General Terms and Conditions Rushlake Media VOD
1 – Scope
The following General Terms and Conditions, in the version valid at the time of conclusion of contract, apply exclusively to the streaming of films on the video-on-demand platform (hereinafter: VOD platform) including all subdomains as well as subpages. Any other general terms and conditions of the contractual party shall not apply to this contract. In the context of these General Terms and Conditions, streaming is the use of a film without permanently copying it to a customer's end device.
2 – Conclusion of Contract
2.1 – Contractual Partner
Contracts for the streaming of films on the VOD platform shall be concluded solely between the customer and
Rushlake Media GmbH
50678 Cologne, Germany
(hereinafter: Provider), even if the contract is concluded on a website (subdomain) of a cooperating film provider. Direct legal relationships with any other natural or legal persons are not established. The responsibility for the VOD platform lies exclusively with the Provider.
2.2 – Customer Account
The films offered on the VOD platform can be viewed without prior registration. The prior registration of a customer account is necessary in order to be able to stream films via the VOD platform.
2.3 – Ordering Process
On the VOD platform, the customer can add one or more films to his/her shopping cart. In carrying out the ordering process by providing login data and payment information as well as by submitting an order by clicking the “Buy now” button, the customer submits a binding offer for the conclusion of a contract. The contract is concluded when the Provider performs, i.e. release of the films ordered for streaming.
2.4 – Prices
The prices shown at the time of ordering apply. All prices are final prices in EUR.
2.5 – Payment
While placing an order, the customer can choose between different payment methods. The exact order in which the payment shall be processed is dependent on the payment method selected. Discount codes, which were made available to the customer, can be redeemed upon ordering.
3 – Streaming of Films
The ordered films can be viewed on the VOD platform after the order process has been concluded and the Provider has released the films. In order to stream films, the customer must meet the following system requirements:
Windows: x86- or x64-Processor with 1,6 GHz or faster (64-Bit is supported for Internet Explorer only), 512 MB RAM
Mac: Intel Core Duo-Processor with 1,83 GHz or faster, 512 MB RAM
The recommended minimum bandwidths of the online connection, in order to stream films via the VOD platform are as follows:
0.5 Mbit/s – Minimum required bandwidth
1.5 Mbit/s – Minimum recommended bandwidth
3.0 Mbit/s – Recommended for standard definition quality
5.0 Mbit/s – Recommended for HD quality
A DSL-2000 internet connection offers a bandwidth of 1.5 Mbit/s, which is sufficient for streaming without using the connection for other online activities at the same time, i.e. internet surfing, email traffic or Facebook.
4 – Granting of Rights
The films offered are protected by copyright and ancillary copyright laws. For the purpose of streaming, the Provider grants the customer one-time limited usage rights to repeatedly watch the ordered film on the Provider's platform within 48 hours in the area indicated in the film description for private use and not for commercial use. Further rights of usage shall not be granted; in particular, the creation of a permanent local copy of a film is not allowed.
5 – Liability
The Provider is only liable for willful intent and gross negligence. This limitation of liability does not apply to injury of life, body or health of a person as well as to breach of a major contractual obligation. Major contractual obligations are those which enable the achievement of the contractual objective and the observance of which the contractual partners regularly rely on. In the event that the Provider violates a major contractual obligation, the obligation to provide compensation is limited to typical and foreseeable damages.
6 – Data Privacy
The customer can find detailed information on the type, scope, place, and purpose of the collection, processing, and utilization of data for the provision of the VOD platform on the Provider's website under privacy
7 – Amendments to the General Terms and Conditions
The Provider reserves the right to change these General Terms and Conditions at any time with effect on the future.
8 – Miscellaneous
The laws of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If any provision of these General Terms and Conditions is invalid, the validity of the remaining provisions shall remain unaffected.
General Terms and Conditions version: January 7, 2015