General Terms and Conditions of Business of Novel Media Ltd. for the
CHAMPIONFIGHTS subscription

Area of validity/ changes of GTC/ Price adjustment

These conditions apply to the use of the fee-based service of the “CHAMPIONFIGHTS subscription” which you (hereinafter: user) can sign up for on the following website:
www.championfights.de / www.championfights.com

It is a service of Novel Media Ltd., Kastanienallee 10, 10435 Berlin, represented by the director Levon Melikian (hereinafter “Novel Media Ltd.”), Tel.: 030-4403321-0, fax: 030-4403321-2, e-mail: info@novelmedia.de.

The General Terms and Conditions of Business also apply to the future individual contracts between users and Novel Media Ltd. regarding the use of the service of “CHAMPIONFIGHTS subscription”.

Novel Media Ltd. reserves the right to modify these conditions, especially to adjust the user fee in case of enhancement and improvement or modifications of costs. The Novel Media Ltd. will notify the user of such changes to the GTC via e-mail and remind him that these changes will be regarded as accepted if he does not contradict the modifications within four weeks.

To subscribe the service, the user is required to register. The user agrees to provide true, accurate, complete, and correct information at the time of registration, and to promptly update this information as needed so that it remains true, accurate, complete, and correct. The user can update his data under “my account” while being logged in. Please note that on the website of Novel Media Ltd. or a third party there is not yet a legally binding offer for a contract for the use of “CHAMPIONFIGHTS subscription”. A legally binding offer to conclude a license agreement of “CHAMPIONFIGHTS subscription” emanates from the user only by sending this offer as a filled out registration form to Novel Media Ltd.

Novel Media Ltd. can accept a user’s offer within two weeks. The contract is then concluded if an e-mail confirming the registration is send to the user within this period to the address given on the registration form.

By confirming the order via e-mail a contract is being concluded between the user and Novel Media Ltd. In the confirmation e-mail the user is informed of his right of revocation of two weeks.

Right of revocation

The user can, if he is consumer according to § 13 GCC declare the revocation of his contract within two weeks without giving reasons in writing (e.g. letter, fax, e-mail). The revocation period commences after the receipt of the confirmation e-mail from Novel Media Ltd. including the revocation instruction in text form. For meeting the revocation time limit it suffices to send the revocation in time.

The revocation shall be send to:

Novel Media Ltd.
Kastanienallee 10
10435 Berlin
Tel.: 030-4403321-0
Fax: 030-4403321-2
E-Mail: info@novelmedia.de

Consequences of revocation

In case of a valid revocation the mutually received services and emoluments taken (e.g. interest) when applicable are to be restituted by either side. If you are unable or partially unable to restitute the merchandise or if you can only restitute it in a deteriorated condition then you have to insofar compensate for its value when applicable. Besides that you can avoid the duty for compensation for lost value caused by deterioration by intended use of the merchandise by not using the merchandise as your property and avoid everything that affects the value.

Special notes

Your right of revocation becomes void prematurely if the contract is fulfilled by both parties at your explicit request before you have exercised your right of cancellation.

- end of revocation instruction-

Novel Media Ltd. reserves the right to enhance, modify and/or improve the offered services at any time, provided that the modifications, taking into account the interests of Novel Media Ltd., are reasonable for the user.

A registration is valid only once. If you have forgotten your password, use “Forgot Password?” and set a new one.

The user is responsible for maintaining the confidentiality of his password and commits himself not to give it out even on demand. Please note that employees of Novel Media Ltd. or its technical services may not ask for the password.

The user is responsible for maintaining the confidentiality of his password. If he believes someone has accessed championfights.com using his registration account and password without authorization, he shall e-mail us immediately at info@novelmedia.de

User fee

The user fee results from the current price list, which can be viewed at www.championfights.de / www.championfights.com

The for the duration of the subscription arising amount is due for payment after registration and will be – depending on the payment condition chosen by the user – withdrawn from the user’s bank account or credit card.

The user can view his bill when logged in under „my account“.

