General Terms and
Conditions
1. Definitions and Scope of the General Terms and Conditions
1.1 Definitions
The term "Video Service" includes the following functionalities:
• Recording,
• Acquisition,
• Storage,
• Web access, and
• Download for videos of rides on amusement attractions.
The captivr app enables the use of the Video Service and will be referred to as the "App" hereafter.
The Video Service can also be used via a Web App. It can be used as an alternative to the App and is hereafter referred to as the "Web App." The Web App utilizes the functionalities of the App, but its functions are significantly limited compared to the App.
1.2 Scope
These General Terms and Conditions ("GTC") apply between captivr GmbH, Bliesheimer-Str. 3, 50374 Erftstadt, Email: info@captivr.de - hereafter referred to as "Captivr" - and the users of the video recording services offered by Captivr.
These GTC regulate the conditions for recording, acquiring, and using the video files through:
• Download and use of the App,
• Use of the Web App, or
• Use of the Event Manager App for operators of attractions.
1.3 Users
Users are individual persons who wish to use the App and video recordings. The App and Web App may only be used by private individuals and also by influencers.
The use of the captivr Event Manager App for commercial or business purposes of the video recordings requires a separate written agreement with Captivr along with the operator of the amusement park or the ride operator.
2. Subject Matter of the Contract, Conclusion of the Contract
2.1 Subject Matter of the GTC
The subject matter of the GTC is the legal conditions for the use of the Video Service for recording, purchasing, displaying/showing of videos, and sharing the videos recorded by Captivr on amusement attractions. In addition to these GTC, the relevant privacy policies apply:
INSERT LINK
2.2 User Contract
The user contract for the App and the Video Service with these GTC is concluded by the user confirming the applicability of the GTC before starting the download process or after accessing the App or Web App by clicking the respective checkbox.
The user contract for the Event Manager App and the Video Service with these GTC is concluded by the operator confirming the GTC by clicking the respective checkbox after registering in the Event Manager App.
2.3 Age Requirement
Users must be at least 16 years old at the time of downloading the App or Web App.
Users of the Event Manager App must be at least 18 years old at the time of downloading the App or Web App.
3. Language of the Contract; Storage of the Contract Text
3.1 Language
The language available for the conclusion of the contract is German.
3.2 Availability of the GTC
The GTC and privacy information are always available at https://www.captivr.net/ and via the App or Web App. The contract documents are otherwise not stored on the user's device.
https://www.captivr.net/de/app/allgemeine-nutzungsbedingungen/
https://www.captivr.net/de/app/datenschutzerklaerung/
4. Access to the App or Video Web Service / Use of the App or Video Web Service / Accompanying Persons
4.1 Use is Free of Charge
The use of the App and the Video Service is free of charge. The App can be downloaded from the respective app store (see section 5 Usage Requirements) after confirming the applicability of these GTC. Alternatively, the Web App can be accessed via a link from the Captivr homepage.
The use of the Event Manager App is also free of charge, but the user (attraction operator) will only be granted access to extended services of video distribution if they have entered into a contract with Captivr.
4.2 Registration
The user agrees to provide truthful and complete information about themselves, their age, and, if applicable, their contact details, insofar as the use of the App and video recordings requires such input.
4.3 Accompanying Persons
Recording accompanying persons is permitted if the accompanying person(s) are at least 16 years old. The user is obliged to provide necessary information about accompanying persons if they are to be included in the video recording and to carry out the required measures (e.g., scanning the associated QR code). The user is also obliged to inform the accompanying persons about these GTC and the privacy information and to provide these documents to the accompanying persons.
4.4 Uninstallation
The user can uninstall the App from their device at any time. After uninstalling the App, Captivr will continue to store data required for contract execution, such as the "serial number" assigned by Captivr and stored on the user's device (see section 5.1). Otherwise, personal data of the user will be deleted unless it is still needed for the agreed use of video recordings or due to statutory retention periods.
5. Functions of the App or Video Web Service / Video Recording Procedure and Use / Conclusion of the Video Purchase Contract, Right of Withdrawal
5.1 Download
The App or Web App assigns a Captivr serial number that is stored on the device and serves to carry out the Video Service. For installing the App and using the App or Web App, input about the age and consent to these GTC, privacy policy, and general consent for desired video recordings is required. To prevent misuse, consent to location data collection must also be given.
