Datenschutz Sing Kinderlieder App

Terms of Use for the “Sing Kinderlieder” App
(Rev.: 15/2/2019)

Contact: apps@Studio71.com

 

1. Subject matter

  1. “Sing Kinderlieder” is a mobile application (referred to hereinafter as “App” or “Sing Kinderlieder”) with which users can listen to familiar children’s songs and watch associated animated videos (all audiovisual content is referred to hereinafter as “Content”). “Sing Kinderlieder” is provided by Studio71 GmbH, Stralauer Allee 8, 10245 Berlin, Germany (“Studio71”). These Terms of Use govern the contractual relationship relating to use of the App and the performances owed in this context by Studio71, as well as the duties of users.
  2. “Sing Kinderlieder” is made available for installation through the Google Play Store and the iTunes Store (both referred to hereinafter as “App Platform”). In addition to free installation and basic Content, paid Content is also offered. The contractual relationship with the operator of the App Platform is based solely on the agreements made between the user and the operator.
  3. Users can use the App by downloading it to a device. Installation and use of all features of the App requires a valid account with the App Platform, as well as an appropriate device (e.g., smartphone). The device requires an Internet connection through Wi-Fi or a cellular network (such as LTE) in order to install and run the App; separate connection charges may be imposed by the telecommunications vendor for this.

 

2. Conclusion of contract

  1. Upon installation and confirmation of the Terms of Use provided in this context, a contract for use of the free Content in a limited quantity is concluded. This is accessible as long as the App is installed on the user’s device.
  2. In addition, users have the possibility of enabling all available Content by purchasing a paid subscription. This is possible using “in-app purchases.” Subscriptions of various lengths may be selected. The contract for the use of paid Content is made when users tap the “Buy now” button or a similarly labeled button in the course of the in-app purchase, and if necessary confirm it by entering the password or using another key (such as fingerprint) for their individual App Store account. Prices apply as displayed in the respective App Platforms and as transmitted in the order confirmation for the particular order. Billing is through the provider of the individual store. The user must contact the operator of the specific App Platform in order to correct any input errors. Paid Content and in-app purchases are additionally governed by the Terms of Use of the App Platforms. In case of conflict between the terms of use of the App Platforms and these Terms of Use, the terms of use of the App Platforms take precedence.

 

3. Right of cancellation and consequences of cancellation

Cancellation instructions

Right of cancellation

Each user can cancel the free and paid contracts within fourteen days without providing a reason. The cancellation period begins on the day the contract is made.

To exercise the right of cancellation, the user must notify Studio71 of their decision to cancel the contract in a clear statement (such as a letter sent by postal mail, a telefax, or an e-mail message). The user can use this sample cancellation form; it is not required, however. To meet the cancellation deadline it is sufficient if the notice to exercise the right of cancellation is sent before the end of the cancellation period.

Consequences of cancellation

If a contract is canceled, Studio71 must promptly refund all payments it received from the user, including any delivery charges, no later than 14 days from the day we receive the notice regarding cancellation of the contract. Studio71 will use the same payment method for the refund as the user used in the original transaction, unless other provisions were expressly agreed. In no case will the user be charged fees for this refund.

End of cancellation instructions

Special notice of early expiration of the right of cancellation:

The right of cancellation expires early if implementation of the contract begins before the end of the cancellation period after the user gives express consent for this and acknowledges that the right of cancellation will expire as a result when implementation of the contract begins.

 

4. Rights of use

  1. Each user acknowledges that all rights to the App and Content belong to Studio71 and, where applicable, its licensors. The user is solely authorized to use the App and its Content for personal use and to install copies on one or more devices for that purpose. A so-called simple right of use is granted to the user to that end. Exploiting the App or Content in physical or nonphysical form for other purposes is expressly prohibited. In particular, the App and/or Content may not be reproduced or made publicly available on the Internet or through a network or stored on data media. Likewise, it may not be commercially used or exploited. Moreover, any adaptation, decompiling, de-assembling, and reverse engineering is prohibited. Causing third parties to perform such actions or assisting in their performance is also not permitted.
  2. The Terms of Use of the App Platforms and the rights granted and restricted therein apply as a supplement to Item 4.1 hereinabove.

