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General Terms and Conditions of Use of the Captivr app and Video Service (T&C)

1.Definitions and scope of the General Terms of Use

1.1 Definitions:
The term "video service" includes the following functionalities

  • Record,

  • Acquisition,

  • Storage,

  • Web call and

  • Download

for videos of rides on amusement park rides.

 

The Captivr app enables the use of the Video Service and is hereinafter referred to as the "app".

The video service can also be used via a web app. It can be used as a web application as an alternative to the app and is referred to below as "web app". The web app uses the functionalities of the app, but the functions are significantly limited compared to the app.

1.2 These General Terms and Conditions ("GTC") apply between Captivr GmbH Bliesheimer-Str.3, 50374 Erftstadt, e-mail: support@captivr.de - hereinafter referred to as "Captivr" - and the users of the video recording service offered by Captivr.

These T&Cs govern the terms and conditions for the recording, acquisition and use of the video file by 

  • Download and use of the the app or

  • Use of the web app.

1.3 Users are individual persons who wish to use the app and video recordings.  The app and web app may only be used by private individuals and also by influencers.

Any other commercial or industrial use of the video recordings requires a separate written agreement with Captivr together with the theme park operator or the ride operator.

  1. The version of the GTC valid at the time of use of the respective video recording shall apply.

 

2.Subject matter of the contract; conclusion of the contract

2.1 The subject of the GTC are the legal conditions for the use of the video service for recording, purchasing, displaying/displaying videos and sharing videos recorded on rides by Captivr. In addition to these GTC, the relevant data protection regulations apply.

 

2.2 The contract of use for the app and the video service with these GTC comes into effect when the user confirms the validity of the GTC before starting the download process or after calling up the app or the web app by clicking on the respective checkbox.

2.3 Users must be at least 16 years old at the time of downloading the app or Web app.

 

3.Contract language; storage of contract text

3.1 The language available for the conclusion of the contract is German.

3.2 The GTC and the data protection information can be accessed at any time at https://www.captivr.net/ and via the app or web app. The contractual documents are not stored on the user's device.

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4.Access to the app or video web service/use of the app or video web service/accompanying persons

4.1 The use of the app and the video service is free of charge. The app can be downloaded via the respective app store (see section 5 Usage requirements below) after confirming the validity of these GTC. Alternatively, the web app can be accessed via a link from the Captivr homepage.

4.2 The User undertakes to provide truthful and complete information on his/her person, age and, if applicable, contact details within the scope of using the video service, if and to the extent that the use of the app's services and video recordings require such input.

4.3 The recording of accompanying persons is permitted if the accompanying person(s) are at least 16 years old. The user is obliged to provide necessary information on accompanying persons if they are to be included in the video recording and to carry out the measures required for the accompanying persons (e.g. scanning the associated QR code). In this case, the user is also obliged to inform the accompanying persons about these GTC and the data protection information and to make these documents available to the accompanying persons.

4.4 The user can uninstall the app from his device at any time. After uninstalling the app, Captivr will continue to store the data required for the performance of the contract, such as the "serial number" assigned by Captivr and stored on the User's device (see clause 5.1 below). Apart from that, personal data of the user will be deleted as far as they are not required for the agreed use of video recordings or due to existing legal retention periods.  

 

5.Functions of the app or the video web service/procedure for video recording and its use/conclusion of the video purchase contract, right of withdrawal

5.1 Download

The app or web app assigns a Captivr serial number which is stored on the end device and which is used to carry out the video service. In order to install the app and use the app or web app, it is necessary to enter the age and consent to these GTC, the data protection information and the basic consent to the desired video recordings. To prevent misuse, consent must also be given to the collection of location data.

5.2 Video recording

If a video recording is to be made, the user must call up the app or web app with his or her mobile device before starting the respective upcoming ride and scan the QR code located in the entrance area of the ride, which contains information about the user's seat. If an accompanying person is also to be filmed, the accompanying person's QR code must also be scanned. The user will then be prompted via the app or web app on his or her end device to consent to the video recording and, if necessary, to confirm that the accompanying person also consents to the video recording. The video recording will only start if the required confirmations have been entered. Persons for whom no confirmation has been entered will be pixelated for the purpose of anonymisation when the video is created.
If necessary, the instructions of the ride personnel must be followed.

 5.3 Provision of the video recording

After the video has been recorded, the video file is made available for download. The user has the option to purchase the video within 2 weeks.

5.4 Purchase of the video recording, conclusion of the video purchase contract and right of revocation

The user can purchase the video file. After completion of the video file, the user receives a notice on his mobile device that the file has been completed and can be purchased within 2 weeks according to the valid price list available in the app. The user can then agree to the purchase of the file in the app or web app by clicking on a checkbox "order with costs". After clicking on the checkbox, the user is shown the order data, which must be confirmed with a further click.

With the second click, the purchase contract for the video recording with Captivr is concluded. The user receives an order confirmation.

 With the second click, the user is redirected to a payment service provider to pay the purchase price. After payment, the user receives a link on his or her terminal device with which he or she can access the video file. It is possible to view and download the video file.

