text:
Preliminary remark
The following general terms and conditions (also referred to as "GTCs" for short) regulate the contractual relationship between "Kartina Digital GmbH" (Rheingaustraße 53, 65201 Wiesbaden, Germany), hereinafter referred to as ("Kartina Digital"), and the user of the services of "Kartina.TV" further referred to as ("subscriber"), in the area of the distribution of access data for Internet TV from "Kartina.TV" as well as set-top boxes ("receivers") and hardware.
Any changes or additions to these terms and conditions will be sent to the subscriber immediately by electronic means for information. The changed clauses are particularly emphasized. The subscriber has the opportunity to object to the amended terms and conditions in text form (e.g. letter, fax, email) within two weeks of receipt of the amended terms and conditions. The timely dispatch of the objection is sufficient to safeguard the right of objection. If the validity of the changed contractual conditions is contradicted within the aforementioned period, "Kartina Digital" will terminate the contract. The termination does not affect the services used and their obligation to pay before they are received.
§1. Subject of the contract
1.1. The terms and conditions regulate the supply of the subscriber with a receiver and / or subscribtions, which is made available and operated by "Kartina Digital". This contract does not create a contractual obligation for "Kartina Digital" to feed in certain programs or to use certain transmission technologies.
1.2. The offers from "Kartina Digital" on its website represent a binding invitation to the subscriber to order subscriptions and / or receivers from "Kartina Digital" or to submit an offer to conclude a contract. By ordering the desired subscription and / or the receiver, by filling out and submitting the online form on the Internet, the subscriber makes a binding offer to enter into a subscription agreement. By sending the order to "Kartina Digital", the subscriber guarantees his unlimited legal capacity.
The offer is accepted by submitting the access data and activating the subscription immediately.
1.3. All deliveries and services that "Kartina Digital" provides for subscribers are based exclusively on the following general terms and conditions in the version valid at the time of the order.
1.4. To become a member of the "Kartina Digital" service, the subscriber must be at least 18 years old. Minors may use the "Kartina Digital" Service only under the supervision of an adult. The subscriber confirms to be fully legally competent in the sense of the laws of his home country and / or country of residence. Each subscriber may only register once by providing complete and truthful information about his personal data. Multiple registrations are not permitted. A culpable violation leads to immediate exclusion from the subscription. The submission of forged documents and / or the provision of false personal data or invalid or illegally obtained billing data as well as multiple registrations are not permitted and will be blocked by "Kartina Digital" immediately and, if necessary, brought to criminal prosecution.
1.5. The subscription contract entitles the subscriber exclusively to private use of the "Kartina Digital" program offers, goods and additional services. In particular, the subscriber is not entitled to publicly present any content of the "Kartina Digital" program offers, goods or additional services or to make them accessible to third parties. In the event of a public presentation and / or making available to the public and / or commercial exploitation of the offers, the subscriber not only violates contractual obligations towards Kartina Digital GmbH, but also violates the rights of third parties to the content and therefore has to assert claims through " Kartina Digital "as well as third parties. In the event that the "Kartina Digital" subscriber does not comply with the above "Kartina Digital" is entitled to impose a contractual penalty on the subscriber and to enforce this in court if it uses provisions for the public presentation of offers. "Kartina Digital" reserves the right to claim damages beyond the contractual penalty. Furthermore, "Kartina Digital" reserves the right to take civil and criminal action. These provisions do not apply to traders who have signed a subscription contract with "Kartina Digital" in order to use the program offer exclusively for commercial purposes (hotels, gastronomy, restaurants, etc.).
1.6. The services offered by "Kartina Digital" may only be used within the framework of the statutory provisions.
1.7. The subscriber must refrain from using the "Kartina Digital" service within the Russian Federation. If, contrary to the pronounced ban on "Kartina Digital", the subscriber receives his service illegally, he is personally liable for all legal consequences resulting therefrom.
1.8. "Kartina Digital" offers the subscriber the technical option of activating or deactivating the recording of the 14 days lasting TV archive in the menu of the receiver. If the subscriber has activated the archive function, use of it is at his own risk and responsibility. "Kartina Digital" is exempt from any kind of liability.
1.9. The subscriber is obliged to use the "Kartina Digital" service on a permanent basis only in the region (country) in which he had concluded the subscription contract. If the subscriber does not only use the service temporarily outside the purchase region, he must expect a list of channels or the number of channels that deviates from the original contract. The subscriber has no claim against "Kartina Digital" for the initially contractually owed composition or number of channels offered.
§2. Contract changes
2.1 "Kartina Digital" can supplement or change the services or broadcaster offers in order to improve them or adapt them to technical developments, provided this is reasonable taking into account the interests of the subscribers and "Kartina Digital". Ongoing maintenance and further development can temporarily limit or interrupt the usage options. "Kartina Digital" ensures that subscribers can use the system for 97% of the year. During 3% of the year there may be restrictions or interruptions in the possibilities of use due to ongoing maintenance and further development work. The subscribers cannot derive any claims against "Kartina Digital" from this. There is also no exclusion of liability if the downtimes make up a not insignificant part of the total contract period with the subscriber.
2.2 "Kartina Digital" is entitled to change the composition of the program package offered without prior notice to the subscribers and without giving reasons at its own discretion.
2.3 In the event of a change in the signal costs of a signal supplier or the introduction or change of fees or charges, "Kartina Digital" is entitled to adjust the amount of the fee at the beginning of the next calendar month following the notification of increase.
2.4. "Kartina Digital" reserves the right to change the prices for its services, subscriptions and goods within reasonable limits at any time. The subscriber will be informed duly in time by email about the upcoming price changes. The message will be sent to the email address provided by the subscriber when registering. If the subscriber has not left his own or someone else's email address, he cannot subsequently claim that he has not been informed of the price change.
In the event of price changes to the disadvantage of the subscriber, the subscriber is entitled to object. The changes are considered approved if the subscriber does not object to them in writing within 30 days of notification. "Kartina Digital" will point out this legal consequence separately in the notification letter. The receipt of the objection letter by "Kartina Digital" is decisive for the period. If the subscriber does not effectively exercise his right of objection, the contract with the new price provisions will continue unchanged.
§3. Rates, Payment Regulations
3.1. The subscription and the hardware of "Kartina Digital" are chargeable. Payment can be made either in advance by bank transfer within 14 days of receipt of the invoice or by SEPA basic mandate by entering the creditor identification number DE11ZZZ00000201628. "Kartina Digital" is entitled to use the SEPA procedure both in Germany and in all SEPA member states. Every subscriber living in SEPA member states has the option of making payments to "Kartina Digital" using the SEPA basic mandate and by specifying the above identification number.
