Important download and invoice information
When you make use of our services, this means that digital content is streamed through your computer or device. Please check the amount of data streamed carefully as using too much data may result in exceeding your data limit and therefore increased payments, especially if you use your mobile phone abroad. You are solely responsible for any internet access charges related to your use of our services.
1. INTRODUCTION
We provide you with a subscription service that allows you to access music, listening features, videos, podcasts, reviews, interviews and photos/pictures and, depending on your subscription, the on-demand service to such content streamed over the internet (Digital Content) via your computer or device. Our Service(s) or Your Subscription means the streaming service provided by Us to enable You to access Digital Content, including all features and functionality, Our Website, Application and Software, which provides You with access to such Digital Content depending on the Subscription level You choose.
These are the terms and conditions on which we provide you with our subscription services, including streaming digital content. Please read these Terms and Conditions carefully before signing up for a subscription. In these Terms and Conditions, "we", "us" or "our" means sunshine live, a division of Sunshine Live GmbH & Co KG and "you" or "your" means the person subscribing to our Services.
2. ABOUT US - AND CONTACT
We are registered in Germany under the commercial register number HRA 421268. Our registered office is located at Hafenstr. 49, D-68159 Mannheim. Our sales tax identification number is USt-IdNr.: DE 811719199 . You can contact us by writing to support@sunshine-live.de or by sending a letter to our registered office. If we need to contact you, we will do so by telephone or in writing to the email address or postal address you provided when you registered for our services or set up your user account.
3. THESE GENERAL TERMS AND CONDITIONS ARE LEGALLY BINDING
3.1 By subscribing to our Services, you agree to be legally bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you should not use our Services. The use of our services and content and our website and applications is for personal and non-commercial use only. These Terms and Conditions are available in German only. No other languages apply to these Terms and Conditions. Our Services are currently only available in Switzerland and you may not subscribe to them if you are a resident of any other country. As soon as this changes, we will keep you informed via our website.
3.2 Our Services, websites and applications are not directed at children. If you are under 18, you must obtain the consent of a parent or guardian to subscribe to our services.
3.3 By subscribing to our Services, you also agree to be legally bound by the following provisions, which form part of these Terms and Conditions:
- Any additional terms and conditions that may supplement these Terms and Conditions or replace some of them from time to time. This may occur, for example, when we update our services or when the law changes.
- Special terms and conditions that may apply to certain digital content and streaming or on-demand services, or if you have subscribed to our VIP Club, requested information and additional terms and conditions regarding CDs, records, events, exclusive live shows, meet and greets and concert tickets; and
- our privacy policy.
3.4 If we make material changes to these Terms and Conditions, we will notify you accordingly, either by displaying a prominent notice on our Website or the Application or by sending you an email. In some cases, we will notify you in advance and you will be deemed to accept any changes by your continued use of our Services after such changes have been made and you do not object within four weeks of notification. In the event of an objection, we reserve the right to terminate the contract.
4. YOUR PRIVACY AND USER ACCOUNT INFORMATION
You are responsible for any user account you have set up with us. You must ensure that you control access to and use of your account. You must also ensure that you control all devices used to access our services and ensure that you do not disclose your password or payment details to anyone. You are solely responsible for all activities that occur through your account. Any personal information you provide to us will be treated in accordance with our Privacy Policy, which is available at https://www.sunshine-live.de/schweiz-privacy-en. Our Privacy Policy explains what personal data we collect from you, how and why we collect, store, use and share that data, your rights in relation to your personal data and how you can contact us and relevant supervisory authorities if you have a question or complaint about our use of your personal data.
5. HOW TO SUBSCRIBE TO OUR DIGITAL CONTENT DELIVERY SERVICES
In this section we set out how a binding contract is formed between us.
5.1 First, choose your preferred subscription level. Some of our subscriptions offer digital content that is available for on-demand, additional promotions and offers from third parties. We are not liable for third party offers and you are strongly advised to check the terms and conditions of third party offers. You must review the terms and conditions of any particular subscription before you take out your subscription to identify any restrictions on such content. Please read more information about subscription options in the pricing section of our website before signing up for our services.
