Welcome!

The service is provided via the internet website r8app.com (hereinafter "Website"), via a mobile application (hereinafter "App") as well as via integration of website or app content into third-party websites or applications (for example via iFrame) (collectively hereinafter "R8 Services").

The R8 Services are a product of R8 Tech UG (haftungsbeschränkt), Adlzreiterstrasse 18a, 80337 Munich (hereinafter "R8", "we" or "us"). These General Terms and Conditions (hereinafter "Terms") therefore constitute an agreement between you and us, R8 UG (haftungsbeschränkt).

1. SUBJECT MATTER AND BASIS FOR USE OF R8 SERVICES

The R8 Services enable you to share movie and TV series recommendations with friends and other people in a simple way. The goal of the R8 Services is to support you in finding movies and series that you like.

R8 represents a social network. It offers you the opportunity to create a user profile and make recommendations. Your recommendations can be viewed by all users you are connected with ("Friends").

Your use of the R8 Services is free of charge.

As part of using the R8 Services, we show you movies or series that are recommended by your friends or other users. Technologies are employed that enable an experience of the R8 Services tailored to your needs. The organization and analysis of information for the community is an essential aspect of the R8 Services.

2. USAGE REQUIREMENTS

Prerequisites for you to use the R8 Services and be part of the community are:

• That you are of legal age (the listed individual age ratings for movies and series are expressly noted);
• that you register in accordance with Section 2.2;
• that your account has not previously been deactivated or deleted due to a violation of our policies.

The registration process for the App includes various technical steps that are indicated by a progress indicator and lead to contract conclusion, in detail:

1. Entry of the following information for account creation: email address, username and password; agreement to these Terms and the Privacy Policy
2. Granting or denying permission for current location
3. Agreement or denial of receiving "push" notifications
4. Option to select profiles to follow
5. Option to select preferred streaming services

As part of using the R8 Services, you commit to complying with the following standards and rules:

• Each natural person may only create one user profile. Creating accounts in an automated manner is prohibited.
• You may use an artist name or pseudonyms as your name. Disclosure of your identity is therefore not mandatory, however, the information you provide during registration must be correct and may not be misleading.
• You may not impersonate someone you are not. Creating a user profile for another person is also prohibited. An exception exists if that person has given you express consent.
• You are required to keep your chosen password secret. R8 will only use your password for the login process and will not pass it on to third parties. R8 will never ask you for your password - except during the login process. For security reasons and to prevent misuse, we recommend that you change your password regularly. The safeguarding and storage of access data (especially the password) falls exclusively within your area of responsibility.
• You may not allow third parties to use your own user profile; likewise prohibited is the use of login credentials of other users.
• You may not violate applicable laws through the way you use the R8 Services. The same applies to our Terms and Privacy Policies. In particular, the following are prohibited:
  • Use of offensive or defamatory content;
  • Use of pornographic, glorifying violence, abusive, immoral or youth protection law violating content;
  • unreasonable harassment of other users of the R8 Services, especially through spam (cf. § 7 UWG);
  • Use of legally protected content (e.g. through copyright, trademark, patent, design or utility model rights), without being authorized to do so;
  • suggestive or sexually explicit comments.
• You may not do anything that disrupts the operation of the R8 Services or otherwise impairs them. Any action that is suitable for impairing the functionality of the R8 infrastructure, in particular excessively burdening it, is prohibited.
• You may not attempt to buy or sell a user profile.
• You may only use the trademarks "R8" and "R8-App" or other intellectual property of ours if this has been expressly permitted by us.

For the provision of the R8 Services, you grant us the following rights:

• You grant us a non-exclusive, transferable, sublicensable and worldwide license to host, use, distribute, copy, translate and make publicly available your content that is protected by intellectual property rights (such as photos, information in the profile, possibly also movie or series recommendations). This includes in particular the website, the app and websites and applications of third parties. You can terminate this license at any time by deleting your content or your account. However, your content will still appear, for example, if it was previously shared with other users and not deleted. You remain the owner of the content protected by intellectual property.
• If you use a username that, for example, violates the intellectual property of another user, we can change it without your consent and inform you accordingly.
• You agree that we may download and install updates to the R8 Services on your device.
• R8 is entitled to display and promote the movie and series recommendations you share on R8, including your movie collection, in whole or in part in the form of licensed video trailers (e.g. on YouTube or other social media channels).

