Terms and Conditions
(This is a partially automatic translation of the German AGB (Terms and Conditions). In case there are any unclear phrases, please see the German AGB. As this is a German website, German law and German AGB are relevant.)
If you want to terminate your contract, please see: § 3 Statutory right of withdrawal
The portal www.super8.tv is operated and provided by
aktion.tv eK
represented by the managing director Jürgen W. Lossau
Postal address:
aktion.tv eK
Sierichstrasse 145
22299 Hamburg (Germany)
E-Mail: info(at)Super8.tv
The following terms and conditions are the legal basis for the use of our offered services:
General conditions of use of super8.tv
§1 Copyright and trademark rights
Please note that all published literary works, photographs and illustrations, videos and other content are protected by copyright. These contents are not subject to any Creative Common license, unless such is explicitly specified. A link or citation is without approval, to the extent that this is within the limits of the quote right under Section 51 UrhG (German law). For licensing rights of use, please contact us by e-mail.
§2 Liability
1.
super8.tv accepts no legal liability for the accuracy, completeness or timeliness of editorial contributions. Please note that there is also user content on our website. super8.tv is not able to check the veracity and legality of user content, corresponding entries are not on our own. If you find any infringment in third party entries, please contact info(at)super8.tv.
2.
super8.tv will endeavor, its services are always accessible. However we assume no liability. A right on constant availability is not given. super8.tv reserves the right to offer all content or parts of the offer at any time to terminate or restrict. For paid services apply additional provisions.
3.
A liability for loss of data to the user or damage to hardware or software of the user takes super8.tv only in the case of intent or gross negligence or the violation of cardinal obligations. The liability is limited to those damages which according to contract for private use by the user it is reasonably foreseeable.
4.
Prerequisite for the correct use of the super8.tv services offered is that you have access to electronic media of the latest technical standard. Please inform yourself before conclusion of the contract, if the used hardware and software the use of the services provided here.
§3 Other provisions
1.
In addition to these general terms and conditions of use apply our data protection provisions and by the law of the Federal Republic of Germany under exclusion of the CISG. The place of performance is Hamburg. Contract language is German only.
2.
Deviating conditions of the user will not be accepted. Should individual provisions of these terms and conditions be invalid, this shall not affect the validity of the other provisions. Invalid provisions are to be replaced by such that the intended meaning of the invalid provision the next. The same applies in the event of any filling vulnerable gaps.
3.
If the user is a merchant or his permanent residence abroad, Hamburg as the exclusive place of jurisdiction.
4.
super8.tv reserves the right of terms and conditions to change without notice. For billable services are subject to the specific provisions.
5.
The seller is not obliged and is not prepared on principle to participate in a dispute settlement proceeding in front super8.tv of a consumer arbitration board.
Terms of use for digital subscription
§1 Description of Services
super8.tv offers digital subscription access to premium content of this webpage. With your e-mail address and your password you have access to all articles, archives and movies on www.super8.tv.
These services are requiring registration and payment. If you use a digital subscription order, we store the contract text and send you the order confirmation by e-mail. For security reasons your order is no longer available via the Internet. Our digital subscriptions can be cancelled at any time with a period of two weeks notice. After the completion of the digital subscription period, an access to payed digital publications is only possible if you previously stored it on your device. super8.tv reserves the right to inform you about innovations within these services by a newsletter. This newsletter can be unsubscribed at any time.
§2 Conclusion of Contract
If you take a digital premium subscription, you will need to register as a user and enter your desired order data. We will immediately send you an acknowledgment of receipt with your access and contract information as well as details about your right of revocation by E-mail to. The contract comes with access to this e-mail for you states. By clicking on the E-mail in this reserved links or by entering the stored user data turn your free access.
§3 Statutory right of withdrawal
1.
If the customer is a private consumer (as per § 13 of the German Commercial Code), he/she shall be entitled to withdraw from this contract within fourteen (14) days without giving any reason for doing so. The deadline for withdrawal shall be fourteen (14) days from the date on which the customer or a third party appointed by the customer, who is not the carrier, super8.tv takes possession of the final goods delivered.
In order to exercise the statutory right of withdrawal, the customer must notify us (super8.tv, Sierichstrasse 145, 22299 Hamburg (Germany), e-Mail: abo@super8.tv) of his/her decision to withdraw from this contract in a clear declaration (e.g. by sending super8.tv a letter by mail or E-mail). The customer may use the withdrawal form template attached for this purpose; however, this is not obligatory.
The withdrawal deadline shall be deemed to be met if the customer sends the communication concerning the exercise of the right of withdrawal before the expiry of the deadline.
2.
Consequences of withdrawal
If the customer withdraws from this contract, we must reimburse any payments we have received from the customer, including delivery costs (excluding any additional costs incurred if the customer has selected a different type of delivery to the cheapest super8.tv standard delivery option offered by us) without delay, but no later than fourteen (14) days after the day on which we receive the notice of the customer’s withdrawal from this contract. We will use the same payment method the customer used for the original transaction in order to super8.tv provide the reimbursement, unless otherwise expressly agreed; under no circumstances will the customer be charged a fee for this refund. We may withhold the reimbursement until we have received the returned goods or until the customer has provided proof that he/she has returned the goods, whichever is earlier.
The super8.tv customer must return or hand over the goods to us without delay and no later than fourteen (14) days from the date on which he/she notifies us of withdrawal from this contract. The deadline is deemed to be met if the customer sends the goods before the expiry of the fourteen-day deadline. We shall bear the costs of returning the goods.
The customer shall only be liable for any diminished value of the goods if this loss in value is attributable to any use or handling of the goods which is not deemed necessary in order to super8.tv verify the condition, features and functioning of the goods.
