General Terms & Conditions of the livyu GmbH
§ 1 Object and Application of the general terms and conditions
Livyu GmbH, Bahnhofstr. 5, 67722 Winnweiler; represented through ist general Managers Sebastian Knoll and Silvio Escher offers Live Concert recordings per Streaming against Payment on the website www.livyu.com . Concert recordings are offered from a vast archive as Video on Demand as well as Live Concerts through the use of a Live stream.The terms and conditions represented here regulate the legal relationship between you, as the customer, and the service provider livyu®.
All the information you need on the proof of identity on matters partaining livyu® (commercial register number, legal representation, provider identification, valid postal address) as well as contact information can be found under http://www.livyu.com/en/imprint.
The terms and conditions represented here have the goal to define and regulate all agreements met between livyu® and you, these being conditions and requirements for the use of the offered Streaming services, as well as observe the strict data protection standards.
§ 2 Transmission Standards and Service Determination Rights of livyu®
The video signal provided by livyu for the streaming service is in High Definition. Internet streaming is according to the actual state of technology encoded. You as the client have several transmission qualities depending on the internet connection at your disposal. livyu® has so far service determination rights that allows it to decide which concerts will be offered as Live-or as "on Demand" stream, without your involvement. You have no claim in disclosure obligation of particular concert recordings, regardless of past advertisement or publication.
livyu® must furthermore remove certain content for legal purposes/reasons from the Archive or restrict accessibility to some countries or regions (GeoBlock).
livyu® would like to emphasize that the allocation of a suitable internet connection for the utilization of the above-described streaming-service is not a matter of the contractual agreement between you and livyu® .
§ 3 Termination and Object of the Contract
Requirement for the use of the above described streaming service, is that a contractual agreement should take place between you and livyu®.
The following information is necessary for registration:
Firstname, Surname, valid Email-Address, complete residential address, your country and a password.
By submitting the before described registration form you accept the agreement on the access to livyu® and the use of the streaming services. A effective user agreement is then closed.
While completing the registration process, you have to affirm that all the submitted data is true and notably not inadmissible data from a third party or fantasy data. In addition you bind yourself to notifying us immediately, incase of any changes in your data.
Only after a successful registration is the purchase of ticket possible. In order to buy a ticket on www.livyu.com click on the button „Buy ticket“. By doing this, the desired concert is noted. Choose your ticket in the next step and click on “Checkout“. Next, click on the button „Ticket binding order“.
The third step represents in legal sense a binding offer on the execution of the contract on the use of the streaming services and on the acquisition of a particular streaming for a live concert or a "on-demand" offer. Before submission the details of your purchase (product name, price, quantity as well as sub- and total prices) will be shown to you again. The terms of payment can be found on the overview page, changes can be made on the „Edit“ button. You will receive an acknowledgement mail, automatically generated from livyu®, to confirm your order. This order-confirmation, is in legal sense the acceptance/receipt of your order and it leads to the conclusion of the contract. At the same time the requested ticket is filed in your account.
We would like to point out that streaming services can be requested from our website www.livyu.com. A internet connection with a minimum bandwidth of 2Mbit/s is necessary for a smooth/disruption-free reception. We however recommend one with 6 Mbit/s and higher. We are allowed to limit or extend our offer to specific technical devices. We have listed down devices that are compatible to our streaming services and the system requirements under www.livyu.com/devices .You are able to receive contract-binding streaming services on several devices however, simultaneously/synchronous request on several devices is technically not possible und not intended.
§ 4 Use of services
livyu® offers you the following streaming concept. You purchase a ticket from us for a certain concert, whereby we differentiate between Live and "on Demand" concerts. The purchase of a Live Ticket is only once and only valid during the live broadcasting of the concert. Whereas the "on Demand" Ticket does not apply for the live broadcasting and thus valid for 365 days as from the day of the concert recording in our archives. Please do check out the price list of our tickets from our website. Besides there is also the possibility to give away tickets. We give out vouchers that can be redeemed at a later time.
You oblige on your part not to lawfully abuse the streaming services. Streaming services are only for private use and are prohibited for commercial use. In addition duplication or production of parts or complete recordings is forbidden. Furthermore it is not authorized to use the retrieved/downloaded stream commercially. This comprises of the public screening, broadcast or otherwise market placement. In the case of violation of these obligations we have the right to block/disable your access and terminate the contract relationship between you and livyu®. In addition, we are justified to oversee possible copyright infringements on behalf of the concerned parties against you.
§ 5 Withdrawal from contract
As a user of livyu® you are eligible to withdrawal from the contract declaration. Information about the requirements for the execution of the withdrawal as well as the legal consequences are covered in our Withdrawal instructional www.livyu.com/revocation. The withdrawal expires as soon as streaming services for the bought ticket begin.
