Terms and Conditions

Table of Contents:

  • § 1 Subject of Service
  • § 2 Provision of Services
  • § 3 Booking of Service Packages, Payment
  • § 4 Provision, Availability
  • § 5 Usage Rights
  • § 6 Duration, Termination
  • § 7 Right of Withdrawal
  • § 8 Misuse, Access Suspension
  • § 9 Data Protection
  • § 10 Limitation of Liability
  • § 11 Final Provisions

We are pleased that you are interested in our services. Below you will find our general terms and conditions:

§ 1 Subject of Service

The Creators Club GmbH ("Provider") provides the user ("User"; Provider and User each also referred to as a "Party" and collectively as the "Parties") access to this website (creators-club.com; the "Website") as well as the offered services, products, and content in accordance with the following terms of use ("Terms and Conditions"). Any differing terms and conditions of the User shall not apply. This also applies to differing conditions referenced by the User in connection with their order, acceptance, use of services, payment, or any communication with the Provider.

For services provided on the Website by third parties, either clearly provided by third parties or expressly labeled as third-party services, different conditions of the respective third-party provider may apply.

§ 2 Provision of Services

The Website offers information on social media, video editing, and digital marketing ("Content"). Paid content is provided to the User for a limited time for personal use as part of the subscribed service package. Access to certain paid content requires personal registration via the Website and a binding subscription to a service package.

The offer is exclusively intended for use by private end consumers. Commercial use by the User or the paid or unpaid resale or provision of services by the User to third parties is not permitted. This especially applies to providing third parties with access data (e.g., username, password) for use.

The Provider offers the User various service packages. The content and scope of individual service packages are derived from the product description valid at the time of contract conclusion.

Content on this Website is continuously developed and improved. Even during the ongoing contractual relationship, content may be newly uploaded, altered, and content that the Provider believes should no longer be displayed may be removed. Unless explicitly stated otherwise in the respective package, the User has no claim to specific content and, in particular, no claim that content already uploaded will remain on the Website (whether altered or unaltered) for the duration of their contract.

§ 3 Booking of Service Packages, Payment

To book a service package, it is necessary for the User to create an account. The User is required to provide complete and accurate information regarding their identity and payment details. Each User may only create one user account. The Provider reserves the right to reject registrations automatically or at its discretion. The User guarantees that they are authorized to use the payment information provided. The Provider reserves the right to verify the User's identity. The Provider may store the IP address of the internet connection from which the registration was made.

The User gains access to a service package after they have subscribed to it and paid for it using one of the available payment methods. Binding registration (contract conclusion) is done by clicking the corresponding confirmation during the registration and payment process. Before concluding a paid service package, the User is informed about the content of the package, duration, prices, and payment terms.

For payment methods that do not immediately credit the Provider or are not guaranteed by a third party, the Provider reserves the right to withhold necessary access data (e.g., passwords) until payment is received or to enable access to the subscribed service package only after payment is received.

Access data is either set by the User or provided to the User via email or other electronic means. The User is obligated to keep the access data confidential and not share it with third parties. The User is responsible for the careful handling of the access data. If the User learns or suspects that a third party has gained unauthorized access to their access data or is using their account without permission, they must immediately inform the Provider in writing.

The right to use the access data and the paid service packages is exclusive to the registered User and their personal use. The authorization is non-transferable and may not be shared with third parties, either temporarily or permanently, whether for payment or free of charge.

§ 4 Provision, Availability

The Provider makes the content available exclusively through this Website. The Provider ensures a reasonable connection of the Website to the publicly accessible internet. However, the Provider cannot guarantee that the Website will be accessible from any location in the world at all times, as the connection between the Website and the User is not within the Provider's control. The Provider is not liable for minor interruptions in the availability of the Website that do not prevent the User from accessing the content of the Website during their service period.

Using the service and accessing content requires the use of a suitable internet browser by the User. The Provider supports one or more internet browsers of its choice. The Provider does not guarantee accessibility via a specific internet browser and reserves the right to discontinue support for a browser type, particularly in the case of significant changes by a browser provider or due to security concerns.

Using the content may require additional programs or browser plugins. The User is responsible for adequately protecting themselves against viruses and other harmful code forms or attacks by third parties via the internet or the misuse of the Website by third parties.

§ 5 Usage Rights

The content on the Website is extensively protected by copyright and other intellectual property rights. The content offered on the platform remains the property of the Provider or the Provider's licensors. This applies particularly to all videos, audios, photos, illustrations, and texts. All rights to the content remain expressly reserved unless otherwise expressly stated below.

The offered content is made available to the User exclusively for online use. The User is entitled to use the offered content within the scope of the subscribed service package and for their own private purposes. This includes displaying and playing the respective content on the devices used by the User. Storing, printing, and reproducing the provided content is permitted only for the User's own private purposes and not for sharing with third parties in any form. The User is not allowed to modify, edit, or link the content with third-party content, play or perform the content publicly, make it available, or otherwise display it publicly, remove or obscure copyright notices, or use the content for their own or third-party commercial purposes.

