General Terms and Conditions
(As at 24.04.2017)
1. Scope of Validity (test this text is a test for right now)
1.1. The general terms and conditions set out below apply to the provision of the on-site participation at the Celebrate Life Festival in Oberlethe, Germany as well as all products and services offered by the Sharing the Presence e.V., Wardenburger Str. 24, D-26203 Wardenburg ( the ‘Provider‘) through their web site www.celebrate-life.info.
- the download of video content, both in relation to the simultaneous transmission of events by the Provider (Live) and recorded material transmitted at a later time via multimedia technology (Video-on-Demand) for the purpose of viewing without permanent storage on the User’s data storage device (Streaming), including telephone conferences and support services.
- the download of video content to be permanently stored on the User’s data storage device.
1.2. This contract is governed by the version of the General Terms and Conditions applicable at the date on which the contract is entered into. As far as on Third Party Terms and referenced, they take precedence.
2. Completion of contract and registration
2.1. When an order for an admission ticket is accepted by Sharing the Presence e.V., a contractual relationship is established exclusively between the buyer or the holder of the admission ticket and Sharing the Presence e.V. The offer of a contract conclusion on www.celebrate-life.info takes place when the customer clicks “Order” or “Purchase”. The contract is not concluded until Sharing the Presence e.V. sends the order confirmation or the admission ticket to the customer. This, in turn, requires that the tickets have been paid for in full. For a cancellation to become effective, it must be made in writing, and it is subject to a processing fee of € 25.
2.2. The User can apply for a ticket for the offers on the Provider’s web site as set out in section 1.1. By pressing the “Purchase” button, the User is deemed to agree to enter into a binding contract with the Provider.
2.2.1. The Provider will send the User a Confirmation-of-Receipt email, which will confirm details of the application and which the User may print by pressing the ‘Print‘ button. The Confirmation-of-Receipt email merely confirms that the application has been received by the Provider and does not confirm acceptance of the application. The contract only comes into effect upon provision by the Provider of details of acceptance, but at the latest upon the provision of the Streaming or Download order, according to individual agreement.
2.3. If the participant does not appear, does not use the offer or leaves the festival early 100% of the fees will be charged.
3. Cancellation by the organizer
Events may be cancelled by the organizer because the speaker is prevented from or fails to attend in the short term, without the possibility of getting a replacement speaker, or due to acts of God. The participant will immediately be informed of this. Prepaid charges will be refunded immediately. In case of partial performance, § 441 Abs. 3 BGB shall apply accordingly.
Further claims are excluded unless the liability is due to intent, gross negligence, a breach of significant contractual duties or the non-performance of a guarantee by the organizer or one of its own agents. Significant contractual duties are those whose fulfilment is a prerequisite for enabling the proper fulfilment of the contract in the first place and on the fulfilment of which the customer regularly relies and may rely.
The organizer is entitled to replace speakers or modify the schedule if there is a good reason to do so, for example, in case the speaker falls ill, as long as this is reasonable towards the participants.
Furthermore, events may be cancelled or discontinued by the organizer due to judicial, administrative or private law non-conferral of or failure to issue authorizations or prohibitions of the event that were unforeseeable at the time the agreement was entered into, if the reasons can only be fulfilled or eliminated by the organizer at unreasonably high economic or organizational costs. The same applies in case of weather conditions for which a danger to the body and health of the participants cannot be excluded, also not through economically justified costs. Furthermore, the organizer retains the right to cancel events in case of danger to the participants due to misconduct by others or due to a threatening escalation caused by crowds that are too large, provided the danger cannot be eliminated through economically justifiable costs.
4. Right to cancellation
You may cancel your agreement in writing (e.g. by letter, fax, email) without explanation, within 14 days. This period of time begins upon receipt of written information regarding rights of cancellation, however not before completion of contract, and also not before the Provider has complied with its duty to provide you with this information in accordance with Article 246 § 2 in conjunction with § 1 Section 1 and 2 EGBGB as well as its duties in accordance with § 312g Section 1 Sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. Timely dispatch of cancellation will serve to safeguard this cancellation period.
Please send your cancellation to:
Sharing the Presence e.V.
Wardenburger Str. 24
In the case of effective cancellation, any payment received by either party must be reimbursed, along with any financial benefit from the use of such payment (e.g. interest). Should you be unable to return such payment and any benefit gained from its use, either in part or in full, or are only able to do so under restricted circumstances, you must pay compensation in respect of this. This may result in your also being obliged to fulfill contractual obligations to make any payment up until the date of cancellation. The obligation to reimburse payment must be fulfilled within 30 days. For you, this time period takes effect from when you submit your notification of cancellation; for us, it takes effect upon receipt of such notification.
Your right to cancel will lapse immediately upon provision of the service ordered by the User, where the agreement has been fulfilled according to your order prior to you exercising your right to cancel.
Instructions for Ending Cancellation
- The right to cancellation does not apply to contracts entered into at a distance
- For the provision of custom-made goods, or goods that have been tailored to personal requirements, or goods that, due to the nature of their composition, are not suitable for return, or goods that may deteriorate easily, or goods that have passed their sell-by date.
- For the provision of audio or video content, or software where the data medium has been opened.
- For the provision of live-streaming audio or video content on the date of the live stream.
The fee payable by the User is that which is agreed under the terms of the specific contract between the parties.
6. Technical requirements and performance of the provider
6.1. The provider allows for the retrieval of (live) streams content from the media library on the website of the provider and downloads. This requires access to the Internet for the user.
