Provider: Enterpire Media Group (in this agreement; ‘Enterpire’)
Registration: Customer Login and Registration on the Platform to make use of the Services through the creation of an Account.
Subscription: A subscription agreement entered into between the Client and Enterpire with enables the Client to use the Service(s) and gain access to selected Content.
Account: The personal environment on the Platform in which the Customer has access to the Service with a Device.
Play License: The Licensed Provider to Provide Encrypted Content in accordance with the License Terms as contained in these Enterpire Terms and the Order Confirmation.
Enterpire Terms: The present Terms for the video-on-demand service "RACE FAN No1".
App: The mobile Enterpire application on iOS, Android, or other operating systems.
Devices: The devices on which Content can be accessed or played.
Content: The section of the Service containing image and / or audio and /or video material.
Services: The services offered by Enterpire from time to time, consisting of (a) access to the Platform, (b) providing Content to the Customer through the Platform based on either a limited or unlimited Playback License, (c) the Enterpire newsletter, as well as any (later) added services and / or products. To the extent that these Terms Enterpire refer to the "Services", all of the aforementioned parts of the Services are meant individually and collectively.
Data: The Client's Registration, Account and / or Closing of a Remote Relationship Agreement.
Login: The customer's specified strict personal combination of email address and password.
Customer: The private person who has registered with Enterpire and created an Account.
Remote Agreement: the agreement whereby, in the context of a system operated by the Provider for the use of remote renting and sales of Content, up to and including the Client Agreement, solely one or more remote communication techniques are used.
Order Confirmation: The Confirmation provided by Enterpire to the Customer of the Content Order with a Playback License via the Platform.
Platform: App or Website or Messenger platforms.
Website: The part of the website with domain name www.enterpire.com that is available to the Customer as part of the Services.
Malfunction: Non availability of a substantial portion of the Services to the Customer.
2. PROVIDER IDENTITY
2.1. The Supplier's Identity Information is:
Enterpire Inc. B.V.
Chamber of Commerce: 66486858
VAT identification number: NL856575574B01
2.2. The Video-on-demand service "RACE FAN No1" offered through the Platform is offered by the Provider.
2.3. With regard to the video section of Enterpire, the Dutch Media Authority, called Commissariaat voor de Media (CvdM) is responsible for monitoring compliance with the Media Act 2008. With regards to the rental and sale of Content, The Netherlands Authority for Consumers and Markets (ACM) is responsible for supervising compliance with law and regulation of consumer law.
2.4. The joint legal and editorial responsibility for the Platform and for the Content obtained through the Platform is solely with Provider. For questions, complaints or comments, you can contact the helpdesk via the appropriate form on the Platform.
2.5. Provider may transfer all or part of the rights and obligations arising from this Agreement, in part or in total, remotely.
3. APPLICABILITY CONDITIONS ENTERPIRE
3.1. On the Registration, Use of the Account and on any Remote Agreement with respect to the Services between Provider and Customer, the present Terms of Enterpire shall apply.
3.2. Provider reserves the right to change these Enterpire Terms. The most current version of the Enterpire Terms is always available via the Platform.
3.3. If any provision of these Terms Enterpire appears to be in whole or in part contrary to compelling law, these Terms of Enterpire remain for the remainder while, the Supplier shall establish new provisions that cover the content and intent of the original clauses as close as possible for the null or void provisions.
4. REGISTRATION AND LOGIN
4.1. In order to be able to use the Service, Customer must be registered with Enterpire and have created an Account.
4.2. Customer Login is accomplished by completing the required field of the application form on the Platform and its receipt by Supplier. Provider confirms receipt of Login and Creating an Account as soon as possible by email at the specified email address.
4.3. The Client is required to provide the Provider at the Registration, in any case, with a valid email address and a custom password. The Customer stands for the accuracy and legitimacy of the completed information and indemnifies Supplier in this regard.
4.4. Misuse and / or improper use of the Login Data is at the Customer's expense and risk.
5.1. The available content on Enterpire will vary continuously. Provider reserves the right to change the offer of Content without prior notice.
5.2. The content is presented - by means of icons - indicating age and content ratings as much as possible using the classification of Enterpire. By using the Service, the Customer declares to have reached at least the age indicated for the Specific Content.
5.3. The Customer will only show , share or make available to any children or minors that content, accessible or rated for the age group concerned by the age and content ratings on the Platform.
5.4. Content can be viewed on different devices.
6. CONSTITUTION OF THE REMOTE AGREEMENT AND SCOPE OF PERFORMANCE PROVIDER
6.1. A Remote Agreement between the Client and the Provider is established as soon as the Client indicates that the selected Content is intended to be rented or purchased by clicking on the Rental or Buy button, after which payment is made and the Content can be viewed. The right to access the Content is created after the Supplier has received the payment.
6.2. From the time the Customer has access to the Content, the Customer Agreement may no longer be terminated by Customer.
6.3. The Content shall at all times be the property of Provider and / or its licensors. After establishment of the Remote Agreement, Provider Provides Content protected and encrypted to Customer for Streaming or Downloading the Content through a Playback License placed on the Platform from which Customer has requested Content. The Playback License is issued if Customer initiates the file.
