General terms of trade

(1) The Provider operates a website under www.showonly.de, through which users can send content via the Internet. The content can be restricted by the user in terms of certain parameters, such as the time period in which it is displayed or the option to print it.

(2) The registration as well as the use of some services on the webpages are possible free of charge. In addition, the Provider offers additional functions subject to charges.

(3) General terms of trade deviating from these Terms do not apply unless the Provider expressly agrees.

(1) The Provider furnishes the technical platform for the operation of the portal under www.showonly.de.

(2) The Provider has no influence over the content transferred by the users or the restrictions imposed on that content.

(3) Members are only permitted to use the platform, in so far as they do not violate statutory regulations or these Terms.

(1) Opening a membership account is the prerequisite for the use of the Provider's services. The registration for the use of the platform is free of charge.

(2) With the conclusion of the registration, the member’s agreement to the validity of these general terms of trade as well as the activation of the membership account by the Provider, a contract of use comes into effect between the member and the Provider.

(3) No legal entitlement to opening a membership account exists. The Provider reserves the right to refuse to conclude a contract in individual cases. The Provider will inform the user of this without delay.

(4) Both companies (corporate bodies) and private users can register as users. The registration by corporate bodies must be effected by an authorised representative. It is expressly prohibited to register a user account for a third party without their express permission as well as for a single user to utilise multiple accounts.

(5) The data required to be provided for registration must be complete and correct. Modifications to the provided data care to be notified and corrected by the user without delay.

(1) The member selects a user name when opening an account. That may not consist of a designation protected for third-parties. The member is responsible for ensuring before registration, that the selected user name does not violate the rights of third parties, in particular trademarks, copyrights or brand names.

(2) In the course of the registration, members have to provide the necessary data in full and correctly. The membership data can be modified in the member’s profile. The Provider cannot verify the accuracy of the information and is not liable for wrong or incomplete information until informed. The Provider will pursue information about false or incomplete member data without delay.

(3) The members must treat access data as confidential and protect it from unauthorised third parties. Passing on access data to third parties without the Provider’s permission is prohibited. In so far as a member has knowledge of misuse of the access data or the unauthorised use thereof by third parties, the Provider must be informed immediately. The membership account is not transferrable.

(1) The registration for the utilisation of the Provider’s platform is free of charge.

(2) In addition to the free of charge functions, there is an option to book fee-based services on the Provider’s website. For this the Provider’s Overview of services and costs currently valid at the time the contract is concluded applies. All prices include the correspondingly applicable statutory German sales tax.

(3) The additional fee-based services will be invoiced before the services are effected. Commercial enterprises can access the invoices for this in the login area of the Provider's website.

(4) The settlement of the invoice amount is effected either by PayPal or credit card directly before sending any content; alternatively, the customer can fill an account with Credits and use those for sending content.

(1) The free of charge contract between the Provider and the member for the utilisation of the website is concluded for an indefinite period. The contract can be cancelled, with a notice period of fourteen days before the end of the month, by the member at any time, through notification of the Provider. The termination can be effected by email or in writing by fax or post.

(2) The Provider can cancel the user contract at any time with a notice period of fourteen days before the end of the month. The right to disable membership accounts remains unaffected by this. Already paid and unused Credits are not reimbursed.

(3) The right to extraordinary termination remains unaffected for both sides. For the Provider, good cause exists if a member culpably violates the principles of the platform outlined in No 7. In the case of fee-based services a right to extraordinary termination exists if after due issue of the invoice a member is more than one month in default of payment for the agreed fee-based services.

(1) The members are exclusively responsible for not uploading or transferring any content that violates statutory prohibitions, third-party rights or good moral principles.

(2) Prohibited content is content which violates criminal law, trademarks, copyright or competition law, in particular:

• contributions with pornographic content or content harmful to minors,
• contributions with seditious content or content from anti-constitutional organisations,
• content, the exploitation and public reproduction of which violates copyrights, ancillary copyrights or commercial proprietary rights (trademarks, design and utility patents).
• Photos or videos that violate third-party rights to their own image as well name and personal rights,
• irreverent abusive criticism or insults,
• advertising for illegal content such as software cracks, serial numbers, download sources or instructions for the use of illegal software,
• executable programs containing viruses or Trojans.

