Legal

Terms & Conditions / Impress

Host i.S.d. § 5 TMG

AMC – Actuarial Media Center GmbH
Hohenstaufenring 47 – 51
50674 Cologne | Germany

County Court Cologne (HRB 97223)
VAT ID No. DE322903530

General Manager
Michael Steinmetz, Martin Oymanns

Party responsible for the content pursuant to § 55 Para. 2 RStV
Michael Steinmetz (Address see above)

Information on the online settlement of disputes
The European Commission provides a platform to settle disputes online (OS). You can find this platform at the following link: https://ec.europa.eu/consumers/odr/. Consumers can use this platform to settle their disputes from online contracts.

Reference to § 36 VSBG
We will not participate in alternative processes to settle disputes in the sense of § 36 VSBG. The use of an alternative office of arbitration is not an overriding prerequisite for calling on the regular courts responsible.

Copyright and image credits
Unless stated otherwise, the contents of www.actuview.com are protected by copyright. Unless produced by ourselves, photographs used are marked with image credits or listed below. The use of photographs on third-party pages is only possible in the context of a license from the copyright holder.

Standard Terms & Conditions for the actuview.com internet platform

§ 1 Subject matter of the contract
(1) Actuarial Media Centre GmbH (hereinafter referred to as „AMC“), Hohenstaufenring 47- 51, 50674 Cologne, Germany, tel.: +49 221 912554-0, email: contact@actuview.com operates the actubase.com portal.

(2) The following Standard Terms & Conditions (“T&C”) apply to any contracts that are concluded between AMC and users of actuview.com who make use of the services that are provided in connection with the website. AMC understands “users” to mean associations, businesses and institutions (collectively: “organisations”) which are granted access to the platform by AMC as specified below, as well as individuals (= consumers in accordance with Section 13 of the BGB [German Civil Code]) who receive their authorisation to access actuview.com from the aforementioned organisations and are consequently able to use the platform services.

(3) Any users‘ conflicting conditions, or users‘ conditions which differ from these T&Cs, do not become part of the contract unless AMC explicitly agrees in writing to their applicability (Section 126 of the BGB).

(4) The language of the contract is English.

§ 2 Description of services
(1) actuview.com is an international online video platform which gives users the opportunity to upload their own content in the form of videos or to hold online events and/or to stream the relevant content for training and professional development purposes, and to share the use of supporting documents which they can download. Users are also able to communicate with each other by commenting on content and sending messages.

(2) The services provided by actuview.com can, in particular, be broken down into the following fields:
• videos and online events relating to actuarial topics
• messages relating to actuarial topics

(3) The “Videos and Online Events” field provides organisations with the opportunity to arrange online events, or to upload their own videos which can be used to share knowledge, communicate new concepts and ideas, and enhance technical knowledge. Other users can stream these videos for training and professional development purposes and can take part in the events. The precise amount of time that each user spends using the videos is tracked so that AMC can issue any professional development certificates that are required. You can find further information about this in the Data Protection Declaration which can be accessed via the “Data Protection” link.
The supporting documents which are uploaded with the videos (e.g. professional development documents) can be downloaded by the respective users.

(4) Additional information relating to actuarial topics is provided in the message boxes.

§ 3 Registration / saving of the quotation wording / suggested corrections / netiquette
(1) As well as being available to associations, businesses and institutions, the use of actuview.com is, in particular, open to any of the users who have been provided with access by one of these organisations.
In order to be able to make full use of the functions of actuview.com it is necessary for users to set up a personal account. The minimum age for doing this is 18. Users must also provide complete and correct details that are requested when registering, in particular they must provide their real name in the “Name” field as well as consenting to these T&Cs. AMC is entitled to refuse a registration, and it reserves the right to demand further documents as proof of an applicant’s identity (e.g. a copy of an identity card). This applies in particular if the user wants to have a professional development certificate issued showing the training content that he has used.

(2) The contract wording of the user agreement is saved by AMC. The user does not have online access to the contract wording, but he can access the saved details in his user account.

(3) The saved details can be printed out by the user immediately prior to completing the registration process. In addition, the user will receive an email confirming his registration which contains all the relevant details.

(4) At any time before submitting the registration to the platform the user can use the browser’s back button or corresponding buttons on the platform to correct the details that he has input, or he can return to the homepage by clicking on the actuview logo and thereby end and/or restart the registration process.

(5) The user undertakes to ensure that no unauthorised third parties can gain access to his password. If this nevertheless happens, or if the user has grounds for believing that it may have happened, he is obliged to notify AMC of this without delay.

