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Scope of Application
1.1. The following General Terms of Use (hereinafter “TOU”) govern all contracts concluded between CAMERA MUSICAE SLU, with registered office at Moll de Lleida, bloc 2 oficina I, 43004 Tarragona; with C.I.F .: G55709406 according to the deed of Constitution, granted before the notary of Barcelona Mr. Francisco Javier Hernández Alonso, with protocol number 466, dated 18/05/2017, and registered in the Register of Tarragona, in volume 3019 , folio 109, page T51524, is the owner of this website (www.filharmonia.digital). Further information regarding the identity (commercial register number, legal representation) and the contact details of CAMERA MUSICAE SLU can be found in the provider identification.
1.2. These TOU, the privacy policy, the registration constitute the entire agreement made between CAMERA MUSICAE SLU and the CUSTOMER. Differing or additional provisions of the CUSTOMER do not apply, even if CAMERA MUSICAE SLU does not explicitly object to them.
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Streaming Services
2.1. At www.filharmonia.digital, CAMERA MUSICAE SLU provides fee-based access to recordings of subscription and non-subscription concerts by the Franz Schubert Filharmonia for streaming over the internet. In the archive, recordings of concerts will be offered as videos on demand. Access to the live concerts is granted by means of a live stream.
2.2. FILHARMONIA/dh’s video signal is produced in High Definition and has been encoded for internet streaming. Depending on the CUSTOMER’s internet connection, he may choose from a range of different quality levels of transmission.
2.3. FILHARMONIA/dh’s shall decide independently which concerts are offered as live streams or as video on demand in the FILHARMONIA/dh. The CUSTOMER shall not be entitled to claim that certain concert recordings are being made available in the Digital Concert Hall, even if FILHARMONIA/dh previously announced such availability. Furthermore, FILHARMONIA/dh reserves the right to remove certain content from the archive for legal reasons and/or to exclude certain regions from the offer of streaming services for legal reasons (Geoblocking).
2.4. The provision of internet access that is necessary for the use of the streaming services defined in Sections 2.1 and 2.2 shall not be subject to the contract between the CUSTOMER and FILHARMONIA/dh.
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Registration
3.1. The CUSTOMER may use the streaming services offered by FILHARMONIA/dh only upon prior registration as a user of the FILHARMONIA/dh. Only major persons who are also legally competent may register.
3.2. Registration is effected by means of the CUSTOMER’s Internet-enabled devices at www.filharmonia.digital. In order to register, the costumer has to provide the following data: title, first name, surname, email address, country and (if required) a password. If the CUSTOMER is registered with other online services and FILHARMONIA/dh allows for an automatic transfer of data, the CUSTOMER may have his data transferred automatically by explicit permission.
3.3. When submitting the completed registration form, the CUSTOMER accepts this agreement regarding the access to the FILHARMONIA/dh and the use of streaming services (hereinafter “AGREEMENT OF USAGE”).
3.4. The CUSTOMER ensures that all data entered during registration is correct and that he has not used data of a third party. The CUSTOMER shall inform FILHARMONIA/dh immediately of any changes to the data.
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Use
4.1. The use of the streaming services is limited to certain content and time. The CUSTOMER may only stream videos for private use.
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Purchase of tickets and subscriptions
5.1. The tickets for subscriptions can only be purchased after prior registration as a CUSTOMER of the FILHARMONIA/dh. In order to subscribe to streaming services, the CUSTOMER chooses the ticket/voucher or the subscription by clicking on the button “SUBSCRIBE NOW”. This process does not constitute a contractual offer. The desired ticket/voucher or subscription will merely be booked. Even clicking the button “CONTINUE” does not constitute a contractual offer.
5.2. The CUSTOMER only makes a binding offer to conclude a contract regarding the use of streaming services by clicking the “ORDER WITH OBLIGATION TO PAY” button. Before placing the order, the CUSTOMER is once again provided with a summary of the complete content of the order (product name, price, amount, intermediary and complete sum). The CUSTOMER can then correct the method of payment using the change button that is provided on the overview page.
