General Terms & Conditions of Use
The video creator application mysimpleshow (hereinafter the “Service”) is available at www.mysimpleshow.com, hereto referred to as “the Site”. The Site is operated by simpleshow gmbh, a company under the laws of the Federal Republic of Germany, with registered address in 70178 Stuttgart, Germany, registered with the local court Stuttgart under registration number 726609, hereinafter referred to as “simpleshow”, the “Company”, “we”, or “us”.
These general terms and conditions of use govern your use of the Site and the Service. By using the Site, whether as a website visitor or as a registered subscriber to the Service, you accept these Terms and Conditions in full and without reservation.
Conditions of Use
The Company grants you a limited, revocable, non-exclusive, non-assignable, non-sublicensable right to access and use the Service as it is intended to be used and in accordance with these Terms and Conditions and applicable law. We grant you no other rights, implied or otherwise.
Use of the video creator application (Service) requires the sign up as a registered subscriber.
You may only subscribe to the Service if you are of sufficient age under the law of the jurisdiction in which you reside to enter into a binding legal agreement.
We may modify, update, or discontinue the Service (including any of their portions or features) at any time without liability to you or anyone else. However, we will make reasonable effort to notify you before we make the change. We will also allow you a reasonable time to download your content.
Using the Service does not give you any authority to act as an agent, legal representative or employee of the Company, or of any third party with whom the Company has a relationship, and you agree not to represent that you are otherwise.
You must not misuse the Service, software, or content that we provide to you as part of the Service. For example, you must not:
- copy, modify, host, stream, sublicense, or resell the Service, software, or content;
- use the content or software included in the Service to construct any kind of database;
- access or attempt to access the Service by any means other than the interface we provided or authorized;
- share content or engage in behavior that violates anyone’s Intellectual Property Right;
- upload, create, or share any content that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, lewd, profane, offensive, discriminatory, invasive of another’s privacy, or hateful;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- incorporate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation;
- attempt to disable, impair, or destroy the Service, software, or hardware;
- disrupt, interfere with, or inhibit any other user from using the Service,
- use any data mining or similar data gathering and extraction methods in connection with the Service; or
- violate applicable law.
Your User Content and Your Videos
“User Content” means material (including without limitation text, images, and audio material) that you submit to the Site, for whatever purpose, including but not limited to the creation of videos.
By submitting User Content to the Site you grant to the Company a worldwide, irrevocable, non-exclusive, royalty-free, transferable license, to use, reproduce, adapt, display, publish, translate, distribute and create derivative works of such User Content, including but not limited to any proprietary, patented, copyrighted, or otherwise confidential User Content, in any existing or future media. You also grant to the Company the right to sub-license these rights, and the right to bring an action for infringement of these rights.
You may not submit any User Content to the website that is, or has ever been, the subject of any threatened or actual legal proceedings or other similar complaint. The Company reserves the right to edit or remove any User Content submitted to the Site, or stored on the servers of the Company, or hosted or published upon the Site. However, the Company does not undertake to monitor the submission of User Content submitted to or published on the Site.
You acknowledge that you alone are responsible for the content of the projects and videos or portions thereof that you import to, create, or store through use of the Site and the Service. Your responsibility for the content and appearance of each video includes, but is not limited to, its legality, reliability, appropriateness, and originality.
Third Party Rights
You may not upload or post to the Site or otherwise use in any way in connection with your use of the Service or the Software any text, video or audio recording, images or other material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right. The burden of determining that any material is not protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from your violation of this prohibition.
We do not review all content created or uploaded to the Service, but we may use available technologies or processes to screen for certain types of illegal content or other abusive content or behavior.
We therefore reserve the right to monitor your content and your videos and to remove or disable your content and your videos that we in good faith determine to be illegal, harmful, offensive, creating liability for simpleshow or its service providers, or otherwise in violation of these terms and conditions of use.
Limitations of Liability
Your use of the Site or Service is at your risk. The Company does not warrant or represent that any content associated with or used in connection with the Site or Service is factual or error-free, or that the use of such material will not infringe rights of third parties.
The Company does not warrant that the functional aspects of the Site will be error free, or that the Site or the servers that make it available are free of viruses or other harmful components. The Company reserves the right to correct any errors on its website. If your use of the Site results in the need for servicing or replacing property, material, equipment or data, or results in injury to persons or damage to property, the Company is not responsible for those costs.
