Terms & Conditions

showfy by MAGIX Software GmbH


Version: November 2013


1. Area of validity

1.1 MAGIX Software GmbH, hereinafter referred to as "MAGIX", provides under the name "showfy" various services relating to the uploading and distribution of photo and video files in the form of streams. These services, hereinafter referred to as "the Service", are provided on the basis of the following terms and conditions.


1.2 General Terms and Conditions of the other contracting party shall be valid only if they have been confirmed in writing by MAGIX.


2. Registration, Contractual Agreement

2.1 Users are required to register in order to use the Service (upload, share, view and rate content). This registration creates a contractual user agreement for the Service between the customer and MAGIX. Registration is only permitted for legal adults whose legal competence is not restricted. The Service may only be used for private purposes. Registration is not permitted for persons under the legal age of majority or other natural persons with restricted legal competence. Registration is also not permitted for businesses as defined in § 14 of the German Civil Code (BGB).
2.2 The customer is obligated to provide truthful and complete data during the registration process. The use of pseudonyms or aliases is not permitted. In the case of a change to the recorded data after completion of the registration, the customer shall update the information in his or her profile without delay. 
2.3 By submitting the registration form, the customer issues an offer for a user agreement with MAGIX, agrees to the terms of use and ensures that the information provided is truthful and that he or she is not prohibited from using the service according to the terms set out in section 2.1.
2.4 The customer is obligated to keep his or her login details confidential and to protect them from being revealed to third parties. If the customer becomes aware that this confidentiality has been compromised or suspects that the login details are being used by third parties, he or she shall report this to MAGIX without delay.
2.5 There is no inherent right to registration. MAGIX reserves the right to refuse the customer's registration without an explanation of the reasons. Multiple registrations are not permitted. MAGIX reserves the right to delete respective profiles without warning.
2.6 If MAGIX accepts the registration, the customer shall receive a confirmation email with a confirmation code. The issuance of this confirmation email creates a contractual user agreement between MAGIX and the customer. 
2.7 MAGIX is entitled to block the profile immediately: 
  • When false information was entered during the registration process
  • When login details have been lost or there is reason to believe that they are being misused by third parties
  • When the customer has violated the MAGIX general terms and conditions, in particular in the case of multiple registrations, or if the customer violates the regulations defined in section 2.4 (content).
  • In the case of any other important reason
In a case where a profile has been blocked, the customer shall not be permitted to register with showfy.com again and create a new profile without explicit consent from MAGIX.


3. Cancellation policy

Right of withdrawal
Insofar as you have registered for access to a fee-based service, you may cancel the contract in writing within 14 days of submission without providing any reasons (e.g. by post, fax, email). The period begins upon receipt of this information in writing, but not before conclusion of the contract and also not prior to fulfillment of our duty to inform as per Article 246 § 2 in conjunction with § 1 subsections 1 and 2 of the EGBGB (Introductory Law of the German Civil Code) as well as our duties as defined in § 312 section 1 clause 1 BDB (German Civil Code) in conjunction with Article 246 § 3 EGBGB. To ensure the right of cancellation, it is sufficient to send the withdrawal with due notice The cancellation should be sent to:
MAGIX Software GmbH, Customer Care, Borsigstr. 24, 32312 Lübbecke, Germany or using the contact form.
Consequences of cancellation / Notice about compensation obligations
In case of a valid cancellation, the value of goods received by both sides shall be reimbursed and possible use shall be returned (e.g. interest). If the value of goods ordered can not be returned or can only be returned in a worsened condition, the value must be replaced. This means that you may still have to fulfill your contractual payment obligations for the period until the withdrawal. The obligation to refund payments must be fulfilled within 30 days. The period begins for the user upon sending the cancellation notice; for us, this period begins when they are received.
Important Notices
With respect to a service, your right to cancellation expires if the contract has been fully completed by both sides at your request before you have exercised your right to cancellation. If you are a business person as defined by § 14 of the German Civil Code, and are exercising your commercial or freelance duties, the right of cancellation does not apply. The right to cancel the order does not cover instances described in Section 312d IV of the German Civil Code, or specifically any delivery of services, audio, and video material or software, provided that the delivered data storage devices have been unsealed by the customer or contracts for software programs that are download version. 
End of cancellation instructions

