1. Subject of Agreement, Amendment Rights
1.1 The Provider
We, Knabl Scherk Gesellschaft bürgerlichen Recht (GbR), a partnership pursuant to the German Civil Code, with business office at Schulstraße 2, 85107 Baar-Ebenhausen offer under the business description Dogsport-Online (hereinafter: "Dogsport-Online" or "we") video on demand services by streaming relating to the areas dog sports and dog training (such services hereinafter "Video on Demand-Services" or "VoD-Services") which allows our customers to access and watch content relating to the aforementioned areas (such content hereinafter "Video-on-Demand-Content" or "VoD-Content") by means of internet, internet-compatible TV sets, computers, and other equipment (hereinafter referred to as "End Devices").
1.2 Subject and Scope of the User Terms and Conditions
These user terms and conditions specify the terms applicable to your use of our VoD Services. The VoD Services referred to in the user terms and conditions refer only to personalized services offered by us to discover and view the VoD Contents including all associated features and functions, referrals and reviews, the interface and also all contents and software offerings that are linked to our VoD Services.
1.3 Scope of your User License
Upon conclusion of this Agreement we will grant to you a personal, non-exclusive, non-transferable right to access the acquired VoD-Service and view the VoD-Contents for the term of this Agreement. In return you will be obliged to pay a fee to us (hereinafter referred to as "License Fee").
The customer does not receive any further rights of use. In particular, he is not entitled to edit or change the VoD-Content in any way, to make copies of the content, to make the content available to third parties or to make it publicly accessible, to copy ("burn") content onto physical carriers and/or to copy or transfer it to portable playback devices.
2. Prerequisites and Terms and Conditions of Use
2.1 Requirements for Accessing our VoD-Services and VoD-Contents
Access to the VoD Content requires your registration. You will have to provide a number of personal details, specify your mode of payment, and a personal password will be generated. You may access the account so generated (hereinafter referred to as "the User Account") at any time and retrieve updated information, particularly regarding billing of the License Fee. You may always make change to your personal profile.
The User Account is protected through password that you will be generated during the initial set-up of your User Account and which you can always change thereafter. We recommend that you procure the usual safety protection for the password and do not disseminate it to third parties.
In case of any suspected abuse of your User Account through third parties (particularly any suspected hacking) we may suspend your access data until we have established the facts, or the access data have been changed. Should the abuse have been caused by willful misconduct on your side we further reserve the right to terminate this Agreement for cause with immediate effect.
In case of any suspected abuse we urge you to contact us through hotline or via Email. We have placed the contact information in our website.
You will have to be of full age in the country of your residence to use our VoD Service and retrieve VoD Contents. Also, the VoD Contents must be available in your country.
2.2 Technical Requirements
To access the VoD Contents, you will need internet access, an End Device compatible with our VoD Service and have specified a valid mode of payment. Please see clause 5 below for details.
You can view details of your membership though visiting our website accessing your User Account through the "My Account" button at the top side of the page where you also can find your username.
3. Right to Revocation/Effects of Revocation
3.1 Right to Revocation
You have the right to revocation of this Agreement within fourteen days (14) without giving reasons. The revocation term is fourteen (14) days starting at the date at which this Agreement has been concluded. To exercise your right of revocation you must inform us – Knabl Scherk GbR – though explicit notice (e.g. letter sent by ordinary mail, fax-letter, or Email to mail@dogsport-online.com) on your decision to revoke this Agreement. You may use the revocation form which we have placed in the menu section under "Instruction on right of revocationbut this is not required. To meet the deadline, its shall be sufficient that you send away the notice on the revocation of this Agreement prior to expiry of the revocation deadline.
3.2 Effects or Revocation
If you have revoked this Agreement we must refund to you all payments that we have received from you including costs of delivery (except those incremental costs that have been caused by your selection of a delivery mode different from the cheapest standard mode offered by us) immediately, however, no later than fourteen (14) days after the date at which we have received your notice on revocation of this Agreement. For such refund, we shall use the same payment mode that you have used for the original subscription and for the initial payment of the License Fee unless we have expressly agreed otherwise with you; in no event, we will change any fees for the refund.
3.3 Forfeiture of Revocation Right
The revocation right shall forfeit for any Agreement regarding the delivery of digital contents not stored on any storage device if we have started with execution of this Agreement after you (i) shall have expressly consented to start of execution prior expiry of the revocation deadline and (ii) you have confirmed to be aware that through your approval at the start of execution of this Agreement you will forego your right of revocation.
4. License Fee, Invoicing
4.1 License Fee
In return for receiving access to the VoD Contents, you are obliged to pay a License Fee which shall be payable in advance.
The License Fee is for a period/term of thirty (30) days. Its amount is displayed in the offers of the individual VoD-Contents.
The License Fee for the VoD Service shall be debited based the payment mode that you have selected. Payment date shall always equal the invoice date which you can always verify through your User Account.
Network costs, particularly any costs for your internet provider shall not be included in the License Fee. You will be responsible for ensuring a proper network and be liable for all costs associated therewith.
