Version dated 5 October 2015
1. Scope of Application
1.2. In the course of the initiative DIGITAL CONCERT HALL FOR INSTITUTIONS, the Berliner Philharmoniker provide educational institutions (hereinafter “Institutions”) such as universities or libraries with an institutional access to the Digital Concert Hall at www.digitalconcerthall.com. The Institution itself purchases access to the Digital Concert Hall (hereinafter “Institutional Access”). After registration, members of the Institution (hereinafter “Institutional Users”) receive personalised access to the Digital Concert Hall and have free access to all content and functions. Institutional Users are “customers” within the meaning of these TOU. Unless expressly specified, all Sections of these TOU shall be applicable to Institutional Users as well.
1.4. This TOU are available for viewing in pdf format here and can be saved. The customer shall be entitled to print out the TOU.
2. Streaming Services
2.1. At www.digitalconcerthall.com Berlin Phil Media provides fee-based access to recordings of subscription and non-subscription concerts by the Berlin Philharmonic streaming over the Internet. In the archive recordings of concerts will be offered as videos on demand. Access to the live concerts is granted by means of a live stream.
2.2. Berlin Phil Media's video signal is produced in High Definition and has been encoded for internet streaming. Depending on the customer's internet connection, he may choose from a range of different quality levels of transmission.
2.3. Berlin Phil Media shall decide independently which concerts are offered as live streams or video on demand in the Digital Concert Hall. The customer shall not be entitled to claim that certain concert recordings are being made available in the Digital Concert Hall, even if Berlin Phil Media previously pronounced such availability. Furthermore, Berlin Phil Media reserves the right to remove certain content from the archive for legal reasons and/or to exclude certain regions from the offer of streaming services for legal reasons (Geoblocking).
2.4. The provision of Internet access that is necessary for the use of the streaming services defined in Sections 2.1 and 2.2 shall not be subject to the contract between the customer and Berlin Phil Media.
3.1 The customer may use the streaming services offered by Berlin Phil Media only upon prior registration as a user of the Digital Concert Hall. Only major persons who are also legally competent may register.
3.2. Registration is effected by means of the customer's Internet-enabled devices or at www.digital-concert-hall.com or by using the Digital Concert Hall app, as far as the relevant device allows for registration. In order to register the costumer has to provide the following data: title, first name, surname, email address, country and (if required) a password. In case the customer is registered with other online services and, in case Berlin Phil Media allows for an automatic transfer of data, the customer may have his data transferred automatically by explicit permission.
3.3. When submitting the registration form completed, the customer accepts this agreement on the access to the Digital Concert Hall and the use of streaming services (hereinafter “Agreement of Usage”).
3.4. The customer ensures that all data entered during registration is correct and that he has not used data of a third party. The customers shall inform Berlin Phil Media immediately of any changes to the data.
3.5. Institutional Users may use the Institutional Access only upon prior registration as an Institutional User of the Digital Concert Hall. Sections 3.1 to 3.4 apply with the following specifications: Registration is possible via the Institution’s network only. If the Institutional User already has a user account, it can be changed to an Institutional User account via the Institution’s network. Registration as an Institutional User is only possible during the period of validity of the Institutional Access and until the quota of registered Institutional Users agreed upon by Berlin Phil Media and the Institution is exhausted.
4.1. The use of streaming services for the customer is limited to a certain content and time. The customer may only stream videos for private use. The use of streaming services by the participants of the education initiative EXPLORE CLASSICAL MUSIC! is regulated by the participation agreement in the version currently enforced.
4.2. Berlin Phil Media offers the customer the following types of use:
4.2.1. With the purchase of a ticket, for the period of validity of the ticket the customer receives access to the concert recordings available at the Digital Concert Hall's archive as well as to a certain number of live concerts, which take place during the period of validity. The period of use does not start with the purchase of the ticket, but upon first access to a concert, however, no later than 365 days after conclusion of contract. With regard to all tickets Berlin Phil Media also offers vouchers, which may be redeemed later on. Vouchers purchased expire after 3 years. Vouchers that have been handed out for free, e.g. for reasons of advertisement, expire at the date as announced when the voucher was handed out.
