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general terms and conditions
1. subject matter of contract and scope of application
These terms and conditions apply to the use of the Internet portal operated under the URL http://cinelogue.com/ (hereinafter referred to as “Cinelogue portal”) and the video-on-demand service offered via this portal (hereinafter referred to as “Cinelogue service”). The provider of the Cinelogue portal and the Cinelogue service is Rehana Esmail, Bessemerstraße 82, 10. OG Süd, 12103 Berlin , Germany (hereinafter referred to as “Cinelogue”).
Cinelogue provides all services in connection with the use of the Cinelogue service exclusively on the basis of these General Terms and Conditions (GTC).
Contractual terms and conditions of users that contradict and/or deviate from these Terms and Conditions are not valid, even if Cinelogue does not expressly object to them.
2. user account and user contract
2.1 user account.
The use of the functions offered via the Cinelogue portal of Cinelogue as well as the Cinelogue service provided via this portal is only possible for registered users. For this purpose, registration with Cinelogue by providing an e-mail address and a password is required. The registration is completed by confirming these terms and conditions. The user account is activated by confirming the activation link sent to the user’s email address.
When concluding a user contract for the first time (see section 2.3), the user must also provide his name and full address details and save them to his user account. If an age verification (AVS) is required for the conclusion of a user contract according to section 6, the date of birth must also be provided, which will then also be saved to the user account.
The Cinelogue service is only available to consumers from the Federal Republic of Germany, France and Great Britain and only for private use.
When registering for a user account, the user is obliged to provide true, accurate, current and complete information as specified in the registration form. The user can change his password in the settings of his user account at any time.
User accounts are non-transferable and non-inheritable.
2.2 changes to the gtc
Cinelogue reserves the right to change these GTC with effect for the future. Cinelogue will inform users about upcoming changes to the GTC in due time before they come into effect. If changes are made to the detriment of users, users are entitled to terminate their contractual relationship with Cinelogue regarding the use of the Cinelogue service at the time the changes come into effect within a period of one month from receipt of the notice regarding the scope and time of entry into force of the changes in question. The changes will be effective for all contractual relationships for which Users have not terminated in accordance with the foregoing provision. Cinelogue Service.
2.3 user contract
In order to gain access to the content offered via the Cinelogue service, the user and Cinelogue must conclude user contracts subject to a fee in each individual case. Such a usage contract is concluded when Cinelogue accepts a corresponding order of the user. The acceptance is effected by Cinelogue providing the service. This does not apply if an age verification (AVS) is necessary according to section 6. The user will be informed about the necessity of an age verification before placing his order. If age verification is necessary, the contract is only concluded after the AVS process has been completed.
2.4 right of refusal
The user is not entitled to the conclusion of a contract and registration as a user of the Cinelogue portal or to the conclusion of a user contract in individual cases.
3. scope of services
3.1 provision of content
The Cinelogue service offers digital video content (movies, video clips, etc.) curated and compiled on specific topics. The user can then decide to order the curated package or individual content from it.
After the conclusion of the user contract, the user receives the ordered content for individual access via the Cinelogue service. The user’s right of use expires at the end of the agreed period of use. In any case, all contents are subject to the limited license of use listed below.
3.2 license of use
The contents provided by Cinelogue to the User are legally protected, in particular by copyright and ancillary copyright.
By concluding a license agreement, the User acquires the non-exclusive, non-transferable, non-sublicensable right to use the ordered content for a limited period of time by way of individual retrieval via the Cinelogue service in the non-public area exclusively for private, non-commercial purposes, taking into account the other provisions of the contractual relationship.
The rights of use granted to the user under this contractual relationship are in principle geographically limited for retrieval from the territories in which the user has the residential address specified in his user account. Cinelogue is entitled and also obligated vis-à-vis its licensors to prevent the retrieval of the content from other territories by using commercially available geolocation technologies.
Based on Regulation (EU) 2017/1128 of the European Parliament and of the Council of 14.06.2017 on cross-border portability of online content services in the internal market as of 01.04. 2018, the usage license for users from the European Union also includes the use of the service during a temporary stay of the user in a Member State of the European Union other than his Member State of residence, provided that the requirements listed in Regulation (EU) 2017/1128 for this purpose are met and the user previously tolerates and enables the (also repeated) verification of his Member State of residence in accordance with Regulation (EU) 2017/1128 and Cinelogue’s data protection provisions. It is noted that the quality of the service in other European countries may vary negatively compared to the domestic quality. Cinelogue expressly does not guarantee a specific quality of its services in other European countries.
3.3 rights of use
The User shall not be granted any further rights of use. In particular, he/she shall not be entitled to edit or modify the content in any way, to make copies of the content outside the limits of section 3.2, to make the content available to third parties or to make it publicly accessible, to copy content onto physical media (to “burn”) and/or to copy or transfer it to portable playback devices.
4. special duties and obligations of the user
4.1 registration data
The User is obligated to truthfully answer the information requested during registration (section 2.1) and ordering (section 2.3) and is responsible for the correct entry of his/her data. Changes to this data must be made immediately by the User himself/herself, if possible, online in his/her user account or communicated to Cinelogue in text form (email@example.com).
4.2 misuse of the service
The user must ensure that his user account is only used by himself and must keep his login name and password secret for this purpose. He/she is obliged to inform Cinelogue immediately as soon as he/she becomes aware that the Cinelogue service is being used by an unauthorized third party using his/her login name or password.
The user may not misuse the Cinelogue service; in particular, he/she may
Cinelogue expressly reserves the right to prosecute cases of abuse under criminal and civil law.