As soon as the subscriber has chosen to pay in advance and the amount has not been credited to the "Kartina Digital" account within 14 days, "Kartina Digital" can withdraw from the contract. "Kartina Digital" reserves the right to exclude individual payment methods. "Kartina Digital" is entitled to collect the corresponding fees for its services as well as for the delayed payments from subscribers.
Regardless of when the Subscriber cancels the subscription, access to the "Kartina Digital" service is provided for the entire trial period. However, "Kartina Digital" recommends canceling the subscription no later than 24 hours before the end of the trial period (or the next payment).
"Kartina Digital" is entitled to change (shorten or extend) the free promotion period at its own discretion. The promotion period does not extend the cancellation period according to § 4.2. of the following GTC.
3.2. The fee charged for the use of the "Kartina Digital" service will be charged monthly or annually (as specified in the context of the subscriber registration for the "Kartina Digital" service) via the payment method selected by the subscriber either on the calendar day corresponding to the start of the paid subscription , or billed according to the payment provider's terms and conditions. The activation of the access to the service of the "Kartina Digital" takes place immediately after receipt of the access data.
If the subscriber has opted for the SEPA basic mandate payment method, he is obliged to issue a corresponding direct debit authorization. The direct debit authorization of the subscriber is implied by accepting the terms and conditions. The amounts are debited from the subscriber's account one banking day after the order has been completed by the partner of "Kartina Digital" of Novalnet AG, Gutenbergstrasse 2, 85737 Ismaning, under the creditor ID: DE53ZZZ00000004253.
For all other services offered by "Kartina Digital", payment is made by means of a SEPA basic mandate, via a credit card number or in advance. The fees are collected in the name and for the account of the subscriber. The subscriber is obliged to notify "Kartina Digital" duly in time of any change to his bank details, changes to the credit card number or the period of validity. "Kartina Digital" is exempt from the restrictions of §181 BGB and is entitled to grant sub-powers, also with exemption from the restrictions of §181 BGB. In the case of credit card details, "Kartina Digital" checks the validity of the subscriber's credit card with the credit card company before the service is used for the first time and at irregular intervals thereafter. The subscriber is obliged to ensure sufficient funds in the account. If incorrect data is given or there are insufficient funds in the bank or credit card account, "Kartina Digital" immediately excludes the subscriber from any further use and charges him the costs of any return debits and any legal costs incurred as well as a processing fee. Orders on account are always due for payment immediately.
3.3 In the event of justified complaints, "Kartina Digital" has the option to reimburse subscribers for the fees paid within a certain framework. "Kartina Digital" determines whether and to what extent a justified complaint is present based on factual aspects and at its own discretion. Complaints must be made in writing or by email to "Kartina Digital".
3.4. If the subscriber defaults on his payment, he will first receive a payment reminder by email from "Kartina Digital". At the same time, "Kartina Digital" reserves the right to block the subscriber's access to the service until the outstanding claim has been paid. "Kartina Digital" is entitled to bill the subscriber for the costs of the bank fee and processing fee as soon as a payment reminder is sent.
3.5. If the subscriber defaults on his payment for the hardware, he will first receive a payment reminder by email from "Kartina Digital". "Kartina Digital" is entitled to bill the subscriber for the costs of the bank fee and processing fee as soon as a payment reminder is sent. If the subscriber does not comply with the payment reminder within the set deadline, he will receive the first reminder with additional reminder fees by post. If no money is received after the first reminder, the procedure will be passed on to the next dunning level. From this point on, the debt collection company commissioned by Kartina Digital deals with the case. The subscriber's obligation to pay the fees remains unaffected.
3.6. Reconnection will only take place after the outstanding payment has been received in full. In addition, "Kartina Digital" reserves the right to claim further expenses within the framework of the statutory provisions after the occurrence of default.
3.7 The stated fees are final prices including VAT and consist of connection fees and information fees. "Kartina Digital" sets the connection fees and changes them if necessary.
3.8. For orders with a value of less than 30 euros, a shipping cost of 4.20 euros per order will be charged for shipping within Germany. The shipping cost share of 4.20 euros is waived if the order value exceeds the 60 euros limit.
3.9. For packaging and shipping (shipping costs) of the delivery outside of Germany, the costs are calculated separately. Deliveries to entrepreneurs or public institutions can be made against invoice or direct debit, provided the account concerned is held with a credit institution based in Germany. In any case, a written order on the subscriber's company form is required for this. The order must always be sent to "Kartina Digital" by fax or e-mail.
3.10. All prices mentioned, including for packaging and shipping, are only valid within Germany and only at the time of the order. When the "Kartina.TV" website is updated, all previous prices and other information about goods become invalid. The version valid at the time of the order is decisive.
§4. Right of withdrawal
4.1. The subscriber can revoke the goods within 14 days in text form (e.g. letter, fax, e-mail) with a written justification in the attached revocation form. The period begins after receipt of the goods by the recipient. The timely dispatch of the item is sufficient to meet the cancellation deadline.
The return costs are to be borne by the sender (subscriber). The returned goods must be accompanied by a fully and correctly filled out return form and cancellation form. No other type of return will be accepted.
The revocation, revocation form, return form and return of the goods must be sent to:
By post: Kartina Digital GmbH, Rheingaustraße 53, 65201 Wiesbaden, Germany
Email: reklamation@kartina.tv
Fax: +49 (0) 611 88 096 20
4.2. The subscriber can revoke the one-year subscription within 14 days after receiving the access data in text form (e.g. letter, fax, email or in his account) with a reason. The period begins after receipt of the access data for the subscription by the recipient.
The revocation must be sent to:
4.3 In the case of a one-month contract for the delivery of digital content that is not on a physical data carrier, the right of withdrawal expires if Kartina Digital has started to execute the contract after the subscriber (i) has expressly agreed that Kartina Digital should proceed with the execution of the contract the expiry of the withdrawal period begins, and (ii) the subscriber has confirmed in knowledge that he loses his right of withdrawal by consenting to the execution of the contract. The subscriber's consent is given by accepting these terms and conditions.
If one-month contract is cancelled, there is no refund and the subscriber will continue to have access to the service for the remaining duration of the subscription period.
4.4. The subscriber is expressly advised that he may not perform any actions on the product that may only be performed by the manufacturer or authorized persons. This includes in particular breaking or removing seals or the serial number or bypassing comparable safeguards that are attached to the goods, products or devices.
4.5. It is also expressly pointed out that in the event of an effective revocation, the services received by both parties must be returned and any benefits (e.g. benefit from using the goods) surrendered. In the event of deterioration or loss of the goods, compensation can be requested. This does not apply if the deterioration or loss of the goods is solely due to their inspection. In addition, the subscriber can avoid the obligation to pay compensation by not using the goods like an owner and by refraining from anything that may impair their value.
4.6 Return and refund of the giftscards is excluded.
§5. Consequences of cancellation
