with regard to the use of the video-on-demand platform "WATCH AUT" with the domain https://watchaut.film
(As of December 2021)
1.1. HoanzlVertriebsges.mbH (hereinafter "Hoanzl") offers the video-on-demand service "WATCH AUT" (hereinafter also "VoD service") on the Internet platform https://watchaut.film (hereinafter "platform"), which enables its users to access entertainment content (hereinafter "WATCH AUT content") via the Internet on certain Internet-enabled televisions, computers and other devices.
1.2. WATCH AUT content includes all media such as films, videos, video clips, clips, music, sounds, texts, photos, etc. that are made available to the user on the platform.
2.1. In order to be able to use the WATCH AUT service, the user needs internet access as well as a compatible device and the user must register on the platform and set up an account (hereinafter “WATCH AUT account”). Every registered user receives their own WATCH AUT account for an unlimited period of time.
2.2. For registration, among other things, the full name and country of origin of the user, his email address and a password are required. The use and administration of the WATCH AUT service, which is offered on the platform, is only possible with the registration of an account.
2.4. After registering and setting up the WATCH AUT account, the user is entitled to use or access the WATCH AUT services offered on the platform.
2.5. The WATCH AUT service may only be used by natural persons for private use. Any further use is expressly prohibited. A user can only register one account. The user cannot transfer his user account and all associated rights to a third person. The user will treat the access data to his user account confidentially and carefully and will not pass it on to third parties. In the event of abuse, the user is liable in accordance with the care he has taken.
3. Consumer information and right of withdrawal
3.1. In the case of distance sales and contracts concluded outside of business premises, consumers generally have the right to withdraw from the contract within 14 days of the conclusion of the contract without giving any reason (Distance and Foreign Business Act (FAGG) Federal Law Gazette I No. 33/2014). In principle, this also applies to streaming digital films. This would mean that a film could only be made available after 14 days. Otherwise, if the customer withdraws from the contract within the withdrawal period, there would be no obligation to pay for services already provided by the entrepreneur, or WATCH AUT would not be entitled to the corresponding fee for this period.
3.2. Since films usually want to be viewed immediately and not only in 14 days, there is therefore the possibility of agreeing an exception to the right of withdrawal for digital content if the user waives his 14-day right of withdrawal and WATCH AUT is granted the content / film immediately To make available. This requires the express consent of the user.
3.3. The film can be activated immediately with the express consent of the user, his knowledge of the loss of the right of withdrawal and after confirmation of the contract concluded by email, which contains the legal information (confirmation of consent and acknowledgment including the associated consumer information) and the user can use it immediately.
3.4. By ordering WATCH AUT content, the user therefore expressly gives his consent and acknowledges that the digital WATCH AUT content (films) ordered will be made available before the 14-day withdrawal period has expired. The user expressly agrees that in this case he no longer has the right to withdraw and expressly acknowledges the loss of the right of withdrawal.
3.5. The following information about the right of withdrawal only applies to contracts in which no loss of the right of withdrawal has occurred.
3.6. Right of withdrawal for consumers
3.6.1. Users who are consumers within the meaning of the Distance and Foreign Business Act (FAGG) have the right to withdraw from a contract within 14 days without giving reasons. The cancellation period is 14 days from the day the contract is concluded. In order to exercise the right of withdrawal, the user must contact WATCH AUT Vertriebs GmbH, Arbeitergasse 7, 1050 Vienna, email: email@example.com, by means of a clear declaration (e.g. a letter sent by post, fax or E-mail) of the decision to terminate the contract. The withdrawal period is met if the user sends his declaration of withdrawal within the withdrawal period. The user can use the cancellation form attached under Appendix A, but this is not mandatory.
3.6.2. Consequences of resignation
If the user has withdrawn from the contract in a timely manner, WATCH AUT shall immediately provide the user with all payments made by him and at the latest within fourteen days of receipt of the declaration of withdrawal WATCH AUT the same means of payment that the user used in the original transaction unless something else was expressly agreed with the user; In no case will the user be charged any fees for this repayment. Should the user permissibly withdraw from the contract, the consumer has no obligation to pay for services already provided.
4. Use of WATCH AUT
4.1. The user of the WATCH AUT service is entitled to use the WATCH AUT content for the intended private use. The user thus receives the right to use the content within the contractually stipulated time limit for demonstration in the private area in the territory / area specified for non-commercial and non-commercial purposes, taking into account the other provisions of the user contract. The user does not receive any further usage rights. The license for use is not transferable to third parties.