 

For video recording, viewing and/or downloading the file, the user's terminal device must have at least the following technical features  .

 

  • Operating System iOS Version 13 oder higher

  • Betriebssystem Android Version 4.4 W KitKat API Level 20

  • QR Code Scan functionality

  • Geo Location Sensor

 

The file is stored by Captivr in an access-protected cloud for a period of one year. A longer storage of a purchased video file is possible against payment of an additional fee by the user.  If a video file is not purchased within 2 weeks after notification of the provision of the file, the file will be deleted.

The user has a right of withdrawal in accordance with clause 6 below if he is a consumer. Influencers are not considered consumers in their capacity as (commercial) influencers, which is why the right of withdrawal for consumers does not apply to them.

 

6.Right of withdrawal; premature expiry of the right of withdrawal

6.1 Right of withdrawal:
The consumer is entitled to a right of withdrawal in accordance with the statutory provisions. This does not apply to our free offers.

6.2 Withdrawal period:
The consumer has the right to withdraw from the contract concluded for the purchase of the video recording within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which the consumer received the video.

In order to exercise the right of withdrawal, the consumer must inform Captivr of his decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or e-mail: info@Captivr.de). The attached model withdrawal form can be used for this purpose. However, it is possible to use a different form.

In order to comply with the withdrawal period, it is sufficient that the notification of the exercise of the right of withdrawal is sent before the expiry of the withdrawal period.

6.3 Consequences of withdrawal:
If the contract for the purchase of the video recording is revoked, we must return all payments we have received to the consumer without delay and at the latest within fourteen days of the day on which we received notification of the revocation of this contract. For this repayment, we shall use the same means of payment that was used in the original transaction, unless expressly agreed otherwise with the consumer; in no case shall the consumer be charged any fees because of this repayment.

As a result of the revocation, the user then loses all rights of use to the video

 

6.4 Sample cancellation form:

 

(If you wish to revoke the contract, please complete and return this form).

Captivr GmbH Bliesheimer-Str.3, 50374 Erftstadt, e-mail: support@captivr.de

- I/we (*) hereby revoke the contract concluded by me/us (*) for (*)

 

- Ordered on (*)/ Access received on (*)

- Name of the consumer(s)

- Address of the consumer(s)

- Signature of the consumer(s) (only in the case of notification on paper)

 

Date
 


(*) Delete as applicable.

 

7.Copyright and rights of use

7.1 Copyrights

(a) Captivr is exclusively entitled to the copyrights to the app.

(b) Captivr is entitled to the copyrights and ownership of the video files. The operators of the respective rides on which the video recordings are made, as owners/operators of the rides and holders of the domiciliary rights, also have corresponding rights to the video recordings, such as trademark rights, if trademarks of the ride operator are depicted.  

(c) Users and accompanying persons have a right to their own image. Therefore, the video recording is only made with their consent, for which the respective user is responsible. By giving their consent, the users and their accompanying persons grant Captivr and the ride operators, if applicable, the right to use the video recording in accordance with the declarations of consent. An advertising use of the videos by Captivr or the ride operators will only take place after and on the basis of the explicit prior consent of the users or accompanying persons.

7.2 Rights of use to the app and the video recordings

(a) By downloading the app, the user acquires a non-exclusive and non-transferable authorisation, limited in time to the duration of the installation, to download, install and use the app on the end device of which he is the owner or which is subject to his control. The right of use also includes any updates (updates, patches, etc.).

(b) The user and, if applicable, the accompanying person acquire a non-exclusive and non-transferable right of use to the content retrieved in the app.
The right of use entitles the user and his or her companion to use the app for private purposes.

 

  • on view and Download

of the videos recorded and paid for using the app or web app to his end device. He/she must ensure that the rights of third parties, in particular the accompanying persons, are not violated by his/her use of the video file. The use includes playing, showing, passing on and - with the consent of the persons depicted - also posting the file on social media platforms. Copyright information and brand names of Captivr and the ride operators on the video files may not be removed or changed. The commercial use of the video files is not permitted without the express consent of the rights holders (§ 7.1). However, the use of the videos for posting depicted influencers is permitted. If the user has purchased and downloaded a video file, he/she is the owner of the file saved by him/herself, but the copyrights and rights of use continue to be restricted unchanged in accordance with the above regulations.

(c) The user and the accompanying person may only use the app for their own private purposes.

(d) The User and the Accompanying Person are not authorised to make any modifications to the app, decompile, reverse engineer, disassemble, attempt to derive the source code, decrypt the source code, modify or create derivative works of the app or its contents or reuse it in other software.

(e) The user and the accompanying person are not entitled to any rights that are not expressly granted to the user and the accompanying person above. In particular, the user and the accompanying person are not entitled to use the app, web app and video files beyond the agreed use. In particular, it is not permitted to reproduce the app, sell it or make it available for a limited period of time, especially not to rent or lend it.

7.3 Obligations of the user for safe use

(a) The user and, if applicable, his/her companion shall take the necessary precautions to prevent the use of the app and the video web service by unauthorised persons.

