JF Club – Terms of Use
1.1 The JF Club is an offer by Julia Fischer, represented by KünstlerSekretariat am Gasteig, Montgelasstraße 2, 81679 München, Germany.
1.2 Through the website "www.juliafischer.com" and the JF Club we offer you background reports, current information on the artist Julia Fischer and upcoming concerts. As a registered member of the JF Club, you can listen to resp. watch current audio files, videos and other musical performances of Ms. Fischer via streaming and have the opportunity to attend rehearsals of the artist live.
1.3 The contents are updated or exchanged from time to time. There is no claim to specific content or fixed update dates. Details of the individual contents offered can be found on the website at www.juliafischer.com.
These General Terms and Conditions of Use (hereinafter: "GTC") apply to the usage of all services via the website www.juliafischer.com and the services within the scope of a membership in the JF Club. By clicking on the corresponding box in the course of the registration, you agree to the validity of these terms and conditions.
3.1 The contents of the website at www.juliafischer.com can be viewed without registration, partly free of charge. To use some of the services such as video or music streams, a registration for the JF Club and a paid subscription is required. To that end, you undergo the registration process, enter your payment data and finally click the button "order with obligation to pay". Herewith you make a binding offer to conclude the subscription contract.
3.2 Notwithstanding the right to refuse you as a subscriber without giving reasons, we accept the offer by sending you a confirmation e-mail containing the basic data of your subscription and these GTC, and activating the services of the JF Club. Should you trigger a payment to us during the ordering process, the release of the payment process or our acceptance of the purchase price forms the binding acceptance of the purchase contract. Acceptance or rejection of the offer shall be ensued within two working days at the latest.
3.3 The languages available for the conclusion of the contract are German and English.
3.4 After successful registration, we will send you the confirmation e-mail with the contract data and the GTC. Beyond this, we do not save any text of the contract accessible to you after conclusion of the contract. Hence, please store the confirmation mail safely.
4.1 Your registration is a prerequisite for the usage of the paid content. You must be at least 18 years of age or - if you are between 14 and 18 years of age - have the approval of your legal guardian. Membership in the JF Club and utilisation of the contents is only permitted for private, non-commercial usage.
4.2 You will receive an access code during your registration. During the registration process, you will also enter your e-mail address and a password with which you can log in (hereinafter collectively referred to as "access data").
4.3 You are responsible for the protection of your access data. The access data must be kept secret and may not be made accessible to third parties without our express consent.
4.4 Personal information must be provided completely and truthfully. You are obliged to inform us immediately of any changes to the access data or other stored personal data (including any changes to the bank details, credit card data, PayPal account, etc.).
4.5 Should you establish or suspect that your access data is being used by third parties, you are obliged to change your access data (particularly the password) immediately and to inform us.
4.6 Should there be a justified suspicion of misuse of the access data, in particular if indicated by you, we are entitled to block access to the JF Club either temporarily or permanently. You shall be informed promptly thereof. In cases of culpable misuse of the access data or the services of the JF Club, we are also entitled to terminate the contract extraordinarily.
4.7 We shall not be liable for any damage caused to you as a result of misuse or loss of access data. This does not apply if the damage was caused intentionally or grossly negligent by us. Furthermore, the exclusion of liability does not apply to damages resulting from injury to life, limb or health, if we are responsible for the breach of duty.
5.1 The JF Club subscription and the usage of the services are fee-based. The fees are detailed on the website and are to be understood as final prices including VAT. The subscription fee is due in advance for the duration of the subscription immediately after conclusion of the contract. Charges are debited automatically.
5.2 We activate the services of the JF Club directly upon conclusion of the contract. Within the scope of your membership in the JF Club, you will have access to copyrighted material, such as texts, images, but above all music recordings of Julia Fischer. You may use these for your private purposes in accordance with the provisions of Clause 7. We provide you with the current pieces of music and video sequences of Julia Fischer as "stream", i. e. as a continuous data stream in your internet access browser. You can listen to and view the streams as often as you like during the contract term. Prerequisite is the use of an internet access, a common browser (e. g. Explorer, Firefox or Chrome) in the latest version and a corresponding media player (e. g. Windows Media Player, iTunes, etc.). You are responsible for internet access, the necessary software and hardware, this is not part of our service. Depending on the contract with your internet service provider, additional charges may apply for the internet connection.
5.3 You can choose between different payment methods and add credit/debit cards. However, there is no entitlement to a particular payment method. In any case, we will always provide you with an established and acceptable free payment option.
5.4 We reserve the right to ask you, in writing or by telephone, to pay any outstanding amounts. If you are in arrears with payments, the legal default regulations apply. We shall be entitled to demand all further claims against you and to discontinue all services until all due payment claims have been met.
6.1 Right of Withdrawal, Cancellation Policy
As a consumer, i. e. as a natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to either a commercial or self-employed professional activity, you have a right of withdrawal upon conclusion of a paid JF Club contract, of which we inform you as follows:
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CANCELLATION POLICY |
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Right of Withdrawal |
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You have the right to withdraw from this contract within fourteen days without giving reason. |
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The withdrawal period will expire after fourteen days from the date of the conclusion of the contract. |
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In order to exercise your right of withdrawal, you must notify us (Julia Fischer - c/o KünstlerSekretariat am Gasteig, tel. +49 89 444 88 79-0, Fax +49 89 448 95 22, team@ks-gasteig.de) by an unequivocal statement (e. g. letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You may do so by using the enclosed model cancellation form, but it is not obligatory. |
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In order to meet with the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal prior to the expiration of the withdrawal period. |
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Effects of Withdrawal |
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If you withdraw from this contract, we shall refund all payments received from you, including delivery costs (with the exception of supplementary costs resulting from your selecting a different means of delivery other than the least expensive standard delivery offered by us), immediately and not later than within fourteen days from the day on which we have received notice of your withdrawal from this contract. We shall use the same payment method for this reimbursement as used by you for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as result of such reimbursement. |
The right of withdrawal shall furthermore expire in the case of a contract for the delivery of digital content which is not on a physical data carrier if the contractor has started to execute the contract after the consumer
6.2 Model Withdrawal Form
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Model Withdrawal Form |
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(If you want to withdraw from the contract, please complete the form and return it to us.)
