On this page you will find the general terms of use for end customers of the HARD:ON:LINE FILM FESTIVAL.
1. subject matter of the contract and definitions
1.1 Offstream Cinema e.V., represented by Florian Scheuerer, Andreasstraße 28, 93059 Regensburg (hereinafter referred to as the "Provider") organises the HARD:ON:LINE FILM FESTIVAL (hereinafter referred to as the "Festival") and offers end customers a video on demand service (hereinafter referred to as the "VoD Service"), which enables the use of selected films and other audiovisual content (hereinafter referred to as the "Content") by way of video on demand against payment of a fee or free of charge.
The VoD service is available on the provider's website as an embedded player ("Embed Player").
The contractual partner of the end customer is the provider. The processing is carried out by PANTAFLIX Technologies GmbH ("PANTAFLIX"), Neue Schönhauser Straße 16, 10178 Berlin, Amtsgericht Charlottenburg, HRB 172999 B, in the name and for the account of the provider.
1.2 Definitions
"Video on Demand" or "VoD" means the exploitation of the content by way 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 way of on-demand.
"Streaming" means the simultaneous use of the content by the end user, unchanged with the transmission, without a permanent copy of the content being made on the end user's terminal equipment.
"Consumer" means any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
"End customers" within the meaning of these Terms of Use are Accredited Guests and fully contractually capable consumers.
"Accredited Guests" are industry guests of the Festival, including its platforms and sections, who have received accreditation from the Provider.
1.3 Ticket categories
"Single Call" means the entitlement for a limited period of time to use a Content by VoD by the End Customer by way of streaming for a one-off fee per Content in accordance with the provisions of these Terms of Use.
"Accredited Guests": The scope of the authorisation to use the content or other offers made available by the provider are described in the accreditation. Accredited guests must authenticate themselves with the provider.
2. scope of the terms of use
2.1 These Terms of Use apply to all paid and free services offered by the Provider within the scope of the VoD service and services provided to end customers.
2.2 Deviating or supplementary terms and conditions of the end customer shall not apply unless they have been accepted by the Provider in writing.
3 Conclusion of contract
3.1 For the conclusion of a contract on the use of the content provided within the scope of the VoD service between the Provider and an end customer (hereinafter referred to as "contract of use"), the complete and correct entry of requested data via the input mask provided by the Provider for this purpose and the performance of any required age verification procedure by the end customer is required (insofar as age verification is required, the end customer's offer to conclude a contract of use is subject to the successful performance of the age verification procedure). By clicking the button "Order subject to payment", the end customer's order is transmitted to the provider. The contract of use is then concluded by the activation of the respective content by the provider. The activation and the conclusion of the usage contract shall be confirmed to the end customer by e-mail. There is no entitlement to use the VoD service.
3.2 Offers by the end customer to conclude a contract of use are binding on the end customer. The Provider is not obliged to accept the offer of an end customer to conclude a framework agreement or a contract of use.
3.3 The respective service descriptions including the price details are listed in the respective offer and are part of the respective contract of use.
3.4 The data of the end customer and the text of the contract provided in connection with the conclusion of a contract of use shall not be stored. The text of the contract shall be sent to the end customer by e-mail after the conclusion of the contract of use.
3.5 The end customer can continuously correct his entries via the keyboard and mouse functions within the framework of the conclusion of the licence agreement. In addition, when entering his data, the end customer shall be provided with technical means with which a customary completeness and plausibility check is carried out and with the help of which input errors can be detected and corrected.
3.6 The right of use granted to the End Customer who has purchased the ticket category "Individual Retrieval" as well as Accredited Guests is geographically limited to the territory of the Federal Republic of Germany. The right of use is limited to the respective current location of the end customer, whereby the cross-border portability of online content services in the European internal market is guaranteed in the event of temporary stays of the end customer in another Member State of the European Union.
The preservation of the territorial limitation of the use of the provided content 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 of the respective end customer in accordance with the Regulation on the cross-border portability of online content services in the internal market or to carry out the measures required for this purpose, if applicable.
4. scope of services, contract period, ticket purchase, granting of rights
4.1 Once a usage contract has been concluded, the provider shall make the respective content available to the end customer for retrieval - depending on the type and content of the usage contract - by way of individual retrieval or within the framework of accreditation 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 with which he/she can access the content or the contents.
4.2 In the event of the conclusion of a usage agreement which entitles the End Customer to individual access or as an Accredited Guest, the End Customer may use the Content as follows:
4.2.1 The end customer may play the content for the purpose of immediate perception via the VoD service, i.e. - with the exception of so-called buffering - without intermediate storage by way of streaming on the end device of the respective end customer during the usage period.