6.2. The cost of setting up the Internet connection and the maintenance on the client side is in the responsibility of the user.
6.3. The transmission of video streams is generally based on the following technical provisions:
- format: H.264 + AAC (image + sound)
- Protocols (for live and on-demand streaming): RTMP / HDS (Flash), RTSP (Android), HLS (iOS)
- Resolution / bit rate (mean values): 320 x 180 / 155 kbit/s; 640 x 360 / 532 kbit/s; 1024 x 576 / 1315 kbit/s; 1280 x 720 / 4050 kbit/s (for On-Demand/Download)
6.4. The user shall ensure that his Internet access and the required hardware from him meet the minimum system requirements, in particular that the appropriate transmission speed is guaranteed. The following minimum system requirements are recommended:
1. computer processor: 2 GHz
2. browser: Internet Explorer or Mozilla Firefox (latest version) with Flash Player 10
3. DSL connection / Internet: From DSL 2000
4. One of the following players:
- Flash Player 10 or higher
- IPhone / iPad / iPod touch iOS version 3.0 or higher
- Safari 4.0 or higher
- Android 4.1.1 or higher
If the minimum system requirements are not met, there may be restrictions in quality, interference or failure of the use.
6.5. The Provider gives no guarantee and accepts no liability for any claim against the Provider for disruption of service that occurs as a result of the User failing to comply, either fully or partially, with the preconditions of system use.
6.6. The Provider also accepts no liability for the safety and the continued communication of data between the Provider and the User that takes place via third party communication networks.
6.7. Should disruption of live stream transmission occur on the part of the Provider, the provider will make every attempt to overcome this, within the realms of what is technically achievable. Should the Provider be unable to rectify any disruption immediately due to technical reasons, and the User is unable to make use of the Video-stream at all, or only under considerably restricted conditions, the Provider will endeavor to make the transference of video material available as soon as possible via multimedia in the form of Video-on-Demand-Stream. The legal rights of the User to fulfillment, cancellation, reduction and damages remain unaffected.
7. Copyright, Trademark Law, Time-limited Usage
7.1. The contents made available by the Provider to the User under section 1.1. are protected by copyright law and laws governing provision of services. The User is obliged to comply with existing copyright and provision of services regulations and not to infringe these regulations in any way.
7.2. The User is entitled to retrieve, and, in the case of Download, to store the content for his personal use only. Limitations are governed by Copyright Law § 53.
7.3. The User is not authorized to change any material that is made available for Download or Streaming, or to photocopy for third parties, or to otherwise pass on or make material available to third parties, or to sell or use material commercially in any other way.
7.4. The User’s entitlement to Download or Video-stream content that has been made available by the Provider via multimedia lapses six months after termination of contract between the User and The Provider (Time Limitation).
8. Duration of Contract and Termination
8.1. The terms of contract come to an end after the time period set out in the relevant product description.
8.2. The right to terminate the contract in special circumstances remains unaffected.
9.1. In the case of negligence, the Provider only accepts liability in the case of injury/damage to body, health or life, failure to fulfill fundamental contractual obligations, as well as damage relating to failure by the Provider to uphold that, which has been guaranteed. Fundamental contractual obligations are those where fulfillment of the contract is dependent is on proper implementation of the contract, and the breach of which will jeopardize the possibility of achieving the purposes of the contract, and upon the observance of which the User routinely relies on. In all other respects, pre-contractual liability, contractual liability and out of contract liability on the part of the Provider is limited to damage which occurs as a result of willful or gross negligence by the Provider, his legal servants or his vicarious agents.
9.2. Your rights under Product Liability Law remain unaffected.
10. Participants’ Obligations
Please note that the topics and activities covered are not intended for use in the diagnosis or treatment of medical or psychological illness. Participants and end users are encouraged to take responsibility for themselves and where appropriate to seek the assistance of a suitably qualified medical specialist, alternative practitioner or therapist.
Participants/end users must inform the course organizer before the start of the course if they are undergoing psychological or psychiatric treatment, or are taking medication for any such condition.
11. Notes on Data
11.1. The provider collects in the execution of contracts data of the user. They adhere to the applicable data protection regulations, in particular the provisions of the German Federal Data Protection Act (BDSG), the German Telecommunications Act (TKG) and the German Telemedia Act (TMG). Without the consent of the user the provider will only collect personal data, inventory and usage data of the user, process or use, to the extent necessary for the execution of the contract and for the use and accounting of Telemedia.
11.2. Without the consent of the user the provider does not use user data for purposes of advertising, market research or opinion polls.
12. Final Causes
12.1. General Terms and Conditions of the Provider apply exclusively; any General Terms and Conditions of the User which conflict with or are at variance with the General Terms and Conditions of the Provider do not apply. This term applies whether or not the Provider specifically contradicts any part of the User’s own Terms and Conditions. Insofar as the Provider offers third party products and services, or provides such through a third party, General Terms and Conditions have precedence.
12.2. The performance of the contract is the domicile of the Provider.
12.3. Provider and User agree that German Law shall apply to any Contract between Provider and User, with exclusion of General Purchasing Law.
12.4. In any dispute between the Provider and the User, and any dispute involving the User and a merchant, or a statutory public body, the venue for hearing such disputes shall be D-26203 Wardenburg.
12.5. Should an individual provision or provisions in these General Terms and Conditions be ineffective, this will not affect the validity and enforceability of any other of other provision. In the event of an ineffective provision, the parties to the contract shall endeavor to find a workable alternative to the ineffective provision which is as close reasonably possible in meaning to the original ineffective provision.