Between
Stellar Attracions GmbH & Co KG (Amtsgericht Köln –
HRA 24627), represented by Stellar Attractions Investment GmbH
(Amtsgericht Köln – HRB 59466), the latter one represented
by the director Dr. Marc Ludwig, Gottfried-Hagen Str. 30, 51105
Cologne, Germany, below called “FotoTV”
and
Visitors,
below called “users”.
both
contract partners are referred to as “parties”.
§1
Subject of the Contract
The
service “FotoTV” is being provided by Stellar
Attractions GmbH & Co KG (Amtsgericht Köln – HRA
24627, represented by Stellar Attractions Investment GmbH
(Amtsgericht Köln – HRB 59466), the latter one
represented by the director Dr. Marc Ludwig, Gottfried-Hagen Str.
30, 51105 Cologne, Germany, Telephone: +49 221 28512590, Email:
info@fototv.com.
The
present terms of use are valid for all services that are offered on
the website “www.fototv.com”.
At
any moment of using the website “fototv.com” the current
terms of use, as viewable by the user shall apply.
By
using and/or visiting this website the user explicitly accepts these
terms of Service, as stated herein.
§2 Services by FotoTV
FotoTV offers a wide access to information around the topic
photography. An information- and film archive, discussion boards,
RSS Feeds and a weblog are available.
The content is constantly being complemented and developed. The
users can watch over the quality of the content through the provided
evaluation and comment functions.
The access to the services is restricted by technical measures and
mechanisms (“conditional access system”) (§3).
Therefore an account, consisting of a user name and a password is
created.
Unregistered users become “guests” and have restricted
access to the provided content. Only registered users can use the
discussion boards and access the free films.
Unrestricted access to the film archive is only available to
subscribed users for the time of their charged subscription.
§3 Registration, Passwords, Use
For using FotoTV you consent to give current and complete account
during the registration process. These registration information will
be updated by you to represent the respective current state. If your
information was false, unclear or incomplete, FotoTV has the right
to interrupt your membership temporarily or permanently, delete your
account or exclude you from any current or future use.
We document the use of FotoTV by saving the IP addresses and user
names to improve our service and to protect it from abusive
utilisation. In case of suspicion of criminal activities we reserve
the right to provide the responsible law enforcement authorities
with this information, according to applicable law.
Abusive
utilisation is, among other things, understood as the circulation of
user names and/or passwords to others. The FotoTV subscription is a
personal subscription. If other people than yourself use your
account, FotoTV is entitled to terminate your subscription without
notice (§8.5). In this case we reserve the right to demand
indemnification. If you have reasons to think that your account is
being used in an abusive way, for example because someone got hold
of your password, you commit yourself to inform FotoTV immediately
about this.
FotoTV reserves the right to limit the amount of views per film and
to take films temporarily or permanently offline.
§4 Third Party Content
As a FotoTV User you can publish content in your profile, in
comments, in ratings and in the forum. You are responsible that
these contents
don't represent Advertisement or Spam (except your own personal
homepage).
are neither offensive nor abusive, pornographic, vulgar,
inappropriate to minors, racist or in any other way contrary to
law,
don't interfere with the FotoTV service or its usability (Viruses,
Script Injections, Trojans, Hacking etc.)
don't harm Third Parties' rights like patents, trademarks,
copyright, business secrets or other property rights and that you
dispose of the rights to publish them.
don't link to content that falls under the above mentioned
categories.
Violations of §4 Art. 1 i-v lead to the exclusion from FotoTV.
We reserve the right to take additional legal actions against such
violations.
By publishing content you grant us the right to digitally use it,
particularly by reproduction, publication and by making it
accessible, as well as editing or deleting it, especially but not
exclusively when it is of legally questionable character.
In case of violations of licence, competition, image, copyright or
other rights of Third Parties you release us from all claims that
may be asserted against us (see § 5.6) and you commit yourself
to support us completely in the defence against these claims,
particularly by providing information and proofs of sources and
rights.
There will be no remuneration for your publications unless
previously agreed in written form.
If you should ever cancel your FotoTV account completely, your
comments, postings and articles will be made anonymous, but not
deleted. Such deletion will only be made after naming the respective
comments and only on express wish.
§5 Accessibility, Liability and Exemption
FotoTV does explicitly not guaranty permanent availability of its
services.
Maintenance, Server Breakdowns, Network Failures and Hacker Attacks
to but name a few can lead to malfunction of the service.
Predictable interruptions will be announced and as far as possible,
will be scheduled for periods of low demand. FotoTV is not liable
for damages that occur to you or others due to a failure or
termination of the service.
FotoTV and its vicarious agents can only be held responsible for a
breach of duty if premeditate or wantonly negligent, as long as no
cardinal duty is concerned and no legal provision says otherwise.
For damages that result from negligent violations of nonessential
contractual duties all liability for oblique damages and untypical
consequential damages is excluded and its amount shall be limited to
the usual height of damages as to the contract.
You declare that you absolve FotoTV and everybody working for FotoTV
from all demands and claims that may be brought forward from third
parties in relation with content you publish on FotoTV (see §4).
The same applies for demands by third parties that result from
violations of these terms of use. This applies as well for any costs
related to legal disputes.
The FotoTV service links to external websites. We don't have any
means of controlling their content and explicitly declare that it is
not our content. Insofar we are neither responsible nor liable, nor
do we accept liability or do we guarantee for their accessibility.
We explicitly point out that these are alien statements and that we
do not recommend their use by linking to them.