4.2.2 After the initial start of a playback process, the end customer may replay the respective content as often as desired within its usage period (max. 48 hours).
4.2.3 After expiry of one of the periods listed above under 4.2.1 and 4.2.2, replay of the content is no longer possible.
4.2.4 The end customer has no claim to a specific content unless a specific content has been expressly promised to him in the service description. The Provider reserves the right to change the content and the respective price and service description (e.g. by updating and changing the content) if this becomes necessary for valid reasons, the customer is not objectively placed in a significantly worse position by the change and the change is reasonable for the customer.
4.2.5 The End Customer shall only be granted the non-exclusive, non-transferable, non-sublicensable right, limited in time to the periods specified in 4.2.1 and 4.2.2, to make the Content perceptible for (a) its own commercial purposes, provided the End Customer is an Accredited Guest, or (b) for private purposes. Further rights of use are not granted to the end customer. 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 can use the presented services of the VoD service on up to three (3) registered end devices. Accredited guests may use slightly more registered end devices for reasons of goodwill. One stream per end customer is available at the same time.
4.4 Ticket purchase, period of use
4.4.1 The purchase of a ticket of the ticket category "single retrieval" is possible from 11.04.2022, 00:00 hrs until 15 minutes before the end of the respective period of use.
4.4.2 From 14.04.2022, 00:00 hrs, the various contents can be played in a staggered manner. Each content is only available on two specific days ("usage period"). After its respective usage period, the content can no longer be played. No content will be available from 00:00 on 24.04.2022. Purchased tickets are only valid during the usage period of the respective content. Tickets that have not been redeemed or content that has not been played expire without entitlement to a refund or credit at the end of the respective usage period.
5. system requirements of the end customer
5.1 To use the VoD service, the end customer requires an internet connection and an internet-capable end device (e.g. PC, Mac, smartphone, tablet). The end customer is responsible for the procurement, use and compatibility of the required hardware and software.
5.2 It is the responsibility of the end customer to ensure that his end device meets the technical system requirements, in particular for the high-resolution display and streaming of content, if applicable. The display quality of the content may differ from end device to end device and depend on various hardware and software factors such as the up-to-dateness of the operating system and the browser, the location, the available bandwidth and/or the speed of the end customer's internet connection. The authorised end devices can be viewed here: https://www.hardline-filmfestival.com/hardonline2022-faq/
5.3 The use of the VoD service leads to further costs for the end customer, especially with time or volume tariffs. Against this background, the provider recommends a so-called flat tariff. For the reception of content in standard resolution (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 Mbps. Bandwidths below this recommendation only allow limited use of the VoD service with considerable loss of quality.
6. obligations of the end customer
6.1 The End Customer warrants that all information provided to the Provider is always truthful.
6.2 If the end customer does not provide the information required and requested by the Provider to determine the Member State of residence in accordance with the Regulation on cross-border portability of online content services in the internal market, or does not provide such information completely or truthfully, or if the end customer 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 on a cross-border basis within the meaning of the aforementioned Regulation. For the avoidance of doubt, this shall be without prejudice to any rights granted to the end-user on the basis of the concluded contracts of use to use the content in countries other than the end-user's Member State of residence.
6.3 The end customer may not misuse the VoD service; in particular, he may not
a) not rent, resell or otherwise offer the services of the Provider to third parties on a businesslike basis;
b) pass on the Ticket ID received to third parties or otherwise make it available;
c) not manipulate the digital key transmitted for decrypting and playing the content;
d) not circumvent the territorial limitation of use (in particular by geo-blocking) of the content made available (e.g. circumvention by means of a VPN client or tunnel);
e) not modify copyright and proprietary notices;
f) use the retrieved contents only in compliance with the applicable laws and within the scope of the rights granted under the respective user agreement and these Terms of Use, i.e. in particular not to (i) use the contents for commercial purposes (does not apply to Accredited Guests), (ii) present them in public, (iii) make them publicly accessible, (iv) broadcast them, (v) edit them, (vi) reproduce them (beyond the permitted extent), (vii) distribute them, (viii) sell them;
(g) show, allow to be shown or otherwise make available to children or young persons only such content that is approved for the respective age group.
6.4 In the event of culpable violations 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 claims and third party claims arising as a result thereof.
