General Terms and Conditions

for "The MAGIX Community | magix.info " (as of August 2016)

Validity

MAGIX Software GmbH (hereafter referred to as "MAGIX"), shall provide the service "The MAGIX Community | magix.info " (hereafter referred to as "Service") on the basis of these General Terms and Conditions ("Terms of Use").

MAGIX has the right to modify or supplement these terms of use given a reasonably timed period of notice. The notice shall be provided by email and on the MAGIX Internet site. The change shall be considered accepted by the customer if he or she does not raise objections or cancel the contract within one month of receiving the notice. MAGIX is entitled to timely contract cancellation in case of the customer's objection to the changes. If the customer raises objections at the time the changes are announced, he or she will receive a proper cancellation from MAGIX, as outlined in the precedent conditions. In its announcement of the changes MAGIX will indicate the options of raising objections and canceling the contract, as well as the terms and legal repercussions of exercising these options, especially with regard to ceased objections. Differing, contradictory, or supplementary terms and conditions will not be an integral part of the contract, even if acknowledged, unless MAGIX confirms their validity with a clear reference and in writing.

Contractual Agreement

The customer contract for the use of the Service becomes valid through its acceptance by MAGIX via a separate email or execution of the service.

Registration, customer information, passwords

The customer certifies that, within the scope of the contract offer or during the term of the contract, all personal information he/she has provided as well as any other circumstances relevant to this contract are complete and valid. If there should be any changes to this data, the customer must inform MAGIX without delay; the customer must confirm the data given a corresponding inquiry from MAGIX. Upon violation, MAGIX has the right to immediately stop the contractual services and, given this special circumstance, to cancel the contract.

The customer is required to keep the password, provided by MAGIX for the purpose of access to the services, strictly confidential and must immediately inform MAGIX should the case be that a third party comes to know it. Should costs result from a third party using the services, the customer is responsible to pay for any directly or indirectly incurred costs or damages. The customer releases MAGIX from any resulting third party claims.

Content, Use

MAGIX stores the photos, videos, music and information ("Contents") for the customer or solely grants access to them. The customer alone shall be responsible for the contents her or she publishes to the MAGIX server. The customer guarantees that these do not violate any legal prohibitions, conventional customs or third party rights (name, trademark, personal, copyright, data protection rights etc.). In particular the customer obligates himself or herself not to display any racially prejudiced content, content that promotes criminal activity or provides instructions for this purpose or to make accessible, transmit or distribute content that is pornographic, commercially erotic, dangerous to minors or a glorification of war and violence.

With its Service MAGIX does not intend to provide a platform for political activities of any kind. Therefore it is not permitted to present content of a political nature, such as party meetings, demonstrations, flyer campaigns or petition actions as well as the illustration of political symbols.

The customer may not send any data or save it on a MAGIX data carrier if the type of data or its composition (e.g. viruses), size or duplication (e.g. spamming) would be a danger to the existence or operation of the computer center or the MAGIX data network.

The customer is also obligated not to procure, install, use, execute, or make available software, files, information, or other content relating to MAGIX services for which he/she does not have the necessary rights, which infringe upon the rights of third parties, especially national and international copyrights or commercially-protected rights, like trademarks, registered designs, or patents, or which infringe upon the personal rights of third parties, or to get access to information not meant for end users.

The customer is obligated to refrain from endangering the operation and the system security of the MAGIX network or connected networks or the circumvention of security regulations ("hacking", "cracking") and not to interfere with services ("Denial-of-service attacks").

The customer is obligated to refrain from accessing the MAGIX network or connected networks, from making changes to the physical or logical structure of the software or the operating systems, and from using the setup, software, or other measures which could lead to such changes. The customer is to refrain from testing for security vulnerabilities ("Port scan") in the MAGIX security regulations (on all systems, networks, hosts, accounts, or other systems parts), in MAGIX customer accounts, or other Internet user accounts.

If MAGIX is aware of any violation of the customer against the prohibitions set out here, MAGIX is entitled to refuse content, to delete the pages and links to it, and/or to immediately terminate the contract. A claim for damages on behalf of the customer is, in this respect, excluded. In this case MAGIX undertakes no obligation to verify the refused or deleted content.

In the case of the customer being in breach of the above-mentioned obligations, he or she is also liable to MAGIX for compensation of any resulting direct or indirect damages. The customer exempts MAGIX from responsibility for any third party claims resulting from a breach of contract.