5.1. In the event of an effective revocation, the mutually received services must be returned and any benefits (e.g. benefits of use) surrendered.
5.2. If the "Kartina Digital" subscriber cannot return the goods received in whole or in part or can only return them in a deteriorated condition, the "Kartina Digital" subscriber may have to compensate for the value. The subscriber is obliged to return the goods without signs of use and, if possible, in the original packaging. The use of the original packaging ensures the best possible protection of the goods during transport. If the return is delayed (i.e. more than 10 days after the expiry of the cancellation / return period), "Kartina Digital" is no longer obliged to take back the goods. If the goods are taken back anyway, "Kartina Digital" is entitled to compensation of 30% of the sales price, subject to further deductions for damage or wear and tear. This compensation will be deducted from the purchase price. The subscriber is free to prove that less damage has occurred. Revocation is also excluded if electrical devices have been unscrewed, unless this is necessary for normal use of the devices, or if the device guarantee seal has been broken.
5.3. The purchase price will be refunded within 14 days of receipt of the cancellation.
5.4. If the subscriber makes use of his right of withdrawal, Kartina Digital GmbH has a right of retention with regard to the purchase price. As long as the subscriber cannot prove that the goods have been returned or until these have been received by "Kartina Digital", "Kartina Digital" can refuse to refund the purchase price.
5.5. The subscriber has to bear the costs of the return.
§6. Delivery terms
6.1. The goods are delivered by sending them from the warehouse to the delivery address provided by the subscriber.
6.2. If the subscriber chooses to pay in advance, the goods will be reserved for the subscriber upon acceptance of the contract, but will only be sent after the amount of money has been received on the "Kartina Digital" bank account. The subscriber is therefore asked to take this into account when ordering and to assure the agreed advance payment duly in time.
6.3. As soon as the subscriber has chosen to pay in advance and the amount has not been credited to the "Kartina Digital" bank account within 14 days, "Kartina Digital" can withdraw from the contract. As far as "Kartina Digital" adheres to the contract, the delivery times stated at the time of the order no longer apply.
6.4. Average delivery time for the goods is 14 days.
§7. Transport damage
If products and goods are delivered with obvious transport damage, the subscriber is asked to complain immediately to the supplier and to contact "Kartina Digital" by email (reklamation@kartina.tv). The subscriber helps to enforce the claims of "Kartina Digital" against carriers and transport companies. Failure to submit a complaint or contact "Kartina Digital" will void the warranty.
§8. Credit check, Schufa clause
8.1. In the context of the legally permissible and taking into account the respective interests of the subscriber worthy of protection, data may be exchanged with SCHUFA to check creditworthiness.
8.2. The subscriber agrees that "Kartina Digital" makes his data provided to "Kartina Digital" as part of the subscription initiation and the processing of the subscription contract (personal data and account, credit or bank card details) available to SCHUFA Holding AG ( "SCHUFA") transmitted for the purpose of credit checking. Irrespective of this, "Kartina Digital" also transmits data to SCHUFA due to non-contractual behavior (e.g. amount due after termination, withdrawal, credit or bank card misuse). According to the Federal Data Protection Act, these reports may only be made if this is permissible after weighing up all the interests concerned.
8.3. SCHUFA stores and transmits the data for credit inquiries to its contractual partners in the EU. SCHUFA's contractual partners are primarily credit institutions as well as credit card and leasing companies. In addition, SCHUFA also provides information to commercial, telecommunications and other companies that provide services and deliveries against credit. SCHUFA provides address data to identify debtors. When providing information, SCHUFA can also provide its contractual partners with a probability value calculated from its database for assessing the credit risk (score method). The data will only be made available if a legitimate interest in it has been credibly demonstrated. Of course, all personal data will be treated with strict confidentiality and issues worthy of protection will be strictly considered in accordance with legal requirements.
§9. Cancellation, term and automatic renewal
9.1. The "Kartina Digital" membership runs automatically until the subscription is canceled.
The subscription has an initial monthly or annual term, as specified when subscribing to the "Kartina Digital" service. The term is automatically extended by the length of the initial term, provided that the subscription is not in accordance with § 9.2 or is terminated by "Kartina Digital" in accordance with §9.4.
The subscriber can cancel the subscription to the "Kartina Digital" service at any time, no later than 24 hours before the end of the current billing period, and will continue to have access to the service for the remaining duration of the subscription period.
As long as the subscriber does not cancel his contract, he agrees that the contract fee for the subsequent billing period will be debited from his payment method.
9.2. The cancellation of the subscription must have been received by "Kartina Digital" through account (no later than 24 hours before the end of the current billing period) or in text form (no later than 72 hours before the end of the current billing period).
Notice of termination should be sent to:
Kartina Digital GmbH, Rheingaustraße 53, 65201 Wiesbaden, Germany
Refusal to accept delivery or non-use of deliveries and services does not constitute termination.
9.3. If the subscriber cancels his membership, access to the "Kartina Digital" service is automatically closed at the end of the current billing period.
9.4. "Kartina Digital" can terminate the subscription at any time and without notice for important reasons during the respective contract period. There is an important reason for "Kartina Digital" if
a) with regard to the subscriber, an application is made to initiate insolvency proceedings,
b) the subscriber uses the services of "Kartina Digital" with fraudulent intent, violates criminal regulations, other legal provisions or common decency or there is a corresponding urgent suspicion,
c) death of the subscriber.
9.5. The right to extraordinary termination remains unaffected.
§10. Retention of title
10.1. The goods remain the property of "Kartina Digital" until they have been paid for in full.
10.2. Prior to the transfer of ownership, resale, rental, pledging, transfer by way of security, processing, other disposal or redesign without the express consent of "Kartina Digital" is not permitted.
10.3. "Kartina Digital" retains ownership of the goods until all claims of the seller against the subscriber from the business relationship, including future claims, including those from contracts concluded at the same time or later, have been settled. If the subscriber does not meet his payment obligations despite a reminder, the subscriber is obliged, at the request of "Kartina Digital", to return the goods in a usable condition, in their original packaging, to "Kartina Digital" at their own expense. The goods are then examined, damage and compensation in the amount of 30% of the sales price as well as reminder fees and default interest must be borne by the subscriber despite the return of the goods. If the subscriber does not comply with the request to return the goods within the set period and does not pay the purchase price including reminder fees and default interest, the offense of embezzlement is fulfilled. This is expressly pointed out.
§11. Treatment of the goods, maintenance, access, disruption
11.1. The subscriber undertakes to treat the goods carefully and appropriately. He is liable for damage that can be traced back to improper handling, unauthorized tampering with the goods or other culpable behavior on his part or, with his approval, from third parties.
11.2. The subscriber is obliged not to rectify faults and damage himself, but to inform Kartina Digital about them immediately. If the goods are sent to "Kartina Digital" or a company commissioned by "Kartina Digital" for repair and if the defects, damage or other changes or deterioration of the goods are not material defects, which are statutory warranty claims or guarantee claims against the manufacturer, trigger, the necessary fees incurred for cost estimates, repairs and similar costs are to be reimbursed by the subscriber to "Kartina Digital".
