General Terms and Conditions of Business

Germany

Edition May 2012 / Download

PREAMBLE

“Zattoo” denotes the services in question or Zattoo Europe Ltd .. You can find further information on the website.
Zattoo is an online platform operated by Zattoo Europe Ltd., Eggbühlstrasse 28, CH-8050 Zurich on which various services, in particular streaming of TV programs, are offered. The services are accessible via various domains (e.g. www.zattoo.com) as well as software (Zattoo-Player) and applications.
The services may be free of charge or subject to charge depending on criteria such as region and device. When charges are applicable, it is explicitly displayed.. There may be regional variations in the scope of services; in particular certain TV channels that are available in one country may not be available in other countries.
By registering with Zattoo as a user you accept the following General Terms and Conditions of Business(GTC) for the use of Zattoo. The services offered are aimed exclusively at persons of fullage; only persons of full age are permitted to register.
The GTC apply to Zattoo users residing in Germany.

1. REGISTRATION

1.1 The use of Zattoo is generally only possible by registered users. Use may be dependent on payment of a fee.

1.2 After registration, receipt will be immediately confirmed to the user electronically, whereby the registration is accepted. The contractual relationship does not come into existence until the registration has been accepted. Acceptance may also be implied, in particular by activation of the services on Zattoo.

1.3 The user gives the assurance that all data transmitted within the scope of registration are true and complete.

1.4 The user may only use Zattoo for his own purposes within the scope of his personal user account. Permitting the use of the user account by third parties is prohibited.

2. PAID SERVICES

2.1 Zattoo reserves the right to change its business model at any time. For example, to only provide certain or all services for a fee. If applicable, Zattoo will publish the respective price list on Zattoo. The user is free to decide to continue using the services then subject to charge or to cancel the contract.

2.2 The payment of the fee only entitles the user to access the services defined for that particular country. Zattoo displays a list of the paid content on offer, its duration of validity and associated rates including VAT on its website.

2.3 A contract does not come into existence when the user places an order; rather the user is simply making an offer. After ordering, receipt will be immediately confirmed to the user electronically, whereby the order is accepted. The contractual relationship between auser and Zattoo does not come into existence until the registration has been accepted. Acceptance may also be implied, in particular by activation of the paid services.

2.4 Fees are due for the duration of the term. The payment systems listed on the order page, in particular credit cards and PayPal, are accepted methods of payment. The collection of payment is, as a rule, done by the relevant service provider commissioned with the payment processing. Insofar as the service provider commissioned integrates its own general terms and conditions of business, these apply alongside the GTC of Zattoo. If fees cannot be collected the user will bear all costs arising from that to the extent that he is responsible for the event perpetuating the costs. Zattoo may send the user invoices by email.

2.5 Zattoo will store the contract and send the user the order data and GTC by email. The user will also find a link to the GTC on www.zattoo.com. The user can find past orders in his user account.

3. CANCELLATION INSTRUCTION

3.1 Right of cancellation: You may cancel your declaration of agreement within 14 days in written form (e.g. letter, fax, email) without giving reasons. The period commences after receipt of the notice in written form, however not before contract formation and also not before fulfilment of our obligations to inform in accordance with article 246 section 2 in combination with section 1 subsections 1 and 2 EGBGB [Introductory Act to the German Civil Code] and also our obligations in accordance with section 312e subsection 1 clause 1 BGB [German Civil Code] in combination with article 246 section 3 EGBGB. For complying the cancellation deadline, timely dispatch of the cancellation is sufficient.
The cancellation must be sent to:

Zattoo Europe Ltd.
Eggbühlstrasse 28
CH-8050 Zurich
Switzerland
Email: legal@zattoo.com

3.2 Consequences of cancellation: In the event of an effective cancellation the services received by either side are to be returned and if applicable, benefits derived (e.g. interest) surrendered. If you are unable to return the service received to us in total or in part you must offer compensation. This may lead to you having to meet the contractual payment obligations for the period up to cancellation notwithstanding. Obligations for the reimbursement of payments must be met within 30 days. The period commences for you on dispatch of the notice of cancellation and commences for us with receipt of the same.
– End of the cancellation instruction.

