Terms & Conditions
GENERAL BUSINESS TERMS AND CONDITIONS
Deutsche Grammophon STAGE+
Last updated: 01 October 2022
Deutsche Grammophon GmbH, Stralauer Allee 1, 10245 Berlin (hereinafter referred to as "DG") offers a service on its website www.stage-plus.com (hereinafter referred to as "Website") and in the App "STAGE+" (hereinafter referred to as "App"), which enables its registered users to stream or retrieve sound/image sound recordings and other services in connection with the presentation of classical music (hereinafter referred to as "STAGE+ Contents") via the internet using Internet-capable terminal devices (e.g. television, smartphone, tablet, computer and other devices) (hereinafter referred to as "STAGE+ compatible Devices"). Depending on the STAGE+ Contents offered through the service, this content may be either free of charge or chargeable.
These General Business Terms and Conditions regulate your (hereinafter referred to as "User") use of the STAGE+ Contents, the Website, App, its user interfaces and all contents and software, associated with the STAGE+ Contents (hereinafter individually and collectively referred to as "STAGE+" or "Platform").
The designations of persons (e.g. User, requester, etc.), who are used in the masculine form in these General Business Terms and Conditions for purely linguistic reasons, include persons of all genders (m/f/d).
1.1. User must register via the Website or App to be able to use STAGE+ Contents. Only natural persons aged thirteen (13) years or older are entitled to register and use STAGE+ and also in all circumstances only for private use. The use of some STAGE+ Contents is only possible after purchasing a subscription, and in doing so, entering into the corresponding subscription (see Subclause 3).
1.2. User can request a free access authorisation to STAGE+ when completing the registration form on the Website or the App. To register the User must provide his email address, first and last name, country and must set a password (mandatory details) in the registration form envisaged for this purpose. The User is responsible for and assures that all (registration) details and information, which the User makes available, are correct, up-to-date and complete and the User must update these in case of changes. DG may send the User notifications and declarations by email to the email address last provided by User.
1.3. DG shall decide on the access of a User based on the details provided by the User in the registration form at its own discretion. DG reserves the right to accept or refuse a User’s registration application.
1.4. With the set-up of a User account and confirmation of the registration by DG in form of an email (Welcome email) DG shall grant the User access authorisation.
1.5. DG reserves the right to monitor User activities (e.g. music files marked by watermarks) in order to assess the User’s compliance with these General Business Terms and Conditions. Should DG determine that the User breaches these General Business Terms and Conditions, DG may block the User’s access to the account and take further (legal) measures (see Subclause 7).
1.6. The access data (email, password) shall exclusively be used by the User. The User may not pass the access data or assign the Subscription to any third party. The User is responsible for tracking all activities under his User account and undertakes to safeguard the security of all passwords and user names and to notify DG immediately after becoming aware of any unauthorised use or other security breaches of the User’s account. DG is not responsible for any losses arising from the unauthorized use of User’s account.
2. CONTENTS ON STAGE+
2.1. The decision as to whether services are offered on STAGE+, and as to which services shall be offered for free and those that are chargeable (individually and jointly referred to as "Contents") is carried out independently by DG. The User has no entitlement to access or use certain services or STAGE+ Contents. This shall also apply if DG has previously announced this service and/or Contents.
2.2. The User may access STAGE+ Contents primarily within the country, in which the User created his account and only in geographical regions, in which DG offers the service and has licensed such STAGE+ Contents. The available STAGE+ Contents may differ depending on the region and some STAGE+ Contents may not be accessible in certain countries.
2.3. The portfolio of available STAGE+ Contents shall be updated and changed from time to time at the discretion of DG. The offered STAGE+ Contents may principally concern Live-Streaming contents (e.g. concerts transmitted simultaneously with the performance via the Internet) or recorded video/audio content for retrieval via streaming. Depending on the STAGE+ Content, restrictions may apply, for example regarding the maximum period of time in which the playback of the STAGE+ Contents must be started and the duration of the access authorisation. DG also reserves the right to remove individual STAGE+ Contents from the Platform from time to time without notice and for any reasons and/or to block the access to individual STAGE+ Contents and/or the Platform in its entirety for certain territories for legal reasons (so-called Geoblocking).
