general terms and conditions
1. subject matter of contract and scope of application
Cinelogue is an online service for streaming selected film content that can be used via the Cinelogue website “https://cinelogue.com/”.
The following General Terms and Conditions (GTC) apply to the use of the Internet portal operated under the URL https://cinelogue.com/ (hereinafter referred to as the “Cinelogue portal”) and the video-on-demand service offered via this portal (hereinafter referred to as the “Cinelogue service”).
The provider of the Cinelogue portal and the Cinelogue service is CINELOGUE gUG, (Rehana Esmail) Karl-Marx-Straße 16, 12043 Berlin, Germany (hereinafter referred to as “Cinelogue”).
These GTC on the use of Cinelogue contain the basic rules for the user relationship between Cinelogue as provider and the users of Cinelogue (User)
They apply to all content, functions and other services that Cinelogue has made available to the user on the basis of the user relationship (subscription, free user account) through 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). As of November 05, 2023.
Any contractual terms and conditions of users that conflict with and/or deviate from these GTC 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 by Cinelogue and the Cinelogue services provided via this portal is only possible for registered users (subscribers, free users). For this purpose, it is necessary to register with Cinelogue by providing an e-mail address and a password. Registration is completed by confirming these General Terms and Conditions and Data Protection as well as age verification (AVS).
The Cinelogue service is (currently) only available to subscribers and free users worldwide and exclusively for private use.
When registering for a user account, the user is obliged to provide truthful, accurate, currently valid 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 amend these GTC at any time, either immediately or with effect for the future.
Where possible, Cinelogue will inform users of planned and necessary changes to the GTC in good time before they come into effect. If changes are made to the disadvantage of the users, they are entitled to terminate their contractual relationship with Cinelogue regarding the use of the Cinelogue service at the time the changes come into effect with a notice period of one month from receipt of the notification of the scope and time of entry into force of the respective changes. The changes will take effect for all contractual relationships that the user has not terminated in accordance with the above provision.
2.3 user contract
In order to gain access to the content offered via the Cinelogue service, the user and Cinelogue must either apply for a free user account or take out a paid subscription in each individual case. Such a “free user account” or subscription comes into existence when Cinelogue accepts a corresponding order from the user. By completing the registration process for a Cinelogue account, the user submits an offer to conclude a contract for the use of the Cinelogue service. Acceptance takes place through an express declaration by Cinelogue or through the provision of the service by Cinelogue. This does not automatically apply if age verification (AVS) is required in accordance with Section 6.
The contract is concluded in English. (Can be in German, French or Arabic).
2.4 right of refusal
The user has no right to take out a subscription or to free use without registering as a user of the Cinelogue portal.
Cinelogue is free to accept potential users and may refuse use/subscription for objective reasons (e.g. insufficient proof of age).
3. scope of services
3.1 provision of content
The Cinelogue service offers digital film and video content (international film works) that is curated and compiled on specific topics.
3.2 license of use
The content made available to the user by Cinelogue is legally protected, in particular by the applicable copyright and ancillary copyright laws.
By subscribing, the subscriber acquires a simple, non-exclusive, non-transferable, non-sublicensable right to use 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 free user is also granted such a right.
Cinelogue is entitled and also obliged vis-à-vis its licensors to prevent the retrieval of content from other territories through the use of commercially available geolocation technologies.
3.3 rights of use
The user is not granted any further rights of use to the streamed film works. In particular, the user is not entitled to edit or change 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 publicly accessible, to copy (“burn”) content onto physical media and/or to copy or transfer it to portable players.
Cinelogue is generally not liable for the content of the programs and films it offers, but assumes that its providers (e.g. the filmmakers) have submitted the programs to Cinelogue without any legal encumbrances.
4. special duties and obligations of the user
4.1 registration data
The User is obliged to provide truthful and complete answers to the information requested during registration (Section 2.1) and ordering (Section 2.3) and is responsible for entering his/her data correctly. The user must make any changes to this data themselves without delay, if possible online in their user account or in text form ([email protected]) to Cinelogue.
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. The user 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 their login name or password.
The user may not misuse the Cinelogue service; in particular, the user may
- not take any measures to circumvent the functions of the Cinelogue portal;
- use the retrieved content exclusively for retrieval in the private sphere for non-commercial purposes and only within the scope of the uses agreed upon with these GTC;
- not access the Cinelogue service through other technologies or means or from other websites, redirect it or make it publicly available through other channels;
- not to publicly perform, make publicly available, permanently and/or locally store, broadcast, edit, reproduce, distribute, publicly reproduce, advertise, support such uses or otherwise use the retrieved content in any form outside the contractually agreed purpose.
- use the retrieved content only in compliance with national and international copyright law within the scope of the rights of use granted and not to reproduce the content.
- not to remove or alter any copyright or proprietary notices for the content. The user shall protect the content from any use by unauthorized persons and from any other misuse.
- The user shall only show, allow to be shown or otherwise make available to children or adolescents content that has been approved for the respective age group.