4. Content, Use

4.1 MAGIX stores the submitted photos, videos, music and information ("Content") for the customer and solely grants access to them. The customer is solely responsible for the publishing of his or her Content stored on the servers. The customer guarantees that these do not violate any legal prohibitions, conventional customs or third party rights (name, trademark, personal, copyright, data protection rights etc.). The customer furthermore guarantees that the Content uploaded by him or her does not violate an legal prohibitions or conventional customs. In particular the customer obligates himself or herself not to display any racially prejudiced content, content that promotes criminal activity or provides instructions for this purpose or to make accessible, transmit or distribute content that is pornographic, commercially erotic, dangerous to minors or a glorification of war and violence. Therefore it is not permitted to present Content of a political nature, such as party meetings, demonstrations, flyer campaigns or petition actions as well as the illustration of political symbols. 
4.2 The customer further guarantees that the Content uploaded by him or her does not pose a danger to the condition or operation of MAGIX systems due to its type or properties (e.g. viruses), size or duplication (e.g. spamming); MAGIX reserves the right to restrict the number and/or size of the Content that can be uploaded within a specific time span in order limit unwanted or unreasonable use of the Service. The basic amount of the storage space available to the customer depends on the respective offer. 
4.3 By submitting the Content to the Service, the customer grants MAGIX the non-exclusive, transferable, sub-licensable and geographically unrestricted right to use the Content for the purposes of fulfilling the contract. This right ends when the customer cancels the user agreement with the exception of Content which the customer published, made known and/or shared with other people. 
4.4 MAGIX shall not monitor, check or edit the Content, but reserves the right to remove or block Content without stating a reason and with or without notice, or to make Content inaccessible, especially in cases where it is assessed by MAGIX to be in violation of this agreement. 
4.5 In the case of a breach of these obligations by the Customer, he or she shall be liable to MAGIX for compensation of any resulting direct or indirect damages. The customer exempts MAGIX from responsibility for any third party claims resulting from a breach of contract.

5. Services

5.1 MAGIX grants the customer a basic, non-transferable right to use the Service. This right is restricted to private, non-commercial use. The right to use the Service shall end upon expiration of the contract. 
5.2 The Service is offered as a no cost free version and as a fee-based version with expanded functionality. The free version is financed by advertising among other things. Within the scope of using this Service the customer shall agree to the display of advertising banners, text announcements and other forms of advertising from third parties. 
5.3 MAGIX reserves the right to change or discontinue the Service (or a part thereof) either temporarily or permanently. If necessary, MAGIX shall post notice on the website www.showfy.com and/or send an email notification to the main email address connected to the user account to inform about any significant changes to the Service. The user is therefore responsible for regularly checking the email account which corresponds to the email address entered during the registration process. The user agrees that MAGIX shall not be liable to him or her nor to any third parties for changes or termination of the Service. If the user has paid to use the Service and MAGIX terminates the Service or significantly reduces its functionality, MAGIX shall be obligated to reimburse the paid fees proportionally. 

6. Prices and payment for fee-based services

6.1 MAGIX shall be entitled to demand payment of service fees up to 12 months in advance. Payment is due on receipt of the confirmation mail. Payment shall be made by direct debit or credit card. The customer agrees, if necessary, to accept invoices electronically.
6.2 MAGIX is entitled at any time to increase prices after a period of 6 (six) weeks following written notice. The change in price shall take effect if the customer does not object to the modified price within six weeks. Should the customer object within this time period, both parties are entitled to cancel the contract with a period of a month's notice until the end of the month. If the customer raises no objections, the new price shall take effect, but only after the extension of the contract following the announcement of the change. For the rest of the current contract, the price change has no effect. 
6.3 If the customer becomes in arrears with payments, MAGIX shall be entitled to discontinue all Services within the scope of the offer and the customer shall remain obligated to pay the agreed remuneration for this period.
6.4 The customer can only contest demands from MAGIX with unopposed or legally arbitrated counterclaims. The customer can only exercise the right of retention if the counterclaim refers to the same contractual relationship. Assigning a customer's claims against MAGIX to third parties is excluded. If payment is made by direct debit order and this order cannot be redeemed, MAGIX shall charge an administration fee amounting to EUR 9.60 for every debit entry plus the respective bank charges incurred by MAGIX. In this case the customer shall be entitled to prove that lesser or no damages were incurred by MAGIX. 

