1.1. ClipMyHorse.TV is a service provided by ClipMyHorse.TV Operations GmbH, Am Sonnenberg 665321 Heidenrod ("CMH” in the following). Consumers (in the following, also referred to as the “Customers”) can retrieve content for private purposes via the Internet (web-based via app (“CMH app” in the following) or via SmartTV) (collectively, the “Services” in the following). In this frame, certain content is freely accessible, in particular in the form of a linear live stream (“CMH-FreeTV” in the following) while other content is accessible to registered Customers for retrieval against charge. To this end, the Customer can purchase a retrieval authorization in the form of subscriptions and non-renewable fixed-term premium memberships, plus the additional fee-based download-to-own (“DTO”) option to download certain content (collectively, “CMH-PayTV” in the following).
1.2. Use of the CMH-FreeTV and/or the CMH-PayTV (collectively also “CMH Content”) shall be in compliance with these Standard Terms and Conditions (in the following, “Terms of Use”); auctions announced on the CMH website are not subject to these Terms of Use but to other standard terms. Before the CMH app and SmartTV can be used, a contract for use of the CMH-PayTV must be concluded.
2.1 To use the CMH-PayTV Services, the Customer must first register on the CMH website. The Customer assures that the personal data and other circumstances relevant for the Contract disclosed by Customer in the frame of the offered contract and/or the conclusion of the contract are complete and correct. The Customer undertakes to inform CMH immediately of any changes to the data by amending them in the “My account” tab; on request by CMH, the Customer shall confirm the data. The contract concluded between the Customer and CMH in respect of the CMH-PayTV will also be referred to as “CMH-PayTV Contract” in the following.
2.2 To register, the Customer must specify an email address and choose a password.
2.3 The ordering process is available in German, French, Swedish, Russian, Norwegian, Czech, Portuguese, Slovenian, Dutch, English, Spanish, Slovakian, Danish, Hungarian and Polish language, the Terms of Use in German and English.
2.4 By clicking the “FREE TEST” button and selecting a type of membership, registering, providing payment details and a billing address and clicking the "Subscribe now - with costs after free trial" button on the CMH website or, if provided and available, via the CMH app, the Customer submits a binding offer to CMH to conclude a CMH PayTV contract ("Order” in the following). After receipt of the Order, CMH will send a confirmation of receipt of the Order to the e-mail address provided by the Customer. This confirmation of receipt does not yet signify the acceptance of the offer but only states that CMH received the Order. The contract for a CMH PayTV offer is concluded when CMH accepts the Order by e-mail ("Acceptance” in the following) ("CMH PayTV Contract"). Any errors can be corrected at any time during the ordering process in the input screen provided. The Customer can also abort the ordering process at any time before clicking the button “Subscribe now - with costs after free trial”.
2.5 CMH saves the Customer’s offer for the CMH-PayTV Contract and the entered data. Together with the acceptance note, the Customer will be sent the terms of contract that can be printed out and/or saved as an electronic document. Furthermore, these Terms of Use can be retrieved and downloaded, saved and printed at any time under [https://www.clipmyhorse.tv/de_DE/terms].
If you are a consumer, you have a statutory right to withdraw.
Withdrawal instruction
Expiry of the right to withdraw
In case of a fee-based Contract for provision of digital content not stored on a physical data carrier, your right to withdraw will expire earlier, namely once we start to fulfill the Contract following your express consent that we may start fulfilling the Contract prior to expiry of the withdrawal period and following your confirmation that you are aware that you will loose your right to withdraw once we start to fulfill the Contract, and following our submission on a permanent data carrier of a confirmation of the Contract comprising the contents of the Contract including the above-named Conditions for earlier expiry of the right to withdraw.
Sample withdrawal form
(If you wish to withdraw from the Contract, please complete this form and return it.)4.1. The total price including all tax and charges for CMH-PayTV contract will be indicated to the Customer before order placement (“User Fee”). The amount of the User Fee depends on the respective CMH-PayTV Contract and is generally quoted including sales tax, if applicable. The currently valid price list is available for download at ”https://www.clipmyhorse.tv/register/choose_form“. Depending on the CMH-PayTV Contract and (for CMH-PayTV subscribers) the payment interval selected by Customer, the User Fee will be payable either annually or monthly (first after conclusion of the CMH-PayTV Contract or after expiry of the trial period) and will be collected or debited in compliance with Customer’s selected mode of payment (including direct debit, PayPal, credit card).
4.2. Customers can use the fee-based DTO Services only during the term of the CMH-PayTV Contract. The charge payable for the fee-based DTO Services is due immediately and shall be paid in compliance with Customer’s selected mode of payment.
4.3. If a CMH-PayTV subscription starts with a free trial period and the Customer does not withdraw before the end of the free trial period, the User Fee for the CMH-PayTV subscription will be payable on expiry of the respective trial period. The last day of the free trial period is indicated to the Customer on the CMH website under the tab "My Account.” In the case of annual payment, the next User Fee will be due for payment twelve (12) months after the due date of the User Fee for the previous year. In the case of monthly payment, the next User Fee payment shall be due at the start of the month following payment of the User Fee for the previous month.