4.2.2. In case the customer subscribes to the streaming services offered by Berlin Phil Media, he may use all streaming services at www.digitalconcerthall.com upon payment of a monthly fee. The period of use commences upon receipt of payment of the first monthly fee and ends one month after the last monthly fee has been received. The subscription can be cancelled at any time to the end of the period of use already paid for. Cancellation shall require the written form to be effective.
4.3. By way of derogation from Section 4.2, Institutional Users have free access to all content and functions of the Digital Concert Hall. The Digital Concert Hall may also be accessed from outside the Institution’s network.
4.3.1. The possibility to use the streaming services for free begins with completion of registration as an Institutional User and ends with the end of the period of validity of the Institutional Access. The Institutional User shall verify his account at least every 4 weeks by logging in via the Institution’s network. If he fails to do so, his account shall be changed into a normal user account and his possibility to use the streaming services for free ends until he logs in via the Institution’s network again. With the end of the period of validity of the Institutional Access, the Institutional User account shall be changed into a normal user account. The right to termination pursuant to Section 13 remains unaffected.
4.3.2. Institutional Users may not purchase tickets or subscriptions. If the Institutional User already has a valid ticket or subscription, he can continue using it or register as an Institutional User. If he chooses the latter, Berlin Phil Media shall refund the Institutional User the value of his ticket in form of a voucher pursuant to Section 4.2.1 which expires after 3 years. The Institutional User shall be entitled to terminate an existing subscription to the end of the period of use already paid for pursuant to Section 4.2.2. Berlin Phil Media shall provide the Institutional User with a link via email which he can – by way of derogation from the written form requirement pursuant to Section 4.2.2 – use to effect termination.
4.3.3. Institutional Users may purchase vouchers at the regular price. However, they may not redeem vouchers while they can use the streaming services for free pursuant to Section 4.3.1.
4.4. The customer may not misuse the streaming services. In particular, he is prohibited from
- recording the concerts in full or in parts;
- using the stream for commercial purposes or for public performance, public broadcasting or issue it in any other way; or
- reproducing the stream.
In the course of the initiative DIGITAL CONCERT HALL FOR INSTITUTIONS, Institutional Users may use the streaming services within the Institution for educational purposes and the purpose of lectures. Any form of public performance of the streaming services is prohibited. Public performance does not just include the Public Viewing performance in university or library rooms, but also the use of streaming services in lessons or lectures in the presence of visitors (e.g. parents or members of other educational institutions).
4.5. If the customer breaches the duties defined in Section 4.4., Berlin Phil Media may block the customer's access and terminate the contract for cause.
5. Conclusion of Contract regarding Use
5.1. Tickets can only be purchased after prior registration as a customer of the Digital Concert Hall. In order to buy a ticket or subscribe to streaming services, the customer chooses the ticket or the subscription by clicking on the button "PURCHASE TICKET NOW", or "SUBSCRIBE NOW". This process does not constitute a contractual offer. The desired ticket or subscription will merely be booked. Even clicking the button "CONTINUE" does not constitute a contractual offer.
5.2. The customers only make a binding offer to conclude a contract regarding the use of streaming services by clicking the "ORDER WITH OBLIGATION TO PAY" button. Before placing the order, the customer is once again provided with a summary of the complete content of the order (product name, price, amount, intermediary and complete sum). The customer can then correct the method of payment using the change button that is provided on the overview page.
5.3. On receipt of the order, the customer will receive an automatically generated email from Berlin Phil Media, confirming the receipt of the order. This receipt confirmation constitutes the acceptance of the contractual offer. At the same time, the ticket will be saved in the user account and/or the subscription will be activated.
6. Right of Revocation
The customer has the right to revoke his contractual declaration. Information regarding the terms of the declaration of the revocation and the legal consequences of the revocation are contained in a separate cancellation policy, which is expressly referred to at this point.
The right of revocation terminates as soon as Berlin Phil Media has completely delivered the streaming services.