4. OBLIGATIONS OF THE USER

4.1 The user is not permitted to make the access data transmitted to him or her for authentication and identification available to third parties.

4.2 Zattoo uses technical measures to restrict usage of the services to certain geographic areas (geo-filtering). The user undertakes not to circumvent the technical measures used for this.

4.3 The user undertakes not to post on Zattoo any content that contravenes legal regulations, official directives or public decency. No content must be posted or disseminated that infringes the rights of third parties. The same applies to content that is pornographic or harmful to young people or propaganda material for anti-constitutional organizations and parties.

4.4 The user must only use the services for his own personal purposes. The user must, in particular, not enable access to or use of the services by third parties, e.g. to an unspecified group of people by using the services in public areas such as e.g. cinemas, theatres, exhibitions, showrooms, hotels, bars, restaurants or other public areas. The reception or redistribution of the content as well as the use of the services in such areas is illegal and infringes on the rights of third parties, in particular intellectual property rights.

4.5 Zattoo may reserve the use of the services for persons who fulfill certain requirements (e.g. persons of full age). The user is responsible for ensuring that the services are only available to people who meet the requirements. In particular, the user undertakes to observe the applicable regulations on the protection of minors from media content harmful to young people.

5. SPECIAL SERVICES

5.1 “Apps” for mobile phones

If you receive the services via an application, in particular for a mobile phone or a tablet PC and have downloaded the application from the shop of a third party, its general terms and conditions of business apply.

6. ADVERTISING

Zattoo may use advertising material, for example, when launching the service or switching between TV channels. Such advertising may be targeted insofar as that is allowed by law based on the information provided by the user as well as based on his use of the services.

7. DATA PROTECTION

You can find details on the protection and use of your data by Zattoo in the Data Protection Notice. There is a link to the GTC and the Data Protection Notice on www.zattoo.com.

8. LIMITATION OF LIABILITY AND INDEMNITY

8.1 Zattoo is liable only in accordance with the following provisions: Zattoo has unlimited liability for damage caused by Zattoo or by its legal representatives, executive staff or simple agents intentionally or with gross negligence.. Zattoo is not liable in cases of slight negligent infringement of minor contractual obligations. With respect to the infringement of essential contractual obligations (obligations upon the observance of which the contracting partners should be able to rely and the fulfilment of which makes the implementation of the contract possible), the liability of Zattoo for damages caused by slight negligence is limited to those damages that must typically be expected to arise within the scope of the relevant contractual relationship. This also applies in the event of slightly negligent breaches of duty by the legal representatives, executives or simple vicarious agents of Zattoo. The aforementioned limitations of liability do not apply in the event of fraudulent intent, in the event of injury to life, limb and health, for infringement of guarantees as well as for claims arising from product liability.

8.2 The user undertakes to indemnify Zattoo, its parent company, subsidiaries, associated companies, executives, directors, employees, agents, suppliers or vicarious agents against all claims by third parties that may be asserted against one or all the aforementioned persons in connection with violations by the user of his obligations arising from these GTC and/or the laws applicable to him. The user will assume all reasonable costs which arise for Zattoo, including the reasonable costs arising for the legal defense. The user is free to demonstrate that Zattoo has in fact incurred lower costs. The aforementioned indemnity obligation of the user does not exist insofar as the user is not responsible for the violations.

9. TERM OF CONTRACT, TERMINATION, REPAYMENTS

9.1 If the user has subscribed to paid services, the contract of use for the paid services initially runs for the booked minimum period of use. After that the contract of use is extended by respective extension periods of the same duration if they are not terminated by the user or by Zattoo more than 24 hours before the expiry of the minimum period of use. Termination of the paid services may be done in the user account or by email to legal@zattoo.com. In the case of termination by Zattoo, by email to the address provided by the user during registration. The right of termination for good cause remains unaffected.