§12. Guarantee
12.1. In the event of material and legal defects in the delivered goods, "Kartina Digital" is liable in accordance with the applicable statutory provisions, in particular §§434 ff. BGB. The subscriber's claims against "Kartina Digital" in the event of defects are based on the statutory provisions within the statutory deadlines, insofar as the following regulations do not result in deviations. The legal warranty period is currently two years.
Before the defective goods are sent in for the purpose of supplementary performance, the subscriber must first report the damage to the "Kartina Digital" service center on the telephone number +49 69 84 84 540 or by email Versand@kartina.tv. If the defect occurs within the first 14 days after receipt of the goods, defective goods can be picked up free of charge for repair or exchange. In order to arrange a free of charge collection of the goods within the 14-day period, the subscriber must apply to the "Kartina Digital" service center.
After the 14-day period has expired, the return costs must be borne by the subscriber.
The returned goods must be accompanied by a fully and correctly filled out return form. The goods must be returned in their original packaging. No other type of return will be accepted.
12.2. Damages caused by improper or non-contractual measures by the subscriber during installation, connection, operation or storage do not justify any claim against "Kartina Digital". The inappropriateness and lack of conformity are determined in particular according to the information provided by the manufacturer.
12.3. If the subscriber is an entrepreneur and the ordered service is provided for his business, his claims in the event of defects expire one year after receipt of the goods.
12.4. "Kartina Digital" basically has the repair of defective goods as part of its service content. However, it is at the discretion of "Kartina Digital" to fulfill its obligation to perform by exchanging the defective goods. The exchange takes place with a new or refurbished device (replacement device). A technically at least equivalent device from other series or manufacturers can also be granted as a replacement device.
If the repair of the device can no longer be carried out due to economic or actual impossibility, it is also at the discretion of "Kartina Digital" to fulfill its obligation to perform by exchanging the device (replacement device).
"Kartina Digital" guarantees to repair the defective goods or to deliver a replacement device to the subscriber within 14 days of receipt.
The repair or delivery time does not interrupt the contract period.
12.5. "Kartina Digital" is not liable for the faults of third parties. If the subscriber has difficulties with his internet provider and therefore cannot receive internet television from "Kartina Digital", this is the fault of the respective internet provider. The subscriber cannot make any claims against "Kartina Digital", e.g. reimbursement of the monthly basic fee, renewal of the subscription for the time of the failure, etc.
§13. Software products
13.1. The subscriber accepts these license terms with the first use of the software package. The software products will stay the intellectual property of the licensor. All of the product names, brand names and logos mentioned on the website belong to the manufacturers of the subscriptions and goods on offer. When utilizing delivered systems, property rights to which third parties are entitled must be observed.
13.2. In addition, the provisions on claims due to defects of the respective software manufacturer apply. The subscriber must first try to obtain the assumption of the software manufacturer's claims out of court.
13.3. The subscriber is obliged to protect himself appropriately against data loss. Since the new installation of software, but also the modification of the installed software, entails the risk of data loss, the subscriber is obliged to take precautions against data loss by means of a comprehensive data backup before reinstalling or changing the installed software.
§14. Liability of "Kartina Digital"
14.1. "Kartina Digital" and its legal representatives or vicarious agents are fully liable for intentional or grossly negligent breaches of duty. Otherwise, "Kartina Digital" is only liable in the event of simple negligence in the event of a breach of an essential contractual obligation, limited to the foreseeable risk typical of the contract. "Kartina Digital" is not liable for any loss of data by the subscriber.
14.2. Excluded from this are claims for damages of the subscriber from injury to life, body, health or from the breach of essential contractual obligations (cardinal obligations) as well as cases of damage with pure financial losses, the Telecommunications Customer Protection Ordinance applies.
§15. Subscriber Liability
15.1. The subscriber is liable for improper use of the services, violations of these general terms and conditions or contractual obligations, insofar as he is responsible for them.
15.2. The subscriber releases "Kartina Digital" from all claims that third parties may assert due to the negligent behavior of the subscriber due to the violation of their rights in connection with this contract. The subscriber bears all legal defense costs incurred as a result. The subscriber is obliged to enable "Kartina Digital" to ward off claims by third parties at the subscriber's expense.
§16. Offsetting prohibition
16.1. The subscriber is not entitled to offset his own claims against payment claims by "Kartina Digital" unless the subscriber's claims are undisputed or have been legally established.
16.2. The subscriber is not entitled to counter payment claims from "Kartina Digital" rights of retention - including from notices of defects - unless they result from the same contractual relationship.
§17. Transfer of contract
17.1. The subscriber is prohibited from transferring his rights and obligations under the contract with "Kartina Digital" to a third party. In the event of a violation of this contractual obligation, "Kartina Digital" is entitled to take legal action against the subscriber.
17.2. "Kartina Digital" may transfer its rights and obligations from the contract in whole or in part to third parties (debt collection companies, legal advisers, etc.).
§18. Data protection
18.1. The data processing takes place in accordance with the applicable General Data Protection Regulation (GDPR) and the Telemedia Act(TMG).
18.2. "Kartina Digital" observes the legal provisions of the General Data Protection Regulation, the Teleservices Data Protection Act and strictly other legal data protection provisions.
§19. Applicable law, place of performance and place of jurisdiction
19.1. The law of the Federal Republic of Germany applies exclusively to the terms and conditions, excluding the UN sales law.
19.2. The place of performance for all obligations is Wiesbaden, Germany.
19.3. In the event of a legal dispute, both contracting parties first undertake to reach an agreement out of court. If the subscriber is a merchant, legal entity under public law or public law special fund, Wiesbaden is the exclusive place of jurisdiction for all disputes resulting directly or indirectly from the contractual relationship.
§20. Access to Video Content (Online-Cinemas)
20.1. Terms of Use of START service (service START (START) are provided by «Start.Ru» LLCPrincipal State Registration Number (ОГРН) 1177746679175, TIN 7728374780) on Kartina Digital GmbH platformthrough its Kartina.TV serviceand posted on the following web page: https://start.ru/legal/terms_of_use. User is obliged to use START service via means that do not contradict with the terms of this Agreement.
§21. Severability clause
Should one or more of the above conditions be or become wholly or partially ineffective, unenforceable or incomplete, this shall not affect the validity of the other provisions.
The parties are obliged to replace ineffective, unenforceable or incomplete provisions with one that, as far as legally possible, comes closest to what the parties would have wanted according to the original meaning and purpose of the ineffective, unenforceable or incomplete clause if they had intended and would have considered or known the ineffectiveness, impracticability or incomplete nature of the regulations.
As of October 1st, 2020
Kartina.TV 2018-04-01 1


