TERMS OF USE

General Terms and Conditions (GTC) Horse & Fruits GbR (translated by Google)

1. Subject Matter and Scope

1.1. The Video on Demand service „The Art of Argument” Stream (hereinafter “VoD Service”) is an offer of Horse & Fruits, Preysingstr. 24, D-81667 Munich
Phone: +49 (0) 89 30783701, mail: office@horseandfruits.com (hereinafter “Horse & Fruits”).

1.2. For any agreement between the customer and Horse & Fruits about the retrieval of contents of the VoD service, the present General Terms and Conditions (hereinafter referred to as “GTC”) apply. Deviating general terms and conditions of the customer do not apply. You will also not be applicable if the Customer submits it to Horse & Fruits or if you refer to it in communication with Horse & Fruits or elsewhere and Horse & Fruits does not object to you.

2. Conclusion of the contract of use

2.1. Horse & Fruits and the customer are entitled to a license agreement for every call and order of a paid VoD service if Horse & Fruits accepts the order or the order. The assumption takes place in each case by the provision of the achievement by Horse & Fruits.

2.2. Horse & Fruits reserves the right to refuse the customer’s offer to conclude a user contract in individual cases in the case of legitimate interest.

3. Scope of services

3.1. After the conclusion of the contract of use, Horse & Fruits will stream the content to the customer. By “streaming” in the sense of these terms and conditions is meant the simultaneous and unaltered use by the customer in the transmission, in which no permanent copy is made on the customer’s device.

3.2. The contents made available to the customer by Horse & Fruits are legally protected, in particular by copyrights and ancillary copyrights. The customer is only granted the non-exclusive, non-transferable, non-sublicensable right to use the content within the contractually stipulated limits (streaming, individual release, temporary, see sections 3.2.1, 3.2.2) for demonstration in the private sector for not commercial purposes, taking into account the other provisions of the contractual relationship.

3.2.1. Temporary use
The following terms of use apply to the acquisition of content for temporary use without prejudice to section 3.2:

3.2.1.1. Pay per view
In the case of a single call-up of a content (pay-per-view), Horse & Fruits grants the customer the right of use to view the content on a terminal (a) in the streaming procedure (see Sub-paragraph a))
a) Streaming (single call / pay per view)
In the case of individual retrieval by streaming, the customer is entitled to retrieve the corresponding content within 72 hours of the conclusion of the contract as often as required for the reproduction of Horse & Fruits servers.

3.3. Streaming is allowed only from the areas for which the movie is released. For details, please refer to the item “Availability” in the corresponding descriptions of the films. A “Geo blocking” software protects the content from access from the unauthorized territories.

3.4. The customer receives no further rights of use. In particular, he is not authorized to edit or modify the content in any way, to make copies of the content outside of the limits of section 3.2, to make the content available to third parties or to make it publicly accessible, to copy content to physical media “burn”) and / or on portable players to copy or transfer.

4. Special duties and obligations of the customer

4.1. The use of the VoD service requires an Internet connection of the customer at any provider. A broadband internet connection (at least 1 Mbits / s) and a flat rate tariff are strongly recommended. Bandwidths below this recommendation allow the use of the VoD service only with significant quality losses. The same applies insofar as individual titles are provided in the VoD services portal of Horse & Fruits for use with higher bandwidths. Depending on the Internet connection used, depending on the provider and the tariff, in particular for time or volume tariffs, the use of the VoD service can result in considerable additional costs for the customer. It is the responsibility of the customer to ensure that his terminal meets the system requirements and to inform himself of any additional costs that may arise.

4.2. The customer may not misuse the VoD service; in particular he is allowed

a) use the digital key transmitted for decrypting and playing the content only for this purpose and not manipulate it.
b) use the retrieved content solely for private viewing for non-commercial purposes.
c) do not publicly present, make publicly available, outside the limits of section 3.2 permanently and / or locally store, send, edit, reproduce, distribute, distribute, publicly reproduce, promote, promote such uses or otherwise do so outside of the contractually agreed terms use it for any purpose.
d) use the retrieved content only in compliance with national and international copyright law within the scope of the granted rights of use and do not duplicate the content.
e) Do not remove or alter copyright and trademark notices for the content. The customer must protect the content from any use by unauthorized persons and other misuse.
f) To demonstrate, demonstrate or otherwise make accessible to children or adolescents content that has been released for the respective age group.

4.3. In the case of a significant breach of duty by the customer as well as substantiated, significant suspicions for a breach of duty, Horse & Fruits is entitled to withhold the respective performance or the availability of the functionality to which the infringement relates by Horse & Fruits blocking them for the customer. The right of Horse & Fruits to terminate for cause remains unaffected.

5. Terms of payment

5.1. The payment of the fees can be made exclusively by the payment service “Paypal”. For this, the customer requires an account with Paypal, which is usually free. The resulting fees for the money transfer are the responsibility of Horse & Fruits. Other payment methods will not be accepted.

5.2. The prices stated on the product pages include VAT and other price components

6. Technical operation

6.1. Horse & Fruits guarantees accessibility of the VoD service of 90% per year. Of these are the times when the VoD service of technical or other problems that Horse & Fruits has not to represent, can not be reached via the Internet. For a correct reproduction for picture, but also for subtitle tracks the rule is to be played correctly player and Browserupdates to carry out. The streaming takes place over and under partner “Vimeo”.

7. Protection of minors

7.1. The offer of horses & fruits does not include adult offers within the meaning of § 4 Abs. 2 Youth Media State Treaty (JMStV).

8. Term and termination of the usage agreements

8.1. The usage agreement for the temporary bridging of content in connection with the payment by View (clause 3.2.1.1) is automatically linked to the expiry of the time-delayed overbooking, without a termination being required. The same gilt for the subscription offer (point 3.2.1.2)

9. Privacy
Horse & Fruits collects no data and no IP tracking on existing offer. Only the data required for payment via PayPal will be saved.

10. Other

10.1. For all legal relations between the United States and Ireland and the United Kingdom excluding the United Nations Convention on the International Sale of Goods.

10.2. Should one or more clauses of these general terms and conditions be wholly or partly unreal, then this shall not be confirmed by the validity of the general terms and conditions.

As of: 05.10.2018