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Extended Terms of Use for BusinessMember / Supercircus Radio (SCR)

 

Status 02/01/2022

 

Below you will find important legal provisions that apply to all BusinessMember as users of our services in addition to the SCR Terms of Use . 

We would like to point out that all formulations, regardless of the grammatical gender used, are aimed at all people, regardless of gender orientation.  

 

1. Scope / Definition

1.1 The following "Extended Terms of Use for BusinessMember" apply to all orders within the framework of advertising (spots) and associated additional services on the websites (see the Terms of Use) of Supercircus Radio (SCR).

1.2 A BusinessMember on/in Supercircus Radio is an advertiser. An advertiser is any natural or legal person who places an order with SCR to place advertising (spots) and/or other advertising measures.

1.3 Orders are generally placed by taking out a business membership/subscription (hereinafter “business package”) on the SCR website.

1.4 Business memberships/subscriptions are not aimed at consumers.  

 

2. Terms of Order

2.1 Clients are users within the meaning of the SCR Terms of Use and, in particular, advertisers as defined in paragraph 1. 

2.3 The contractor is Beringer GmbH, Augustusplatz 1-4, 04109 Leipzig, Germany, District Court of Leipzig HRB 39016, VAT ID: DE342528051.

2.2 Spots and all materials used as part of the order must follow the guidelines of the SCR Codex and must not contradict the Terms of Use. They must comply with the legal regulations in the commissioned broadcasting period, in particular the law against unfair competition and other competition law regulations. 

2.3 The scope of the order is based on the service descriptions of the individual business packages.

 

3. Order Acceptance and Refusal

3.1 Orders require acceptance by Beringer GmbH. The full payment of the defined amount in the monthly subscription must be made in advance for acceptance. After receipt of payment, the order is accepted by sending an automatic confirmation email. The text form is sufficient for the acceptance, as well as for any changes or additional agreements (which can also be added to the order after the order has been accepted).

3.2 Regardless of the automatic order acceptance after receipt of payment, orders can be rejected under certain conditions. This is particularly the case when

  • Spots and/or submitted materials do not meet the content and/or technical requirements of the terms of use, the SCR codex and the technical requirements in the respective upload form.

  • Spots and/or submitted materials violate the legitimate interests of Supercircus Radio and/or Beringer GmbH.

3.3 Clients will be informed immediately of a rejection.

3.4 Orders that have already been accepted can also be rejected in accordance with the conditions in 3.2 or in part not broadcast or published.

3.5 Before partial or complete rejection due to the conditions mentioned in 3.2, Supercircus Radio has the option, at its discretion, to rectify the matter by repeated uploading or by sending individual materials by e-mail. This is particularly the case if technical requirements have not been met or could not be met. Any delay in the publication of the affected spots and/or materials or the cancellation of booked broadcasting times shall be borne by the client.

 

4. Use Rights

4.1 The client transfers to Beringer GmbH copyright rights of use, ancillary copyrights and other rights of use to Beringer GmbH under Supercircus Radio or directly provided spots and materials, namely temporally, locally and factually to the extent necessary for the execution of the order. This also includes the right of transfer and disclosure to third parties who are or will be involved in the process of fulfilling the order. 

4.2 The right of use entitles in particular, without being limited to publication, using all known and unknown technical and economic forms and processes. This also includes:

  • the right to simultaneous, unmodified exploitation in online media of all kinds, including the Internet, in particular the Supercircus Radio websites (see also the SCR Terms of Use for a definition), regardless of which receiving device is used.

  • The right to make a recording and to hand it over to third parties for illustrative purposes or to check any legal claims, subject to compliance with the respective usage regulations.

  • The right to use all materials intended for publication, in whole or in part, without time and location restrictions, in all media, in particular the Supercircus Radio websites and on the Internet, free of charge for the purpose of advertising and customer acquisition.

4.3 Subject to the granting of rights from 4.2, the client guarantees that he has acquired or holds copyright rights of use and performance for all materials that are made available for use. He guarantees that he is entitled to the above granting of rights and exempts Beringer GmbH from any claims by third parties.

 

5. Responsibility and Disclaimer

5.1 The customer is solely responsible for the content of the spots and the materials made available for publication. The client is solely responsible for the legal admissibility and indemnifies Beringer GmbH from all claims of third parties as well as from all damages and costs arising in this connection. 

5.2 The same applies in the event of a culpable breach of a contractual obligation by the client or third parties who have been obligated by the client to fulfill this contractual obligation.

5.3 In the event of reduced or insufficient performance by Beringer GmbH, the customer's claims are limited to rectification or, if rectification is not possible, to a price reduction. A reduced performance is given if the transmission frequency (number of placements ordered/quantity) with regard to spots and/or the complete presence of advertising placements of other materials on the SCR website was not achieved within the agreed period of time. An unsatisfactory service is given if the commissioned broadcasting time of spots (time placement in the broadcast program) and/or the general presence of advertising placements of other materials on the SCR website were not achieved within the agreed period.

 

6. Final Provisions

6.1 The law of the Federal Republic of Germany applies.

6.2 Should individual provisions be wholly or partially ineffective, this does not affect the validity of the "Extended Terms of Use for BusinessMember". Instead, such regulations shall be deemed to have been agreed which come closest to what the parties would have agreed on from an economic point of view if they were aware of the invalidity. The same applies in the event of a loophole.

6.3 Place of performance and place of jurisdiction is Leipzig.

 

Subject to change.

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