TERMS AND CONDITIONS FOR demystify-color.com
1. GENERAL INFORMATION
1. Welcome to demystify-color.com
demystify-color.com is a subscription service provided by ARTJUNGLEproductions e.U. with a registered office at Belvederegasse 30/1, 1040 Vienna, AUSTRIA (hereinafter referred to as “ARTJUNGLEproductions e.U.”, “WE” or “OUR”) or - in case the legal notice indicates another legal entity - that legal entity shall be the provider and your contractual partner for the use of demystify-color.com (such entity be hereinafter also referred to as “ARTJUNGLEproductions e.U.”, “WE” or “OUR”). The following Terms and Conditions (hereinafter “T&C”) set out the rules which apply to you (“USER”, “YOU” or “YOUR”) as a user of demystify-color.com. As used herein, “demystify-color.com SERVICE”, “OUR SERVICE”, “THE SERVICE” or “demystify-color.com” means the service provided by ARTJUNGLEproductions e.U. for discovering and watching our product, including all features and functionalities, applications, website, and user interfaces, as well as all content and software associated with our service.
2. Changes to the T&C, Latest Version
ARTJUNGLEproductions e.U. reserves the right to review and revise the T&C from time to time, in particular to satisfy the requirements of providers of platforms for the distribution of applications. We will inform you about any such change and will provide you with an updated version of the T&C (“NEW T&C”). You may object to the New T&C within a period of 14 days. If you do object you can no longer make use of the ARTJUNGLEproductions e.U.+ and we ask you to delete it from all your devices. Other than that, the New T&C will become effective after expiration of the 14 days period.
The original version of the T&C is in English language. Any translated version is for your convenience and information purposes only. In case of disputes the English version shall prevail.
Please contact us via our contact form (available under https://www.demystify-color.com/mentoring) or via email under firstname.lastname@example.org if you have a question, complaint or comment about the demystify-color.com services, its application or content or if you are aware that these T&C are being breached by another user or a third party.
2. demystify-color.com SERVICE
1. The demystify-color.com service is currently offered in English language only.
2. You must be 16 years of age to subscribe to the demystify-color.com service. Individuals under the age of 18 may utilize the service only with the involvement of a parent or legal guardian, under such person's account and subject to these T&C.
3. demystify-color.com and its services are available via internet.
4. You may use demystify-color.com services for strictly private purposes only. No commercial use is permitted, and you are in particular not allowed to make the services publicly available (please see also in paragraph 7.3 below), e.g. on the internet, in forum(s) or group(s), on social media platform(s), in bar(s), in restaurant(s), in club house(s), etc. In case of a violation we are entitled to terminate the contract with you and claim reasonable damages from you.
5. You may view our service only in geographic locations where we offer our service and have it licensed. The content that may be available to watch will vary by geographic location.
6. The number of devices on which you may simultaneously use demystify-color.com is limited to two. The number of devices available for use simultaneous may change from time to time at our discretion.
7. We continually update our service. In addition, we test various aspects of our service, including our website, user interfaces, promotional features, availability of features, delivery and pricing on a regular basis. We reserve the right to include you or exclude you from these tests without notice.
8. You must use our service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the service or content therein.
9. The availability of our service will change from time to time. The quality of the display of the streaming features may vary depending on your device, display, operating systems and settings and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your internet connection. For more requirements in relation to the required operating systems, browsers and hardware find information under https://www.demystify-color.com/faqs. Not all content is available in HD. HD availability is further subject to your internet and/or mobile service and device capabilities. You are responsible for all charges relating to your internet access and mobile data use. Please check with your access provider for information on data usage charges.
10. ARTJUNGLEproductions e.U. makes no representations or warranties about the quality of your watching experience on your device or display.
3. SUBSCRIPTION AND PAYMENT
1. ARTJUNGLEproductions e.U. Subscription
1. By submitting your completed registration form and clicking the ‘Pay Now’ button you are sending us your binding offer to conclude a subscription contract for the demystify-color.com services. You must have internet access, a valid e-mail and provide us with a valid and accepted method of payment (as such may be updated from time to time, “PAYMENT METHOD”) to use the demystify-color.com service. Once you have submitted your offer, we will immediately send you an e-mail confirmation of your offer. A binding contract is formed when you receive the confirmation from us or by our grant of access to the demystify-color.com service for you (“demystify-color.com SUBSCRIPTION” or “CONTRACT”).