2.4. The User is not permitted to circumvent any applicable geographical restrictions to use STAGE+ Contents. User agrees that User will not, for any reason whatsoever, reverse engineer, decompile, disassemble, or otherwise tamper with any security components, usage rules or other protection measures applicable to the Platform or Stage+ Content. User agrees to abide by the rules and policies established from time to time by DG. Such rules and policies will be applied generally in a non-discriminatory manner to users of the Platform and software, and may include, for example, required or automated updates, modifications, and/or reinstallations of the software and obtaining available patches to address security, interoperability, and/or performance issues.
2.5. The User can receive the STAGE+ Contents on several Devices. However, simultaneous use on different Devices is not possible.
3. ACTIVATION OF CHAREGEABLE STAGE+ CONTENT (SUBSCRIPTION)
3.1. The retrieval of individual Contents offered on STAGE+ may, at the sole decision of DG, be rendered dependent on the entry into additional individual and chargeable conclusions of contracts.
3.2. In order to be able to retrieve chargeable STAGE+ Contents the User must conclude a STAGE+ subscription (hereinafter referred to as "Subscription").
3.3. If the User has a Subscription the User can against a (monthly or annual) fee retrieve all STAGE+ Contents offered by DG on the Website or in the App.
3.4. To purchase a Subscription the User must provide further details regarding his person, in particular state a valid type of payment. Only if the User is 18 years old or in his region or country has attained the legal age of majority and has full legal capacity, then he may enter into a Subscription.
3.5. The Subscription shall be concluded for a fixed contractual term, which is oriented to the Subscription chosen by the User. Insofar as not otherwise regulated, the Subscription shall have a minimum term of one month. This Subscription shall be subsequently extended automatically by further one-month periods if it is not cancelled by one of the parties (see Subclause 7.2.). If a party does not cancel the Subscription the User agrees that the applicable fee shall be debited for the respectively following settlement period from the nominated type of payment.
3.6. Users partly have the possibility to use STAGE+ Contents free of charge for a limited period of time (hereinafter referred to as "Test Phase"). Reference will be made to the details and in particular the respective duration of the Test Phase on the Website/App or in the respective offer and when the order is placed. There is no entitlement to the agreement of a Test Phase. Insofar as a Test Phase is offered, the offer shall only apply to natural persons, who have previously not used a Test Phase for STAGE+. Until the expiry of the Test Phase the User may cancel the Subscription at any time. After the Test Phase it automatically rolls into a normal subscription.
4. PRICES, PAYMENT, PRICE CHANGE
4.1. Prices can be seen from the offer presentation. These are gross prices including the applicable value added tax at the time of the order.
4.2. The (Subscription) fee is to be paid in advance on a monthly basis or at other intervals to be displayed to the User before his order.
4.3. When making payment methods available in the User’s account, the User authorises DG (and any applicable payment processor) to debit all types of payment associated with his User account using that payment information. The User remains responsible for any uncollected amounts.
4.4. Types of payment may be updated by the User in the settings of his User account. Following each update, the User shall authorise DG (and any applicable payment processor) to continue to debit the applicable type(s) of payment.
4.5. If a payment is not successfully settled due to expiration, insufficient funds or otherwise, and the User does not cancel his Subscription pursuant to Subclause 7.1. DG can suspend the User’s access to fee-based STAGE+ Contents until DG has successfully charged a valid payment method. The right to termination pursuant to Subclause 7.3. shall remain unaffected.
4.7. DG is entitled to change the Subscription fee from time to time at its reasonable discretion in order to reflect the effect of changes in the total costs associated with STAGE+. The following cost elements shall, for example, influence the fee: Production and licensing costs, technology and software costs, costs of sales (e.g. invoicing and payment, marketing), general administrative and other overhead costs (e.g. rent, interest and other financing costs, inflation, costs of personnel, service providers and services, IT systems, energy) as well as government-imposed fees, contributions, taxes and duties. If DG changes the fee for the Subscription DG shall inform the User at least 30 days before the changes come into force by email or by another electronic notification of the change in the fees, the date of the entry into force and the reason for the change in the fees. In this case the User can cancel his Subscription at any time within 30 days after the notification of the change in the fees as described in Subclause 7.2. If the User cancels, the Subscription will continue to run until the end of the current settlement period, without the fee being changed. If the User does not object to the change before entry into force by the User cancelling his Subscription the change in the fee will become effective on the date stated in the notification; the changed fee will however only become effective for the User in the next settlement period. Subject to applicable law, the User agrees to the new price by continuing to use the service after the price change takes effect.