Situated at the top of Pontac Road, these brickwork Hauling Engine bases in the undergrowth are part of the scant remains of the second highest output mine in the area. The Drift itself was just a short distance to the south although no trace remains other than a depression in the ground.
A new gate has been erected in late 2008 which give some clue to the ironstone mining past.
This entry was posted in Ironstone, Marske by chris.twigg. Bookmark the permalink.
50 years ago the entrances of the drifts were "open". They had been blocked by earth but it had subsided and probably "helped" by local junior engineers, such that it was possible to enter the mines (with the aid of burning torches – as seen on cowboy films) and explore for about 100yds before coming up against more blocked tunnels. I particularly remember touching one of the pit props, holding up the roof(?) and it squashed to nothing, totally waterlogged – No wonder they are now totally removed from sight and temptation. One personal coincidence; I was born in Oswestry (near Wales) and moved around with the father being in the Army and eventually ended up in Redcar. When I traced my Family Tree I found that my Great Grandfather had worked in Upleatham mine, in the very place I played in nearly 100 years later……..Weird or what?


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Q: Remove dynamically added
* via onClick of  contained within I'm using the script from http://webdeveloperplus.com/jquery/ajax-multiple-file-upload-form-using-jquery/
I modified the onComplete to add a link to remove the image. In the remove_me() function, I want to:
1. remove the
 for the file clicked
2. call a PHP script on the server via ajax to delete the file from the server due to it being uploaded already.
if(response==="success"){
  $('

