Terms of Use

for the

Green Shooting CO₂ calculator for film and TV productions

- hereinafter referred to as Green Shooting calculator -

by

KlimAktiv gemeinnützige Gesellschaft zur Förderung des Klimaschutzes mbH

- hereinafter referred to as KlimAktiv -

§ 1    General subject matter of the Terms of Use

1.1    The following Terms of Use govern the provision of the Green Shooting calculator by KlimAktiv or via a service provider licensed by KlimAktiv. 

1.2    By using the Green Shooting calculator, the User has the technical possibility to calculate and save greenhouse gas emissions and other environmental and energy-relevant data from film and TV productions.

1.3    Users are defined as those who use the Green Shooting calculator system for their own use or on behalf of third parties, regardless of whether this is done for commercial or non-commercial purposes.

1.4    By applying for registration for the Green Shooting calculator, the User recognises the Terms of Use set out here.

§ 2    Right of use

2.1    The functionality of the Green Shooting calculator serves exclusively to support the determination of greenhouse gas emissions and other environmental and energy-relevant data from film and TV productions. The greenhouse gas emissions determined with the help of the Green Shooting calculator can be used by the User internally and externally (e.g. environmental or sustainability report, press release) by citing the KlimAktiv Green Shooting calculator as a calculation tool. 

2.2    The use and operation of the Green Shooting calculator using electronic and/or automated tools is not permitted.

2.3    The data used in the Green Shooting calculator, including emission factors, are protected by copyright and constitute trade secrets within the meaning of § 2 GeschGehG (Trade Secrets Law). Their use is subject to the applicable copyright laws. In particular, any non-commercial and commercial redistribution (e.g. sale) of the data is not permitted. The creation of derived works or use for any purpose other than that specified under § 2.1, in particular use on third-party websites, requires the prior written consent of KlimAktiv. Infringements may have consequences under civil and criminal law.

2.4    The demo version of the Green Shooting calculator may not be used for commercial purposes. This includes all value-adding activities, such as, but not limited to, integration in consulting activities of any kind, use for extracting emission factors for use in other calculation tools, including Excel, and use for determining a reference value for compensation payments, offsetting or similar.

2.5    KlimAktiv reserves the right to unilaterally amend, supplement or replace the Terms of Use of the Green Shooting calculator at any time.

§ 3    Obligations of the User 

The User will

3.1.    protect the usage and access authorisations (login) assigned to him/her or the Users as well as identification and authentication safeguards against access by third parties and not pass them on to unauthorised Users;

3.2    ensure that all industrial property rights and copyrights are observed (e.g. when transferring third-party texts and data to KlimAktiv servers);

3.3    obtain the necessary consent from the respective data subject if he/she collects, processes or uses personal data in the context of using the Green Shooting calculator and no statutory authorisation applies;

3.4    not misuse the Green Shooting calculator or allow it to be misused, in particular not transmit any information with illegal or immoral content or refer to such information that serves to incite hatred, incite criminal offences or glorify or trivialise violence, are sexually offensive or pornographic, are likely to seriously endanger children or young people morally or impair their well-being, or may damage the reputation of KlimAktiv;

3.5    refrain from attempting to retrieve information or data without authorisation, either themselves or through unauthorised third parties, or to intervene in programmes operated by KlimAktiv or have them intervene, or to penetrate KlimAktiv's data networks without authorisation;

3.6    not misuse the possible exchange of electronic messages for the unsolicited sending of messages or information to third parties for advertising purposes (spamming);

3.7    indemnify KlimAktiv from all claims of third parties that are based on an unlawful use of the Green Shooting calculator by him/her or are made with his/her approval or that arise in particular from data protection, copyright or other legal disputes associated with the use of the Green Shooting calculator. If the User recognises or must recognise that such an infringement is imminent, he/she is obliged to inform KlimAktiv immediately;

3.8    back up the data stored in the Green Shooting calculator regularly and in accordance with the risks involved in order to ensure that the data and information can be reconstructed if it is lost;

3.9    before uploading data to the Green Shooting calculator, or before using the data in the Green Shooting calculator, check it for viruses or other harmful components and to use state-of-the-art measures (e.g. anti-virus programmes) for this purpose.

§ 4    Non-contractual use of the Green Shooting calculator

4.1    KlimAktiv shall be entitled to block access to the Green Shooting calculator and its data in the event of an unlawful breach by the User or the Consultant authorised by the User of one of the material obligations set out in this User Agreement, in particular in the event of a breach of the obligations set out in § 3. Access will only be restored once the breach of the material obligation in question has been permanently remedied or the risk of repetition has been ensured by submitting an appropriate cease-and-desist declaration to KlimAktiv, subject to penalty.

4.2    KlimAktiv is authorised to delete the data concerned in the event of a breach of § 2 or § 3.

§ 5    Restricted data use and disclosure

5.1    KlimAktiv has the right to use and analyse the non-personal data entered by Users in order to

a) ensure the function of the Green Shooting calculator and calculate greenhouse gas emissions and balances;

b) to optimise and expand the functionality and quality of the software;

5.2    KlimAktiv is entitled to pass on anonymised or aggregated data, e.g. in the form of reports (cf. § 5.1 c)), to third parties (in particular institutions, organisations, companies), provided that the transfer does not allow any conclusions to be drawn about specific projects, companies, persons or other individual data entries. The latter is ensured at all times through aggregation or anonymisation.

5.3    If the User derives his/her rights of use for the Green Shooting calculator from a third party, KlimAktiv may disclose the data entered by the User to this third party at the latter's request, unless KlimAktiv receives a written objection from the User.

5.4    If the User enters an email address during the registration process but does not assign his/her registration to a broadcasting company/VoD service, production company or film funding body, KlimAktiv may make an assignment according to the email address entered. Changes to the assignment can be made in consultation with KlimAktiv.

§ 6    Warranty and liability

6.1   The data for calculation and the algorithms in the Green Shooting calculator have been carefully researched and compiled by KlimAktiv
          or third parties. Neither KlimAktiv nor third parties can accept any liability for the accuracy, completeness and up-to-dateness of the data.

§ 7    Final provision

7.1    The Terms of Use of the Green Shooting calculator and the entire legal relationship between the User of the Green Shooting calculator and KlimAktiv shall be governed exclusively by German law to the exclusion of the conflict of laws provisions and the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980.

7.2    Should individual provisions of the Terms of Use of the Green Shooting calculator be or become invalid or unenforceable, this shall not affect the validity of the remaining Terms of Use. KlimAktiv and the User shall replace such provisions with effective and enforceable provisions that come as close as possible to the meaning and economic purpose as well as the intention of the parties at the time of conclusion of the contract. The same shall apply in the event of a gap in the contract.

7.3    The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms of Use shall be the registered office of KlimAktiv (if and insofar as the User is an entrepreneur within the meaning of § 14 BGB).