HR B 10572 Amtsgericht Essen
DE 161 498 300
Dr. Ralf Bräuer, Dr. Andreas Jendral, Hermann Lüpken (individually authorized to represent)
Dr. Heiko Kampmann
Panvision in not responsible for the content of the linked websites of third parties. These third parties bear the responsibilities for their content. Furthermore, the website of Panvision can be referenced by other sites via links without Panvision's knowledge. Panvision assumes no responsibility for representations, content or any connection to Panvision in third party web pages. Panvision is only responsible for third-party content if it has positive knowledge (i.e. also of an illegal or criminal content) and it is technically possible and reasonable for Panvision to prevent its use. Panvision is, however, under the teleservice law (Teledienstgesetz ) not obligated to constantly check third party contents.
Data Protection and Data Security
Panvision is delighted about your interest in our company and our products. Since the protection of your privacy during the use of our websites is an important concern, we would like to inform you below about the basic rules for our handling of personal data and personally identifiable information (PII). You will also find this and additional information at any time we a requesting personal information from you.
Google Analytics uses so-called "cookies", text files which are stored on your device and which allow an analysis of the use of the website by you. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there.
We have enabled the IP anonymization feature on our website. This will truncate by Google your IP address originating within the Member States of the European Union or in other contracting States of the Agreement on the European Economic Area prior to transmission to the United States. Only in exceptional cases will the full IP address be transferred to a Google server in the United States and truncated there. Google will use this information on our behalf to evaluate your use of the website, to compile reports on the website activities and to deliver additional services to Panvision related to the use of the website and Internet use. The IP address submitted by your browser as part of Google Analytics will not be merged or combined with other Google data.
If you do not agree to the collection of your data by Google Analytics, you can disable this feature when you visit our website. An opt-out cookie will be set to prevent the collection of your data on future visits to this site.
We use "Google reCAPTCHA" throughout our website. The provider is the Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
Our internet presentation does not use plug-ins into social networks. Any incorporation of icons of social media like Facebook, Twitter or Xing are only referencing an external link to these networks.
Your trust is important to us. Therefore we would like here from you with any questions you might have concerning the processing of your personal data. If you have any questions, suggestions or complaints regarding the processing of your personal data at Panvision, or if you wish information, have your data changed or deleted, please contact our data protection officer, Dr. Heiko Kampmann, who will available for you.
General Terms and Conditions
The following general terms and conditions (GTC) are an inseparable part of the contract or offer to which they were attached or of the contract or offer which expressly refers to them and of all future contracts entered with Panvision .
To the extent that there is no explicit approval of modifications by Panvision, no tacit approval or even recognition is to be seen in the performance of the service or in the return service by Panvision.
Panvision and the client mutually respect and protect each other's business secrets or internal knowledge with the diligance and care of an ordinary merchant and to treat all information and documents in this respect confidentially. This duty of diligence and confidentiality also extends beyond the end of the contract and also applies if no actual cooperation was achieved.
Ancillary agreements and amendments to the contract require written and approved form.
The order issued by Panvision represents a contract for copyright work. This also applies in the context of the legal provisions for the production or adaptation of computer programs within the meaning of § 69 ( German Urherrechts Gesetz UrhG ) (software). The object of the contract is the creation of a certain commissioned work and the granting of simple rights of use to this work. Any transfer to others of the granted rights of use requires the consent of Panvision. All works of Panvision are protected by the German UrhG. Any imitation of the work or individual parts is prohibited. A change of the work or the name of the author in either the original derivative work requires the explicit the consent of Panvision. The right-to-use of the work by Panvision in the agreed-upon setting, is acquired by the client after the complete remuneration, unless otherwise agreed. By submitting drafts, Panvision does not transfer any rights-of-use to them. All works of Panvision may only be used for the agreed purpose in the agreed scope and for the agreed duration. In so far as no explicit agreement has been reached on this, the extent and duration of the right-to-use are governed by the objectively identifiable scope given by the client when placing the order. Software created by Panvision contains industrial secrets. The software may not be decompiled, de-assembled or otherwise converted into a general readable form without the express consent of the Panvision. All uses extending scope, time or user numbers, of the hole or of individual parts require approval by Panvision and are subject to a fee.
