TARGETVIDEO TERMS AND CONDITIONS
Last updated: May 2025
These Terms and Conditions contain legal obligations. Please read them carefully.
The provisions of these Terms and Conditions govern the contractual relationship between TargetVideo and the client (client/publisher, hereinafter: “Client”), insofar as the individual agreement between the parties does not contain deviating regulations. If that is the case, the respective deviating regulation shall prevail.
As far as the individual agreement and the Terms and Conditions contain no relevant provisions, the “Standard Terms and Conditions for Internet Advertising for Media Buys One Year or Less published by the Interactive Advertising Bureau and the American Association of Advertising Agencies (version 3.0)” shall apply.
- 1. Ownership of Service
- 2. Company Information
- 3. Application of Terms and Conditions
- 4. Acceptance and Accuracy
- 5. Client’s Rights
- 6. Client’s Obligations
- 7. Video Technology and Video Content
- 8. Publisher’s Ownership Rights
- 9. Intellectual Property Rights
- 10. Integrations
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11. Payment
- 11.1 General
- 11.2 Withholding Payment
- 11.3 Taxes
- 11.4 Late Fees
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12. Subscription Services
- 12.1 Subscription Types
- 12.2 Fees and Overages
- 12.3 Auto-Renewal and Cancellation
- 13. Reclamation Policy
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14. Conditions and Restrictions of Use
- 14.1 Access to Content
- 14.2 Monthly Usage Limits
- 14.3 Registration and Privacy
- 14.4 No Network Abuse
- 14.5 Responsibility for Minors
- 14.6 Errors and Omissions
- 15. Disclaimer of Warranties
- 16. Limitation of Liability
- 17. Indemnity
- 18. Third-Party Links
- 19. Governing Law and Jurisdiction
- 20. Disclosure of Content
- 21. Processing and Transmission of Services
- 22. Prohibited Conduct
- 23. Policy Violations and Deductions
- 24. Inactivity
- 25. Changes to the Terms and Conditions
- 26. Severability
Welcome to TargetVideo. TargetVideo’s websites (www.brid.tv, www.target-video.com and any variations of or successors to these websites, hereinafter collectively referred to as “TargetVideo Websites” or “Websites”), TargetVideo Video Technology (hereinafter: “Video Technology”) and the TargetVideo Service (together with the Website and Video Technology, hereinafter referred to as “TargetVideo Service(s)” or “Service(s)”) are owned by TargetVideo GmbH or, occasionally, its subsidiary and affiliate corporations, successors and assigns, including the affiliate Target Video d. o. o., which is responsible for customer and technical services (hereinafter collectively referred to as “TargetVideo”).
TargetVideo Services currently consist of various web pages at or linked to the Websites as well as numerous websites run by other companies. These companies entered into an agreement and/or arrangement with TargetVideo to publish their content through the TargetVideo Services on their website.
The TargetVideo Services shall also include placing advertisements on the websites owned and/or controlled by the Client.
- Name: TargetVideo GmbH
- Address: Koppstr. 16 | 81379 Munich
- Registration number: HRB 212247 (Commercial Register of the local court of Munich)
- Website: www.target-video.com
- Telephone number: +4989215490
- Email: info@target-video.com
These Terms and Conditions regulate the contractual relationship between the parties, in particular the Client’s use of the TargetVideo Services and the TargetVideo Website(s). Unless explicitly stated otherwise, any new Service, including any new TargetVideo properties, shall be subject to these Terms and Conditions.
TargetVideo offers its Services only to Clients which are enterprises within the meaning of Section 14 of the German Civil Code (hereinafter: “BGB”).
For particular services, TargetVideo may have separate registration procedures and separate terms and conditions, service orders, Client/publisher agreements, or similar legal agreements. When the Client is using any service or product which is offered by TargetVideo and which is not governed by a separate legal agreement, these Terms and Conditions shall apply. Moreover, on occasion, TargetVideo may offer certain services which are regulated by the respective service partners’ terms of service.