To [Julia Fischer – c/o KünstlerSekretariat am Gasteig, tel. +49 89 444 88 79-0, Fax +49 89 448 95 22, team@ks-gasteig.de]:
I/We* hereby withdraw from the contract concluded by me/us* concerning the sale of the following goods*/provision of the following service*:
Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if submitting on paper)
Date
(*) Delete as appropriate |
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7.1 The JF Club and the contents are our property or the property of our licensors, such as Julia Fischer. We grant you a non-exclusive, non-transferable and revocable license, limited in time to the term of the contract, to use the JF Club services within the scope of the contract and for non-commercial purposes, in particular to stream the content and to carry out the necessary acts of reproduction on your computers or mobile devices. Furthermore, the content may not be distributed, broadcast, transmitted, made publicly accessible or used in any other way. Any kind of linking to the contents of the JF Club is prohibited.
7.2 All trademarks, photos, logos, domain names, and other intellectual content appearing on the website are our property. To this extent, we do not grant you any rights to use these contents.
7.3 Please note that you may not modify or remove copyright notices and technical protection mechanisms attached to individual contents or protecting individual content.
8.1 You can choose between two fixed contract terms of 1 or 12 months. Within the current contract period, you can terminate the contract at any time to the end of the respective contract period. If no notice of termination is given, the contract will be extended for a further contract period.
8.2 Both parties reserve the right to terminate the contract for cause. The notice of termination can be given in written or electronic form as well as, by you, via the "Manage Account" menu item.
8.3 We have the right to terminate your access and thus this contract of use immediately for good cause, in particular if you culpably violate essential obligations of this user contract (e. g. culpable misuse of the access data according to clause 4.6 or violation of our rights to the contents) and you do not discontinue such an infringement within a reasonable period of time despite our request.
9.1 The claim to use our services exists exclusively within the current state of the art.
9.2 The statutory liability for defects applies. We reserve the right to interrupt or limit access to content for a short period of time if this is necessary with respect to capacity limitations, the security or integrity of the servers or to carry out maintenance work. We will inform you in advance of any such measures, if possible. For technical reasons in particular it may not be possible to access the activated content temporarily or only to a limited extent (unanticipated system failures). Otherwise, the statutory warranty applies.
9.3 Claims for damages due to violation of duty and tort as well as claims for reimbursement of futile expenses are excluded against us as well as against our vicarious agents and assistants.
9.4 The aforementioned limitation of liability shall not apply in the event of intent or gross negligence, as well as in the case of violation of essential contractual duties, i. e. such contractual duties which make the proper execution of the contract possible and on the compliance of which you may regularly rely, and the violation of which on the other hand would jeopardize the achievement of the purpose of the contract. Furthermore, it shall not apply to damages resulting from injury to life, limb or health if we are responsible for the violation of duty. Furthermore, the limitation does not apply to damages that are based on the absence of a warranted property or in cases of liability according to the product liability act.
10.1 We reserve the right to propose changes to these GTC at any time.
10.2 We will offer you changes to the GTC in text form (e. g. by e-mail) at least 30 days prior to the proposed date of their becoming effective.
10.3 The amended GTC shall be considered approved by you if we are not notified of the rejection in writing or electronically before the proposed date of the changes become effective. If you do not agree with the changes, you have an extraordinary right of termination.
10.4 In the notification offering the changes, we shall inform you separately of the right of refusal, the time limit designated for this purpose and the consequences of the expiration of time as well as the possibility of termination. We will also publish the amended GTC on the website.
The protection of your personal data is an important concern for us. We therefore observe all relevant data protection regulations, e. g. according to the Federal Data Protection Act and the German Teleservices Act. Further details on data protection can be found in the Privacy Policy.
12.1 The contract shall be governed exclusively by the law of the Federal Republic of Germany. The validity of the UN Convention on Contracts for the International Sale of Goods and German private international law is excluded. If you are a consumer (cf. clause 6.1), the mandatory consumer protection provisions pertaining in the country in which you have your habitual residence are also applicable, provided that they offer the user further protection.
12.2 If the customer is a trader, a legal entity under public law or a public separate estate, the exclusive place of jurisdiction for all claims arising from the contractual relationship shall be the City of Munich.
12.3 Link to the OS Platform according to Art.14 para. 1 of the Regulation (EU) No. 524/2013:
http://ec.europa.eu/consumers/odr/
We are not legally obliged to participate in a dispute settlement procedure before a consumer arbitration board. In the event of a conflict with you, we shall endeavour to find a mutually acceptable solution. Since arbitration boards are liable for costs, with regard to your properly understood interest in minimizing expenses, we do not voluntarily participate in dispute settlement proceedings.
12.4 Should one of the provisions of this agreement be or become void or invalid, the remainder of the contract shall not be affected. By mutual agreement, the parties shall replace such provisions by such new, valid provisions which most closely correspond the purpose of the contract.
As of: November 2017