').appendTo('#files').html('
'+file+'
Click to Remove').addClass('success');
} else{
  $('

').appendTo('#files').text(file).addClass('error');
}

In the remove_me() function, I am able to get the image name easily because I'm passing it via the onClick but I am not sure how I can remove the
 that contains the image.
The filename will be passed to the PHP function via an ajax call. I know how to do that, it's just removing the
 that I'm having trouble with.

A: If you are using jQuery, you shouldn't use inline event binding like 'onClick'. You yould use the standard way of binding events, that is:
$(function() {
    $('img').click(function() {
        // process here
    })
})

So, you can access there to any related DOM element. In your case, you can get the parent
 as $(this).parent() and remove it with $(this).parent().remove();
ADDED: If you are adding those elements dinamically, you must bind the events using live, like:
$(function() {
    $('img').live('click', function() {
        // process here
    })
})

A: I am not sure with what you are showing here why it is not working since i can not see the remove_me() function but I will show you how to do it the way i would do it.
you could use $(this) in the remove_me() function like so:
$(this).closest('li').remove();

This would start where clicked and go to the closest li tag and remove it.
(darnit two people just answered ... im not going to look ... got to learn to type faster lol)

A: If the image is the only element inside the LI tag, then you can use the DOM to delete the parentNode of the image, thereby delete the LI.
https://developer.mozilla.org/En/DOM/Node.parentNode
http://reference.sitepoint.com/javascript/Node/parentNode