5.2 As explained in more detail in clause 6, we occasionally offer different levels of subscription, including special offers or free trials. You should check the specific terms of your subscription or any special offers when you sign up. Details of your existing subscription can be found on our website and/or by logging into your user account.
5.3 If you complete your subscription online, we will send you a confirmation email at the end of the online subscription process (for example, when you click the BUY button). Please note that when subscribing to non-freemium services, you must agree to the following statement by ticking the relevant box: "I hereby agree to the immediate performance of this Agreement when I press the 'Buy' button and confirm that I will lose my right to cancel the Agreement once streaming of Digital Content has commenced".
5.4 However, our email confirmation to you does not mean that your subscription has been accepted. We may contact you to tell you that we do not accept your subscription request. This will usually be because the relevant subscription is not available, we are unable to confirm your payment, you are not permitted to subscribe with us, or there has been an error in the pricing or description of our services or the subscription.
5.5 We will only accept your subscription when we send you a confirmation email (email purchase confirmation). At that point, a binding contract will be formed between you and us and you will have access to the subscription service you have subscribed to.
5.6 We will continue to provide our Services and access to the Digital Content to you until your subscription expires or is terminated in accordance with these Terms and Conditions.
6. TRIAL SUBSCRIPTIONS
6.1 Occasionally we offer trial subscriptions to our paid subscriptions. This means that we make our paid subscriptions available free of charge or at a reduced price for a certain period of time.
6.2 All trial subscriptions are offered at our sole discretion. We may decide at any time and in our sole discretion whether to offer you a trial subscription and may revoke or amend the terms and conditions of any trial subscription.
6.3 You should check the specific terms carefully when registering for a trial subscription or special offer.
6.4 You may be asked to enter your payment information when registering for a trial subscription. By providing such information, you agree that we may automatically collect charges for a paid subscription at our usual applicable rates. Such automatic billing will occur on the first day after your trial subscription ends and will continue on a monthly or annual basis depending on the subscription you choose.
6.5 If you do not wish to be charged for a trial subscription, you must ensure that you cancel any applicable chargeable subscription (as notified to you at the time of registration) before the end of the trial subscription.
7. SUBSCRIPTIONS, BILLING, PAYMENT AND CANCELLATION
7.1 There is no charge for our free subscription.
7.2 You may purchase any of our paid subscriptions directly from us or through a third party by paying a monthly subscription fee in advance.
7.3 Our paid subscriptions are available on a monthly or annual basis (minimum term). For more information, please visit www.sunshine-live.de/premium-angebot
7.4 We reserve the right to change the price of our paid subscription, including any recurring subscription fees, from time to time and will notify you of any price changes and any associated steps to accept the changes.
7.5 Price changes will apply at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use our services after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by cancelling your current subscription before the price change takes effect.
7.6 Subject to clause 8 below, if you purchase a paid subscription, you authorise us to automatically charge you monthly until you cancel your subscription.
7.7 After the minimum term has expired (i.e. after one month or one year from the date of your original email confirmation, depending on the duration of your original subscription), your subscription will automatically renew for a further month subject to the applicable terms and conditions of the paid subscription. This will not apply if we cancel or change the subscription or you cancel it early in accordance with these Terms and Conditions.
7.8 You may cancel your subscription with us on a monthly basis at any time after the minimum term has expired. For more information, please visit https://www.sunshine-live.de/premium-angebot or contact us at support@sunshine-live.de.
7.9 If you cancel your paid subscription, you accept that we have no liability or responsibility and that we will not (to the extent permitted by law) refund any amounts you have already paid. In the event of a cancellation that does not involve your right to cancel (see clause 8 below), you may be responsible for paying for the whole and/or the remainder of the paid subscription period. See your account information within the App for more information about your individual paid subscription and what you will be responsible for paying in the event of cancellation.
7.10 This clause does not affect your rights. For more information on your rights, see clause 16.2.
8. RIGHT OF RESCRIT - RESCRITION
8.1 Cancellation policy: If you register for a paid subscription, you have the right to cancel this contract within 14 days without giving any reason.
The withdrawal period is 14 days after the day of the conclusion of the contract (receipt of the e-mail purchase confirmation).