5.2 Video Recording
If a video recording is to be made, the user must open the App or Web App on their mobile device before the upcoming ride and scan the QR code located in the boarding area of the attraction, which contains information about the user's seat or is provided by the operator via the Event Manager App. If an accompanying person is also to be filmed, the accompanying person’s QR code must also be scanned. The user will then be prompted by the App or Web App on their device to consent to the video recording and, if necessary, confirm that the accompanying person also agrees to the video recording. The video recording will only begin if the required confirmations are provided. Persons for whom no confirmation was given will be pixelated in the video to ensure anonymity.
Instructions from the attraction staff must be followed if applicable.
5.3 Provision of the Video Recording
After the video recording is completed, the video file will be made available for retrieval. Depending on the attraction, the user must either pay a price in advance for the recording and then receive it in full or receive a short trailer in the App and have the option to purchase the video within 2 weeks.
5.4 Purchase of the Video Recording, Conclusion of the Video Purchase Contract, and Right of Withdrawal
The user can purchase the video file.
There are two options: either the end user buys the video before recording at the point of sale of the attraction operator, or they buy it afterward. In the latter case, the user will receive a notification on their mobile device once the video file is completed, and it can be purchased within 2 weeks according to the valid price list available in the App. The user can then agree to purchase the file in the App or Web App by clicking the "order for a fee" checkbox. After clicking the checkbox, the order details will be displayed, which must be confirmed with another click.
The purchase contract for the video recording with Captivr is concluded with the second click. The user will receive an order confirmation.
With the second click, the user will be redirected to a payment service provider to pay the purchase price. After payment, the user will receive a link on their device to access the video file. Both viewing and downloading of the video file are possible.
To view or download the file, the user's device must have at least the following technical specifications:
• iOS operating system version 13 or higher
• Android operating system version 4.4 W KitKat API Level 20
• QR Code scanning function
• Geolocation data collection
The file will be stored by Captivr in a protected cloud for a duration of one year. A longer storage period for a purchased video file is possible for an additional fee. If a video file is not purchased within 2 weeks after notification of its availability, the file will be deleted.
Consumers have a right of withdrawal in accordance with section 6 below. Influencers, in their capacity as (commercial) influencers, do not have the right of withdrawal for consumers.
6. Right of Withdrawal; Early Expiry of the Right of Withdrawal
6.1 Right of Withdrawal
Consumers are entitled to a right of withdrawal in accordance with statutory provisions. This does not apply to our free offers.
6.2 Withdrawal Period
Consumers have the right to withdraw from the contract for the purchase of the video recording within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the consumer receives the video.
To exercise the right of withdrawal, the consumer must inform Captivr of their decision to withdraw from the contract by means of a clear statement (e.g., a letter sent by post or email: info@captivr.de). The attached sample withdrawal form can be used for this purpose, but a different form can also be used.
To meet the withdrawal deadline, it is sufficient that the notification of the exercise of the right of withdrawal is sent before the withdrawal period has expired.
For attraction operators and thus users of the Event Manager App, there is no right of withdrawal. The regulations agreed with Captivr apply.
6.3 Consequences of Withdrawal
If the contract for the purchase of the video recording is withdrawn, we will refund all payments received from the consumer immediately and no later than fourteen days from the day on which we receive the notification of the withdrawal of this contract. We will use the same payment method for this refund that was used in the original transaction unless expressly agreed otherwise with the consumer; in no case will the consumer be charged any fees for this refund. Following the withdrawal, the user will lose all rights to use the video.
6.4 Sample Withdrawal Form
(If you wish to withdraw from the contract, please fill out this form and send it back.)
Captivr GmbH
Bliesheimer-Str. 3
50374 Erftstadt
Germany
Email: info@Captivr.de
I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of (*)
– Ordered on (*)/ Received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if sent by mail)
Date
(*) Delete as appropriate.
7. Copyright and Usage Rights
7.1 Copyright
(a) The copyrights to the app and Event Manager App belong exclusively to Captivr.
(b) The copyrights and ownership of the video files belong to Captivr. Additionally, the operators of the respective rides on which the video recordings were made have ownership rights to the video recordings, such as trademark rights if trademarks of the ride operators are depicted.
