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General Terms and Conditions
& On Demand Terms of Use
Filmperspektive GmbH
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support@filmperspektive.com
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These General Terms and Conditions (hereinafter referred to as GTC) apply to all offers made and contracts concluded with Filmperspektive GmbH, unless otherwise agreed in writing in individual cases. In particular, these GTC apply to all transactions via the website www.marcus-vetter.com and www.filmperspektive.de. Offers and contracts outside the contracts concluded via the website and other divisions of Filmperspektive GmbH are expressly excluded from the scope of these GTC.
The GTC also apply to repeat orders, follow-up orders and other future offers made within the scope of a business relationship and contracts concluded for the first time via the website. The GTC apply to companies within the meaning of Section 310 (1) BGB and to private individuals.
This Terms and Conditions & User Agreement (the “Agreement” or “Terms of Use”) is entered into between Filmperspektive GmbH (“Filmperspektive”, “we”, “us” or “our”) and you, our customer (“Customer”, “you” or “your”). This Agreement governs your use of Filmperspektive GmbH owned and operated websites, applications and embeddable video players (collectively, the “Services”).
Deviating, contradictory or supplementary provisions require our prior written consent to be effective. Without our express written acknowledgement, other terms and conditions shall not be binding even if we have not expressly objected to them in individual cases after receipt; even if the customer states that the contract is only concluded on his terms and conditions.
Should individual provisions of the contract be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. In place of the invalid provision, it shall be deemed to have been agreed what comes closest to the economic purpose pursued by the invalid provision within the scope of what is legally permissible.
1.A cceptance through registration
By creating an account, watching videos, renting or purchasing a movie as an online streaming service, or otherwise visiting or using our Services, you accept this Agreement and agree to enter into a contract with us electronically.
If you are a legal entity that is not a natural person, the person who registers the account or otherwise uses our services must have the authority to bind the legal entity. In this context, “you” means both the legal entity and any person authorized to access the account.
We may update this Agreement by posting a revised version on our website. By continuing to use our services, you accept any revised agreement.
This Agreement includes our Privacy Policy and the addenda listed in Section 12 below. Please read our Privacy Policy to learn what information we collect from you, how we use it and with whom we share it.
2. Our services
Subject to these terms and conditions, we grant you access to our services. This includes the right to stream videos for which you have the exclusive right to view. Downloading as a physical product is not part of our service.
2.1 Renting or buying movies
You can purchase movies, either on a “rental” or “purchase” basis, for a one-time fee (displayed at the time of purchase), including any applicable taxes).
When you “rent” a video, you have the right to stream it an unlimited number of times during the rental period (displayed at the time of purchase).
When you “buy” a video, you have the right to stream it an unlimited number of times as long as it is available on Filmperpektive GmbH On Demand.
2.2 Formation of the contract
The contract is concluded when we have completed your order and the video has been made available to you in your customer account. After placing your order, you will receive a technical order confirmation by e-mail.
3. Rights of use
The rights of use for videos that can be purchased via the above-mentioned websites apply exclusively to private use. Public or commercial screenings are not permitted and require written consent. The customer is obliged to comply with the specified rights of use of the media purchased by him. By accepting these GTC, the customer expressly declares that he has read the above-mentioned published descriptions of the rights of use and will comply with them.
You may stream videos that you have purchased (whether by “renting”, “buying” solely for your personal viewing purposes. You may not:
(a) transmit or distribute videos in any way;
(b) exhibit videos publicly;
(c) resell views of videos; or
(d) allow others to log into your Filmperspektive account to watch a video.
All rights not granted are expressly reserved by Filmperspektive GmbH.
4. Availability of content
4.1 The videos are provided subject to availability. Filmperpektive GmbH does not guarantee that a particular video will be available for streaming after purchase. If a video becomes unavailable for any reason, Filmperpektive GmbH may eliminate or reduce the time you have available to stream the video without penalty.
