User Terms & Conditions | Comedy Media Management Terms & Conditions
"Fabulr" refers to the contracted service and/or Fabulr UG i.G.
"Studio" refers to private users or business customers who use Fabulr's Comedy-Media-Management.
Preamble
The offer to use the Fabulr Comedy-Media-Management-System is directed at private users or business customers.
The studio concludes this contract with Fabulr UG i.G., Haimhauserstraße 8, 80802 Munich.
These terms and conditions can be accessed, printed out, downloaded or saved via the link "AGB" accessible from any of the Fabulr websites.
1.1 Fabulr offers the studio the opportunity to document, edit, publish their created comedy-media-projects in the Fabulr Comedy-Media-Management-System and, if necessary, have them confirmed by their clients. The documentation of services rendered and metadata takes place in so-called Fabulr Comedy-Media-Projects.
1.2 Published comedy-media-projects can be used to present the studio and its products and services. Media files related to the project can be published or kept up-to-date via interfaces. Media projects may not be used for multilevel marketing purposes.
1.3 Data and/or information provided by the studio will only be made available by Fabulr to other users if this data and/or information does not violate legal regulations or these terms and conditions. Fabulr is entitled to remove illegal content from the Fabulr websites.
1.4 The studio acknowledges that a 100% availability of the Fabulr websites and the comedy-media-projects is not technically feasible. Maintenance, security or capacity concerns, as well as events that are beyond Fabulr's control (such as disruptions of public communication networks, power failures, etc.), can lead to disruptions or temporary suspension of the services on the Fabulr websites. Furthermore, the studio acknowledges that no claims against Fabulr, for any legal reason, can be asserted that are due to impairments and/or interruptions.
1.5 Fabulr merely provides the studio with a platform, a) to document, edit, store and use comedy media projects for public and studio-internal purposes, b) to connect the studio with other users, and provides only those technical applications that enable a general contact between users. Fabulr does not participate in the content of the communication between users. If contracts between users are initiated or concluded via Fabulr websites, Fabulr is not involved and therefore does not become a contracting party. Fabulr is not liable for breaches of obligations from the contracts concluded between the studio and other users or third parties.
1.6 Fabulr offers the studio the opportunity to link to other company profiles on Fabulr free of charge. Linking to one's own external company website is free of charge in comedy media projects.
2. Claim, Warranties in the Claim
2.1 The creation, claim, editing, publication, and use of comedy media projects is done via so-called editors of the studio already registered on Fabulr. Editors must be authorized by the studio and registered on Fabulr. By registering on Fabulr, the user acknowledges the terms and conditions of use of Fabulr websites.
2.2 Users assure that they are authorized by the studio to create and publish media projects when exercising editor rights.
2.3 The contract between the studio and Fabulr is concluded by the studio confirming the chosen service package for the use of the Fabulr Comedy Media Management System.
2.4 If an editor cancels his Fabulr registration or has been banned from using Fabulr, this editor may no longer edit or use the Comedy Media Management System. The Comedy Media Management System is temporarily deactivated in this case.
2.5 The studio has the right to revoke the authorization of the editor or to name another person as a replacement for the editor.
2.6 Each studio can authorize a limited or unlimited number of editors.
2.7 Each studio can create and publish a limited or unlimited number of comedy media projects on Fabulr, depending on the chosen service package.
2.8 When a new comedy media project is created, a vanity URL is assigned to it on Fabulr. A vanity URL is a URL that has an easily memorable and meaningful name combination. This consists of the industry, "fabulr.de" or "fabulr.com", the studio name, and the project title, e.g. https://music.fabulr.de/nonsensical-records/dysfunctional-chillout-music. A vanity URL is granted by Fabulr only for the duration of the publication of the media project to the studio. Studios do not have a claim to a specific Vanity URL on Fabulr. The following conditions must be strictly implemented for the Vanity URL:
3.1 Studios commit to ensuring that the public reproduction of the content and media such as logos, photos, audio files, PDF downloads, and integrated videos on Fabulr websites and media projects is permitted.