4.4. The User Fees for other CMH-PayTV Services (e.g. premium memberships and DTO Services) are due for payment immediately with conclusion of the CMH-PayTV Contract.
4.5. If payment via direct debit (debit note) is selected and bank details are provided, CMH is revocably authorized to collect the invoice amount due from the account specified by the Customer. If the direct debit is not honored due to insufficient funds in the account or due to the provision of incorrect bank details, or if the Customer objects to the direct debit without being entitled to do so, the Customer shall bear the fees incurred as a result of the chargeback by the respective credit institution. If costs are incurred for other payment methods for reasons for which the Customer is responsible, the above sentence shall apply accordingly.
5.1. The term of a CMH-PayTV Contract depends on the CMH-PayTV Services selected by the Customer. A CMH-PayTV subscription contract starts at conclusion of the contract and runs for a fixed term, depending on the CMH-PayTV Service selected by the Customer (“Initial Contract Term”). During the Initial Contract Term, the Customer can terminate the subscription contract at any time as of the end of the Initial Contract Term. After expiry of the Initial Contract Term, the subscription contract will be automatically extended for an indefinite period and can be terminated by the Customer at any time. In this case, any User Fee paid by the Customer in advance will be refunded on a pro rata basis.
5.2. During a trial period in the Initial Term of a CMH-PayTV subscription, the Customer may terminate the Contract at any time. To terminate a subscription contract, use the Termination button in the CMH website or write an email to support@clipmyhorse.tv.
5.3. CMH-PayTV Contracts for other types of subscription to CMH-PayTV Services have a fixed term and end on expiry of such term, which is displayed in the “My Account” tab.
5.4. If the Customer fails to meet his/her payment obligations under the CMH-PayTV Contract in whole or in part, despite a reminder with a reasonable deadline set by CMH, which can also be sent to the email address provided by the Customer, CMH is entitled to terminate Customer's access to the CMH-PayTV offer and the subscription contract without notice.
5.5. These Terms of Use do not affect the right of both CMH and the Customer to terminate CMH-PayTV Contracts for cause.
6.1. All CMH Content (CMH-FreeTV and CMH-PayTV) provided, made accessible and made available by CMH is protected by law and in particular by copyright. The CMH Content may only be used for private and non-commercial purposes and only for the purposes specified in these Terms of Use.
6.2. Insofar as necessary for the lawful use of the CMH Content in accordance with these Terms of Use, the Customer shall receive a non-exclusive, non-transferable or sub-licensable right to use the selected CMH Content himself/herself for private, non-commercial purposes in accordance with these Terms of Use. Using the provided CMH Content in any other way is prohibited. In particular, the Customer shall not edit, modify, copy and/or make available to the public or offer for purchase the CMH Content and shall not use it to promote other websites, Services or commercial product portfolios. In case of CMH-PayTV Services, the right to use the content starts as soon as CMH activates Customer’s access to the respective CMH Content. In case of CMH-FreeTV content, the rights of use are granted at the latest at that point in time when the content is available for retrieval by the Customer. The rights of use are granted for a limited period of time. The duration of the right of use depends on the respective CMH-PayTV contract concluded and ends without further action on the part of the Customer or CMH upon termination of the respective CMH-PayTV contract concluded, at the latest upon termination of the Customer's CMH-PayTV contract; in the case of CMH FreeTV Content, the right of use shall continue at the latest until withdrawn by CMH.
6.3. Should the Customer use the CMH Content made available by CMH in violation of the Contract and in particular make it available to the public (e.g. via social media) or culpably discloses his/her access data to third parties, the Customer shall owe to CMH damages in the amount of twice the User Fee for the CMH-PayTV Contract concluded by the Customer, unless the Customer is not responsible for such use in violation of the Contract. This also applies to conduct by Customers in violation of the Contract in connection with the use of the CMH-FreeTV Services; in this case, Customer shall owe compensation in the amount of twice the annual fee of a CMH-PayTV subscription. The Customer reserves the right to provide evidence of lower damages; CMH reserves the right to provide evidence of higher damages. CMH reserves the right to assert claims for damages against third parties.
6.4. Only persons who are of legal age are entitled to take out a CMH-PayTV contract. Minors must only use the CMH-PayTV Services under adult supervision.
6.5. The person who has registered as a Customer with CMH has access to and control over the customer data and is responsible for all activities in connection with the customer account. The disclosure of access data to the customer account to third parties is not permitted. The Customer is obliged to update the information provided in connection with the customer account and must ensure that it is always up to date. CMH is entitled to terminate CMH-PayTV contracts immediately for cause if the Customer, in violation of the Contract, discloses the access data to third parties.
7.1. The Customer is solely responsible to ensure that he/she has access to hardware and software that meets the requirements for using the Services. The display quality of the content may vary depending on the end device and is dependent on various factors, such as Customer's location, the available bandwidth or the speed of the Internet connection. The minimum speed for viewing content in standard resolution is 0.5 Mbit/s. However, a faster connection is recommended for better image quality.
