1.1. ClipMyHorse.TV is a service provided by ClipMyHorse.TV Operations GmbH, Wandersmannstr. 68, 65205 Wiesbaden (hereinafter referred to as "CMH"). Consumers (hereinafter also referred to as "Customers") can access content for private purposes via the internet (web-based, as an application (hereinafter "CMH-App") or via SmartTV) (together hereinafter referred to as "Service") after registering and paying a fee ("CMH Content"). For this purpose, the customer can acquire access rights in the form of subscriptions (in particular premium memberships and Badminton-Pass) and various one-time memberships with a fixed duration, including options for downloading specific CMH content for a fee during the term of a premium membership, known as Download-To-Own ("DTO") (hereinafter collectively referred to as "PayTV Contracts").
1.2. The use of the "CMH Content" is governed by these Terms and Conditions (hereinafter referred to as "Usage Terms").
2.1 In order to use CMH Content, the customer must first register with CMH. The customer guarantees that the information provided about themselves and any other relevant contractual circumstances during the offer and/or conclusion of the contract is complete and correct. The customer agrees to promptly inform CMH of any changes to their data by updating their information in the "My Account" section. Upon CMH's request, the customer must confirm the data.
2.2 To register, the customer must provide 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, Slovak, Danish, Hungarian, and Polish, and the Terms of Use are available in German and English.
2.4 By selecting the type of membership, registering, providing payment details and a billing address, and clicking the "Start Paid Membership" button on the CMH website or, where applicable and available, via the CMH app, the customer submits a binding offer to CMH to conclude a PayTV contract (hereinafter referred to as "Order"). After receiving the order, CMH will send a confirmation of receipt to the email address provided by the customer. With this confirmation of receipt, which also constitutes CMH’s acceptance of the offer, the PayTV contract is concluded (hereinafter referred to as "Acceptance"). Any input errors can be corrected at any time during the ordering process in the provided input mask. The process can also be canceled by the customer until the offer is submitted by clicking the "Place Order with Payment Obligation" button.
2.5 CMH stores the customer's offer for the PayTV contract and the entered data. Upon sending the acceptance, the customer receives the contractual terms, which can be printed and/or saved electronically. Additionally, the most current version of these Terms of Use at the time of the respective contract conclusion can be accessed, downloaded, saved, and printed from [https://www.clipmyhorse.tv/de_DE/terms]. However, CMH reserves the right to only publish the most current amended version of the Terms of Use on the website in the event of future changes and to make only this version available for retrieval. If an earlier version of the Terms of Use remains applicable for a customer’s PayTV contract, the earlier version will no longer be available for retrieval on the website once the amended version becomes effective.
If you are a consumer, you have a statutory right of withdrawal.
Right of Withdrawal Notice
Expiration of the Right of Withdrawal
In the case of a contract that obligates you to pay a price for the provision of digital content not provided on a physical medium, your right of withdrawal expires prematurely if we begin performance of the contract after you have expressly agreed that performance will begin before the withdrawal period has expired and you have acknowledged that by giving this consent, you lose your right of withdrawal once the performance of the contract begins. We must also provide you with a confirmation of the contract, which includes the contract content and the aforementioned conditions for the premature expiration of the right of withdrawal, on a durable medium.
Model Withdrawal Form
(If you wish to withdraw from the contract, please fill out this form and send it back.)4.1. The total price, including all taxes and fees, for PayTV contracts will be provided to the customer before submitting their order ("usage fee"). The amount of the usage fee depends on the selected PayTV contract and is always inclusive of any applicable VAT. The current price list can be accessed at "https://www.clipmyhorse.tv/register/choose_form." Usage fees are due as specified during the order process, unless explicitly stated otherwise, and are collected or debited based on the payment method chosen by the customer (e.g., direct debit, PayPal, credit card) at the due date.
4.1.1 Premium Memberships: The usage fee for premium memberships is due depending on the subscription model selected by the customer – either annually or monthly (for the first time after the PayTV contract is concluded). If an annual payment plan for a premium membership is selected, each subsequent usage fee will be due twelve (12) months after the due date of the usage fee in the previous year. If a monthly payment plan for a premium membership is selected, each subsequent usage fee will be due at the beginning of the following month after the due date of the usage fee in the previous month.