Cinelogue expressly reserves the right to prosecute any cases of misuse or other legal violations under criminal and civil law without delay.
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 the event of a significant breach of duty by the user, as well as in the event of justified suspicion of a significant breach of duty or a breach of the law, Cinelogue is entitled to withhold the respective service or the availability of the functionality to which the breach of duty relates by immediately blocking it for the user. Cinelogue will resume the service immediately if it turns out that the suspicion was unfounded and there was no significant breach of duty by the user. Cinelogue will ensure that the user can use the agreed service in accordance with the concluded subscription. This does not affect Cinelogue’s right to terminate the contract for good cause. Clause 9.3 remains unaffected.
5. terms of payment
5.1 due date
The user (subscriber) undertakes to pay the respective usage fee for a chargeable service (in accordance with the currently valid tariffs/price list) in accordance with the following provisions. The usage fee is due immediately upon provision of the service (activation of the subscription), unless otherwise specified 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 the event of late payment, the statutory provisions apply. In the event of blocking due to significant breaches of duty in accordance with Section 4.5, the obligation to pay and the assertion of further claims due to late payment remain unaffected. The statutory provisions shall apply. It should be noted that Cinelogue is entitled to charge interest on arrears at the statutory rate in the event of late payment.
6. protection of minors
It is expressly pointed out that Cinelogue offers content that may only be made accessible to adults (so-called adult content) or only to persons over the age of 18 (closed user group) in accordance with Section 4 (2) of the Interstate Treaty on the Protection of Minors in the Media (JMStV).
Cinelogue only grants access to adult content to natural persons whose age of majority has been verified. Verification of the age of majority is carried out by registering the user via an age verification system (hereinafter referred to as “AVS”). Such registration is reserved for natural persons only.
The user is obliged not to allow persons under the age of 18 to access adult offers, in particular to secure access to adult offers to a reasonable extent against access by persons under the age of 18.
The user is fully responsible for all activities that he/she carries out via his/her user account. Cinelogue accepts no liability for misuse by third parties, provided that the use of the Cinelogue service has been properly requested, i.e. by entering the correct login name and the corresponding password. This does not apply if the user can prove that he has acted with due care and is not responsible for the misuse of his user account.
Cinelogue’s liability is generally limited to intent and gross negligence.
Cinelogue assumes that the rights holders of the licensed films have acquired and clarified all third-party rights with regard to content and persons and that the content of the programs in no way violates applicable law.
Cinelogue is not liable for any rights of third parties that may not have been obtained or licensed and is also not liable for any content of the films violating applicable laws.
Cinelogue is liable without limitation in the following cases
– for damages resulting from injury to life, limb or health caused by a breach of duty by Cinelogue, a legal representative or vicarious agent, – for damages caused by fraudulent conduct or by the absence of a quality guaranteed by Cinelogue,
– for damages caused intentionally or through gross negligence by Cinelogue, a legal representative or a vicarious agent of Cinelogue, and
– for claims by the user under the Product Liability Act.
In the event of a slightly negligent breach of material contractual obligations, Cinelogue’s liability shall be limited to the foreseeable damage typical of the contract. Essential contractual obligations are those which are necessary for the achievement of the purpose of the contract and on the fulfillment of which the contractual partner may regularly rely. Liability is otherwise excluded. If and insofar as 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 creation 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 for the use of the Cinelogue service and the Cinelogue portal at any time in writing or by e-mail without notice. The user will continue to have access to all films offered until the current payment cycle has ended. Cinelogue is entitled to terminate the contractual relationship via the user account in writing or by e-mail 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 access the content provided via the service also expires immediately. Any rights of use revert to Cinelogue with immediate effect. The User is not entitled to compensation or repayment of the fees paid for the acquired and reverting rights of use.
8.2 temporary surrender.
The contract for a usage license (Section 3.2.) ends automatically at the end of the agreed period of temporary use, without the need for a separate or additional termination.
8.3 termination for cause.
Both parties reserve the right to terminate for good cause (BGB).
9. right of withdrawal
If you take out a paid subscription, you have the following right of withdrawal:
9.1 right of withdrawal
You have the right to cancel 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 CINELOGUE gUG, Karl-Marx-Straße 16, 12043 Berlin, by means of a clear statement (e.g. a letter sent by post, by e-mail: [email protected]) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired (by post or electronically).
9.2 consequences of the withdrawal
If you withdraw from this subscription or the user agreement, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund.
9.3 early expiration of the right of revocation
Your right of withdrawal expires prematurely in the case of a contract for the delivery of digital content that is not on a physical data carrier, if you have expressly agreed that we begin with the execution of the contract before the expiry of the withdrawal period and you have confirmed your knowledge that you lose your right of withdrawal by your consent with the beginning of the execution 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 CINELOGUE gUG, Karl-Marx-Strasse 16, 12043 Berlin, e-mail: [email protected]
– I (*) hereby revoke the “contract” subscription concluded by me (*) 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.