9.2 Insofar as the object of the contract of use is only for free services, the contract of use may be terminated both by the user and also by Zattoo with a notice period of fourteen days by email to the email address legal@zattoo.com or the email address provided by the user during registration.

9.3 A good cause reason for the extraordinary termination of the contract of use is present, in particular if the continuation of the contractual relationship until the expiry of the ordinary notice period is unreasonable, taking into account all the circumstances of the individual case and the interests of the user. Good cause reasons for Zattoo are, in particular, the following events:
• Violation by the user of applicable law;
• Violation by the user of essential contractual obligations.

9.4. In the event of termination of the contract of use on the part of Zattoo in accordance with “9.3” as well as termination by the user, the repayment of any fees paid in advance is excluded unless the user terminates for good cause arising from Zattoo’s sphere of influence.

10. CHANGES TO THE SERVICES

Zattoo reserves the right to change the content and the structure of Zattoo as well as individual services at any time. This also includes introduction of a payment requirement for all or certain services or their partial or complete suspension.

11. GENERAL PROVISIONS

11.1. Transferability

The user is not entitled to transfer or assign rights or obligations from these GTC to third parties. Zattoo is entitled to transfer rights and obligations arising from this contract to a third party. Zattoo will inform the user in writing about the transfer; the user will have the right to extraordinary termination. The termination must be received by Zattoo in writing within 14 days after receipt of the notice of transfer by the user.

11.2 Amendments and additions

Zattoo reserves the right to amend these TC at any time and without giving any reasons insofar as the amendments are reasonable for the user. Minor amendments, in particular ones that serve the adaptation of these GTC to new technical developments, new legal regulations or serve new case law or insofar as the amendment is necessary to reflect organisational changes, in particular in the ordering or payment process are considered reasonable. The right to make further minor changes for comparable reasons also remains reserved for Zattoo.
The user will be informed of the proposal for amendment by Zattoo in writing or by email. The amendments are considered to be approved if the user does not object to them in writing. Zattoo will draw particular attention to this consequence in the notification letter.
The user’s objection must be received within 6 weeks of receipt of the notification. If the user exercises his right to object, the contract will continue without the proposed amendments to the GTC. Zattoo’s right to terminate the contract remains unaffected by this.
Significant amendments to these GTC require the consent of the user.

12. APPLICABLE LAW

These GTC and the contractual relationship are subject to Swiss law.

Switzerland

Edition May 2012 / Download

PREAMBLE

“Zattoo” denotes the services in question or Zattoo Switzerland Ltd.. You can find further information on the website.
Zattoo is an online platform operated by Zattoo Switzerland Ltd., Seestrasse 30a, CH-8806 Bäch on which various services, in particular streaming of TV programs, are offered. The services are accessible via various domains (e.g. www.zattoo.com) as well as software (Zattoo-Player) and applications.
The services may be free of charge or subject to charge depending on criteria such as region and device. When charges are applicable, it is explicitly displayed.. There may be regional variations in the scope of services; in particular certain TV channels that are available in one country may not be available in other countries.
By registering with Zattoo as a user you accept the following General Terms and Conditions of Business(GTC) for the use of Zattoo. The services offered are aimed exclusively at persons of fullage; only persons of full age are permitted to register.
The GTC apply to Zattoo users residing in Switzerland.

1. REGISTRATION

1.1 The use of Zattoo is generally only possible by registered users. Use may be dependent on payment of a fee.

1.2 After registration, receipt will be immediately confirmed to the user electronically, whereby the registration is accepted. The contractual relationship does not come into existence until the registration has been accepted. Acceptance may also be implied, in particular by activation of the services on Zattoo.

1.3 The user gives the assurance that all data transmitted within the scope of registration are true and complete.

1.4 The user may only use Zattoo for his own purposes within the scope of his personal user account. Permitting the use of the user account by third parties is prohibited.

2. PAID SERVICES

2.1 Zattoo reserves the right to change its business model at any time. For example, to only provide certain or all services for a fee. If applicable, Zattoo will publish the respective price list on Zattoo. The user is free to decide to continue using the services then subject to charge or to cancel the contract.