4.2. WATCH AUT content is provided as part of a video-on-demand service. This allows the user to play WATCH AUT content on all compatible devices ("hereinafter" end device "), such as PCs, mobile phones or other corresponding technical end devices, in a private setting by way of streaming in the specified period for the loan.
4.3. The streaming of the WATCH AUT content by the user is only possible digitally. The streaming of WATCH AUT content by the user may only be carried out from a device that is located in the geographic region (territory / area) for which the film is available. WATCH AUT is entitled to control this by storing "cookies" on the user's device and / or by checking the login data, IP address, access and / or payment data.
4.4. For licensing reasons, WATCH AUT can restrict access to the WATCH AUT service or individual content territorially. The service or individual content can therefore only be used from the country that was activated by WATCH AUT. Costs incurred in connection with the use of the WATCH AUT service - such as fees for telephone or data contracts of the user - are to be borne by the user. The same applies in the event that the service is used from abroad. The associated possible additional costs such as roaming costs for the user's mobile data connection must also be borne by the user.
4.5. WATCH AUT is entitled to change the content catalog, the description of services and playback / retrieval / streaming technology if this is necessary for objectively understandable reasons and the offer is not limited or only insignificantly limited for the user. Objectively comprehensible reasons with regard to the change in the content catalog apply, for example, to specifications by the licensor of WATCH AUT, for the description of services and playback / retrieval / streaming, for example, technically necessary adjustments in connection with the browsers and operating systems used or the like or airtime restrictions for the protection of minors. Changes or restrictions due to technically necessary adjustments will be communicated to the user accordingly or which changes are necessary on their part (e.g. use of which browser in which version) so that he can use the offer in full again.
4.6. WATCH AUT is not obliged to provide certain content. The user is not entitled to a specific film being available.
4.7. All content is protected by Austrian and international laws. All rights guaranteed by the copyright law and other laws, in particular all rights of use and ancillary copyrights, property rights and other rights, are expressly reserved to all content. The content may only be used by the user within the framework of this user agreement; Any use going beyond this requires the prior written consent of the rights holder.
4.8. The user agrees not to archive, duplicate, distribute, modify, present or publish content and information that is available on the platform or that he has received from or through the WATCH AUT service, to license, to create derivative works therefrom or to offer for sale. The user also agrees not to circumvent, remove, change, deactivate, reduce or prevent any copy protection in the WATCH AUT service; not to use robots, spiders, web scraping or other automated operations to access the WATCH AUT service; not to decompile, reverse engineer or disassemble any software or other products or processes that are accessible via the WATCH AUT service; not to insert any codes or other products or to manipulate the WATCH AUT service in any other way; as well as not to use data mining, data collection or other extraction methods. In addition, the user agrees not to upload, post, send or transmit any content by e-mail or in any other way that is related to the disruption, cancellation or restriction of the function of computer software / hardware or telecommunication devices serve with the WATCH AUT service. This also applies to any software viruses or other codes, files and programs. If the user violates this or uses the WATCH AUT service in an illegal or fraudulent manner, WATCH AUT is authorized to terminate or restrict the use of the WATCH AUT service.
4.9. All brands and labels visible in the course of using the platform are owned by their respective owners. The user undertakes to respect trademark and trademark rights and not to impair them.
4.10. Use of the content beyond the scope of use granted in each case is not permitted and may result in civil law injunctive relief, information and compensation claims by the respective rights holder as well as criminal prosecution.
4.11. The user can cancel the account with WATCH AUT at any time in his or her user profile.
5. Technical requirements
5.1. To use the platform, Internet access is required that has the technical capacity to access / stream electronic services and media. WATCH AUT recommends a broadband internet connection (2 MB / S or more). The user is solely responsible for the costs and risks of Internet data traffic. When accessing WATCH AUT content as it is offered on the platform, there is a considerable volume of data.
5.2. In addition, a corresponding, up-to-date device including software is required that meets the technical requirements for using the WATCH AUT service.
5.3. Furthermore, the user is aware that the continuous, uninterrupted provision of a service cannot be guaranteed and that interruptions are necessary for technical reasons (installation of updates).
6. Usage fee and payment method
6.1. The respective stated prices (hereinafter “usage fees”) apply as agreed.
6.2. Payment of the fee can only be made using the payment methods offered by WATCH AUT. When paying by credit card or another payment service (e.g. PayPal), transaction costs may arise that are borne by the user.
