REVOCATION INSTRUCTION

The service offered here is exclusively addressed to commercial users. Thus, §§ 312 b et seq. BGB [German Civil Code] shall not apply. In this respect, a right of revocation of the user therefore does not exist.


GENERAL TERMS OF BUSINESS OF THE UNUSUALS GMBH
Version as of 11th of June 2009

1.    Scope
2.    Conclusion of the contract
3.    Obligations to perform of UNUSUALS
4.    Obligations of the user
5.    Costs and payments
6.    Liability for defects
7.    Termination of the contractual relationship
8.    Extraordinary termination of the contractual relationship
9.    Other liability
10.    Offsetting
11.    Applicable law
12.    Place of jurisdiction
13.    Final provision

1.    Scope
www.unusuals.net is a project of UNUSUALS GmbH, a limited company constituted under the laws of Germany, represented by the managing director Nayer Paknia, Raumerstrasse 2, 10437 Berlin (hereinafter referred to as UNUSUALS). The following general terms of use and business of UNUSUALS apply to all services of UNUSUALS free of costs or with costs offered on the web presence under the URL “www.unusuals.net”.

UNUSUALS reserves the right to provide special regulations for special services in the terms of use and business. This will be separately pointed out in case of the respective service.

In the following, the term “user” will be used in gender-neutral manner and relate both to the masculine and the feminine form. Terms and conditions of users shall not apply on principle unless UNUSUALS consented to their applicability expressly in writing.

The following general terms of use and business in their valid version as of the time of conclusion of the contract shall apply exclusively to the contractual relationships between UNUSUALS and the user. Please print out these terms which are permanently available for download on the web presence of UNUSUALS. UNUSUALS shall be entitled at any time to change or supplement these general terms of use and business if these changes are reasonable for the user and are based on market developments beyond the control of UNUSUALS. The changes, the period of notice, the consequences of the termination not given notice of in due time as well as all other notifications relevant for the contract will be notified and sent to the user via email, partly in form of a special newsletter. Herewith, the user expressly agrees to that. After receipt of the changes, the user shall have the right to give notice of termination within 14 days if the changes are unreasonable and otherwise a longer or no period of termination exists at all; otherwise, the contractual relationship shall continue to exist with the changed terms. The contractual language shall be German.

2.    Conclusion of the contract
Contractual partner is the company UNUSUALS GmbH. The use of the services offered may be by individuals with full legal capacity or by legal entities. If these prerequisites are not met, no contract shall be formed. As consequence of that, UNUSUALS shall be entitled to demand the reversal of all service.

For using the offered services, a registration of the user with UNUSUALS is required. In this respect, the user shall be obliged to make true and complete statements upon registration and to guarantee their correctness towards UNUSUALS. The multiple registration of a user shall not be allowed. The user will be shown his statements prior to completion of the registration again, at that time, the user has the opportunity to correct possible input errors.
With completing the registration by clicking on the button “SAVE”, the user agrees to these general terms of use and business and applies for using the services of UNUSUALS. The acceptance of the application by UNUSUALS shall be effected in form of an account access being released via e-mail. UNUSUALS shall reserve the right to reject the acceptance of an application.

After the registration, the user shall have the opportunity to use further offers of UNUSUALS. They will be held ready in form of binding offers on part of UNUSUALS in the closed user area. The user may accept these subscriptions by clicking on the button “ORDER” of the respective subscription.

If the statements made by the user upon registration change during the term of the contract, the user shall have to notify this to UNUSUALS immediately by adjusting his details independently in the user area of UNUSUALS or by notifying UNUSUALS by e-mail.

3.    Obligations to perform of UNUSUALS
UNUSUALS operates a closed forum on the internet due to which users get the opportunity to establish new business contacts on the internet and to foster existing business contacts. Furthermore, UNUSUALS offers to the user access to its database where users may present their projects for this purpose. In this respect, UNUSUALS offers different variants of use to registered users. At first, a gratuitous membership may be entered into by registering in the contact forum (simple membership). In this case, UNUSUALS sets up a personal account for the user where the user may present a project of his works. In addition, the user may use the database of UNUSUALS by means of a restricted search function.
Furthermore, the user may make use of different additional services in form of subscriptions against remuneration. The scope of services of the respective subscription will be shown in the closed user area separately in each case.

The user shall not have a claim for performance with regard to services offered free of costs by UNUSUALS. The change, supplementation, deletion or discontinuation of these services or parts thereof after separate notification and setting a reasonable period of time shall remain expressly reserved if this is reasonable for the user.

UNUSUALS offers to the user a forum to bring together the user with other users and to facilitate a general establishing of contact among the users. No successful arrangement of contacts shall be owed. If the users enter into contracts among themselves, this shall take place without involvement of UNUSUALS. Thus, UNUSUALS shall not become a party to the contract in any case. For this reason, UNUSUALS shall be liable neither for the content nor for claims of the users which may arise under these contracts. The users shall be responsible for them themselves.

