Terms of use

Subject of the contract and scope

The Bundesweites Schülerfilm- und Videozentrum e.V., Lange Laube 18, 30159 Hanover, represented by Burkhard Inhülsen (hereinafter referred to as "provider"), organizes the up-and-coming Int. Film Festival Hannover and offers end customers a video-on-demand service that enables the use of selected films and other audiovisual content (hereinafter referred to as "content") by way of video on demand for a fee or free of charge will.

The VoD service is available as an embedded player on the provider's website.

The end customer's contractual partner is the provider. Processing is carried out by PANTAFLIX Technologies GmbH (“PANTAFLIX”), Neue Schönhauser Strasse 16, 10178 Berlin, Charlottenburg District Court, HRB 172999 B, in the name and for the account of the provider.

These general terms and conditions apply to the use of the website festival.up-and-coming.de and all sub-pages, and to all resulting contractual relationships with users and customers as well as accredited guests of the festival, even if services are commissioned by third parties provided by the provider. This includes in particular the use of VoD services.

 

1. No verbal agreements

Please understand that verbal agreements are ineffective and that all agreements between you and us that deviate from these general terms and conditions or that do not fall within their scope must be made in writing. An email is therefore not enough.

 

2. No commercial use

This website is only intended for your personal, not for commercial use. The content contained on this website may not be changed, sold, displayed, reproduced, distributed or otherwise published. The creation of copies is only permitted within the framework of Section 53 of the Copyright Act.

 

3. Ticket sales / film streaming

Pantaflix sells tickets to end customers in our name and on our account. The tickets are only available online. If you click the "Order with obligation to pay" button, your order will be sent to us. You will then receive an order confirmation that your order has been received (the "acceptance").

3.1 Ticket variants and ticket prices

In the order confirmation you will receive a ticket ID that enables the purchased content to be streamed. Ticket IDs are available for individual program blocks / playlists and for festival passes. A program block contains defined films. The festival pass contains all playlists (with the exception of the “Special Playlist for School 1 + 2”) of the up-and-coming Int. Film Festival 2021. The following regulations on playlist tickets and festival passes also apply to accredited guests of the festival.

Playlist ticket EUR 5.00

Festival pass 30.00 EUR

The prices offered include statutory VAT.

A return of ticket IDs is only possible in the case of the complete deletion of the purchased content. In these cases, the customer must send the tickets immediately, no later than November 30, 2021, to the Nationwide School Film and Video Center, festival@up-and-coming.de, for reimbursement. Claims for tickets received later are forfeited. The change of the language version and / or the subtitles / synchronization as well as individual parts of the program does not constitute a reason for complaint. The statutory consumer right of withdrawal remains unaffected.

3.2 Sales / streaming period and validity of ticket IDs

Festival passes and playlist tickets will be available from November 18, 2021.

Ticket IDs for the playlist tickets for the competition films and the festival passes can be redeemed once from the beginning of the festival on November 22, 2021, 5:00 p.m. (CET) to November 27, 2021, 11:59 p.m. (CET).

Ticket IDs for the playlist tickets for the winning films can only be redeemed once and only on November 28 between 1:00 p.m. (CET) and 11:59 p.m. (CET).

From the point in time at which the streaming of the selected content is started via the play button, it is available for a period of 48 hours. The playlists of the competition films are therefore available until November 27, 2021, 11:59 p.m., (CET) + 48 hours; the playlist of the winning films until November 28, 2021, 23:59 (CET) + 48 hours.

This timely availability of the playlists also applies to festival passes.

The ticket IDs are basically only for the up-and-coming Int. Film Festival Hannover valid in 2021. Purchased tickets are only valid during the above period of use of the festival. Unredeemed ticket IDs or content that has not been played expire, and there is no entitlement to a refund or credit.

3.3 Right of Use and Use

You are only granted the non-exclusive, non-transferable, non-sub-licensable right, limited in time to the periods listed under 3.2, to reproduce and save the content for private purposes to the extent necessary for retrieval, and to make it perceptible. You will not be granted any further usage rights. In particular, you are not entitled to permanently save the content in whole or in part, to reproduce it beyond the scope mentioned above, to edit it or to use it for commercial purposes or to use it for public demonstrations.

