General Conditions of Use for the Royalspirit.TV Website
The website www.royalspirit.tv makes information and data as well as, through hyperlinks (Internet links), information given by other websites available. Such information and data are made available for information purposes only, while up-to-dateness, correctness or completeness of the information may not be relied on.
- Scope of the General Conditions of Use
1.1. Scope of Application: royalspirit.tv is an Internet offer by Royal Spirit Media GmbH, Schillerstr. 19, DE-76530 Baden-Baden (hereinafter “royalspirit.tv”), e-mail: email@example.com. The following General Conditions of Use shall apply to any and all legal relationships between Royal Spirit Media GmbH, hereinafter “Provider”, and the users of the online offer royalspirit.tv, hereinafter “User”.
1.2. Unless otherwise provided for by more specific terms, the General Conditions of Use shall apply to all non-recurring and continuous services.
1.3. Terms and conditions of the User which are contrary to or deviating from these General Conditions of Use shall be ineffective.
1.5. The General Conditions of Use as well as any and all modifications or amendments may be called up on the Internet and printed out.
2.1. Via the royalspirit-tv website, we offer motion pictures, contents and information on the topics ‘Luxury and Lifestyle’ for viewing on the online TV channel ‘royalspirit TV’ as well as programmes “What is luxury” and “Elite today” (hereinafter called Contents). These Contents shall, as a rule, be freely available for everybody under the proviso of the applicability of the following General Conditions of Use. For particular Contents, a registration by the User shall be necessary.
2.2. The Provider shall be free in the design of the Contents and shall at any time be entitled to amend, limit, extend or completely cease to render its service. When rendering its services, the Provider shall be free to have them rendered by third parties of its choice.
2.3. The Internet sites shall not be destined for persons resident in countries prohibiting the provision or, as the case may be, the calling of the Contents placed thereon. Every User shall bear the responsibility to inform himself or herself about restrictions, if any, applicable prior to calling these websites and to comply with them.
2.4. The Provider explicitly waives any – explicit or implicit – warranty with respect to the correctness, completeness, reliability, up-to-dateness and usability of the Contents called-up.
2.5. The Provider shall make efforts to keep the service available at any time. Nevertheless, the User shall not have any rights with respect to a continuous availability and trouble-free operation of the Provider’s services.
- Access to the Offer and Newsletter
In order to get access to the Contents and offers subject to registration and in order to receive the newsletter, the User must register himself or herself by entering the requested data in the entry mask. The entitlement shall be given to the User personally and must not be assigned or transferred.
- Duties of the User
4.1. The User shall be obliged to use the service of the Provider properly. The User shall particularly: refrain from using the possibilities to access the service in a legally abusive way, especially from using them contrary to the General Conditions of Use, and shall respect statutory provisions and rights of third parties; comply with the obligations arising from privacy provisions in order to protect the data; when appropriate, check e-mails and enquiries sent by the Provider or, as the case may be, by the cooperation partner with the greatest possible care for viruses; comply with statutory, governmental and technical instructions and provisions.
4.2. The Provider reserves the right to pursue any suspicion of an abusive use or a material contract infringement, to take corresponding measures and, in case of a justified suspicion, to block the access by the User to the Contents, when appropriate, at least until the suspicion has been removed by the User, and/or to terminate the contractual relationship without notice, when appropriate, in case of particularly serious infringements. In the event that the User removes the suspicion, a blocking will be cancelled.
4.3. In the case described above, the User shall be obliged to compensate for the damage resulting from such a breach of duty.
- Copyright / Scope of Use
5.1. The Contents offered by the Provider via the website shall be protected by copyright. The use of the Contents shall be subject to the applicable copyright law. This website must not be changed, copied, republished, transferred, distributed or stored without the consent of the Provider. The material may exclusively be used for private, non-commercial purposes by taking the copyrights into due account. Especially for software, directories, data and their contents, as made available by the Provider for downloading, a non-exclusive and non-transferable licence limited to a non-recurring download and storage shall be granted. Any rights going beyond what has been said above shall remain the property of the Provider. As a consequence, a sale and any kind of commercial use shall be inadmissible. The Provider shall not be liable for interruptions with respect to the quality of the access due to force majeure or due to incidents the Provider cannot be made liable for, including a failure of communication networks and gateways. The Provider shall not assume any warranty for an uninterrupted and error-free operation of the Internet site and for the rectification of faults. Likewise, no warranty shall be assumed for the correctness of the Contents of the Internet site.
