§1 Validity, definitions of terms
(1) Deutsche Drama GmbH, Kreuzberg 35, 83714 Miesbach, Germany (hereinafter: “we” or “Club23”) operates an online writing school with online courses in eLearning format (hereinafter: “Courses”) as well as other programs and services (e.g. webinars, live courses, etc.) for writers and creative professionals under the website https://www.club23.de. Club23’s offering is a predominantly fee-based offering that is clearly identified as such. These general terms and conditions (hereinafter: “GTC”) apply to the entire business relationship between Club23 and the clientele/users (hereinafter: “clientele”, “users” or “you”).
(2) “Consumer” within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. “Entrepreneur” is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity, whereby a partnership with legal capacity is a partnership that is endowed with the capacity to acquire rights and enter into liabilities.(3) The ABG apply equally to free and paid offers and in their respective valid version. They apply exclusively and represent the complete contract between you as a user and Club23 for the use of the online writing school and the free and paid offers and services contained therein. Deviating contractual conditions of the user are only valid if they have been confirmed in writing by Club23. The GTC can be called up at any time at the address https://www.club23.de/en/gtc/. This serves just as a translation. They are only legally binding in their German form at https://www.club.de/agb/.
§ 2 Registration, User Account, Technical Requirements
(1) To use Club23, you must first register and create a user account. When registering, you must confirm your email address via double opt-in.
(2) With the registration you accept these terms and conditions. Registration creates a contractual relationship between you and us, which is governed by these GTC.
(3) Users undertook to provide the data provided for registration truthfully and completely. Changes are to be entered immediately via the user account. Pseudonyms may only be used for the display name.
(4) Access is personal and users may only register once. The use of the online writing school is limited to the registered users. Users may not pass on the password for their access and thus the possibility of taking online courses at Club23 to third parties – including family members or team members.
(5) Users are obliged to keep their access data secret and to prevent misuse by third parties. If there are indications that third parties have gained unauthorized access, Club23 must be informed immediately and the password must be changed by users.
(6) For the use of the online writing school, a terminal device (e.g. desktop, laptop, tablet or smartphone) with access to the Internet and a current Internet browser for error-free display of video content in particular is required. For some courses, additional video conferencing software is required (e.g. Zoom, Skype). You have to provide the technical requirements for the use of the services yourself. Any costs incurred for this are to be borne by you.
(7) The processing of orders and transmission of all information required in connection with the conclusion of the contract is automated by e-mail. You must therefore ensure that the e-mail address you have deposited with us is accurate, the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 3 Termination, End of Contract
(1) Users are entitled to terminate their user account at any time without stating a reason by making a corresponding declaration to Club23. This terminates the previously concluded contractual relationship. Access to offers of Club23, for which a user account is required, is then no longer possible.
(2) In the event of discontinuation of the use of paid offers, the claim to full or partial reimbursement shall lapse insofar as this – in the case of consumers – does not fall under the right of withdrawal.
(3) In the event of good cause (e.g. in the case of abusive or fraudulent use, violation of morals or laws, etc.), Club23 is entitled to block the user account immediately and without notice. In this context, Club23 also reserves the right to remove profiles and/or all content and contributions published by users on the Club23 website. If Club23 removes user accounts of users and/or profiles or published content of users, Club23 is not obliged to inform the users about this or about the reason of the termination or removal.
(4) After termination of all contractual relationships, Club23 is entitled but not obligated to delete the content created by users, unless legal or contractual retention periods are opposed.
(5) Upon termination of the contractual relationship pursuant to paragraph 3, the claim of users to the surrender of the content created shall lapse. In the event of termination of the contractual relationships by users pursuant to paragraph 1, they shall have the opportunity to secure their content from the website prior to their corresponding declaration.
§ 4 Conclusion of Contracts, Storage of the Contract Text
(1) Access to the use of a (chargeable) service of Club23 requires registration. The registration and, if necessary, registration takes place before or during the ordering process.
(2) By ordering a chargeable service, registered users enter into a further contractual relationship with Club23 that is separate from the registration. Users will be informed about the respective chargeable service and the terms of payment prior to the conclusion of this contractual relationship.