4.1.2 Badminton Pass: The usage fee for the Badminton Pass is due immediately upon the conclusion of the PayTV contract for the first time. If the Badminton Pass is extended, the usage fee for the extension will be due on the following April 15th of the respective year (see the terms for durations under Section 5 of these Terms and Conditions).
4.1.3 Other Pay-TV Contracts: The usage fee for other Pay-TV contracts, aside from the ones mentioned above, is due immediately upon conclusion of the contract, unless the due date is explicitly stated otherwise in the order process.
4.2. If the payment method "direct debit" (Bankeinzug) is selected and the bank account details are provided, CMH is irrevocably authorized to debit the due amount from the account specified by the customer. If the direct debit is not processed due to insufficient account funds or because of incorrect bank account details provided by the customer, or if the customer disputes the debit without being entitled to do so, the customer shall bear any fees incurred by the respective bank due to the reversal of the transaction. If costs arise from other payment methods due to reasons attributable to the customer, the above provision applies accordingly.
5.1. The term of a PayTV contract depends on the selected offer as follows, unless explicitly stated otherwise in the order process:
5.1.1 Premium Memberships: In the case of a premium membership and other subscriptions (except for the Badminton Pass, see 5.1.2), the term begins with the conclusion of the contract and has a fixed duration depending on the selected offer ("initial contract term"). During the initial contract term, the subscription can be canceled at any time with effect at the end of the initial contract term. After the initial contract term, the subscription automatically renews for an indefinite period and can be canceled at any time. Any usage fees paid in advance by the customer will be refunded on a pro-rata basis in this case.
5.1.2 Badminton Pass (Subscription): A Badminton season generally runs from April 15 of one year to April 14 of the following year. When a PayTV contract is concluded for a Badminton Pass, the initial contract term of the Badminton Pass begins immediately, unless stated otherwise in the order process, and ends on the following April 14. During the initial contract term, the Badminton Pass can be canceled at any time with effect at the end of the initial contract term. After the initial contract term, the Badminton Pass automatically renews for an indefinite period and can be canceled at any time. Any usage fees paid in advance by the customer will be refunded on a pro-rata basis in this case.
5.1.3 Pay-TV Contracts: with a Fixed Term: If a PayTV contract with a fixed term is concluded, the contract will end at the expiration of this term, which can be viewed at any time in the "My Account" section.
5.2. A cancellation by the customer can be made via the cancellation button on the CMH website or by email to support@clipmyhorse.tv. A cancellation by CMH can be sent to the email address provided by the customer.
5.3. If the customer fails to meet their payment obligations under the PayTV contract, either partially or in full, 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 the PayTV contract extraordinarily and without notice.
5.4. These terms and conditions do not affect the right of both CMH and the customer to terminate the PayTV contract extraordinarily for a significant reason.
6.1. All CMH content provided, made accessible, and made available by CMH is legally and particularly protected by copyright. To the extent necessary for the lawful use of the CMH content under these terms and conditions, the customer receives a simple, personal, non-transferable, and non-sublicensable right to use the CMH content covered by their PayTV contract in accordance with these terms and conditions. The granting of the usage right begins only when the respective CMH content is unlocked by CMH. The usage rights are granted for a limited time. The duration of the usage rights depends on the respective PayTV contract and ends automatically upon termination of the respective PayTV contract, without further action from the customer or CMH.
6.2. The use of CMH content may only be for private and non-commercial purposes and only for the purposes defined in these terms and conditions. Other types of use of the provided CMH content are excluded, and in particular, the customer is not authorized to:
6.3. In the event that the customer uses the CMH content provided by CMH in violation of the contract, particularly by making it publicly accessible (e.g., via social media) or sharing their access data with third parties in breach of contract, the customer is obligated to pay compensation amounting to double the usage fee of the PayTV contract they entered into with CMH, unless the customer can prove they were not responsible for the unlawful use. The customer may provide evidence of a lower damage; CMH reserves the right to prove higher damage. Claims for damages against third parties remain reserved for CMH.
6.4. Only individuals who are of legal age are entitled to enter into a PayTV contract. Minors are only allowed to use CMH content under the supervision of an adult.
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 related to the customer account. The sharing of access credentials to the customer account with third parties is not permitted. The customer is obliged to update the information provided in connection with the customer account and ensure that it is kept up to date. CMH is entitled to terminate PayTV contracts without notice if the customer has provided access credentials to third parties in violation of the contract.