§ 6 Duration, Termination

The paid service packages have the minimum durations stated in the product description, specified in months or years. The first day of the contract period is the day the contract is concluded.

If the respective service package is not terminated by either party before the end of the service period, it will automatically renew indefinitely and may be terminated by either party at the end of any month. The right to extraordinary termination remains unaffected.

If an annual membership renews indefinitely, the User must pay a prorated amount of one-twelfth of the annual fee at the beginning of each month.

If a monthly membership renews indefinitely, the User must pay the monthly fee at the beginning of each subsequent month.

§ 7 Right of Withdrawal

Consumers have a statutory right of withdrawal when concluding a distance selling contract, about which the Provider informs according to the statutory template below. Exceptions to the right of withdrawal are regulated in the following paragraph. The third paragraph of this section contains a sample withdrawal form.

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day the contract is concluded.

To exercise your right of withdrawal, you must inform us (Creators Club GmbH, Hermann-Staudinger-Straße 3a, 76829 Landau in der Pfalz) by means of a clear statement (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not mandatory. You can also electronically fill out and submit the model withdrawal form or another clear statement on our website. If you use this option, we will promptly (e.g., by email) acknowledge receipt of such a withdrawal.

For sending the withdrawal statement by email, you can use the following email address: support@creators-club.com.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we will reimburse all payments received from you, including the costs of delivery (except for the additional costs arising if you chose a type of delivery other than the least expensive standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.

You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

Model Withdrawal Form

(If you want to withdraw from the contract, please fill out this form and send it back.)

— To [insert the name, address, fax number, and email address of the entrepreneur]:

— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

— Ordered on (*)/received on (*),

— Name of consumer(s),

— Address of consumer(s),

— Signature of consumer(s) (only if this form is notified on paper),

— Date

(*) Delete as appropriate.

§ 8 Misuse, Access Suspension

The Provider is entitled to block the User's access to paid content or the User's account without notice (temporarily or permanently) if there is an important reason. An important reason exists in particular if the Provider is entitled to terminate the contract without notice, the User is in default of payment, the payment data is incorrect or erroneous, or there are indications of misuse of the Website (the "Misuse"), in particular in the case of use contrary to these Terms and Conditions, by the User themselves or by third parties using the User's access data.

Misuse exists in particular if:

  • a) The User's access data is used by more than one person or by persons other than the User;
  • b) Offensive, harassing, or otherwise unlawful statements or content are distributed via the User's account; or
  • c) The User's access is used in a way that compromises or threatens the integrity or security of the Provider's IT systems or the use of the Website by other Users.

The Provider will end the suspension as soon as the reasons for the suspension no longer apply or it is found that there was no violation of the Terms and Conditions. The Provider's right to terminate for an important reason, particularly due to misuse or breach of the User's duties or obligations regarding their access data, remains unaffected. If it is later found that there was no breach of the Terms and Conditions by the User, the User's service period will be extended by the time the User's access was suspended, with each day of suspension counting as a full additional service day.

If the User does not use their account for more than six (6) months after all service packages have expired, the Provider is entitled to delete the User's account after notice by email to the address stored in the account and after a one-month period unless the User resumes using the account within this period. Legal retention obligations regarding User data remain unaffected.

§ 9 Data Protection

The Provider collects, processes, and uses the personal data provided by the User for the purpose of contract execution in compliance with applicable data protection laws, in accordance with the privacy policy provided on this Website. You can view our privacy policy here.

§ 10 Limitation of Liability

The Parties are fully liable for damages resulting from injury to life, body, or health, based on an intentional or negligent breach of duty by the respective Party, as well as their legal representatives and vicarious agents. Furthermore, the Parties are liable for other damages resulting from intentional or grossly negligent breach of duty and fraud by the Parties as well as their vicarious agents. Liability under the Product Liability Act and for the assumption of a guarantee remains unaffected.

For damages based on simple negligence, the Parties are otherwise only liable if the negligence concerns the breach of such contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the respective other Party may therefore rely (cardinal obligations). In all other cases, liability for simple negligence is excluded.

The liability of the Parties is limited, as far as legally permissible, to the typical and foreseeable damages. In the event of data loss, liability is limited to the typical recovery effort. Both Parties remain responsible for the proper storage of their data.

§ 11 Final Provisions

Contracts between the Provider and the User are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The statutory provisions restricting the choice of law and the applicability of mandatory provisions, especially those of the state in which the User has their habitual residence as a consumer, remain unaffected.

If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the Provider is the Provider's registered office.

The contract remains binding even in the event of the legal ineffectiveness of individual points in its other parts. The statutory provisions shall apply in place of the ineffective points. If this would represent an unreasonable hardship for one of the Parties, however, the contract will become invalid as a whole.

If you have any questions, you can contact us at support@creators-club.com.

Copyright 2024 Creators Club GmbH