Terms and Conditions
Terms and Conditions for the use of the service on http://www.triathlonlive.tv
1. Scope; changes in the Terms and Conditions
1.1 These "Terms and Conditions" apply to the use of free and paid services that you (hereinafter "user") can subscribe on http://www.triathlonlive.tv. These services are provided by the firm Upsolut Event GmbH as your contractor with headquarters in Hamburg, Germany (HRB 60 418) (hereinafter "Upsolut" referred)
1.2 Deviating conditions do not apply. Additional agreements or divergences of the following conditions are only effective in principle through written agreements only, also by e-mail. Changes to the Terms and Conditions on Upsolut's side, which are without any economic disadvantages for the user (e.g. changes in the registration process, adjustments to the Terms and Conditions in compliance with modified or new services or functions) are adopted by the user and effectively agreed, if he is not explicitly contradicting the amendments within four weeks after receipt of the amended Terms and Conditions in writing, also by e-mail. The user is obliged to always keep his e-mail address up to date (see 2.1).
2. Subscription, virtual account
2.1 To subscribe or use the paid services of the website http://www.triathlonlive.tv, the user must be registered on http://www.triathlonlive.tv.
2.2 The user is obliged to register correctly and completely the data required, in case of changes during the updates. An update can be made by the user in his web profile when is logged in.
2.3 With the subscription, a virtual free account will be set up, with which the user can make his orders for paid services. The user can dispose of his account at any time without restrictions. A contract concluded with the mutual obligations of the user and Upsolut can not be established within the framework of the registration and the establishment of a virtual account.
2.4 Upsolut has the right to explicit reject the registration and the establishment of a virtual account. In particular, the registration and establishment of a virtual account of a minor user will only be approved, only if an original and written signed consent of his legal representative is presented to Upsolut. This has to be sent by fax or by letter to Upsolut (see below on the Section 9.1 the Upsolut listed addresses).
2.5 Upsolut can not be responsible made if certain data are not reachable during the registration or the ordering of Upsolut services. Upsolut will endeavour to shape and secure the data and to provide the most accurate data as possible.
2.6 Payments on the virtual account of the user can be made by credit card.
2.7 By registering, the risks that are connected to the Internet are noted and accepted. These are particularly related to the technical feasibility of the services, the functionality of Internet browsers, transmission speeds, risks of data loss, data protection and computer viruses.
3. Orders; contracts
3.1 Using the services of the website http://www.triathlonlive.tv requires an additional order of the individual user, which must be approved by Upsolut.
3.2 To perform the order of the user, the virtual account of the user requires a minimum deposit which corresponds to the amount of goods ordered.
3.3 The order of the user is considered as an offer to conclude a contract in accordance with these conditions. The final contract depends on the judgement of Upsolut or the necessary acceptance of the order.
3.4 With the acceptance of the order by Upsolut, which is sent to the user in the form of a written confirmation of acceptance via e-mail, a contract between the user and Upsolut is established.
4. Prices and payment methods; refund of paid services; customer account
4.1 The product price derives from the confirmation received by the user; the payment of the VAT is also included in the receipt of the confirmation. Moreover, no additional costs have to be paid by the user.
4.2 The accepted currency is currently Euro.
4.3 Payment is successful by charging the virtual account of the user regarding the ordered products.
4.4 Regarding the payment, Upsolut is working with a service provider, which guarantees the most secure data transfer and data processing as possible
4.5 The invoice and/or any other payment requests will be sent to the registered address. However, we allow us to send the documents exclusively to the e-mail address of the user.
5. Delivery of the videos
5.1 Videos are streamed in Flash format at a bandwidths of 800 kbit/s.
5.2 Upsolut will endeavour to ensure an uninterrupted retrieval of the videos. Upsolut ensures that it servers have a reach of 97% in annual average value. Nevertheless Upsolut can not guarantee that the video will be permanently available. Particularly force majeure cases caused by failures of the technique, may lead to an interruption of accessible streams.