7. Use of the Streaming Services, Technical Requirements
7.1. The streaming services are offered for access at www.digital-concert-hall.com.
7.2. For trouble-free reception the customer needs an internet connection with a minimum bandwidth of 2000 Kbit/s. However, a bandwidth of 6000 Kbit/s or more is recommended.
7.3. Streaming services can also be accessed by means of certain television sets, blu-ray players, mobile devices and audio systems equipped with an integrated internet connection. This offer is non-binding, may vary and may be revoked at any point by Berlin Phil Media.
7.4. The devices and system requirements needed for the use of the streaming services are listed under www.digitalconcerthall.com.
7.5. The customer can access the streaming services of Berlin Phil Media on multiple devices. Simultaneous streaming, however, is not possible. The customer can manage the connected TV sets and Blu-ray players in the user account at www.digitalconcerthall.com.
8. Prices and Tickets
8.1. The price of tickets, vouchers and subscriptions and their term are apparent from the presentation of the products. All prices are gross prices including the respective statutory VAT valid at the time of order.
8.2. Students, pupils and teachers can acquire streaming services at special terms. For Institutional Users, use of all content and functions of the Digital Concert Hall is free of charge during the period of use pursuant to Section 4.3.1; vouchers can be purchased at the regular price.
8.3. Before the customer places the order, the total price of the order including VAT is shown to the customer on a separate web page summarising his order.
9.1. The purchase price is to be paid in advance and falls due immediately upon conclusion of the order.
9.2. The customer can pay per credit card and PayPal. In Germany the customer can also pay by “immediate transfer” and bank transfer. In case of online transfer, the ticket will not be saved in the customer account or the subscription will not be activated before receipt of payment.
9.3. SEPA direct debit mandates are executed by means of the COR1 procedure, i.e. direct debits will be executed at a delivery deadline of one banking day, if the customer’s bank supports that option. In that case the pre-notification deadline is reduced to one day. If the customer’s bank does not support that option, initial direct debits are executed at a delivery deadline of 5 banking days and followup direct debits at a delivery deadline of 2 banking days. The pre-notification deadline is reduced to 5 banking days for initial direct debits and – if necessary – to 2 banking days for followup direct debits. The customer provides for sufficient funds on his account.
9.4. If the customer delays payment, Berlin Phil Media may charge interest in the amount of 5 percentage points over base above the basic rate of interest. Berlin Phil Media reserves the right to claim further damages.
9.5. The customer may set off their claims against the payment claim of Berlin Phil Media if the customer’s claims are undisputed by Berlin Phil Media or have been determined without further legal recourse.
9.6. The customers may only refuse the performance owed by them (right of retention) if they have a claim that is due against Berlin Phil Media under the same legal relationship as to the one on which their obligation is based.
9.7. Should the customer not fulfill the payment duty or should amounts that already have been paid be returned or re-debited, Berlin Phil Media is entitled, reserving further claims to block the customer's access to his account. Should the account be blocked due to outstanding debts and are the debts settled, access shall again be granted. The right to terminate the Agreement of Usage pursuant to Section 13 shall remain unaffected.
10. Access Data
10.1. The access data (email address and password) may only be used by the customer. The customer may not pass the access data on to a third party. The customer shall keep his access data a secret and change or have Berlin Phil Media change the data, if he becomes aware that his access data has been misused. This also applies in cases that misuse is suspected.
10.2. The customer is liable for all damages caused by a third party using his account, as far as he is to be held responsible for it. The customer is responsible for proving that he is not culpable.
10.3. If the customer substantially breaches the duties of care defined in Section 10.1, Berlin Phil Media may (temporarily) block the customer's access. The customer will be informed thereof by email. If the customer is an Institutional User, the Institution will be informed thereof by email as well.
11.1. Berlin Phil Media does not warrant or guarantee the proper functioning of the internet connection or the performance of the end device used.
11.2. Berlin Phil Media shall eliminate any technical malfunctions without delay if feasible. If a service malfunction results in the customer not being able to use the video stream according to the terms of the contract or if the possible use is considerably affected, Berlin Phil Media offers the following compensation:
11.2.1. In case a live streaming is not possible for technical reasons, Berlin Phil Media shall provide the customer with the respective recording as a video on demand later on. If this is also not possible, the expiry of the customer's ticket will be extended by 7 days.
