General Terms of Use

 

§ 1 Scope, Amendment

  1.  Spect8.live is a streaming service of vAudience GmbH, Friedrich Bergius Ring 15, 97076 Würzburg, represented by the managing director Dr. Toni Wagner – hereinafter referred to as “Spect8.live” – on which event organizers – hereinafter referred to as “providers” – can feed events that can be viewed by users via the platform. The following terms and conditions conclusively regulate the contractual relationship between Spect8.live and the respective provider. 
  2. These Terms of Use shall apply exclusively. Conflicting conditions or conditions of the providers that deviate from these terms of use will not be recognized, unless Spect8.live has expressly agreed to them in individual cases.
  3. They apply exclusively to entrepreneurs. Entrepreneur in the sense of these Terms and Conditions is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when placing an order.
  4. Spect8.live reserves the right to change the Terms and Conditions at any time without giving reasons. In this regard, Spect8.live will notify the provider of the change in the Terms and Conditions no later than two weeks before the change comes into effect and send it to the provider. If the provider does not object to the changed terms and conditions within two weeks from receipt of the change notification, then the changed terms and conditions of use are considered accepted. If the provider objects to the changed terms and conditions in due time, Spect8.live is entitled to terminate the contract at the point in time at which the changed terms and conditions of use are to come into effect or to continue the contract at the previous terms and conditions.
  5. The conclusion of the contract takes place exclusively in the German language. The Terms of Use and the contracts concluded with reference to these Terms of Use shall be governed exclusively by German law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. 
  6. All price quotations are net euro prices plus the applicable statutory value-added tax.

 

§ 2 Registration, Conclusion of Contract

  1.  In order to use the services of Spect8.live, the provider must first register completely and truthfully on the platform. With the complete registration on the platform, the provider receives an e-mail with the confirmation of the creation of the access. 
  2. The contract between Spect8.live and the provider is concluded by the provider agreeing to these terms of use during the registration process. 
  3. The provider is obliged to keep the access data and especially his password in a proper way, to keep them secret and not to pass them on to unauthorized third parties.
  4. The provider is obliged to inform immediately about any changes of the given data.
  5. There is no right to conclude a contract with Spect8.live. Spect8.live can reject a registration of a provider without giving reasons.

 

§ 3 Subject matter of the contract

  1. Spect8.live provides the provider with the contractually agreed services at the contractually agreed time. 
  2. The scope of the services to be provided by Spect8.live results from the service offer of our associated websites at the time of the conclusion of the contract. 
  3. Unless otherwise agreed, Spect8.live may also use third parties for the performance of the services. The provision periods shall be extended without prejudice to Spect8.live’s rights due to default of the provider by the period in which the respective contractual partner does not meet its obligations towards Spect8.live.

 

§ 4 Blocking

  1. Spect8.live can block the account of a provider if the provider violates the terms and conditions or applicable law. 
  2. Spect8.live can block a provider in particular if the provider has given false information during registration, violates these terms and conditions, violates the rights of third parties, misuses services of spect8.live or if there is another important reason. 
  3. In the event that the provider has no scheduled, ongoing events active in the system and/or has no other chargeable content online, Spect8.live may also block the provider without cause if the provider has no legitimate counter-interest.
  4. If the provider’s account has been blocked by Spect8.live, the provider is not entitled to register again.

 

§ 5 Term of contract, Fee, Termination

  1. The contract of use for the platform is principally valid for an unlimited period. 
  2. The use of the services of Spect8.live is in principle free of charge. Live events/streams via Spect8.live are always compulsorily chargeable for viewers, so that Spect8.live finances itself through this, see § 8. 
  3. For all payments Spect8.live uses the payment service provider Stripe, operated by Stripe Inc, 165 Jesse St Ste 2, San Francisco, CA 94105.
  4. The right to extraordinary termination without notice remains unaffected. An extraordinary reason for termination is given in particular if the provider repeatedly violates these Terms of Use.

 

§ 6 Services of Spect8.live

  1. Spect8.live provides the providers with a live streaming portal under https://spect8.live or under alternative platforms and/or applications to be determined by Spect8.live at its reasonable discretion – without there being a legal claim to further applications – which offers the providers the possibility to broadcast events via the Internet. 
  2. Spect8.live provides feature sets. The scope of the features depends on the respective offer/agreement. 
  3. Prerequisite for the use of Spect8.live’s services are any end device (tablet, smartphone, PC), an active internet connection as well as a common browser (namely: Mozilla Firefox, Microsoft Edge, Google Chrome, Opera and/or Safari; each in the current version) or a corresponding platform-specific app.
  4. Spect8.live creates tickets for the respective event of the provider.
  5. Spect8.live checks the GEMA membership of a provider.