(6) If the user’s details change after registration, he is obliged to update the information in his user account without delay.

(7) AMC is entitled to give a warning to a user or to definitively or temporarily block a user’s access to the internet platform, in particular if the latter

  • uploads illicit content within the meaning of § 5 para. 2,
  • uses data or information that he has obtained via the platform for purposes which infringe statutory regulations or the rights of third parties,
  • undertakes advertising or invites others to purchase a product or a service via the platform, unless he is an official partner of AMC or unless he has AMC’s explicit written consent to do so.

§ 4 Payment for services / notice of cancellation
(1) actuview.com provides both free services and services for which a charge is made. Services for which a charge is made, i.e. which involve payment liabilities, are only the actuview.com services which are explicitly identified as being subject to a charge, in particular the time-limited subscription to the platform by associations, businesses and institutions.

(2) All payments of fees that are payable to AMC always become immediately due for payment. The fee for access to the platform by organisations must be paid within the period that is specified in the invoice.

(3) If the user chooses a product that is specified as being subject to a charge, he must pay the corresponding fee to AMC in advance.

§ 6 Copyright / intellectual property rights
(1) The providing of the opportunity to use the actuview.com website does not entail the transfer to the user of any property rights, usage rights, licences or other rights. AMC retains in full all the rights relating to the portal that is used as well as rights relating to markings, titles, brands and copyright and other intellectual property rights. The rights relating to the content that is uploaded by a user (e.g. videos) are likewise retained by the respective rightholders.

(2) The user bears sole responsibility under copyright, competition law and in other respects for the contents that he intends to have published. Reference is made to § 5 para. 2.

(3) When placing his order the user confirms that he has acquired and/or has at his complete disposal all the usage rights that are required in order to upload the content that has been posted on the portal by him. Reference is made to § 5 para. 2.

(4) By uploading content the user grants to AMC the worldwide, non-exclusive and free of charge right to use that content to the extent that is necessary for the provision of the services on actuview.com. The user simultaneously grants other users of the service the worldwide, non-exclusive right to access the content via the actuview.com-platform, and to use it to the extent that is required and insofar as the platform’s functions make it possible to do so. The licence is granted for the period until the content is removed by the user who has uploaded it. However, once the content has been removed by the user AMC is not obliged to recall the content that is used offline by other users, or – owing to other legal reasons – to delete any copies of it that have been made.

§ 7 Legal position of AMC
AMC reserves the right to transfer in full or part to third parties the rights and duties arising from the user agreement and these T&Cs, or to allow them be exercised by third parties.

§ 8 Liability
(1) AMC is liable for losses owing to slight negligence only if they are based on the breaching of material contractual duties (essential obligations), or if losses resulting from death, bodily injury or health impairment occur, or if claims can be made based on the Produkthaftungsgesetz [German Product Liability Act] or a guarantee of warranted properties that is provided by AMC. Essential obligations are those duties whose fulfilment is essential for enabling the proper performance of the contract, and on compliance with which the contractual partner should be able to rely.

(2) AMC’s liability for slight negligence according to this provision is limited to typically foreseeable losses. This also applies to damages due to delay that are caused due to slight negligence.

(3) The provisions of the preceding paragraphs also apply correspondingly to any restricting of compensation for fruitless expenditure (Section 284 BGB).

(4) The above limitations of liability also apply in favour of the vicarious agents and legal representatives of AMC.

§ 9 Confidentiality
The user is obliged to take the utmost care when using IDs, passwords, user names or other security measures that are provided in connection with the services, and to take any measures that ensure the confidential, secure use of the data, and to prevent its disclosure to third parties. The user is obliged to inform AMC without delay of any potential unauthorised use of his access details, or of any such use which has already become known.

§ 10 Written warning, judicial ruling
If the user has received a written warning on account of content that has been posted on actuview.com, if he has already provided a cease and desist declaration in respect of specific (video) content, or if a corresponding interlocutory injunction, a judgement or any other judicial or administrative ruling has been served upon him, the user is obliged to inform AMC of this in writing and without delay. The user is also obliged to hold AMC harmless in respect of any third party claims when first requested to do so, and to reimburse any loss to AMC. Reference is made to § 5 para. 2.

§ 11 Image rights / presentations of images
If the actuview.com platform contains images outside of the area that is provided for the user or other third parties for the purpose of making postings, the rights to the respective image belong to AMC. Any use of the images without AMC’s explicit consent is forbidden.