§ 6 Prices and Terms of Payment
The ticket prices are to be found on our website www.livyu.com under the respective price list. All price indications are in gross including at the time of order applicable Value added tax (VAT). Before finalising the order we show you the total price including the turnovertax/VAT. Payment of the respective tickets shall be made in advance and immediately after the order is due. As payment method we offer credit card, Paypal as well as paysafecard. For users within Germany with a german bank account we offer Sofort-Überweisung. For online transfers we issue the ticket only after receiving the payment. In the case of falling behind on payment legal provisions will apply. Then livyu® is entitled to charge a delay interest of 5% above the original interest. Should debits be cancelled, due to insufficient funds in the users bank account, livyu® will have to charge you additional return debit charges. Alongside this livyu® retains the right to block your account due to delayed payment. Further delays will eventually lead to immediate dismissal of the original contractual agreement.
§ 7 Warranty and Liability
We, livyu®, accept no responsibility for the functional efficiency of the users internet connection as well as the devices used by them. We will however promptly resolve technical disruptions to the best of our technical ability. Should a technical disruption lead to you not being able to view the video stream as agreed upon in the contract, we render the following compensation:
- In the case of a live stream not being possible due to technical reasons, the user receives the respective concert recording as "Video on Demand". Then the related ticket is extended for 30 days.
- Should the streaming of a "Video on Demand" be disrupted, we make it possible for users to view it at a later time.
Besides this you are entitled the to the usual warranty rights, whereby we come to a mutual agreement with you on possible legal rights excluding compensation in place of performance.
We assume liability for damages, as far as willful or grossly negligent breach of duty on the part of one of our legal representatives or auxiliary persons. If damage is only based on light negligent breach we shall likewise be liable for compensation, however the amount shall be limited to the amount of the typical and foreseeable damage. Any far reaching liabilities also to our representatives or auxiliary persons is ruled out.
The above stated limitation of liability does not apply in the case of damage to life, body or health or when you fraudulently conceals a defect.
§ 8 User obligations
Data submitted by users during registration process is to be used exclusively by the user. Passing of this information on to a third party is not permitted. You are liable to keep your login details private and upon suspicion of abuse, inform us immediately and we will generate/change the details. You are responsible for any damages caused through a third party usage of your account that may lead to abuse. Any actions taken against the above specified due diligence entitles us to terminate your account. You will then in this case receive a termination email.
§ 9 Copyright Laws
All information offered/presented on www.livyu.com (texte, pictures, graphics, photographs, videos and their graphical representation) are subjected to copyright and other laws on the protection of commercial intellectual property. Every use, change or distribution of the content on the website is without the expressly written approval from livyu® not permitted.
We gather and file only data necessary for handling the transaction.For filing and processing of your personal Data we abide by legal provisions. Further details can be found in our data protection regulations under our currently valid version www.livyu.com/privacy.
§ 11 Contract termination
§ 12 Closing Provisions
All contracts based on these General Business Terms and Conditions between the user and livyu® are subject to German Law.
Amendments and changes of the above described General Terms and Conditions must be in writing. Should individual provisions of the agreement be or become invalid or impracticable, or should the agreement contain any gaps, this will not affect the validity of the other provisions of these agreement.
Sie haben das Recht binnen 14 Tagen ohne Angabe von Gründen den mit uns geschlossenen Vertrag zu widerrufen. Die Widerrufsfrist beginnt ab Vertragsschluss, frühestens aber zu dem Zeitpunkt, an dem wir Ihnen dieses Widerrufsrecht zur Kenntnis gegeben haben.
Um Ihr Widerrufsrecht auszuüben, müssen Sie eine eindeutige Erklärung in Textform (z. B. durch einen Brief, durch Telefax oder E-Mail) über Ihren Entschluss informieren, diesen Vertrag zu widerrufen.
Diesbezügliche Erklärungen senden Sie bitte an:
livyu GmbH, Bahnhofstr. 5, 67722 Winnweiler oder Telefax +49 6302 68986 -91 oder E-Mail firstname.lastname@example.org
Zur Wahrung der Widerrufsfrist reicht es aus, dass Sie die Mitteilung über die Ausübung des Widerrufsrechts vor Ablauf der Widerrufsfrist absenden.
II. Consequences of withdrawal
Wenn Sie diesen Vertrag widerrufen, sind wir verpflichtet, alle Zahlungen, die wir von Ihnen erhalten haben, einschließlich der Lieferkosten (mit Ausnahme zusätzlicher Kosten, die sich daraus ergeben, dass Sie eine andere Art der Lieferung als die von uns angebotene günstigste Standardlieferung gewählt haben) unverzüglich und spätestens innerhalb von 14 Tagen ab dem Tag zurückzuzahlen, an dem die Mitteilung über Ihren Widerruf bei uns eingegangen ist.
Für eine etwaige Rückzahlung verwenden wir dasselbe Zahlungsmittel, welches Sie bei der ursprünglichen Transaktion eingesetzt haben, es sei denn, wir haben ausdrücklich mit Ihnen eine anderweitige Vereinbarung getroffen. Für die Rückzahlung werden keine Entgelte berechnet. Sofern Sie uns ausdrücklich gebeten haben, mit der Ausführung des Vertrages vor Ablauf der Widerrufsfrist zu beginnen und Sie uns ausdrücklich bestätigt haben, dass durch Ihre Zustimmung mit Beginn der Ausführung des Vertrages Ihr Widerrufsrecht verloren geht, ist Ihr Widerrufsrecht vor Ablauf der 14 Tagesfrist erloschen (vergleiche § 356 Abs. 5 BGB).