General Terms of Use
General Terms of Use for End Customers
1. Subject Matter of the Agreement and Definitions
1.1 The Internationales Dokumentarfilmfestival München e.V., represented by Managing Director Daniel Sponsel, Dachauer Str. 116, 80636 Munich, registered with the Munich District Court under VR 17621 (hereinafter referred to as the “Provider”), offers a video-on-demand service under the name “dok@home”. This service allows end customers to access selected films and other audiovisual content (“Content”) via video on demand (“VoD Service”), either for a fee or free of charge.
The VoD Service is operated by 1o1Media GmbH, Marthashof 6, 10435 Berlin, Germany, Email: info@1o1Media.com, registered with the Charlottenburg District Court under HRB 123617 B (“1o1Media”), in the name and on behalf of the Provider.
1.2 Anti-Discrimination: The Provider does not tolerate any form of favoritism, offensive or harmful language, discrimination, exclusion, violence, insult, or harassment based on gender, origin, ethnicity, religious belief, skin color, sexuality, gender identity, disability, or age.
1.3 Definitions:
- “Video on Demand” (VoD): Refers to the public availability of Content within the meaning of §19a German Copyright Act (UrhG), i.e., the right to make the production available to the public on demand.
- “Streaming”: The simultaneous, unaltered transmission and use of Content by the end customer, without permanent storage on their device.
- “Consumer”: Any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.
- “End Customer”: Fully legally competent consumers of any gender and gender identity.
- “Single Access”: The right to use a piece of Content on a time-limited basis through streaming for a one-time fee.
2. Scope of Terms of Use
2.1 These terms apply to all paid and free services provided to end customers in connection with the dok@home VoD Service.
2.2 Diverging or additional terms from the customer do not apply unless expressly accepted in writing by the Provider.
2.3 The end customer acknowledges that third-party services, especially from 1o1Media and payment providers, are used in delivering the VoD Service. Their terms of use apply alongside these terms and take precedence in case of conflict.
3. Contract Formation
3.1 VoD Contract Formation: To conclude a usage agreement (“Usage Contract”), the end customer must enter all required data correctly and completely via the Provider’s input form and, if necessary, complete an age verification process. Clicking the 'Order with Obligation to Pay' button constitutes the customer’s offer. The contract is concluded when the Provider activates access to the Content. This activation will be confirmed via email.
3.2 The end customer’s offer is binding. The Provider is not obliged to accept it.
3.3 The service descriptions and prices listed in the offer are part of the contract.
3.4 Contract data is not stored. A copy of the contract will be sent to the customer via email after conclusion.
3.5 The customer can correct their input at any time using standard input devices. Automatic checks ensure completeness and plausibility.
3.6 Invoices can be requested; additional data may be required.
3.7 Usage rights from the VoD ticket are geographically limited to Germany. Temporary cross-border portability within the EU is supported. Geo-blocking enforces territorial restrictions. The Provider may verify the customer’s country of residence under EU regulation on cross-border portability.
4. VoD Service: Scope of Services, Usage, Rights
4.1 Once the Usage Contract is in effect, the Content is made available for streaming. The end customer receives a ticket ID for access.
4.2 Single Access Use:
- 4.2.1 Content can be streamed without permanent storage during the usage window.
- 4.2.2 Content can be replayed multiple times within 48 hours of the first playback.
- 4.2.3 Access expires after the 48-hour period.
- 4.2.4 The customer is granted a non-exclusive, non-transferable, non-sublicensable right to use the Content for private purposes during the period stated. Further use—e.g., storage, distribution, editing, commercial use—is prohibited.
4.3 Number of Devices: Content may be streamed on up to five registered devices; only one stream may be used at a time.
4.4 System Requirements:
- 4.4.1 Internet access and a compatible device (PC, Mac, smartphone, tablet) are required.
- 4.4.2 System compatibility and performance vary depending on hardware, software, location, and internet speed.