7.1. The customer is solely responsible for ensuring that they have the necessary hardware and software to use the service. The quality of content display may vary depending on the device and is influenced by factors such as the customer's location, 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. By concluding a PayTV contract, the customer is entitled to access the corresponding CMH content with their own devices. Devices are internet-enabled devices such as a compatible TV and mobile devices like tablets and personal computers. The use of CMH content may only be accessed on one device of the customer that has a customer account created and registered according to these terms and conditions. Simultaneous use of CMH content on multiple devices is not permitted. CMH has the right to protect the customer account from access beyond this authorization and to refuse access to CMH content.
7.3. The provision of CMH content is limited to the country in which the customer has their permanent residence at the time of registration, and to the member states of the EU, insofar as the law requires that use must be allowed during temporary stays.
8.1. The service is continuously changed, improved, and developed. In this context, CMH may make adjustments to the service and the content. CMH is entitled to make changes, such as adding new features and removing outdated features or content, particularly for the following valid reasons:
8.2. Legally required updates, referred to as updates, will be provided by CMH in due course to ensure that the digital content, services, and goods remain in compliance with legal requirements and meet the expected quality standards. In this regard, CMH will inform the customer about available updates. If the customer fails to install updates within a reasonable period, CMH shall not be liable for any product defects caused solely by the absence of these updates, unless the customer's failure to install the update or improper installation is due to a faulty installation guide provided to the customer.
9.1. CMH is liable for damages resulting from intentional actions and gross negligence without limitation. For damages arising from the slight negligent violation of essential contractual obligations (cardinal duties), CMH’s liability—except for damages to life, body, and health—is limited to the damage typically foreseeable at the time of contract conclusion. The above limitations of liability also apply to breaches of duty by CMH’s legal representatives or vicarious agents.
9.2. CMH is not liable for delayed performance, disruptions, and/or interruptions of owed services due to force majeure, meaning circumstances beyond CMH's control. These include, but are not limited to, earthquakes, extreme weather conditions such as floods, war, pandemics, fire, and other natural disasters, as well as actions and/or omissions by third parties providing services, such as telecommunications providers or energy suppliers.
9.3. The customer is entitled to statutory warranty claims (§ 327i BGB). CMH does not guarantee that the service operates without errors, or that it is constantly, fully, or error-free available. CMH guarantees that the platform meets the contractual condition at the time of its provision. The service is generally available at all hours of the day and night. We reserve the right to temporarily interrupt the service for maintenance and updates, which will preferably be conducted between 2:00 and 4:00 AM German time.
10.1. CMH is entitled to transfer claims under the PayTV contract against the customer to third parties without the customer's consent. In the case of a transfer of all rights and obligations ("contract assumption"), CMH will inform the customer about this 4 weeks in advance. In the event of a contract assumption, the customer has the right to terminate the PayTV contract at the time the contract assumption becomes effective. The customer is not entitled to transfer rights and obligations from the PayTV contract to third parties without CMH's consent, except for claims related to money, provided that CMH has a legitimate interest in protecting such rights.
10.2. CMH is entitled to change the terms of use, provided that the change is reasonable for the customer, taking into account the interests of CMH. The customer's consent to the change is deemed to be granted unless the customer objects within four weeks of receiving the notice of the change. CMH is committed to informing the customer, in the notice of change, about the consequences of not objecting. If the customer objects within the deadline, CMH is entitled to terminate the PayTV contract with the customer at the time the modified or additional terms of use come into effect. The above regulation does not apply to essential provisions of the contractual relationship, particularly the nature and scope of the agreed mutual services and the duration.
10.3. The invalidity of any provision of these terms and conditions does not affect the validity of the remaining provisions. Invalid provisions shall be replaced by those that come closest to the intended economic meaning of the invalid provision. The same applies in the event of any gaps that need to be filled.
10.4. The contract formed by these terms and conditions is subject to the law of the Federal Republic of Germany. Mandatory protective provisions of the law of the country in which the customer, who is a consumer, has their habitual residence remain applicable.
10.5. The European Commission provides a platform for online dispute resolution (ODR). You can find it at http://ec.europa.eu/consumers/odr/. CMH is neither obligated nor willing to participate in the dispute resolution procedure.
"General Terms and Conditions of ClipMyHorse.TV Operations GmbH, Wiesbaden"
Status 03/2025