Terms & Conditions

I. General information

 

§ 1 Subject of the Terms of Use 

 

(1) Raumbild GmbH, Feringastraße 4, 85774 Unterföhring, Germany (hereinafter referred to as "SUBS") provides a platform via the mobile app "SUBS" and on www.subs.tv (hereinafter referred to as "the Portal" or "the Platform"), via which duly registered participants can upload their own photos and videos (hereinafter referred to as "Content") and publish them on the Portal. For this purpose, the participants can create individual personal profiles, upload the content to the portal and use the other currently available services within the scope of the respective availability. 

(2) These Terms of Use govern the provision of services by SUBS and the use of these services by you as a duly registered participant.

 

§ 2 Changes to the Terms of Use 

 

SUBS reserves the right to change these Terms of Use at any time with effect within the existing contractual relationship. SUBS will notify you of such changes at least 30 calendar days prior to the effective date of such changes. Unless you object within 30 days of receipt of such notice and continue to use the Services after the expiry of the objection period, the changes will be deemed effective upon expiry of such period. In the event of your objection, the contract will be continued under the previous conditions. SUBS will inform you of your right to object and of the consequences in the notification of change.

 

II. Registration for use, handling of access data 

 

§ 3 Authorization to register 

 

(1) The use of the services available on the portal requires your registration as a participant. There is no right to use the services. SUBS is entitled to reject applications for use without giving reasons.

(2) THE SERVICE IS NOT INTENDED FOR PERSONS UNDER THE AGE OF 13 OR FOR USERS WHO HAVE BEEN EXCLUDED BY SUBS OR BY LAW FROM USING THE SERVICE. IF YOU ARE UNDER 13 YEARS OF AGE, YOU MAY NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. By accessing or using the service, you confirm that you are either at least 18 years of age or authorised to use the service with the prior consent of a parent or legal guardian. In the case of a legal entity, the registration must be made by a natural person with unlimited legal capacity and power of representation.

 

§ 4 Your registration on the portal 

 

(1) Registration for the portal is free of charge. 

(2) The contact data and other details requested by SUBS during the registration process must be provided by you completely and correctly. When registering a legal entity, the natural person authorized to represent must also be specified.

 

§ 5 Responsibility for access data 

 

(1) Registration shall be effected by entering the telephone number and an access code sent by SMS. You can use this data to log in to the portal after you have activated your access and confirmed your access. 

(2) You must keep the respective access data secret and not make it accessible to unauthorised third parties.

(3) It is also your responsibility to ensure that your access to the portal and the use of the services available on the portal is exclusively by you or by persons authorized by you. If it is to be feared that unauthorized third parties have gained or will gain knowledge of your access data, SUBS must be informed immediately.

 

You are liable for any use and/or other activity carried out under your access data in accordance with the statutory provisions.

 

§ 6 Updating the participant data 

 

You are obliged to keep your data (including your contact details) up to date. If the data provided changes during the period of your use, you must immediately correct the data in your personal settings on the portal. If you are unable to do so, please inform us of your changed data immediately by e-mail.

 

§ 7 Termination of use 

 

(1) You can cancel your access at any time by deleting your account off the portal.

(2) The contractual relationship ends when the termination takes effect and you may no longer use your access. SUBS reserves the right to block the user name as well as the phone number when the termination takes effect.

(3) SUBS is entitled to irretrievably delete all data created within the scope of your use at the end of 30 calendar days or earlier after the termination becomes effective and after any statutory retention periods have expired.

III. Services and contents on the portal 

 

§ 8 Range of services and availability of services 

 

(1) SUBS provides you with various information and other services on the portal for temporary use. Such services are in particular the uploading and thus the publication of the contents via the portal, the possibility to create individual profiles and to get in contact with other participants by writing personal messages.

The content and scope of the services are determined by the respective contractual agreements, otherwise by the functionalities currently available on the portal.

(2) The services available on the Portal may also include services of third parties to which SUBS merely provide access. For the use of such services - each of which is marked as a third party service - additional or different regulations may apply to these Terms of Use, to which SUBS will refer you in each case.

