Terms and Conditions
KDV Klassik Digital Vertriebs-GmbH with its head office in 1136 Vienna, Austria about internet platform "myfidelio" (www.myfidelio.at)
1. General Information
1.1. The services offered on the internet platform "www.myfidelio.at" (hereinafter referred to as "myfidelio-Platform") as well as the myfidelio-Software Applications (hereinafter referred to as "myfidelio-Apps") are an audiovisual classic platform (hereinafter referred to as "Fidelio-Services").
KDV Klassik Digital Vertriebs-GmbH, Würzburggase 30, 1136 Vienna, Austria is the contractual partner as well as the responsible entity recorded in the Commercial Register of the Republic of Austria under FN 455542 s, VAT registration number ATU71202389 (hereinafter referred to as "KDV".)
1.2 The following terms and conditions (hereinafter referred to as "TCs") apply to all legal transactions between KDV and consumers (Art. 6 VO (EG) No. 593/2008 = Rom I VO). myfidelio-Services are exclusively available for consumers in Germany, Austria and Switzerland (hereinafter referred to as "consumer"). Consumer refers to any [...] physical person who concludes a legal transaction for a purpose [...] that cannot be ascribed to his commercial or independent professional activity.
1.3. "Content" includes all media such as films, videos, documentaries, video clips, clips, music, sounds, texts, photos, pictures, images, drawings etc., which are provided to the consumer by myfidelio-Services.
2 Conclusion of contract and subject terms of contract
2.1. The use of myfidelio-Services is subject to charge and requires registration as described in clause 7 of these TCs as well as a paid subscription (hereinafter referred to "subscription"). If KDV grants a test period free of charge, these TCs apply in this test period as well. The conditions for the test period can be found on the respective product pages. Each user is entitled to one test period.
2.2. The offer on the myfidelio-platform is binding for the conclusion of a contract for a subscription. The contract takes effect after you klick on "Buy" and by doing so, you accept the chosen subscription which is offered. Immediately after the order was sent you will receive another confirmation via email.
2.3 KDV saves the text of the contract. You will receive the order information as well as the TCs via email. A record of your past orders is available in the customer login area. You can find, print and save the TCs at www.myfidelio.at.
2.4. Any information required for registration must be complete and correct and current at any given time. Changes in data required for the fulfillment of the contract (specifically for example your email address) must be communicated immediately. KDV has the right to make the use of myfidelio-Services conditional to an appropriate proof of identification.
2.5. During registration, the user chooses a user name and password. The chosen password must be kept secret, has to be changed periodically and cannot be accessible to third parties. The user account may only be used by the respective registered user. Any unauthorized use of any user account for example byunauthorized third parties as well as any suspicion of that nature has to be communicated to KDV immediately after the user acquires such information.
2.6. The use of myfidelio-Services can be restricted to a certain geographic region which can be found in the respective description of the content. KDV has the right to ensure and control the geographic restriction through appropriate technical measures and inspections.
2.7. KDV has the right to permanently or temporarily change or end/turn off the content catalogue, the price and performance specifications, functions and playback/retrieval/streaming techniques, should it be necessary and reasonable and the user is not subject to any considerable disadvantage due to the changes. Necessary reasons could be for example stipulations on the part of KDV‘s licensor or technical adjustments. Therefore, KDV is not obligated to provide certain contents. KDV cannot be held liable for interruptions, changes or the termination of myfidelio-Services or any of its functions. KDV is not obligated to develop the service any further, by way of upgrades or updates– or offer content in general or certain contents through the service. KDV is under no operating obligation. In any case, the claim of the user is limited to the compensation for possible fees rendered in advance.
3. Contract Term and Termination
3.1. Each subscription has a minimum term according to the contract made with the user. The subscription extends automatically for another minimum term, however for a maximum of an additional 12 months, unless it is terminated within two weeks before the end of the minimum term or the end of the respective extension period. KDV is obligated to specifically inform the user about the possibility to terminate the contract and the extension of the contract in a timely fashion, e.g. before commencement of the notice period.
3.2. Both parties reserve the right of termination for important reasons, specifically if the behavior of one party causes the continuation of the contract to be unacceptable. KDV specifically considers the following reasons to be important:
- Payment default on the part of the user of at least 14 days despite reminders and extension of deadline;
- Abusive conduct on the part of the user, for example
- Commercial use of the account by the user;
- Transfer of his/her login data to his/her myfidelio-Account;
- Grossly improper behavior towards other users, specifically netiquette violations;
- Colluding with other users in to influence processes for their own, or the other party’s benefit, to the disadvantage of KDV or their contractual partners (specifically licensors);
- Commercial use of the account by
- Use of third party software for example scripts, as long as it was not intended and approved by KDV and leads to a disadvantage for KDV or their contract partners. (specifically licensors);
- Spreading of spamming and other mass emails;
- Unauthorized user intervention, specifically unauthorized manipulation and interferences or damages for example due to malware or hacking into the system or bypassing security measure/techniques which are meant to prevent unauthorized access of third parties to - and manipulation of- the system.
- Undertaking of any other changes to the platform if it is not intended in the platform features and the intended specific use and the changes are to the detriment of KDV and their contract partner (specifically licensors).
4. Consumer Power of Revocation / Power of Revocation
Power of revocation
You have the right to withdraw from this contract within fourteen days without specification of reasons. Revocation is valid within fourteen days of the conclusion of the contract.
In order to make use of your right of revocation you must inform us (KDV Klassik Digital Vertriebs-GmbH, Würzburggase 30, 1136 Vienna, email: firstname.lastname@example.org) by way of a clear explanation of your decision to withdraw from this contract (for example a letter sent via mail, fax or email).