4. Acceptance and Accuracy
By using the TargetVideo Services and/or the Website, the Client agrees, without limitation or qualification, to be bound by and to comply with the Terms and Conditions and any other posted guidelines or rules applicable to any website where the TargetVideo Services are available and subscribes to the Services (“Subscription”).
TargetVideo shall strive to regularly update the information on the Website, and it may make improvements and/or changes to the Website at any time. However, the information, materials and services provided on or through the Website may occasionally be inaccurate, incomplete or out-of-date. TargetVideo shall not be obliged to update or review the information located on the Website, whether as a result of new information, future events or circumstances, or otherwise. Furthermore, TargetVideo shall not be liable for any failure to update such information.
Verifying any information located on the Website before relying on it shall be the Client’s responsibility. TargetVideo shall make no representations regarding the completeness, accuracy or currentness of any information on the Website.
TargetVideo hereby grants the Client a non-exclusive, non-transferable, non-sublicensable right to use and reproduce the Video Technology and the videos on the Websites for the duration and, if applicable, specified in the applicable service order and/or individual agreement concluded between TargetVideo and the Client.
The Client accepts the rights granted by this clause. TargetVideo warrants that the Video Technology and videos from its library, when used by the Client in accordance with the agreed terms, do not infringe any third-party rights.
The codes provided by TargetVideo may be used exclusively on the Client’s website.
The Client using the Native Player Services and/or Premium Demand Services agrees to integrate the ad tags and codes provided by TargetVideo so that TargetVideo can be fully operational and visible on the Client’s website. TargetVideo will check and verify that the integration and tracking are operational. The provided ad tags shall only be used on the Client’s website. In addition, the Client agrees not to integrate the ad tags in environments primarily containing political content, sexual content, or content which glorifies violence, or which receives automated traffic (bots).
TargetVideo shall provide the Client using the Native Player Services and Subscription Services with a player as a SaaS solution that includes access to TargetVideo’s video library. The player shall be integrated into the Client’s website, e. g. in the form of an AdTag, using the code given by TargetVideo. The player can be used to deliver video content, native video ads and automated ad clips, all of which can be played through the player (all of these services are hereinafter referred to as “Video Technology”). The client can decide in advance whether to integrate video content from the library and, if so, which content to integrate.
Video Technology means TargetVideo’s proprietary software in object code and source code form. The software may be licensed to the Client (in object code form only) as specified in the Service Order with the Client using TargetVideo’s player.
The Client acknowledges and agrees that his/her rights to view the published content, accessible in or through the TargetVideo Service, shall be strictly limited to those rights given to the Client in connection with his/her acquisition of the content. Unless expressly permitted by such rights, the Client shall not copy, reproduce, modify, publish, transmit, transfer, sell, maintain, retain, create derivative works from, distribute or redistribute, perform, link, display or in any other way exploit any content obtained through the TargetVideo Service, including, without limitation, incorporating data and/or content from the Service in any email, search engine, catalogue, directory or other products or services found in the telephone directory (i. e. the white pages), whether it is based on proprietary client-side applications, browser-based, web-based or otherwise. The Client understands, acknowledges and agrees that engaging in any of the aforementioned conduct may constitute a crime and/or other forms of unlawful behavior for which the Client shall be held criminally and/or civilly liable.
TargetVideo shall respect any patent, trademark, service mark, trade secret, copyright or any other intellectual property right (“Intellectual Property Right”) of others.
