Clause 1 - Scope
The following terms and conditions of use apply to the owner-and-user relationship between us, BlackCap Media GmbH & Co. KG, Kettelerstr. 3-11, 97222 Rimpar, Germany, (hereinafter referred to as "BlackCap Media" or "we/ us") as the operator of the FelixAndCharly.com web portal (hereinafter referred to as "FelixAndCharly"), and the users of FelixAndCharly. We offer the content and services available at FelixAndCharly solely to private individuals. The use of FelixAndCharly’ functions and features for commercial purposes is not permitted.
Clause 2 - Subject of the Contract and Portal Use
1. FelixAndCharly is an Internet platform offering an entertainment service to registered users. FelixAndCharly provides short stories in messenger form to its users. The materials displayed for this service include, but are not limited to, text, graphics, videos, music and pictures (in the following “content”). They can be accessed, read and shared via social services like Facebook, google+, instagram, whatsapp, etc. using mobile or desktop browsers. We may also offer our users the possibility of exchanging information and making contact with other users.
2. We are constantly working on optimizing our products and services. We therefore reserve the right to add or remove functions and features and, where appropriate, to introduce restrictions on our services. Users can end their use of the services at any time.
3. To access the FelixAndCharly Internet platform, the user must enter into a contract of use with BlackCap Media in accordance with Clause 4 of these terms and conditions of use.
4. The user can access the services and content we offer on FelixAndCharly free of charge with certain restrictions e.g. the display of advertisements. For unrestricted access to all content we offer our users a premium subscription for valuable consideration according to Clause 7.
5. To use the FelixAndCharly service and get access to content, users need to be registered and logged in to their account and to have agreed to our terms and conditions of use.
Clause 3 - Prerequisites for Use
1. Only users who are over 18 years of age are entitled to register and avail themselves of the services offered on the FelixAndCharly portal. By confirming these terms and conditions of use, the user expressly warrants this to be the case.
2. The user shall confirm that he or she has provided truthful information about himself or herself when registering with FelixAndCharly and has not registered using a false identity.
3. No user may have more than one user account on FelixAndCharly. You are not allowed to share your user account or user details with other persons or transfer your user account to another person except a FelixAndCharly function in your premium account explicitly allows you to do so. In this case, you must comply with the restrictions set forth for such a sharing in the respective description of the function.
4. There shall be no legal entitlement to use FelixAndCharly, as we may exclude our users at any time during the owner-and-user relationship in accordance with Clause 9 without giving reasons, particularly if they have posted inadmissible content pursuant to Clause 8 or provided incorrect information in respect of their identity when registering with FelixAndCharly. We also reserve the right to block access to FelixAndCharly from different countries to our sole discretion. In case of registered users from any such country, the respective owner-and-user relationship will be terminated in accordance with Clause 9.
Clause 4 - Registration and Contract Formation
By making the FelixAndCharly Portal available, BlackCap Media shall submit an offer to enter into a contract of use. By registering with FelixAndCharly witch his email address and accepting these terms and conditions of use, as amended, the user shall accept the offer.
Clause 5 - User Data
1. The user shall take all necessary measures to ensure that his or her password remains secret. He or she will be liable for any unauthorized use of his or her user data unless he or she proves that we were responsible for the misuse.
2. If we become aware of, or have grounds for suspecting, any misuse of user name or password, we will be entitled to take the necessary measures, including, in particular, temporarily blocking or closing access.
Clause 6 - Information Requirements
The contract text shall not be stored, and the contract language shall be English. The user may use the familiar functions provided by a corresponding browser to correct or delete his or her details prior to confirming the terms and conditions of use.
Clause 7 - Costs of Service
Clause 8 - User’s Obligations
1. The user shall not use the service of FelixAndCharly in any way that
a. is distributing advertising disguised as a field report or any kind of “spam”,
b. is unobjective, deliberately untrue, defamatory, derogatory, slanderous, morally objectionable, racist, designed to glorify violence or pornographic, or constitutes some other criminal offence,
c. infringes any law, regulation or third-party right, particularly patent, copyright, trademark or other property rights,
d. violates the security of the service or any computer or network or security measure or interferes with the proper working of such,
e. may infringe third-party personality rights, particularly the right to informational self-determination.
2. The user shall undertake not to link to external commercial offerings or launch advertising unless such advertising involves our collaborative or advertising partners.
3. The user shall ensure that he or she has all rights in respect of the publication of content made available by him and shall grant FelixAndCharly the non-exclusive right, unrestricted as to space, to use and exploit such content. This granting of rights of use shall include the conclusive right to modify, translate and copy the user’s content on the portal and to make it publicly accessible. Publication elsewhere of the content transferred by the user shall not be permitted. The right of use granted is free of charge, perpetual, worldwide valid and can be sublicensed by us.