User‘s responsibilities or Rules of Conduct/ system requirements

Insofar as it is necessary for the use of “CHAMPIONFIGHTS subscription” the user receives a non-exclusive and non-transferable right to use the subscribed CHAMPIONFIGHTS contents. The user may not edit the contents or publish them elsewhere.

The services are to be used solely for private purposes. The use for commercial purposes is inadmissable. In particular, the user may not use the services to advertise for other websites, services or commercial offers.

A problem-free use is only possible if the following system requirements are provided:

  1. Computer processor: 2 GHz
  2. Browser: Internet Explorer or Mozilla Firefox (latest version) with Flash Player from version 10.
  3. Internet connection: DSL 2000

User authorization

The user may only use the services for private purposes. The usage data may not be distributed. The user is liable to Novel Media Ltd. for all damages resulting from the unauthorized distribution of the usage data.

Liability

Claims for culpable induction of damages of life, body or health, under the Product Liability Act, for grounds of fraud, due to a guarantee taken by Novel Media Ltd. for the procurement of goods, for the procurement risk or for the indepted impossibility remain unaffected.

The limitation of liability extends to the personal liability of legal representatives and agents of Novel Media Ltd.

Term and Termination

1. The contract of subscription has the agreed period of time and will automatically be renewed again for another 12 months, if neither the subscriber nor Novel Media Ltd. terminates the contract in writing 2 months before the expiry of the contract period.

Insofar as the renewal is at increased prices, Novel Media Ltd. will inform the subscriber about the price increase in time, at least 1 month before the beginning of the new contract period.

DThe subscriber is entitled to terminate the contract on the effective date of the increase. Novel Media Ltd. will inform the subscriber about his right of termination and the time limit. The notice must reach Novel Media Ltd. no later than the effective date of the price increase.

If the subscriber does not make use of his right of termination, the modifications are regarded as accepted. The contract period begins with the provision of usage data. The activation will follow automatically, but no later than 7 days after the contract is concluded and the subscription completed and no later than 2 weeks if the contract is concluded via all other distribution channels (telephone, door, etc.). An automatic activation does not occur before Novel Media Ltd. provided the user with the usage data which is necessary for the reception of the programs.

2. An extraordinary termination by the subscriber due to a complete loss of programs is excluded in any case if the disconnection does not last more than 12 days or more than 30 days due to vis major. The contract period is not extended by the period of interruption.

3.If Novel Media Ltd. is no longer able to provide the subscriber with specific channels or programm packages due to legal or technical reasons, Novel Media Ltd. reserves the right to terminate the subscription contract for the affected channels and program packages with a cancelation period of 14 days.

4. Novel Media Ltd. is not responsible for errors or interruption of the benefits due to vis major, i.e. circumstances that are beyond the sphere of influence of Novel Media Ltd.

Privacy Policy

Novel Media Ltd. undertakes to comply with all data protection regulations. Novel Media Ltd. uses the data only within the scope of statutory provisions, for example for the performance of the contract or to inform you about goods and services which are similar to the ones you purchased. You may contradict to the use or the transmission of your data for commercial purposes or for purposes of market and opinion research at any time. We will explain this right of revocation to you again.

Final Provisions

For these General Terms and Conditions of Business and all legal relations between the user and Novel Media Ltd. applies the law of the federal Republic of Germany to the exclusion of UN sales law.

If the contracting party is a merchant within the meaning of the Commercial Code, legal entity under public law or public law special fund, if he does not have a general domestic jurisdiction or if his residence or habitual residence at the time of filing legal action is unknown, the exclusive jurisdiction for all disputes arising from and in connection with the contract as well as the place of payment, delivery and performance is at residence of Novel Media Ltd. in Berlin.

Changes and/or amendments to this agreement shall be invalid unless in writing, provided it is not agreed otherwise in the General Terms and Conditions of Business. This applies also to a possible waiver of the written from requirement.

Differing terms and conditions of the customer will not be accepted.

Severability clause

Should any of the provisions of the GTCs be ineffective or void in part or in whole, then the validity of the remaining provisions shall not be affected.