1. General information
Service provider is:
bubbles media GmbH, with business seat in Jungfrauenthal 14, 20149 Hamburg, Germany „bobbles“.
bobbles offers a platform, which provides access for customers to various TV channels. Hereinafter bobbles’ services will be referred to as “Service(s)”
Unless agreed otherwise, these Terms and Conditions for using bobbles’ Service govern any and all contractual relationship between bobbles and the customer “Agreement”.
The Terms are available on bobbles’ website under bobbles.tv. They can be saved and printed by the customer.
2. User account, conclusion of contract
Customers need to conclude an Agreement to make use of the Service and are required to register a user account with bobbles. The Agreement between bobbles and the customer shall be valid upon acceptance of the customer order by bobbles or, if no specific acceptance is declared, by activating the Service for the customer. bobbles is not obliged to enter into the Agreement and reserves the right to reject a customer order for any good reason. bobbles will save the Agreement between bobbles and the customer and shall provide the customer with a copy of the ordering details by e-mail after the order process.
The customer confirms that all information provided upon registration is accurate and complete. The customer may use the Service for personal use only and must refrain from commercial use. The minimum age for using the Service is eighteen (18) years. Transferring a user account to third parties is prohibited.
3. Right to cancel for consumers
Right to Cancel
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day of the conclusion of the contract. To exercise the right to cancel, you must inform us (bubbles media GmbH, Jungfrauenthal 14, 20149 Hamburg, Germany, Fax: +49 40 41620120, emaill: firstname.lastname@example.org) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or email). You may use the attached model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you any payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay, and not later than:
(a) 14 days after the day we receive back from you any goods supplied, or
(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
(c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. If you requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated us your cancellation from this contract, in comparison with the full coverage of the contract.
Model cancellation form
To bubbles media GmbH, Jungfrauenthal 14, 20149 Hamburg, Fax: +49 40 41620120,
I hereby give notice that I cancel my contract of sale for the supply of the following service:
Name of consumer:
Address of consumer:
Signature of consumer (only if this form is notified on paper):
4. Scope of services
After conclusion of the Agreement, bobbles will provide the customer with the Service (access to TV channels) via internet streaming (OTT) or direct-to-home satellite (DTH), depending on the agreed delivery system.
The number and compilation of TV channels within the Service may change during the Term.
The Service and, in particular, the content of TV channels provided within the Service, is protected by copyright and other intellectual property laws. bobbles grants the customer a limited, non-exclusive and non-transferrable license during the Term within the delineated territory as indicated in the offer description to make personal, non-commercial, entertainment use of the Service “License”. As the License is for personal use only, the customer is not entitled to make the Service available to the public by screen, loudspeaker or similar technical devices.
The customer acknowledges that the use of the Service may require an internet connection and/or third party devices such as a set-top-box, a satellite dish and a TV set. It is the responsibility of the customer, to ensure the availability, performance and compatibility of such customer devices and connections.
5. Customer obligations
The customer shall comply with all applicable legislation, provisions and other restrictions and respect all third-party rights when using the Service. In particular, the customer shall refrain from employing any mechanisms, software or scripts to circumvent access control systems or other technical security measures used by bobbles to prevent unauthorized use of the Service.
The customer shall be liable vis-à-vis bobbles for any culpable violation by the customer of
1. the customer obligations under the Agreement
2. any applicable laws or the rights of third parties
and shall indemnify and hold bobbles harmless from and against all damages, losses and expenses arising out of such violation.
6. Trials and paid subscriptions, payments
bobbles may offer the Service free of charge for a limited period a “Trial”. Such Trial lasts for one month and is intended to allow new customers to try the Service. bobbles can request the customer’s payment information at the beginning of the Trial and will charge the customer for the paid subscription at the end of the free Trial unless the customer cancels the subscription in time prior to the end of the free Trial.
The fees valid for a paid subscription are defined in the respective offer description. All fees are quoted including valued-added-tax.
All fees for paid subscriptions are subject to modifications during the Term. Such modifications are only applicable for a running Term, if the customer consents to the price modification. If the customer does not consent to the price modification, the paid subscription will not automatically be renewed and therefore discontinues at the end of the then current Term.
The following payment methods are offered by bobbles payment provider Payone: VISA, Mastercard, PayPal. However, bobbles reserves the right to offer less than our full range of payment options during the order process.
The fees for the paid subscription will be billed to the customer on a monthly basis in advance and shall be due on receipt, if not indicated otherwise.
7. Term and termination
The Agreement for a paid subscription runs for an initial Term as indicated in the offer description (e.g. one month). The Term shall automatically be renewed for further periods as indicated in the offer description (e.g. one month) unless one of the parties terminates the Agreement with a notice period indicated in the offer description to the end of the then current Term. The customer may terminate the Agreement online in his/her user account or via email or letter.
The right of the parties to terminate the Agreement for good reason and with immediate effect shall remain unaffected.
bobbles shall be liable without limitation for damages resulting from injury to life, limb or health which occur due to a breach of duty by bobbles or one of its legal representatives or vicarious agents. bobbles shall also be liable without limitation for damages owing to a lack of a characteristic warranted by bobbles or due to malicious conduct by bobbles. In addition, bobbles shall be liable without limitation for damages due to intent or gross negligence by bobbles or one of its legal representatives or vicarious agents.
Apart from the cases set out in sections 8.1 and 8.3, bobbles’s liability shall be limited to typical foreseeable contractual damages in the event of a breach of any of its cardinal contractual duties due to slight negligence. Cardinal contractual duties are an abstract description of those obligations whose fulfilment is indispensable for the proper implementation of an agreement and on whose fulfilment the contracting parties can usually rely. Any other liability on the part of bobbles is excluded.
Liability pursuant to the German Product Liability Act shall remain unaffected.
9. Data privacy
bobbles reserves the right to amend these Terms and/or the Agreement without stating a reason at any time, provided the amendment is deemed feasible for the customer. Examples of insignificant amendments as such are the adaption to new technical developments, new statutory regulations or new case law. Other insignificant amendments for equal or similar reasons shall be reserved as well. The amendment notification will be forwarded to the customer in writing or via e-mail. The amendments are considered as accepted, if the customer does not object in writing. bobbles shall advise of this consequence in the notification letter. The customer’s objection must be received within six (6) weeks upon receipt of the notification. If the customer exercises his right to object, the Agreement shall convene without the suggested amendments. bobbles’ right to terminate the Agreement shall remain unaffected. Essential changes to these Terms and/or the Agreement require the customer’s consent.
The Agreement between bobbles and the customer shall be governed by German laws. The customer is advised that this does not affect applicable statutory rights as a consumer in his country of residence.
The European Commission offers a platform for online dispute resolution. The platform is available under the following link: http://ec.europa.eu/consumers/odr.
12. Disclaimer for Visitors of Website(s) / service (s)
The Customer must integrate the following disclaimer to his Website(s) / service (s) usage terms conditions and make this disclaimer properly visible:
Content owners use Microsoft PlayReady ® content access technology to protect their intellectual property, including copyright content. This service uses PlayReady technology to protect certain content. If the PlayReady technology fails to protect the content, content owners may require the service to restrict or prevent the delivery of protected content to specified devices or PC software applications. In certain cases, you may be required to upgrade the PlayReady technology to continue to access the service’s content. If you decline such an upgrade, you will not be able to access content that requires the update.
Terms, 18. Jul. 16
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