redpajama_set_name: RedPajamaStackExchange


4 How much is a year of human life worth?
5 Studies and reports of coal externalities in U.S.
Fine particulates are released directly from coal plants and also produced indirectly by sulfur dioxide emissions. According to a 2004 study released by the Clean Air Task Force, fine particulates from power plants result in nearly 24,000 annual deaths, with 14 years lost on average for each death. Based on social decisions in other contexts such as transportation and medicine, researchers report (see below) that American society is willing to spend $129,090 to avoid the loss of a year of life. This suggests that society would be willing to spend at an additional $40 billion (i.e., 24,000 annual deaths x 14 years lost x $129,000 per year lost) for alternative ways of generating electricity that did not produce deadly pollution. With US coal plants generating about 2 billion Gigawatt hours annually, the expenditure of an additional $40 billion would raise the cost of electricity by about two cents per kilowatt hour.
Since 1991, the ExternalE (External costs of Energy) European Research Network, including more than 50 research teams in over 20 countries, has been studying the costs of environmental damage associated with energy production. That research aims at advancing the goal of the European Union, as expressed in its Fifth and Sixth Programmes, and in the Göteborg Protocol of 2001, to make sure that the costs of energy are properly adjusted to include the damage produced by the production of energy. Otherwise, damaging ways of producing energy will appear to be cheaper than they actually are, and cleaner and safer production methods will be disadvantaged.
Policies for adjusting energy costs may include taxes or fees on dirty sources, subsidies for cleaner sources, or a combination of the two methods.
In 2007, researchers at the Paul Scherrer Institute in Switzerland published the following estimates for external costs of various coal-based electrical generating technologies. These estimates indicate that externalities of older coal plants are many times greater than those of new plants.
How much is a year of human life worth?
Although it is impossible to place a monetary value on human life, economic decisions are frequently made that indicate how much money society is willing to spend to extend human life in contexts such as medical treatments and the design of transportation systems. After reviewing various indicators, researchers at Stanford's School of Medicine and School of Business, and Wharton's School of Management reported that American society's willingness to support substantial public expenditures to extend individual lives through kidney dialysis treatment suggests that in the United States, the monetary value of one "quality adjusted year of life" (QALF) was $129,090 in the year 2008. Results from alternative ways of valuing life, which range as high as $21 million per statistical year, suggest that the $129,090 figure should be considered a lower bound.
Studies and reports of coal externalities in U.S.
In 2009 the National Research Council released a report on the "external costs of coal" caused by various energy sources over their entire life cycle, from extraction to production to use and emissions, effects not factored into the market cost of the fuels. The report Hidden Costs of Energy: Unpriced Consequences of Energy Production and Use was released in October 2009. Requested by Congress, the report was sponsored by the U.S. Department of the Treasury, National Academy of Sciences, National Academy of Engineering, Institute of Medicine, and National Research Council make up the National Academies. Putting together a diverse committee of experts including scientists, economists, and geologists, the committee estimated the use of fossil fuels had a hidden cost to the U.S. public of $120 billion in 2005, a number that reflects primarily health damages from air pollution associated with electricity generation and motor vehicle transportation. The estimate was derived from monetizing the damage of major air pollutants -- sulfur dioxide, nitrogen oxides, ozone, and particulate matter – on human health, grain crops and timber yields, buildings, and recreation.
The figure does not include damages from climate change, harm to ecosystems, effects of some air pollutants such as mercury, and risks to national security, which the report examines but does not monetize.
According to the National Research Council report, in 2005 the total annual external damages from sulfur dioxide, nitrogen oxides, and particulate matter created by burning coal at 406 coal-fired power plants (which produce 95 percent of the nation's coal-generated electricity), were about $62 billion. A relatively small number of plants -- 10 percent of the total number -- accounted for 43 percent of the damages. Further, coal-fired power plants are the single largest source of greenhouse gases in the U.S., emitting on average about a ton of CO2 per megawatt-hour of electricity produced, creating climate-related monetary damages range from 0.1 cents to 10 cents per kilowatt-hour, based on modeling studies.
The report also found that burning natural gas generated far less damage than coal, although still significant: a sample of 498 natural gas fueled plants (71 percent of gas-generated electricity) produced $740 million in total nonclimate damages in 2005. The life-cycle damages of wind power, which produces just over 1 percent of U.S. electricity, were found to be small when compared with those from coal and natural gas.
In 2009, the Department of Community Medicine, Institute for Health Policy Research, West Virginia University, published an epidemiological study of mortality rates between the years 1979 and 2005 in Appalachian counties classified as high levels of coal mining and low levels of coal mining, Appalachian counties where there was no coal mining, and other counties in the US. From the estimated excess mortality (adjusted for age and socioeconomic conditions), they went on to estimate the corresponding financial value of statistical life (VSL) lost, both absolute and discounted future value, for comparison to the economic benefits of the coal mining industry.
Their estimates of the annual age-adjusted excess mortality ranged from 3,975 to 10,923, depending on years studied and comparison group, corresponding to VSL estimates between $18.563 billion and $84.544 billion with a point estimate of $50.010 billion. Adjusted for socioeconomic factors, the excess mortality estimates ranged from 1,736 to 2,889, and discounting the costs of that future mortality for the length of time before occurrence, arrived with a point estimate of the present cost of this mortality of $41.846 billion. This is 5 times greater than the current economic value of the coal mined, $8.088 billion annually.
In 2009, Jonathan Levy of Harvard University and his colleagues published a study suggesting that coal pollution's health impacts have been underestimated. Dr. Levy, Joel Schwartz and Lisa K. Baxter completed a study in 2009, "Uncertainty and Variability in Health-Related Damages from Coal-Fired Power Plants in the United States", published in the journal Risk Analysis, that models the monetized health damages associated with 407 coal-fired power plants in the United States. Their numbers vary, based on age of facilities and types of coal used. The study offers a range of health-related damages of $30,000 to $500,000 for every ton of fine particulate matter, or PM2.5, pollution, with a median rate of $72,000 per ton. For each ton of sulfur dioxide pollution, or SOx, the health damage ranges from $6,000 to $50,000 per ton, with a median rate of $19,000. For nitrogen oxide pollution, or NOx, the per-ton rate ranges from $500 to $15,000, with a median cost of $4,800.
According to the Pittsburgh Post-Gazette, based on 2009 pollution totals, the 16 coal-fired power plants and 150 other major sources of pollution in the 14-county region of Pennsylvania generated 97,077 tons of NOx, 443,107 tons of SOx and 7,000 tons of PM2.5. Using the median per-ton costs of health damage, the total annual health damage from the region's major sources of pollution is $9.4 billion.T hat cost also doesn't include coal's impact on environmental resources and aesthetics.
In the previous version of this study, done in 2004, it was estimated that coal pollution caused about 24,000 premature deaths annually. The authors cited EPA action in 2005 under the Clean Air Interstate Rule (CAIR) as resulting in the declining mortality figures. Though CAIR was struck down in Federal court in 2008, the pollution reduction requirements remain in effect until a replacement is established. In making their projections, the authors of the study assume similarly stringent requirements will be in place for the remainder of 2010.
According to the 2010 report, "Impact of EPA Rules on Power Markets," by Credit Suisse, tougher federal air pollution rules that will be coming in the next few years could prompt electricity companies to close as many as 1 in every 5 coal-burning power plants in America, primarily facilities more than 40 years old that lack emissions controls. Part of the reason is that following the regulations would make power companies pay to prevent emissions that were previously health and environmental externalities.
The regulations being crafted by the Environmental Protection Agency (EPA), expected to go into force next April and November 2011 in accordance with the Clean Air Act, are part of a long ratcheting back of mercury, acid rain, and smog-forming emissions from utility smokestacks. The study found that the EPA rules, combined with a recent drop in the price of natural gas, could over the next four to five years cause the utility industry to accelerate retirement of old coal-fired power plants rather than spend to upgrade the plants' emissions controls.
Coal power, with about 340,000 megawatts of generating capacity, today produces about half of US electricity. After expected emissions upgrades, the coal fleet will continue to have plants, producing about 103,000 megawatts, that are still "lacking any major emission controls," the study says. The oldest, smallest coal plants with few emissions controls make up an "at-risk" of closure portion that account for about 20 percent of total US coal-fired generating capacity, or 69,000 megawatts. The cost to cut sulfur dioxide (SO2), nitrogen oxides (NOx), and mercury emissions could run $50 billion to $70 billion, not counting the oldest plants. Upgrading those would cost another $80 billion to $110 billion.
A 2011 American Economic Review study by Nicholas Z. Muller, Robert Mendelsohn, and William Nordhaus. "Environmental Accounting for Pollution in the United States Economy" creates a framework for calculating the air pollution externalities of industries, called "gross external damages" (GED), and estimates that coal creates roughly $53 billion in damages a year - a cost that is over twice as high as the market price of the electricity. The estimate does not include "external effects such as those that take place through water, soils, noise, and other media," nor carbon dioxide and its effect on climate change. When the authors add in estimates of the cost of carbon dioxide pollution, they find that the damages caused by oil- and coal-fired power plants are between 30 and 40 percent higher.
In January 2010, the AP Press reported that $395 million was available for abandoned coal mine reclamation funds provided by the U.S. Department of the Interior. Recipients can apply to the Interior Department's Office of Surface Mining Reclamation and Enforcement for funding for specific projects. Part of the money - $150 million - comes from fees based on U.S. coal production. The remaining $245 million comes from the U.S. Treasury, or taxpayers. Since 1977, the program has provided more than $7 billion to clean up more than 285,000 acres.
A 2009 study on the negative effects of power generation by the Australian Academy of Technological Sciences and Engineering (ATSE), "The hidden costs of electricity: externalities of power generation in Australia" calculated the greenhouse impacts and health damage costs of different power generation technologies including coal, gas, wind, solar photovoltaic, solar thermal, geothermal, carbon capture and storage, and nuclear energy, and determined that health costs of burning coal are equivalent to a national health burden of around $A2.6 billion per annum. Coal-fired power stations also produce more greenhouse gases per unit of energy than any other type of power station. Combining greenhouse and health damage costs for Australia gives representative total external costs of $A52/MWh for brown coal, $A42/MWh for black coal and $A19/MWh for natural gas. By the ATSE analysis, carried out before the costs of the 2011 Fukushima nuclear meltdown could begin to be calculated (ATSE specifically excluded nuclear disaster costs), the external costs of nuclear power would have been around $A7/MWh. The external costs of genuinely renewable sources of power generation, such as wind and solar power, are even less. If the external costs of burning coal were recovered by a coal tax, coal would be the most expensive of all energy-generating fuels.
↑ Mortality in Appalachian coal mining regions: the value of statistical life lost., Hendryx M, Ahern MM., Public Health Rep. 2009 Jul-Aug;124(4):541-50.
↑ 10.0 10.1 David Templeton and Don Hopey, "'A union president's worst nightmare': Report shows widespread illness among power plant workers" Pittsburgh Post-Gazette, Dec. 19, 2010.
↑ 11.0 11.1 11.2 11.3 11.4 Matthew McDermott, "Coal Pollution Will Kill 13,200 Americans This Year & Cost $100 Billion in Additional Health Care Bills" Treehugger, Sep. 13, 2010.
↑ 12.0 12.1 12.2 Ken Stewart, "Is coal power headed for a downsizing in US?" CS Monitor, October 20, 2010.
↑ 13.0 13.1 13.2 David Roberts, "New report shows dirty coal doing even more damage than you thought " Grist, Dec. 9, 2010.
↑ 14.0 14.1 14.2 14.3 14.4 "Life-cycle study: Accounting for total harm from coal would add 'close to 17.8¢/kWh of electricity generated'" Climate Progress, Feb. 16, 2011.
This page was last edited on 7 June 2014, at 05:53.


