Terms of Use

Terms of Use:

General Terms and Conditions [as at: 10 December 2020]

1 Scope of application

1.1 These General Terms and Conditions govern the contractual relationship between CT CultureTotal GmbH, Bahnhofstr. 13, 27374 Visselhövede (hereinafter referred to as “CultureTotal”) and you in relation to the use of the services offered by CultureTotal, in particular via the CultureTotal website as well as CultureTotal apps (hereinafter referred to collectively as ” CultureTotal”) offered and made available (online) services in connection with the making available of content, (collectively referred to as “services”). By accessing and using CultureTotal and the Services, you agree to be bound by these Terms and Conditions.

1.2 An essential component of the Services is the broadcasting of cultural events. The Services include, for example, live streams, as well as on-demand offerings of cultural events, both full-length and highlights, etc. The availability and design of this and other content may vary over time. Details of the content currently covered by the services can be found at CultureTotal.com. The services may be provided free of charge or against payment of a fee. The presentation of the content and the submission of related offers can also – with the appropriate registration (see section 2.1) – take place in personalised form (“personalised services”). You also have the option of sharing hyperlinks to the videos of the events and highlights with your friends directly or via social media networks.

1.3 Certain services offered to you by CultureTotal through CultureTotal.com may be subject to additional or different terms and conditions (“Special Terms”), which CultureTotal will notify you of in a timely manner. These General Terms and Conditions and any Special Terms are hereinafter collectively referred to as the “Terms of Use”. In the event of contradictions between these General Terms and Conditions and any Special Terms and Conditions, the latter shall prevail. Details of the scope of functions and services of individual services can also be found in the corresponding price and service descriptions on CultureTotal.com in the version valid at the time of order.

1.4 To use CultureTotal.com and the services, you must be 18 years or older.

2 Registration

2.1 The use of certain services, e.g. paid services (e.g. pay-per-view, subscription) and personalised services (e.g. watchlist, recommendations), requires registration for a CultureTotal user account. Furthermore, these services can only be provided if you are registered. Registration requires at least the provision of your name, a valid e-mail address and a password of your choice. There is no entitlement to the creation of a CultureTotal user account that entitles you to register (see also below, item 6).

2.2 You are obliged to fill in all the fields provided in the registration form truthfully and correctly. Registration is only possible if the mandatory fields are filled in completely. You can also register using your Facebook or Google login if the corresponding service is activated by Culturetotal.com. CultureTotal does not usually check the accuracy of your details. However, CT CultureTotal GmbH reserves the right to check the correctness of the information in individual cases and, if necessary, to request corresponding proof from you; this applies in particular to orders for paid services. In the event of a change in the data collected, you are obliged to update the registration data in your user account without delay or – if this is not possible – to inform CultureTotal of the changes without delay by e-mail to info@dev.culturetotal.com.

2.3 Multiple registrations are prohibited. You are also obliged to keep your password secret and not to pass it on to third parties.

Should you become aware of facts that suggest that third parties have gained knowledge of your password or are using it, you are obliged to change your password immediately.

2.4 CT CultureTotal GmbH is entitled to block user accounts and exclude you from the use of CultureTotal or the services by way of extraordinary termination without notice in the event of false information within the scope of registration, in the event of password disclosure or in the event of double registration.

2.5 Simultaneous use of the services with one user account on several end devices is not possible, unless otherwise stipulated in the service description of the respective service.

3 Scope of services and restrictions of use

3.1 CT CultureTotal GmbH grants you, the user, a simple, revocable, non-assignable and non-sublicensable right to access CultureTotal.com and the services in accordance with the following provisions, and to use these to the normal extent communicated and permitted in the context of the digital order in each case, as intended and exclusively for private use.

3.2 CultureTotal reserves the right to exclude you from using CultureTotal.com or the Services, in whole or in part, if you breach the obligations assumed hereunder:

3.2.1 You may not modify, disassemble, decompile, reverse engineer, or copy, record or store (except as permitted by us in the Application Feature), redirect, or otherwise distribute any part of CultureTotal.com or the Services to any other person, nor permit or enable any other person to do so.