(3) A claim to the use of the services available on the portal exists only within the framework of the technical and operational possibilities of SUBS. SUBS strives for an uninterrupted usability of its services. However, temporary restrictions or interruptions may occur due to technical malfunctions (e.g. interruption of the power supply, hardware and software errors, technical problems in the data lines).

 

§ 9 Changes to Services 

 

SUBS is entitled at any time to change services provided free of charge on the portal and to discontinue the provision of free of charge services. 

 

§ 10 Protection of Content, Responsibility for Third Party Content 

 

(1) The contents available on the portal are predominantly protected by copyright or other protective rights and are the property of SUBS, the other participants or other third parties who have made the respective contents available. The compilation of the contents as such may be protected as a database or database work iSd. §§ 4 Abs. 2, 87a Abs. 1 UrhG. You may only use this content in accordance with these Terms of Use and within the framework specified on the Portal.

(2) The content available on the Portal is partly from SUBS and partly from other participants or other third parties. Contents of the participants as well as other third parties are hereinafter collectively referred to as "third party contents". SUBS does not check third-party content for completeness, correctness and legality and therefore assumes no responsibility or warranty for the completeness, correctness, legality and timeliness of the third-party content. This also applies with regard to the quality of the third-party content and its suitability for a specific purpose, and also insofar as third-party content is concerned on linked external websites.

IV. Use of the services on SUBS by you 

 

§ 11 Scope of permitted use, monitoring of use activities 

 

(1) Your right of use is limited to access to the Portal and use of the services available on the Portal within the framework of the provisions of these Terms of Use.

(2) You are responsible for creating the technical prerequisites (e.g. access to the Internet) necessary for the contractual use of the services in your area of responsibility. SUBS does not owe you any support in this respect.

 

§ 12 Creation of User Profiles 

 

(1) Insofar as functionality is available on the portal, you can individually design your user profile according to your ideas within the framework of these Terms of Use. Please note the restrictions of § 15.

(2) As a rule, SUBS does not verify the identity of the profile owner and the information in the profiles. Therefore, SUBS does not guarantee that each profile owner is the person the profile owner claims to be.

 

§ 13 Posting of own contents by you 

 

(1) Insofar as functionality is available on the portal, you may upload content to the portal and make it available to third parties in accordance with the following regulations.

(2) By uploading content, you grant SUBS a free and transferable right of use to the respective content, in particular

- for the storage of the contents, as well as their publication, in particular their public accessibility (e.g. to display of the contents on the portal),

- for processing and duplication, as far as this is necessary for the provision or publication of the respective contents, and

- to grant - also in return for payment - rights of use to third parties in respect of your contents in accordance with § 14 in individual cases with your agreement.

If you remove the content you have uploaded from the portal, the right of use and exploitation granted to us above expires. However, we remain entitled to retain copies made for backup and/or verification purposes. The rights of use already granted by you to other participants in content posted by you shall also remain unaffected.

(3) You are fully responsible for the content you upload. SUBS does not check the contents for completeness, correctness, legality, up-to-dateness, quality and suitability for a specific purpose. You therefore represent and warrant to SUBS that you are the sole owner of all rights to the Content you post on the Portal or otherwise (e.g., by effective permission of the copyright owner) entitled to post the Content on the Portal and to grant the rights of use and exploitation as set forth in paragraph (2) above.

(4) SUBS reserves the right to refuse to post content and/or to edit, block or remove content already posted (including comments) without prior notice if the posting of the content by the participant or the posted content itself has led to a violation of § 15 or if there are concrete indications that a serious violation of § 15 will occur. Subs will, however, take your legitimate interests into consideration and choose the mildest means to defend against the violation of § 15.

 

§ 14 Right to use content available on the Portal 

 

(1) Unless further use is expressly permitted in these Terms of Use or on the Portal or made possible on the Portal by a corresponding function (e.g. download button),

- you may retrieve and display the content available on the portal online. This right of use is limited to the duration of your contractual use of the Portal;

- you may not edit, modify, translate, display or perform, publish, display, reproduce or distribute, in whole or in part, any Content available on the Portal. It is also prohibited to remove or change copyright notices, logos and other marks or protection notices.

(2) Your mandatory legal rights (including the duplication for private and other own use according to § 53 UrhG) remain unaffected.