text:
Q: Update Character Variables based on String Pattern in R I currently have the below vector and am trying to use stringr to find a pattern and update.
string_vector <- c("1_lasso", "_lasso", "1_lasso_olsps", "_lasso_olsps")

string_vector_new <- string_vector %>%
str_replace("^[1_]_lasso", "Lasso")

[1] "Lasso"                 "_lasso"                "Lasso_olsps"
 [4] "_lasso_olsps"

I'm not sure how, but I am hoping to update my code so that I can detect a pattern like 1_lasso and _lasso, and change them both to Lasso simultaneously. Is this possible using stringr? I'm not sure what regular expressions I would need to make that update and have many more variables like these ones.
Thanks in advance.

A: simply use the | character to set an "or" in the pattern.
str_replace_all(string_vector, "1_lasso|_lasso", "Lasso")

A: I would use sub here with the regex pattern [^_]*_lasso:
string_vector <- c("1_lasso", "_lasso", "1_lasso_olsps", "_lasso_olsps")
output <- sub("[^_]*_lasso", "Lasso", string_vector)
output

[1] "Lasso"       "Lasso"       "Lasso_olsps" "Lasso_olsps"

The pattern used here matches _lasso which may or may not be preceded by some number of non underscore characters.

A: Use
str_replace_all(string_vector, "\\b1?_lasso(?![^\\W_])", "Lasso")

See regex proof.
EXPLANATION
--------------------------------------------------------------------------------
  \b                       the boundary between a word char (\w) and
                           something that is not a word char
--------------------------------------------------------------------------------
  1?                       '1' (optional (matching the most amount
                           possible))
--------------------------------------------------------------------------------
  _lasso                   '_lasso'
--------------------------------------------------------------------------------
  (?!                      look ahead to see if there is not:
--------------------------------------------------------------------------------
    [^\W_]                   any character except: non-word
                             characters (all but a-z, A-Z, 0-9, _),
                             '_'
--------------------------------------------------------------------------------
  )                        end of look-ahead

R code snippet:
library(stringr)
string_vector <- c("1_lasso", "_lasso", "1_lasso_olsps", "_lasso_olsps")
str_replace_all(string_vector, "\\b1?_lasso(?![^\\W_])", "Lasso")

Results: [1] "Lasso"       "Lasso"       "Lasso_olsps" "Lasso_olsps"

A: If you like to use regular expression then this my solution.
You can directly tackle it this way.
    string_vector <- c("1_lasso", "_lasso", "1_lasso_olsps", "_lasso_olsps")
    gsub("1_lasso|_lasso","Lasso",string_vector)

[1] "Lasso"       "Lasso"       "Lasso_olsps" "Lasso_olsps"

The code searches for the two patterns and replaces it with "Lasso"
To make it more generalized we can use the below code which looks for any pattern with "something_lasso"
gsub("\\S*_lasso","Lasso",string_vector)
[1] "Lasso"       "Lasso"       "Lasso_olsps" "Lasso_olsps"

The code looks for \S*_lasso where \S* is any non space item, 0 or infinite number of times.
I hope it helps.


text:
Q: Variable doesn't pass to filter I'm making a search algorithm and want to use $needle from query in Laravel collection filter method. But I'm sure that I'm passing a value and even checking for it but I get an error that needle is empty
Code:
if ( array_key_exists('search', $query) && $query['search'] != '' ) {

      $needle = strtolower($query['search']);

      $orders->filter(function ($order) use ($needle) {

           foreach ($order as $attribute => $value) {

               if ( strpos($needle, strtolower($value)) !== false ) {

                    return $order;

               }

           }

      });

}

A: You've inverted strpos function parameters, it should be haystack, needle, so try inverting values inside


text:
Cryptophorellia phaeoptera is a species of tephritid or fruit flies in the genus Cryptophorellia of the family Tephritidae.

Distribution
South Africa.

References

Tephritinae
Insects described in 1926
Taxa named by Mario Bezzi
Diptera of Africa

redpajama_set_name: RedPajamaWikipedia


Islamabad: (Parliament Times) chairperson Awami Muslim League (AML) Sheikh Rashid Ahmed has said that PPP and PTI can not go side by side.
He said this while addressing journalists outside the Parliament house here on Tuesday.
Every political partly has its own agendas and every political party will contest individually in the upcoming general elections. He further said the rumors and speculation of an alliance between PTI , PPP and other political parties are baseless. It is impossible for a political party to adopt the other parties agendas, ignoring its own.
He predicted the "I think that the general elections will be held in 2017 and the current government will not see the year 2018.


text:
Q: Android SDK tools older version (with working android tool) I've tried to install android SDK from official site. It include latest android SDK tools (version 25.3.1)
This package have utility android which is needed by my project (very big one); but this tool is no longer available:

The android command is no longer available.
  For manual SDK and AVD management, please use Android Studio.
  For command-line tools, use tools/bin/sdkmanager and tools/bin/avdmanager

According to changelog it was discontinued in version 25.3.0 so I tried to check sdkmanager for older versions but unfortunately it only contains single version of tools.
How do I get an old version of android SDK with working android tool?
The official site has only latest version. Other links no longer work.

UPD.
Appium also encountered this, they just fixed their tools to use the new setup.

A: Links described here still work:
http://dl-ssl.google.com/android/repository/tools_r25.2.5-macosx.zip - Mac OS X
http://dl-ssl.google.com/android/repository/tools_r25.2.5-windows.zip - Windows
http://dl-ssl.google.com/android/repository/tools_r25.2.5-linux.zip - Linux
Though it seems that google doesn't want older versions of SDK to be used by all means so this link may not last long.


Dentures are removable prosthetic devices which replace missing teeth. They can be partial or complete, depending on how many teeth need replacement. The right materials and proper fit are essential to ensuring you can use your dentures comfortably. For this reason, it is important to select a dental clinic with a high level of expertise in all steps of the process.
High-quality dentures can go a long way towards improving your quality of life. They make it possible for you to chew as if you still had all your own teeth, so you can continue eating the food you enjoy. Additionally, complete or partial dentures help your mouth retain its proper structure. An experienced dentist can help you look and feel your best by taking all necessary steps to ensure a good fit.
If your dental needs include replacing some or all of your teeth, it is important to know your options. Full, or complete, dentures are a set of artificial teeth designed to help people who are missing teeth or need extractions from their top or bottom gums. Your dentist will fit them to your gum line, and you can easily take them out. They adhere to the gums with an oral adhesive or by suction.
Partial dentures work better for someone who still has some of their own teeth. They require a custom fitting to ensure they comfortably fill the gap between the natural teeth. These dentures attach to the surrounding teeth and are also easy to remove.
It is possible to obtain dentures that attach to implants. There may be a variety of reasons why it is better to use this strategy rather than obtaining implants for all the missing teeth. Questions of expense and comfort play a major role for many people.
You can expect to make several appointments with your dentist to ensure a high-quality result. After consultation, the first step is to take a series of impressions and measurements of your jaws. Next, the dental lab will produce a model based on the impressions so that you can try it on a few times. During this try-on period, the dentist will make adjustments to color and fit. After this process, the final product will be made. Your dentist may need to make further adjustments to fit in the future.
Dr. Johnny Smith, DMD, provides a variety of options for denture needs, as well as a wide range of other dental services. Schedule an appointment today using our convenient online form.


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