5. COPYRIGHT AND RIGHTS OF USE
5.1. All texts, images, graphics, sound recordings, videos displayed via STAGE+, as well as their arrangement and graphic processing, are subject to the protection of German copyright law and other protective laws. All rights to the STAGE+ Content provided or STAGE+ are the exclusive property of DG.
5.2. For the duration of the access authorisation or subscription and subject to compliance with these terms and conditions, the User is granted a limited, non-exclusive, non-transferable, non-sublicensable and revocable right to access STAGE+ Content and to view or use STAGE+ Content solely for personal, non-commercial purposes.
5.3. Apart from this, no rights, titles or claims are transferred to the User. User agrees not to use STAGE+ Content for any public performance.
5.4. User agrees not to archive, reproduce, distribute, record, modify, display, perform, publicly perform, publicly display, publish, license, broadcast, create derivative works from, redistribute in any way, offer for sale or rental, and/or use (except as expressly authorized in these General Business Terms and Conditions) any STAGE+ Content or information available on STAGE+ or obtained by User from or through STAGE+. User agrees not to make any use of the Stage+ content that would infringe the copyright therein. User additionally agrees not to circumvent, remove, alter, deactivate, disparage or prevent any copy protection in STAGE+.
5.5. Nothing in these General Business Terms and Conditions is to be interpreted to the extent that the User was granted the right to produce, distribute or sell audio or audio-visual products.
5.6. No provision of these General Business Terms and Conditions shall grant the User a right to use STAGE+ Contents as title music for a programme or another production.
5.7. The User is not permitted to use technical processes such as Web-Scraping or other automated processes in order to access STAGE+. Furthermore, the User is not permitted to insert code or other products or otherwise tamper with STAGE+, decompile, reverse engineer or disassemble any software or other products or processes accessible through STAGE+.
5.8. In addition, the User is not permitted to upload, post, send or transmit any Contents by email or otherwise, which serve to cause an interference to, to revoke or restrict the function of STAGE+. This shall also apply to all software viruses or other codes, files and programmes.
6. INSTRUCTIONS ON RIGHTS OF REVOCATION
RIGHT OF REVOCATION
The User has the right to revoke his contract within 14 (fourteen) days without stating any reasons.
The deadline for revocation is fourteen days from the day of conclusion of the contract. In order to exercise the right of revocation the User must notify
Deutsche Grammophon GmbH, Stralauer Allee 1, 10245 Berlin, mail: firstname.lastname@example.org, phone number: +49 (0) 30 52007 07
of User’s decision to revoke the contract by sending DG an unequivocal declaration (e.g. a letter sent by post or email). The User may use the following revocation form for this purpose, but there is no requirement to do so.
The User will be deemed to have complied with the revocation period if the User send his notice of revocation before such period expires.
CONSEQUENCES OF THE REVOCATION
If the User revokes a contract, DG is required to refund all payments, which DG received from the User, including the delivery costs (except any additional costs, incurred as a result of you choosing a delivery method other than the lowest-cost standard delivery offered by DG), without undue delay and at least within fourteen days from the day, on which the notification regarding the revocation of this contract was received by DG. Refunds will be processed using the same method of payment which the User used for the original transaction, unless explicitly agreed otherwise with the User; in no way will payments be charged to the User because of this repayment.
Sample: Revocation form
(If you wish to revoke the contract, please complete this form and return it to DG.)
- Attn: Deutsche Grammophon GmbH, Stralauer Allee 1, 10245 Berlin
- I/we () hereby revoke the contract concluded by me/us () to purchase the following goods() / the following service()
- Ordered on () / received on ()
- Name of consumer(s)
- Address of consumer(s)
- Signature(s) of consumer(s) (only with notification on paper)
- Date (*) Please delete where applicable.