 

§ 7 Duties of the provider

  1. The provider is obliged to use the services of Spect8.live only for the contractual purposes.
  2. In order to create an event, the provider is obliged to create a “vAudience sub-account” with the payment service provider Stripe. The provider undertakes to provide the information truthfully and completely. Only after Spect8.live has fully validated the sub-account, the provider can publish his event. 
  3. The provider is obliged to specify an event duration when creating an event. The provider can choose between the options “short” (30-60 minutes event duration), “medium” (60-120 minutes event duration) and “long” (over 120 minutes event duration).
  4. The provider is obliged to fulfill the agreed event duration as a minimum. In case a cancellation of more than 10% (cumulative per event) happens and this cancellation is in the risk area of the provider, the provider is obliged to refund the corresponding tickets. Spect8.live is entitled to agree to corresponding requests of users itself. 
  5. The provider undertakes to broadcast the event exclusively via Spect8.live. The provider is prohibited from broadcasting the event on other platforms. This also applies with regard to the playback of recorded events.

 

§ 8 Ticket Prices, Payment

  1. The provider shall set a price for the ticket of the respective event, whereby the provider shall observe the minimum and maximum prices set by Spect8.live. 
  2. Payments made by customers for ticket prices are made directly to the payment service provider Stripe.
  3. Spect8-live shall deduct from the ticket prices paid per customer the fees agreed upon when setting the event.  
  4. The remaining amount will be paid out to the Stripe “vAudience Sub-Account” of the provider within 30 days after the end of the event after the event has been successfully held as agreed.

 

§ 9 Withdrawal/ Changes by the provider after the start of the sale

  1. If the provider lawfully withdraws after the start of ticket sales, the ticket price shall be refunded to the customer by the payment service provider Stripe. The costs incurred by Stripe for the refund shall be borne by the provider.
  2. If a created event does not take place after the start of ticket sales without the provider having lawfully withdrawn, the ticket price will be refunded to the customer by the payment service provider Stripe. The costs incurred by Stripe for the refund shall be borne by the provider. There is a flat processing fee of 100 euros to be reimbursed by the provider to Spect8.live. The provider can prove that the cancellation of the event is not within his sphere of risk and/or that Spect8.live did not incur any expenses in this amount. 
  3. In cases of clauses 1 and 2, Spect8.live is entitled to block the provider’s account. Spect8.live will reactivate the provider’s account in case of clause 1, if the provider reimburses the costs for the refund. In the case of item 2, the provider’s account will not be activated.
  4. The provider is entitled to change the date for an event after the start of ticket sales. This applies only once per event. The event must be held within a period of six weeks after the original event date. If the provider has already postponed the event date once, Spect8.live is not permitted to postpone the event again. The refund of ticket prices is governed by section 1. Spect8.live is also entitled to block the account in the event of a second request for a change of date and/or an unjustified cancellation and/or if the event is not held for reasons for which the provider is responsible.
  5. The provider can make changes to the content of his event (e.g. changes to the announced supporting program).  After the start of ticket sales, customers are entitled to request a refund of the ticket price paid via the payment service provider Stripe. The costs incurred by Stripe for the refund shall be borne by the provider.
  6. If the provider falls short of the specified event duration according to §7 No. 3 by more than 10% of the specified minimum duration, the ticket price paid shall be refunded to the customer. The refund will be made via the payment service provider Stripe. The costs incurred by Stripe for the refund shall be borne by the provider.

 

§ 10 Withdrawal/ Revocation of the Customer

If the customer exercises his right of withdrawal or revocation lawfully, the provider does not bear any costs for the refund.

 

§ 11 Technical requirements

The provider is obligated to ensure the proper use of appropriate hardware and software as well as a sufficient internet connection. The incoming streams on the servers of Spect8.live must meet at least the following criteria: Full-HD (1920×1080) video resolution, 25 frames per second, stereo audio with at least 44kHz.

 

§ 12 Prohibited content

No content may be posted that
a) violates the rights of third parties, in particular property rights, copyrights, rights to a name, ancillary copyrights or trademark rights.
b) glorifies violence or is of a pornographic nature or otherwise violates provisions of the Criminal Code or the Youth Protection Act.
c) contain viruses, Trojan horses or other programs that are capable of damaging, intercepting or deleting data or systems.
d) are not suitable for minors under German law.

 

§ 13 System availability

  1. Spect8.live offers a network availability of 99% on an annual average. 
  2. Excluded from this are the times for maintenance and servicing work by Spect8.live, which will be announced in due time (at least 2 weeks). In this context, the provider is obliged to name a contact person who will be notified by email in these cases.

