General Terms & Conditions of Clipmyhorse.tv Operations GmbH for the use of the ClipMyHorse.TV service

1. GENERAL PROVISIONS

1.1 Contractual conclusion | subscription

1.1.1 Offers made on the CMH website www.clipmyhorse.tv (“CMH Website”) are subject to change and do not represent a binding offer to enter into a subscription contract for the CMH PayTV service. In order to use the CMH PayTV service, the Customer is first required to register on the CMH website or the CMH application (“CMH app”). The Customer guarantees that the information provided about their personal details and other contractually relevant circumstances supplied in the context of the contractual offer and/or the contractual conclusion is complete and correct. The Customer is obliged to inform ClipMyHorse.TV without undue delay of any changes to their details; the Customer must confirm the details if requested to do so by ClipMyHorse.TV. In the event of a breach, CMH is entitled to impose an immediate block on the contractual services. The subscription contract is also referred to as the “Membership” in the following.

1.1.2 By clicking, registering and confirming via the “Annual subscription – annual invoice” or “Annual subscription – monthly invoice” button on the CMH website, or to the extent provided and available via the CMH app, the Customer makes a binding offer to CMH to enter into a CMH PayTV subscription contract. The subscription contract for the CMH PayTV service comes into effect when CMH confirms the contract by email or when CMH makes the CMH PayTV service accessible and available (“Subscription Contract”).

1.1.3 CMH stores the Customer’s offer to enter into the CMH PayTV subscription and the details provided. CMH does not store the full contractual text of the Subscription Contract. If the Customer would like a printout of their order, they can print the contractual data via their browser’s print function or save it electronically before sending the order.

1.2 Right to cancel (consumer)

1.3 User fee

1.3.1 The fee for use of the CMH PayTV subscription can be found in the price list as amended from time to time, which is available at https://www.clipmyhorse.tv/register/choose_form (“User Fee”). Depending on the CMH PayTV subscription, the amount due for the subscribed period is payable either annually (for the first time on registration or on expiry of any free trial month granted) or monthly and – depending on the payment type chosen by the Customer – debited from their account or charged to their credit card or PayPal account. The paid DTO offering is available only to Customers who have previously entered into a Subscription Contract for the CMH PayTV service. The amount due for the paid DTO offering is payable immediately and debited from the Customer’s account or charged to the their credit card or PayPal account. Further details can be found on the CMH website under “Membership”.

1.3.2 If the CMH PayTV subscription starts with a free trial month and the Customer does not cancel before the expiry of the free trial period, the User Fee for the CMH PayTV subscription is payable at the start of the month following the trial period. Customers can view the end date of the free trial period on the CMH website under “My Account”.

1.3.3 If direct debit is selected as the payment type and the bank details are supplied, CMH has a revocable right to debit the due invoice amount from the account specified by the Customer. If the direct debit is not honored due to inadequate funds in the account, if incorrect bank details have been provided or if the Customer objects to the debit despite not being authorized to do so, the Customer will be liable for the charges incurred as a consequence of the charge by the bank in question.

1.3.4 If the fees or their components change during the billing month (e.g. change to VAT), the period from the start of the billing month to the point of the change and the period from the point of the change to the end of the billing month will be billed separately.

1.3.5 In the event of payment default by the Customer, CMH is entitled to levy on consumers interest of 5% above the respective base rate. In the event of payment default by the Customer, CMH is further entitled to exclude the Customer from further use and to block the Customer’s account. In such a case, the Customer is still obliged to pay the User Fees incurred for the concluded Subscription Contract. Blocked accounts are not extended automatically. The account block will be lifted after receipt of the payment and after a reasonable processing time. Should payment defaults by the client result in receivables not being able to be booked, CMH is entitled to invoice all outstanding receivables for this subscription contract in one sum. The Customer will thus lose the right to pay monthly and must settle the outstanding amount in one payment. This is without prejudice to the assertion of further claims by CMH on grounds of payment default.

1.3.6 The Customer’s payment obligation also applies to User Fees resulting from authorized or unauthorized third-party access to the CMH TV service with the Customer’s login details or passwords, providing that the Customer is responsible for such use.