11.2.2. In case of a malfunction when streaming a video on demand, Berlin Phil Media shall enable the customer to access the stream later on.
11.2.3. The right to revoce the contract or to reduce the purchase price in case the replacement services failed remains unaffected.
12. Limitation of Liability
12.1. Berlin Phil Media shall be liable without limitation for damages due to intent or gross negligence on part of Berlin Phil Media, its legal representatives or persons whom Berlin Phil Media uses to perform its obligation. To the extend the breach of contract is unintentional the liability of Berlin Phil Media shall be limited to typically foreseeable damages at the conclusion of the contract for ordinary negligent breach of such duties arising from the contractual relationship that make the proper performance of the contract possible in the first place, the observance of which the contractual partner may regularly rely on and the violation of which puts the intended purpose of the Agreement at risk (material contractual duties). Any liability not expressly provided for above – including the liability for persons employed in performing an obligation and vicarious agents – shall be disclaimed.
12.2. The limitation and exclusion of liability agreed upon in Section 12.1 shall not apply in cases of injury of life, body and health, in case of non-conformity of goods if Berlin Phil Media has given a guarantee for the quality of the product or in cases Berlin Phil Media fraudulently concealed the default of the product. The liability under the Product Liability Act shall remain unaffected.
13.1. The customer may terminate the Agreement of Usage anytime to the end of the month. His right to terminate for cause (außerordentliche Kündigung) remains unaffected.
13.2. Berlin Phil Media may terminate the Agreement of Usage anytime by giving 2 weeks notice to the end of the month, but at the earliest to the end of the validity period of any ticket or subscription acquired by the customer pursuant to Section 4.2, for Institutional Users at the earliest to the end of the period of use of the Institutional Access pursuant to Section 4.3.1. The right of Berlin Phil Media to terminate for cause remains unaffected. In particular, Berlin Phil Media shall be entitled to terminate for cause if the customer violates these TOU. In case of a termination for cause, all tickets and vouchers that were valid at the time of the termination notice become invalid. Furthermore, all subscriptions expire by the end of the month. Fees that already have been paid for will not be refunded.
13.3. After cancellation of the Agreement of Usage, the customer will no longer be able to access the Digital Concert Hall. His account will be deleted.
13.4. Any termination notice must be made in text form.
14. Data Protection
All text, images, graphics, videos included in or made available through www.digitalconcerthall.com and their arrangement and graphic presentation on the website are subject to German copyright law and further protection acts. The customer may not use, distribute or modify any material made available on this website (e.g. text or graphics) without the explicit written consent of the Berlin Phil Media.
Berlin Phil Media has the right to amend these TOU at any time, unless material stipulations of the contractual relationship (such as the nature, scope, term and cancellation) are concerned. Such amendments are necessary, inter alia, in case of regulatory gaps (e.g. by changes in the law; court decisions deeming these TOU void). The customer will be notified of such amendments in text format six weeks before taking effect, at the latest. The amendments are deemed to be approved by the customer if he does not object within 6 weeks after notification. If he objects, the amendments do not become part of the agreement between the parties, and the contract prevails unchanged. Berlin Phil Media will expressly point to the possibility of objecting and compliance within the 6 weeks term. The right of cancellation remains unaffected.
17. Applicable Law
These TOU and the contract between Berlin Phil Media and the customer shall be governed by the laws of the Federal Republic of Germany. The Convention on Contracts for the International Sale of Goods does not apply.
18. Final Provisions
18.1 Any changes and supplements to the TOU shall require the written form to be effective.
18.2 Should any provision of these TOU be invalid, this shall not affect the validity of all other provisions of the TOU.
18.3 Where legally permissible the place of performance and exclusive place of jurisdiction for all disputes between the parties shall be Berlin.
19. Provider Identification
Our contact information is:
Berlin Phil Media GmbH,
represented by their managing directors Olaf Maninger and Robert Zimmermann
Leipziger Platz 1
Companies' Register Number HRB 113690
CR-Court: Berlin Charlottenburg
Tel.: +49 (0)30 206 246 936