7. limitations of 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) as well as in the event of justified significant suspicions of a significant breach of duty, the provider is entitled to withhold the respective service or the availability of the functionality to which the breach relates within the scope of the statutory provisions. In the aforementioned cases, as well as in particular in the event of suspicion of untrue or false information by the end customer, in the event of unauthorised disclosure of access data or in the event of default of payment, the provider is furthermore entitled to temporarily block access to the service by the end customer.
7.2 The Provider shall immediately resume the service or lift the blocking if it turns out that the suspicions were unfounded and/or a significant breach of duty by the Customer does not exist or no longer exists. In doing so, the provider shall ensure that the customer can use the agreed service in accordance with the agreement in the usage contract. The right of the provider to terminate for good cause remains unaffected.
8. user fee/ terms of payment
8.1 The end customer undertakes to pay the stated usage fee for the respective offer for the content and the respective type of usage. The stated usage fee is the total price and includes the applicable statutory value added tax. The usage fee shall become 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 usage fees can only be made by these approved means of payment.
8.3 The obligation to pay the usage fee shall also apply if third parties use content via the end customer's access and the end customer is responsible for this use.
9. technical availability
The Provider shall endeavour to ensure the permanent and continuous availability and fault-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, provided that the security of network operation, the maintenance of network integrity, in particular the avoidance of serious disruptions of the network, the software or stored data, the interoperability of the services or data protection require this. The Provider shall carry out maintenance work on the VoD service where necessary, such maintenance work to be carried out at times of low usage. If maintenance work is planned, the provider will inform about it and announce it by means of suitable measures.
10. right of withdrawal for consumers and withdrawal form
Consumers are entitled to the following right of cancellation in accordance with the cancellation policy.
10.1 Cancellation policy
You have the right to withdraw from this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day of the conclusion of the contract.
In order to exercise your right of revocation, you must inform us, OFFSTREAM CINEMA E.V., Andreasstraße 28, 93059 Regensburg, e-mail: info[at]hardline[minus]filmfestival[dot]com by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to revoke this contract.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
10.2 Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you immediately and at the latest within fourteen days of the day on which we received notification of your withdrawal 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; in no case will you be charged any fees because of this repayment.
10.3 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 on a physical data carrier if you have expressly consented to us commencing performance of the contract before the expiry of the withdrawal period and you have confirmed your knowledge that by consenting you lose your right of withdrawal upon commencement of performance of the contract or if we have performed the service in full.
11. protection of minors
11.1 The VoD service is 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 programmes, 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 for any legal reason:
a) in case of 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, insofar as nothing else is regulated in this respect,
d) on the basis of 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. Material 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 fulfilment of which makes the proper performance of the contract possible in the first place and compliance with which the rights holder may regularly rely on.
12.3 In all other respects, liability on the part of the Provider is excluded. The above liability provisions shall 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 of termination for good cause remains unaffected. For the Provider, good cause shall be deemed to exist in particular if the End Customer violates Clause 6.3 or Clause 6.4 of these Terms of Use or if the End Customer violates provisions of these Terms of Use, rights of third parties or statutory provisions and does not remedy his violations despite a warning with a deadline set by the Provider.
14. contract language
The following language is available for the conclusion of the contract and in the event of disputes about the interpretation of regulations: German.
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 reorganisation of the overall structure of the contractual relationship. The weighty provisions include in particular the provisions by which the type and scope of the contractually agreed services, the term and the termination are determined.
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 performance of the contractual relationship due to regulatory gaps 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.
15.3 The End Customer shall be notified of the amendments to the Terms of Use. If the end customer does not object to the validity of the new Terms of Use within two days after receipt of the e-mail, the amended Terms of Use shall be deemed accepted. The Provider shall separately inform the end customer in the e-mail of the possibility of objection and its consequences as well as the significance of the deadline. If the end customer objects to the change in the terms of use, the provider reserves the right to terminate the contract with the end customer.
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 shall not participate in any dispute resolution proceedings before a consumer arbitration board within the meaning of the VSBG and is not obliged to do so. Our e-mail address is: info[at]hardline[minus]filmfestival[dot]com.
17. final provision
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 is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
17.2 Place of performance is Regensburg. The place of jurisdiction for commercial customers shall be Regensburg. In the case of cross-border contracts, Regensburg, Federal Republic of Germany, is agreed as the exclusive place of jurisdiction (Art.17 EuGVVO).
17.3 Amendments to a contract of use must be made in writing. There shall be no oral or written collateral agreements. § Section 126 (3) BGB shall apply.
17.4 Should individual provisions of these Terms of Use be or become void or ineffective in whole or in part, this shall not affect the validity of the remaining provisions.
