(last update Feb 2024)

1. Media Library General Provisions

This Platform (the “Orange Blood Platform”) isoperated by the company named in the Imprint (https://www.ktm.com/imprint) (“Platform Operator”, “We”, “Us”, “Our” or “Ours”) with the support of nxtyou GmbH.

It allows you and other users (“You”, “User”) toview, screen and – after registration – even upload content made by You.

These terms and conditions (“Terms”) apply tothe Platform and its content, including all information, material and media, inparticular text, data, photos, footage, audio-only content, recordings, videosand other moving and non-moving images and material created or contributed by You(individually and collectively the “Content”) and tools support via thePlatform (“Tools”) that we make available to Users.

By registering on Our Platform, using any Tools and/or uploading Content, You agree to be bound by these Terms. If You do not agree to these Terms, You must not use certain features of the Platform, its Tools, and/or upload any Content.

If You have any questions or comments concerning the Platform, its Tools or uploaded, You may contact Us at our contact email address privacy@ktm.com.

2. Registration and Account

In order to access certain features of the Platform, especially uploading Content, You must register. Registration as a User is only allowed if You are at least 18 years old. You are obliged to provide correct and complete information. We will provide You at Our sole discretion with a registration confirmation for the Platform via email (the"Account"). We are entitled to reject the registration of individual users without giving further reasons.

The login data You create during the registration process is intended solely for personal use and should be kept secret and safe. You are not permitted to share Your login details with third parties to allow them to use the Account via Your login, or to disclose Your login details otherwise. You are obliged to inform Us immediately on becoming aware of and/or suspecting a case of any unauthorized use, disclosure and / or misuse of Your access information or User Account.

When submitting a Ride

3. Intellectual Property Rights

All rights in and to the Platform and its Tools,in particular all texts, logos, brands, graphics, artwork, sounds, music and software (including the access software) are protected by copyright, personal rights, registered designs, patents, trademarks, service marks, design rights, database rights, trade secrets, rights of confidence and other similar rights(“IPR”) of Us or nxtyou GmbH, respectively.

By accepting these Terms and Conditions, You assignand grant exclusively to Us all rights in and to the Content upload by You. To the extent that certain rights are legally not assignable, You grant to Us the exclusive, transferable and unlimited rights (unlimited in terms of territory, time and purpose) to use the Content. You grant Us the irrevocable worldwide, perpetual, transferable and unlimited right to exploit the Content in any known or yet unknown kind of use. This includes in particular but is not limited to the following rights: the broadcasting right (e.g. free-/pay-TV, cable, satellite, Mobile TV, IP-TV/Web-TV), the right of making available to the public (download/on-demand right), the right of distribution and copying, the right of alteration, cutting, dubbing and synchronizing, the right of promotion and advertising, the merchandising right, the publishing right, the film theatre right (cinematic/exhibition/fares right), the video rights (e.g. DVD),and the right to combine the Content with other audio, visual and/or audio-visual productions. However, note that we are not obliged to actually use the uploaded Content. The exercise of the rights granted to Us hereunder, therefore, lies within our sole discretion.

You guarantee to Us that the uploaded Content does not infringe any third-party rights. Further, You agree to provide Us with all assistance as may be requested in relation to a potential infringement of third-party rights by your Content, including using best efforts to minimize the negative effect of the infringement.

You are not permitted to reproduce, copy, post, republish, transmit, record, transfer or process the Platform and Tools whether in whole or in part without Our express written permission, nor are You permitted to do or attempt anything that violates any IPR in the same. This also applies to the ideas and concepts on which the Platforms and Tools are based to the extent these are not protected at law.

4. User’s Rights and Obligations

We grant You and other Users the right to access the Platform and to use the Tools under the conditions defined herein. You may retrieve Tools from the Platform in form of non-commercial viewing, where technically allowed. However, You and other Users are not permitted to download and/or use uploaded Content.  

Indemnity

You agree to fully indemnify and hold Us, Our affiliates, officers, directors, shareholders, employees and agents harmless in respect of all liabilities, damages, claims, actions, expenses, demands or costs (including any legal fees in relation to such claim or damages) incurred by Us arising from, or in connection with, any breach or alleged breach by You of these Terms or violation of any law or infringement of third party rights.