The user agrees to refrain from marketing access to the Cinelogue portal or the Cinelogue service, especially via other online offers.
4.3 right of withholding, blocking
In case of a significant breach of duty by the user as well as in case of reasonable suspicion of a significant breach of duty, Cinelogue is entitled to withhold the respective service or the availability of the functionality to which the breach relates by blocking it for the user. Cinelogue will immediately resume the service if it turns out that the suspicions were unfounded and that there was no significant breach of duty by the user. Cinelogue will ensure that the user can use the agreed service according to the agreement in the user contract. Cinelogue’s right to terminate for cause remains unaffected. Section 9.3 remains unaffected.
5. terms of payment
5.1 due date
The User undertakes to pay the respective usage fee for a chargeable service in accordance with the following provisions. The usage fee shall become due immediately upon provision of the service, unless otherwise stipulated below.
5.2 means of payment
Payment of the fees can only be made by means of payment approved by Cinelogue.
5.3 default of payment
In case of default of payment, the legal regulations apply. In case of blocking due to significant breaches of duty according to section 4.5, the obligation to pay as well as the assertion of further claims due to default of payment continue to exist.
6. protection of minors
Cinelogue only offers content that may only be made accessible to adults (so-called adult content) according to § 4 Section 2 of the Interstate Treaty on the Protection of Minors in the Media (JMStV) to persons over the age of 18 (closed user group).
Cinelogue grants access to adult offers only to natural persons whose age of majority has been verified. The verification of the age of majority is done by the user’s registration through an age verification system (hereinafter referred to as “AVS”). Such registration is reserved for natural persons only.
The user is obligated not to assist persons under the age of 18 in accessing adult offers, in particular to secure access to adult offers to a reasonable extent before persons under the age of 18 can access them.
The user is fully responsible for all activities carried out through his user account. Cinelogue assumes no liability for misuse by third parties, provided that the use of the Cinelogue service was properly claimed, i.e. by entering the correct login name and the corresponding password. This does not apply if the user can prove that he is not responsible for the misuse of his user account.
Cinelogue is liable without limitation
– for damages resulting from injury to life, body and health, which are based on a breach of duty by Cinelogue, a legal representative or vicarious agent, – for damages resulting from fraudulent conduct or due to the absence of a quality warranted by Cinelogue,
– for damages caused intentionally or by gross negligence by Cinelogue, a legal representative or vicarious agent of Cinelogue, and
– for claims of the user according to the product liability law.
In case of slightly negligent breach of essential contractual obligations, Cinelogue’s liability is limited to the amount of damages typically foreseeable under the contract. Essential contractual obligations are those that are necessary for the achievement of the purpose of the contract and on whose compliance the contractual partner may regularly rely. In all other respects liability is excluded. If and to the extent that liability is excluded, this also applies to the personal liability of Cinelogue’s employees, representatives and vicarious agents.
8. term and termination of the contracts
8.1 term of notice
The establishment of a user account on the Cinelogue portal is for an indefinite period of time. The user may terminate the legal relationship established with Cinelogue regarding the use of the Cinelogue service and the Cinelogue portal at any time without notice. Cinelogue is entitled to terminate the contractual relationship with the user account with a notice period of 4 weeks to the end of the month.
Upon termination of the user account contract, the user’s right to use the Cinelogue service and to retrieve the content provided via the service also expires. Any rights of use revert to Cinelogue. The user has no claim to compensation or repayment of any fees paid for the acquired and reverting rights of use.
8.2 temporary surrender.
The agreement on a license to use (Section 3.2.) shall terminate automatically upon expiration of the temporary surrender without any notice of termination being required.
8.3 termination for cause.
Both parties reserve the right to terminate for good cause.
9. right of withdrawal
You have the following right of withdrawal when concluding a usage contract for which a fee is charged:
9.1 right of withdrawal
You have the right to revoke this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract. To exercise your right of withdrawal, you must inform Rehana Esmail, Karl-Marx-Strasse 16, 12043 Berlin, by means of a clear statement (e.g. a letter sent by mail, by e-mail: firstname.lastname@example.org about your decision to withdraw from this contract. For this purpose, you may use the enclosed sample revocation form, which, however, is not mandatory. To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
9.2 consequences of the withdrawal
If you withdraw from this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
9.3 early expiration of the right of revocation
Your right of revocation shall expire early in the case of a contract for the delivery of digital content that is not on a physical data carrier if you have expressly consented to us commencing performance of the contract before the expiry of the revocation period and you have confirmed your knowledge that you lose your right of revocation through your consent with the commencement of performance of the contract.
9.4 model cancellation form
(If you want to withdraw from the contract, please fill out this form and send it back).
– To Rehana Esmail, Karl-Marx-Strasse 16, 12043 Berlin, e-mail: email@example.com
– I/we (*) hereby withdraw from the contract concluded by me/us (*) for the provision of the following service (*)
– Ordered on (*)/received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of consumer(s) (only in case of paper communication)
(*) Delete where not applicable.
10. online dispute resolution
In case of complaints about Cinelogue, the user can contact the European platform for online dispute resolution in consumer matters at any time: http://ec.europa.eu/consumers/odr/.
We would like to point out to the user that Cinelogue is not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.
11.1 applicable Law
All legal relations between Cinelogue and the User are governed exclusively by the laws of the Federal Republic of Germany applicable to legal relations between domestic parties, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the country in which the User has his habitual residence and in which Cinelogue carries out its activities or to which Cinelogue directs its activities remain unaffected.
11.2 severability clause
Should one or more clauses of these GTC be invalid in whole or in part, this shall not affect the validity of the remaining provisions.