3.2 The studio commits to observing applicable laws and all third-party rights. Content of its own or third-party content posted in published comedy media projects must not violate existing law, infringe third-party rights, or endanger the reputation of Fabulr in any way. Studios are prohibited from
3.3 The content of the published media projects must be related to the studio. Exaggerated punctuation and capitalization, as well as URLs leading to external websites that are not related to the studio, are not permitted.
3.4 The studio is responsible for the fault of the editors to the same extent as its own fault. In particular, the studio must ensure that the editors observe the general terms and conditions for the use of Fabulr, the general terms and conditions for the use of Fabulr studio profiles, the general terms and conditions for the use of the Fabulr Comedy Media Management System, and the publication of comedy media projects, as well as applicable laws and all third-party rights when editing and using the studio profile.
3.5 If obligations from this contract, legal provisions, or third-party rights are violated, or if Fabulr has another legitimate interest, Fabulr can delete relevant content, temporarily or permanently deactivate media projects, and/or terminate the contract for the use of the Comedy Media Management System.
3.6 Fabulr reserves the right to impose the sanctions mentioned under 3.5, especially in the case that - when using chargeable services - the payment method specified by the studio is invalid, or the studio does not fulfill a payment obligation on time and/or sufficiently.
3.7 Complaints from users can lead to the temporary deactivation of comedy media projects.
3.8 The studio bears sole responsibility for ensuring that the hyperlinks set by the studio do not refer to third-party content that violates applicable law.
4. Other Rights and Obligations of the Studio
4.1 The studio is obliged to keep access data secret from unauthorized third parties. The studio will, in particular, store usernames and passwords in such a way that access to this data by unauthorized third parties is impossible. The studio commits to inform Fabulr immediately as soon as it becomes aware that an unauthorized third party knows the password.
4.2 As soon as important changes in the status of the studio occur, which may be relevant to the contractual relationship, the studio will inform Fabulr immediately.
4.3 Rights from the contract may only be transferred to third parties if Fabulr agrees to the transfer of these rights.
5. Duration, Termination of the Contract
5.1 The use of chargeable services (annual fees for the use of the Comedy Media Management System) initially runs over the minimum usage period booked by the studio. After this, these services are extended by at least one (1) year if they are not terminated in time by the studio or Fabulr. The studio and Fabulr can terminate the chargeable services without giving any reasons with a notice period of two (2) months to the end of the minimum usage period booked in the registration process or subsequently to the end of an extension period. The studio can terminate by using the contact form accessible from each page on the Fabulr websites or by letter to Fabulr. When terminating, the name of the studio, the username of the main administrator, and a registered e-mail address of the main administrator on the Fabulr websites must be stated. For studios that have granted rights to more than one editor, at least two people (main administrator and another person with editor rights) must confirm the termination before shutting down and finally deleting the content. Irrespective of the termination of chargeable services, other existing contractual relationships such as the free studio profile remain until they are separately terminated. The provisions in paragraph 5.1 do not affect the right of both parties to terminate for good cause.
5.2 An important reason for Fabulr exists especially when the continuation of the contractual relationship until the end of the notice period for Fabulr, taking into account all circumstances of the individual case and weighing the interests of Fabulr and the user (studio or the studio representing editors), is not reasonable. Important reasons are especially the following events:
5.4 In the event of an important reason according to paragraph 5.3, Fabulr can delete published content of the studio, issue a warning or block access to the services of Fabulr websites, regardless of termination according to paragraph 5.3.
5.5 If Fabulr terminates the contract according to paragraph 5.3 or blocks the studio's access according to paragraph 5.4, the studio's claim for a refund of already paid fees in advance is excluded.
5.6 In the event of termination of the contract for the use of the Comedy Media Management System, all content introduced by the studio during the contract period in media projects will be deleted after a transition period of 30 days, during which a data export should have been made on the part of the studio. The granting of the vanity URL from Fabulr to the studio is terminated with the termination of the contract.