Without limiting the foregoing, you acknowledge and agree that everything associated with the Site and the Services, are provided “as is” and “as available” without warranty of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
In no event shall the Company, its subsidiaries, or affiliated entities or their respective officers, directors, employees, agents, or other representatives be liable for any indirect, special, incidental, or consequential damages including but not limited to loss of data, use, or profits (whether involving allegations of breach of contract, warranty, negligence or otherwise) and irrespective of whether it has been advised of the possibility of such damages, resulting from your access to, use of, or inability to use, the Site and content.
Without prejudice to the generality of the foregoing, the Company does not warrant that:
The Site or the Services will be constantly available, or available at all;
That transmission of data to or from the Site will occur at any minimum speed;
The information on the Site is complete, true, accurate, or non-misleading.
These limitations of liability apply even if the Company has been expressly advised of the potential loss.
All content included on the Site, and made available in connection with the Service such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of the Company or its third party content suppliers, and is protected by international copyright laws.
All software used on the Site is the property of the Company or its software suppliers and is protected by international copyright laws.
All of the trademarks, service marks, brand and trade names and logos appearing on the Site are the proprietary intellectual property of the owners of such marks or names and you may not use, modify, remove or otherwise infringe any of such proprietary intellectual property.
The Company retains full ownership rights with respect to the Service including but not limited to design, functionality, and documentation. You may not copy, edit, reverse engineer, re-license, sell or reproduce any part of the Service.
You have no obligation to provide us with ideas, suggestions, or proposals (“feedback”). However, if you submit Feedback to us, then you grant us a non-exclusive, worldwide, royalty-free license that is sub-licensable and transferrable, to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify, and publicly perform the feedback.
You are responsible for all activity that occurs via your account. Please notify customer support immediately by sending an e-mail to firstname.lastname@example.org if you become aware of any unauthorized use of your account. You may not (a) share your account information or (b) use another person’s account.
By signing up to mysimpleshow you agree to receive promotional and other e-mails from us. Through our e-mail services you will be the first to know about any special offers, new features, and on occasion you will receive relevant third party messages from us. You may unsubscribe from our mailing list at any time, via the unsubscribe option in your account.
By the Company:
The Company may at any time and without notice terminate your User Account in its sole discretion, including, without limitation, for breach by you of any of your representations, warranties, or obligations under these Terms and Conditions.
The Company may also suspend or terminate your access to the Service if you have not accessed it for ninety (90) or more consecutive days. The Company will provide notice of any such suspension or termination.
You may, at any time, terminate this Agreement by sending an e-mail to email@example.com with the subject line “terminate my account”.
Effect of Termination
In the event of any termination of your access to the Site and the Service, your User account shall be canceled and closed, and your User ID and password shall be deactivated.
In lieu of termination, the Company may suspend your User Account at any time and for any length of time. While your User Account is suspended, you may not use the Service.
We may access or disclose information about you, or your use of the Service, (1) when it is required by law; (2) to respond to your requests for customer service support; or (3) when we, in our discretion, think it is necessary to protect the rights, property, or personal safety of us, our users, or the public.
You will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damages (including without limitation legal expenses, and any amounts paid by the Company to a third party in settlement of a claim or dispute on the advice of the Company’s legal advisers), incurred or suffered by the Company arising out of or related to your user content, your use of the Service, or your violation of these terms and conditions.
The Company may transfer, sub-contract, or otherwise deal with the Company’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract, or otherwise deal with your rights and/or obligations under these terms and conditions.
Modification of these Terms and Conditions of Use
We may modify these terms or any additional terms that apply to the Service to, for example, reflect changes to the law or changes to our Service or software. You should look at the terms regularly. We will post notice of modifications to these terms on this page. By continuing to use or access the Service after the revisions come into effect, you agree to be bound by the revised terms.
Applicable Law and Jurisdiction
These Terms and Conditions are governed by the laws of the Federal Republic of Germany. Place of jurisdiction is Berlin, Germany.
Our failure to enforce or exercise any of these terms is not a waiver of that section.
If a particular term is not enforceable, the unenforceability of that term will not affect any other terms.