3.2.2 You may only access the Services through CultureTotal.com or third party platforms on which CultureTotal Services are lawfully included. You are prohibited from using any technology or means other than those provided or permitted by CultureTotal to use the Services.

3.2.3 You may not circumvent, disable or otherwise interfere with any security-related features of CultureTotal.com of the Services or any such features that prevent or restrict the use or copying of CultureTotal.com or the Services.

3.2.4 You may only use CultureTotal.com and the Services for private, non-commercial purposes. Public reproduction or commercial use is prohibited. You may share hyperlinks to the videos of the Events and to Highlights with your friends directly or via social media platforms.

3.2.5 Insofar as CultureTotal implements measures for legal or technical reasons,

to ensure that CultureTotal.com or the Services are only available in certain regions (e.g. geolocation based on the IP address of the internet connection used), you may not circumvent or interfere with them.

3.2.6 You must not use any automated systems, such as, but not limited to, robots, spiders or offline readers, for the purpose of accessing CultureTotal.com or the Services such that more requests are made to the Platform’s servers than a natural person could reasonably produce within the same period of time using a regular standard web browser.

3.3 CultureTotal.com and the Services do not constitute a static offering, but are subject to ongoing development and adaptation. As a result, new functions may be introduced or existing functions removed at any time without CultureTotal having to inform you of this beforehand.

3.4 As a matter of principle, there is no claim to constant availability or a certain quality of the free services offered via CultureTotal.com. CultureTotal may also, at its own discretion, discontinue (temporarily or permanently) individual services or parts of individual services without prior notice to you. In the case of paid services, the latter first requires a cancellation/termination of the respective contract for the service to be provided against payment.

3.5 The services on Culturetotal.com can be offered free of charge as well as against payment.

3.5.1 Services provided free of charge may be financed by advertising. In this respect CultureTotal reserves the right, for example, to display personalised advertising (e.g. advertising clips from advertising partners) for its own offers and offers from third parties before and after the streaming of video content (for further information: see Privacy Policy).

3.5.2 Paid services are marked as such. A separate order is required for the use of paid services. After the conclusion of the respective individual contract for a paid service (cf. clause 6), CultureTotal will provide you with the respective content for a limited period of time, encoded and encrypted for streaming, live streaming. “Streaming” in the sense of these GTC means the simultaneous and unchanged use with the transmission, during which no permanent copy is created on the user’s end device. In the case of “live streaming”, an event is transmitted by way of streaming in real time or near real time (slight time delays are possible).

3.6 Users who use CultureTotal.com with their user account receive special functions, information and offers from CultureTotal that match their individual usage habits, e.g. video recommendations and exclusive special offers based on the user’s viewing habits and thematic interests (personalisation) as well as the personalised CultureTotal newsletter. In addition, usage habits are used to continuously better adapt CultureTotal.com to the needs and interests of users. Further information on which data is used for this purpose can be found in the data protection declaration.

3.7 You are personally responsible in relation to CultureTotal as well as to third parties for the violation of obligations resulting from the contractual relationship established with the acceptance of these General Terms and Conditions, e.g. also if third parties use your user account without authorisation.

4 Use of paid services

The following special conditions apply to the use of paid services for a limited period of time:

4.1 Pay per View

In the case of individual retrieval of content (pay per view), CT CultureTotal GmbH grants you – depending on the service description in the individual case – the temporary right of use to (a) view the content on an end device in streaming and/or (b) view it as a live stream:

4.1.1 Streaming (single retrieval / pay per view)

In the case of single retrieval by way of streaming on demand, you are entitled to retrieve the corresponding content for playback from CultureTotal.com servers as often as you wish within 30 days of conclusion of the contract without storage (apart from temporary caching, if applicable) on a terminal device.