You
use FotoTV on your own risk. We don't accept any liability for
damages that result from the use of FotoTV and that are not caused
by FotoTV in a premeditate or wantonly negligent way. This contains
among other things damages due to viruses, trojans, dialers, system
crashes and so on.
§6 Copyright and Trademarks
All content provided by FotoTV is protected by copyright and other
protective rights. All use of its content, even in excerpts
underlies the herein mentioned regulations and requires the previous
written consent of FotoTV.
The films that are published on FotoTV are only to be watched
through the FotoTV website. Saving them locally or handing them on
to others is strictly forbidden, not subject of the granted terms of
use and explicitly not part of the subscription.
A technical evasion of the mechanisms by which FotoTV prevents these
local copies states a severe violation of the terms of use and
allows FotoTV to cancel an account without notice and to claim for
redemption. We point out that the evasion of such a technical
measure is a criminal act according to § 108b of the German
Copyright Law and will be delated immediately.
All Trademarks that are mentioned within the service of FotoTV and
that are possibly protected by third parties underlie the
regulations of the respective Copyright or Property rights of the
registered owner without reservations. Their mere mentioning on this
internet service does not allow the conclusion that these trademarks
may not be protected by third parties rights or that they may be
used freely.
§7 Data Protection
Every time this internet service is accessed the following data will
be recorded and saved because of access- and usage control:
Account of the accessing user
Name or ID of the demanded file or content
Date and time of the demand
transferred amount of data
Error status
IP address of the demanding computer
As soon as the necessary processing time is over, the access data
will be made anonymous. The saved rest of data will exclusively be
saved for statistical purposes. No data will be passed on to third
parties neither completely nor in excerpt. No comparison with other
data bases will be performed.
If there is an option within the FotoTV service to enter personal or
business data (Email, Name, Address) this data is provided by the
user for the execution of the subscription or on a explicitly
voluntary basis. All data will be treated confidentially and won't
be passed on to third parties.
Our privacy policy can be found here.
§8 Payment, reversals, contract period, revocation and
cancellation
The payment of our subscriptions will be processed by our payment
service provider Heidelpay.
Reversals using debit entries due to objections against the payment
or due to unfunded accounts lead to service charges of 20 €,
that you have to defray. Therefore it is your responsibility to take
care that your account is balanced and that you contact us directly
in case of objections against the payment. In case of qualified
objections, that we are informed about, we can change the payment
free of charge. Therefore please get in touch with us before you
give your bank a refunding order to save unnecessary costs.
Subscription fees will be charged for the whole runtime in the
moment of subscription and the subscription can be cancelled in
consideration of the cancellation period. Prices runtimes and
cancellation periods are represented in this spreadsheet. A refund
of paid subscriptions in case of preliminary cancellation, without
regard of the reasons, is explicitly excluded.
If
the subscription is not terminated it tacitly extends for the
originally ordered runtime. At the time of prolongation the current
terms of use shall apply.
FotoTV reserves the right to terminate the subscription because of
the following important reasons:
Provision of false personal data (user data) to obtain a user
account.
Passing on of access data to third parties (see §3.3);
Violation of the virtual domestic authority and/or publication of
illegal content on FotoTV. This contains particularly abusive,
criminally relevant or for example racist comments (see §
4.1).
Evasion of technical copy protection devices (see § 6.1) and
of other technical protection devices (including Hacking, Sabotages
etc.)
Revocation:
if you are a consumer you have the right to revoke your contract
with FotoTV. The time limit for such a revocation is one month. It
starts with the receipt of the written instruction for the right of
withdrawal. To meet the time limit sending the declaration of
revocation is sufficient. It doesn't need to state any reasons and
has to be declared in text form towards FotoTV. The revocation has
to be sent to: Stellar Attractions GmbH & Co.KG, Gottfried-Hagen
Str. 30, 51105 Köln, or via E-Mail to info@fototv.com.
Your right for revocation expires if FotoTV has started the service
with your express consent before the revocation time limit has ended
or if you started the service yourself (e.g. by logging in as a
subscriber, by watching payable films etc.) In case of a successful
revocation mutually granted benefits and profits if applicable (e.g.
interests) have to be refunded. If you can't refund the received
services completely or partially or in declined condition, you may
have to pay compensation. Payments have to be made within 30 days
after sending the declaration of revocation.
Cancelation: should you want to cancel your subscription it is very simple. Click on "My Profile", click "Edit" and at the bottom of the page you can carry out the cancelation.
Unfortunately, we cannot accept cancelations by email, as cancelations must go through our billing system. Also, they can get lost on their way through the internet. If you use the abovementioned cancelation procedure you will get an automated cancellation confirmation that you should keep in your files.
§9 Final Provisions
The terms of use may be altered or amended from time to time. You
will be informed on FotoTV and by Email.
Changes are regarded as accepted if you don't disagree in written
form within 4 weeks. FotoTV will advise you of this fact explicitly
in the respective email. The objection has to arrive in our office
within one month after the receipt of the email. If you make use of
your right of objection the changes will be considered rejected and
the subscription will end immediately.
The present terms of use are subject to the laws of the Federal
Republic of Germany excluding the UN Convention on the International
Sale of Goods (CISG).
Court of jurisdiction, in case of disagreements resulting from this
contract is Cologne, Germany; this does not apply to consumers.
Should any individual provisions in the above options terms be or
become invalid, either in part or in full, or impracticable, this
will not affect the validity of the other provisions.
As of
April 19th 2007