(1) Except in the case of the violation of significant contractual obligations, the Provider is only liable towards commercial enterprises for damage, if the Provider, his legal representatives or senior employees are guilty of intent or gross negligence. The Provider is only liable for other vicarious agents in the case of intent and in so far as significant contractual obligations are violated intentionally or with gross negligence. Except in the case of intent or gross negligence, the liability of the Provider, his statutory representatives and senior employees is restricted to damage typically foreseeable at the conclusion of the contract.

(2) The above limitations of liability do not apply for the case that guarantees are expressly accepted by the Provider for damage due to harm to life, limb or health.

(1) The Provider merely makes the platform available for the purpose of transferring content. The Provider is not liable for the accuracy, standard, completeness, reliability, type and quality or credibility of the content uploaded and transferred by the members. These do not represent the Provider's opinion, in particular the Provider does not adopt the members' content as his own.

(2) In accordance with the decisive statutory regulations in the German Telemedia Act (TMG), service providers are not obliged to monitor the third-party information transferred or stored by them, nor to conduct examinations without concrete indications that point to illegal activities. Liability for third-party content can only not be ruled out if the Provider is in possession of knowledge of the illegal actions or information.

(3) After notification of the corresponding rights violation through third-parties, the Provider will deactivate or delete the unlawful content as well as taking suitable measures to prevent the rights violation in future.

(1) The members support the Provider in the defence against claims, third parties assert against the Provider on the basis of content uploaded by the members, in particular by making available the information necessary for the defence.

(2) The member is obliged to reimburse the expenses required for legal action - in particular the necessary lawyers’ and court costs – which arise for the Provider through third-party legal claims due to content transferred by members. This does not apply if the member is not responsible for the rights violation.

(1) The members grant the Provider a simple, non-transferrable and revokable right of use, not restricted in terms of time, in order to save and transfer the content through the Provider’s website.

(2) The Provider reserves the right to process the members’ content, for example in order to guarantee a uniform format for saving and transferring, in so far as that is necessary for technical reasons.

(1) In the case of concrete indications of violations by a member against statutory regulations and the prohibitions defined here in these general terms of trade, in particular in No 7, Provider can deactivate the corresponding content. In the case of repeated violations, the Provider can exclude a member from the participation in the platform. When selecting the measure, the Provider takes into consideration the vested interests of the affected member, in particular the fact whether the member was guilty of the violation.

(2) If a member is conclusively blocked, there can be no right to reinstatement of the deactivated member account. If a member is blocked, that member may also not continue to use the Provider’s service with other user accounts. It is also prohibited for a blocked member to reregister under a new name.

(3) If a user account is deactivated, the member has an immediate termination right for the contract of use with the Provider.

(1) The Provider reserves the right to continuously process, update, extent, limit or terminate individual functions of the platform.

(2) With a notice period of four weeks, the Provider is entitled to transfer his rights and obligations arising from this contractual relationship entirely or in part to third parties. In this case the member is entitled to terminate the contract of use after notification of the contract transfer.

(1) The agreement provides that the law in the Federal Republic of Germany applies, under exclusion of the UN Convention on Contracts for the International Sale of Goods. This does not apply if this choice of law leads to a consumer being necessarily deprived of consumer protection standards.

(2) For all disputes arising from the contract of use and these general terms of trade, the Provider’s headquarters in Untersiemau is the exclusive venue, in so far as the member is a corporate enterprise in the sense of the German Civil Code, a corporate body under public law or a special fund under public law.

(1) The Provider reserves the right to alter the general terms of trade at any time without providing reasons. The altered terms will be sent to members by email, with the altered passages highlighted, at least four weeks before they become valid. The members are separately informed of the importance of the deadline as well as thhe legal consequences of the alteration and of an objection.

(2) Should no member contradict the validity of the new general terms of trade within four weeks after notification, the altered general terms of trade are regarded as accepted. The members are informed separately, in the email that contains the altered Terms, of the importance of the four-week deadline.

(3) Should any provision in these general terms of trade be or become invalid, the remaining provisions remain unaffected.