4.1.2 Live streaming (single retrieval / pay per view)

In the case of individual access by way of live streaming, you are entitled to access the booked content after conclusion of the contract by means of real-time transmission from CultureTotal.com servers and to play it back simultaneously on a terminal device. A time-delayed playback or a later retrieval is possible for a limited period of time, provided that CT CultureTotal GmbH subsequently makes the live stream or parts of the live stream available within the scope of the streaming offer for a further period of time (“catch-up period”), which varies depending on the content.

4.2 Subscriptions

If you take out a subscription, you can access the content contained in the respective package by streaming as often as you like during the respective usage period of the subscription. Within the framework of a subscription package described in abstract terms according to the type of content, you have no claim to a specific content, unless CT CultureTotal GmbH has specifically promised you a specific content.

4.3 With the retrieval of pay-per-view content and or with the provision of subscribed content, CultureTotal will begin the execution of the contract before the expiry of the withdrawal period. You agree to this and confirm your knowledge that by this consent you lose your right of withdrawal with the start of the execution of the contract.

4.4 The current overview of prices and services can be viewed at www.CultureTotal.com. CT CultureTotal GmbH reserves the right to modify the portfolio, the respective (e.g. by updating the content), if valid reasons require this, you are not objectively placed in a significantly worse position by the change and the change is reasonable for you. Valid reasons are e.g. changes of services of licensors or contractual partners of CT CultureTotal GmbH, as well as the adaptation of the services to technical innovations.

5 Technical requirements

5.1 In order to be able to use CultureTotal.com and the services, you must have suitable hardware, online technology as well as streaming software (e.g. flash player or smartphone for the use of the apps) and access to electronic services and media, in particular the internet, at your own expense and risk. You must adapt this hardware and online technology to the changing technical standards on the Internet and CultureTotal.com or the Services at your own expense.

5.2 The quality of the Services may vary from computer to computer and device to device and may be subject to various factors, such as your location, available bandwidth and/or the speed of your internet connection. CultureTotal recommends a data transfer rate of at least 20 Mbits/s and a flat rate tariff for the use of the Services. Bandwidths below this recommendation allow the services to be used only with considerable loss of quality. Depending on the Internet connection used, and depending on the provider and tariff, in particular in the case of time or volume tariffs, considerable additional costs may arise when using the service, which must be borne by you.

6 Conclusion of contract and ordering of individual services

6.1 The option to register for a user account and to purchase services requiring registration and payment are not offers, but only invitations to submit an offer. By completing the registration process or by ordering services requiring registration and/or payment, you are making an offer to conclude a contract for the use of the relevant service. Any service descriptions and price quotations are considered to be part of this offer and, if an individual contract for the use of the service in question is concluded, become part of the contract. CT CultureTotal GmbH accepts the offer by providing the respective service or by explicit declaration (e.g. registration confirmation). Only upon acceptance by CT CultureTotal GmbH a contract for the use of the respective service is concluded.

6.2 CT CultureTotal GmbH reserves the right to make the provision or use of chargeable services dependent on you confirming your email address used for ordering the respective service via a confirmation link sent by email.

6.3 CT CultureTotal GmbH also reserves the right to reject your offer to conclude a contract for the use of a chargeable service in individual cases of justified interest (e.g. insufficient proof of age).

6.4 The text of the contract is not stored separately by CT CultureTotal GmbH. The content of the contract results from the details of the order (including the description of services and, if applicable, prices valid at the time of the order), these general terms and conditions as well as, if applicable, special terms and conditions.

7 Protection of minors and age verification

Certain services offered via CultureTotal.com, which are only suitable or released for certain age groups, may be offered with broadcasting time restrictions, blocked or their provision made dependent on proof of age.

You will be informed of the necessity of age verification before completing the registration process or before ordering specific services.

8. newsletter

If you have consented to receive a newsletter with current information about CultureTotal.com or if another legal basis exists, CultureTotal will add the information to the newsletter.

CultureTotal will add the e-mail address on which the user account is based to the newsletter list. There is no entitlement to this service. You can object to the sending of the newsletter at any time by e-mail or by clicking on an unsubscribe link in the newsletter.