You may use the attached sample-revocation-form (available on www.myfidelio.at), however this is not a requirement.
In order to keep the revocation deadline, it is sufficient to mail out the message informing us about your intent to withdraw from the contract before the revocation deadline expires.
Consequences in case of revocation
Should you withdraw from this contract, we are obligated to pay back all payments we received from you, including shipping costs (except for additional costs occurred due to the fact that you chose a different delivery method other than standard delivery which was offered by us) immediately and no later than fourteen days from the day we received your notification of withdrawal. We are going to use the same payment method for this payment as you chose for the initial transaction unless otherwise expressedly agreed upon. No charges will occur for you for this transaction. If you demanded that the services start during the revocation period, you are obligated to appropriately compensate us proportionally for the services rendered up until the point you informed us about your intent to withdraw from the contract. The compensation will be based on the services rendered in comparison to the overall scope of the services intended in the contract.
5. Rights of use
5.1. The contents provided by KDV are legally protected, specifically by copyright and ancillary copyright. The user only has a right of use after conclusion of the contract of use which is valid for the contractual term and is non-exclusive, must be paid for, is non transferrable, is non-licensable and is restricted to the geographic area (territory/area) for which the content is available. The content within the contractual boundaries can be accessed on up to three devices (PCs, cell phones, tablets, TV/mediaplayers or comparable devices) in a private setting by way of streaming, an unlimited amount of times for non-commercial use.
5.2. Any brands and hallmarks which can be seen when using the platform are the property of the respective owner. The user is obligated to respect brands and hallmarks and to not compromise them.
6. Technical Requirements
6.1. In order to use the myfidelio-Platform, internet access is required which offers the technical capacity to access/stream electronic services and media. The cost for- and risk of internet data traffic lie solely with the user. When accessing contents such as the services offered on the myfidelio-Platform, a high volume of data is occurred. This in turn can lead to considerable fees, which depend on the user’s data contract. If myfidelio-Services is used from abroad additional roaming costs for the mobile data connection (depending on the user’s cell phone plan) can apply. KDV cannot influence these fees and costs. Therefore, KDV recommends the use of a broadband internet connection (2 MB/S or more) with a flat rate as well as deactivating the roaming service.
6.2. In addition to that, an appropriate, current device with corresponding software is needed (Browser, myfidelio-App), which meets the technical requirements for the use of myfidelio-Services.
7. User Fee
7.1. The user fee for a subscription will be billed by way of a payment system provided by KDV and paid for by the user to KDV. The user fee is due immediately, before any services are rendered. Subscription fees are due monthly and in advance, starting from the calendar day the contract was concluded.
7.2. Payment of fees can only be effected by way of options provided by KDV. When payment is effected via credit card or other payment services (for example PayPal etc.) other transaction costs might possibility occur which are at the user’s expense.
7.4. An overview of the current fees and services is available on www.myfidelio.at. The fees mentioned include applicable VAT.
7.5. The user will receive invoices via email. In addition to that, the user can access invoices online after the payment process is completed.
8. Protection of Minors
8.1. The user is obligated to comply with the indicated age rating (released by the legal protection services for children and young persons) and specifically, to only use adult content if the user is of age (18 years old).
8.2. The user is obligated to not support access to adult content by individuals under the age of 18 or to bypass the implemented AVS (Age-Verification-System). The user is obligated to change the log in information (password) immediately, should it be necessary.
8.3. The user is obligated to only show children or young adults contents, or make such contents accessible if it is released for the corresponding age group.
9. Warranty and Liability
9.1. Damage compensation claims by the user are excluded. This does not include damage compensation claims on the part of the user because of violation of life, bodily harm, health or the violation of essential contractual obligations as well as liability for other damages that are based on a deliberate or grossly negligent breach of duty on the part of KDV, their legal representatives or vicarious agents. Major contractual obligations are such obligations that are necessary in order to fulfill the contract.
9.2. In case of violation of substantial contractual duties, KDV’s liability is limited to the foreseeable damages typical for this type of contract, if these where caused by negligence, unless they are damage compensation claims on the part of the consumer due to a violation of life, bodily harm or health.
9.3. The restrictions mentioned above also apply to the advantage of legal representatives and vicarious agents of the publisher, if claims are filed directly against them.
9.4. In all other respects statutory provisions shall apply.
10.1. KDV reserves the right to change or amend the content of the TCs as well as the Data Protection Conditions at any time unilaterally, specifically if the services provided by KDV are extended or if they are necessary due to legislative changes. The current version of the TCs is available on www.myfidelio.at any time. The user will be informed about changes to the TCs as well as Data Protection Conditions via email.
10.2. Agreement for the contract change shall be deemed to be given if the consumer has not objected in writing to the change within six weeks after receipt of the notification of change, and therefore terminates the contract prematurely. KDV is obligated to notify the user about the consequences of the objection by way of a notification of change.
10.3. Changes and/or amendments to the contractual relationship between the user and KDV are required to be in writing.
10.3. Changes and/or amendments to the contractual relationship between the user and KDV are required to be in writing.
10.4. The agreement is subject to Austrian law. These TCs do not restrict any consumer rights applicable according to the laws of the country of your residence. The contractual language shall be German.
10.6. For complaints about KDV please visit the European Platform for online-dispute-resolution for consumer issues at https://webgate.ec.europa.eu/odr/main/?event=main.home.show&
10.7. Should any of the clauses in these TCs be legally void of ineffective, it does not affect the validity of the remaining regulations.
Date 07 / 2016