6.1 By uploading or sharing comedy media projects on Fabulr, the studio grants Fabulr a worldwide, non-exclusive license to reproduce, adapt, distribute and publicly display the content in connection with the operation and promotion of the Fabulr platform.
6.2 This license extends to the use in all media formats and distribution channels currently known or later developed. If media formats are developed that are offered for sale (e.g., premium plans, books, magazines), the participating studios will be involved in the revenues. (In planning)
6.3 The Studio retains all ownership rights to the content and is still entitled to use or sell the content elsewhere.
6.4 The license expires when the content is removed from the Fabulr platform, unless the content was shared with others before its removal and they have saved or copied the content.
7.1 The fee for using the Comedy Media Management System is based on the package chosen by the Studio. (In planning)
7.2 Fees are due for payment in full upon invoicing for the entire term. Payment is possible with the offered payment methods. Invoices can be paid using the debit procedures offered there, especially the accepted credit cards or the online payment procedures offered there. If a fee cannot be collected, the Studio will bear all costs resulting from this, particularly bank fees in connection with the return of direct debits and comparable fees, to the extent that it is responsible for the event that triggered the costs. Fabulr can send invoices and payment reminders to the Studio electronically. Invoices will be made available for the Studio to download.
The Studio can submit questions and explanations about its contract or contracts or about Fabulr's services via the contact form, the contact email address, or by letter, accessible from every page of the Fabulr websites.
Fabulr reserves the right to change the services offered on the Fabulr websites or the range of functions of the Comedy Media Management System and its design, or to offer different services, provided this is not unreasonable for the Studio in individual cases.
Claims for damages against Fabulr, which presuppose slight negligence, exist only if a significant contractual obligation/cardinal obligation has been violated. A cardinal obligation is an obligation, the fulfilment of which the Studio could rely on and which allows the proper execution of the contract in the first place.
Claims for damages in this case are limited in amount to the typical foreseeable damage.
11.1 The Studio indemnifies Fabulr from all claims, including claims for damages, that other users or other third parties assert against Fabulr because of a violation of their rights by the content published by the Studio on the Fabulr websites and media projects. The Studio also indemnifies Fabulr from all claims, including claims for damages, that other users or other third parties assert against Fabulr because of the violation of their rights by the Studio's use of the services of the Fabulr websites.
11.2 The Studio assumes all reasonable costs incurred by Fabulr as a result of a violation of third party rights, including reasonable costs for legal defense. All further rights and claims for damages from Fabulr remain unaffected.
11.3 If the Studio's content violates the rights of third parties, the Studio will, at its own expense, secure the right to use the content for Fabulr or make the content free of proprietary rights.
11.4 All further rights and claims for damages of Fabulr UG i.G. remain unaffected.
12.1 Fabulr observes all relevant legal data protection requirements. Personal data of users will not be passed on to third parties without authorization or made known to third parties by Fabulr. The handling of data is regulated in detail in the privacy policy of Fabulr, which can be accessed from any of the Fabulr websites.
12.2 The Studio undertakes to comply with applicable data protection law.
13.1 Fabulr is entitled to change these T&Cs at any time without giving reasons. Fabulr will notify the Studio of changes to the T&Cs in good time. If the Studio does not object to the validity of the new T&Cs within six (6) weeks of the notification, the amended T&Cs are deemed to have been accepted by the Studio.
13.2 Unless otherwise agreed, the Studio can issue all declarations to Fabulr by email with the contact form accessible from any of the Fabulr websites, or the contact email address, or by letter to Fabulr. Fabulr can issue declarations to the Studio by email or letter to the addresses provided by the Studio as current contact details in its user account.
13.3 If individual regulations of these T&Cs are or become ineffective, this does not affect the effectiveness of the remaining regulations.
13.4 The place of fulfillment is the location of Fabulr.
13.5 The venue for merchants within the meaning of the Commercial Code (HGB) is the location of Fabulr.
13.6 German law applies, excluding international private law and the UN Sales Law incorporated into German law.