9 Copyright/proprietary rights of third parties/responsibility

The platform and services made available to you as a user are protected by copyright or other laws. As a user, you hereby expressly acknowledge the rights protected under copyright law and/or other rights (e.g. trademark rights) of CT CultureTotal GmbH and third parties and undertake not to infringe them.

10 Prices and terms of payment

10.1 The prices for paid services at CultureTotal.com are shown in the context of the respective order processes or in the description of prices and services. All prices include the applicable statutory value-added tax.

10.2 The fee for chargeable services is due immediately upon provision of the service. In the case of subscriptions, payments are due monthly at the beginning of each billing month. The first billing month begins on the day of conclusion of the contract and ends on the day before the same day of the following calendar month.

day of the following calendar month.

10.3 Payments can be made by any of the payment methods specified during the order process and accepted by CultureTotal. By agreeing to direct debit, you authorise CT CultureTotal GmbH to collect any fees incurred via the account specified by you. If you choose an external payment system provider, the terms and conditions of the respective payment system provider apply exclusively to the payment processing.

10.4 In the event of default of payment, the statutory provisions shall apply. In the event of default, CultureTotal has the right to exclude you from further use of CultureTotal.com. Such a block does not release you from the obligation to pay the accrued fees. Even in the case of blocking due to significant breaches of duty, in particular against clause 3, or in the case of a lack of proof of age for which you are responsible, there is no right to claim damages.

proof of age in accordance with clause 7, the obligation to pay and the assertion of further claims due to default in payment shall continue to exist.

11 Exclusion of warranty

11.1 CT CultureTotal GmbH endeavours to achieve a high degree of availability and reliability. However, due to technical malfunctions, maintenance work, unusually high usage by users or other influences, system failures may occur which affect the availability of the platform and the services. CT CultureTotal GmbH takes reasonable efforts and care to ensure that the services are available to you at all times. Furthermore, CT CultureTotal GmbH does not warrant the availability and performance of the Platform and the Services and excludes – to the extent permitted by law and subject to clause 14 – any statutory warranties.

11.2 CT CultureTotal GmbH endeavours, but is not legally obliged, to provide you with the best possible experience by designing the platform or services in a way that is deemed to be good in each case. All information and representations provided on the platform are of a purely informational nature. CT CultureTotal GmbH endeavours to ensure the accuracy of the information but does not guarantee it. CT CultureTotal GmbH also does not guarantee that CultureTotal.com or the services meet your or other users’ requirements and are available at all times without interruption, in a timely manner, securely and without errors, and that any errors of CultureTotal.com or the services and/or the hardware or software used for this purpose will be remedied.

11.3 CultureTotal.com is also not obliged and excludes any warranty that certain cultural events (e.g. certain concerts) or highlights from certain festivals will be available within the scope of the Services at all, at a certain time or without interruptions. Please check the platform for the events covered by the Services, the availability of the Services in terms of time (e.g. start of a live stream or duration of on-demand offers) and the possible cancellation of an event (e.g. due to force majeure).

12 Term and termination of the contract

12.1 You may terminate the contract concerning your user account at any time without notice. Notwithstanding the foregoing, user accounts with ongoing contracts for services against payment (subscriptions) may only be terminated after/with the termination of the respective user contracts. The termination can be made in writing, also by e-mail, stating the user name (e-mail address used).

12.2 Contracts for chargeable services in the form of pay per view or live streaming shall end automatically upon expiry of the time-limited provision or end of the live stream without the need for termination. Contracts for chargeable services in the form of subscriptions shall have the term and renewal term specified in the respective service description, unless they are terminated before the end of the minimum term or a renewal term.

12.3 The right of both parties to terminate for good cause remains unaffected. An important reason for CT CultureTotal GmbH exists in particular if you violate the provisions of these General Terms and Conditions, the relevant Special Terms and Conditions, legal regulations or the rights of third parties and do not remedy these violations despite prior warning and setting of a deadline as well as blocking of your user account, if applicable.