4.    Obligations of the user
The user has to provide the hardware and software equipment required for using the services of UNUSUALS which the user needs for an internet connection. The user undertakes to back up all contents provided sufficiently and independently in order to limit damage due to possible loss of data.

The user undertakes to use all services of UNUSUALS lawfully and in a manner not contrary to public morality. Therefore, the user undertakes to comply with the applicable law of the Federal Republic of Germany, and undertakes especially not to distribute, provide or submit contents or statements with contents that are offensive, defamatory, glorifying violence, endanger the youth, are discriminating, pornographic, or violate protective or personal rights. The user expressly undertakes only to publish, provide or submit such contents of which he is entitled. This shall apply especially to pictures, films or excerpts thereof.
This shall apply also to contents that can be reached via links set by the user.

Remember that the user may under certain circumstances be obliged to pay remunerations to third party copyright holders for the content published in his, her or its profile; Under certain circumstances, users might be responsible for application of this content with a collecting society.

In excess thereof, the publication, distribution or submission of objectionable contents, suggestive names and other illustrations the illegality of which is assumed but cannot be finally ascertained shall be prohibited.

Spamming in any form is prohibited, especially via e-mail or by sending messages. Furthermore, the user undertakes not to advertise other contact forums. The user furthermore undertakes to use the data of other users only for the purposes of this contact forum and not to use them against their express will or the will to be objectively assumed.

The user shall be solely responsible for information and contents made or provided by him. He assures that especially the contents relating to his projects reflect his actual activity in this respect and are not displayed in a misleading way.

The user undertakes to indemnify UNUSUALS in case of misuse of its services against all claims including claims for damages of other users or other third parties asserted against UNUSUALS in this connection and to compensate expenses required in order to avert claims. The user undertakes to make available information to UNUSUALS for doing so completely if such information is required for the defence of legal rights and interests. The aforementioned obligations shall not apply if the user is not responsible for the infringement.

Furthermore, the user undertakes to ensure the proper use of his account, to protect it against unauthorised use by third parties and to keep secret his access data, especially his password. The user shall be liable for any unauthorised use of his account culpably facilitated. The user has to notify UNUSUALS immediately if he has the justified suspicion that a case of misuse of his account is given.

The user agrees that other users send him messages, especially e-mails, for purposes according to the purpose of the forum.

5.     Rights of utilization under copyright
a. By uploading a film and/or by adding a film to your own user profile/ account, you declare simultaneously to be entitled to copy the film, store it, make it publicly available and to grant to Unusuals GmbH the non-exclusive licence for including it in its database.

b. By uploading a film and/or by adding a film to your own user profile/ account, you grant to Unusuals GmbH the non-exclusive and royalty free licence unrestricted in terms of place and time to include the film in the Unusuals database, to store it, to copy it and to make it publicly available. Other Unusuals users thus are entitled to include / to link the film in their own user- profile pursuant to the regulations in these general terms of business. By including / linking a film already available in the database of Unusuals GmbH to your own user profile, Unusuals makes it publicly available by your order and in account of you. The Unusuals GmbH furthermore shall be entitled to store, copy, make publicly available and transfer to third parties completely or in parts the database as such or any part thereof in which the film let by you or with your consent for use. Unusuals accepts this granting of rights.

c. You warrant to Unusuals GmbH and its bodies that you are authorised to grant such rights and indemnify Unusuals GmbH against all claims of third parties due to illegal use of the film. If you are not the holder of the rights in any of the contents entered by you, you shall warrant that you effectively obtained all required transfers of rights, licences, approvals, consents and the like. If you are not sure whether you have these authorisations we request that you obtain the required rights pursuant to clause 5.a. and 5.b. from the film maker / the film production company prior to uploading a film. In case that you violate all or any of these warranties you will indemnify Unusuals GmbH and its bodies against any liability towards third parties and keep harmless Unusuals GmbH and its bodies to the full extent.

6.     Costs and payments
The simple membership with UNUSUALS is free of costs.
The costs for the individual subscriptions can be viewed in the closed user area of UNUSUALS under the heading “Abonnements” [subscriptions] or on the web presence under “www.unusuals.net”. Subscriptions can be paid via PayPal or with the credit cards VISA or MASTERCARD. The user is obliged to effect payment in advance. In case of effective payment, the subscriptions will be immediately activated.
The costs occur regardless of whether the user actually makes use of the respective services of the subscription.

7.    Liability for defects
Defects of the services offered will be removed by UNUSUALS immediately after written comprehensible description of the error by the user, as far as this is possible. However, the user accepts that a completely faultless performance of services beyond the sphere of influence that can legally and technically be controlled by UNUSUALS is impossible. UNUSUALS shall not give any warranty for the uninterrupted availability of its services even within this sphere, especially for the faultless receipt and transmission of e-mails. However, the availability amounts at least to 95 % on annual average. What is exempted from this is any period of time in which the availability is not within the sphere of influence of UNUSUALS due to technical or other problems (e.g. fault of third parties, force majeure). Furthermore, no warranty for the correctness and completeness of the information and services of UNUSUALS shall be given.
   