7.2. With the conclusion of a CMH-PayTV contract, the Customer is entitled to access the corresponding CMH-PayTV Services or, outside of current CMH-PayTV Contracts, the CMH FreeTV Services via his/her own end devices. End devices are Internet-enabled devices such as a corresponding TV set and mobile devices such as tablets and personal computers. Generally, the CMH Content can only be used on one end device of a subscriber who is in possession of a customer account created and registered according to these Terms of Use. Concurrent use of CMH Content on several end devices is not permitted. CMH has the right to protect the customer account from access beyond Customer’s level of authorization and to refuse access to the CMH-PayTV Services.
7.3. The provision of CMH Content is limited to the country in which Customer is permanently resident at the time of registration, and to the member states of the EU if and to the extent that the law stipulates that use must be made possible in these countries during temporary stays.
8.1. The Services are subject to continuous modification, improvement and enhancement. In this context, CMH may make adjustments to the Service and its content. CMH has to right to make modifications, such as introducing new functions or removing obsolete functions and content, particularly for justified cause as follows:
8.2. Legally required updates will be provided by CMH in due course in order to keep the digital content, Services and goods legally compliant and to ensure that the digital content and Services meet the expected quality standards. To this end, CMH shall inform the Customer about available updates. If the Customer fails to install updates within a reasonable period of time, CMH shall not be liable for a product defect solely due to the lack of such update, unless Customer’s failure to install the update or to install it properly is due to incorrect installation instructions provided to Customer.
8.3. Modifications or adjustments to any part of the Services will only be made for justified reasons and after careful consideration of the reasonableness of the modifications, the interests and legitimate expectations of the Customers and the potential impact. In case of a modification having a negative effect on the use of the Service or Customer's access, CMH will inform the Customer well in advance by email. In addition to details on the planned modification, this email will also name the date of implementation and contain a notice on the option to terminate the Contract if more than just minor negative effects for the Customer are to be expected. The above shall not apply to modifications introduced to prevent misuse or damage, or for modifications becoming necessary for legal reasons or ensuring the security and functionality of the Service.
9.1. CMH shall be liable without limitation for damage resulting from intent and gross negligence. For damage resulting from slightly negligent breaches of essential contractual obligations (material contractual obligation), CMH’s liability shall be limited to the damage typically foreseeable at the time of conclusion of the Contract, with the exception of injury to life, limb and health. The above limitations of liability shall also apply to breaches of duty by CMH's legal representatives or vicarious agents.
9.2. CMH shall not be liable for delays in the provision of Services, disruptions and/or interruptions of Services owed due to force majeure, i.e. circumstances beyond CMH's control. These include, but are not limited to, earthquakes, extreme weather conditions including floods, war, pandemics, fire and other natural disasters as well as acts and/or omissions of third parties providing Services such as telecommunications providers or electricity suppliers.
9.3. The Customer is entitled to the statutory warranty claims (Section 327i BGB - German Civil Code). CMH does not warrant that the Services will function free of faults and will be available at all times or completely or free of faults. CMH warrants that the platform at the time of provision is as described in the Contract. Generally, the Services are available at any time during night and day. We reserve the right to interrupt the Services briefly for maintenance and updates. This work will preferably be executed between 02:00 and 04:00 a.m. German time.
10.1. CMH has the right to transfer claims against the Customer from the CMH-PayTV Contract to a third party without Customer’s consent. CMH shall inform the Customer of this 4 weeks before a transfer of all rights and obligations (“Contract Takeover"). In the event of a Contract Takeover, the Customer has the right to terminate the CMH-PayTV Contract at the time the Contract Takeover takes effect. With the exception of a monetary claim, the Customer is not entitled to transfer rights and obligations from the CMH-PayTV contract to third parties without the consent of CMH, insofar as CMH has an interest in this that deserves protection.
10.2. CMH has to right to modify the Terms of Use if the Customer can reasonably be expected to access such modification in consideration of the CMH’s interests. The Customer shall be deemed to have consented to the modification of the Terms of Use unless the Customer objects to the modification within four weeks of receipt of the notification of amendment. CMH undertakes to include in the notification of modification a notice informing the Customer of the consequences of failing to object. If the Customer objects in due time, CMH may terminate the existing CMH-PayTV Contract between the parties at the time at which the modified or supplementary terms of use come into force. The above regulation does not apply to the significant terms of the contractual relationship, in particular to type and scope of the contractually agreed mutual obligations and the term.
10.3. Any invalidity of a regulation of these Terms of Use does not affect the validity of the other regulations of these Terms of Use. Invalid regulations shall be replaced by valid ones that come as close as possible to the intended economic significance of the invalid regulations. This applies analogously in case of any gaps in the Contract needing to be filled.
10.4. The Contract concluded on the basis of these Terms of Use is subject to the law of the Federal Republic of Germany. Mandatory protective provisions of the law of the country in which the Customer, provided he/she is a consumer, has his/her habitual residence remain applicable.
10.5. The European Commission provides a platform for online dispute resolution (ODR). It is available at http://ec.europa.eu/consumers/odr/. CMH is neither obliged nor willing to participate in dispute resolution processes.
Standard Terms and Conditions of ClipMyHorse.TV Operations GmbH, Wiesbaden;
As of 01/2024