13 Cancellation policy

If you are a consumer and conclude a contract for services for which a fee is charged, the following applies:

13.1 Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract. In order to exercise your right of withdrawal, you must inform us (CT CultureTotal GmbH, Bahnhofstr. 13, 27374 Visselhövede, Tel.: 04262-8779100, e-mail: info@dev.culturetotal.com) by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract.

13.2 Consequences of revocation

If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay 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 for this repayment.

13.3 Expiry of the right of withdrawal

In the case of a contract for the delivery of digital content not on a physical data carrier, your right of revocation shall expire before the expiry of the revocation period specified in section 13.1 if CT CultureTotal GmbH has commenced performance of the contract, provided that you have expressly consented to our commencing performance of the contract before the expiry of the revocation period and you have confirmed your knowledge of this fact that you lose your right of revocation through your consent with the start of the execution of the contract.

14 Limitation of liability

14.1 CT CultureTotal GmbH shall be liable without limitation in case of intent or gross negligence as well as in case of absence of a guaranteed characteristic for all damages resulting therefrom. In case of slight negligence CT CultureTotal GmbH is liable without limitation in case of injury to life, body or health. If CT CultureTotal GmbH is in delay with its performance due to slight negligence, if CT CultureTotal GmbH’s performance has become impossible or if CT CultureTotal GmbH has violated an essential contractual obligation, CT CultureTotal GmbH’s liability for material and financial damages resulting therefrom is limited to the foreseeable damage typical for the contract.

An essential contractual obligation in this sense is an obligation the fulfilment of which makes the proper execution of the contract possible in the first place, the breach of which endangers the achievement of the purpose of the contract and the observance of which you may regularly rely on. For all other damages, the liability of CT CultureTotal GmbH is excluded.

14.2 The liability according to the product liability law remains unaffected.

14.3 The aforementioned limitations of liability also apply to companies affiliated with CT CultureTotal GmbH as well as to a personal liability of employees, representatives, partners and vicarious agents of CT CultureTotal GmbH and/or of companies affiliated with CT CultureTotal GmbH, if you assert claims directly against them.

15 Force majeure

Neither CT CultureTotal GmbH nor any third party rights holder shall be liable for the delayed performance, partial performance or non-performance of the services to the extent that such delay or non-performance is beyond the control of CT CultureTotal GmbH (e.g. concert cancellations) or the third party rights holder, including but not limited to failure of electronic or mechanical facilities or

communications, computer viruses, extreme weather conditions, acts of nature, governmental orders, pandemics, war or civil commotion.

16. changes of these terms of use

CT CultureTotal GmbH will amend these General Terms of Use from time to time. Your continued use of CultureTotal.com and the Services after the date on which the terms have changed constitutes your acceptance of those changes. In addition, if you use CultureTotal.com and Services as a registered user, CultureTotal.com will provide you with the opportunity to opt out of the amended Terms of Use within six weeks of notification.

Terms of Use within six weeks of notification of the changes. Otherwise, you will be deemed to have agreed to the amended Terms of Use. Should you object to a change in the terms of use, CT CultureTotal GmbH reserves the right to terminate the contract with you. You will be informed about this possible consequence of an objection within the scope of the

change notice.

17. final provisions

17.1 The contractual relationship between CultureTotal and you is exclusively governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the country in which you have your habitual residence remain unaffected.

17.2 CT CultureTotal GmbH is entitled to transfer all rights and obligations from these terms of use as well as the contractual relationship with you as a whole to a company affiliated with CT CultureTotal GmbH or to another third party. In this case, CT CultureTotal GmbH will inform you at least four weeks in advance so that you can terminate any contracts (subscriptions) that are still running or have already been extended before the transfer is carried out within the agreed minimum term.

17.3 Should individual provisions of this agreement be invalid or unenforceable or become so at a later date, this shall not affect the validity of the remaining agreement. In this case, the contracting parties undertake already now to agree on a replacement of the provision which comes closest to the economic purpose of the invalid or unenforceable provision. The same applies to a loophole in the contract.

17.4 The European Commission provides a platform for the online settlement of disputes at the Internet address http://ec.europa.eu/consumers/odr.

available. However, CultureTotal is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.