 

§ 14 Warranty and liability

  1. The provider undertakes to immediately report any defects or damage that could disrupt the operation or security of the service. In doing so, the provider shall take all measures that enable the defects or damages and their causes to be determined or that facilitate or accelerate their elimination. 
  2. Whether a defect exists shall be determined in accordance with the statutory provisions. Accordingly, a defect exists in particular if the application does not fulfill the functions specified in the service description or does not function properly in another way, so that the use of the application is impossible or only possible to a limited extent. 
  3. Spect8.live is obligated to remedy defects in the software without delay. When rectifying defects, Spect8.live shall endeavor to ensure that no interruption of use occurs. 
  4. Spect8.live shall be liable without limitation for damages caused intentionally or by gross negligence, in the event of fraudulent concealment of defects, in the event of the assumption of a guarantee of quality, for claims based on the Product Liability Act as well as for injury to life, body or health. 
  5. Spect8.live is only liable for other damages if an obligation is violated, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance of which the provider may regularly rely (cardinal obligations). 
  6. In the cases of paragraph 5, the liability is limited to the typically foreseeable damage. 
  7. The aforementioned limitations of liability also apply to the vicarious agents of Spect8.live.

 

§ 15 Force majeure

Spect8.live is exempt from the obligation to perform in cases of force majeure. Force majeure is defined as all unforeseen events as well as such events whose effects on the fulfillment of the contract are not the responsibility of either party. These events include in particular pandemics, epidemics and lawful industrial action, also in third party companies as well as official measures.

 

§ 16 Rights of use

  1. The providers grant Spect8.live an exclusive right of use for the copyright relevant works of the live stream for the intended use according to these terms of use.
  2. Even after termination of the live stream, the exclusive right of use of Sepct8.live to the copyright relevant works of the provider continues.
  3. The provider assures that he has the rights to the works and – if persons are depicted – that they agree with the publication or that another legitimation fact exists. 
  4. The provider allows Spect8.live in particular the publication for advertising purposes according to § 17 No. 2.

 

§ 17 Storage, Advertising, Sale, Download

  1. Spect8.live is entitled to store the entire event of a provider for an unlimited period of time, among other things for the purpose of preserving evidence. 
  2. Spect8.live is exclusively entitled to use recordings of the event of up to 60 seconds as advertising material for its own purposes. Spect8.live may make the recordings available to the provider for the provider’s own advertising purposes via download if the provider submits a request to Spect8.live stating the type of use of the recordings. There is no claim to the use of the recordings created by Spect8.live by the provider for advertising purposes.
  3. Spect8.live is entitled to offer the entire stream as well as individual recordings of the event for sale on the platform. A sale by Spect8.live ends no later than twelve months after the end of the event.

 

§ 18 Indemnification

  1. The provider indemnifies Spect8.live, its employees, agents and vicarious agents from all claims or demands of third parties – including reasonable costs for legal defense – arising from or in connection with this agreement and alleged violations of this agreement or the alleged violation of rights of third parties. Spect8.live reserves the right to assume the exclusive defense and assume alone any potential dispute that may result in an indemnification claim against the provider. The indemnification obligations of the respective provider remain unaffected. It remains at Spect8.live’s discretion whether or not to accept claims in the event of a not obviously unfounded claim by a third party. In case of an acceptance of such a claim by Spect8.live, the provider cannot refer to the fact that such a claim does not exist. It can, however, avert this possibility if it expressly accepts liability for further action. 
  2. Spect8.live will inform the provider immediately within the scope of what is legally permissible if third parties or authorities assert claims against it or if indications become known that a violation of legal and/or official regulations or an infringement of third party rights attributable to the provider exists. 
  3. The provider will support Spect8.live to the best of his ability in the legal defense. If the infringement of rights attributed to Spect8.live is based on the fact that data, designs and/or other information made accessible online by the provider or at the instigation of the provider violate copyrights, trademark rights and/or other industrial property rights of third parties, Spect8.live can demand that the provider, in addition to the costs of the appropriate legal defense, also assume the costs of any damages. 
  4. Spect8.live is entitled to immediately remove or deactivate the offer if there are indications that these could violate the rights of third parties. Indications for an illegality and/or an infringement of rights exist in particular but not exclusively if authorities and/or other third parties take measures of any kind against Spect8.live and/or the provider and base these measures on the allegation of an illegality and/or an infringement of rights.

 

§ 19 Data security, Data protection

  1. The provider is aware and agrees that Spect8.live can access the data at any time for maintenance, contract fulfillment and care purposes. 
  2. For registration the provider is asked for personal data. This data is duly collected and used in accordance with the legal provisions, in particular the DS-GVO and the BDSG. The scope, purpose and nature of the use of personal data are set out in the privacy policy of Spect8.live. The provider assures Spect8.live that he has read and understood Spect8.live’s privacy policy.

 

§ 20 Final provisions

  1. If the parties are registered traders, the city of the registered office of Spect8.live is agreed upon as the place of jurisdiction for all disputes arising from or in connection with the present contract. 
  2. Should one or more clauses of these terms of use be invalid in whole or in part, this shall not affect the validity of the remaining provisions.

 

Status: July 28, 2021