- Scope of application
- Application and conclusion of agreement
- Right of revocation
- Scope of performance
- Internet connection and terminals
- Obligations of the customer
- Trial subscription and prices, payment methods
- Term and termination
- Data protection
- Change of the general terms and conditions
- Final provisions
- Scope of application
1.1 The Service Provider is MEDIT Mediterranean Media Rights, Akazienstraße 3 A, 10823 Berlin (hereinafter "MEDIT" or "We"). MEDIT offers its customers access to a platform which enables them to access Turkish-language film and series offerings ("Content") in order to view (stream) them via various Internet-enabled terminal devices.
1.2 MEDIT's offer is hereinafter referred to as a "Service".
1.4 The General Terms and Conditions can be called up at any time on our website at www.bosphorusmovies.com and can be stored in a reproducible form.2. Application and conclusion of agreement
2.1 A prerequisite for the use of the service is the conclusion of a user agreement. This requires the creation of a customer account ("registration") with MEDIT in advance. The User Agreement shall come into existence upon confirmation by MEDIT or, if confirmation is not given, upon activation of the Service by MEDIT. MEDIT reserves the right, to reject the customer's offer to conclude a utilisation agreement in individual cases at any time in the case of rightful interest. The text of the agreement shall be stored by MEDIT. MEDIT shall send the customer the order data by e-mail after conclusion of the agreement.
2.2 By registering, the customer confirms that all information entered is complete and correct. The service is only available to consumers for private use.3. Right of revocation
You have the right to revoke this agreement within fourteen days without specifying any reasons. The revocation period shall be fourteen days from the date of conclusion of the agreement. In order to exercise your right of withdrawal, you must inform us (MEDIT Mediterranean Media Rights GmbH, Akazienstraße 3 A, 10823 Berlin, e-mail: email@example.com) of your decision to withdraw from this Agreement by means of a clear declaration (e.g. a letter, fax or e-mail sent by post).
You can use the attached model withdrawal form, which is not mandatory. In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation prior to the expiry of the revocation period.
Consequences of the revocation
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event you will be charged for such refund. If you have requested that the Services be commenced during the withdrawal period, you shall pay us a reasonable amount equal to the proportion of the Services already provided up to the time you notify us of the exercise of the right of withdrawal in respect of this Agreement in relation to the total amount of Services provided in the Agreement.
Early expiry of the right of revocation
Your right of revocation expires early in the case of an Agreement for the delivery of digital content not on a physical data carrier if you have expressly agreed that we begin with the execution of the Agreement before the expiry of the revocation period and you have confirmed your knowledge that you lose your right of revocation through your agreement with the beginning of the execution of the agreement.
END OF THE REVOCATION INSTRUCTION
Sample withdrawal form:
If you wish to cancel the Agreement, please fill out this form and send it to MEDIT Mediterranean Media Rights GmbH, Akazienstraße 3 A, 10823 Berlin, Germany, e-mail: info
I hereby revoke the Agreement concluded by me for the provision of the following service:
Signature, date:4. Scope of performance
4.1 After the user agreement has been concluded, MEDIT shall make the contents ordered available to the customer as a one-time call-off or as a repeated call-off (in the case of subscription contracts), depending on the user agreement. The details of the services are set out in the presentation of the offer provided within the framework of the service.
4.2 The number and compilation of content offered within the service may change during the term of the Agreement.
4.3 The content made available by MEDIT within the scope of the Service is protected by law, in particular by copyright and ancillary copyrights. With the conclusion of the user Agreement, MEDIT grants the customer only a non-exclusive, non-transferable, non-sublicensable right of use, which is limited in terms of territory to the Agreement area specified in the order, to use the contents within the specified type of use for personal non-commercial purposes for a limited period of time. Use for public demonstrations is not authorised.5. Internet connection and terminals
5.1 A stable Internet connection is required to use the Service. It is the customer's responsibility to ensure sufficient and constant data transmission. Connection costs should be borne by the customer.
5.2 The Internet-capable terminal device (e.g. TV, computer) required for the use of the contents is not the performance object of the service offered by MEDIT. It is the customer's responsibility to ensure that the terminal device(s) he uses meet the system requirements.6. Obligations of the customer
6.1 Only persons of legal age are entitled to conclude a user Agreement. The login data as well as the youth protection pin, if set up, must be kept secret. Passing on the youth protection pin to minors and third parties is prohibited. The customer may only make his login data available to adult persons belonging to the customer's household. The service may not be passed on for use by third parties.
