Terms & Conditions
THE DAILY PULSE
1 Scope of application
1.1 The following General Terms and Conditions apply to the user account on the website astraaccademy.com and in the App Promiflash (hereinafter jointly the “Offer” or “Promiflash”) as well as the use of the comment function on the offer and regulate the legal relationship between Celebrity News AG, French Street 12, 10117 Berlin (hereinafter: “Celebrity News”) and its users.
1.2 General terms and conditions deviating from these General Terms and Conditions shall not apply, unless their validity has been expressly confirmed by Celebrity News.
2 Conclusion of the User Agreement, User Account
2.1 The establishment of the usage account and the use of the comment function require registration. Registration is free.
2.2 Users must provide the data requested for registration truthfully and in full. In particular, users may not use data of third parties.
2.3 Users are obliged to immediately notify Celebrity News of any subsequent change to the data collected. This can also be done by updating the data in the password-protected usage account.
2.4 Upon sending of the registration form, users make an offer to conclude the user agreement.
2.5 Celebrity News may accept the offer of the contract by expressing an express statement (registration confirmation) to the users. The possibility of access to the password-protected user account is equivalent to an explicit declaration of acceptance. Upon acceptance of the offer, the user agreement is concluded.
2.6 Access to the password-protected usage account is only possible with the help of the user’s e-mail address and an individual password (hereinafter referred to as “access data”). Users must keep their access data secret and keep them protected from access by unauthorized third parties. If the access data has been lost, the users will inform Celebrity News immediately.
2.7 If users have already been permanently excluded from the use of Astra they may not (newly) register without the prior consent of Celebrity News.
2.8 The general terms and conditions can be viewed at any time in the offer. The contract is concluded in German.
3 Use of the comment function
3.1 Users can only use the comment functions with a prior registration and activation.
3.2 When using the comment function, the following rules apply:
3.3 Rights of use for comments
3.3.1 When users set content, users grant celebrity news to the content of simple, spatially and temporally unlimited rights of use to the extent necessary to operate the service. In particular, users grant Celebrity News the right to technically provide the relevant content on PROMIFLASH for retrieval and to make the necessary reproductions (save on the servers, etc.). In addition, you grant us the right to make the content publicly available, broadcast and otherwise publicly reproduce the content within the scope of our function as the operator of the platform.
3.3.2 The granting of the rights of use is in principle irrevocable and does not end with the possible end of the user agreement. The comments therefore remain available from PROMIFLASH if users cancel their usage account. However, users do not have a right to certain content appearing at PROMIFLASH.
3.4 Inadmissible Content
3.4.1 The comment column of PROMIFLASH is supposed to be a place for joint exchange. Therefore, illegal content and thus everything that violates laws, other legal provisions, these terms of use or rights of natural or legal persons are inadmissible.
3.4.2 Prohibitions are therefore, among other things, and above all: insults, hate speech, evil denunciation and slander and other false facts, violations of the right to protection of the privacy and intimate sphere, threats and, of course, also infringements of copyright or other intellectual property rights.
3.4.3 Advertising content for third-party products and services is also inadmissible.
3.5 Review of content
3.5.1 Celebrity News does not review the comments. A random check reserves the right to be performed by Celebrity News, especially in the case of indications of infringements.
3.5.2 Celebrity News also does not use automatic verification systems, filters or similar tools on PROMIFLASH that automatically scan, edit, lock, remove, or otherwise perform comments.
3.5.3 On PROMIFLASH there is a registration form, which can be used to report inadmissible content.
3.6 Consequences of violations
3.6.1 Celebrity News will either edit or delete comments and content that violates clause 3.4 in its sole discretion.
3.6.2 Celebrity News will also be able to delete the usage account in the event of serious violations or repeated minor violations and/or issue a house ban and permanently block users.
3.6.3 Celebrity News will inform all persons affected by a measure on the grounds of the decision.
3.6.4 Celebrity News will always be careful, objective and proportionate when reviewing content and implementing measures, and will take into account the rights and legitimate interests of all parties involved.
3.7 Your complaints
If affected users doubt the correctness of a decision, they can contact Celebrity News directly via one of the known contact addresses. There is no right to review or restore the content or a blocked or deleted account
3.8 Reporting of a suspicion of crime
Celebrity News is required by law to inform law enforcement authorities to the extent that Celebrity News becomes aware of information that substantiates the suspicion that a crime that poses a threat to the life or safety of a person or of persons has been committed, committed or could be committed.
4. Liability of users / exemption from liability
4.1 Users are liable for the content you have posted.
4.2 Users agree to indemnify or indemnify Celebrity News from any liability and any costs, including any and actual costs of a judicial proceeding, if Celebrity News is used by any third party because the respective User has violated or otherwise acted unlawfully in breach of the User Agreement, laws or rights of third parties.
4.3 Celebrity News will inform the respective user about the claim and, as far as legally necessary and possible, give the opportunity to defend the claim asserted. At the same time, the respective user will immediately provide Celebrity News with all information available to her about the facts that is the subject of the claim.
4.4 Any further claims for damages shall remain unaffected.
5 Termination of the User Agreement
5.1 The usage relationship may be terminated by both parties at any time by termination. A termination without notice for good cause is reserved for both parties. Any termination requires the text form of § 126 b BGB, i.e. at least one e-mail.
5.2 After termination of the contract, the user account, including the corresponding content, will be deleted. However, the comments remain available in principle.
6 Amendments to the General Terms and Conditions of Use and Other
6.1 Celebrity News reserves the right to change the terms of use at any time. In this case, Celebrity News will ask its users for consent.
6.2 German law shall apply to this contractual relationship and these Terms of Use to the exclusion of the UN Convention on Contracts for the International Sale of Goods and German and European conflict of laws claims. If the user is a consumer, the mandatory consumer protection provisions that apply in the state in which the user has his habitual residence shall also apply, insofar as these grant the user further protection.
6.3 Celebrity News is neither obliged to do so nor is it willing to participate in dispute resolution proceedings before a consumer arbitration board in the event of a dispute with users.
6.4 The contract between the user and Celebrity News is not in principle set out in a separate contract text that user could access. The content of the contract results from these general terms and conditions and the subject matter of the concluded contract. Only the German language is available for the conclusion of the contract.