7. REVOCATION OF THE ACCESS AUTHORISATION; SUSPENSION & CANCELLATION
7.1. The User may terminate his access authorisation to STAGE+ at any time without a period of notice by a setting in the User account and delete his User account (Delete Account function). Access to STAGE+ Contents is then no longer possible.
7.2. Cancellation of the Subscription
7.2.1. The User can cancel the Subscription ordinarily at any time to the end of the running billing period. The duration of the billing period depends on which Subscription type (e.g. annual Subscription, monthly Subscription) the User chose when purchasing the Subscription. A User can cancel his Subscription by accessing the User account of the User under MySTAGE+ (under Settings – Subscription & Payment) and selecting the button "Cancel Subscription". A User can also cancel his Subscription in another way in a text form (e.g. by email). (Note: When purchasing a Subscription via the InApp purchases function of Apple the processing and therefore also the cancellation shall be carried out via Apple.)
7.2.2. DG may cancel the Subscription with a thirty-day period of notice to the end of the settlement period.
7.2.3. DG can cancel a User’s access to STAGE+, the use of the STAGE+ Contents respectively these Terms and Conditions at any time and suspend the access to STAGE+ Contents respectively to the Platform if DG believes that the User is breaching these General Buisness Terms and Conditions, if the User has not provided a service due, if DG suspends STAGE+ or a substantial part thereof with a reasonable period of notification to the User or if DG considers this to be necessary in order to comply with applicable laws.
7.2.4. The right to cancellation for good cause shall remain unaffected.
8. (TECHNICAL) PREREQUISITES FOR USE
8.1. The use of STAGE+ presumes a suitable STAGE+ compatible device. The User can access with the majority of computers with an internet connection or with the App, which is available for certain mobile devices or other devices (e.g. smartphone, tablet), whereby an internet connection is necessary.
8.2. Registrations are also possible with a slow internet connection. As a rule, it is possible to retrieve STAGE+ Contents from a bandwidth of 2000 kbit/s, however, a faster bandwidth of 6000 kbit/s or higher is recommended.
8.3. The provision of an internet access is not part of the offer of STAGE+, the procurement of such is the sole responsibility of the User. The User is solely responsible for all due internet access fees.
8.4. Depending on the terminal device, the available bandwidth and/or the speed of the internet connection and the location of the User the quality of presentation of the STAGE+ Contents may vary. The availability of HD and 4K respectively UHD video is - insofar as available with certain individual STAGE+ Contents– depending on the terminal device, the available bandwidth and/or the speed of the internet connection and the location of the User.
8.5. Certain STAGE+ Contents may be available for temporary download and offline viewing on certain STAGE+-compatible Devices, which after this are however not permanently available to the User.
9. WARRANTY; LIMITATION TO LIABILITY
9.1. The Platform including all software, Stage+ Content and other information, materials and products included on or otherwise made available to User through the Platform are provided "as-is" and "as available" without warranties of any kind from DG or any owners of Stage+ Content. To the full extent permissible by applicable law, DG and all owners of Stage+ Content disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Neither DG nor any owner of Stage+ Content warrants that the Website or App or any software, Stage+ Content, information, materials or products included on or otherwise made available to User through the Platform are free of viruses or other harmful components.
9.2. DG shall make the Platform available with reasonable care and expertise. DG will make an effort to remedy technical interferences within the scope of the technical possibilities without delay.
9.3. Except where prohibited by law, in no event DG or any owner of STAGE+ Content will be liable for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if DG has been advised of the possibility of such damages.
9.4. In case of the breach of essential contractual obligations DG shall only be liable for the foreseeable damages that are typical for the contract. Essential obligations are those obligations the breach of which endangers the achievement of the contractual purpose or the fulfilment of which enables the proper implementation of the contract at all and the compliance with which the User may rely on as a rule. DG shall not be liable for the slightly negligent breach of other obligations than those stated in the above sentences.
9.5. The aforementioned limitations to liability shall not apply in case of an injury to life, the body, the health, for a defect after assumption of a guarantee for the quality of the product, for other damages based on intent or gross negligence on the part of DG, its legal representatives or vicarious agents and in case of malicious non-disclosure of defects. The liability according to the German Product Liability Act [Produkthaftungsgesetz] shall remain unaffected.