To exercise the right of withdrawal, you must inform us (sunshine live GmbH & Co. KG, Hafenstr. 49, D-68159 Mannheim, e-mail: widerruf@sunshine-live.de) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). For this purpose, you can use the model withdrawal form linked at www.sunshine-live.de/Muster-Widerrufsformular, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
8.2 Consequences of cancellation: If you withdraw from this contract, we must refund all payments we have received from you immediately and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
8.3 Exclusion of the right of withdrawal: When concluding the contract for our paid subscription service, you have expressly agreed that sunshine live may commence the performance of the contract (by providing the possibility to use the subscription service ordered) before the expiry of the withdrawal period set out in section 8.1, and confirmed your knowledge that by agreeing to this you lose your right of withdrawal upon commencement of the performance of the contract.
9. UPDATES OF DIGITAL CONTENT
We may update the Digital Content provided to you at any time, provided that the Digital Content always matches the description provided to you prior to your subscription to our Services.
10. PERMISSION TO USE THE DIGITAL CONTENT AVAILABLE VIA YOUR SUBSCRIPTION
When you subscribe to our services, you do not own the digital content to which you have access. Instead, we grant you a limited, non-exclusive, non-transferable right to access our Service and to use and enjoy our Digital Content in accordance with these Terms and Conditions. You have no ownership or other rights (of any kind) in any Digital Content or copies thereof. You may not conceal, alter or remove any markings that indicate who owns any Digital Content, such as copyright (©) markings, registered trademarks (®) or unregistered trademarks (™).
11. USE OF OUR SERVICES (INCLUDING OUR WEBSITE, APPLICATION, DIGITAL CONTENT AND SUBSCRIPTION PROVISION)
11.1 Your subscription may only be used on 3 computers or devices (simultaneous playback) within your household and may not be used for public performances. Your subscription and access to and use of the Digital Content are personal and exclusive to you and you are therefore not permitted to transfer them to any third party. Accordingly, no third party has the right to enforce your subscription or these Terms and Conditions.
11.2 Our provision of Subscription Services and Digital Content is non-exclusive to you. This means that we may provide the same or similar Subscription Services and Digital Content to other users. We may transfer our rights and obligations under these Terms to another organisation. If we intend to do so, you will receive written notice.
11.3 Your use of the Subscription, our Website, Applications and Digital Content may not be made by you:
- be modified (in particular, you may not adapt, reverse engineer, decompile or attempt to extract the source code of our services, application, website or any content, except as permitted by law);
- combined or used with another computer program; or
- distributed or sold to third parties.
12. AVAILABILITY AND PERFORMANCE PROBLEMS
12.1 We endeavour to ensure the continuous availability and error-free functionality of our services.
12.2 We occasionally carry out maintenance work on the servers and technical components which may lead to a temporary impairment of usability or availability. Where possible, we will carry out maintenance work outside the normal hours of use. We will notify you in advance by e-mail and / or via the app of planned work that will foreseeably require an interruption of normal operation. As far as possible, we will inform you about the type, extent and duration of the disruption.
12.3 To avoid errors in the Digital Content, You must install all corrections, updates, upgrades, new releases and new versions of Our Application as soon as possible after You receive notice from Us of the availability of such updates. Use only on the third party devices listed on our website.
12.4 The quality of the sound and display of our Digital Content may vary from device to device and may be affected by a variety of factors, including your location, bandwidth and the speed of your internet connection.
13. SUSPENSION AND TERMINATION BY US
13.1 These Terms and Conditions apply to you until they are changed. If your subscription is cancelled, this will not affect our right to receive any outstanding monies from you.
13.2 We will use commercially reasonable efforts to keep our Services operational. However, there may be temporary interruptions, for example, due to technical difficulties or minor technical changes and updates to our Services and Content to reflect changes in applicable legal requirements and regulatory, contractual and licensing requirements.
13.3 We may terminate your subscription or block your access to our Services and Digital Content at any time for just cause, including in the event of your actual or suspected unauthorised use of our Services and Digital Content or failure to comply with these Terms and Conditions. This also applies if you fail to pay for a subscription at the scheduled time.
