"fabulr.com" refers to the service that is the subject of the contract and/or Fabulr UG i.G..
Preamble
By registering as a user on fabulr.com, you accept the following General Terms and Conditions for the use of fabulr.com (hereinafter referred to as "GTC").
fabulr.com operates under various top-level domains (fabulr.com etc.), as well as under various subdomains and aliases of these domains, the services of fabulr.com. All websites where fabulr.com provides its services are hereinafter referred to as the "Fabulr Websites".
These GTC govern the contractual relationship between the user and fabulr.com on all Fabulr Websites.
The user concludes the contract for the use of the services of fabulr.com with Fabulr UG i.G., Haimhauserstraße 8, 80802 Munich.
The offer of the services of fabulr.com is addressed exclusively to adults.
These GTC can be accessed, printed, and downloaded or saved via the "GTC" link accessible from each of the Fabulr Websites.
1.1 The Fabulr Websites can be used for free to search for and view comedy media content and studio information. fabulr.com offers users two usage options: a) temporary use without registration on fabulr.com and b) use as a registered user (e.g., to save and manage search results, use teamwork functionalities, subscribe to studio profiles, etc.). The publication of studio profiles, the use of the Comedy Media Management System, as well as other services, are regulated by separate GTC.
1.2 Any use of the services and content offered on the Fabulr Websites beyond the possibilities provided by fabulr.com requires the prior written consent of fabulr.com.
1.3 fabulr.com is entitled to remove illegal content from the Fabulr Websites if user-provided data and/or information are made available to other users provided that this data and/or information do not violate legal regulations or these GTC.
1.4 The user acknowledges that a 100% availability of the Fabulr Websites is technically not feasible. Maintenance, security, or capacity concerns, as well as events outside the control of fabulr.com (such as disruptions to public communication networks, power failures, etc.), may lead to temporary disruptions or the temporary suspension of services on the Fabulr Websites.
1.5 fabulr.com merely provides a platform for users to connect with content from other users and these other users, and only provides such technical applications that enable general contact between users. fabulr.com does not participate in the communication between users. If contracts are initiated or concluded between users via the Fabulr Websites, fabulr.com is not involved and thus does not become a contracting party. fabulr.com is not liable for breaches of obligations by users from contracts concluded between users.
1.6 Partner offers for advantage offers are, unless expressly described otherwise, only available for users of the fabulr.com Comedy Media Management System or for groups of users freely definable by fabulr.com. fabulr.com acts only as an intermediary in the contracts concluded with the partners. With these partner offers, the GTC and data protection declarations of the respective partner companies apply. Contract and contact persons are exclusively the respective partner offers, which carry out the complete booking process.
2. Registration, Representations at Registration
2.1 Before using services and performance on fabulr websites that go beyond the free search and research functions, the user must register on fabulr.com.
2.2 The user assures that all personal data provided at the time of registration is true and complete. The user is obliged to inform fabulr.com immediately of any changes to their user data. Pseudonyms may not be used by users. This does not apply to comedy media content, which may be fictional.
2.3 By registering, the user assures that they are at least 16 years old at the time of registration.
2.4 The user chooses a password during registration and is obliged to keep this password secret. fabulr.com will never ask the user for the password.
2.5 The contract between the user and fabulr.com is concluded with the completion of the registration process.
2.6 fabulr.com cannot technically determine with certainty whether a user registered on the Fabulr Websites actually represents the person they claim to be. Therefore, fabulr.com does not guarantee the actual identity of a user. Each user is therefore responsible for confirming the identity of other users.
3. Revocation Instruction for Consumers
If you register with fabulr.com for a purpose that cannot be attributed to your commercial or independent professional activity, the following provisions apply to you as a consumer within the meaning of the law (§ 13 German Civil Code):
3.1 Right of Withdrawal
You can revoke your contractual declaration within 14 days without stating reasons in text form (e.g., letter, email). The deadline begins after receipt of this instruction in text form, but not before the conclusion of the contract. To meet the withdrawal deadline, timely dispatch of the revocation suffices. The revocation should be addressed to:
Fabulr UG i.G.
Email: info@fabulr.com
Haimhauserstr. 8
80802 Munich
The revocation can also be transmitted via the Contact Form accessible from every page on the Fabulr Websites.
3.2 Consequences of Revocation
In the event of an effective revocation, the services received by both parties and any benefits derived (e.g., interest) must be returned. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation declaration, for fabulr.com with its receipt.
End of the revocation instruction.
