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Terms & Conditions

Terms and Conditions of Use for the Online Services provided by takt1

1. General

1.1. The provider and contractual party for all online services available via www.takt1.com and www.takt1.de  is ClassiConn Dortmund GmbH & Co. KG, Westenhellweg 95 – 101, 44137 Dortmund, Germany, listed in the commercial register of the district court in Dortmund under HRA 18218 (hereinafter referred to, along with the above named websites, as “takt1”), represented by the personally liable partner ClassiConn Verwaltungs GmbH, of the address named above, listed in the commercial register of the district court in Dortmund district under HRB 28127, in turn represented by Managing Directors André Sonst and Benedikt Stampa.

1.2 These terms and conditions (hereinafter “T&Cs”) regulate the use of the online services provided by takt1, which you the User ( hereinafter “User”) can access on takt1. The contractual service of takt1 consists in the provision of takt1’s online services for the benefit of the User.

1.3 The User can access takt1’s online services either via the so-called “Freemium model” (section 4) in the form of a “Premium Trial” (section 4.1), a “7 Day Ticket” (section 4.2), a “Premium Monthly Subscription” (section 4.3) or a “Premium Yearly Subscription” (section 4.4) (Premium Subscriptions are hereinafter referred to as “Subscription”).

1.4 These T&Cs also apply to future individual contracts between the User and takt1 regarding the use of takt1.

 

2. Registration, Conclusion of Contract

2.1 In order to make use of the online services offered by takt1, the User must register at takt1. In doing so, the User agrees to provide the requested information correctly and in full, and to update their details in the event that they should change following their registration. The User can update their details by logging in to their User account on takt1.

2.2 The takt1 website does not contain a legally binding offer to enter into a contract for the use of takt1. A legally binding offer for the conclusion of a User contract must be initiated by the User by completing the online registration process on takt1. takt1 will then respond to the User’s request within a period of two (2) weeks. The contract is only completed once takt1 has sent a confirmation of registration to the User’s email address to confirm their registration with takt1.

2.3. The takt1 registration process can also be completed with “Facebook Connect”, a “Google Account” or an “Amazon Account”. For more details, refer to section 5 of our Privacy Policy.

2.4 Upon receipt of an email confirmation of registration from takt1, a User contract between the User and takt1 comes into effect. The confirmation email includes information regarding the User’s right of withdrawal in accordance with section 3.

2.5 Only one registration per User is permitted. In the event that the User should forget their their password, they may request a new password using the “Forgot password?” function.

2.6 The User agrees never to disclose their password to a third party, even when requested to do so. Please note that neither takt1 employees nor our technical support team are authorized to ask Users to disclose their passwords.

 

3. Right of Withdrawal

You the User have the right to withdraw from the User contract with takt1 within fourteen (14) days, without stating any reason. The withdrawal period is fourteen (14) days from the date of the conclusion of the contract. To exercise your right of withdrawal, you must provide takt1 with written notice at the following address:

ClassiConn Dortmund GmbH & Co. KG

Westenhellweg 95 - 101 44137 Dortmund Germany Tel.: 0049 231 – 22383839 E-Mail: service@takt1.com

This written notice may take the form of a letter sent via post, a fax or an email, and must clearly state your decision to withdraw from the contract.

If you wish to withdraw, you can use our Withdrawal Form Template, although this is not mandatory. The withdrawal time limit of 14 days applies to the date on which the withdrawal notice is sent.

 

3.2 Consequences of Withdrawal

Should you withdraw from this contract, we will promptly refund all payments that we have received from you, and in no event later than fourteen (14) days of receipt of your notice of withdrawal.

The refund will be made using the same payment method used for the initial transaction, unless otherwise expressly agreed; under no circumstances will you be charged any fees for this refund.

 

3.3. Expiry of the Right of Withdrawal

For the provision of digital content not stored on a physical storage medium, the right of withdrawal expires when (a) takt1 has begun with the execution of the contract, and after you (i) have explicitly agreed that we should begin to execute the contract prior to the expiry of the right of withdrawal, and (ii) have confirmed that you understand that you will lose your right of withdrawal with the beginning of the execution of the contract, and if (b) the User of the online services provided by takt1 has already made use of a Premium Trial and has opted for a 7 Day Ticket, or a Monthly or Yearly subscription, thereby converting the User contract into a paid for service; in this case, there is no further right to withdrawal. 