5.2. Any further uses (including, but not limited to a reproduction for commercial purposes, inclusive of archiving, as well as a letting to or processing by third parties for own purposes or those of third parties or a communication to the public or a translation, editing, arrangement or other adaptations) shall be subject to the prior written consent of the Provider.
5.3. The User shall not be permitted to remove copyright notices, trademarks or other legal reservations included in the data. He or she shall be obliged to ensure the recognition of the authorship.
6.1. The Provider shall not be liable for Contents and programmes distributed on the Provider’s website or for any damage arising therefrom, unless such damage is caused with intent or with gross negligence. This shall apply to any kind of damage, including damage that may arise due to faults, delays or interruptions during transfer, in case of failures of technical facilities or of the service, incorrect Contents, loss or deletion of data, viruses or due to any other reason occurring in the course of the use of this online offer. The Provider Car shall not assume any liability for the Contents, the faultlessness, lawfulness and functionality of Internet sites of third parties referred to through links placed on the Provider’s Internet site. The visit of pages via links shall take place at the User’s own risk.
6.2. The right to claim damages shall become statute-barred within a term of 6 months after expiry of the year during which the respective claim came into existence and the User obtained knowledge or, without the presence of gross negligence, ought to have obtained knowledge of the circumstances giving rise to the claim and of the damaging party.
- Place of Performance, Jurisdiction
Exclusive place of performance and jurisdiction shall, to the legally admissible extent, be Baden-Baden, Germany.
- Data Protection
The Provider undertakes to comply with statutory data protection regulations. In this context, reference is made to our Datenschutzbestimmungen.
For any further questions or complaints, please contact the following address: Royal Spirit Media GmbH, Schillerstr. 19, DE-76530 Baden-Baden, firstname.lastname@example.org.
The Provider shall be entitled to exclude a User for good cause from the access to Contents subject to registration. This right of the Provider shall particularly exist if: the User continues to infringe essential provisions of these General Conditions of Use despite of having received a reminder in this respect; the User commits a wrongful act towards third parties by using the Provider’s offer or, as the case may be, the payment systems for illegal purposes or for annoying third parties.
- Applicable Law, Effectiveness, Written Form Requirement
11.1 The applicable law shall be the German law, except for the UN Sales Convention.
11.2. If individual contractual provisions are or become totally or partially ineffective, the other provisions of the contract shall remain unaffected. In the event of an ineffectiveness, the contract parties shall agree upon a legally effective substitute provision coming as close as possible to the economic purpose of the ineffective provision. The same shall apply in the event that a gap in this contract is revealed.
11.3. Oral subsidiary agreements have not been made.
11.4. Any information, consent, notice or enquiry concerning these General Conditions of Use as well as any modification or amendment to these General Conditions of Use, inclusive of this clause, shall be subject to writing. The written form requirement shall be deemed to have been fulfilled when sending e-mails or fax messages or clicking the corresponding buttons.
11.5 Deviations from these General Conditions of Use or other general conditions of use shall be deemed to have been agreed upon only if the Provider has given its explicit written consent thereto. The mere absence of an objection against other general conditions of use on the part of the Provider shall in no case result in an applicability of or agreement on such other terms.
11.6. The Provider shall at any time be entitled to modify or amend these General Conditions of Use. The Provider shall give the User notice of any modification or amendment in due time. The User shall be deemed to have agreed to a modification or an amendment, unless he or she objects within one month after receipt of the aforementioned notice or terminates the contract. In case of an objection on the part of the User, the Provider shall be entitled to terminate the contract by observing the period of notice. When rendering information on the modification or amendment, the Provider shall draw particular attention on the User’s option to object to such modification or amendment or to terminate the contract, on the period of notice and on the legal consequences, especially with respect to an omitted objection. By means of the notice on a modification or an amendment, the User shall be deemed to have received a termination for convenience on the part of the Provider that shall be subject to the condition preceding that the User objects to the modification or amendment.
11.7. Within the framework of a modification or amendment of the General Conditions of Use, the Provider shall in case of an ineffectiveness of a provision particularly be entitled to supplement or replace it with binding effect on existing contracts; in the event of a change of statutory provisions or supreme court decisions, if such change affects one or more regulations concerning the contractual relationship, to adjust such provision in a way that the relationship comes up to the purpose of the changed legal situation, always provided that the User is not disadvantaged due to the new or, as the case may be, changed provision when compared with the original one.