13.4 We may also suspend or terminate Your subscription or cease to provide Our Services and Digital Content. We will give you reasonable notice before doing so. Notwithstanding the foregoing, if you have paid for a subscription that is permanently discontinued by us before the end of your paid subscription period, we will refund any prepaid subscription amounts to you after our services are permanently discontinued.
13.5 Notwithstanding clause 13.4, if we suspend or terminate your subscription or access to our Services and Digital Content, you accept that we will have no liability or responsibility to you and that we will not (to the extent permitted by law) refund any amounts already paid by you.
14. LIMITATION OF LIABILITY
14.1 We shall be liable without limitation for damages arising from culpable breach of the
life, limb or health, in the event of gross negligence or wilful misconduct.
actions as well as in accordance with the provisions of the Product Liability Act.
14.2 Otherwise, we shall only be liable for damages caused by slight negligence in the event of a breach of material obligations arising from the contractual relationship, limited to the amount of the foreseeable damage typical for the contract. In this respect, essential obligations are those obligations whose fulfilment makes the proper performance of the contract possible in the first place, whose non-fulfilment would jeopardise the purpose of the contract and on whose compliance you as a user regularly rely.
15. THINGS BEYOND OUR CONTROL
We are not responsible for delays outside our control. If your access to our services and content is delayed due to an event outside our control, we will notify you as soon as possible and take steps to minimise the impact of the delay. Provided we do this, we will not be liable for any delay caused by the event. However, if there is a possibility of a significant delay, you may contact us to cancel your subscription and receive a refund for any subscription paid and not accessed.
16. IF YOU ARE DISSATISFIED WITH OUR SERVICES
16.1 We will endeavour to resolve any disputes with you quickly and efficiently. If you are dissatisfied with the Digital Content, our Services, your subscription or any other matter, please contact us as soon as possible and we will try to resolve your matter as quickly as possible. In the event of a dispute, we will use our internal complaints procedure. You can also use an online dispute resolution (ODR) platform to resolve the dispute with us. You can find more information at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show….
16.2 We would like to point out that we do not participate in any dispute resolution proceedings before
of a consumer arbitration board and are not obliged to do so.
17. APPLICABLE LAW AND JURISDICTION
These General Terms and Conditions and the provision of our services and content are subject to the laws of the Federal Republic of Germany. The place of jurisdiction for all disputes is Mannheim, to the extent permitted by law.
18. APP STORE NOTICE
18.1 If You have downloaded Our Application from the App Store of Apple, Inc. and/or its subsidiaries (Apple) or You are using the Application on an iOS device, You acknowledge that You have read, understood and agree to the following Apple notice.
18.2 These Terms and Conditions apply only between you and us and not with Apple. Apple is not responsible for our Services, Digital Content or your Subscription. Apple has no obligation whatsoever to provide any maintenance or support services in relation to our Services, Digital Content or your Subscription. In the event of any non-conformity of our Services, Digital Content or your Subscription with any applicable warranty, you may notify Apple and Apple will refund to you (if applicable) the applicable purchase price to the maximum extent permitted by applicable law. Apple has no other warranty obligations with respect to these Terms and Conditions. Apple is not responsible for any claims you or any third party may have with respect to our Services, Digital Content or your Subscription, including: product liability claims; claims that our Services, Digital Content or your Subscription do not comply with applicable legal or regulatory requirements; and consumer protection claims.
18.3 Apple is not responsible for the investigation, defence, settlement or discharge of any claim by a third party that our Services, Digital Content or your Subscription and/or your possession or use of our Application infringes that third party's intellectual property rights.
18.4 You agree to comply with all applicable third party terms and conditions when using our Services, Digital Content or your Subscription. Apple is a third party beneficiary of these Terms of Service, and your agreement to these Terms of Service gives Apple the right (and Apple will be deemed to have accepted this right) to enforce these Terms of Service against you as a third party beneficiary of these Terms of Service.
18.5 You hereby represent and warrant that You are not located in any country subject to a U.S. government embargo or designated by the U.S. government as a "terrorist-supporting" country and that You are not listed on any U.S. government prohibition or restriction list.