However, TargetVideo shall not independently confirm that the entire content available through TargetVideo Service is provided by a valid Intellectual Property Rights owner. Should TargetVideo become aware that the content published in or through TargetVideo Service was provided by a person who is not the Intellectual Property Rights owner, TargetVideo shall, at its discretion and in appropriate circumstances, temporarily and/or permanently suspend the publication of such content. If the Client believes that his/her work was copied or published in a way that constitutes an infringement of his/her Intellectual Property Rights, or that his/her Intellectual Property Rights were otherwise violated, the Client shall provide TargetVideo’s copyright agent and/or General Counsel with the following information:
- the electronic or physical signature of the person authorised to act on behalf of the owner of the Intellectual Property Right;
- the description of the work which copyright or other intellectual property right was allegedly infringed;
- the said work’s location on the Website or in the Service;
- the Client’s address, telephone number and email address (if available);
- the Client’s statement that he/she has a reasonable belief that the disputed use of the aforementioned work is not authorised by the Intellectual Property Right’s owner, the owner’s agent or the law; and
- the Client’s statement, under penalty of perjury, that the above-mentioned information provided by him/her in his/her notice are accurate and that he/she is the owner of the Intellectual Property Right or authorised to act on behalf of the Intellectual Property Rights owner.
Any claim of infringement of Intellectual Property Rights shall be sent to TargetVideo’s Copyright Agent and/or General Council by mail or email as follows:
- Address: Koppstr. 16 | 81379 Munich
- Telephone number: +4989215490
- Email: info@target-video.com
The Client is advised to seek legal advice for a full understanding of any rights and/or remedies he/she may have in case of any infringement.
Some features or functions of TargetVideo’s licenced programs may use YouTube’s application programming interface (hereinafter: “API”). By using these programs, the Client agrees to be bound by YouTube’s Terms of Service, available on https://www.youtube.com/t/terms. In addition, the Client agrees to Google’s Privacy Policy, available on https://www.google.com/policies/privacy.
The Client can revoke the program’s access to his/her data via Google’s security settings page on https://security.google.com/settings/security/permissions. Should the Client require additional information on TargetVideo’s privacy practices, he/she can read TargetVideo’s Privacy Policy, currently located on https://target-video.com/privacy-policy.
To the extent the Client accesses or uses integrations with third-party services made available by TargetVideo or the products (i.e., services for the provision of advertising materials), the Client shall be solely responsible for complying with any obligations to such third parties. TargetVideo shall not be responsible for the Client’s obligations to third parties, especially where such obligations have not been disclosed to or are not reasonably known by TargetVideo. Furthermore, TargetVideo makes no representations regarding the continued access to or availability of any such third-party services and shall have no liability arising from their use.hould the Client have any questions or concerns about TargetVideo’s privacy practices, he/she can contact TargetVideo through privacy@target-video.com.
11.1. General
The Client agrees to be bound by the commercial terms and conditions defined in the service order or other individual agreement according to section 3.
The Client using Native Player Services and/or the Premium Demand Services shall receive the agreed percentage of the net advertising revenues, generated by TargetVideo from the integration of ads played on the Client’s website, i. e. all revenues actually paid to TargetVideo after the deduction of agency and customer discounts, value-added tax, and technical costs, including but not limited to streaming costs.
TargetVideo shall make payment to the Client using Native Player Services and/or the Premium Demand Service provided that the Client’s revenue exceeds $100 in the calendar year (01/01/-31/12). If the Client’s revenue does not exceed $100 in the calendar year, TargetVideo is entitled to withhold payment of such revenues to Client until the end of the next calendar year or any consecutive year in which Client’s revenue exceeds $100. Unpaid amounts arising from the Clients inability to reach the defined revenue within the calendar year will expire after three years following the end of the related calendar year in which they were generated, unless a payout is requested. TargetVideo shall reserve the right to charge an ad-serving fee to cover actual ad-serving costs.
The Client shall keep his/her payment address, email address, bank account number and telephone number in his/her account up-to-date. If the Client fails to notify TargetVideo of any changes in his/her account information, rendering TargetVideo unable to notify the Client in writing, the established business cooperation shall be terminated without notice and without any liability of TargetVideo.
11.2. Withholding Payment
If TargetVideo, following reasonable internal verification procedures, suspects that the Client has engaged in activity deemed to be invalid, TargetVideo may withhold payment of the portion of revenue attributable to such activity. Invalid activity includes, but is not limited to:
- clicks not referring to valid target URLs,
- an exceptionally high volume of repeated clicks,
- clicks originating from unauthorized or unapproved root URLs.
