Conditions of Use OUTtv Pro
Article 1. Definitions
"Subscription": a Subscription to OUTtv that offers the User access to certain Content over a certain period;
"Account": the personal registration that offers the User access to the Service;
"Devices": the Devices on which Content can be displayed as stipulated on the Website;
"Content": audio-visual material such as films, series, documentaries, trailers, digital magazines;
"Service": the Service of OUTtv that allows the User to purchase various types of Content through various types of Devices; optionally through a fee-based Subscription (insofar required) and exclusively for private use in compliance with the following Terms and Conditions;
"User": the natural person who purchases the Service from OUTtv;
"Customer Service ": detailed information on the Customer Service can be found on the Website;
"Parties": both OUTtv and the User;
"Privacy Statement": the privacy statement that regulates the processing of User data by OUTtv;
"Profile": information about the User that is part of the Account, such as their first name, family name, date of birth, sexual orientation, gender, and place of residence;
"OUTtv": the private limited company OUTTV Media B.V., with its registered office and principal place of business in Utrecht at the Hengeveldstraat 29 (3572 KH), registered at the Chamber of Commerce under registration no. 30236905;
"Transaction": the joint agreement of the Parties to enter into a legally binding relationship in which OUTtv undertakes to provide the user with access, subject to the conditions stipulated in the Terms of Use, to certain Content for a financial compensation which is paid by the User to OUTtv;
"Terms of Use": the present OUTtv Terms & Conditions which apply to the (legal) relationships between the parties.
"Website": the OUTtv-Service Website, located at: www.outtvpro.com.
Article 2. Scope Terms and Conditions
2.1. These Terms and Conditions apply, under the exclusion of other (general) Terms and Conditions, to all legal relations between the User and OUTtv, among which those pertaining to the Service, Subscription, and Transactions.
2.2. By making use of the Service, including, among other things, entering into a Transaction or registering on the Website, the User acknowledges the applicability of these Terms and Conditions.
2.3. The latest version of these Terms and Conditions can be consulted on the Website at any time. OUTtv reserves the right to amend these Terms and Conditions from time to time. When informing the User of changes, OUTtv shall observe a notice period of one month before the amended Terms and Conditions apply to the Service. In case of amendments to the Terms and Conditions that are objectively disadvantageous to the User, the User reserves the right to terminate the use of the Service free of charge during this notice period, with termination effective from the moment the amendments enter into effect. Users with a Subscription with a minimum duration as defined in § 4.3 only have the right to reject the changes.
2.4. The nullity or invalidity of any provision of these Terms and Conditions shall have no effect on the validity of the other provisions of these Terms and Conditions.
Article 3. Service Usage
3.1. The User must create an Account to use the Service. The Service offers the User the opportunity to watch free Content, take a Subscription for certain content, or purchase individual units of fee-based Content (if applicable).
3.2. The creation of Subscriptions and/or purchasing of fee-based individual Content is restricted to persons of 18 years of age or older. Minors are solely allowed to make use of the Service under adult supervision.
3.3. The User can, among other things, manage and/or make changes to the Account by logging in.
3.4. When creating an Account, the User is requested to enter a username and unique password. During the Account creation process, certain information might be requested of the User, such as their first name, family name, age, sexual orientation, gender, and place of residence.
3.5. The User undertakes to guarantee the secrecy of the password and username and not disclose these to third parties. Every Transaction concluded through the Account is assumed to be either performed by, or performed with the consent of, the User. The User is held responsible and accountable for abuse and/or misuse of the Account and of the Username and password information.
3.6. OUTtv can stipulate additional regulations and instructions related to the use of the Service, vouchers, and promotional codes. These additional regulations and instructions are announced on the website and may be amended from time to time. The User undertakes to carefully comply with these additional regulations and instructions.
3.7. The Privacy Statement of OUTtv, as published on the Website, regulates the processing of personal data. OUTtv is responsible for processing this personal data within the meaning of the Personal Data Protection Act (Wbp).
Article 4. Transactions
4.1. Every OUTtv offer, including but not limited to the offer to purchase a Subscription or the provision of Content through the Service, on the Website or otherwise, is not binding.