2.2 The payment of the fee only entitles the user to access the services defined for that particular country. Zattoo displays a list of the paid content on offer, its duration of validity and associated rates including VAT on its website.

2.3 A contract does not come into existence when the user places an order; rather the user is simply making an offer. After ordering, receipt will be immediately confirmed to the user electronically, whereby the order is accepted. The contractual relationship between auser and Zattoo does not come into existence until the registration has been accepted. Acceptance may also be implied, in particular by activation of the paid services.

2.4 Fees are due for the duration of the term. The payment systems listed on the order page, in particular credit cards and PayPal, are accepted methods of payment. The collection of payment is, as a rule, done by the relevant service provider commissioned with the payment processing. Insofar as the service provider commissioned integrates its own general terms and conditions of business, these apply alongside the GTC of Zattoo. If fees cannot be collected the user will bear all costs arising from that to the extent that he is responsible for the event perpetuating the costs. Zattoo may send the user invoices by email.

2.5 Zattoo will store the contract and send the user the order data and GTC by email. The user will also find a link to the GTC on www.zattoo.com. The user can find past orders in his user account.

3. OBLIGATIONS OF THE USER

3.1 The user is not permitted to make the access data transmitted to him or her for authentication and identification available to third parties.

3.2 Zattoo uses technical measures to restrict usage of the services to certain geographic areas (geo-filtering). The user undertakes not to circumvent the technical measures used for this.

3.3 The user undertakes not to post on Zattoo any content that contravenes legal regulations, official directives or public decency. No content must be posted or disseminated that infringes the rights of third parties. The same applies to content that is pornographic or harmful to young people or propaganda material for anti-constitutional organizations and parties.

3.4 The user must only use the services for his own personal purposes. The user must, in particular, not enable access to or use of the services by third parties, e.g. to an unspecified group of people by using the services in public areas such as e.g. cinemas, theatres, exhibitions, showrooms, hotels, bars, restaurants or other public areas. The reception or redistribution of the content as well as the use of the services in such areas is illegal and infringes on the rights of third parties, in particular intellectual property rights.

3.5 Zattoo may reserve the use of the services for persons who fulfill certain requirements (e.g. persons of full age). The user is responsible for ensuring that the services are only available to people who meet the requirements. In particular, the user undertakes to observe the applicable regulations on the protection of minors from media content harmful to young people.

4. SPECIAL SERVICES

4.1 “Apps” for mobile phones

If you receive the services via an application, in particular for a mobile phone or a tablet PC and have downloaded the application from the shop of a third party, its general terms and conditions of business apply.

4.2 Recording

Upon receipt of a subscription to the Zattoo Subscription Plan, the User is entitled, within the scope of these General Terms and Conditions, to save content to the User’s private folder on the Zattoo servers for later private usage (hereinafter “Private Copy”).

Usage of the Private Copy under the Zattoo Subscription Plan entitles the User to play the Private Copy for personal use and for the duration of the subscription. The User may not save the Private Copy, or parts thereof, on his or her computer, except to the extent that this is part of the features offered by Zattoo. The User may not give access to the Private Copy, or parts thereof, to other users or persons on their computers.

Zattoo reserves the right, on whatever legal grounds, to amend, adjust or delete the User’s Private Copy at any time, and may furthermore make changes to the content or services accessible under the Zattoo Subscription Plan.

5. ADVERTISING

Zattoo may use advertising material, for example, when launching the service or switching between TV channels. Such advertising may be targeted insofar as that is allowed by law based on the information provided by the user as well as based on his use of the services.

6. DATA PROTECTION

You can find details on the protection and use of your data by Zattoo in the Data Protection Notice. There is a link to the GTC and the Data Protection Notice on www.zattoo.com.

