GENERAL TERMS AND CONDITION OF SERVICE

 

  1. Scope of application

These general terms and conditions (hereinafter referred to as: “Terms of Services”) govern the terms of use of the offered services on the website [www.arthousevienna.at] (hereinafter referred to as: “Website”) of the operator of the Website, Adrineh Simonian (hereinafter referred to as: “Creator”).

The Creator provides erotic movies in different quality and length (hereinafter referred to as: “Clips”) for fee-based streaming.

  1. Duties of Users

The user guarantees to be of legal age, which means to be at least 18 years old. For people less than 18 years of age, the use of the Website is explicitly prohibited.

The user is obliged to use the offered service for private use only. It is prohibited to use the service for commercial purposes, to replicate, sell or rent the service or to use and offer the service for advertising purposes, may it be in one’s own or in other’s interest. This includes the prohibition to copy, save and distribute the content provided by the Creator or the realization of other commercial purposes.

The user is obliged not to take any measures which may change or manipulate the Website, or are qualified to impair the proper functioning of the Website or to gain unauthorized access of third parties’ data or to modify, overwrite or take actions to change the content of third party users.

The user is obliged to refrain from any actions which may gain access to stored personal data of other users of the Website or to collect and share personal data of other users without their permission.

  1. Purchase of Clips / Registration procedure

Users can purchase individual Clips. Therefore, users have to enter their demanded (personal) data (in particular name, address, e-mail address, date of birth and credit card data), accept these Terms of Services and the Data Privacy Policy. The payment of the individual Clips shall be made by charging the credit card.

The data inquiry especially serves the purpose of age verification as provided by youth protection laws (see separate Data Privacy Policy).

Provided that there is no doubt that the user is of legal age after inquiry and control of the date, the Clip is considered to be purchased upon receipt of the purchase price which shall be paid by charging the user’s credit card. Once a Clip is purchased the user is able to permanently stream the Clip. The download of a Clip is not allowed.

The user explicitly accepts that the fulfilment of the contract will be conducted before the end of the cancellation period. Therefore, the withdrawal from the contract is precluded once a Clip has been purchased. This is based on the exception rule of § 18 sub-para (1) n°11 Fern- und Auswärtsgeschäfte-Gesetz (FAGG).

  1. Payment

The payment of the clips is conducted by charging the credit card of the user. The user guarantees to be authorised to dispose of the used credit card.

  1. Disclaimer of Warranty

The Creator makes no warranty that the Website’s services are available anytime without interruption or flaws, as well as in full for the user.

The Creator makes no warranty that the hard- and software which is required for the use of the Website’s services will always function flawlessly.

The Creator makes no warranty for contents that are accessible via links to other websites and services. This includes all announcements, offers and advertisement. The conclusion of a contract between a user with an operator of a linked website only applies to the user and the respective operator of the linked website.

The Creator reserves its right to remove Clips and to put them offline. This right is reserved especially for the case that a protagonist revokes the consent of publication. In such case the user has no right to insist on further streaming of the purchased Clip. Alternatively, the user will be offered another clip – depending on length and quality –for free or reduced conditions.

  1. Liability

The Creator is not liable for damages caused by interruptions of the transmission, delays, flaws, disorders of technical facilities, loss or deletion of data or viruses. The creator is not liable for any damages other than deliberately or negligently caused by the Creator.

The Creator is not liable for actions of users or third parties, which are infringing these Terms of Services or other illegal actions of users or third parties that are using the Website for distribution of contents.

The Creator is not liable for content of third parties’ websites which is linked to the Website.

  1. Intellectual Property Rights

The Creator is owner of all rights of the services offered on the Website (in particular but not limited of copyrights, trademark rights, industrial property rights, neighbouring rights and licensing rights). In particular, the Creator is the only creator of the offered Clips, which are (first) published by the Creator.

The Website and the provided contents therein must not be changed, copied, downloaded, published, transferred, transmitted or stored. In particular, the labelling [Arthouse Vienna] must not be used without prior authorisation.

The software used on the Website must not be copied, changed, deconstructed, edited, sold, ceded or used in any other way.

  1. Final Provisions

In case any one or more of the provisions contained in these Terms of Services shall be invalid, illegal, or unenforceable in any respect, the validity, legality or enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby.

There are no oral supplements to these Terms of Services. These Terms of Services may only be amended or modified in writing. This also applies to any waiver of this written form requirement.

  1. Applied laws / Jurisdiction

Any legal relationships between the Creator and user concluded on the basis of the Website and usage of the offered shall be governed by the laws of Austria without reference to or application of any conflict of laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods.

Any dispute arising out of these Terms of Services or the usage of the services offered on the Website shall be finally settled by the competent court for the first district of Vienna.