4.2 Videos can be offered for sale in different formats (e.g. SD, HD, 4K, etc.). Your ability to stream a video in a particular format depends on your device and the bandwidth of your internet connection.
4.3 Some videos may not be available on all devices or in all countries. Please check the Filmperpektive GmbH On Demand page for details before purchasing.
4.4 The titles are made available to buyers exclusively via their Filmperpektive GmbH account. You must maintain your account in order to stream purchased videos. If your account is deleted, you will lose the ability to view videos you have purchased. Under no circumstances will we transfer viewing privileges to other accounts.
5. Errors and error guidelines and refunds
5.1 Error and immission guideline
In the event that a product is listed at an incorrect price due to typographical error or error in pricing, Filmperspektive GmbH shall have the right to refuse or cancel any orders placed for product(s). Filmperspektive GmbH shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your payment method has been charged. If your account has already been charged for the purchase and your order is canceled, Filmperspektive GmbH will immediately issue a credit in the amount of your original charge to the original means of payment. Filmperspektive GmbH endeavors to provide correct and up-to-date information on all products.
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5.2. Refunds
All purchases are final and non-refundable. Refunds do not include unviewed videos. Notwithstanding the foregoing, Filmperspektive shall have the right, but not the obligation, in its sole discretion to issue refunds if it determines that the circumstances warrant a refund.
6. Third-party services
6.1. General
Third-party services may include third-party platforms, third-party APIs, third-party logins and other integrations of third-party services within the Film Perspective Services (e.g. email service providers, payment providers, analytics providers, etc.).
We may prohibit you from using or connecting your Filmperspektive account with a third party service due to a violation of our Terms of Use. We may prohibit you from connecting your Film Perspective account to an unauthorized third-party service for any reason.
6.2. Agreements with third-party providers
Your use of third party services is subject to the terms of use of the respective service providers. You are solely responsible for complying with these agreements. Failure to comply with these agreements may result in your account with a third party provider being terminated and you not being able to use a particular feature that we offer.
6.3. Data protection
By using a third-party service, you agree that your personal information may be collected by the respective service provider. Such information is subject to the privacy policy of the service provider, not that of Filmperpektive GmbH.
6.4. Functionality
Certain functions offered by us only work if you connect certain third-party services. If you do not do so, this may result in limited or unavailable functionality. We accept no responsibility for the unavailability of features resulting from your inability to maintain an account with a third party service.
6.5. Customer service
Vdie Filmperpektive GmbH is not responsible for the provision of customer service in relation to the services of third parties.
6.6. No assurances or guarantees
Filmperspektive GmbH is not responsible for the acts or omissions of third party providers and makes no representations or warranties for these services. Filmperspektive GmbH does not guarantee that it will maintain any particular integration with a third-party service and reserves the right to change integrations, discontinue integrations, change providers or offer the same service itself.
7. Accounts
Registration: You can create an account to use the functions we offer. For this purpose, you must provide an e-mail address. By creating an account, you agree to receive communications from Filmperspektive GmbH to this e-mail address at any time, including before 8:00 a.m. and after 9:00 p.m. local time. You must keep your e-mail address valid and up to date so that we can contact you.
Age Requirements: You must be at least 16 years of age or the age of majority in your jurisdiction, whichever is higher, to create an account or otherwise use our Services. Persons under the age of majority may use our Services only through the account of and with the cooperation of a parent or legal guardian. Please have that person read and agree to this Agreement with you before proceeding.
Parents and Guardians: By granting your child permission to use the Services through your account, you agree and understand that you are responsible for monitoring and supervising your child’s use. If you believe that your child is using your account and does not have your permission, please contact us immediately so that we can monitor their use of the Services.