Any determination of invalid activity shall be based on documented technical data, including IP logs, timestamps, and referral source analysis. Upon written request by the Client, TargetVideo shall provide a summary of the data forming the basis of the decision.
TargetVideo will notify the Client without undue delay of any such suspicion and grant the Client an opportunity to respond within a reasonable time period before final withholding is confirmed.
In addition, for the purpose of payment calculation regarding display creatives:
- no more than 5% (five percent) of unique visitors may originate from a single IP address;
- impressions that are served but not received due to end-user blocking technologies (e.g., ad blockers or pop-up blockers) shall not count toward payment calculations.
11.3. Taxes
TargetVideo does not assume any responsibility for paying income taxes on the Client’s behalf. By participating in TargetVideo’s ad program, the Client shall assume full and sole responsibility for any taxes, for which the Client is the debtor under the relevant tax laws, owed as a consequence of such participation. Moreover, the Client agrees to indemnify and not to hold TargetVideo liable for any such taxes. If residing in the United States of America, the Client agrees to provide his/her Social Security Number or Federal Employer Identification Number and any other reasonable information to TargetVideo for tax-reporting purposes, and such information shall be used for no other purpose. If residing outside of the United States of America, the Client may be asked to complete appropriate forms for tax-reporting purposes. Moreover, the Client agrees to accurately complete such forms. In the event that the Client fails to provide accurate tax information or to complete any necessary tax-reporting forms, as determined at TargetVideo’s sole and absolute discretion, TargetVideo may withhold payment from the Client.
11.4. Late Fees
If any amount due hereunder could not be received by TargetVideo by the due date, such charges, at TargetVideo’s discretion, shall accrue a late interest at a 5% (five percent) yearly rate or at the maximum rate permitted by the law (should this rate be lower than the former), from the date such payment was due up to the date on which the payment will be made in full. In addition, if TargetVideo does not receive the amounts invoiced hereunder, prior to the expiration of the said period, TargetVideo may temporarily deny the Client’s access to the Services, 10 (ten) days after delivering a written notice to the Client.
12. Subscription Services
12.1 Subscription Types
If the Client intends to purchase a subscription to TargetVideo, he/she can choose between a monthly or yearly subscription, both of which are principally billed through the payment service provider Stripe (Stripe Payments Europe, Limited (SPEL), 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210 Ireland; reg. no. 3206488LH) in advance and renewed automatically. The Client shall also have the option of a recurring monthly subscription, which is available for purchase via credit card and which can be renewed automatically.
12.2 Fees and Overages
The Client hereby authorizes TargetVideo to charge all incurred fees and overages regarding the designated payment form, and acknowledges that periodic fees and overages may be charged automatically and without a separate authorization. By choosing a recurring payment plan, the Client acknowledges that such products or editions shall have an initial and recurring payment feature. Moreover, the Client shall accept responsibility for all recurring charges prior to the cancellation.
12.3 Auto-Renewal and Cancellation
If not otherwise specified in the service order and/or individual agreement, the Subscription has an indefinite term and can be terminated by either party in text form with a notice period of 15 (fifteen) days.
If a fixed term has been agreed upon between the parties, the Subscription will automatically be renewed for successive terms equal to the initial term, if not terminated by either party 30 days before the end of the initial term or respective renewal period.
The right of either party to immediately terminate the Subscription without notice for cause remains unaffected.
If the Client is dissatisfied with the Services because of incorrectly calculated prices or other deficiencies, he/she can submit a reclamation request.
In the aforementioned scenario, the Client shall be obliged to submit a written reclamation request to TargetVideo via email (accounting@target-video.com), or to submit the said request orally to TargetVideo via telephone +49892154540 and point out the deficiency of the provided Service.
Upon receipt, the reclamation request shall be officially documented at once, and the Client shall receive a written confirmation of his/her reclamation request via email.