(3) The contractual relationship is established in the following steps:
- Selection of the product,
- Adding the products by clicking on the corresponding button “Add to cart”,
- Checking the information in the shopping cart,
- Calling up the order overview by clicking on the corresponding button “Proceed to checkout”,
- if there is no user account yet: register and log in with user account,
- if not registered and a user account already exists: Registration with user account,
- Entry/verification of address and contact data, selection of payment method, confirmation of GTC and cancellation policy,
- Completion of the order by pressing the button “Buy Now with Obligation to Pay”. This constitutes a binding order,
- Payment by PayPal, Klarna, Stripe, Apple Pay, Google Pay, Amazon Pay or Paydirekt.
- The contractual relationship arises when the user confirms the order and payment obligation by clicking the button “Buy Now with Obligation to Pay”.
- Users will receive a confirmation of their order by e-mail.
(4) You agree to receive invoices electronically. Electronic invoices will be made available to you by e-mail.
(5) Before placing an order, the contract data can be printed out or electronically saved using the browser’s print function. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the terms and conditions and the cancellation policy, will be automated by e-mail after you have placed the order. We do not store the text of the contract after conclusion of the contract.
(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. “back button” of the browser). They can also be corrected by canceling the order process prematurely, closing the browser window and repeating the process.
§ 5 Subject of the Contract and Essential Characteristics of the Products
(1) The specific products offered and their essential features can be found on our product pages.
(2) The sale of digital products is subject to the restrictions apparent from the product description or otherwise resulting from the circumstances, in particular with regard to hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the subject matter of the contract is only the private and commercial use of the products without the right to resell or sublicense.
(3) Selected courses are offered in two forms:
As an online course, you buy the course and start immediately. This means that from the day of purchase you have access to the course for the days specified in the product. After that, access ends. As a voucher, you receive a 100 percent discount voucher at the time of purchase, which is valid for the online course form. With the voucher code, you can purchase and start the online course on your desired date at no additional cost.
(4) Part of Club23’s philosophy is to offer creatives the best possible framework for their creative process. Therefore, we have implemented some special features in our system. These include:
Reference films and materials. For selected online courses, we have recommendations for preparation, as they will be referred to as examples during the course. This includes, for example, a list of films and scripts that you should have viewed before starting the course. The list can be found on the relevant product page. One course at a time. If online courses are designed as a full-day program, it is not possible to take more than one course at a time. Our system will inform you accordingly on the product page and in the order process. In this case, the purchase of the product is usually possible in the form of a voucher. Once you have decided on a course, go for it. Thus, access to courses is limited in time. The exact time period is indicated with the product in each case. After this period, access is no longer possible. If, contrary to expectations, you need a break or an extension for special reasons (e.g. illness, accident), please contact us. We will find a solution. Your information about your own works will continue to be accessible in your user account even after you have accessed the course.
(5) We are entitled to make necessary changes in content, methodology and organization or deviations (e.g. due to legal changes) without notice, as long as this does not significantly change the benefit of the course you have booked for you. In the case of webinars, we are entitled to replace the intended speaker in case of need (e.g. illness, accident) with other persons equally qualified with regard to the announced topic.
(6) We endeavor to provide permanent access to the online courses. However, we expressly do not guarantee availability at all times. In particular, access may be temporarily restricted for technical reasons, for example due to necessary maintenance and repair work. This does not give rise to any claims against us. Club23 will inform users about the implementation of planned maintenance and repair work and its scope in good time by posting a notice on the online learning platform.
§ 6 Prices and Payment Processing
(1) The prices listed in the respective offers are total prices and include all price components including all applicable taxes.
(2) The respective purchase price is to be paid before delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly designated button in the online store or in the respective offer. Unless otherwise specified in the individual payment methods, the payment claims are due immediately.
(3) Payments are processed via one of our payment service providers:
§ 7 Right of Revocation
As a consumer you have a right of withdrawal. This is governed by the statutory provisions. Further details can be found in our declaration of revocation including a sample.
§ 8 Data Protection
§ 9 Comments, Community
(2) We do not guarantee the accuracy, completeness, reliability, timeliness and usefulness of the content provided.