- 4.4.3 Streaming may incur additional costs (e.g., data volume). A flat-rate internet plan is recommended. At least 2 Mbps is required for SD, and 5 Mbps for HD streaming.
5. Customer Obligations
5.1 All information provided by the customer must be truthful.
5.2 If the customer does not provide accurate residency information, they lose the right to use cross-border services under the relevant EU regulation.
5.3 Misuse Prohibited: The following is not allowed:
a) Resale or commercial use;
b) Sharing of the ticket ID;
c) Manipulating digital access keys;
d) Circumventing geo-blocking (e.g., via VPN);
e) Altering copyright or legal notices;
f) Public or commercial use beyond private streaming;
g) Providing age-restricted content to minors.
5.4 The customer is liable for all damages resulting from contractual breaches and indemnifies the Provider against third-party claims.
6. User-Generated Content
Customers must not publish content that violates rights, is defamatory, or is unlawful. Offensive, pornographic, violent, extremist, or immoral content is prohibited. Violations may result in temporary or permanent suspension.
7. Limitations of Service
7.1 In cases of material breaches (e.g., payment default), the Provider may restrict or suspend services.
7.2 If allegations prove unfounded, services will be restored. The right to extraordinary termination remains unaffected.
8. Fees and Payment
8.1 The customer agrees to pay the full price stated, including VAT. Payment is due immediately upon access.
8.2 Accepted payment methods are listed during the order process.
8.3 Customers are responsible for charges incurred by third parties using their account, where attributable to their actions.
9. Technical Availability
The Provider aims to offer continuous and error-free service but may restrict access for technical or legal reasons. Maintenance work is scheduled during off-peak hours and will be announced where possible.
10. Right of Withdrawal
10.1 Right of Withdrawal for Digital VoD Tickets:
Withdrawal Policy:
You may withdraw from this contract within 14 days without stating reasons.
To exercise the right, notify us (Internationales Dokumentarfilmfestival München e.V., Dachauer Str. 116, 80636 Munich, Email: info@dokfest-muenchen.de) via clear statement (letter or email). Use of the provided form is optional.
If you withdraw, we will reimburse all payments received within 14 days using the original payment method.
Early Expiry: The right of withdrawal expires once digital content has been provided, provided you have consented and acknowledged that this forfeits your right.
Sample Withdrawal Form:
(If you wish to withdraw from the contract, you may use this form.)
[Insert form as in original]
10.2 No withdrawal right exists for event tickets (§ 312g para. 2 no. 9 BGB).
11. Youth Protection
11.1 The VoD Service and event participation are only for persons aged 18+.
11.2 The Provider may restrict access to age-sensitive content using AVS or youth protection PINs.
12. Liability
12.1 The Provider is liable without limitation for:
a) intent or gross negligence;
b) injury to life, body, or health;
c) express guarantees;
d) mandatory legal liability (e.g., product liability).
12.2 For negligent breach of essential duties, liability is limited to typical, foreseeable damage.
12.3 Further liability is excluded. This also applies to legal representatives and agents.
13. Termination for Cause
The right to terminate for cause remains. The Provider may terminate if the customer breaches sections 5.3–5.5 or other contractual/legal obligations and fails to remedy after warning.
14. Contract Language
Contracts are available in German and English. In case of doubt, the German version prevails.
15. Amendments to Terms
15.1 Minor amendments may be made at any time unless they substantially alter the contract structure.
15.2 Amendments may also be made to close gaps caused by new technical or legal developments.
15.3 Customers will be notified of changes. If no objection is made within two days, the changes are considered accepted. If objected to, the Provider may terminate the contract.
16. Online Dispute Resolution
16.1 The EU offers an online platform for resolving consumer disputes: http://ec.europa.eu/consumers/odr/.
16.2 The Provider does not participate in dispute resolution proceedings under the VSBG.
17. Final Provisions
17.1 German law applies. CISG is excluded. Consumer protections of the home state remain unaffected.
17.2 Contract changes must be in writing. No verbal side agreements exist.
17.3 If any clause is or becomes invalid, the rest remains in force.