8.    Termination of the contractual relationship
The contract regarding the simple membership with UNUSUALS is entered into for an unlimited period of time. It may be terminated by both parties at any time. The termination by the user shall be effected in writing, e.g. via e-mail.
The durations of individual subscriptions will be notified within the framework of the respective offer prior to conclusion of the contract.
The subscriptions end after respectively ordered period without a termination of the subscription by the user being necessary. Prior to the expiry of the subscription, the user will be informed about the forthcoming termination via e-mail. After termination of the subscriptions with costs, the services of UNUSUALS will be reduced to the gratuitous offer of the simple membership. Contents and data entered by the user will be stored but are no longer visible for the user. However, the user has the opportunity to re-activate data and films from the archive not publicly visible. The simple membership shall continue to exist if only the subscription itself is terminated.
An ordinary termination during the duration of the respective subscription is not possible, a refund of the costs of the subscription is only possible in case of breach of contract or other liability on parts of UNUSUALS.

9.    Extraordinary termination of the contractual relationship
The right to extraordinary termination of the contract remains unaffected for both parties on principle. If the user culpably violates his contractual obligations or applicable law or if justified suspicion of this is given, UNUSUAL shall be entitled to block the account and to discontinue all services immediately. A refund of remunerations of the user already paid in advance shall be excluded in this case.

UNUSUALS shall be entitled to delete the account of the user and possibly the contents used and/or addressed to him immediately in case of severe breaches of contract, especially forbidden uses (see clause 4), if the data are not needed as evidence of an illegal act of the user beyond the time of termination of the contract. UNUSUALS shall not accept any liability for data deleted due to that. Until the complete examination of the breach, the data of the user will be stored.

UNUSUALS reserves the right to make complaint of an offence in case of severe breaches of contract and possibly to claim further damages.

10.    Other liability
The content of this website was prepared diligently using reasonable precautionary measures and taking efforts for continuous review and updating. However, no liability whatsoever can be accepted for the correctness, completeness, freedom from defects and viruses, topicality and permanent availability of the contents. The same applies to damage arising due to the defectiveness of programs, services or other performance of UNUSUALS. Please protect yourself by antivirus programs and firewalls.
In case of slightly negligent violations of duties, the liability of UNUSUALS is limited to the foreseeable, direct average damage typical for the contract. To the extent that the liability of UNUSUALS is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents of UNUSUALS.
The aforementioned limitations of liability shall not apply if claims of the user under product liability or warranty exist. They shall furthermore not exist in case of injury to life, body and health of the user imputable to UNUSUALS as well as damage caused by UNUSUALS intentionally or in grossly negligent manner.
A liability for possible typing errors cannot be accepted despite greatest possible diligence on part of UNUSUALS.

UNUSUALS furthermore cannot be held responsible for incorrect statements made by the user or contents provided by the user as a review of these statements or contents is not always possible due to their scope.

Furthermore, UNUSUALS shall not accept any liability for the possible misuse of the information by other users or third parties. UNUSUALS furthermore only shall be liable for loss or the unauthorised obtaining of knowledge of e-mails or other data of the user by third parties to the extent that this is based on grossly negligent or intentional acts of UNUSUALS, its employees, its vicarious agents and/or representatives.
The aforementioned limitations of liability shall not apply if claims of the user under product liability or warranty exist. They shall furthermore not exist in case of injury to life, body and health of the user imputable to UNUSUALS as well as damage caused by UNUSUALS intentionally or in grossly negligent manner.
A liability for possible typing errors cannot be accepted despite greatest possible diligence on part of UNUSUALS.

11.    Offsetting
The user only shall be entitled to a right to offset if his counterclaims have been ascertained legally bindingly or are uncontested by UNUSUALS.

12.    Applicable law
German law under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) applies.

13.    Place of jurisdiction
If the user is a merchant within the meaning of HGB [German Commercial Code] or a public corporation, the place of business of UNUSUALS GmbH shall be agreed as place of jurisdiction for all claims in connection with the business relationship. If the user does not have a place of jurisdiction in Germany or if he relocates his residence or usual abode to a place outside the scope of validity of the German Code of Civil Procedure or if his residence or usual abode is not known as of the time of filing the action, the place of jurisdiction shall be Berlin.

14.    Final provision
If one or several of the regulations of these general terms of business are or become invalid, this shall not affect the validity of the remaining general terms of business. The invalid regulations will be replaced by the relevant statutory regulations. The same applies in case of possible gaps requiring to be filled. No oral collateral agreements have been made. The rights of the user under this agreement shall be transferable only after written consent of UNUSUALS.

UNUSUALS GmbH