9.6. Insofar as the liability of DG is excluded or limited, this shall also apply to the personal liability of its employees, representatives and vicarious agents.
9.7. The limitation to liability shall also apply, insofar as the User in place of the claim for compensation of the damages instead of the service, requests reimbursement of fruitless expenses.
10. DATA PROTECTION
The User acknowledges that his data concerning the usage of the service is processed by DG for the establishment, implementation, processing, analysis and settlement of the usage relationship . Further information regarding the handling of personal data by DG can be found on the Security & Data Protection Website of DG, at https://www.stage-plus.tv/security-and-privacy.
11. TECHNICAL SUPPORT
For technical problems and complaints DG makes technical support available by email to email@example.com.
12. FINAL PROVISIONS
12.1. To the extent permitted by law, DG is entitled to make changes, adjustments and supplements to these General Business Terms and Conditions at any time. The changed General Business Terms and Conditions will be announced to the User in a text form with a reasonable period of notice before entry into force. The changes shall be deemed as approved if the User does not object hereto in a text form within 6 weeks after receipt of the notification. DG reserves the right to cancel the Subscription in this case until the end of the respective settlement period. Insofar as the User continues to uses the Platform after the change to the Generel Business Terms and Conditions the User accepts these changes.
12.2. Should one provision of these General Business Terms and Conditions be or become invalid or should the General Business Terms and Conditions be incomplete this shall have no effect on the validity of the remaining content. The invalid provision shall be deemed as replaced by that, which shall as far as possible correspond with the sense and commercial purpose of the invalid provision in a legally effective manner. The same shall apply to possible loopholes in the contract.
12.3. This agreement is governed by the law of the Federal Republic of Germany. The provisions of the UN Sales Convention (CISG) shall not apply. DG will not participate before a consumer arbitration board and does not have a legal obligation to do so.
12.4. The place of jurisdiction is Berlin, insofar as the User is a full merchant. The same shall apply insofar as the User has no registered seat or customary place of abode in the Federal Republic of Germany when the action is filed
12.5. The User will receive information relating to user’s account (e.g. payment authorisations, invoices, changes in password or payment method, confirmations and other notifications) in electronic form only, for example via emails to the email address, provided by the User during registration.
12.6. User agrees to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to User’s use of the Platform. User’s use of the Platform may also be subject to other laws. Risk of loss for all electronically delivered transactions pass to the acquirer upon electronic transmission to the recipient.
12.7. User hereby grants DG the right to take steps DG believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this General Business Terms and Conditions. User agrees that DG has the right, without liability to User, to disclose any data and/or information to law enforcement authorities, government officials, and/or a third party, as DG believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of the General Business Terms and Conditions (including but not limited to DG's right to cooperate with any legal process relating to User’s use of the Platform and/or Stage+ Content, and/or a third-party claim that User’s use of the Platform and/or Stage+ Contents is unlawful and/or infringes such third party's rights).
12.8. If User is located in the United States, the following also applies: DG’s Platform may be subject to United States export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control ("OFAC"), and the International Traffic in Arms Regulations ("ITAR") maintained by the Department of State. User warrants that User is (1) not located in any country to which the United States has embargoed goods or has otherwise applied any economic sanctions; and (2) not a denied party as specified in any applicable export or re-export laws or regulations or similar laws applicable in other jurisdictions or otherwise listed on any U.S. government list of prohibited or restricted parties.
12.9. If User is located in the United States, the following also applies: User agrees to comply with all applicable export and reexport control laws and regulations, including without limitation the EAR and trade and economic sanctions maintained by OFAC. Specifically, User agrees not to – directly or indirectly – use, sell, export, reexport, transfer, divert, release, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from DG under these General Business Terms and Conditions to any destination, entity, or person or for any end-use prohibited by the EAR, trade and economic sanctions maintained by OFAC, or any applicable laws or regulations of the United States or any other jurisdiction without obtaining any required prior authorization from the competent government authorities as required by those laws and regulations.
12.10. These General Business Terms and Conditions can be downloaded by the User by either selecting this via the options of his browser or by right-clicking to open the drop-down menu and clicking on "Save as" or by clicking on the following link: Download