4. Duties of the User
4.1 The user of fabulr.com websites is obliged to,
5. Term, Termination of the Contract, Refunds for Prepaid Fees
5.1 The user may terminate the free registration at any time without stating reasons. The termination can be done by the logged-in user via the area "Settings" > "Terminate User Account" accessible from every page on the Fabulr Websites.
5.2 The use of chargeable services (coming soon) initially runs through the minimum usage period booked by the user. Thereafter, these services extend for at least one (1) year if they are not terminated in time by the user or fabulr.com. The user and fabulr.com can terminate the chargeable services without giving reasons with a notice period of two (2) months at the end of the minimum usage period booked during the registration process or subsequently at the end of a renewal period. The termination can be done via the contact form on the Fabulr Websites, by letter to fabulr.com or via the Contact Form. When terminating via the contact form or letter, the user name and an email address registered on the Fabulr Websites must be provided by the user. After termination of chargeable services by the user, the user retains the status of a registered user until this is terminated. The provisions in section 5.2 do not affect the right of both parties to terminate for important reasons.
5.3 An important reason for fabulr.com exists in particular if continuing the contractual relationship until the expiration of the legal notice period is not reasonable for fabulr.com considering all circumstances of the individual case and weighing the interests of fabulr.com and the user. Important reasons include the following events:
5.4 In the event of an important reason according to section 5.3, fabulr.com may, regardless of a termination according to section 5.3, delete content published by the user, issue a warning to the user, or block access to the services of fabulr.com websites.
5.5 If fabulr.com terminates the contract according to section 5.3 or blocks the user's access according to section 5.4, the user's entitlement to a refund of prepaid fees is excluded.
6. Responsibility for User Content
6.1 fabulr.com assumes no responsibility for the content, data, and/or information provided by users of the Fabulr Websites, nor for content on linked external websites. fabulr.com does not warrant that content made accessible by users is true, serves a particular purpose, or can accomplish such a purpose.
6.2 The user can report illegal or contract-violating use of the Fabulr Websites via the "Report Abuse" function on studio profile and comedy media project pages or with the Contact Form accessible from every page on the Fabulr Websites.
Users can send questions and declarations regarding their contract or contracts or the services of fabulr.com via the Contact Form accessible from every page on the Fabulr Websites or by letter.
8. Changes to Services
fabulr.com reserves the right to change the services offered on the Fabulr Websites or to offer different services, unless this is unreasonable for the user.
Claims for damages against fabulr.com that require slight negligence are only valid if a material contractual obligation/cardinal duty has been violated. A cardinal obligation is a duty on the observance of which the user was allowed to rely and which is essential for the proper execution of the contract.
In this case, claims for damages are limited in amount to the typical foreseeable damage.
10.1 The user indemnifies fabulr.com from all claims, including claims for damages, that other users or other third parties assert against fabulr.com due to a violation of their rights by the content posted by the user on the Fabulr Websites. Furthermore, the user indemnifies fabulr.com from all claims, including claims for damages, that other users or other third parties assert against fabulr.com due to the violation of their rights by the user's use of the services of the Fabulr Websites. The user assumes all reasonable costs incurred by fabulr.com due to a violation of third-party rights, including the reasonable costs incurred for legal defense. Further rights and claims for damages of fabulr.com remain unaffected.
10.2 If the user's content violates third-party rights, the user will at their own expense obtain the right for fabulr.com to use the content or make the content free of protective rights.
fabulr.com observes all relevant legal data protection provisions. Personal data of users will not be unauthorizedly disclosed to third parties or made known to third parties by fabulr.com. The handling of data is regulated in detail in the Data Protection Regulations of fabulr.com, accessible from each of the Fabulr Websites.
12.1 fabulr.com is entitled to change these GTC at any time without stating reasons. fabulr.com will notify the user in good time about changes to the GTC. If the user does not object to the validity of the new GTC within six (6) weeks after the notification, the amended GTC are considered accepted by the user.
12.2 Unless otherwise agreed, the user can submit all declarations to fabulr.com by email with the Contact Form accessible from each of the Fabulr Websites or the contact email address or send them by mail to fabulr.com. fabulr.com can deliver declarations to the user by email or mail to the addresses specified as current contact details in the user's account.
12.3 If individual provisions of these GTC become ineffective or are nullified, this does not affect the validity of the remaining provisions.
12.4 The place of fulfillment is the headquarters of fabulr.com.
12.5 The place of jurisdiction for merchants within the meaning of the German Commercial Code (HGB) is the headquarters of fabulr.com.
12.6 German law applies, excluding the principles of international private law and the UN Convention on Contracts for the International Sale of Goods incorporated into German law.