3.
Sample Withdrawal Form
If you want to withdraw from the contract, then please fill in this form and send it back.
To super8.tv, represented by the managing director Jürgen W. Lossau, Sierichstrase 145, 22299 Hamburg (Germany), E-Mail: info(at)super8.tv.
I/We (*) want to withdraw from my/our completed contract for the purchase of the following products (*)/ the provision of the following services (*)
ordered on (*) / received on (*)
name of the consumer(s)
address of the consumer(s) the
signature of the consumer(s) (only for communication on paper)
Date
—————
(*) Delete as appropriate.
§4 Payment
The payment is made by the user in accordance with the agreed order data in advance for the desired usage period either by paypal, bank transfer, credit card (VISA, MasterCard or Diners Club), or invoice. The user comes in default with the fulfillment of this requirement if he/she does not pay within 30 days after receipt of the invoice.
§5 Contract Termination
You can cancel your contract on a digital subscription at any time with a period of two weeks notice. Subsciptions for a certain period already paid will not be refunded. The cancellation must be in writing or in text form (e.g. e-mail). Please send you cancellation to abo(at)super8.tv or super8.tv, Customer Support, Sierichstrasse 145, 22299 Hamburg (Germany).
§6 Other provisions
Also see the above general terms and conditions of use of super8.tv.
Terms and conditions for use of registrant services such as comment or reader articles
§1 Description of services
As a registered user you can use the following services: you can comment on articles as well as writing articles to the editors as well as with other users. Comments are shorter text contributions under existing articles, videos, photo series or other multimedia content. Reader articles are written texts of you that we might publish on super8.tv after previous selection, testing and possibly editorial processing.
super8.tv reserves the right to inform you about innovations within these services via newsletter. You may unsubscribe this newsletter at any time.
It shall be subject to the following conditions of use.
§2 Registration
1.
To use the services of registrant super8.tv users it requires that you are giving your e-mail address and a freely selectable personal password while registering as a user. super8.tv will send you a confirmation of registration with an activation link by e-mail. After clicking on this link registration is completed. You may change your personal password at any time.
2.
For publication of articles readers need also the indication of their full name as well as their mailing address. This is needed only for editorial questions if required.
3.
In the context of the registration a user account is created for you. This allows you to decide what kind of information you wish to disclose to other users. You can change this information at any time.
4.
You are obliged to inform super8.tv immediately if there are relevant changes of your personal informations. Only in this way we can ensure that your data is anonymous and not used improperly by third party. You may not give your password to any third party or disclose a misuse of your account by third parties. If you have reason to believe that your password could be become apparent by third, you shall inform super8.tv without delay at info(at)super8.tv.
5.
It is not allowed to use the registrant services of super8.tv for business or other commercial purposes or for sending unsolicited advertising. It is also forbidden to you to use contents or images in your profile that violate the rights of a third party and /or are against the law. You have to keep super8.tv and our staff free from claims of third parties including the costs of legal defense, to such infringement should be based. You agree that no data you send to us includes viruses, trojans or other data or programs that are likely to damage tthe hardware or software of super8.tv or third parties.
6.
The contractual relationship between you and super8.tv is concluded for an indefinite period of time and can be terminated by both parties at any time without notice. The termination of the user must be in writing or in text form (declaration by e-mail to info(at)Super8.tv or letter). In the case of permanent closure of registrants service applies the contract with you is finished without separate notice.
§3 Reader comments and articles
1.
As a registered user you can write reader comments or articles on super8.tv. Your contributions will be checked, cut and / or processed by super8.tv, as usual with letters to the editors. You are giving super8.tv the right to edit your contributions in respect of their moral law.
2.
In case of the publication of your readers articles on the homepage this will be done under your name and surname as author. Letters to the editors can also be submitted under a pseudonym. Even if super8.tv will publish letters under your pseudonym, the editorial team needs to know your full name as well as your contact data. There is no claim for publication of your contribution. super8.tv shall at any time be entitled to delete your contribution. There is also no claim for cancellation of your contributions by yourself, unless this is set by law.
3.
super8.tv may publish your reader article / contribution / comment at any time. With sending us your article /comment you are submitting a gratuitous, chronologically and geographically unrestricted and transferable right to use it. This includes any technical ability to transfer including Mobile-based services accessible to the public or make it publicly available. super8.tv is empowered to your contribution as a text file, about apps and similar applications, via API, as E-Paper, SMS, MMS, via push services, RSS feeds and social media services (e.g., via our own channels on Twitter and Facebook) or by using a previously unknown transmission and types of use to transmit. These rights of use remain unaffected by the termination of the agreement, the deletion of the user account or the deletion of the contribution. Our rights include the right of processing, in particular of reduction. The legal protection of your moral rights shall remain unaffected.
4.
The super8.tv netiquette is part of these terms and conditions. Discriminatory, racist or pornographic contributions will not be tolerated, even if it is not against the law.
You are responsible for ensuring that your contributions do not violate rights of third parties (in particular personality rights, copyright and neighboring rights, violate trademark rights) and are not against the law. It is also forbidden to set links to infringing content on third party sites. If you have any questions in an individual case, please contact us: info(at)super8.tv. The user holds super8.tv and its employees free from claims of third parties including the costs of legal defense, to such infringement should be based.
In the case of violation of our regulations super8.tv is entitled to lock or delete your user account without prior notice.
5.
Authors of letters to the editors or artciles are obliged to indicate if their contribution has already been fully or parly pblished elsewhere.
§4 Other provisions
Please notice the above mentioned general terms and conditions of use.