For events organized by DOK.aroundtheclock in cooperation with partners, the general terms and conditions of the respective cooperation partners apply.

General Terms of Use for End Customers of DOK@home Selection

1 Subject matter of the contract and definitions

1.1 The “Internationales Dokumentarfilmfestival München e.V.”, represented by the managing director Daniel Sponsel, Dachauer Str. 116, 80636 Munich, Amtsgericht München VR 17621, (hereinafter referred to as “Provider”) offers end customers (i) a video on demand service (hereinafter referred to as “VoD service”) under the name “DOK @home Selection”, which enables the use of selected films and other audiovisual content (hereinafter referred to as “content”) by way of video on demand against payment of a fee or free of charge.

The VOD service is handled by 1o1Media GmbH, Marthashof 6, 10435 Berlin, Germany, email: info@1o1Media.com, Charlottenburg Local Court, registration number: HRB 123617 B (“1o1Media”) in the name of and for the account of the provider.
When tickets are sold (for a fee or free of charge), ticketing is handled by CodeKarussell UG (haftungsbeschränkt), Vogelsanger Straße 20, 50823 Köln, Amtsgericht Köln HRB 82543 B (“rausgegangen”) in the name of and for the account of the provider.

1.2 Anti-discrimination
The Provider does not condone or tolerate any form of preferential treatment, offensive or insulting language, discrimination, exclusion, violence, insult or harassment based on gender, origin, ethnicity, religious beliefs, skin color, sexuality, gender identity, disability or age.

1.3 Definitions
“Video on Demand” or ‘VoD’ refers to the exploitation of content by means of making it available to the public within the meaning of Section 19a UrhG, i.e. the right to make the production available to members of the public by means of on-demand access.
“Streaming” refers to the simultaneous use of the content by the end customer without any changes to the transmission and without creating a permanent copy of the content on the end customer's end devices.
“Consumer” means any natural person who enters into a legal transaction for purposes that are predominantly outside his or her trade, business or profession.
“End customer” or ‘end customer’, collectively ‘end customer’ within the meaning of these Terms of Use are consumers of all genders and gender identities with full legal capacity.
“Individual access” refers to the authorization to use content via VoD for a limited period of time by the end customer via streaming for a one-time fee per content in accordance with the provisions of these Terms of Use.

 

2 Scope of the Terms of Use

2.1 These Terms of Use apply to all paid and unpaid services offered by the Provider within the scope of the VoD service and services provided to the End Customer in connection with DOK @home Selection

2.2 Deviating or supplementary terms and conditions of the End Customer shall not apply unless they have been recognized by the Provider in writing.

2.3 The end customer acknowledges that in connection with the use of the VOD service, the provider uses the services of third parties, in particular the companies “rausgegangen” and “1o1 Media” as well as payment providers, whose terms of use apply in the contractual relationship with the end customer in addition to the provider's terms of use; in the event of conflicting terms of use, the terms of use of the third parties shall take precedence.

 

3 Conclusion of contract

3.1 Conclusion of the VOD service contract: In order to conclude a contract between the provider and the end customer for the use of the content provided as part of the VoD service (hereinafter referred to as the “user contract”), the end customer must enter the requested data completely and correctly via the input mask provided by the provider and carry out any necessary age verification procedure (if age verification is necessary, the end customer's offer to conclude a user contract is subject to the successful completion of the age verification procedure). By clicking the “Order with obligation to pay” button, the end customer's order is transmitted to the provider. The contract of use is then concluded when the provider activates the respective content. Activation and the conclusion of the contract of use shall be confirmed to the end customer by email. There is no entitlement to use the VOD service.

3.2 The end customer's offers to conclude a contract of use and to conclude a contract are binding for the end customer. The Provider shall not be obliged to accept an End Customer's offer to conclude one of these contracts.

3.3 The respective service descriptions, including the prices, are listed in the respective offer and form part of the respective contract of use or contract.

3.4 The end customer's data provided during the conclusion of the contract and the text of the contract shall not be stored. The text of the contract will be sent to the end customer by email once the contract has been concluded.