We are entitled to delete content in accordance with the following regulations or to deactivate or delete your account. Where possible, we will inform you about this.

• If you share content on R8 that violates these Terms of Use, our Privacy Policy or legal regulations, we may remove it. Content deleted by you may remain in backup copies for a limited period of time and will remain visible if others have shared it.
• R8 is also entitled to delete inactive accounts if they were obviously created solely for the purpose of reserving a username.

R8 is not obligated to offer the services at all times. In particular, R8 is not obligated to make the R8 Services accessible to you at all times. However, R8 strives to make the use of the R8 Services as disruption-free and error-free as possible.

R8 is entitled to temporarily restrict the use of the R8 Services at its reasonable discretion if this is necessary with regard to security, integrity and capacity limits of the R8 Services or to carry out technical measures, such as maintenance work. R8 takes your legitimate interests into account and will inform you in advance in the event of major restrictions.

If R8 learns of unauthorized use of your user account, especially by third parties not authorized to use it, R8 will temporarily lock your account. In the case of unauthorized use, R8 is entitled to change your login data; R8 will inform you of this.

3. RESPONSIBILITY FOR CONTENT, DATA AND/OR INFORMATION FROM DATA SUPPLIERS AND USERS

R8 merely provides a technical platform and does not participate in the communication between users.

R8 assumes no responsibility for content, data and/or information (e.g. titles of movies, series, podcasts and books) provided by external data suppliers (e.g. The Movie Data Base and JustWatch) or by you, insofar as R8 does not adopt them as its own. In particular, R8 does not guarantee that this content is correct and/or complete, fulfills a specific purpose or can serve such a purpose. Pornographic, glorifying violence, abusive, immoral or youth protection law violating content will be deleted immediately as soon as R8 becomes aware of it.

R8 enables you to recommend movies, series, podcasts and books and leave reviews in the app. Recommendations and reviews should enable other users to get an idea of a movie, series, podcast or book. R8 does not check recommendations and reviews submitted by you and other users before publication.

Reviews may only contain truthful information. These must be made in a lawful manner and may not violate the rights of third parties, in particular personality, trademark or copyright rights as well as data protection regulations.

Any use of the recommendation system contrary to the above provisions is prohibited. In particular, you are prohibited from including circumstances that are not related to the fulfillment of the underlying contract in the recommendation or to use the recommendation for any purpose other than recommending your favorite movies and series.

If you abuse the recommendation system, R8 is entitled to remove your recommendations and reviews. This applies in particular if

• R8 is legally obligated to remove a recommendation or review, e.g. due to a court judgment;
• a recommendation or review contains vulgar, obscene, racist, not age-appropriate or criminally offensive statements;
• a recommendation or review contains inappropriate links or scripts, e.g. with harmful content;
• a comment contains inappropriate advertising for third parties;
• a comment contains irrelevant information that is not related to your rated favorite place.

We cannot technically determine with certainty whether you are actually the person you claim to be. R8 therefore provides no guarantee for the actual identity of its users.

You acknowledge that 100% availability of the R8 Services is technically not feasible. However, we strive to keep the R8 Services as consistently available as possible. In particular, maintenance, security or capacity concerns as well as events that are beyond R8's control (such as disruptions to public communication networks, power outages, etc.) can lead to disruptions or temporary discontinuation of the R8 Services.