Upon receiving the said request, TargetVideo shall commence the process of the offered Services’ internal control, and it shall deliver a detailed response within 15 (fifteen) days from the submission. TargetVideo’s response shall contain TargetVideo’s decision on whether it accepts the request, a statement on the reclamation request, as well as a definite suggestion and a deadline for the reclamation request’s resolution.
In case of a justifiable reclamation request, TargetVideo shall fully refund the amount paid for the deficient Service no later than 10 (ten) days from delivering the response to the Client.
14. Conditions and Restrictions of Use
14.1. Access to Content
The Client shall be aware that the majority of the content found on or through the Service is for general audiences, but there may be certain adult or mature content. Where there is mature or adult content, persons under 18 (eighteen) years of age or persons prohibited from accessing such content under the laws of any applicable jurisdiction shall not access such content.
If TargetVideo learns that any person under 18 (eighteen) years of age seeks to conduct a transaction through the Services, TargetVideo shall require a verifiable parental consent. However, certain parts of the Services shall not be available to minors under 18 (eighteen) years of age under any circumstances. In addition, Target Video shall not allow the use of TargetVideo’s player for displaying pornographic material, regardless of whether that material is legal or not.
14.2. Monthly Usage Limits
The maximum number or volume of monthly playing of content, playing of ads, websites, videos, hostings, streamings, as well as authorisations to use the SDKs (software development kits) and TargetVideo’s platform shall be set forth in the applicable Service Order. In any case, the maximum number of API requests shall be limited to 60 (sixty) requests per minute for regular API requests and 60 (sixty) requests per day for API Analytics requests.
14.3. Registration and Privacy
Certain parts of TargetVideo Services shall require the Client to register and provide certain data. By registering and providing such data, the Client represents and warrants:
a) that the data about him/her are true, accurate, up-to-date and complete (apart from optional items), as required by various TargetVideo registration forms (hereinafter: “Registration Data”); and
b) that the Client shall maintain and regularly update the Registration Data to keep them true, accurate, up-to-date and complete.
If the Client provides any data that is untrue, inaccurate, outdated or incomplete, or if TargetVideo has reasonable grounds to suspect that such data is untrue, inaccurate, outdated or incomplete, TargetVideo shall have the right to suspend or terminate the Client’s account and to deny him/her any and all current and future use of the Services.
All of TargetVideo’s registrations and data arising from the registrations will be processed in accordance with the EU General Data Protection Regulation (hereinafter: “GDPR”) by TargetVideo, its affiliates, successors in interest and subsidiaries. TargetVideo reserves the right to use and reuse all registrations and other personally identifiable information subject to TargetVideo’s Privacy Policy, available at https://target-video.com/privacy-policy. By using the Service, the Client acknowledges receiving TargetVideo’s Privacy Policy, including TargetVideo’s Notice Regarding the Privacy of Children Under 13. While on TargetVideo Service, Clients may edit, update, alter or obscure their personally identifiable information at any time following the instructions given in TargetVideo’s Privacy Policy.
Upon registering, the Client shall receive a password for those portions of TargetVideo Service that require registration. The Client shall be responsible for keeping the password and ID confidential, and for all activities undertaken while using his/her password or ID. The Client agrees to:
a) immediately notify TargetVideo of any unauthorised use of his/her password or account or of any other security breach; and
b) ensure that he/she will sign out of his/her account at the end of each session.
TargetVideo shall not and will not be liable for any loss or damage arising from the Client’s failure to comply with this requirement.
TargetVideo shall be legally bound to protect the privacy of all Clients of TargetVideo Services. TargetVideo shall collect only the necessary, elementary Client data and the information needed for conducting business and informing the Clients in accordance with good business practices, with the goal of providing the best possible quality of service.
