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Terms and Conditions


Between Stellar Attracions GmbH & Co KG (Amtsgericht Köln – HRA 24627), represented by Stellar Attractions Investment GmbH (Amtsgericht Köln – HRB 59466), the latter one represented by the director Dr. Marc Ludwig, Gottfried-Hagen Str. 30, 51105 Cologne, Germany, below called “FotoTV”


and


Visitors, below called “users”.


both contract partners are referred to as “parties”.


§1 Subject of the Contract


  1. The service “FotoTV” is being provided by Stellar Attractions GmbH & Co KG (Amtsgericht Köln – HRA 24627, represented by Stellar Attractions Investment GmbH (Amtsgericht Köln – HRB 59466), the latter one represented by the director Dr. Marc Ludwig, Gottfried-Hagen Str. 30, 51105 Cologne, Germany, Telephone: +49 221 28512590, Email: info@fototv.com.

  2. The present terms of use are valid for all services that are offered on the website “www.fototv.com”.

  3. At any moment of using the website “fototv.com” the current terms of use, as viewable by the user shall apply.

  4. By using and/or visiting this website the user explicitly accepts these terms of Service, as stated herein.


§2 Services by FotoTV

  1. FotoTV offers a wide access to information around the topic photography. An information- and film archive, discussion boards, RSS Feeds and a weblog are available.

  2. The content is constantly being complemented and developed. The users can watch over the quality of the content through the provided evaluation and comment functions.

  3. The access to the services is restricted by technical measures and mechanisms (“conditional access system”) (§3). Therefore an account, consisting of a user name and a password is created.

  4. Unregistered users become “guests” and have restricted access to the provided content. Only registered users can use the discussion boards and access the free films.

  5. Unrestricted access to the film archive is only available to subscribed users for the time of their charged subscription.


§3 Registration, Passwords, Use

  1. For using FotoTV you consent to give current and complete account during the registration process. These registration information will be updated by you to represent the respective current state. If your information was false, unclear or incomplete, FotoTV has the right to interrupt your membership temporarily or permanently, delete your account or exclude you from any current or future use.

  2. We document the use of FotoTV by saving the IP addresses and user names to improve our service and to protect it from abusive utilisation. In case of suspicion of criminal activities we reserve the right to provide the responsible law enforcement authorities with this information, according to applicable law.

  3. Abusive utilisation is, among other things, understood as the circulation of user names and/or passwords to others. The FotoTV subscription is a personal subscription. If other people than yourself use your account, FotoTV is entitled to terminate your subscription without notice (§8.5). In this case we reserve the right to demand indemnification. If you have reasons to think that your account is being used in an abusive way, for example because someone got hold of your password, you commit yourself to inform FotoTV immediately about this.

  4. FotoTV reserves the right to limit the amount of views per film and to take films temporarily or permanently offline.


§4 Third Party Content

  1. As a FotoTV User you can publish content in your profile, in comments, in ratings and in the forum. You are responsible that these contents

    1. don't represent Advertisement or Spam (except your own personal homepage).

    2. are neither offensive nor abusive, pornographic, vulgar, inappropriate to minors, racist or in any other way contrary to law,

    3. don't interfere with the FotoTV service or its usability (Viruses, Script Injections, Trojans, Hacking etc.)

    4. don't harm Third Parties' rights like patents, trademarks, copyright, business secrets or other property rights and that you dispose of the rights to publish them.

    5. don't link to content that falls under the above mentioned categories.

  2. Violations of §4 Art. 1 i-v lead to the exclusion from FotoTV. We reserve the right to take additional legal actions against such violations.

  3. By publishing content you grant us the right to digitally use it, particularly by reproduction, publication and by making it accessible, as well as editing or deleting it, especially but not exclusively when it is of legally questionable character.

  4. In case of violations of licence, competition, image, copyright or other rights of Third Parties you release us from all claims that may be asserted against us (see § 5.6) and you commit yourself to support us completely in the defence against these claims, particularly by providing information and proofs of sources and rights.

  5. There will be no remuneration for your publications unless previously agreed in written form.

  6. If you should ever cancel your FotoTV account completely, your comments, postings and articles will be made anonymous, but not deleted. Such deletion will only be made after naming the respective comments and only on express wish.


§5 Accessibility, Liability and Exemption

  1. FotoTV does explicitly not guaranty permanent availability of its services.

  2. Maintenance, Server Breakdowns, Network Failures and Hacker Attacks to but name a few can lead to malfunction of the service.

  3. Predictable interruptions will be announced and as far as possible, will be scheduled for periods of low demand. FotoTV is not liable for damages that occur to you or others due to a failure or termination of the service.

  4. FotoTV and its vicarious agents can only be held responsible for a breach of duty if premeditate or wantonly negligent, as long as no cardinal duty is concerned and no legal provision says otherwise.

  5. For damages that result from negligent violations of nonessential contractual duties all liability for oblique damages and untypical consequential damages is excluded and its amount shall be limited to the usual height of damages as to the contract.

  6. You declare that you absolve FotoTV and everybody working for FotoTV from all demands and claims that may be brought forward from third parties in relation with content you publish on FotoTV (see §4). The same applies for demands by third parties that result from violations of these terms of use. This applies as well for any costs related to legal disputes.

  7. The FotoTV service links to external websites. We don't have any means of controlling their content and explicitly declare that it is not our content. Insofar we are neither responsible nor liable, nor do we accept liability or do we guarantee for their accessibility. We explicitly point out that these are alien statements and that we do not recommend their use by linking to them.