4. REGISTRATION OR LOGIN USING FACEBOOK, APPLE OR GOOGLE

You can simplify your registration or login for the R8 Services by using your login credentials from Facebook, Apple or Google:

Facebook: In this case, R8 obtains from Facebook Inc. (1601 S. California Ave, Palo Alto, CA 94304, USA) or Facebook Ireland Limited (Hanover Reach, 5-7 Hanover Quay, Dublin 2, Ireland) the basic user data stored in your Facebook user account as well as your Facebook username, your email address, the Facebook ID and the avatar URL. R8 uses this data, as necessary, for the establishment, implementation and processing of the usage contract between you and R8.

Apple: In this case, R8 obtains from Apple Inc. One Apple Park Way, Cupertino, California, USA, 95014 the basic user data stored in your Apple user account. R8 uses this data, as necessary, for the establishment, implementation and processing of the usage contract between you and R8.

Google: In this case, R8 obtains from Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA the basic user data stored in your Google user account as well as your Google username, your email address, the Google ID and the avatar URL. R8 uses this data, as necessary, for the establishment, implementation and processing of the usage contract between you and R8.

5. NEWSLETTER

You can subscribe to an email newsletter at R8. For more information, please see our Privacy Policy.

6. R8'S LIABILITY

R8 is only liable in accordance with statutory provisions for intent and gross negligence.

7. CONTRACT DURATION; TERMINATION

The contract based on these Terms runs for an indefinite period. The contract term begins with the conclusion of the contract.

You can terminate this contract at any time.

R8 can terminate this contract with a notice period of 5 business days.

The right to terminate for good cause remains unaffected. Good cause entitling R8 to terminate exists in particular in the case of:

• Ongoing operational disruptions due to force majeure that are beyond R8's sphere of influence, such as natural disasters, fire or unintended network failure.
• Material violations by you of the obligations under Section 2.

Text form (for example by email, fax or letter) is sufficient to declare a legally valid termination.

8. CHANGES TO THE TERMS

We are entitled to change and adapt these Terms during the term of the contract with effect for the future if this becomes necessary for a compelling reason, such as mandatory operational reasons, changes in laws or case law, or if exclusively new services (such as the expansion of the offering through the provision of additional services) are introduced. We will transmit the amended terms to you in text form before the planned effective date and point out the new regulations as well as the date of entry into force. At the same time, we will grant you a reasonable period of at least four (4) weeks to declare whether you accept the amended terms for the continued use of the services. If no declaration is made within this period, which begins to run upon receipt of the notification in text form, the amended terms shall be deemed agreed. We will separately inform you at the beginning of the period of this legal consequence, i.e. the right of objection, the objection period and the meaning of silence. This amendment mechanism does not apply to changes in the contractual main performance obligations of the parties (with the exception of pure expansions of the provider's contractual services).

9. MISCELLANEOUS

The contract language is German. Translations into other languages serve exclusively for comprehensibility and are not legally binding.

The contractual relationships between the parties are governed by the law of the Federal Republic of Germany excluding the uniform UN Convention on Contracts for the International Sale of Goods (CISG). If the user is a consumer and does not have a place of residence in the Federal Republic of Germany, the contractual relationship is exclusively subject to the law of the Federal Republic of Germany excluding the CISG, unless mandatory provisions of the law of the state in which the consumer has his habitual residence provide otherwise.

The place of performance is the registered office of R8 UG (haftungsbeschränkt). The same applies to the place of jurisdiction for merchants within the meaning of the German Commercial Code (HGB).

Should any provision of these Terms for consumers be or become invalid or unenforceable or should these Terms for consumers contain a gap, the legal validity of the Terms for consumers in all other respects shall not be affected thereby.

The European Commission provides a platform for online dispute resolution, which the customer can access at http://www.ec.europa.eu/consumers/odr. R8 is not obligated and not willing to participate in a dispute resolution procedure before a consumer arbitration board.

If the user does not have a general place of jurisdiction in Germany or in another EU member state, or if he is a merchant or a legal entity under public law or has relocated his permanent residence abroad after these Terms for consumers become effective or if the place of residence or habitual residence is not known at the time the action is filed, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of R8.