5.3 Upsolut is not responsible if certain users are using browsers and browser settings which do not work. The same applies for the poor image quality in conjunction with the data transmission. The use of proxy servers can also lead to transmission problems. The user can notice any defects by logging and error messages displayed with an appropriate writing form.
6. RIGHT OF WITHDRAWAL - Instructions about the right of withdrawal -
6.1 The user can cancel the contractual statement (that is his order) within a period of one month without indication of causes in writing (e.g. letter, Fax, Email) to Upsolut. The period begins with the receipt of this instruction. In order to ensure the withdrawal period, the time of sending the cancellation is sufficient. The cancellation must be addressed to: Upsolut Event GmbH, Friesenweg 7, 22763 Hamburg, Germany.
6.2 The right of withdrawal expires ahead of time, if UPSOLUT has begun with the delivery of the service with the explicit agreement of the user before the end of the period of cancellation (e.g. when the production and the delivery of the desired product is made before the end of the cancellation period) or if the user has initiated it himself (e.g. with watching a video, etc.).
6.3 In case of effective cancellation, the already received benefits have to be returned. - End of the right of withdrawal instructions -
7. Restrictions on use of the Website http://www.triathlonlive.tv and image materials
7.1 The user is authorized to use http://www.triathlonlive.tv and the services of Upsolut, only according to the terms that Upsolut authorized.
7.2 The registration and/or the delivery of image materials from Upsolut in the framework of the delivery of ordered services grants the user no copy rights, trading rights, trademark rights or personality rights. All the contents provided by the service are protected by intellectual property rights, copyrights and other rights.
7.3 The user is not authorized by Upsolut to copy, reproduce, download, store and forward the available contents, and to distribute, sell and use it with commercial intentions.
8. Duration; cancellation
8.1 With the completion of the registration, the user receives a permanent, virtual Triathlonlive.tv account. During the existence of the account, the user is entitled to use the services of Upsolut. Using the various services of Upsolut requires additional individual contracts.
8.3 After the cancellation of the virtual account by the user, the unused balance will be transferred on the specified bank account of the user. Personal data will be erased after the expiration of the legal warranty and data protection periods, usually after three years. The deletion of personal data before that date is not possible because these information must be available for your safety, if these data are required for the assertion, the exercise or the defence of legal claims against public authorities or courts.
8.4 Upsolut is entitled to cancel without notice the virtual Triathlonlive.tv account of the user, if the positive deposit is not actually covered because of the default of payment of the bank or credit institution. The cancellation is done by e-mail to the registered e-mail address of the user; the failed transfer attached in copy is the proof of the cancellation.
8.5 Upsolut also reserves the right to delete user accounts that are obviously not used anymore. Obviousness is defined when the relevant account has no deposit anymore and that, despite three written request by e-mail to the registered e-mail address of the user, the user is not contradicting in writing the deletion of his account.
8.6 After the cancellation of the contract, Upsolut is entitled to assign the alias of the previous user (User-/Username) to any other user.
9. Contacts; address for service and legal representative
9.1 The user can contact his contractor Upsolut as following:
9.1.2 By post at the address Upsolut Event GmbH, Friesenweg 7, 22763 Hamburg, Germany
9.2 The address for service is the address in the point
9.1.2. Upsolut is legally represented by its managing director Christian Toetzke from the UPSOLUT Event GmbH based in Hamburg, Germany (HRB 60 418).
10. Final clause
10.1 These conditions and all the contracts made under this condition are subject to the laws of the Federal Republic of Germany.
10.2 For all disputes arising out of or in connection with these conditions as well as the individual contracts, Hamburg, Germany is the exclusive jurisdiction, if the user is a qualified merchant, a legal person under public law or special fund under public law. The same applies if the domicile or habitual residence of the user is neither in Germany nor unknown at the time of the complaint.