14.4. No Network Abuse
The Client shall make no network connections to any hosts, networks or other Clients unless the Client has the permission to communicate with the aforementioned. The prohibited activities shall include:
- website monitoring or web crawling – impairing or disrupting the system subjected to website monitoring or web crawling;
- denial-of-service (DoS) attack – inundating a target with communication requests so the target either cannot respond to legitimate traffic or it responds so slowly that it becomes ineffective;
- intentional interference – interfering with the proper functioning of any system, including any deliberate attempt to overload a system by email-bombing, email-spamming, broadcast attacks of flood attacks;
- bypassing system restrictions – using electronic or other means of bypassing any use restrictions placed on a system, such as access restrictions and storage limitations.
14.5. Errors and Omissions
The Client acknowledges and agrees that, by using the Services, he/she may be exposed to offensive, indecent or objectionable content. Moreover, the Client acknowledges and agrees that the Services and content may contain errors or omissions, and that TargetVideo shall neither screen nor review the content published in the Service, so as to determine whether it contains false, defamatory, offensive, indecent or objectionable material, or material containing errors or omissions. Under no circumstances shall TargetVideo be liable in any way for any Client’s or other third party’s content, including, but not limited to any defamation, falsehood, error, or omission in any such content, or for any loss or any damage caused by the use or publication of any such content, posted, emailed or otherwise transmitted via Services. Furthermore, TargetVideo shall not guarantee that any content will be to the Client’s satisfaction.
Should the Client believe that the content published in or through the TargetVideo Service contains defamatory material or violates these Terms and Conditions, he/she shall contact TargetVideo at once. The contact details are given below:
- Address: Koppstr. 16 | 81379 Munich
- Telephone number: +4989215490
Email: info@target-video.com
The Services shall be provided “as is”, with no warranties, except those provided within the following article – Limitation of Liability. All express, implied and statutory warranties, including, but not limited to:
- warranties of merchantability;
- warranties of fitness for a particular purpose; and
- warranties of non-infringement;
are hereby expressly disclaimed to the fullest extent permitted by law.
Moreover, to the fullest extent permitted by law, TargetVideo disclaims any warranty for:
- the Service’s security, reliability and timeliness;
- other services or goods received through or advertised in the Services or received through any links provided in the Services;
- any information or advice received through the Service or through any links provided in the Service;
- any information or advice obtained through the Service.
The Client expressly understands and agrees that TargetVideo disclaims any and all responsibility or liability for:
- the accuracy, content, completeness, legality, reliability, operability or availability of information or materials in the Services;
- any harm caused by downloading or accessing any information or material through the Services, including, but not limited to harm caused by computer viruses or similar contamination or destructive events.
TargetVideo shall not provide any warranty regarding the reliability or accessibility of member webpages or any storage facilities offered by TargetVideo. The Client understands and agrees:
- that any material downloaded or otherwise obtained through the use of the Service shall be done at his/her discretion and risk; and
- that he/she shall be solely responsible for any damages to his/her computer system or loss of data caused by the download of such material.
In case of intent or gross negligence on the part of TargetVideo or its agents or assistants, during their performance, TargetVideo shall be liable according to the provisions of the applicable German law. The same shall apply in case of a breach of fundamental contractual obligations or in cases when damages are arising from injury to life, body, or health caused by a negligent or intentional breach of duty by TargetVideo, its legal representatives, or agents. To the extent that the breach of contract/agreement is unintentional, TargetVideo’s liability for damages shall be limited to the damages based on reasonable estimates, but in no case shall they exceed the previously agreed annual fee. TargetVideo’s liability for culpable damage to the body or health shall remain unaffected.
The Client’s claims shall expire within 1 (one) year from the beginning of the limitation period according to German law – except in the case of intention or gross negligence. This shall not apply if the damage in question, caused by the Client, involves personal injury. Personal injury claims shall become statute-barred within the statutory limitation period.
Under no circumstances shall TargetVideo or the licensors thereof be held liable for any delay or failure in performance which directly or indirectly resulted from acts of nature, forces or causes beyond TargetVideo’s or the licensors’ reasonable control or responsibility, including, but not limited to fires, floods, storms, explosions, acts of God, war, riots, insurrections, civil disturbances, strikes, labour disputes, labour shortages, governmental actions, domestic or foreign court orders, domestic or foreign tribunal orders or non-performance of third parties, internet outage, power outage, lighting, air conditioning or heating system malfunction, computer or telecommunications equipment failure, failure of other equipment, and shortages of materials.