To use the VoD service, you need an internet connection and an internet-enabled device (e.g. PC, Mac, smartphone, tablet). You are responsible for the procurement, use and compatibility of the required hardware and software and the associated costs.

It is your responsibility to ensure that your device meets the technical system requirements, in particular for high-resolution display and streaming of content. The quality of the presentation of the content can differ from device to device and depend on various hardware and software factors such as how up-to-date the operating system and browser are, the location, the available bandwidth and / or the speed of the Internet connection.

3.4 Age ratings and protection of minors

The films of the up-and-coming Int. Film Festival Hannover 2021 are only released from the age of 18; an examination by the FSK did not take place.

 

4. online dispute resolution; Dispute settlement

The European Commission has set up an online platform for the out-of-court settlement of consumer disputes, which can be found at ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board within the meaning of the VSBG.

 

5. Cancellation policy

The cancellation policy is available here.

 

6. Privacy and Security

Please note our separate data protection declaration.

 

7. Exemption from third party claims for compensation

Since you as the user of this website are responsible for your own contributions, actions and data input, you undertake to indemnify us against all claims by third parties based on your use of the website and the services contained therein, in particular if these are due to your illegal use of the website or the system or the violation of third party property rights (e.g. copyrights).

You are also liable for the costs and compensation payments that we incur as a result of such claims.

 

8. Liability

Liability for damage by the National School Film and Video Center (BSFVZ) is excluded, unless the damage is due to intent or grossly negligent breach of duty by a legal representative or vicarious agent of the BSFVZ. In addition, the BSFVZ is not liable for damage insofar as the Product Liability Act provides for it. In the case of a slightly negligent breach of a main performance obligation, the amount of the claims for damages is limited to the amount of the purchase price and to such damage that occurs as a result of other procurement of the goods. Force majeure and other operational disruptions for which the BSFVZ is not responsible release the BSFVZ from its obligation to deliver.

We accept no liability for failures, interruptions or malfunctions in your technical systems or your Internet provider. The same applies to damage that you suffer as a result of your software or hardware working incorrectly or being infected by computer viruses. We are not liable in the event of the loss or incomplete, delayed or otherwise improper transmission of data, failures, interruptions or malfunctions of the telephone network, the Internet, our servers or other communication systems of network operators. This does not apply to cases of breach of essential contractual obligations. The same applies to failures, interruptions or malfunctions in our technical systems.

In principle, we assume no liability for

  • that our computers and the Internet pages always run without interruptions and errors,
  • that they are accessible and available at all times or that data is always transferred securely,
  • that the information retrieved via our website is correct, complete and up-to-date at all times.

The unauthorized disclosure of your access data and the resale of ticket IDs to third parties is prohibited. If you know that the access data has been passed on without authorization or that third parties have or have otherwise had access to the access data, you are obliged to inform us immediately of the misuse or suspected misuse in a suitable manner. We are only liable for the resulting damage when you fulfill your obligations and we have confirmed receipt of the information transmitted to you.

We are not liable for damage that can be attributed to the fact that you have given us incorrect information. In the event of damage caused by unauthorized third parties accessing your data stored by us, we are only liable in cases of intent or gross negligence. We are not liable for damage caused by input errors on your part.

Our liability is limited to direct damage. Direct damage, such as loss of data and other consequential damage, is excluded from liability.

 

9. Applicable law and place of jurisdiction and place of performance

German law applies. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply. Regulations of the international uniform sales law are, as far as permissible, waived.

The place of performance is Hanover.

The place of jurisdiction for commercial customers is Hanover. In the case of cross-border contracts, the exclusive place of jurisdiction is Hanover, Federal Republic of Germany (Article 17 EuGVU).

 

10. Changes

We reserve the right to review, update and change these terms and conditions, in particular as far as required by law or case law. We will notify you of any changes on the site. You must agree to the changes before you can continue using the contractually agreed services in order to continue using the services.

 

11. Severability Clause

Should one or more provisions of these general terms and conditions be ineffective, incomplete or in need of amendment, this does not affect the effectiveness of the remaining provisions. In their place or to close contractual loopholes, regulations should come in that come closest to the economic interests of the parties.

Bundesweites Schülerfilm- und Videozentrum e.V.

Lange Laube 18

D-30159 Hanover

Phone + 49-511-661102

Registered at the Hanover District Court VR 5495

Status: 04.10.2021