7. LIMITATION OF LIABILITY AND INDEMNITY

7.1 Zattoo is liable only in accordance with the following provisions: Zattoo has unlimited liability for damage caused by Zattoo or by its legal representatives, executive staff or simple agents intentionally or with gross negligence.. Zattoo is not liable in cases of slight negligent infringement of minor contractual obligations. With respect to the infringement of essential contractual obligations (obligations upon the observance of which the contracting partners should be able to rely and the fulfilment of which makes the implementation of the contract possible), the liability of Zattoo for damages caused by slight negligence is limited to those damages that must typically be expected to arise within the scope of the relevant contractual relationship. This also applies in the event of slightly negligent breaches of duty by the legal representatives, executives or simple vicarious agents of Zattoo. The aforementioned limitations of liability do not apply in the event of fraudulent intent, in the event of injury to life, limb and health, for infringement of guarantees as well as for claims arising from product liability.

7.2 The user undertakes to indemnify Zattoo, its parent company, subsidiaries, associated companies, executives, directors, employees, agents, suppliers or vicarious agents against all claims by third parties that may be asserted against one or all the aforementioned persons in connection with violations by the user of his obligations arising from these GTC and/or the laws applicable to him. The user will assume all reasonable costs which arise for Zattoo, including the reasonable costs arising for the legal defense. The user is free to demonstrate that Zattoo has in fact incurred lower costs. The aforementioned indemnity obligation of the user does not exist insofar as the user is not responsible for the violations.

8. TERM OF CONTRACT, TERMINATION, REPAYMENTS

8.1 If the user has subscribed to paid services, the contract of use for the paid services initially runs for the booked minimum period of use. After that the contract of use is extended by respective extension periods of the same duration if they are not terminated by the user or by Zattoo more than 24 hours before the expiry of the minimum period of use. Termination of the paid services may be done in the user account or by email to legal@zattoo.com. In the case of termination by Zattoo, by email to the address provided by the user during registration. The right of termination for good cause remains unaffected.

8.2 Insofar as the object of the contract of use is only for free services, the contract of use may be terminated both by the user and also by Zattoo with a notice period of fourteen days by email to the email address legal@zattoo.com or the email address provided by the user during registration.

8.3 A good cause reason for the extraordinary termination of the contract of use is present, in particular if the continuation of the contractual relationship until the expiry of the ordinary notice period is unreasonable, taking into account all the circumstances of the individual case and the interests of the user. Good cause reasons for Zattoo are, in particular, the following events:
• Violation by the user of applicable law;
• Violation by the user of essential contractual obligations.

8.4. In the event of termination of the contract of use on the part of Zattoo in accordance with “8.3” as well as termination by the user, the repayment of any fees paid in advance is excluded unless the user terminates for good cause arising from Zattoo’s sphere of influence.

9. CHANGES TO THE SERVICES

Zattoo reserves the right to change the content and the structure of Zattoo as well as individual services at any time. This also includes introduction of a payment requirement for all or certain services or their partial or complete suspension.

10. GENERAL PROVISIONS

10.1. Transferability

The user is not entitled to transfer or assign rights or obligations from these GTC to third parties. Zattoo is entitled to transfer rights and obligations arising from this contract to a third party. Zattoo will inform the user in writing about the transfer; the user will have the right to extraordinary termination. The termination must be received by Zattoo in writing within 14 days after receipt of the notice of transfer by the user.

10.2 Amendments and additions

Zattoo reserves the right to amend these TC at any time and without giving any reasons insofar as the amendments are reasonable for the user. Minor amendments, in particular ones that serve the adaptation of these GTC to new technical developments, new legal regulations or serve new case law or insofar as the amendment is necessary to reflect organisational changes, in particular in the ordering or payment process are considered reasonable. The right to make further minor changes for comparable reasons also remains reserved for Zattoo.
The user will be informed of the proposal for amendment by Zattoo in writing or by email. The amendments are considered to be approved if the user does not object to them in writing. Zattoo will draw particular attention to this consequence in the notification letter.
The user’s objection must be received within 6 weeks of receipt of the notification. If the user exercises his right to object, the contract will continue without the proposed amendments to the GTC. Zattoo’s right to terminate the contract remains unaffected by this.
Significant amendments to these GTC require the consent of the user.

11. APPLICABLE LAW

These GTC and the contractual relationship are subject to Swiss law.

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