6.4. The Customer obtains the right to enter the Content within the contractual limits as indicated on the Platform in these Enterpire Terms and the Order Confirmation, as applicable at the time of Content Request and, as such, known to the Customer. view the privacy of the Netherlands.
5. When picking up the delivery, a speed check automatically selects and offers the optimal bandwidth for delivering the Content for the existing internet connection.
6. Provider will do all reasonable efforts to ensure that the Services can be delivered. Provider expressly does not warrant as to the nature of the Services:
that the Services are available to the Customer at all times;
that the Services meet the expectations and requirements of the Customer; and
that the specified maximum data traffic speeds will always be possible.
7. In the event of a (motivated suspicion of) breach of obligations resting on the Customer under these Enterpire Terms and / or a Remote Agreement, Provider has the right to block the relevant Customer to access the Platform, the Service and Content without the Supplier being liable for any damages to Customer. Already paid by Customer will not be refunded and Supplier reserves the right to charge a Customer's additional levy and recover any damage suffered by his or her partner to the Customer.
7. DURATION AND TERMINATION
1. The Agreement commences on the date on which Customer's Registration is confirmed and expires the same day a month later. The Agreement will be continued on a monthly basis unless terminated by the Customer or the Provider.
2. Cancellation may be made at any time through the cancellation options on the Website or App page on which Customer's Custom Settings can be managed.
3. The cancellation will commence on the date on which the next monthly payment for debit would be offered by the Provider if not canceled. Until then, the Customer retains access to the Content through his Login Information (except in the event of prior Blocking of the Services by the Provider)
4. The Provider is entitled to block the Service with immediate effect and terminate the Agreement with immediate effect if the Provider is unable to collect the due fee via the specified payment method, or if an already accumulated amount is canceled. As long as the Agreement has not been terminated, the periodic fee will remain due.
5. The Provider reserves the right to change, suspend or terminate all or part of the Service at all times. Enterpire will communicate to Customer any possible change, suspension, or termination of the Service as soon as possible through the app, email and through the website.
8. LICENSE AND INTELLECTUAL PROPERTY RIGHTS
1. The Customer's use of the Services is entirely at the sole risk and expense of the Customer.
2. Content provided by Enterpire to the Customer is legally protected, in particular by intellectual property rights.
3. The Playback License granted to the Client in respect of the Licensed (rented) or Purchased Content of a Supplier relates to a limited, non-exclusive, revocable, non-transferable and non-sublicensible license to the chosen Content in accordance with the Enterpire Terms, exclusively in domestic circles (for personal and non-commercial use) in the Netherlands on a device.
4. All (intellectual property) rights that relate to, or result from, or arising out of (the content of) (Service) and Platform components, including but not limited to images, user interfaces, audio and video material, the Content, editorial content, and the scripts and software used to perform the Service - Reside with Provider and / or the Providers’ Licensors.
5. The Customer may not use the Service and the Platform in any way other than for use of the Content in accordance with these Enterpire Terms.
6. Provider declares that they have obtained the necessary permission from proprietors on the Content to grant the Customer the Play License as specified in article 7.3.
7. It is explicitly not intended that by means of a Remote Agreement, the Supplier's or its licensors' intellectual property rights will pass on to the Customer. All Content Requested Content remains explicitly owned by Provider or its licensors.
8. The Content contains technical security, provided by Provider and / or its licensors, to protect the Content and limit the use of the Content in accordance with the Enterpire Terms. Customer is not allowed to:
copy, offer, distribute, sell, rent, transfer, sublicense, distribute, and distribute the Content and / or any part thereof and / or the computer file with which Content is provided to User to third parties or to provide third parties with access to (parts of) the Content by providing the necessary information;
to attempt to bypass or crack the encryption and / or security of the (throughput of) the Content and / or computer file and / or software that the Content is provided to User or through which the Content is being played. or bypass any technical provisions made by or on behalf of the Provider;
to customize the Content, change, translate, or derivate Content;
to use the Content in connection with business, or for business purposes;
to compile, copy, multiply or modify the file that offers Content to the Customer to comply with the system's initial specifications and / or design specifications, or otherwise edit the file to read a person readable code arises; and
Multiply or burn the Content and / or File with which Content is offered to a physical carrier such as, but not limited to, CDs, DVDs, Blue-ray, USB sticks, etc., or any other future physical carriers.
9. Provider reserves the right to change, suspend or remove (a portion of) Content.
10. The Customer will use the Services for legal purposes only and in accordance with these Enterpire Terms, the Remote Agreement, the Order Confirmation, applicable national and international laws and regulations and respecting intellectual property rights on the Content.
11. The Customer will not remove or modify the copyright and other intellectual property rights in the Content. The Customer must protect the Content against any use by unauthorized persons and against any other improper use.
9. OTHER CUSTOMER OBLIGATIONS
1. The Customer will use the digital code transmitted for playback of the Content solely for this purpose and not manipulate it.