(b) The user and his companion are permitted to forward or pass on the link granting access to the video file stored by Captivr to other persons (recipients). The forwarding of the link or the forwarding of the downloaded video file and its use by recipients are subject to the provisions of these GTC and the related data protection regulations. In case of forwarding or sharing of the video file, the user and the accompanying person are the data controllers (Art. 4 No. 7. EU General Data Protection Regulation) and responsible for compliance with these GTC and related data protection regulations.    

(c) The user and his companion are liable to Captivr for the fact that the app or the web app and the video recordings are not used for racist, discriminatory, pornographic, endangering the protection of minors, politically extreme or otherwise illegal purposes or against official regulations or requirements or that corresponding data are created and/or stored.

(d) The user can flag offensive and/or infringing content according to point c). Captivr is entitled to delete such content. Payments already made will not be refunded in this case.

7.4 Violation of the provisions according to §§ 2., 4. and 7Abs. 1 to 3 by the user/accompanying person

(a) If the user or his accompanying person(s) violate the regulations in §§ 2, 4 and 7 para. 1 to 3 for reasons for which they are responsible, Captivr can block the access of the user and his accompanying person to the app and the video web service after prior written notification.

(b) If the user or his accompanying person(s) illegally violates § 7.1 to 3 , Captivr is entitled to delete the data affected thereby and to block the access to the app and the video web service until the facts are clarified. If the infringement is proven, Captivr is entitled to permanently stop the use of the app and the video web service and to delete the access to the respective video files affected and stored by Captivr and the video files themselves.

7.5 Captivr's rights of use to the data entered by the user

The User grants Captivr the right to process the data entered by the User in the app and in the Web app and the Device ID of the terminal device used by the User to perform the services described in these GTC.

Captivr is not liable for an infringement of the rights of third parties by the user and his accompanying person, if and as far as this infringement results from a transgression of the rights of use granted according to these GTC. In this case, the user and, if applicable, his accompanying person indemnify Captivr and the respective ride operator upon first request from all claims of third parties.

 

8.Warranty

  1. Captivr is not liable for malfunctions of the app or web app and the video recording, as the app and web app, their use and the video recording are free of charge. This is because there is only an obligation to pay for access to and purchase of the video file to be purchased.

 

8.2 Captivr guarantees the technically perfect condition of the video recording from the time of purchase of the file by the User. Captivr cameras provide at least Full HD quality. The warranty extends to the retrieval and download of the file at any time, whereby the user is responsible for the necessary system requirements. The warranty is limited in time to the storage period of 1 year from purchase or for the duration of any agreed extension. Captivr's warranty does not apply if the video recording is impaired by external influences which are not within Captivr's sphere of responsibility or which are not subject to Captivr's control. This is for example the case if after the acquisition of the video it turns out that the video recording is impaired or unusable due to rain, snow or dirt caused by the user / accompanying persons or if a ride stops or interrupts the ride booked by the user.

 

9.Captivr liability

 9.1 Captivr is liable without limitation according to the statutory provisions for damages to life, body and health, which are based on a negligent or intentional breach of duty, as well as in liability cases according to the Product Liability Act.

9.2 Captivr is liable in case of an intentional or negligent breach of essential contractual obligations (cardinal obligations), whereby the liability in case of slight negligence is limited to the damages foreseeable and typical for the contract at the time of the conclusion of the contract. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract (e.g. the provision of the video recording as a file.

9.3 In case of violation of insignificant contractual obligations Captivr is only liable in case of intent and gross negligence, whereby the liability in case of a grossly negligent violation is also limited to the damages foreseeable and typical for the contract at the time of the conclusion of the contract.

9.4 Captivr shall not be liable in the event of a slightly negligent breach of immaterial contractual obligations.

9.5 Captivr is furthermore not liable for damages caused by the use of the app or web app or the video recordings on the end devices and the applications of the users installed there, unless the damage has been caused by gross negligence or intentional behaviour of Captivr.

9.6 Captivr is liable for damages caused by service providers used by it as vicarious agents according to the aforementioned provisions.

 

10.Liability of the user

The user is responsible and liable for ensuring that the entries made by him/her in the app and, if applicable, in the video web services are correct.

This applies in particular to the

  • required age information of the user and his or her accompanying persons,

  • the declarations of consent for data processing, including with regard to the persons depicted, in the event that the videos are posted or forwarded,

  • the consent to the respective video recording, if applicable also of the respective accompanying person,

  • informing the accompanying person or, if applicable, the legal guardian about the GTC and data protection information.

 

11.Final provisions

11.1 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order for the video recording as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of that country shall remain unaffected by the choice of law made in sentence 1.

If you are not a consumer and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of Captivr. Otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.

11.2 Place of performance is the registered office of Captivr. The place of jurisdiction shall be in accordance with the statutory provisions.

11.3 Should one of these GTC provisions be or become invalid or should individual provisions of these GTC be declared invalid, this shall not affect the validity of the remaining GTC.

11.4 Captivr reserves the right to update these GTC as required. The current version published on the website https://www.captivr.net/ at the time of the app use or video recording shall apply.

 

Status of the GTC 16.06.2023

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