§ 1 General Provisions
(1) The present General Terms and Conditions shall govern the contractual relation between the customer and Berlin Phil Media GmbH with regard to concert streaming of the Berliner Philharmoniker offered by Berlin Phil Media GmbH at www.digitalconcerthall.com.
(2) In order to use the services set forth under 1.1., the customer must have Internet access. The Internet access to the service shall not be subject of the agreement between the customer and Berlin Phil Media GmbH. With regard to the Internet access, the conditions agreed between the customer and his respective Internet access provider shall apply. The concerts shall be broadcast in the recent Flash H264 standard. There are three different broadcast modes to choose from:
- low bandwidth for ordinary DSL connections (e.g., 1 Mbit/s)
- medium bandwidth for medium DSL connections (e.g., 3 Mbit/s)
- high bandwidth for high-capacity DSL and VDSL connections (from 6 Mbit/s)
(3) The use of Berlin Phil Media GmbH’s services shall exclusively be governed by the present General Terms and Conditions, differing general terms and conditions of the customer shall not apply. They shall not even apply if Berlin Phil Media GmbH does not object to them. Should Berlin Phil Media GmbH intend to change these General Terms and Conditions, it shall notify the customer in writing or by e-mail thereof. If the customer does not object to the changes within six weeks after receipt of the notification, such changes shall be deemed approved. In such notification of intended changes, Berlin Phil Media GmbH shall draw the customer’s attention in particular to the consequences it has if no objection is made. If the customer objects to the changes, the agreement shall be continued at the present conditions. The contractual parties’ right to terminate the agreement shall remain unaffected thereof.
§ 2 Registration
(1) In order to use the services of Berlin Phil Media GmbH, the customer must register himself by providing his first name, last name and e-mail address in the respective mask. Only persons of full age shall be entitled to register.
(2) The registration shall be made at www.digitalconcerthall.com. After sending the registration form, the customer shall receive an e-mail from Berlin Phil Media GmbH requesting the customer to confirm the registration. After the customer’s confirmation of the registration e-mail the registration process is completed. Berlin Phil Media GmbH reserves the right to refuse the registration of individuals at its discretion.
(3) After the orderly registration is completed, Berlin Phil Media GmbH shall activate the customer’s account.
§ 3 Technical Requirements
(1) It is incumbent upon the customer to ensure that his terminal and internet access meets the system requirements for using the services. A minimum requirement is the Internet access with any Internet provider. We explicitly recommend to use a broadband connection as the services may otherwise only be used with a considerable loss in quality. According to the Internet access used and depending on the provider and the tariff, in particular if time-based or volume tariffs apply, the customer may incur considerable additional costs with his Internet provider when using the services of Berlin Phil Media GmbH.
(2) Berlin Phil Media GmbH shall not give any warranties or assume any liability for any service malfunctions which are ascribable to the system requirements not being met in whole or in part.
§ 4 Services of Berlin Phil Media GmbH
(1.1)
Berlin Phil Media offers two methods of accessing the concert service of the Berliner Philharmoniker:
(1.2)
With a ticket, the customer will receive access to all live broadcasts and archive records of the subscription concerts, and, where appropriate, of special concerts of the Berliner Philharmoniker for a period of 48 hours, 30 days or 12 months. Concerts which are not announced in the Digital Concert Hall and in the publications of Berlin Phil Media GmbH are excepted. The validity of the ticket begins not with the purchase, but from accessing the first concert, up to 365 days after the date of purchase.
(1.3)
With a subscription, the customer will receive access to all live broadcasts and archive records of the subscription concerts, and, where appropriate, of special concerts of the Berliner Philharmoniker. Concerts which are not announced in the Digital Concert Hall and in the publications of Berlin Phil Media GmbH are excepted. The subscription is paid monthly in advance. The validity of the ticket begins with the purchase and ends one month after the last monthly payment is made. The subscription can be cancelled by the customer at any time. Monthly payments which have already been paid cannot be refunded.
Berlin Phil Media GmbH offers a „Gift Certificate“ with a voucher code for all tickets. The validity of the voucher codes is limited to three years.
(2) Berlin Phil Media GmbH shall eliminate any technical malfunctions without delay within the scope of technical possibilities. Should a service malfunction result in the customer not being able to use the video stream according to agreement or should the usage be considerably affected, Berlin Phil Media GmbH offers the following compensation:
(2.1) Should live broadcasts not be possible for technical reasons, Berlin Phil Media GmbH shall provide the customer with the possibility to view the concerts at a later point of time via Video-on-Demand stream.
(2.2) Should the recording of the respective concert have failed altogether, the holder of a 48-Hour Ticket may at his choice either request to be reimbursed for the amount paid by him or request to be granted access to the next available live stream of a concert of the Berliner Philharmoniker. Holders of a 30-Day or 12-Month-Ticket may request a prolongation of their access to the Digital Concert Hall by 7 days.
(2.3) In the event of a malfunctioning of the Video-on-Demand streaming service, Berlin Phil Media GmbH shall provide the customer with the possibility to use the stream at a later point of time.
The right to withdraw from the agreement or to a reduction in price if the substitute performances fail, shall remain unaffected.
(3) The provisions in 4.2. shall also apply in the event that a broadcast of the concert is not possible due to the artists involved not granting their approval to do so.
§ 5 Duties of the Customer
(1) The customer shall undertake to provide the data requested during the registration process truthfully.
(2) The customer shall inform Berlin Phil Media GmbH without delay of any changes of the data provided during registration.
(3) The customer shall be obliged to keep his password, his user name as well as any data which render unauthorized access via his account possible confidential and to change them without delay, or have them changed without delay by Berlin Phil Media GmbH, should he suspect unauthorized third parties have gained knowledge thereof.
(4) The customer may not use the services of Berlin Phil Media GmbH improperly, he shall in particular
- make no recordings of the concerts, not even in excerpts;
- use the downloaded stream only for showing it in the private domain for non-commercial purposes and he shall not publicly show, broadcast or otherwise circulate it;
- not reproduce the downloaded stream.
(5) The customer shall be liable for any damage incurred due to a breach of the obligations set forth in paras. 5.1. to 5.4. and he shall indemnify Berlin Phil Media GmbH against any third-party claims in this regard. This shall not apply if the customer is not responsible for such breach. It shall be incumbent on the customer to furnish proof that he is not responsible for the breach.
(6) Should there be considerable breaches of the obligations set forth in paras. 5.1. to 5.4., Berlin Phil Media GmbH shall be entitled to block the customer’s access. The customer shall be informed thereof by e-mail. Such blocking shall continue to be in force until the violation is eliminated.
§ 6 Payment and Delay in Payment
(1) The consideration to be paid by the customer shall comply with the special conditions agreed by the parties upon conclusion of the agreement.
(2) Should the customer delay in payment, Berlin Phil Media GmbH shall be entitled to assert default interest of 5 percentage points above the base rate.
§ 7 Term and Termination
(1)The contractual relation shall be established with binding force for at least such period as stated in the respective product specification.
(2) The right to extraordinarily terminate the agreement for important cause shall remain unaffected thereby.
§ 8 Final Provisions
(1) German law shall apply.
(2) To the extent legally permitted, jurisdiction for all disputes between the parties shall be Berlin.
(3) Any changes or amendments to these General Terms and Conditions shall require written form.
(4) Should any provision of these General Terms and Conditions be invalid or become invalid, this shall not affect the General Terms and Conditions as a whole.