3.5 The end customer can correct their entries on an ongoing basis using the keyboard and mouse functions when concluding the contract. In addition, when entering their data, the end customer is provided with technical means with which a standard completeness and plausibility check is carried out and with the help of which input errors can be recognized and corrected.

3.6 It is also possible to register for newsletters and/or personalized (advertising) messages about “DOK.fest München”. These newsletters and messages contain information about the DOK.fest München program. Unsubscribe options can be found in every e-mail.

3.7 The end customer has the option of requesting an invoice. Further data may need to be entered for this purpose. The invoice will then be sent to the end customer.

3.8 The right of use granted by the end customer through the purchase of tickets in the VOD ticket category shall be geographically limited to the territory of the Federal Republic of Germany. The right of use is limited to the end customer's current location, whereby the cross-border portability of online content services in the European Single Market is guaranteed in the event of temporary stays by the end customer in another Member State of the European Union.
The preservation of the territorial limitation of the use of the content made available by the provider is technically guaranteed by geo-blocking in compliance with the legal requirements.
The provider is entitled to obtain the information required to determine the Member State of residence from the respective end customer in accordance with the Regulation on cross-border portability of online content services in the internal market or to take any measures necessary for this purpose.

 

4 VOD service: scope of services, contract term, ticket purchase, granting of rights

4.1 Once a contract of use has been concluded, the provider shall make the respective content available to the end customer for retrieval by way of individual retrieval in accordance with the following provisions. The end customer can see from the respective service description of a content under which conditions the content is offered. The end customer receives a so-called ticket ID, which is used to access the content or content.

4.2 Individual retrieval: In the event of the conclusion of a contract of use authorizing individual retrieval, the end customer may use the content as follows:

  • 4.2.1 End Customer*in may play the Content for the purpose of making it directly perceptible via the VoD Service, i.e. - with the exception of so-called buffering - without intermediate storage by means of streaming on the end device of the respective End Customer*in during the period of use.
  • .2.2 After the first start of a playback process, the end customer may play the respective content again as often as desired within a period of 48 hours.
  • 4.2.3 After expiry of one of the periods listed above under 4.2.1 and 4.2.2, the content can no longer be played.
  • 4.2.4 The end customer is only granted the non-exclusive, non-transferable, non-sublicensable right, limited in time to the periods listed under 4.2.1 and 4.2.2, to make the content perceptible for private purposes. No further rights of use are granted. In particular, the end customer is not entitled to permanently store the content in whole or in part, to reproduce it beyond the aforementioned scope, to modify it, to make it publicly accessible, to sell it or to use it for commercial purposes.

4.3 Number of end devices
The end customer may use the services of the VoD service on up to five (5) registered end devices. One stream per end customer is available at the same time.

 

4.4 System requirements of the end customer

  • 4.4.1 The end customer requires an internet connection and an internet-enabled device (e.g. PC, Mac, smartphone, tablet) to use the VoD service. The end customer is responsible for the procurement, use and compatibility of the required hardware and software.
  • 4.4.2 It is the end customer's responsibility to ensure that their end device meets the technical system requirements, in particular for high-resolution display and streaming of content. The display quality of the content may vary from device to device and depend on various hardware and software factors such as the up-to-dateness of the operating system and browser, the location, the available bandwidth and/or the speed of the internet connection.
  • 4.4.3 The use of the VoD service leads to additional costs for the end customer, particularly in the case of time or volume tariffs. Against this background, the provider recommends a so-called flat rate tariff. For the reception of content in standard definition (SD), the provider recommends a broadband internet connection with an (actual) download speed of at least 2 Mbits/s. For the reception of high-definition content (HD), the provider recommends an (actual) download speed of at least 5.0 Mbits/s. Bandwidths below this recommendation only allow limited use of the VoD service with considerable loss of quality.
  •  

5 Obligations of the end customer

5.1 The End Customer warrants that all information provided to the Provider is always truthful.

5.2 If the End Customer fails to provide the information required and requested by the Provider to determine the Member State of residence in accordance with the Regulation to ensure the cross-border portability of online content services in the internal market, or fails to provide such information completely or truthfully, or fails to cooperate in any other way required in this context, with the result that the Provider is unable to determine the End Customer's Member State of residence, the End Customer shall not be entitled to use the content across borders within the meaning of the aforementioned Regulation. For the avoidance of doubt, this does not affect any rights granted to the end customer on the basis of the user contracts concluded to use the content in countries other than their Member State of residence.