5. Disclaimer and Limitation of Liability

5.1 You acknowledge and agree that the User access and use of the Platform and Tools are at Your own risk on an "as is" and "as available" basis and that We are not liable for any errors or omissions in any functionality of the Platform, its Tools, any availability or delivery (including without limitation whether caused by interruption, deletion, delay in operation, transmission, communication line, errors, omissions or computer virus, trojan horses, or other harmful code or script), nor any damages related thereto.

5.2 We do not warrant that the Platform, or its Tools will be error-free or uninterrupted or that defects will be corrected. We reserve the right at any time and without notice to remove the Platform, its Tools or uploaded Content (or parts thereof) for whatever reason, or to interrupt the operation of the Platform, its Tools or the Content (or parts thereof) as may be necessary to perform routine or non-routine maintenance, error correction or other changes.

5.3 We sometimes provide hyperlinks and/or advertisements to other websites that are not owned or controlled by Us. We accept no responsibility or liability for any material supplied by or contained on any third-party website which is linked from or to Our Platform. Neither are We responsible for any third party's websites and the visit of the User of such websites entirely at the own risk of the User.

5.4 Subject to paragraphs below, You agree that We, Our and Our affiliates’ employees, directors, distributors, licensors and agents shall not be liable, whether such liability arises in contract, tort (including without limitation negligence) or otherwise, for any damage, loss of data or use of data, whether direct, indirect, consequential or special and whether arising in connection with the use of or attempt to use the Platform, upload the Content or use the Tools, including any interruption or termination of Our provision of the Platform and its Tools, or inability to upload further Content even if We have been advised of the possibility of such damages occurring.

5.5 Nothing in these Terms shall limit or exclude Our liability for death or personal injury caused by Our negligence, for fraud or fraudulent misrepresentation, or for any other type of liability which cannot be limited or excluded by applicable law.

6. Termination and Suspension

6.1 You may cancel Your User Account at anytime. If You wish to cancel, You shall follow the instructions as provided in the Account settings or use the unsubscribe link in one of the emails sent as part of the existing Account. Alternatively, You can contact Us at the address given in the Imprint of this platform and cancel the Account in writing.

6.2 You agree that We may, in Our sole discretion, without the need to give reasons and without prior notice, suspend or terminate Your Account and/or access to the Platform, its Tools or Content in its entirety or in part upon written notice, if We determine or have reasonable grounds to suspect that You have breached these Terms.

6.3 All disclaimers, indemnities and exclusionsin these Terms shall survive the termination of these Terms.

7. General Provisions

The original version of the Terms is in English language. Any translated version is for Your convenience and information only. In case of disputes the English text shall prevail.

Please refer to Our Privacy Policy (hyperlink Privacy Policy) for information on how We collect, use and disclose personal information.

These Terms and any rights and licenses granted hereunder may not be transferred or assigned by You without Our express prior written consent. We may assign these Terms and any rights and licenses granted hereunder, without consent or notice, to any corporate affiliate.

We reserve the right to revise and to modify these Terms occasionally, and without giving any reason. We will inform You inreasonable time of these changes, for example notifying on Your next login. The changes are deemed to be accepted by You if You use the Platform, upload Content, use the Platform’s Tools or when You raise no objection within 30 days after the first notification in text form (i.e. at least via email). We will inform You of the possibility of objecting, the deadline and the consequences of Your inaction beforehand separately. In the event of Your objection both We and You are entitled to terminate this cooperation with immediate effect.

Each provision of these Terms shall be constructed separately and independently. The effectiveness of these Terms shall not be impaired if any provision of these Terms should be completely or partially invalid or unenforceable. In this case, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms remain in full force and effect.

These Terms shall be governed by and construed in accordance with the laws of the seat of the Platform Operator. All disputes arising out of or in connection with these Terms, including any questions regarding its existence, validity or termination, shall exclusively be settled by the court responsible for commercial matters in the country where the seat of the Platform Operator is located, without reference to its conflicts of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods shall be excluded.