5.3. Upon receipt of the order, the CUSTOMER will receive an automatically generated email from FILHARMONIA/dh, confirming the receipt of the order. This receipt confirmation constitutes the acceptance of the contractual offer and concludes the purchase of the ticket/voucher or subscription (hereinafter “PURCHASE AGREEMENT”). At the same time, the ticket/voucher will be saved in the user account and/or the subscription will be activated.
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Right of Revocation
If the CUSTOMER is a consumer, he has the right to revoke his declaration of intent that is necessary for the conclusion of the AGREEMENT OF USAGE and/or each PURCHASE AGREEMENT.
The right of revocation terminates as soon as FILHARMONIA/dh has completely delivered the streaming services.
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Use of the Streaming Services, Technical Requirements
7.1. The streaming services are offered for access at www.filharmonia.digital
7.2. For trouble-free reception, the CUSTOMER needs an internet connection with a minimum bandwidth of 2000 Kbit/s. However, a bandwidth of 6000 Kbit/s or more is recommended.
7.3. Streaming services can also be accessed by means of certain television sets, Blu-ray players, mobile devices and audio systems equipped with an integrated internet connection. This offer is non-binding, may vary and may be revoked at any time by FILHARMONIA/dh.
7.4. The devices and system requirements needed for the use of the streaming services are listed at www.filharmonia.digital.
7.5. The CUSTOMER can access the streaming services of OCM DIGITAL HALL on multiple devices. Simultaneous streaming, however, is not possible. The CUSTOMER can manage the connected TV sets in the user account at www.filharmonia.digital.
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Prices and Tickets
8.1. The price of the subscription and their term are apparent from the presentation of the products. All prices are gross prices including the respective statutory VAT valid at the time of order.
8.2. Before the CUSTOMER places the order, the total price of the order including VAT is displayed on a separate web page summarising his order.
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Payment
9.1. The purchase price is to be paid in advance and is due immediately upon conclusion of the order.
9.2. The CUSTOMER can pay per credit card.
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Access Data
10.1. The access data (email address and password) may only be used by the CUSTOMER. The CUSTOMER may not pass the access data on to a third party. The CUSTOMER shall keep his access data secret and change or have FILHARMONIA/dh change the data, if he becomes aware that his access data has been misused. This also applies in cases that misuse is suspected.
10.2. The CUSTOMER is liable for all damages caused by a third party using his account, if and to the extent that he is to be held responsible for it. The CUSTOMER is responsible for proving that he is not culpable.
10.3. If the CUSTOMER substantially breaches the duties of care defined in Section 10.1, FILHARMONIA/dh may (temporarily) block the CUSTOMER’s access. The CUSTOMER will be informed thereof by email.
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Guarantee
11.1. FILHARMONIA/dh does not warrant or guarantee the proper functioning of the internet connection or the performance of the end device used.
11.2. FILHARMONIA/dh shall eliminate any technical malfunctions without delay if feasible. If a service malfunction results in the CUSTOMER not being able to use the video stream according to the terms of the AGREEMENT OF USAGE or if the possible use is considerably affected, FILHARMONIA/dh offers the following compensation:
11.2.1. If live streaming is not possible for technical reasons, FILHARMONIA/dh shall provide the CUSTOMER with the respective recording as a video on demand later on. If this is also not possible, the expiry of the CUSTOMER’s ticket will be extended by 7 days.
11.2.2. In case of a malfunction when streaming video on demand, FILHARMONIA/dh shall enable the CUSTOMER to access the stream later on.
11.2.3. The right to revoke the PURCHASE AGREEMENT or to reduce the purchase price if the replacement services failed remains unaffected.
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Limitation of Liability
12.1. FILHARMONIA/dh shall be liable without limitation for damages due to intent or gross negligence on the part of FILHARMONIA/dh, its legal representatives or persons whom FILHARMONIA/dh uses to perform its obligation. To the extent the breach of the AGREEMENT OF USAGE is unintentional, FILHARMONIA/dh’s liability shall be limited to typically foreseeable damages at the conclusion of the AGREEMENT OF USAGE for ordinary negligent breach of such duties arising from the contractual relationship that make the proper performance of the AGREEMENT OF USAGE possible in the first place, the observance of which the contractual partner may regularly rely on and the violation of which puts the intended purpose of the AGREEMENT OF USAGE at risk (material contractual duties). Any liability not expressly provided for above – including the liability for persons employed in performing an obligation and vicarious agents – shall be disclaimed.
