GENERAL TERMS AND CONDITIONS
1 - Scope of application
The following General Terms and Conditions (GTC) apply exclusively to the streaming of films on the TidPix platform tidpix.com including its subdomains, subpages and mobile applications (apps) (hereinafter: VOD platform) in the form valid at the time of conclusion of the contract. Any general terms and conditions of the contractual partner shall not apply to this contractual relationship. Streaming within the meaning of these GTC is the use of a movie without a permanent copy on the customer's end device.
2 - Conclusion of contract
2.1 - Contractual partner
Rushlake Media GmbH hosts the TidPix service for the cooperating cinema. Contracts for the streaming of films on the VOD platform are concluded exclusively between the customer and
Rushlake Media GmbH
Breite Straße 48-50
50667 Cologne
(hereinafter: Provider), even if the contract is concluded on the website (subdomain) of a cooperating cinema. Direct legal relationships with other natural or legal persons are not established. Responsibility for the VOD platform lies exclusively with the provider.
2.2 - Customer account
The films offered on the VOD platform can be viewed without prior registration. In order to use the streaming of films via the VOD platform, prior registration of a customer account is required. When registering, the customer must provide the following data: Name, full address, e-mail address and payment information. Registration will be confirmed to the customer by e-mail. Upon receipt of the confirmation email, a framework agreement on the use of the VOD platform is concluded between the customer and the provider.
2.3 - Order process
The customer can add one or more films to their shopping cart on the VOD platform. By completing the order process, entering the login data and payment information and sending the order by clicking on the “Order with obligation to pay” button, the customer submits a binding offer to conclude a contract of use. The contract is only concluded when the service is provided by the provider, i.e. when the ordered films are activated for streaming.
2.4 - Prices
The prices stated at the time of the order apply. All prices are final prices in EUR.
2.5 - Payment
The customer can choose between different payment methods during the order process. The exact payment process depends on the selected payment method. Discount codes provided to the customer can be redeemed during the order process.
2.6 - Chargeback fees
If the customer chooses the SEPA direct debit payment method, he/she is obliged to participate in the direct debit procedure and to ensure that the billing account has sufficient funds. The customer will be informed of the amount of the direct debit during the order process. If the collection is made from the account of a third party, the customer shall immediately inform the third party account holder of the time and amount of the announced collection. If the direct debit is not honored, the provider is entitled to claim the costs of non-payment (return debit charges), insofar as the customer is responsible for this. The customer is at liberty to prove that no loss has been incurred or that the amount claimed is lower.
3 - Streaming of the films
The ordered films can be viewed on the VOD platform after completion of the order process and activation by the provider. The following system requirements are necessary for streaming:
Windows: x86 or x64 processor with 1.6 GHz or faster (64-bit is only supported for Internet Explorer), 512 MB RAM
Mac: Intel Core Duo processor with 1.83 GHz or faster, 512 MB RAM
iOS: version 12 or higher
Android: version 6 or higher
The following are the recommended Internet download speeds per stream in order to be able to watch films via the VOD platform.
0.5 Mbit/s - Minimum required broadband speed
1.5 Mbit/s - Recommended broadband speed
3.0 Mbit/s - Recommended for standard definition
5.0 Mbit/s - Recommended for HD quality
25 Mbit/s - Recommended for Ultra HD quality
You can reach the speed of 1.5 Mbit/s with any DSL 2000 line, but you should not use it for any other activities such as surfing, checking emails or Facebook while streaming.
4 - Granting of rights
The films offered are protected by copyright and ancillary copyright. For the purpose of streaming, the provider grants the customer the simple limited right of use to view the ordered film in the area specified in the film description in the private area for non-commercial purposes as often as desired within 48 hours via the provider's platform. No further rights of use are granted. In particular, the production of a permanent local copy of a film is not permitted.
5 - Term
The framework agreement on the use of the VOD platform (Section 2.2) may be terminated by either party at any time. A license agreement concluded in accordance with section 2.3 ends automatically at the end of the time-limited license period without the need for termination.
6 - Data protection
The customer can find detailed information on the type, scope, location and purpose of the collection, processing and use of data for the provision of the VOD platform on the provider's website under Privacy Policy.
7 - Amendment of the GTC
The provider reserves the right to amend these GTC at any time with effect for the future. The provider shall inform the customer of any changes to the GTC in writing or by e-mail. In the event of changes to non-essential contractual provisions, the customer shall be deemed to have given their consent if they do not object to the change in writing or by e-mail within 6 weeks of receiving notification of the change. The provider shall expressly inform the customer of the amended GTC and the consequences of failing to object in the notification of amendment.
8 - Online dispute resolution (ODR platform)
The European Commission provides a platform for online dispute resolution at http://ec.europa.eu/consumers/odr/. The customer can use this platform to settle disputes with the provider.
9 - Miscellaneous
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Should any provision of these GTC be invalid, this shall not affect the validity of the remaining provisions.
Status of these GTC: March 2021