Any liability not expressly provided by the paragraphs above shall be disclaimed.
The Client shall indemnify and hold TargetVideo and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees harmless against any claim or demand, including reasonable legal fees:
- made by any third party (particularly from claims arising from a breach of copyright, competition, trademark or data protection law); and
- asserted to TargetVideo concerning ads, placement or due to or arising from the content that the Client submitted, posted, transmitted or made available through the Service, his/her use of the Service, his/her violation of these Terms and Conditions or any other TargetVideo’s published and applicable terms of use, conditions, policies or requirements, or his/her violation of any rights of another.
The obligation to indemnify shall comprise the reimbursement for the relevant costs that TargetVideo incurred by asserting or defending its legal rights in this context. The obligation to indemnify shall not apply if the claim results from intentional or grossly negligent behavour of TargetVideo or its legal representatives or agents (gesetzliche Vertreter oder Erfüllungsgehilfen).
TargetVideo’s website may contain links to websites run by other parties. Such linked websites are not under TargetVideo’s control, and TargetVideo shall not be responsible for the content available on any other websites linked to TargetVideo website. In addition, TargetVideo disclaims all liability with regard to the Client’s access to such linked websites. TargetVideo shall provide links to other websites as a convenience to the Client, and accessing any other websites linked to the website shall be at the Client’s risk.
The said websites shall not imply TargetVideo’s endorsement for the material originating from any other site.
These Terms and Conditions and the relationship between the Client and TargetVideo shall be governed by the laws of the Federal Republic of Germany without regard to its conflict of law provisions. The place of jurisdiction shall be Munich, Germany.
However, TargetVideo shall be entitled to make a claim at any other competent court.
The Client expressly acknowledges and agrees that TargetVideo may preserve the content and disclose such content if required to do so by law or in good faith that such preservation or disclosure is reasonably necessary to:
a) comply with an order of a court or authority, or by a provision of applicable statutory law,
b) respond to the claims of any content violating the rights of third parties; or
c) protect the rights, property or personal safety of TargetVideo and its Clients.
The Client acknowledges and agrees:
a) that the processing and transmission of the Services, including the Client’s content, may involve:
- transmissions via various networks; and
- changes in order to conform and adapt to technical requirements of connecting networks or devices;
b) that the other data on TargetVideo’s Clients, collected and maintained by TargetVideo, may be disclosed in accordance with TargetVideo’s Privacy Policy.
If the Client violates the Terms and Conditions, or if he/she authorises other persons to violate the Terms and Conditions or assists them in doing the aforementioned, TargetVideo shall temporarily or permanently deny the Client the use of the Services.
This section describes the prohibited uses of the web services offered by TargetVideo. The list of examples described here shall be non-exhaustive.