12.2. The limitation and exclusion of liability agreed upon in Section 12.1 shall not apply in cases of injury of life, body and health, in case of non-conformity of goods if FILHARMONIA/dh has given a guarantee for the quality of the product, or in cases where FILHARMONIA/dh fraudulently concealed the material defect of the product. The liability under the Product Liability Act shall remain unaffected.
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Termination of the AGREEMENT OF USAGE
13.1. The CUSTOMER may terminate the AGREEMENT OF USAGE anytime to the end of the month. His right to terminate for cause remains unaffected.
13.2. FILHARMONIA/dh may terminate the AGREEMENT OF USAGE anytime by giving 2 weeks notice to the end of the month, but at the earliest to the end of the validity period of any ticket or subscription acquired by the CUSTOMER pursuant to Section 4.2. The right of FILHARMONIA/dh to terminate for cause remains unaffected. In particular, FILHARMONIA/dh shall be entitled to terminate for cause if the CUSTOMER violates these TOU. In case of a termination for cause, all tickets and vouchers that were valid at the time of the termination notice become invalid. Furthermore, all subscriptions expire by the end of the month. Fees that already have been paid will not be refunded.
13.3. After cancellation of the AGREEMENT OF USAGE, the CUSTOMER will no longer be able to access the FILHARMONIA/dh. His account will be deleted.
13.4. Any termination notice must be made in text form (in writing, no signature required, e.g. email, fax).
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Data Protection
FILHARMONIA/dh collects and stores any data necessary for business purposes. When processing the personal data of the CUSTOMER, FILHARMONIA/dh complies with the applicable statutory provisions. For further information please refer to the privacy policy.
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Copyrights
All text, images, graphics, and/or videos included in or made available through www.filharmonia.digital and their arrangement and graphic presentation on the website are subject to Spanish copyright law and further protection acts. The CUSTOMER may not use, distribute or modify any material made available on this website (e.g. text or graphics) without FILHARMONIA/dh’s explicit prior consent in written form (in writing, signature required).
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Amendments
FILHARMONIA/dh has the right to amend these TOU at any time, unless material stipulations of the contractual relationship (such as the nature, scope, term and cancellation) are concerned. Such amendments are necessary, inter alia, in case of regulatory gaps (e.g. by changes in the law; court decisions deeming these TOU void). The CUSTOMER will be notified of such amendments in text form (in writing, no signature required, e.g. email, fax) at the latest 6 weeks before they take effect. The amendments are deemed to be approved by the CUSTOMER if he does not object within 6 weeks after notification. If he objects, the amendments do not become part of the agreement between the parties, and the AGREEMENT OF USAGE remains unchanged. FILHARMONIA/dh will expressly point to the possibility of objecting and compliance within the 6 weeks term. The right of cancellation remains unaffected.
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Applicable Law
These TOU, the AGREEMENT OF USAGE and all PURCHASE AGREEMENTS (for tickets, subscriptions, or vouchers) between FILHARMONIA/dh and the CUSTOMER shall be governed by the laws of the Gobierno de España. The Convention on Contracts for the International Sale of Goods does not apply.
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Final Provisions
18.1. Any changes and supplements to the TOU shall require text form (in writing, no signature required, e.g. email, fax) to be effective.
18.2. Should any provision of these TOU be invalid, this shall not affect the validity of all other provisions of the TOU.
18.3. Where legally permissible the place of performance and exclusive place of jurisdiction for all disputes between the parties shall be Spain.
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Provider Identification
Our contact information is:
Camera Musicae SLU
Moll de Lleida, bloc 2 oficina I
43004 Tarragona
B55709406
Email: info@filharmonia.digital
Phone: +34 877 020 051