8. Prohibited technical measures
You agree not to take any of the following actions:
- reproduce, redistribute, iFrame, embed into other websites, mirror, create derivative works from, decompile, reverse engineer, modify, archive or disassemble our Services; or attempt to circumvent our security, rate limiting, filtering or digital rights management measures;
- Remove or alter any logos, watermarks or proprietary rights notices embedded on or in the Services or any output thereof without our permission;
- transmit malicious programs, scripts or code; send an inappropriate number of requests to our servers; or take any other action to tamper with, disrupt or damage our services.
9. Term and termination
This Agreement begins when you first use our Services and continues for as long as you use our Services or have an account with us, whichever is longer. Provided free accounts may be terminated by Filmperspektive GmbH at any time upon thirty (30) days written notice, and affected users may terminate at any time by deleting their accounts. Please apply for deletion at info@filmperspektive.de, stating your first and last name and your e-mail address. The termination notice must be sent from the email address used in your account.
If you breach this Agreement, Filmperpektive GmbH may, in its sole discretion: (a) terminate this Agreement immediately, with or without prior written notice; (b) suspend, delete or restrict access to your account (and any other accounts you control) or any content therein. If Filmperpektive GmbH deletes your account for a breach, you will not be able to re-register.
In the event of termination or expiration, the following sections shall survive: Section 10 (Statutory Liability for Defects), Section 11 (Exclusions of Liability), Section 12 (Limitation of Liability), Section 14 (Disputes, Arbitration and Choice of Law).
10. Statutory liability for defects
Warranty and guarantee: Defects must be reported in writing within 7 days of the video being made available. For duly notified defects that can be proven to exist, we will provide a replacement free of charge by supplying a new video. If we are unable to replace the defects in the video provided within 14 days, the customer may withdraw from the purchase contract. Any further claims by the customer are excluded. Older film material may generally have defects in image and/or sound quality. These defects do not trigger any warranty on our part.
11. Exclusions of liability
We accept no liability for defects and damage resulting from incorrect handling or operation, external influences and commissioning using unsuitable equipment. Incompatibility of media with the customer’s playback device does not constitute a defect. The customer is obliged to check compatibility before purchase.
FILMPERPEKTIVE GMBH PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU USE THE SERVICES AT YOUR OWN RISK. You must provide your own device and internet access.
EXCEPT AS EXPRESSLY SET FORTH HEREIN AND TO THE EXTENT PERMITTED BY LAW, FILMPERPEKTIVE GMBH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
12. Safeguarding the protection of minors
For all films that are not approved for all age groups according to §14 JuSchG, we have indicated the corresponding ratings. By accepting these GTC, the customer declares that he has read the age rating information and will comply with this legal requirement. This requirement is independent of the intended use (e.g. private use or non-commercial public screening).
13. Miscellaneous & place of jurisdiction
These General Terms and Conditions and Order Contracts and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by German law.
Any disputes or claims arising out of or in connection with these Terms and Conditions or such order contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the German courts.
Any reproduction of the image and sound material sold by us, as well as the distribution of reproductions, is prohibited and will be prosecuted by us under civil and criminal law, regardless of whether the infringement was merely negligent or was committed by a person employed by the customer. Prices are subject to change and errors excepted.
An agreed written form requirement can only be waived in writing.
The customer is aware that we store and automatically process customer data that comes to our knowledge in the course of the business relationship in accordance with data protection regulations, insofar as this is necessary for the performance of the contract. The customer agrees to this. The data will not be passed on to third parties. The legal relationship between us and the customer shall be governed exclusively by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods, including in the case of foreign transactions. The place of jurisdiction for all contractual claims and claims in connection with the concluded contract is Immendingen. However, we are also entitled to assert claims at the court responsible for the customer’s registered office.
14. Disputes, arbitration and choice of law
If you are dissatisfied with our services for any reason, please contact us first so that we can try to resolve your concerns without outside assistance.
15. Severability clause
Should a provision of this agreement be wholly or partially invalid or lose its legal validity at a later date, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the statutory provisions.
16. Our right to amend these General Terms and Conditions
We have the right to revise and amend these Terms and Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements.
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