Additionally, the Client agrees to not use TargetVideo Services to upload, post, email or otherwise transmit or post links to:
a) any content that is unlawful, harmful, threatening, abusive, harassing, hateful, tortious, defamatory, libelous, vulgar, obscene, pornographic, invasive of privacy or publicity rights or racially, sexually, ethnically or otherwise objectionable;
b) any content that promotes an illegal activity, including, but not limited to instructions for undertaking such an illegal activity;
c) any content which exploits images of persons under 18 (eighteen) years of age, and discloses personally identifiable information on persons under 18 (eighteen) years of age or which is otherwise harmful to minors;
d) any content that the Client does not have the right to transmit under any law or regulation or under contractual or fiduciary relationships – such as insider information or proprietary and confidential information learnt or disclosed as part of employment relationships or under non-disclosure agreements;
e) any content that infringes any Intellectual Property Right of any party, or any content that contributes to inducing or facilitating such infringement – this prohibition shall include, without limitation, any form of software piracy;
f) any unsolicited or unauthorised advertisements, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation except in those areas designated for such a purpose;
g) any material that contains computer viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, file, program or repetitive request for information, designed to limit or temporarily or permanently impair the functionality of any computer software or telecommunications equipment or to reduce the quality of, interfere with the performance of or impair the functionality of the Services;
h) any content regarding any raffle, contest or game requiring a fee from its participants;
i) any material that is false, misleading or designed to manipulate any equity, security or other markets;
Furthermore, the Client agrees not to do the following:
a) collect or store personally identifiable information on other Clients for commercial or unlawful purposes;
b) impersonate any person or entity, including, but not limited to a TargetVideo official or employee, or falsely state or otherwise misrepresent the Client’s affiliation with a person or entity or use misleading email addresses or falsify information in the header, footer, return-path, or any part of any communication, including emails, sent through the Services;
c) hold the Client’s own contests, promotions, raffles, games or similar events;
d) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
e) sell, purchase or offer to sell or purchase any registered or unregistered securities;
f) decompile, disassemble, modify, translate, adapt, reverse-engineer, create derivative works from or sublicense any software used in connection with the Services;
g) advertise, offer for sale or sell:
I) any item that the Client is prohibited from advertising or selling by any applicable local, state, national or international law, including regulations having the force of law; or
II) any of the following items:
- any weapon, firearm or explosive;
- any unpackaged food or food not complying with all the laws governing food sale held by merchants and intended for consumers;
- any alcoholic beverage;
- any tobacco products intended for human consumption, including, but not limited to cigarettes and cigars;
- any item which is indecent, obscene, hateful or racially, sexually, ethnically or otherwise objectionable or harmful to minors, which contains child pornography, or which is otherwise pornographic in nature;
- any controlled substance or pharmaceutical;
- any counterfeit or stolen item;
- any dangerous item;
- any non-existent goods or services;
- any registered or unregistered security;
- any item that violates or infringes the rights of other parties;
- any item that the Client does not have the legal right to sell;
- any items that, if advertised, offered for sale or sold through TargetVideo or the Service, would cause TargetVideo to violate any law.
In specific cases of an egregious violation of the terms of use, such as an exceptionally large number of invalid clicks and impressions, or any activity that is not in compliance with Google’s or TargetVideo’s policies or that may cause considerable harm to TargetVideo’s network, TargetVideo shall not bear the costs of deductions and it shall be entitled to deduct the costs from future payments to the respective Client.
TargetVideo may temporarily or permanently suspend any Client account for any Service due to the Client’s inactivity. For example, a TargetVideo account may be temporarily or permanently suspended if a Client fails to sign in to TargetVideo Service for an extended period of time. What is considered “Client’s Inactivity” shall vary depending on the Service and be determined by TargetVideo by reasonable discretion. If one of the Client’s accounts is temporarily or permanently suspended due to inactivity, the Client shall immediately lose his/her right to use such Service. TargetVideo shall refund an appropriate share of fees already paid by the Client, according to TargetVideo’s reasonable discretion.
TargetVideo reserves the right to amend or change these Terms and Conditions. The planned changes will be announced to the Client in text form at least six weeks before the planned coming into effect. The Client shall be deemed to have consented to the changes if it does not object to the changes in text form before the new Terms and Conditions come into effect.
TargetVideo undertakes to make separate references in the notice of change to the possibility of objection or termination and the deadlines for objection and termination, the text form requirement and the significance or consequences of failure to object.
If the Client objects to the amendment of the Terms and Conditions in due form and time, the contractual relationship will be continued under the previous conditions. In this case, TargetVideo is entitled to terminate the contractual relationship for cause within a period of four weeks.
If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, in whole or in part, under applicable law, such provision shall be deemed modified to the extent necessary to make it valid, legal, and enforceable while preserving its intent as closely as possible. If such modification is not possible, the provision shall be deemed severed from these Terms and Conditions. The remaining provisions shall continue in full force and effect and shall not be affected by the invalidity of any other provision.