(c) Users and accompanying persons have a right to their own image. Therefore, video recording is only done with their consent, for which the respective user is responsible. By giving consent, the user and their accompanying persons grant Captivr and the ride operators the right to use the video recording according to the consent declarations. Commercial use of the videos by Captivr or the ride operators only occurs with the explicit prior consent of the users or accompanying persons.
7.2 Usage Rights to the App and Video Recordings
(a) The user obtains a time-limited, non-exclusive, and non-transferable license to download, install, and use the app on the device that they own or control. This usage right also includes any updates (e.g., updates, patches).
(b) The user and possibly the accompanying person acquire a non-exclusive and non-transferable usage right to the contents accessed in the app. The usage right allows the user and their accompanying person to view and download the videos recorded and paid for through the app or web app onto their device for private purposes. The user must ensure that the rights of third parties, especially accompanying persons, are not infringed by their use of the video file. The usage includes playback, performance, sharing, and – with the consent of the depicted persons – posting the file on social media platforms. Copyright notices and trademarks of Captivr and the ride operators present on the video files may not be removed or altered. Commercial use of the video files is not permitted without the explicit consent of the rights holders (§ 7.1). However, posting videos featuring influencers is allowed. When the user has purchased and downloaded a video file, they own the stored file itself, but the copyright and usage rights remain as restricted by the above provisions.
(c) The user and the accompanying person may only use the app for their own private purposes.
(d) The user and the accompanying person are not allowed to make modifications to the app, decompile, reverse engineer, disassemble, attempt to derive the source code, decrypt the source code, modify or create derivative works of the app or its contents, or reuse it in other software.
(e) Rights not expressly granted to the user and the accompanying person remain with Captivr. The user and the accompanying person are not authorized to use the app, web app, and video files beyond the agreed usage. In particular, it is not permitted to duplicate, sell, rent, or lease the app.
7.3 Obligations of the User for Secure Use
(a) The user and possibly their accompanying person must take necessary precautions to prevent unauthorized use of the app and video web service.
(b) The user of the Event Manager App (ride operator) and their employees must take necessary precautions to prevent unauthorized use of the Event Manager App, Captivr App, and the video web service.
(c) The user and their accompanying person may forward or share the link granting access to the video file stored by Captivr with others. The forwarding of the link or the sharing of the downloaded video file and its use by recipients are subject to these terms and conditions and the related data protection regulations. When forwarding or sharing the video file, the user and the accompanying person are responsible for compliance with these terms and conditions and data protection regulations as data controllers (Article 4 No. 7 GDPR).
(d) The user and their accompanying person are liable to Captivr for ensuring that the app or web app and the video recordings are not used for racist, discriminatory, pornographic, youth-endangering, politically extreme, or otherwise illegal purposes or in violation of official regulations or requirements.
(e) The user may flag offensive and/or infringing content as per section (c). Captivr is entitled to delete such content. Payments made will not be refunded in this case.
7.4 Breach of Terms by the User/Accompanying Person
(a) If the user or their accompanying person breaches the provisions in §§ 2, 4, and 7 (1) to (3) due to their own fault, Captivr may block the user's and their accompanying person's access to the app and video web service after prior written notification.
(b) If the user or their accompanying person violates § 7.1 to 3 unlawfully, Captivr is entitled to delete the affected data and block access to the app and video web service until the matter is resolved. If the violation is proven, Captivr is entitled to terminate the use of the app and video web service permanently and delete the affected data and video files.
(c) If the user of the Event Manager App (ride operator) violates §§ 2, 4, and 7 (1) to (3) unlawfully, Captivr is entitled to delete the affected data and block access to the app and video web service until the matter is resolved. If the violation is proven, Captivr is entitled to terminate the use of the Event Manager App, Captivr App, and video web service permanently.
7.5 Usage Rights of Captivr to Data Entered by the User
The user grants Captivr the right to process the data entered by them in the app and web app, as well as the device ID of the device used by the user, to carry out the services described in these terms. Captivr is not liable for any infringement of third-party rights by the user and their accompanying person if and to the extent that such infringement results from exceeding the usage rights granted by these terms. In this case, the user and possibly their accompanying person shall indemnify Captivr and the respective ride operator upon first request from all third-party claims. The ride operator grants Captivr the right to process the data entered by them in the Event Manager App and the device ID of the device used by the user to carry out the services described in these terms.