4.2 Mode of Payment
Payment will be effected exclusively via PayPal. PayPal offers its customers a variety of payment processing methods which may change from to time.
If a License Fee cannot be withdrawn despite being due and payable, we may suspend your access to the VoD Service until payment has been processed.
5. Further Provisions on the Use of Services
5.1 Personal Requirements for Use
For any legally valid signing of an Agreement with Dogsport-Online you must be of full age according to the laws of your home country, normally minimum of 18 years of age.
5.2 Availability of the VoD Services
The VoD Service is normally available 24/7. We reserve the right to suspend the VoD Service for a short period of time only in case of maintenance works or updates. These will preferably be carried out during 2:00 to 4:00 a.m.
5.3 Limitation of Use
The VoD Service and all its contents that are being watched through the Service are for personal use only and must not be used commercially and be shared with third parties that do not belong to the same household. It is expressly forbidden to use the VoD Service for public presentation.
5.4 Country-Specific Characteristics
You may primarily watch the VoD Contents in the country where you have generated your User Account and generally in countries only where we offer our VoD Service and have licensed their contents.
We reserve the right to offer different contents per country.
5.5 Right to Change VoD Contents
We reserve the right to regularly update our VoD Service and the contents stored in the library. Therefore, certain contents may be removed from time to time.
We further reserve the right to change selected components of our VoD Service, in particular the website, the desktop interface and the promotional function.
5.6 Abuse of VoD Offering
The following actions shall be prohibited:
5.6.1 The reproduction of VoD Contents, its publishing, change, public performance, licensing, the sale, or any other commercial use,
5.6.2 the manipulation of the copy protection of the VoD Service,
5.6.3 the storage of VoD Contents save as permitted from time to time,
5.6.4 remove or change copyright and property right notices of the VoD-Content, and
5.6.5 the electronic editing or other change of the VoD Contents.
In case of any abuse of our VoD offer we may terminate this Agreement for cause with immediate effect. This shall be without prejudice to further legal remedies available to us including, without limitation, compensation for losses.
5.7 Reproduction Quality, Technical Requirements
We do not assume any liability for the reproduction quality of the VoD Contents as this is not part of the VoD Services. You are solely responsible to ensure that suitable hard- and software is available to you which is technically necessary to access the VoD Services respectively the VoD-Contents.
The reproduction quality of the VoD Contents may vary depending the type of End Device and depends on different factors such as the place of your residence, the available bandwidth, or the speed of your internet connection..
5.8 User Analysis
With entering into an Agreement with us you are a giving your approval to us for collecting information how often titles were retrieved to analyze the acceptance of our VoD Offer.
6. Disclaimer
6.1 Subject to clause 6.2 below, our liability towards you for any incident arising from, or in conjunction with, the provision of the VoD Service shall, in case of any violation of a material contractual obligation caused by simple negligence in accordance with these terms and conditions be limited to those losses which were typically predictable. "Material contractual obligation" as used in these terms and conditions shall mean such obligation the compliance with which is essential for due execution of this Agreement, where its violation jeopardizes the purpose of this Agreement and where you as user can reasonably rely on its due performance. Any loss shall be considered being "predictable" which, at the date at which you have accepted these terms and conditions, was typically predictable. We hereby disclaim our liability for violation of non-material contractual obligations caused by simple negligence.
6.2 Our liability for gross negligence or for willful misconduct or for any damage/loss regarding life, physical integrity or health or for fraud is neither disclaimed nor restricted through these terms and conditions.
6.3 As far as our VoD Service contains links to sites, sources, or services of third parties we do not have any control over the content of these sites, sources, or services. The use of all of these sites, sources or services is subject to the terms and conditions and the data protection schemes of these particular services. We do not assume any responsibility for these or for any losses that may be cause by their use.
6.4 Statements or other materials posted through the VoD Service are not designed to enable any reliable assessment for your benefit. Therefore, we do not assume any liability for losses that may be caused by placing confidence in any of these contents by any user of our VoD Service or any third party.
7. Force Majeure
We disclaim any liability for delayed provision or non-provision of our VoD Service as far as such delay or non-provision a due to circumstances beyond our control or the control of the third-party right holder. This applies particularly to failure of electronic or mechanical communication features, third-party intervention, telephone- or other network problems, computer viruses, unauthorised access, theft, operating errors, fire, extreme weather conditions including flooding, acts of God or directives from public authorities, from governmental or supranational authorities, war or unrest.
8. Other Provisions
8.1 Applicable Law
The VoD Agreement concluded through these terms and conditions shall be governed by the laws of the Federal Republic of Germany excluding the UN Convention on Contracts for the International Sale of Goods and the provisions of German Private International Law.
8.2 Contract Language
Contract shall exclusively be German. Any translation serves information purposes only.
8.3 No Dispute Resolution
We do not participate in any alternative dispute resolution schemes with a consumer arbitration panel and are not required to do so.
8.4 Data Protection
We collect and store customer data necessary for processing the business transaction. We adhere to applicable laws when processing personal data. Details are set out in our Data Protection Policy that you can retrieve online. You can also obtain information on your personal data that we have stored.
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