4.2. A Transaction between the User and OUTtv enters into effect after the User takes a Subscription and/or rents certain individual pieces of Content. The right to access this Content takes effect after OUTtv receives the fee for the aforementioned Subscription and/or individual pieces of content. A Subscription enters into effect on the day OUTtv confirms the User registration, after the associated Transaction is completed.
4.3. Each Subscription has a minimum duration, which is indicated by OUTtv in the Subscription process. Therefore, a Subscription can only be cancelled on or after the minimum duration date.
4.4. After the minimum duration, the Subscription is automatically converted into a Subscription for an indefinite period, which can be terminated at any moment under observance of a one-month notice period.
4.5. In certain cases, as indicated, individual pieces of Content can be purchased. When renting the individual pieces of Content and after conclusion of the associated transaction, the User is entitled to watch said content for the period indicated by OUTtv. The individual pieces of Content can be watched on those devices to which the User’s Service applies.
Article 5. Payment
5.1. When entering a Transaction for a Subscription and/or the purchasing of individual pieces of Content (if applicable), the User owes OUTtv a remuneration. The amount owed is indicated by OUTtv before entering into a Transaction.
5.2. All prices published by OUTtv are in euros and inclusive of the VAT as applicable in the Netherlands, unless stated otherwise. OUTtv does not offer any price protection or reimbursement in case of price reductions or promotional offers after the Transaction has been established.
5.3. In certain cases, indicated by OUTtv, payment can be done via certain coupons or promotional codes.
5.4. The User is expected to pay the amount owed for the minimum duration of a Subscription and/or individual pieces of Content immediately upon making said Transaction, unless otherwise agreed. Remuneration shall be settled through one of the payment methods offered by OUTtv (such as iDEAL). The selection of available payment methods may be amended from time to time if this is deemed necessary by OUTtv for its business operations.
5.5. After expiry of the minimum duration of a Subscription, the fee due is either deducted monthly by OUTtv from the bank account indicated by the User on the calendar day on which the Subscription entered into effect, or the amount owed is settled in a different manner. In some cases, OUTtv may choose to amend the payment date, e.g. if the remuneration could not be debited or if the Subscription entered into effect on a calendar day that is not present in a certain month. The level of remuneration for the Subscription can be amended unilaterally by OUTtv after expiry of the minimum duration; however, such price amendments only enter into effect one month after notification of the User. § 2.3 shall apply by analogy.
5.6. In the event of untimely or incorrect payment, OUTtv will retain all its legal rights. OUTtv is (among other things) entitled to suspend the Service, terminate the Subscription effective immediately, charge extrajudicial collection costs, and transfer the claim to a collection agency.
5.7. OUTtv shall not perform any repayments or issue any credits. This also applies to partially unused or unused periods of time.
Article 6. Content
6.1. The range and scope of Content offered via the Service is subject to continuous change. OUTtv reserves the right to amend the Content without prior notice.
6.2. The Content is offered with inclusion of the determined age and content classifications provided by the licensors of OUTtv. These classifications follow the ‘Kijkwijzer’ parental advisory system unless the licensors have not determined said classifications. By concluding a Transaction or by watching certain Content, the user states to have at least reached the required minimum age for the content.
6.3. Specific technical prerequisites and restrictions for receiving and playing rented Content on different kinds of Devices are indicated on the Website and may change from time to time. The User is responsible for the proper functioning of the Devices used to watch the Content as well as of the Internet connection used by the User to access the Content and Service.
Article 7. Licences and intellectual property
7.1. All (intellectual property) rights that apply to or are the result of (the content of) (parts of) the Service and Website – including but not limited to photographs, user interfaces, audio and video clips, Content, editorial content, and software scripts used to render the Service – are reserved by OUTtv and/or the licensors of OUTtv. These rights are in no way transferred to the User unless unequivocally expressed otherwise by OUTtv. The User is in no way entitled to use the Service, Content, and Website in any way that deviates from the usage of the Content as stipulated in these Terms and Conditions.
