User agreement for user-generated content between producers and the DORF TV GmbH (hereinafter referred to as "dorf").
This Agreement defines the conditions under which user-generated video content is distributed by Dorf TV GmbH (hereinafter: dorf).
Conditons for broadcasting on dorf
dorf is a media project based on the principles of personal responsibility (self-reliance or individual responsibility or self-rule), non-commercialism and a non-profit approach. The (contractual) basis for creating programs for dorf is the "Charter for Community TV in Austria" and the "programming principles and guidelines" of dorf, as amended. The contractual basis for creating programs and the Charter for Community TV in Austria will be published on www.dorftv.at and form an integral part of this agreement. The producer undertakes to comply with described procedures and rules in their production process. dorf reserves the right to change, amend (or add) and adapt the user agreement and the contractual basis for creating programs effective in the future. Changes will be published on www.dorftv.at.
Broadcasting on dorf
In order to enable lowñthreshold access to program creation, dorf offers all users the possiblity to send video files to dorf either via the website www.dorftv.at or a suitable FTP program. All contributions (files) received will be checked by the responsible program managers for broadcast suitability prior to broadcasting. Selection criterias for content to be broadcast are the regulatory provisons of the current media laws, the Austrian Private Televison Act, current copyright laws and other relevant program and regulatory provisons as set out by dorf, as well as minimum technical requirements ensuring sound and image quality.
Claim to publication
· To upload content and to be selected for the broadcasting and distribution of this content by dorf shall require the producers' consent to the user agreement
· Dorf is not obliged to accept content for publication. dorf reserves the right not to publish or broadcast uploaded content.
· The frequency and times of broadcasting is set by dorf according to the programming and technical abilities of dorf.
· Dorf reserves the right to cancel or stop broadcasting content at any time.
· Dorf cannot garantee error-free and uninterrupted broadcasting and publishing of content due to possible technical difficulties.
· Dorf assumes no liability for the storage of content.
· Dorf is entiteld to remove content immediately should there be any evidence of unlawful publication or infringement of third-party rights.
Free of charge
· Publication of content is free of charge in accordance with the policies of dorf's program planning
· Producers are not entited to any claims for compensation at any time
· Sponsoring or advertising through patronage is forbidden without the express consent of the of dorf's management.
The content producer shall act concerning dorf's program planning according to the principles of personal responsibility.
Each producer shall be solely responsible for their content ( videos, information, text, data, comments and other materials) as well as the possible consequences regarding their publication.
The producer declares that she/he is fully aware of all rights and authorisations (such as the data protection rights, copyrights and exploitation rights) and licenses when providing content via upload or FTP-transmissions.
The content producers declare that their content meets the principles of dorf's program planning and all applicable legal requirements.
Content producers shall be liable to dorf that the content does not breach statutory laws or infringes upon third-party rights.
If dorf shall be subject to payment of any claims whatsoever, the producer shall indemnify and hold dorf harmless therefrom.
The producer hereby declares especially:
That all contributions are free from racist, sexist, fascist, nationalist or misogynist content, or such which violate human dignity.
That the content is free from promotional material for political parties, political campaigns or religious groups.
That the content meets all guidelines of non-commercialism and is free of advertising for commercial products and services.
Any coverage and factual content has to be thouroughly researched, checked and executed with editorial accurateness.
The content shall not infringe upon the privacy of any persons.
Personal Privacy Rights
Persons covered in the content shall give their consent for publication for any number of broadcasts within dorf's program schedule, for online distribution (streaming, downloading and comparable online services) and for archiving the content.
Express authorisation for shooting shall be required for all recordings at "private property locations". This applies to interiors, living quarters, public offices, train stations, train journeys, cemetries and public swimming pools etc.
Producers shall present a respective broadcast permission, a shooting permission or consent of persons in the recordings, if so requested by dorf.
Copyrights and third-party exploitation rights
The producers declare that there is no infringement on third-party rights.
The content especially shall not contain any material filmed off cinemas, websites or other TV stations.
The producer shall be liable that for third-party material that may affect third-party rights and might be contained in the video all rights necessary for exploitation of the content by dorf have been settled with the parties involved.
The producer undertakes to submit all relevant agreements and consents of third persons, if so requested by dorf.
The producer undertakes to inform dorf without delay of any circumstance that would make public distribution of the content impossible for dorf.
Exploitation rights and types of usage
The producer agrees that the content may be exploited by dorf as follows:
Broadcasting via the dorf TV station ( terrestrial, via cable, via satelite and via live streaming in the internet (simulcast)
On demand streaming (time-independent retrieval of the content on dorf's website) shall be subject to a special consent given by the producer.
On demand downloading (time-independent download of content via dorf's website and via dorf's podcasting channels) shall be subject to the producer's separate consent.
In addition to the broadcasting rights as set out above, the producer grants dorf the following rights for the exploitation of the content:
The right to reproduce content on sound/picture storage media for the purpose of TV broadcasting.
The right to broadcast any number of short passages of the content for previews on dorf.
The right to store and archive content.
The right to use imagery of scenes in the content for public relation purposes and internet publications.
The right to publish short passages of the content for presentations and publications of dorf's TV station.
The right to offer for broadcasting and also to make available the content to third parties, non-commercial TV stations, free of charge.
All these exploitation rights apply without any time limit for any number of broadcasts and inquiries.
The producer of the content shall be liable that no third-party rights are violated by the transfer of these exploitation rights to third parties and undertakes to provide dorf upon request with the agreements concluded with the respective authors.
Restrictions on online exploitation
The content producer shall expressly have the right to refuse publication of their content via the internet as "video on demand".
Linz, August 30th, 2010