1.4 Price adjustment

1.4.1 CMH is entitled to adjust the User Fee for the CMH PayTV offering in accordance with the following provisions at its discretion, albeit no more than once per calendar year. CMH will inform the Customer of any price increase at least six weeks before it comes into effect. A price increase of the User Fees may be performed in order to take into account increased overall costs associated with the CMH PayTV service. The overall costs are essentially made up as follows: production costs, license costs, technical provisioning costs and customer service costs (“Overall Costs”). If a price increase amounts to more than 20% of the User Fee that applies at the time, the Customer is entitled to terminate the Subscription Contract within four weeks of receiving notice of the increase, with effect from the time that the increase comes into effect. When announcing the price increase, CMH will also inform the Customer separately of their right to cancel (if applicable), the notice period and the consequences of a cancellation notice not received in due time. If the Customer does not cancel or does not cancel in due time, the Subscription Contract will be continued from the time stated in the notice and the new User Fee will apply. CMH must reduce its User Fees (“Price Reduction”) if and to the extent that the Overall Costs attributable to the subscription decrease. The price reduction must correspond to the amount of the decrease in the Overall Costs.

1.4.2 CMH is entitled to adjust the subscription fees accordingly in the event of a change to the prescribed statutory VAT.

1.5 Term | termination

1.5.1 The Subscription Contract commences on conclusion of the contract for a fixed term of 12 months (“Initial Contract Term”). During the Initial Contract Term, the Customer may terminate the Subscription Contract with one month’s notice to the end of the Initial Contract Term. Following expiry of the Initial Contract Term, the Subscription Contract is automatically extended for an indefinite term and may be terminated by the Customer at any time with one month’s notice. During a trial month in the initial term of the CMH PayTV subscription, the Customer may terminate the contract at any time. From July 1, 2022, the Subscription Contract may be terminated in the Customer menu on the CMH website. Until June 30, 2022, the Subscription Contract may be terminated via the corresponding function in the Customer menu of the CMH website or by email to support@clipmyhorse.tv

1.5.2 If the Customer does not meet their payment obligations under the Subscription Agreement in full or in part despite being sent a reminder with a reasonable deadline by CMH, which may also be sent to the email address specified by the Customer, CMH is entitled to block the Customer’s access to CMH PayTV until the outstanding payment obligations have been met, or it may terminate the Subscription Contract without notice.

1.5.3 These General Terms and Conditions do not affect the right of both CMH and the Customer to terminate the Subscription Contract without notice for good cause.

1.5.4 If CMH is no longer able to provide Live TV and/or the CMH PayTV service to the Customer for licensing or technical reasons, CMH is entitled to effect an extraordinary termination of the Subscription Contract for the affected CMH Content with 14 days’ notice.

1.6 Use of CMH Content (Live TV and CMH PayTV)

1.6.1 All CMH Content made accessible and available (Live TV and CMH PayTV) is protected by law, and in particular by copyright law. CMH Content may be used exclusively for private and non-commercial purposes as specified in these Terms Of Use. Customers are given access to CMH Content via the CMH app only if they have previously entered into a paid subscription for the CMH PayTV service.

1.6.2 To the extent necessary for lawful use of the CMH Content under these Terms Of Use, the Customer is granted a simple, non-exclusive and non-transferable right to use the CMH Content they select. The CMH Content provided may not be used in any other way; in particular, the Customer is not entitled to edit, modify, copy the content and/or make it publicly accessible in any way, to offer it for sale and/or use CMH Content to advertise other websites, services or commercial offerings. Should the Customer use the CMH Content provided by CMH in a contractually non-compliant manner, in particular if they make it publicly accessible, CMH is entitled to demand contractual damages from the Customer for each proven case where such content was made publicly accessible and/or publicly visible and/or publicly available in breach of contract. Each case of damages will amount to twice the annual fee of the subscription taken out by the Customer. The above provision on contractual penalties also applies expressly to contractually non-compliant conduct by the Customer in the course of using the Live TV offering. CMH reserves the right to assert damages in excess of the contractual penalty.

1.6.3 CMH reserves the right to amend the offering of CMH Content (CMH PayTV and/or Live TV) provided this is reasonable for the Customer, taking into account the interests of CMH and the Customer. For instance, amendments may be due to licensing reasons, such as the loss of substantial rights or the acquisition of new rights, technical reasons, or changes to planned large events that were to be made available. In such cases, CMH will inform the Customer of the impending change in a timely manner (at least one month before the change comes into effect). This may also be done by email. CMH is entitled to make minor changes to the offer of CMH Content, provided this is reasonable for the Customer, taking into account their interests and those of CMH.

1.6.4 Only persons who are of legal age may enter into a CMH PayTV Subscription Contract. Minors may use the CMH PayTV service only under the supervision of an adult.