7.2. The User is granted a limited, non-exclusive, non-transferrable, non-sublicensable licence to watch the Content offered on a Device, subject to the Terms and Conditions and exclusively in a private setting (for personal, non-commercial use). Aside from the aforementioned limited license, no associated right, ownership, or interest is transferred to the User. No part of the Content may be reproduced in any form or by any means except as expressly permitted in these Terms.
7.3. Any use of the Content by the User that deviates from the permitted uses stipulated in these Terms and Conditions, including but not limited to any commercial or promotional use, is forbidden and expressly reserved to the holder of the Content’s rights.
7.4. After it is ascertained that the User is acting in breach of the Terms and Conditions and/or the applicable legal rules and/or publishes, distributes, or reproduces Content or makes Content available to third parties, OUTtv reserves the right to make an official report to the authorities and hold the User liable for all costs and damages incurred, including but not limited to material and immaterial damages. The User may also be excluded from any further use of the Service without reimbursement of the remunerations paid by the User.
7.5. The User undertakes to refrain from, directly or indirectly, infracting on, circumventing, removing, deactivating, limiting, or hindering the content protection of the Content and/or the Service; from using robots, spiders, scrapers, or other automated tools to gain access to the Service and/or Content; from decompiling, disassembling, or reverse engineering software or other products or processes available through the Service; from inserting codes or products in any way; from manipulating Content in any way; from using any data mining, data collection, or data extraction methods. Moreover, the User undertakes to refrain from uploading, submitting, e-mailing, or in any other way communicating material that is intended to interrupt, render impossible, or limit the functionality of computer software or hardware or telecommunications equipment related to the Service, including but not limited to software viruses or other types of computer code, files, or software.
Article 8. Liability
8.1. OUTtv accepts no liability whatsoever for potential consequences (including direct and indirect material and immaterial damages) related in any way to the use of the Service, Content, Website, or the inaccessibility thereof, including but not limited to disturbances, disruptions, incomplete information or errors, except for cases of intent or deliberate recklessness on the part of OUTtv.
8.2. OUTtv does not offer any warranties and does not accept any liability for the inability to display Content due to insufficient functionality and/or malfunctions of the User’s Devices or Internet connection.
8.3. OUTtv cannot guarantee the Content’s compliance to the User’s expectations potentially inspired by marketing communications such as trailers, synopses, and other promotional material. In no case shall OUTtv and/or its licensors be held accountable for any shortcomings of the Content to any contextual expectations pertaining thereto.
8.4. If and insofar as OUTtv might be liable towards the User for any losses suffered by the User, regardless of cause, this liability is at all times limited to the height of the remuneration received by OUTtv to provide the Service to the User.
8.5. Without prejudice to this article’s provisions, the User undertakes to always communicate in writing, via email, any complaints or alleged claims within 24 hours of discovery, or in any case as soon as possible. The contact details are on the website.
8.6. All claims that the User can exert towards OUTtv shall become void after 12 months after the claim has arisen and shall expire ipso jure after 24 months after the claim has arisen.
8.7. The User is liable for any damages suffered by OUTtv as a result of the use of the Service and/or Content in breach with the provisions of these Terms and Conditions or by infracting in any other way on these Terms and Conditions. The User shall indemnify OUTtv against any third-party claims resulting from the User’s use of the Service and/or Content in breach with the provisions of these Terms and Conditions.
Article 9. Force majeure
9.1. Without prejudice to the other rights to which OUTtv is entitled, OUTtv is entitled to suspend the Service as OUTtv deems fit in case of force majeure, or to cancel the execution of a Transaction without any judicial intervention. OUTtv shall in these cases not be obligated to reimburse the User except for those cases in which this would be unacceptable according to the standards of reasonableness and fairness under the given circumstances.
9.2. Force majeure includes any shortcoming not attributable to OUTtv, including (but not limited to) a shortcoming caused by any of the licensors or suppliers of OUTtv, the payment services commissioned by OUTtv to render the Service, the technical adequacy of the Service and the Website, and legal changes.
Article 10. Applicable law and choice of forum
Only Dutch law applies to these Terms and Conditions, the Service – among which the Transactions and Subscriptions – and other legal relationships between the User and OUTtv. Any disputes pertaining to these shall initially be handled by the competent court in Amsterdam, the Netherland