 

4. Usage Fees and Payment Terms

All fees for the use of takt1’s online services are specified in the information provided by takt1 upon conclusion of the contract concerning the so-called “Freemium Model.”

4.1 The use of takt1’s online services with a “Premium Trial” is free of charge. "Premium Trial" offers unlimited access to takt1’s online services.

4.2 The cost of the use of takt1’s online services with a “7 Day Ticket” corresponds to the fixed price specified on takt1. In comparison to the Monthly and Yearly Subscriptions, the 7 Day Ticket offers only limited access to takt1’s online services. Within the scope of the 7 Day Ticket, the User can access one exclusive live stream, and continue to access it in video-on-demand form for the duration of the ticket’s period of validity. Further exclusive live streams and video-on-demand are not accessible during the ticket’s period of validity, except through the purchase of further 7 Day Tickets or a Monthly or Yearly Subscription.

4.3 The cost of using takt1’s online services with a “Monthly Subscription” corresponds to the fixed price specified on takt1. The Monthly Subscription offers unlimited access to takt1’s online services.

4.4 the cost of using takt1’s online services with a “Yearly Subscription” corresponds to the fixed price specified on takt1. The Yearly Subscription offers unlimited access to takt1’s online services.

4.5 The charges arising from the use of takt1’s online services with a 7 Day Ticket or a Monthly or Yearly Subscription are to be paid during ordering process for the respective Ticket or Subscription (at the price specified after clicking “order now”). According to the payment method selected by the User (see section 4.6), these charges may be paid with a bank transfer, PayPal account, or a credit card belonging to the User. In the case of 7 Day Tickets, an invoiced order is also possible, in which case the User must transfer the amount owed directly to the bank account of ClassiConn Dortmund GmbH & Co KG. Further details can be found in the information provided by takt1 upon conclusion of contract.

4.6 The User may pay the charges incurred through the use of takt1’s online services by credit card (VISA, MasterCard), PayPal, Amazon Pay, or direct debit, or, in the case of the 7 Day Ticket only, by a bank transfer (of the amount specified on the invoice). Trial purchases or payment by installments are not available.

4.7 On some occasions, takt1 will also offer gift Subscriptions of varying durations (see section 5.4)

4.8 All charges for the use of takt1’s online services are final prices, and comprise all price components including applicable taxes (e.g. VAT/sales tax).

 

5. Duration and Termination of the User Contract

 

5.1 The duration of the “Premium Trial” User contract (see section 4.2) is specified during the registration process, and can be canceled by either party at any stage during this duration without notice. Further details can be found in the information provided by takt1 during the ordering process.

5.2 The “7-Day-Ticket” User contract (see section 4.2) has a fixed term of seven (7) days, and is not automatically extended. Further details can be found in the information provided by takt1 during the ordering process.

5.3 The “Monthly Subscription” contract (see section 4.3) has a fixed term of one (1) month which will automatically be extended by one (1) month if the User does not terminate the Subscription before the end of the fixed term. To cancel the Subscription, the User has to use the cancelation option in their User account. Further details can be found in the information provided by takt1 during the ordering process.

5.4 The “Yearly Subscription” contract (see section 4.4) has a fixed term of one (1) year which will automatically be extended by one (1) year if the User does not terminate the Subscription before the end of the fixed term. To cancel the Subscription, the User has to use the cancelation option in their User account.  Further details can be found in the information provided by takt1 during the ordering process.

5.5 The duration of all Gift Subscriptions for the online services provided by takt1 are clearly specified by takt1 the conclusion of contract. According to the terms agreed upon at the time of purchase, the subscription will either be terminated at the end of the specified period, without the need for cancelation, or will continue in the form of a Monthly or Yearly Subscription, if it is not canceled according to the guidelines stated above.