1.6.5 The person who has registered with CMH as a Customer for the CMH PayTV service and whose payment type specified in the registration process is debited with the User Fee has access to and control over the customer details and is responsible for all activities connected to the customer account. Access details to the customer account must not be shared with third parties, in particular minors. The Customer is responsible for ensuring that the information provided in connection with the customer account is always up to date. CMH is entitled to terminate the CMH PayTV subscription or to suspend the customer account temporarily if the Customer has shared access details with a third party in breach of contract. Where Customer access details have been shared with third parties in breach of contract, the rules pursuant to part 1.6.2 of the Terms Of Use apply accordingly.

1.6.6 The Customer must have an internet connection to be able to use the CMH Content and bears sole responsibility for providing this connection. This applies in particular to the associated costs and ensuring an adequate data volume for receiving, accessing and downloading the CMH Content. The Customer is responsible for ensuring that the end devices they use meet the necessary system requirements.

1.6.7 By entering into the Subscription Contract, the Customer is entitled to use the CMH PayTV service on their own end devices. End devices are internet-capable devices such as an appropriate TV set, mobile devices such as tablets and PCs. The CMH Content may be used only on one end device of a subscriber with a customer account that is configured and registered under these Terms Of Use. Simultaneous use of CMH Content on several end devices is not possible. CMH is entitled to protect the customer account from access that goes beyond this provision and to refuse access to the CMH PayTV service.

1.6.8 CMH uses reasonable efforts to ensure that the CMH Content is available at all times. CMH reserves the right to perform maintenance and servicing tasks to technical facilities to maintain or improve the CMH Content without further notice. During this maintenance window, interruptions or impairments to the receipt or download of CMH Content may occur that do not entitle the user to a reduction of the User Fee.

1.6.9 For licensing reasons, the CMH Content may be used only if the geolocation function is switched on or location data is transmitted to CMH. If the Customer deactivates this function on their end device, they will not be able to access the CMH Content.

2. Liability

2.1 CMH is liable without limitation for damages due to willful misconduct and gross negligence. In the event of losses arising from breaches of contractual obligations (cardinal obligations) due to ordinary negligence, CMH’s liability is limited to the loss typically foreseeable at the point of contractual conclusion, with the exception of harm to life, limb or health. The above limitations of liability also apply to breaches of obligation by legal representatives or vicarious agents of CMH.

2.2 CMH is not liable in the event of delayed performance, disruptions and/or interruptions to services on the grounds of force majeure; i.e. circumstances outside CMH’s sphere of influence. This includes earthquakes, extreme weather conditions, including floods, pandemics, fire and other natural disasters, as well as acts and/or omissions by third-party providers of services, such as telecommunications providers or electricity providers.

3. CLOSING PROVISIONS

3.1 CMH is entitled to transfer claims against the Customer arising from the Subscription Contract to third parties without the Customer’s approval. In the case of a transfer of all rights and obligations (“Assignment Of Contract”), CMH will inform the Customer accordingly four weeks in advance. In the event of an Assignment Of Contract, the Customer has the right to terminate the Subscription Contract at the point at which the transfer of rights becomes effective. With the exception of a monetary claim, the Customer is not entitled to transfer any rights and obligations arising from the Subscription Contract to third parties without the approval of CMH, provided that CMH has a protectable interest in this regard.

3.2 CMH is entitled to amend the Terms Of Use provided the amendment is reasonable for the Customer, taking into account the interests of CMH. The approval of amendment of the Terms Of Use is deemed granted by the Customer if they do not object to the amendment within four weeks of receipt of the notice of amendment. CMH undertakes to refer the Customer to the consequences of the failure to object in the notice of amendment. If the Customer objects within the deadline, CMH is entitled to terminate the Subscription Contract for the use of the CMH PayTV service at the point at which the amended or supplementary Terms Of Use take effect. This regulation does not apply to material provisions of the contractual relationship, in particular the type and extent of the agreed mutual services and the term.

3.3 Any invalidity of a provision of these Terms Of Use has no bearing on the validity of the remaining provisions of these Terms Of Use. An invalid provision will be replaced by a provision that most closely resembles the intended economic effect of the invalid provision. The same applies to any omissions that require rectification.

3.4 If the Customer is a commercial entity, the place of jurisdiction is Wiesbaden, Germany. The same applies if the Customer does not have a registered office or regular place of domicile in the Federal Republic of Germany at the point at which the claim is brought.

3.5 The governing law is the law of the Federal Republic of Germany. The UN Convention on the International Sale of Goods (CISG) does not apply.

3.6 CMH will not participate in any online dispute resolution proceedings pursuant to section 36 German Consumer Protection Act (Verbraucherschutzgesetz).