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Terms and ConditionsTerms and conditions for Downloading and Streaming
18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement
1. Validity
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.
4. Registration
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.
10. Liability
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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© 2008/2009 / Mentions légales / Conditions / Protection des données / Confiance