2. "Frequently Asked Questions" and "Commom Issues" regarding Specific Technical Requirements and Limitations for Receiving and Playing Leased or Purchased Content are included on the Platform under "Questions & Answers."
3. The Customer will not undertake any activities that could prevent or impair the provision of Services to other Customers of Enterpire.
10. WARRANTY AND LIABILITY
1. By claiming Content, Customer hereby warrants that Customer only uses the Content for Private Use, and does not distribute and / or distribute the Content, except for the sharing of the Content in the manner that the Provider has made possible on the Platform , and will comply with the terms of these Terms and Conditions and the Order Confirmation.
2. The Customer is liable for any damages arising from the use of the Service (s) by the Customer. The Customer indemnifies Provider for all claims of third parties in connection with or arising out of, violation of rights, including but not limited to, intellectual property rights.
3. In the event of violation of the provisions of Articles 7 and 9, the Customer shall forfeit a direct payable fine of € 10,000 per offense and € 1,000 per day that this violation continues, without prejudice to Supplier's right to recover its actual damage to the Customer.
1. All prices published by Provider for the Services are in euros and inclusive of VAT.
2. The amounts due by the Customer to the Provider for use of the Services are displayed on the Platform and the Customer is known by entering into the Remote Agreement and the choices made by the Customer therein. Provider reserves the right to change rates at any time.
3. Unless otherwise agreed, the Customer will pay the fees due to Provider by way of collection by means of the payment methods offered on the Platform.
4. If the Customer fails to pay the Amounts due due to Supplier, for example, because the Supplier is unable to collect the payments due by the Customer to Supplier from the Customer's bank, any costs of collection of the amounts due and any collection and collection costs incurred by the Customer.
5. Customer's payment obligation also exists for the Customer if third parties have authorized or unauthorized Content through the use of Customer Login. This does not apply when Customer can not be faulted. The Customer has the duty to prove that he can not be faulted with the use.
6. Provider uses the payment system of TalosLabs.
12. SUPPORT AND MALFUNCTION
1. Provider will endeavor to provide the greatest possible availability of the Service. However, Supplier can not guarantee that the Service will operate at any time without any limitation or malfunction. Supplier aims to rectify Malfunctions and Restrictions as quickly as possible and to minimize any possible obstacles to the Customer.
2. In case of technical problems, Supplier is entitled to block access to (parts of) the Services and / or (parts of) her system and / or interfaces (temporarily or temporarily) immediately and at any time, or the use of it, and / or take other measures, if this is required by the Supplier without prior notice to the Customer.
3. Provider reserves the right to block access to the Services and / or (parts of) its system in connection with service, maintenance and security of the Provider's Services and / or Systems, temporarily or temporarily. or the use thereof, if this is required by the Supplier. Supplier will, if possible, inform Customer of such measures in good time.
4. If a malfunction or other incident is found to be the result of the Customer's failure or failure, the Supplier may incur the costs incurred for the removal of this Malfunction, or any incident, in error or defect. Account of which the Customer may come.
5. The Customer may use the electronic help desk in connection with the operation of the Services. The help desk can be reached by the Customer via the designated phone number and email address as stated on the "Contact" page on the Platform. The help desk will make every effort to deal quickly and accurately with Customer's questions.
6. The Supplier is entitled at any time without prior notice to Customer to make changes and / or improvements to the Services and / or Services (temporarily) without limitation and / or limiting its use by the Customer and / or make changes and to maintain the Platform.
2. The Data is used to implement the Remote Agreement. In addition, if Customer has authorized this information, this Data may be used to inform Customer about Enterpire, Provider, Enterpire, and carefully selected Third Party Offerers and offers, which will be sent to Supplier by Name. If a Customer has an objection to the above use, or if a Customer wishes to see, correct or remove the Customer, the Customer may notify this in writing to: email@example.com.
1. Provider is not liable for any damages except for damages resulting from intentional or gross negligence on behalf of Provider or its legal representatives or agents.
2. Provider is not liable for third party and subcontracting shortcomings, including shortcomings by TalosLabs (provider payment system).
3. Provider accepts no liability for non-performance of the Content if this results from inadequate functionality and / or malfunction of the Customer's equipment or Customer's Internet connection. Under no circumstances will the Licensers of Provider be liable for non-performance of the Content for any reason whatsoever.
4. Claims against the Supplier after 3 months from the date of the damage, in so far as they are not the result of an unlawful or intentional act.
5. To the extent that the Supplier's liability is excluded, this also applies to companies affiliated with Provider and to the personal liability of the employees, employees, employees, representatives, shareholders and pledges of Provider and / or Provider related companies.
6. Subject to the provisions of this article, the Supplier's liability shall at all times be limited to the amount paid by the Provider's liability insurance company for the particular case plus the risk that may be borne by Supplier as a result of the insurance.
15. DISPUTE AND APPLICABLE LAW
1. All disputes that may arise between the Client and the Supplier shall, as far as possible, be ruled exclusively by the competent court in Amsterdam.
2. Dutch law applies to any Agreement between Provider and Customer.