5.6 If the User fails to fully or partly fulfill their payment obligations to takt1 – after being sent a reminder by mail or to the email address indicated by the User, specifying a reasonable deadline – takt1 may terminate the User contract without further notice, or suspend the User’s account (with the effect, among others, that no further videos can be accessed) until all outstanding payments have been received by takt1.

5.7 The User’s duty of payment also applies to usage fees incurred by third parties accessing cost-incurring online services of takt1 via the User’s account, whether authorized or unauthorized, insofar as the User is responsible for such third-party usage.

5.8 The right of both takt1 and the User to extraordinary termination of the contract with good reason and without notice is unaffected by these T&Cs.

 

6. Liability, Rights and Obligations of the User

 

6.1 The User is entitled to personal usage only of takt1’s online services. The provision of the User’s username and password to a third party is not permitted. The User is liable for any damages resulting from third parties gaining knowledge of the User’s password due to his/her negligence or deliberate conduct. Should the User’s password be stolen, or if the User becomes aware of unauthorized usage of their password by third parties, the User must immediately inform takt1 accordingly, where possible by e-mail at service@takt1.com.

6.2 As a registered User of takt1’s online services, the User is granted a non-exclusive and non-transferable right to access the content of their choice. The right of use applies only to the personal enjoyment of the content. All other forms of usage are excluded, in particular, editing the content or making it available to third parties, making unauthorized copies of the content or reproducing it in any way.

6.3 The online services provided by takt1 may be used for private purposes only. Any use for commercial purposes is not permitted. In particular, the User is not permitted to use the services to advertise other internet sites or commercial offers. 

6.4 To guarantee seamless access to takt1‘s online services, the following system requirements must be met:

  • Operating system: up-to-date versions of Windows-, MacOS-, iOS- or Android

  • Browser: Up-to-date versions of Internet Explorer, Mozilla Firefox, Google Chrome, Edge or Safari

  • TV-Apps: Amazon Fire TV, Android TV, Roku and Tizen versions from 2017 or later

  • Disk space: 9 GB free hard disk space.

  • Internet connection: DSL 6000 or higher.

 

7. Liability, Rights and Obligations of takt1

 

7.1 takt1 reserves the right to expand, alter and/or improve the services on offer at any time, provided that such changes, in consideration of the interests of takt1, are deemed reasonable for the User. This applies in particular to cases in which the changes do not result in any economic disadvantages for the User, e.g. through the introduction of new and/or enhanced functions.

7.2 takt1 guarantees the availability of its services amounting to 99% on an annual average. This does not apply to periods in which the services are unavailable online due to technical or other problems for which takt1 is not responsible.

7.3 takt1 may limit access to its services if this is deemed necessary in order to maintain network security and network integrity, in particular to avoid serious disturbances to network, software or stored data, and where it is deemed necessary to protect the interoperability of its online services or to maintain data protection standards.

7.4. Changes to the line-up, the venue or the concert program of an exclusive live stream do not entitle the customer to a refund on a 7 Day Ticket or Monthly or Yearly Subscription. The same applies in the case of changes to the scheduled date or time of an individual live stream for 7 Day Tickets and Monthly and Yearly Subscriptions.

The information on our website is updated on a daily basis. Any changes we are made aware of in advance will be included in our newsletter.

7.5. In the unlikely event that a live stream is cancelled, we will in most cases offer a replacement live stream. In all other cases – i.e. in the event of the outright cancelation of a planned exclusive live stream – we ask Users who have purchased a 7 Day Ticket for this concert to contact takt1 within six (6) months of the original live stream date for a full refund of the cost of your ticket. This does not apply to the takt1 Monthly or Yearly Subscription.

8. Final Provisions

8.1 takt1 reserves the right to revise these T&Cs at any time and without stating reasons. The revised terms and conditions will be sent to the Users by email at the latest four weeks before they come into effect. Should a User not object to the validity of the new T&Cs within four weeks of receiving the email then the revised T&Cs will be deemed to have been accepted. In any email containing revised terms and conditions, takt1 will specifically make Users aware that they have the option of objecting and will inform them concerning the significance of the four-week deadline.

8.2 Should individual provisions of these T&Cs be or become invalid, this does not affect the validity of the remaining provisions.