8. Warranty
8.1 Liability
Captivr is not liable for functional disruptions of the app or web app and the video recording, as the app and web app, their use, and the video recording are provided free of charge. Payment obligations only exist for access to and purchase of the video file.
8.2 Warranty for End Users
Captivr guarantees the technical flawless condition of the video recording from the point of purchase. Captivr's cameras provide at least Full HD quality. The warranty covers the continuous availability and download of the file, with the user being responsible for meeting the necessary system requirements. The warranty is limited to a storage period of 1 year from the purchase or for the duration of any agreed extension. Captivr's warranty does not apply if the video recording is impaired or rendered unusable due to external influences not within Captivr's control or responsibility, such as rain, snow, or contamination caused by the user/accompanying persons, or if a ride stops or interrupts the booked ride.
8.3 Warranty for Ride Operators
Captivr guarantees the technically flawless execution of the video recording as long as the ride operator adheres to the guidelines of the Event Manager App and the equipment. Captivr's warranty does not apply if the video recording is impaired or rendered unusable due to external influences not within Captivr's control or responsibility, such as rain, snow, or contamination caused by the ride operator/user/accompanying persons, or if a ride stops or interrupts the booked ride.
9. Liability of Captivr
9.1 Liability
Captivr is fully liable according to statutory provisions for damages resulting from injury to life, body, or health that result from negligent or intentional breaches of duty, as well as in cases of liability under the Product Liability Act.
9.2 Liability for Breach of Essential Contractual Obligations
Captivr is liable for intentional or negligent breaches of essential contractual obligations (cardinal duties), with liability in cases of slight negligence limited to foreseeable and contract-typical damages at the time of contract conclusion. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract (e.g., providing the video recording as a file).
9. Liability of Captivr
9.3 Liability for Breach of Non-Essential Contractual Obligations
Captivr is only liable for breaches of non-essential contractual obligations in cases of intent or gross negligence. Even in cases of gross negligence, liability is limited to foreseeable and contract-typical damages at the time of contract conclusion. Captivr is not liable for slight negligence in relation to non-essential contractual obligations.
9.4 No Liability
Captivr is also not liable for damages resulting from the use of the app or web app, or from the video recordings on the user's end devices and applications installed thereon, unless the damage is caused by grossly negligent or intentional behavior on the part of Captivr.
9.5 Liability for Service Providers
Captivr is liable for damages caused by service providers it employs as agents to the extent outlined in the aforementioned provisions.
10. Liability of the User
10.1 Liability
The user is responsible and liable for ensuring that all inputs made by them in the app and, if applicable, in the video web services are correct. This includes, in particular:
- Required age information for the user and their accompanying persons,
- Consent declarations for data processing, including for individuals depicted in case of posting or forwarding the videos,
- Consent for the respective video recording, including that of any accompanying persons,
- Information provided to the accompanying person or, if applicable, the legal guardian regarding the terms and conditions and data protection information.
11. Liability of the Attraction Operator
11.1 Liability
The attraction operator is responsible and liable for ensuring that all entries made in the Event Manager App are correct. This includes, in particular:
- Required age information for the operator and their employees,
- Information about the legal entity,
- Consent declarations for data processing, including for individuals depicted in case of posting or forwarding the videos,
- Consent for the respective video recording, including that of any accompanying persons,
- Information provided to the accompanying person or, if applicable, the legal guardian regarding the terms and conditions and data protection information.
12. Final Provisions
12.1 Jurisdiction
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you place an order for the video recording as a consumer and have your usual residence in another country at the time of your order, mandatory provisions of that country remain unaffected by the choice of law stated in this sentence.
If you are not a consumer and have your registered office in Germany at the time of the order, the exclusive jurisdiction is Captivr's registered office. Otherwise, local and international jurisdiction is governed by applicable legal provisions.
12.2 Place of Performance
The place of performance is Captivr GmbH’s registered office. Jurisdiction is determined according to statutory provisions.
Status of Terms and Conditions: August 5, 2024