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Terms and Conditions
Terms and conditions for Downloading and Streaming
18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement
By registering the user agrees with the following „Terms and Conditions“. Should the user not agree with the terms and conditions of this registration, he/she must abstain from it. Persons, who have not reached the age of majority in the jurisdiction where they reside, are excluded from completing the registration. On the website the user can watch videos of his/her choice. After the registration and under these terms, the user has the possibility to access the offered films online and/or use them privately and for non commercial purposes. The host is responsible for this platform and its content.
Contractual partners are the host and the user.
3. Subject matter of the contract
The contract between the host and the user includes the fee for downloading and/or streaming of digital content. The contract comes into effect when the host accepts the download or the order of the registered user and provides the user with the requested service. When necessary, the host reserves the right to refuse the requested service.
Prerequisite for the use of the host's service, is that the user must be registered. The registered user gets a permanent account. With the registration the user has the right to use the host's service. The user has the right to cancel his/her account anytime.
5. Account cancellation
The contractual relationship can be cancelled by the user or the host at any time by written notice. Once the user has terminated his/her account with the host, he/she no longer has the possibility to access the downloading area nor the possibility to download new films. Both parties hold the right to cancel the contract when an issue in the contract is no longer executable for an important reason. An outstanding duty of payment on behalf of the user remains unaffected.
6. Minimum system requirements
To be able to make use of the service, it is necessary for the user to have access to the internet. That is no concern of this contract. The user is responsible for the cost of the internet connection. The user is responsible for meeting the system requirements necessary for the use of the service. The host takes no responsibility or liability for interferences with the use of the service due to missing or insufficient system requirements. For the use of the service it is also necessary to have a Windows operating system and a web browser. The use is also possible with Mac or Linux operative systems. To watch the films it is necessary to have Windows Media Player for the WMV file format, a Flash Player for the FLV file format and VLC Player for the MP4 file format. For MP4 videos it is absolutely necessary to have Flash Player version 9.0.115. Links for the needed players can be found on our website.
7. Rights of use
The host grants the user a non-exclusive and non sublicenceable limited right to use the films. The user can download the film onto its hardrive, and make only one backup copy on DVD, as far as it is not a stream. Streamed material should not be saved. In this regard, no technical solutions are offered. The user does not receive any further rights of use from the host. The user does not have the right to work over the offered material, to make copies over the maximum permitted amount, lend, or make it publicly available. Furthermore, the user must not make use of the downloaded material for profit. The user has no claim on any of the content. Any use of the movies that exceeds the above rights of use, constitutes a copyright infringement, which will be prosecuted. The content may not be offered to children or teenagers, i.e., make unavailable.
8. User fee
The fees depend on the film to be chosen. The user has the possibility to download or stream the material for a defined period of time. The payment to the host is made via an external payment provider. On the payment portal, the user has the option to choose among different payment methods, such as credit cards, debit or voucher. After that, the user provides the host with its personal information (name, address, date of birth, email) as well as its preferred method of payment. The payment of the services is directly linked to the price of a single film which is provided by the host with the use of coins. Refunds of account assets are generally excluded. The prices apply at the time of the contract conclusion. The user bears the cost of indebted debit notes or other missed entries. The user bears likewise the cost of missed credit card payments. In the case of delayed payments, the statutory periods are appliable. In case of a suspension of the user by the host, the payment of the remaining balance by the user is still obligatory. The payment obligation of the user goes also for the usage fees, which are originated by third parties who have unauthorized access to the user's account and available content of the host under the usage of the password retrieved by the user. The user is committed to make the material of the host unavailable to people less than 18 years of age. Should the user have attained positive knowledge that third parties or persons under 18 years of age are using his access data, he/she must immediately obtain a new password.
9. Right of withdrawal and following notice of cancellation
The user can cancel his contract within two weeks without providing any written reason (e.g. letter, Fax, E-mail). The respite begins the earliest when this notification has been received. Punctual dispatch of the revocation suffices to comply with the time limit of it. In case of an effective revocation both parts are to return the received benefits (e.g. interest). The right of withdrawal of the customer aborts if the host start carrying out with consent or initiation of the customer before the period of cancellation has ended, e.g. in the case of starting with a download or streaming of the purchased content.
The host is liable for personal damages. For other damages, the host is liable only if the host or one of its auxiliary has infringed based in substantial facts against the contract. Cardinal obligation applies if the contract purpose is in a way endangered, neglected or the damage hurts cardinal obligations or if the resolution by any of the above is made by the host or any of its executive aides. If a culpable violation of a cardinal requirement is not grossly negligent or intentional, then the liability of the host is bounded for such typical damages, which were to be foreseeable for the host at the time of the contract conclusion under reasonable criteria. This limitation of liability applies to contractual and extra-contractual claims. The liability due to compellable statutory provisions stays unaffected.
11. Data protection
The host commits itself to keep the regulations in the context of legal data security defaults. Personal data; by which one understands single specifications over personal or material conditions of a certain or assignable natural person, designated in the law as the person is concerned. By personal data the host understands; identity information of the user, like name, E-mail address and date of birth. This information is necessary in order to be able to service the user. This personal data of the user is not sold or past on further to third parties for any economical reason. Detailed data is however, collected, stored and processed. Subsequently, this data is evaluated in order to always be able to improve the service. In addition, internal evaluations are made for statistic purposes. These evaluations take place in an anonymized manner, i.e. no personal data is used.
12. Final clause
The host is entitled to assign third providers or assignees to contribute in parts or the whole achievement of the service. Spanish laws under exclusion of the UN- Sales Law do apply to all legal relations between the host and the user. If the user is a businessman or a legal entity of public laws, then Malaga is the area of jurisdiction agreed upon. If individual regulations of the present treaty should prove as invalid, then thereby, the validity of the contract remains untouched. In such a case the contracting parties are committed to change the invalid clause into a clause permitted by law, which describes in particular what the contracting parties have wanted or it should approach as close as possible to what the individuals themselves have wanted. The latter still applies if at the time of the execution a loophole comes into effect.
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