Terms And Conditions

Scope

1.1 The scope of these Terms and Conditions for JustWatch Partner Widgets (hereinafter Widget T&C) is the use of the JustWatch Partner Widget (hereinafter “Widget”), as described within the respective JustWatch documentation (hereinafter “Documentation”) provided by JustWatch to the user of the Widget (hereinafter “User”).

1.2 The Widget T&C regulate any referred to the T&C contractual relationships between JustWatch and the User of the Widget.

1.3 JustWatch may modify the Widget T&C from time to time and such updated terms, once posted in the Documentation, shall govern.

2.1 The use of the Widget is described in detail within the Documentation.

2.2 User shall be granted a non-exclusive, non-transferable and revocable right to use the Widget. The Widget shall only be used on User’s apps and websites.

2.3 The Widget is provided “as is” and “as available” without warranty of any kind, either express or implied. JustWatch expressly disclaims all representations and warranties, including the implied warranties of merchantability, fitness for a particular purpose, availability, security, ownership and non-infringement.

2.4 JustWatch does not warrant that the Widget is free of inaccuracies, errors, bugs or interruptions or that it is reliable, flawless, complete or otherwise valid. JustWatch does not warrant that the Widget will meet the User’s requirements, will be available without interruption, or that the results from its use will be accurate or reliable, the quality of the products, services, information or other materials received through the Widget meets Users´s expectations, and errors regarding the Widget are corrected. Use of the Widget is at Users’s sole discretion and risk. User is solely responsible for any damages resulting from its use of the Widget, including damage to its system or loss of data.

2.5 JustWatch can disable the use of the widget at any time without notice and without giving any reason.

Liability

3.1 JustWatch excludes any liability to the extent permitted for indirect or incidental damages, consequential damages, lost profits, quantifiable pecuniary losses arising out of or in connection with the use of the Widget, whether such damages are due to breach of contract, breach of warranty or tort (including without limitation negligence and product liability), or for any other financial loss. It is irrelevant whether or not User has been advised of the possibility of such damages.

3.2 This limitation of liability does not apply to intent or gross negligence or to damages based on his injury to life, body or health.

3.3 The Widget links to websites of third parties, on whose contents JustWatch has no influence. Therefore, JustWatch cannot take any responsibility for these external contents. The respective provider or operator of the website is always responsible for the content. The linked websites were checked for possible legal violations at the time of linking and illegal contents were not recognizable.

However, a permanent control of the contents of the linked websites is not reasonable without concrete evidence of a violation of the law. If JustWatch becomes aware of any infringements, we will remove such links immediately.

4.1 The contents and works of the websites, the Widget links to, which can be the JustWatch platforms but also websites from third parties such as legal VOD services (hereinafter “Websites”), are subject to German copyright law. Duplication, processing, distribution, or any form of commercialization of such material beyond the scope of the copyright law shall require the prior written consent of its respective author or creator. Downloads and copies are only permitted for private, non-commercial use. Insofar as the content of the Websites was not created by the operator, the copyrights of third parties are respected. Should the User become aware of a copyright infringement, please inform JustWatch accordingly. If we become aware of any infringements on the JustWatch Plattform, we will remove such content immediately.

4.2 When using the Widget, the User must brand it accordingly with the given JustWatch logo, unless otherwise agreed upon. The User is not allowed to use JustWatch’s name, trademarks and logos outside the widget and for other purposes without the written permission of JustWatch.

Confidentiality

5.1. “Confidential Information” shall be all information and documents of the respective other Party which are marked as confidential or are to be regarded as confidential due to the circumstances, in particular information on operational processes, business relations and know-how.

5.2 The Parties agree to maintain confidentiality about such Confidential Information. The Parties shall treat all Confidential Information with at least the same care as their own information of the same kind. Items shall be stored and secured in such a way that knowledge and misuse by third parties are excluded. The obligations apply in particular to software and data. This obligation shall continue for a period of two years after termination of the Agreement.

5.3 Excluded from this obligation is such Confidential Information,

which was demonstrably already known to the receiving Party at the time of conclusion of the Agreement or which subsequently becomes known to the receiving Party from a third party without violating a confidentiality agreement, statutory provisions or official orders;
which are public knowledge at the time of conclusion of the Agreement or are made public thereafter, insofar as this is not based on a breach of this Agreement;
which must be disclosed due to legal obligations or by order of a court or authority. To the extent permissible and possible, the receiving Party obligated to disclose shall notify the other Party in advance and provide the other Party with an opportunity to oppose such disclosure.

5.4 The Parties will provide access to Confidential Information only to those employees who have been given prior obligations equivalent to the confidentiality obligations of this Agreement. Furthermore, the Parties shall only disclose the Confidential Information to those employees who need to know it for the performance of this Agreement and shall also oblige these employees to maintain confidentiality to the extent permissible under employment law for the period after their departure.

5.5 The receiving Party is prohibited from obtaining Confidential Information by way of reverse engineering. “Reverse Engineering” shall mean all actions, including observing, testing, examining, reassembling and, if necessary, reassembling, with the aim of obtaining Confidential Information.

Data Protection

JustWatch is not responsible for the personal data collected on the User’s website where the Widget is embedded. The User, as the service provider of the respective Website, is the responsible Controller according to the GDPR. No personal data according to the GDPR is collected via the Widget itself. A detailed description of the processing of personal data by JustWatch is included in JustWatch Privacy Policy.

Other

7.1 This agreement shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all disputes arising from this agreement is Berlin.

7.2 There are no verbal ancillary agreements regarding the Widget T&C. Amendments or supplements must be made in writing (text form/E-Mail is sufficient) in order to be effective. The same shall apply to any waiver of this written form requirement.

7.3 The applicability of any general terms and conditions of the User is expressly excluded.

7.4 Should individual provisions of the Widget T&C be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions of the Widget T&C. The parties shall endeavor to replace the invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the invalid or unenforceable provision in economic terms. The same shall apply in the event of a gap in the Widget T&C.