 

5. Term and termination

  1. The contract governing use of the App between the user and Studio71 is concluded for an indefinite period of time as regards the free basic Content. If the user purchased a paid subscription in addition, the term depends on the selected option of one, three, or twelve months.
  2. The term of paid subscriptions (in-app purchases) automatically extends for the same period as the selected option, i.e., one, three, or twelve months, unless the subscription is terminated.
  3. A subscription can be terminated with one week’s advance notice, to become effective at the end of the purchased time period.
  4. Both parties’ right to perform extraordinary termination of the contract or a subscription for good cause without advance notice shall remain unaffected by the above rule. In particular, Studio71 has good cause for extraordinary termination if Studio71:
    • discontinues operation of the App, or
    • determines that the user copies and/or distributes the App’s Content without authorization and/or performs any of the actions prohibited in Item 4.1 hereinabove, or
    • the user is in default with the fee for paid Content despite the sending of a reminder and setting of a deadline.

In the event of termination due to discontinuation of App operation, Studio71 will refund any charges pro rata temporis. The legal regulations apply regarding the consequences of termination for good cause without advance notice.

 

6. Warranty and liability

  1. The legal provisions shall govern any claims due to defective performance.
  2. In case of services performed at no charge, Studio71 shall be liable only for damages based on intentional misconduct and gross negligence or lack of a guaranteed characteristic, and only insofar as such damage was caused based on use of the App in conformance with the contract. Studio71 has unlimited liability in case of intentional misconduct. In case of gross negligence or the lack of a guaranteed characteristic, Studio71’s liability is limited to the typical and foreseeable damage. In other cases Studio71’s liability is precluded hereby.
  3. In case of services performed for a charge, Studio71 has unlimited liability according to legal standards for damages due to at-fault injury to life, limb, or health and in case of grossly negligent or intentional actions by Studio71 or any of its representatives, employees, or agents. The same applies in case of violation of any guarantee made by Studio71. In other cases, Studio 71 is liable for harm caused through slight negligence only in case of violation of essential duties under the contractual obligation (i.e., duties whose performance makes it even possible to properly implement the contract, whose non-performance would put the purpose of the contract at risk, and which the user regularly relies upon to be performed; so-called cardinal or essential contractual duties).
  4. The above limitations of liability apply accordingly for the personal liability of Studio71’s representatives, employees, and agents.

 

7. Availability

Studio71 endeavors to maintain at least 98-percent App availability on average for the year. This does not include times for regular maintenance and times in which the App and/or Content are unavailable due to force majeure, external manipulation, or other causes that are outside Studio71’s control or that of its agents, particularly outages of communication networks and gateways.

 

8. Modification of the App and Terms of Use

  1. Studio71 may further develop the App at any time, add, modify, or remove individual functions, and in particular may also issue updates. To ensure technically smooth and stable functioning of the App, the user is required to install the current version of the App in each case. Studio71 is not required to offer support for older versions and/or to ensure compatibility with newer versions.
  2. Studio71 will notify the user of changes to these Terms of Use with reasonable notice. Where such changes do not affect essential terms of the contract, the user’s consent to the change in these Terms of Use is considered to be given unless he objects to the change in writing within 30 days after receiving the notice of the change. Along with the notice of the change, Studio71 will expressly point out the respective changes, giving notice of the modified Terms of Use and the consequences of failing to object.

 

9. Data protection

Studio71 takes protecting users’ data very seriously. Details on data collection, data processing, and the rights of users vis-à-vis Studio71 regarding their data can be found in the Data Protection Statement.

 

10. Final provisions

  1. Studio71 is entitled to transfer rights and obligations under this contract and the contract with the user as a whole to enterprises in which ProSiebenSat.1 Media SE holds a direct or indirect equity interest and/or which are an affiliated enterprise according to Sections 15ff. of the AktG (German Corporation Law) or to the enterprise that is the primary licensor with respect to the Content of the App, without needing the user’s consent.
  2. Should individual provisions of these Terms of Use be or become invalid, the validity of the remaining Terms of Use shall remain unaffected thereby.
  3. These terms are governed by and shall be construed in accordance with the laws of the Federal Republic of Germany, precluding conflict-of-laws provisions. The provisions of the UN convention on the sale of goods shall not apply. In case of any dispute whatsoever arising from or in connection with this contractual relationship, the courts of Berlin, Germany, are agreed to have exclusive jurisdiction and venue. However, this choice of law applies with regard to consumers only insofar as the protection granted is not withdrawn through compulsory provisions of the laws of the state in which the consumer maintains his ordinary residence.

[END TERMS OF USE]