7. Contractual period and cancellation

7.1 The contractual period depends on the respective offer selected by the customer. 
7.2 The contractual period of fee-based offers is automatically extended by the length corresponding to the selected offer, by a maximum of 12 months, unless the contract is cancelled by one of the parties, in writing, at least 4 (four) weeks before the expiration of the contract. Free services can be cancelled at any time for any reason and without a notification period. 
7.3 The cancellation must be sent in writing by post or by email. Cancellation by email shall only be valid when it has been sent from the same email address that the customer used for the registration process. Cancellation must be submitted in writing to MAGIX Software GmbH, Customer Care, Borsigstr. 24, 32312 Lübbecke, Germany or using the contact form.
7.4 The right of termination without notice remains unaffected. MAGIX is entitled to termination without notice, especially in cases where the customer enters false information during the registration process, violates this user agreement through the use of prohibited Content, or becomes in arrears with payments amounting to a minimum of two monthly service fees.
7.5 In the case of a cancellation for an important reason, MAGIX shall be entitled to block the Service.
7.6 If the customer cancels the contract, MAGIX shall save the Content submitted by the customer for a period of one month after the termination of the contract takes effect. 

8. Amendments to the terms and conditions

MAGIX reserves the right to amend or supplement these terms and conditions with a reasonable notification period. The notice shall be provided by email and on the Internet site www.showfy.com. The change shall be considered accepted by the customer if he or she does not raise objections or cancel the contract within one month of receiving the notice. The notification of change from MAGIX is a proper cancellation as outlined in the precedent conditions in the case of an objection by the user. In its announcement of the changes MAGIX will indicate the options of raising objections and canceling the contract, as well as the terms and legal repercussions of exercising these options, especially with regard to ceased objections. 

9. Liability

9.1 MAGIX stores the Content for the customer and solely grants access to them. MAGIX accepts no liability for the contents. 
9.2 MAGIX shall be liable to the customer for damages according to the legal definition insofar as these damages were caused by deliberate or gross negligence, were the result of failure to provide the guaranteed properties of the Service, were related to a culpable breach of the contractual obligations (see section 10.2), were the result of culpable injury to health, body or life, or in the case of liability according to product liability laws. Principal contractual obligations (cardinal duties) are those contractual obligations whose correct performance is essential to making the contract at all possible, whose adherence can regularly be relied upon by the contractual partners and whose breach impedes the injured party's ability to fulfill the purpose of the contract.
9.3 Apart from that, liability on the part of MAGIX as well as liability for fulfillment and vicarious agents is excluded regardless of the legal reason.
9.4 A change in the burden of proof to the disadvantage of the customer is not related to the foregoing provision. 
9.5 MAGIX is not liable for damages that occur as a result of third parties infringing upon customer copyrights for uploaded content. 

11. Final provisions

11.1 The laws of the Federal Republic of Germany govern the legal relationship between the customer and MAGIX. 
11.2 If the contractual partner is a merchant, a corporate body under public law or under fund assets governed by public law, Berlin shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contract relationship. 
11.3 In the case that one or more of the provisions in this agreement is or becomes ineffective in whole or in part, the remaining provisions shall be unaffected thereby. A partially or completely ineffective provision shall be replaced by an effective provision that is closest to the originally intended purpose from a business perspective.

10. Data protection

Personal data is collected, processed, and utilized by MAGIX without further explicit customer agreement during the contractual period only for the purpose of contract fulfillment, including invoicing. Data collection, utilization, and processing are performed electronically. Detailed information about this can be found in our privacy statement.