6.2 The use of the service by the customer has taken place in compliance with all applicable laws and regulations and other restrictions. In particular, the Customer may not interfere with the Service and the associated software or access encryption, or have such interferences carried out, for example to enable unauthorized reception of encrypted content.
The use of devices to avoid encryption is also not permitted.
6.3 The customer shall be liable to MEDIT for damages, costs and expenses caused by culpable breaches of the customer's obligations by MEDIT.
a) the obligations arising from the contractual relationship, or
and shall indemnify MEDIT against any claims of third parties in this respect.7. Trial subscription and prices, payment methods
7.1 The prices of the individual contents and subscriptions are stated in the respective offer presentation. The prices indicated are all inclusive of the applicable statutory value added tax.
7.2 MEDIT offers customers a one-month trial subscription free of charge. A trial subscription can only be claimed once per person, depending on the description of the offer. If the Customer does not terminate or revoke trial subscriptions by the end of the free trial period, the subscription shall be subject to a charge and terminable monthly. The paid subscription is otherwise subject to the conditions agreed upon when the Agreement was concluded.
7.3 The prices for subscriptions may decrease or increase during the term of the Customer's subscription. A price increase during a current Agreement period shall only be effective for the subscription if the customer agrees to it.
Otherwise, the subscription shall expire at the end of the current contractual period without the need for termination by either party.
7.4 MEDIT offers the following payment methods: VISA and Mastercard. We reserve the right with every order not to offer certain payment methods and to refer to other payment methods.
7.5 Subscriptions shall be invoiced to the Customer monthly at the beginning of each billing month and are due immediately unless otherwise stipulated in the invoice.
8. Term and termination
8.1 The user Agreement for a subscription has the term specified in the respective offer description (e.g. 1 month) and is automatically extended by the term specified in the offer description, unless it is terminated before expiry by one of the parties at the end of the Agreement period specified in the offer description. Termination is possible online in the customer account or by e-mail (firstname.lastname@example.org).
8.2 Both parties reserve the right to terminate the Agreement for good cause. An important reason for extraordinary termination exists if the continuation of the contractual relationship up to the expiry of the statutory period of notice is not reasonable taking into account all circumstances of the individual case and weighing the interests of both parties.9.Liability
9.1 MEDIT shall be liable without limitation for damages resulting from injury to life, limb or health resulting from a breach of duty by MEDIT, a legal representative or vicarious agent of MEDIT as well as for damages caused by the absence of a quality guaranteed by MEDIT.
Furthermore, MEDIT shall be liable without limitation for damages caused by MEDIT or one of its legal representatives or vicarious agents intentionally, through gross negligence or fraudulent conduct.
9.2 In the event of a breach of essential contractual obligations caused by slight negligence, MEDIT's liability shall be limited in amount to the foreseeable damage typical for the type of Agreement, except in the cases of Clauses 9.1 or 9.3. Essential contractual obligations are abstract obligations whose fulfilment is essential for the proper performance of a Agreement and on the observance of which the contracting parties may regularly rely. Any other liability on the part of MEDIT is excluded.
9.3 Liability under the Product Liability Act shall remain unaffected by the above provisions.
10. Data protection
The protection of personal data is an important concern for MEDIT. Details on the protection and use of personal data provided by the customer can be found in the data protection declaration [to be linked].
11. Change of the general terms and conditions
MEDIT reserves the right to amend these General Terms and Conditions and/or the User Agreement at any time to the extent that such amendments are reasonable for the customer. Non-essential changes, in particular those that serve to adapt to new legal regulations, new case law or technical developments, are not reasonable. We also reserve the right to make further changes for equivalent reasons. MEDIT shall inform the customer of the proposed change in writing or by e-mail. The changes shall be deemed approved if the customer does not object to them within a period of six (6) weeks after receipt of the notification. MEDIT shall make special reference to this consequence in the notification letter. If the customer exercises his right of objection, the Agreement of use shall be continued without the proposed changes. MEDIT's right to terminate the agreement remains unaffected.
Material changes to these GTC and/or the user Agreement require the customer's consent.
12. Final provisions
12.1 The Agreement between MEDIT and the customer shall be governed by German law. However, the customer is advised that the consumer-protecting regulations of his country of residence shall also apply if he is a consumer.
12.3 The European Commission provides a platform for online dispute resolution which can be accessed via the following link: http://ec.europa.eu/consumers/odr. MEDIT does not take part in alternative dispute resolution proceedings before a consumer arbitration body and is not legally obliged to do so.
AGB, as of: 4 May 18