5.3 The end customer may not misuse the VoD service, in particular

a) not rent, resell or otherwise offer the provider's services to third parties on a commercial basis;
b) not pass on or otherwise make available the Ticket ID received to third parties;
c) not manipulate the digital key transmitted for decrypting and playing the content;
d) do not circumvent the territorial limitation of use (in particular by geo-blocking) of the content made available (e.g. bypassing using a VPN client or tunnel);
e) do not change copyright and property right notices;
f) use the retrieved content only in compliance with the applicable laws and within the scope of the rights granted under the respective license agreement and these Terms of Use, i.e. in particular not (i) use the content for commercial purposes, (ii) publicly perform, (iii) make publicly accessible, (iv) broadcast, (v) edit, (vi) reproduce (beyond the permitted extent), (vii) disseminate, (viii) distribute;
g) only show, have shown or otherwise make available to children or young people content that is approved for the respective age group.

 

5.4 In the event of culpable breaches by the end customer arising from the contractual relationship between the Provider and the end customer, the end customer shall be liable to the Provider for all damages, costs and other expenses and shall indemnify the Provider against any resulting claims and third-party claims.

 

6 Content of the user

Insofar as the Provider enables the end customer to communicate or publish user information or user content in the context of events or the VoD service by making it publicly accessible (e.g. by means of a rating or comment function), the end customer is obliged not to publish and/or have published any information that is likely to violate the rights and/or honor of third parties, insult or denigrate persons or groups of persons, or otherwise violate applicable law. Such information, in particular pornographic, violence-glorifying, right-wing, left-wing or ideologically based extremist or immoral content, is not permitted. In the event of a violation, the provider is entitled to block the end customer's access to the VoD service temporarily or, in the case of serious violations, permanently and to remove the corresponding content.

 

7 Restrictions on the obligation to perform

7.1 In the event of a significant breach of duty by the end customer (e.g. in the event of default of payment) and in the event of reasonable suspicion of a significant breach of duty, the Provider shall be entitled to withhold the respective service or the availability of the functionality to which the breach relates within the framework of the statutory provisions. The Provider shall also be entitled to temporarily block access to the service by the end customer in the aforementioned cases and in particular in the event of suspected false or incorrect information provided by the end customer, unauthorized disclosure of access data or default of payment.

7.2 The Provider shall immediately resume the service or lift the block if it turns out that the suspicions were unfounded and/or there is no or no longer a significant breach of duty by the end customer. The provider shall ensure that the end customer can use the agreed service in accordance with the agreement in the contract of use. The Provider's right to terminate the contract for good cause shall remain unaffected.

 

8 Remuneration/ terms of payment

8.1 The end customer undertakes to pay the fee stated for the respective offer for the content and the respective type of use or access to a service. The stated fee is the total price and includes the applicable statutory VAT. The usage fee is due immediately upon provision of the service.

8.2 Various means of payment are available to the end customer, which are specified on the respective offer page. Payment of the fees can only be made by these authorized means of payment.

8.3 The obligation to pay the fee shall also apply if third parties use the content of the VOD service via the end customer's access and the end customer is responsible for this use.

 

9 Technical availability
The Provider shall endeavor to ensure the permanent and continuous availability and error-free functionality of the VoD service during the term of the contract. The Provider may restrict the accessibility and operation of the VoD service for technical reasons if the security of network operation, the maintenance of network integrity, in particular the avoidance of serious disruptions to the network, the software or stored data, the interoperability of the services or data protection so require. The provider shall carry out maintenance work on the VoD service if necessary, whereby this maintenance work shall be carried out at times when there is little use.

 

10. for VOD service: Right of withdrawal for consumers and withdrawal form
Consumers are entitled to the following right of withdrawal when purchasing tickets for the VOD service in accordance with the withdrawal policy.