6.3. The current overview of prices and services can be viewed at www.watchaut.film. The prices stated therein include the applicable sales tax.
6.4. The order confirmation is sent to the user by email. If the user requests the order confirmation to be sent by post, WATCH AUT is entitled to charge processing and postage costs.
6.5. The user is also obliged to pay if the account is used by third parties, be it authorized or unauthorized (e.g. children, spouse, significant other, roommates, visitors, neighbors). This does not apply if the user proves that he is not responsible for the use (e.g. if his account has been hacked).
7. Protection of minors
7.1. The user undertakes to comply with the age ratings given for the films (youth protection ratings) and, in particular, to only use adult offers if they are of legal age (18 years). The user undertakes to only present or make accessible to children or young people such content that has been approved for the respective age group.
8. Warranty and liability
8.1. WATCH AUT is only liable for willful intent or gross negligence. For slight negligence, WATCH AUT is only liable if essential contractual obligations are violated and limited to the contract-typical and foreseeable damage. However, the above limitations or exclusions of liability do not apply to legally mandated strict liability (e.g. in accordance with the Product Liability Act). Liability based on mandatory statutory provisions remains unaffected.
8.2. The details, information and data available via the WATCH AUT service contain content from third parties; links to third party websites or advertising may also be included. WATCH AUT is not liable for this content; also not for content that the user might find indecent, indecent or even offensive.
8.3. The platform has been carefully programmed and is constantly being further developed. However, according to the current state of technology, it is not possible to program 100 percent error-free software and to guarantee that every software or smartphone app will work on all operating systems and operating system versions. It can therefore not be ruled out that a malfunction can cause damage or loss of data and / or information to the user. As far as legally permissible, WATCH AUT is not liable for data loss or damage. The user is responsible for the appropriate backup of his data.
8.4. The above limitation of liability also applies to companies affiliated with WATCH AUT, vicarious agents and third parties vis-à-vis the user.
8.5. WATCH AUT cannot guarantee that access to the platform is always possible without interruption and without errors. WATCH AUT is not liable for malfunctions or impairments that are not in the sphere of WATCH AUT. The user is therefore responsible for regularly updating the software and data backup used by him as well as for his up-to-date virus protection and firewalls.
8.6. WATCH AUT does not guarantee universal playability of the HONAZL content made available with any player software or with any technology used by the user. If retrieved files cannot be played back or are incomplete even with standard software, WATCH AUT asks for notification.
8.7. WATCH AUT is entitled to change, terminate / switch off the functions and functionalities of the WATCH AUT service at any time and without observing a deadline or specific times, both temporarily and permanently. WATCH AUT is not liable for interruptions, changes or termination of the WATCH AUT service or any of the functions. WATCH AUT is not obliged to further develop the service - be it by way of an upgrade or update - or to offer content as a whole or special content by means of the service. WATCH AUT is not obliged to operate. In any case, the user's claim is limited to reimbursement of any fees already paid in advance.
8.8. Any liability is limited to the extent of damage that would typically have to be expected when the contract was concluded due to the circumstances known at the time. The above limitation of liability applies to contractual as well as non-contractual claims.
8.9. WATCH AUT is not liable for the content of externally linked websites, the operators of these external websites are solely responsible for their content. The responsibility for the content and for the picture and sound quality of the content downloaded by the users lies exclusively with the manufacturer or right holder.
9.3. The consent to the change in the contract is deemed to have been given unless the user objects to the change in writing within six weeks of receipt of the notification of change and thereby terminates the contractual relationship prematurely. WATCH AUT undertakes to notify users of the consequences of failing to object with the notification of change.
9.4. WATCH AUT will use the data provided by the user (in particular email address) for communication, in particular with regard to notifications relevant to the contract. If the user does not inform WATCH AUT about a change in the data, notifications from WATCH AUT to the user shall also be deemed to have been received by the user if this notification was sent to the e-mail address / address last known by the user. It is therefore up to the user to keep the email address in such a state and receive it that emails can be accessed.
9.6. Only Austrian law. The application of international collision norms and the UN sales law is excluded. The exclusive place of jurisdiction is the factually and locally competent court in Vienna. For actions against users who are consumers and who have their domicile or habitual abode in Germany or who are employed in Germany, the place of jurisdiction applies in whose area the consumer has his domicile, habitual abode or place of employment.
9.7. The contract language is German.
HOANZL Vertriebs GmbH