The client takes responibility to provide Panvision in a timely manner with the necessary artwork, templates, information, and other materials & software free of charge. The client hands Panvision only such material, which the client is entitled to release or which is cleared for publication or reproduction. In the event of an infringement, the client undertakes to exempt Panvision from any resulting claims of third parties. The transferred material must be suitable to serve the production of the respective work within the designated work period. Panvision reserves the right to use or create more adequate material in consultation with the client. No copyright claim is created by proposals or other actions of the client or by a third party being connected to the client.
The fee / remuneration is payable on acceptance of the work created by Panvision including all respective taxes and fees required by law. In the case of partial acceptance, a partial fee is payable with acceptance of the respective part. In the case of extensive or longer-duration work, an advance payment, the amount of which is individually agreed upon, must be paid to Panvision. Discounts are only permitted with prior, individual and written agreement. Proposals of the client or third parties have no influence on the fee structure. If a concept developed by Panvision and approved by the client is not to be implemented for reasons which are not to the responsibility of Panvision, the fee amount shall remain unaffected.
Additional services will be billed according to daily rates using an individually agreed amount as the basis for calculation. Changes in work or the creation & presentation of further work or other additional services are calculated accordingly. Charges created by of third-party services are regulary advanced by Panvision; as far as costs arise for Panvision the client shall reimburse Panvision in the amount indicated by Panvision and exempt Panvision from all other liabilities. Panvision reserves the right to incorporate third-party services for the account of the customer. Panvision has to inform the customer beforehand of the potential cost and obtain the necessary approval.
The shipping or returning of work or partial work is carried out at the expense of the client. The client carries the risk of shipment.
Panvision assumes no liability for data loss or changes as a result of a faulty data carrier. All potential claims towards the manufacturer/distributor of the faulty data carrier are transferred by Panvision to the client.
To the extent applicable, §§ 377, 378 HGB are taken as basic principle. Additionally, the client is responsible to verify the work delivered by Panvision immediately upon receipt for errors or incorrect delivery and to report these Panvision within one week. Otherwise, the work is considered accepted and approved.
Panvision is liable for damages due to missing warranted characteristics and insufficient legal rights. The liability for initial inability shall be limited to five times the payment of the fee and to such damages, which must typically be considered in the context of a software/release/use. In addition, Panvision is only liable for intent and gross negligence, including its legal representatives and senior executives. For the fault of other vicarious agents, Panvision is only liable in the scope of the preceding paragraph. Panvision is only liable for negligence if a duty is violated, the observance of which is of particular importance for the achievement of the purpose of the contract (German: Kardinalpflicht). In the event of violation of this cardinal obligation, the limitation of liability for initial inability under §1 of these liability regulations shall be used accordingly. Insofar as Panvision leaves the client with preliminary drafts, it is expressly pointed out that this is only for demonstration purposes and that at that time Panvision has not yet obtained the consent of third parties whose rights may be affected. The customer is generally responsible for the release of production and publishing. Insofar as the release, including that of individual parts, was transferred to Panvision, Panvision is exempt from any liability. Panvision assumes no liability for work awarded to third-party services, in terms performance and work results. Panvision assumes no liability for damage caused by an incompatibility between the client's software and other software and/or hardware. Panvision points out that although the released software has been checked for viruses, a complete freedom from virus cannot be guaranteed according to the current state of the art. In this respect, Panvision assumes no liability.
All payments made by Panvision are entirely subject to offsetting or recovery.
Place of fulfilment is the location of Panvision. The place of jurisdiction for all claims by and against Panvision is the registered office of Panvision, as far as this is possible within the framework of the respective legal regulations in force.
Void or invalid parts or declarations above do not impact the validity of other parts or the entirety of the contract.
The above is a good-faith translation from the German original. In case of ambiguities it is the wording of the original that is binding.