Rights of use and recognition duty

If the customer loads his/her content into the MAGIX Community, he/she automatically declares him/herself to be agreed that the content be accessible and usable by everyone. However, the non-private usage of contents by third parties is explicitly prohibited. Furthermore, the customer provides MAGIX the right to use this content in the context of a MAGIX Community on a MAGIX Internet presence.

Services

MAGIX grants the customer a basic, non-transferable right to use the MAGIX Website Service for non-commercial purposes for the period of the contract.

If the customer uses graphics or content from MAGIX for the design of the Service or templates from MAGIX, he/she does not own and will not be bestowed any rights to the graphical design of the user interface. This includes all MAGIX symbols and logos.

Warranty

MAGIX guarantees an annual mean server availability of 98%. This does not include times in which the server is not available over the Internet due to technical or other problems not under the sphere of influence of MAGIX (force majeure, third party defaults, etc.). MAGIX can restrict access to the services if this is required in order to maintain network security, network integrity, prevent server network problems, or safeguard software or stored data.

It is furthermore guaranteed that the Service corresponds to the essential functional descriptions. This does not include a guarantee for the display of the Content. The customer must notify MAGIX, in writing, of any possible defects that might occur and provide the respective error protocols. Errors resulting from outside influences, operating errors or changes, additions, assemblage/disassemblage, repair attempts or other manipulations are excluded from the guarantee.

Third Party Rights

MAGIX will not  hold the customer accountable for any legitimate third party claims which  are based on a possible breach of  industrial property right or copyrights by MAGIX in the Federal Republic of Germany, providing the customer has immediately notified MAGIX of such claims in writing and providing the right to all technical and judicial defense measures and settlement negotiations are reserved by MAGIX.  The aforementioned duties of MAGIX are not applicable if the third party claims are based on breaches occurring through actions of the customer, particularly through the uploading of Contents to the corresponding Service by the customer.

Liability

MAGIX stores the data for the customer or solely grants access to them. MAGIX accepts no liability for the contents.

MAGIX is only liable to slight negligible damages incurred by it or its assistant(s) if a duty is violated, even if it is extra-contractual, the adherence to which is of special importance in order to be in compliance with contractual use (cardinal duty), as well in cases of damage to the life, body and health. On violation of a cardinal duty, liability for such damages, the possibility of which has to be considered within the framework of the present agreement, is limited if premeditation or gross negligence exist or if it is forced as a result of damages to life, body or health. Statutory liability in case of personal damages and damages pursuant to the Product Liability Act remains unaffected.

MAGIX is not liable for damages controllable by the Customer or damages that could have been prevented by the Customer had reasonable measures been taken to do so. MAGIX is liable for data loss only to the extent of costs incurred during restoration if backups are available. The customer's attention is specifically directed to the fact that he or she is individually responsible for making backups in reasonable numbers and at reasonable time intervals. MAGIX provides no replacement for lost files.

MAGIX will try to protect its customers with the care customary for its line of business. MAGIX can, however, in no way be concerned with damages incurred through data espionage, hacker attacks, defective hardware or software or acts of God.

A change in the burden of proof to the disadvantage of the customer is related to the foregoing provision.

MAGIX is not liable for damages that occur as a result of third parties infringing upon customer copyrights for uploaded content.

MAGIX explicitly distances itself from the content of all pages containing direct or indirect references (so-called "links") to MAGIX products. MAGIX is not liable for these pages and their content. The respective providers themselves are responsible for the content of these pages.

Data protection

Personal data is collected, processed, and utilized by MAGIX without further explicit customer agreement during the contractual period only for the purpose of contract fulfillment, including invoicing. Data collection, utilization, and processing are performed electronically. More detailed information can be found in our Privacy Statement.

Contractual Period and Cancellation

The contract runs for a specific period and may be canceled by both parties at any time in the normal manner. The right of termination without notice remains unaffected. MAGIX has the right of cancellation without notice especially if:

• the customer has provided false information during registration,
• the customer changes his place of residence but does not automatically inform MAGIX of his new address within 14 days,
• the customer violates the specifications laid down in our terms of use in relation to contents used by the customer,

In case of cancellation for an important reason, MAGIX maintains the right to freeze the Service and any possible customer contents.

Final Provisions

The laws of the Federal Republic of Germany govern the legal relationship of the Customer and MAGIX. As long as the contractual partner is a merchant, a corporate body under public law or under fund assets governed by public law, or holds his or her residence outside the Federal Republic of Germany, Berlin will be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contract relationship. MAGIX also has the right to bring proceedings against the customer at its general court of jurisdiction.