2. The demystify-color.com Subscription will continue and extend automatically on a monthly or annual basis unless and until your demystify-color.com Subscription is terminated either by you via withdrawal or termination or if we terminate it. We will bill the monthly or annual subscription fee to your Payment Method. In order to avoid billing of the next month's or annual's subscription fee to your Payment Method you must cancel your demystify-color.com Subscription before it renews automatically each month or each year.
1. Recurring Payments
The monthly or annual rate for your demystify-color.com Subscription is displayed in the ordering process as a total price (total price of monthly or annual services including taxes). By starting your demystify-color.com Subscription you authorize ARTJUNGLEproductions e.U. to charge to your Payment Method upon start of your demystify-color.com Subscription the monthly or annual subscription fee and any other charges for payable services you may use in connection with your demystify-color.com Subscription and ARTJUNGLEproductions e.U. service. The monthly or annual rate for our demystify-color.com Subscription will be charged unless and until you cancel your demystify-color.com Subscription. ARTJUNGLEproductions e.U. will automatically charge your subscription fee to your Payment Method each month or each year on the same calendar day your demystify-color.com Subscription started or, if such date does not occur in such month or year, on the last day before such date in the applicable month or year. Your renewal date may change due to changes in your demystify-color.com Subscription. You acknowledge that the amount charged each month or each year may vary from month to month or year to year for reasons that may include differing amounts due to promotional offers and/or changing or adding subscription plans, and you authorize us to charge such varying amounts to your Payment Method, which may be charged monthly or yearly in one or more transactions.
2. Price Changes
In the event the pricing for our services will change and in particular increase, we will notify you thereof in advance per email. Price changes will only take effect following such notice to you and your consent. You may object to the price changes within a period of 14 days. If you do object we are allowed to terminate the service and you can no longer use the demystify-color.com service, however, you will continue to have access to the service until the end of your current billing period.
3. No Refunds
demystify-color.com Subscription fees are fully earned upon payment. Payments are non-refundable (this also applies for the shop) and there are no refunds or credits for partially used periods. Following any cancellation, you will continue to have access to the service until the end of your current billing period.
4. Payment Methods.
You can find the Payment Method currently accepted (e.g. credit cards such as Visa/MasterCard/American Express), PayPal & Bank Transfer at ‘My Profile’. We reserve the right to adapt the Payment Method from time to time in ARTJUNGLEproductions e.U.’s sole discretion. You may edit or update your Payment Method information by visiting our website and clicking on ‘My Profile’. If a payment is not successfully settled due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account as set forth herein, you remain responsible for any uncollected amounts and costs in connection therewith and you authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates.
1. You may terminate your demystify-color.com Subscription at any time, and you will continue to have access to the demystify-color.com service until the end of your monthly or annual billing period. To terminate your demystify-color.com Subscription, please send us an email to: email@example.com.
2. ARTJUNGLEproductions e.U. may terminate this agreement subject to one (1) month’s notice in case of an annual subscription or one (1) week’s notice in case of a monthly subscription, or for good cause at any time. A good cause is, in particular, filing of an insolvency petition or refusal to commence insolvency proceedings for lack of estate. A good cause for termination is, furthermore, if you default on payment of the continuing fees in an amount of two (2) monthly fees or, in case you have an annual payment plan, default on payment for more than four (4) weeks; or the demystify-color.com service is ceased in its entirety.
3. ARTJUNGLEproductions e.U. may, in its sole discretion, without prior notice, block, suspend or terminate your access to the service in its entirety or in parts depending on the individual case, if ARTJUNGLEproductions e.U. determines or has reasonable grounds to suspect that you have breached these T&C or your use of demystify-color.com may cause damage. In addition, a breach of the T&C may constitute a fraudulent offence and result in legal claims and damages as well as criminal prosecution.
5. RIGHT OF WITHDRAWAL AND EXCEPTIONS FROM THE WITHDRAWAL RIGHT
1. Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the formation of the contract. To exercise the right of withdrawal, you must inform us (ARTJUNGLEproductions e.U., Belvederegasse 30/1, 1040 Vienna (phone +4366475007430, e-mail: firstname.lastname@example.org) of your decision to withdraw from this contract by a definite and clear statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
2. Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such 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 such reimbursement.
3. Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract)
To ARTJUNGLEproductions e.U., Belvederegasse 30/1, 1040 Vienna (phone +4366475007430, e-mail: email@example.com:
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
Ordered on (*)/received on (*),
Name of user(s),
Address of user(s),
Signature of user(s) (only if this form is notified on paper), Date
(*) Delete as appropriate
Exemption from withdrawal right
You will lose your right of withdrawal before the end of the withdrawal period if we begin with the performance of our services and you have given your express consent to the beginning of the performance before the end of the withdrawal period and your acknowledgment that you lose your right of withdrawal by giving this consent with the beginning of the performance. We will inform you about this exemption from your withdrawal right and ask for your express consent and acknowledgment within the ordering process. Beginning of our performance means the granting of access to our service or products.
6. THIRD PARTY SOFTWARE
1. Third Party Software
demystify-color.com may utilize or include third party software that is subject to free and open source and/or third party license terms (“THIRD PARTY SOFTWARE”). Your right to use such Third Party Software as part of demystify-color.com is subject to and governed by the terms and conditions of a free and open source software (“FOSS”) initiative or third party license applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. Any information or terms and conditions regarding Third Party Software is included under the Section ‘FAQ’ of demystify-color.com.
2. Other Third Party Content, Services.
demystify-color.com may utilize or include digital content or services of third party providers (“THIRD PARTY CONTENT” or “THIRD PARTY SERVICES”). Your right to use such Third Party Content or Third Party Service via demystify-color.com or as part of demystify-color.com may be subject and governed by additional terms and conditions of the third party providing those services. If you do not agree with such additional terms and conditions you may not use the respective Third Party Content or Third Party Service.
7. USER CONTENT, OBLIGATIONS AND USE RESTRICTIONS
1. User Content
In case demystify-color.com provides for functionalities that enable the user to upload and/or post, transmit or otherwise make available any content (“USER GENERATED CONTENT” also “UGC”) the user agrees that such UGC is made available to others via or in connection with the demystify-color.com service.
1. Caution. You must be aware that any action, activity and/or information displayed or provided on or via demystify-color.com is conducted by trained and experienced professionals and it is your responsibility to take precautions and use common sense when using demystify-color.com.
2. Registration. During your registration to use demystify-color.com you must enter correct and complete data and keep such information up to date at all times.
3. ARTJUNGLEproductions e.U. Reputation. The user must not cast a negative light on ARTJUNGLEproductions e.U., ARTJUNGLEproductions e.U.’s affiliates, or their activities, businesses or brands. You shall in particular refrain from using or posting, uploading, transmitting through, or otherwise making available through the demystify-color.com, any content in connection with: (a) illegal products, content, services or materials; (b) any products, content, services or materials concerning or relating to obscenity, pornography or similarly adult-themed material; (c) coverage of accidents, assaults, catastrophes or riots.
3. Use Restrictions. You may not use demystify-color.com for the purposes described in sections 7.3.1 to 7.3.5 below.
1. Exploitation. You may not reproduce, copy, post, republish, broadcast, publicly display, record, offer, transmit, distribute or edit A demystify-color.com or any of its services or content in its entirety or any parts thereof. The same shall apply to ideas and concepts of demystify-color.com, any service it is based on, even if not protected by intellectual property rights (“IPR”) or any other applicable law.
2. Content Protection. You must not and must not attempt to breach, surpass or circumvent any applied content protection, digital right management or any other software protecting or assisting demystify-color.com, its application, website, content or any of the service.
3. Harmful Impact. You must not and must not attempt to hamper, disable, interfere or attempt to interfere with demystify-color.com, its application, codes, scripts or any part of it (including its security-related features or any transaction as may be concluded on this service), either via any virus, trojan horses, or other harmful code or script or any other action or tool, which may cause damage to demystify-color.com, its applications, websites, apps, content or any of its service or any technical installation.
4. User for Commercial Purposes. You must not use demystify-color.com or any part thereof for commercial purposes, including without limitation the sale of access to demystify-color.com.