  8. You use FotoTV on your own risk. We don't accept any liability for damages that result from the use of FotoTV and that are not caused by FotoTV in a premeditate or wantonly negligent way. This contains among other things damages due to viruses, trojans, dialers, system crashes and so on.


§6 Copyright and Trademarks

  1. All content provided by FotoTV is protected by copyright and other protective rights. All use of its content, even in excerpts underlies the herein mentioned regulations and requires the previous written consent of FotoTV.

  2. The films that are published on FotoTV are only to be watched through the FotoTV website. Saving them locally or handing them on to others is strictly forbidden, not subject of the granted terms of use and explicitly not part of the subscription.

  3. A technical evasion of the mechanisms by which FotoTV prevents these local copies states a severe violation of the terms of use and allows FotoTV to cancel an account without notice and to claim for redemption. We point out that the evasion of such a technical measure is a criminal act according to § 108b of the German Copyright Law and will be delated immediately.

  4. All Trademarks that are mentioned within the service of FotoTV and that are possibly protected by third parties underlie the regulations of the respective Copyright or Property rights of the registered owner without reservations. Their mere mentioning on this internet service does not allow the conclusion that these trademarks may not be protected by third parties rights or that they may be used freely.


§7 Data Protection

  1. Every time this internet service is accessed the following data will be recorded and saved because of access- and usage control:

    1. Account of the accessing user

    2. Name or ID of the demanded file or content

    3. Date and time of the demand

    4. transferred amount of data

    5. Error status

    6. IP address of the demanding computer

  2. As soon as the necessary processing time is over, the access data will be made anonymous. The saved rest of data will exclusively be saved for statistical purposes. No data will be passed on to third parties neither completely nor in excerpt. No comparison with other data bases will be performed.

  3. If there is an option within the FotoTV service to enter personal or business data (Email, Name, Address) this data is provided by the user for the execution of the subscription or on a explicitly voluntary basis. All data will be treated confidentially and won't be passed on to third parties.

  4. Our privacy policy can be found here.


§8 Payment, reversals, contract period, revocation and cancellation

  1. The payment of our subscriptions will be processed by our payment service provider Heidelpay.

  2. Reversals using debit entries due to objections against the payment or due to unfunded accounts lead to service charges of 20 €, that you have to defray. Therefore it is your responsibility to take care that your account is balanced and that you contact us directly in case of objections against the payment. In case of qualified objections, that we are informed about, we can change the payment free of charge. Therefore please get in touch with us before you give your bank a refunding order to save unnecessary costs.

  3. Subscription fees will be charged for the whole runtime in the moment of subscription and the subscription can be cancelled in consideration of the cancellation period. Prices runtimes and cancellation periods are represented in this spreadsheet. A refund of paid subscriptions in case of preliminary cancellation, without regard of the reasons, is explicitly excluded.

  4. If the subscription is not terminated it tacitly extends for the originally ordered runtime. At the time of prolongation the current terms of use shall apply.

  5. FotoTV reserves the right to terminate the subscription because of the following important reasons:

    1. Provision of false personal data (user data) to obtain a user account.

    2. Passing on of access data to third parties (see §3.3);

    3. Violation of the virtual domestic authority and/or publication of illegal content on FotoTV. This contains particularly abusive, criminally relevant or for example racist comments (see § 4.1).

    4. Evasion of technical copy protection devices (see § 6.1) and of other technical protection devices (including Hacking, Sabotages etc.)

  6. Revocation: if you are a consumer you have the right to revoke your contract with FotoTV. The time limit for such a revocation is one month. It starts with the receipt of the written instruction for the right of withdrawal. To meet the time limit sending the declaration of revocation is sufficient. It doesn't need to state any reasons and has to be declared in text form towards FotoTV. The revocation has to be sent to: Stellar Attractions GmbH & Co.KG, Gottfried-Hagen Str. 30, 51105 Köln, or via E-Mail to info@fototv.com. Your right for revocation expires if FotoTV has started the service with your express consent before the revocation time limit has ended or if you started the service yourself (e.g. by logging in as a subscriber, by watching payable films etc.) In case of a successful revocation mutually granted benefits and profits if applicable (e.g. interests) have to be refunded. If you can't refund the received services completely or partially or in declined condition, you may have to pay compensation. Payments have to be made within 30 days after sending the declaration of revocation.

  7. Cancelation: should you want to cancel your subscription it is very simple. Click on "My Profile", click "Edit" and at the bottom of the page you can carry out the cancelation.

    Unfortunately, we cannot accept cancelations by email, as cancelations must go through our billing system. Also, they can get lost on their way through the internet. If you use the abovementioned cancelation procedure you will get an automated cancellation confirmation that you should keep in your files.


§9 Final Provisions


  1. The terms of use may be altered or amended from time to time. You will be informed on FotoTV and by Email.

  2. Changes are regarded as accepted if you don't disagree in written form within 4 weeks. FotoTV will advise you of this fact explicitly in the respective email. The objection has to arrive in our office within one month after the receipt of the email. If you make use of your right of objection the changes will be considered rejected and the subscription will end immediately.

  3. The present terms of use are subject to the laws of the Federal Republic of Germany excluding the UN Convention on the International Sale of Goods (CISG).

  4. Court of jurisdiction, in case of disagreements resulting from this contract is Cologne, Germany; this does not apply to consumers.

  5. Should any individual provisions in the above options terms be or become invalid, either in part or in full, or impracticable, this will not affect the validity of the other provisions.

As of April 19th 2007