4. If the user violates this obligation, we expressly reserve the right, without any separate notification, to change or delete the user’s content in whole or in part or to stop publication temporarily or permanently unless the user proves that the violation was beyond his or her control or has otherwise occurred through no fault of his or her own.
5. The service and content of FelixAndCharly is subject to copyright and/ or intellectual property laws. The user is not allowed to perform any actions regarding the content of FelixAndCharly other than reading and letting it run. He is especially prohibited to download, upload, copy, reproduce, translate, distribute, broadcast, transmit, publish, publicly display, modify, create derivative works of or exploit any content of the services unless the user is explicitly allowed to do so. He may not store any content on his devices in any way not necessary for his or her use of FelixAndCharly’s services. Sharing information regarding content the user has perceived on Facebook via the means provided on FelixAndCharly (share functionality) is permitted.
6. We reserve the right to terminate any use of the services without notice for good cause if the user is violating these provisions unless the user proves that the violation was beyond his or her control or has otherwise occurred through no fault of his or her own.
Clause 9 - Term and Termination
1. Use of the free services on FelixAndCharly shall be possible for an indefinite period. Either party may terminate the owner-and-user relationship at any time without giving reasons.
2. The premium subscription can be terminated according to the provisions in Clause 7.
3. The term of the owner-and-user relationship shall commence when the confirmation specified under Clause 4 has been provided.
4. This shall not affect the right to terminate without notice for good cause especially in case of breach of any provisions of these terms by the user.
Clause 10 - Liability, Indemnification
1. We will be liable, as the platform operator, for any culpable breach of material contractual obligations in accordance with the statutory provisions, with the amount in the event of ordinary negligence being limited to compensation for foreseeable and contractually typical damages. In other respects, we will be liable only insofar as the damage incurred has been caused by gross negligence or with wilful intent. This shall not affect our liability for compensation for injury to life, limb or health.
2. Where our liability is limited or excluded in accordance with the foregoing provisions, this shall also apply to the liability of our employees, representatives and performing agents. Liability shall be accepted only insofar as the contractual relationship with our users is affected. Our liability shall be excluded for damage that arises out of users’ separate contractual relationships between themselves.
3. We shall, furthermore, give no warranties as to the accuracy, completeness or quality of the content made available by users on FelixAndCharly. We do not adopt this content as our own. The user who has posted third-party content on FelixAndCharly shall be solely responsible for that content.
4. We, as service providers, are not obliged to monitor information transmitted and stored by our users or to make arrangements, without cause, to prevent unlawful actions by our users. Particularly in the case of direct or indirect links to third-party websites (hyperlinks), which do not fall within our area of responsibility, we will be liable only in those cases in which we are aware of the content and it would be technically and reasonably possible for us to prevent the use, and responsibility is deemed to exist in accordance with the statutory regulations.
5. If we are held liable by third parties for damage that has arisen due to the user’s infringements of the law, the user shall indemnify us against any and all claims and litigation costs arising. In the event of our being held liable, we will be allowed to recognize the claim in relation to the third party unless the user produces facts in his or her defence and furnishes security for the costs arising within a reasonable time frame.
6. We give no warranties in respect of the uninterrupted availability of data, the platform in itself and the service and may specify a reasonable period for technical maintenance activities.
Clause 11 - Data Protection
Clause 12 - Applicable Law
The owner-and-user relationship shall be governed solely by the law of the Federal Republic of Germany, without giving effect to the United Nations Convention on Contracts for the International Sale of Goods.
The platform of the EU Commission regarding online dispute resolution is available under http//ec.europa.eu/consumers/odr. We are neither committed nor obliged to take part in any dispute resolution.
Clause 13 - Amendments to These Terms and Conditions of Use, Severability Clause
1. We reserve the right to amend these terms and conditions of use at any time, without giving reasons, in accordance with the following provisions.
The description of the services offered via the FelixAndCharly portal provided by us in Clause 2 shall be expressly excluded from any such amendment. We will inform the user of any changes to, or divergences from, the promised service and offer to continue the owner-and-user relationship on the conditions that will then change if the user’s interests are adversely affected by the changes or divergences. This shall not affect the user’s right of termination pursuant to Clauses 7 and 9.
The user shall be informed of any other amendments to these terms and conditions of use in written or electronic form (e-mail shall suffice) before they take effect. The changes to the terms and conditions of use shall be deemed to have been accepted if the user does not object to the applicability of the new terms and conditions of use within one month of receipt of the e-mail.
If the user objects to the applicability of the new terms and conditions within a period of one month, we will be entitled to terminate the owner-and-user relationship for convenience, giving 14 days’ notice.
2. Should individual provisions in these terms and conditions be legally invalid in whole or in part or subsequently lose their legal validity, this shall not affect the validity of the other provisions. The parties shall replace the invalid provision by a valid provision whose intent and purpose comes closest to the invalid provision. The same shall apply in the event of an unintentional lacuna.
As at March 2018