5. Unlawful Activities. You must not use demystify-color.com for any unlawful purpose or for the publication of, linking to, issue or display of any unlawful material (such terms to include, but not be limited to, any pirated software or any material which is obscene, threatening, malicious, deceptive, harmful, abusive, defamatory, intimidating, discriminatory on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability) or which breaches the rights (including, but not limited to IPR) of us and/or any third party or which encourages or procures any criminal activity or contains any virus, trojan horses, or other harmful code or script.
8. WARRANTY FOR DEFECTS, LIABILITY
1. Disclaimer, Warranty for Defects for Free Apps
1. Quality. ARTJUNGLEproductions e.U. makes no express or implied representations or warranties of any kind (and all representations and warranties are expressly rejected to the fullest extent permitted under applicable law) with respect to the accuracy, quality, workmanship, timeliness (including in respect of delivery), functionality, marketability, availability, or completeness of demystify-color.com, services or content provided therein or towards the non-infringement of industrial or intellectual property or any other rights of third parties or the suitability of the content for a particular purpose. Any decision or action taken by you on the basis or in relation to the information provided on or via demystify-color.com are at your sole discretion and risk.
2. Availability. You acknowledge and agree that you access and use demystify-color.com at your own risk on an ‘as is’ and ‘as available’ basis and that we are not liable for any errors or omissions, interruptions or defects in demystify-color.com any availability or delivery (including without limitation whether caused by interruption, deletion, delay in operation, transmission, communication line, errors, omissions or computer virus, trojan horses, or other harmful code or script), unless caused by our negligence and subject always to clause 8.2. We do not warrant that the ARTJUNGLEproductions e.U. service will be corrected. We reserve the right at any time and without notice to interrupt the operation of demystify-color.com (or parts thereof) as may be necessary to perform routine or non-routine maintenance, error correction or mandatory necessary changes.
You agree that we, our and our affiliates’ employees, directors, distributors, licensors and agents shall not be liable, whether in contract, tort (including without limitation negligence) or otherwise and whether such liability is direct, indirect, consequential or special, for any: (i) loss or use of data; (ii) failure to provide our service due to server failure or any event of force majeure including, without limitation, acts of God, war or terrorism, breaches of security or unauthorised use of personal data arising from hacking and/or failure or lack of reception of networks and in each case whether arising in connection with the use of or attempt to use demystify-color.com, the inability to use these items, delays, unavailability, interruption or termination of our provision of demystify-color.com. The foregoing limitations shall not apply in case of wilful misconduct or gross negligence. Nothing in these T&C shall limit or exclude our liability for guaranteed product specifications, for death or personal injury or under the German Product Liability Act.
3. Warranty for and Liability regarding paid Apps or In-App Purchase Function
With regard to paid apps or parts of an app (including content or services) that are subject to an in-app purchase, any limitation of warranty or liability shall only be applicable as far as mandatory applicable laws allow such.
You agree to fully indemnify and hold us, our affiliates, officers, directors, shareholders, employees and agents harmless in respect of any liability, damage, claim, action, expense, demand or cost (including any legal fees in relation to such claim or damage) incurred by us arising from or in connection with your use of ARTJUNGLEproductions e.U. provided that by the respective use the user breaches these T&C or violates any applicable law.
10. ONLINE DISPUTE RESOLUTION ACCORDING TO EU REGULATION:
The European Commission provides an online dispute resolution platform for consumer disputes, available at https://ec.europa.eu/consumers/odr/.
11. INFORMATION ACCORDING TO § 36 GERMAN CONSUMER DISPUTE RESOLUTION ACT:
Please note that we are not prepared and obliged to participate in dispute resolution proceedings before a consumer arbitration board.
12. FINAL PROVISIONS
Each provision of these T&C shall be constructed separately and independently. The effectiveness of these T&C shall not be impaired if any provision of these T&C should be completely or partially invalid or unenforceable. In this case, such provision shall be limited or eliminated to the minimum extent necessary and replaced by a valid provision that best embodies the intent of these T&C, so that these T&C remain in full force and effect.
2. Transfer and Assignments of Granted Rights
The user may not transfer or assign any rights and licenses granted under these T&C.
3. Governing Law and Jurisdiction.
These T&C shall be governed by and construed in accordance with Austrian laws and all disputes arising out of or in connection with these T&C shall be subject to the jurisdiction and courts thereof as far as permitted under applicable data protection, consumer or other mandatory right or law. The application of the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 shall be excluded.