A. Cancellation policy
Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the date of conclusion of the contract.
In order to exercise your right of withdrawal, you must inform us, Internationales Dokumentarfilmfestival München e.V, Dachauer Str. 116, 80636 Munich, e-mail info@dokfest-muenchen.de of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

 

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

 

Premature expiry of the right of withdrawal

Your right of withdrawal expires prematurely in the case of a contract for the delivery of digital content not contained on a physical data carrier if you have expressly agreed that we may commence performance of the contract before expiry of the withdrawal period and you have confirmed your knowledge that you will lose your right of withdrawal upon commencement of performance of the contract or if we have provided the service in full.

 

Withdrawal form
The following sample withdrawal form can be found here:

___________________________________________________________________________

Sample withdrawal form

(If you wish to withdraw from the contract, you can use this form.)

To
Internationales Dokumentarfilmfestival München e.V., Dachauer Str. 116, 80636 Munich,

E-mail info@dokfest-muenchen.de

 

I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service (*)

_________________________________ _____________________________

_________________________________ _____________________________

_________________________________ _____________________________

- Ordered on (*)/received on (*)
- Name of the consumer
- Address of the consumer
- Signature of the consumer(s) (only for notification on paper)
- Date of order

______________________
(*) Delete as appropriate.


11 Protection of minors

11.1 The VoD service and the offer to participate in events are aimed at legally competent persons aged 18 and over.

11.2 The Provider reserves the right to offer developmentally impairing offers with time restrictions, to open the VoD service for other youth protection programs or to restrict their access by means of an AVS or a youth protection PIN.

 

12 Liability

12.1 The Provider shall be liable without limitation for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses on any legal grounds:
a) in the event of willful intent or gross negligence,
b) in the event of intentional or negligent injury to life, limb or health,
c) on the basis of a guarantee promise, unless otherwise regulated in this respect,
d) due to mandatory liability, such as under the Product Liability Act.

 

12.2 If the Provider negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the above provisions. Essential contractual obligations are obligations which the contract imposes on the provider according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the rights holder may regularly rely.


12.3 Any further liability of the Provider is excluded. The above liability provisions also apply with regard to the liability of the Provider for its vicarious agents and the personal liability of its legal representatives and employees.

 

13 Right of termination for good cause
The right to terminate for good cause remains unaffected. For the Provider, good cause shall be deemed to exist in particular if the End Customer breaches Sections 5.3, 5.4 or 5.5 of these Terms of Use or if the End Customer breaches provisions of these Terms of Use, third-party rights or statutory provisions and does not remedy the breaches despite a warning from the Provider setting a deadline.

 

14 Contract language
The following languages are available for the conclusion of the contract: German, English. In the event of disputes regarding the interpretation of provisions, the German version shall prevail in case of doubt.

 

15 Amendment of the Terms of Use

15.1 The Provider is entitled to amend less important provisions of these Terms of Use at any time and without stating reasons, provided that this does not lead to a reorganization of the overall structure of the contractual relationship. The important provisions include, in particular, the provisions that determine the type and scope of the contractually agreed services, the term and termination.

15.2 The Provider is also entitled to amend provisions of these Terms of Use insofar as this is necessary to eliminate difficulties in the implementation of the contractual relationship due to loopholes that have arisen after the conclusion of the contract. This may be necessary in particular in the event of new technical developments, changes in the law, changes in case law or similar valid reasons.

 

16. online dispute resolution; dispute resolution

16.1 The European Commission has set up an online platform for the out-of-court settlement of consumer disputes, which can be found at http://ec.europa.eu/consumers/odr/.

16.2 The provider will not participate in a dispute resolution procedure before a consumer arbitration board within the meaning of the VSBG and is not obliged to do so. Our e-mail address is: info@dokfest-muenchen.de.

 

  1. 17 Final provision
  2.  
  3. 17.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his or her habitual residence is not withdrawn.
  4.  
  5. 17.2 Amendments to a licence agreement must be made in writing. There are no verbal or written collateral agreements. § Section 126 (3) BGB shall apply.

17.3 Should individual provisions of these Terms of Use be or become invalid or ineffective in whole or in part, this shall not affect the validity of the remaining provisions.