not cause it by intent or gross negligence.
- It is explicitly advised that Blink is not liable for any damages that emerge at user or at third parties due to technical problems or for any other reasons, for which Blink is not responsible or has no control, in conjunction with failure to present offers, services, performances or data or failure to present them in the offered form permanently or in due time.
- The aforesaid limitations of liability do not affect the liability of Blink for damages from injury to life, body or health due to negligent breach of duty by Blink or strict liability.
7. Privacy under Data protection
The user agrees that all data are electronically saved in observance of valid German data protection laws. Any data that Blink saves and stores is solely used to implement contracts made with or via Blink, and they are solely passed on to third parties contractually associated with Blink insofar as required. Said data is not transferred to third parties neither free of charge or against payment. Data transfer to third parties for a different purpose, advertising in particular, is only permitted with user’s explicit consent.
8. Closing Provisions
The Law of the Federal Republic of Germany applies for these terms and all legal relationships between Blink and the user. International private law and UN purchase law (CISG) are expressly excluded. Blink corporate domicile in Hamburg is covenanted as exclusive venue of courts and place of performance insofar as permissible. If a provision under these same terms is or becomes invalid, then this shall not affect the validity of all remaining provisions.