(3) You agree not to publish any contributions that violate morality or applicable law. In particular, you undertake not to publish any contributions,
- the publication of which constitutes a criminal offense or a misdemeanor,
- that are insulting, racist, defamatory, discriminatory, sexist, homophobic, indecent, obscene or pornographic, aggressive, hurtful, threatening, harassing, abusive, hateful, fraudulent or misleading,
- that constitute harassment,
- that involves personal or private information about other persons,
- that violate private rights or property rights of others, including unauthorized posting of protected content, protected trademarks, and intellectual content,
- that contain SPAM, solicitations, calls to sign petitions, chain letters or advertisements,
- that request other users to disclose personal information or aim to collect such data about other users,
- that contain viruses or other destructive or harassing elements; or
- that is deemed contrary to the objectives of Club23 or the objectives of the users of the Online Writing School, or is deemed unacceptable for any other reason.
If you become aware of any such violation, please report it to us immediately. Please use an e-mail to email@example.com or the contact form. Club23 reserves the right to immediately block the respective user in case of such a serious violation.
(4) In the case of a violation of the obligation from paragraph 3, we are entitled to modify or delete the corresponding contributions of the users, taking into account their rights and in compliance with the statement made, and to block the access of the users. Users are obliged to compensate Club23 for the damage caused by the breach of duty.
(5) If contributions and contents could contain a violation of law, Club23 has the right to delete them.
(6) Users shall indemnify Club23 against all possible claims by third parties for infringement of their rights by content posted by users on the website and any other conceivable other use or conduct on the website. The users undertake to support Club23 in defending such claims. Users are also obligated to bear the costs of Club23’s legal defense, including all attorney’s fees and court costs in the statutory amount.
(7) Paragraph 6 shall not apply if the user is not responsible for the infringement. Users and Club23 are mutually obligated, in the event of a claim against Club23 by third parties, to immediately, truthfully and completely provide all information necessary for the examination of the claims and a defense.
§ 10 Copyright, Right of Use
(1) Of course, you have and retain all copyrights and rights of use to all works (e.g. treatments, scripts, concepts, etc.) that you create within the scope of Club23 offers and, if applicable, store with us in whole or in part.
(3) The teaching content offered in our online writing school is all protected by copyright. All rights of use to the content are held by Club23.
(4) Within the scope of the contract, users receive the simple right to participate in the offers such as online courses, programs and services, which is limited to the duration of the contract between Club23 and the users and is not transferable to third parties.
(5) Commercial reuse, reproduction of the content, making publicly available or other use of the materials, texts, images, videos, audios, software, etc. provided by Club23 in the process is not permitted or requires the prior written consent of Club23.
(6) For all online courses, the recording of audio or video or by screenshots is not permitted without the approval of Club23.
(7) The copyright for the posted comments and community contributions remains with the respective users. However, by posting their contributions, they grant Club23 the right to keep them permanently available on the website and to make them publicly accessible. Club23 has the right to move contributions within the website and to combine them with other content. Users have no claim against Club23 for the deletion or correction of contributions they have made.
§ 11 Liability
(1) Subject to the following exceptions, our liability for contractual breaches of duty and for tortious acts shall be limited to intent or gross negligence.
(2) We shall be liable without limitation for slight negligence in the event of injury to life, limb or health or in the event of breach of a material contractual obligation. If we are in default of performance due to slight negligence, if performance has become impossible or if we have breached an essential contractual obligation, liability for material damage and financial loss resulting therefrom shall be limited to the damage typically foreseeable under the contract. An essential contractual obligation is an obligation the fulfillment of which makes the proper execution of the contract possible in the first place, the violation of which endangers the achievement of the purpose of the contract and on the observance of which you may regularly rely. This includes in particular our duty to act and to perform the contractually owed service, which is described in § 5.
§ 12 Warranty
The warranty is governed by the statutory provisions.
§ 13 Contractual Language
German shall be the sole contractual language.
§ 14 Final Provisions
(1) German law shall apply. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the country of the consumer’s habitual residence is not withdrawn (favorability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
(3) 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 shall be Munich.