 

§ 15 Prohibited activities 

 

(1) You are prohibited from any activities on or in connection with the Portal that violate applicable law, violate the rights of third parties or violate the principles of the protection of minors. In particular, the following actions are prohibited:

- the posting, distribution, offering and advertising of pornographic content, services and/or products that violate laws for the protection of minors, data protection laws and/or other laws and/or fraudulent content, services and/or products;

- the use of content that offends or defames other participants or third parties;

- The use, provision and distribution of content, services and/or products that are protected by law or encumbered with the rights of third parties (e.g. copyrights) without being expressly authorized to do so.

- Any electronic or other collection of Members' identity and/or contact information (including email addresses) (e.g., for sending unsolicited emails).

 

(2) Furthermore, you are prohibited from engaging in the following activities, regardless of any violation of the law, when posting your own content on the Portal or communicating with other participants (e.g. by sending personal messages):

- the distribution of viruses, Trojans and other harmful files;

- the sending of junk or spam mails and chain letters;

- the dissemination of offensive, sexually explicit, obscene or defamatory content or communication and content or communication that is or is likely to promote or support racism, fanaticism, hatred, physical violence or unlawful acts (whether explicit or implicit);

- harassing other participants, e.g. by contacting them personally several times without or against the reaction of the other participant and encouraging or supporting such harassment;

- encouraging other participants to disclose passwords or personal information for commercial, unlawful or unlawful purposes;

- the distribution and/or public reproduction of content available on the Portal, unless this is expressly permitted by the respective author or expressly made available as functionality on the Portal;
- any activity that violates the SUBS Community Guidelines.

(3) You are also prohibited from performing any actions that could impair the smooth operation of the Portal, in particular from excessively loading the systems of SUBS.

(4) Should you become aware of any illegal, abusive, contract-breaching or otherwise unauthorized use of the portal, you can inform us of this via reporting functions or please contact us at report@subs.tv. SUBS will then check the process and, if necessary, take appropriate steps.

(5) If you suspect any illegal or criminal activity, SUBS may review your activities and take appropriate legal action. This can also include the referral of a case to the public prosecutor's office.

 

§ 16 Blocking of accesses 

 

(1) SUBS may temporarily or permanently block your access to the Portal if there are concrete indications that you have violated or have violated these Terms of Use and/or applicable law, or if SUBS has any other legitimate interest in the blocking. SUBS will reasonably consider your legitimate interests when deciding whether to opt out.

(2) In the event of a temporary or permanent suspension, SUBS will block your access and notify you by email.

(3) In the event of a temporary blocking, SUBS reactivates the access authorization after the expiration of the blocking period and notifies you of this by e-mail. A permanently blocked access authorization cannot be restored. Persons who are permanently blocked are permanently excluded from using the portal and may not log on to the portal again.

 

§ 17 Data protection 

 

One of SUBS' quality standards is to handle the participants' personal data (hereinafter referred to as "personal data") responsibly. The personal data resulting from your registration on the portal as well as from the use of the available services are therefore only collected, stored and processed by SUBS to the extent necessary for the contractual provision of services and permitted by statutory provisions, or ordered by law. SUBS will treat your personal data confidentially and in accordance with the provisions of the applicable data protection law and will not pass it on to third parties. Further information can be found in the data protection declaration.

 

§ 18 Limitation of liability

 

If you suffer any damage as a result of the use of services provided free of charge on the Portal (including the retrieval of free content), SUBS shall only be liable insofar as your damage has arisen as a result of the contractual use of the free content and/or services, and only in the event of intent (including fraudulent intent) or gross negligence on the part of SUBS.

 

V. Other provisions 

 

§ 19 Severability clause 

 

Should any provision of these Terms of Use be or become invalid, this shall not affect the legal validity of the remaining provisions. In place of the invalid provision, a valid provision shall be deemed to have been agreed which comes closest in economic terms to the provision intended by the parties.

 

§ 20 Applicable law 

 

These Terms of Use shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sales of Goods (CISG).

 

§ 21 Place of jurisdiction 

 

For merchants, the exclusive place of jurisdiction for all disputes arising from these terms of use is Munich, Germany.