Foundation for the Hungarian Theatres (in Hungarian: Alapítvány a Magyar Színházakért) (registered seat: Kossuth Lajos square 16-17. groundfloor/1/a, H-1055 Budapest, Hungary; registration number: 01-01-0012303; registering authority: Regional Court of Budapest Capital; hereinafter ”eSzínház”) provides audio and audiovisual media service at www.eszinhaz.hu or another website or application designated by eSzínház (hereinafter the ”Website”) with the content on-demand and available at any time on the Website (hereinafter the ”Service”), including the streaming of theatre performances, podcasts and concerts (hereinafter the “Performance”).

These general terms and conditions (hereinafter the ”User Terms and Conditions”) apply to agreements between eSzínház and a natural person (hereinafter the “User”) regarding the Service. Only natural persons who are at least 18 years of age may enter into an agreement with the eSzínház on providing the Service. The eSzínház has the right to refuse to enter into an agreement, or immediately terminate an agreement with a User if the User has breached any formerly concluded User Terms and Conditions. The eSzínház may, instead of refusing to enter into an agreement or to cease the provision of the Service with immediate effect, require the User to fulfil the User's obligations pursuant to the agreement.

These User Terms and Conditions apply to and are binding upon the eSzínház and the User. Agreements are also subject to special terms and conditions (including any special offers, prices, payment terms and methods, term of agreement, restriction of territory or the number of viewers, etc.), offered or determined by the eSzínház from time to time in conjunction with the execution by the User of an agreement with eSzínház and accepted by the User. In conjunction with any conflicts between the special terms and conditions and the User Terms and Conditions, the special terms and conditions shall prevail. The User Terms and Conditions and the special terms and conditions accepted by the User together constitute the agreement applicable between the User and the eSzínház (hereinafter the "Agreement"). In order to obtain access to the Service, the User must confirm that the User has read and accepted the Agreement.

The Agreement can be concluded in the Hungarian or the English language. The currently valid and effective User Terms and Conditions are available on the Website. Users acknowledge that their personal data are processed by the eSzínház in compliance with the applicable Privacy Policy, as well as the Cookie Policy on the cookies used on the Website that are available on the Website.

The Agreement between the eSzínház and the User is concluded by the User's acceptance of the conditions of the Agreement and by purchasing any of the entitlements chosen by the User set out in Points 2.7-2.9 of this User Terms and Conditions.

Provision of the Service is basically free from any territorial restriction, but the eSzínház reserves the right to restrict separately the access to the Service in case of certain contents from certain countries (hereinafter the ”Territory”). The eSzínház informs the Users about the restriction and the scope of the restriction in the description of the given performance. When Users access the Website or intends to playback a content, the eSzínház will verify the Users’ IP address and check whether the User's IP address falls under a restriction. If the Users’ IP address is unidentifiable or falls under a restriction, the access to the Website will not be provided and content playback will be denied.

The Service contains recordings of performances and other performances programmed from time to time by eSzínház at its sole discretion. The User acquires the right of access by purchasing an entitlement to the Service to the content presented from time to time on the Website.

The eSzínház strives to continuously improve the User's viewer experience. The Service and its content may therefore unilaterally, from time to time be replaced, modified or updated by eSzínház. The current list of content of the Service shall be available on the Website. Changes, modifications to, or updates of the content of the Service and other changes to the appearance of the Website are not to be deemed to constitute a modification of the Agreement or the Service unless applicable law requires otherwise.

The eSzínház may introduce different tiers of the Service with different pricing and may anytime modify the content of these tiers. If different tiers are introduced, the User will be able to purchase any of the tiers at their choice.

The User is entitled to purchase a right to use the Service for consideration to the selected tier of the Service and obtain access thereto (hereinafter the ”Tier”).

The eSzínház provides the below Tiers for the User to obtain access to the Service.

48-hour entitlement for one performance:the User is entitled to purchase entitlement to access only one on-demand Performance marked as highlighted by the eSzínház. The User is anytime entitled to access the given Performance for 48 hours following the first playing of the Performance by the User. The net playing time shall not exceed more than twice of the given Performance’s recorded playing time.

Weekly entitlement for one performance:the User is entitled to purchase entitlement to access only one on-demand Performance, which does not fall under the scope of Point 2.7. The User is anytime entitled to access the given Performance for one week following the first playing of the Performance by the User. The net playing time shall not exceed more than twice of the given Performance’s recorded playing time.

Monthly entitlement:the User is entitled to purchase an entitlement to access all of the on-demand Performances being subject to the given monthly entitlement. The User is entitled to access any on-demand Performance for a month as of the purchase date anytime, without limitation to the number of playbacks. The eSzínház is entitled to determine which contents presented on the Website do not form part of the monthly entitlement, from which restriction the eSzínház informs the User on the Website.

Each second shall be calculated into the net playing time during the given Performance is being played on a device, including the duration of parts replayed following the rewinding or restarting of the playback of the Performance.

Any entitlement purchase contained in Point 2.7, 2.8 or 2.9 does not contain the right to access to temporary available live or recorder streamings of performances presented on the Website. If the User wishes to access to such live or recorded streamings of performances, the User shall purchase a separate ticket through the Website.

The User shall create a User account on the Website and shall purchase a Tier provided by the eSzínház in order to use the Service.

The User becomes eligible to use the Service by purchasing and paying the price of the Tier. The eSzínház, along with the description of the given Performance, indicates the language of the Performance, as well as the language of available subtitles thereof (if any) and special restrictions being in effect (if any).

Steps to use the Service:

• The User registers on the Website or signs in the previously created User account;
• The User chooses the Tier to be purchased;
• The User, by clicking on the "Purchase Ticket" button, expresses his/her intent to purchase the Tier and is redirected to the payment site;
• The User enters his/her personal data on the payment site, accepts the provisions of the Agreement and the Privacy Notice and declares that the User is an adult;
• The User checks by using the application available on the Website whether the User's equipment is in compliance with the technical and network requirements required to access the Performance;
• The User pays the price of the chosen Tier with a credit card / bankcard by clicking on the payment button;
• The eSzínház sends a confirmation e-mail to the e-mail address provided by the User, containing an access path (URL) or a description of steps required to access the contents.
• The User could access the chosen Performance by clicking on the URL or by clicking the menu point ”My Videos” of the User account.

The eSzínház allows the User to purchase a ticket for third persons in the form of a coupon (hereinafter the “Coupon”) for on-demand Performances selected by the eSzínház. The Coupon may relate to a specific Performance chosen at the time of purchasing the Coupon or to any on-demand Performance that is to be chosen by the user of the Coupon as of the Coupon’s redemption.

The Coupon purchase qualifies as a purchase of an entitlement. The user of the Coupon qualifies as a User, as well. This Agreement shall apply accordingly to the User, the user of the Coupon, and the purchase of the Coupon, save as otherwise provided for in this Chapter 4:

Steps to purchase a Coupon

The User shall provide the information necessary for the use of the Coupon to and shall deliver the Coupon to the third person chosen by the User. Any liability arising from the failure to perform or improper performance of these obligations lies with the User, only.

The User becomes eligible to use the Service by the redemption of the Coupon and by accepting this Agreement.

Steps to redeem the Coupon

In respect of the given Performance the User obtains right to access the Service in accordance with Point 2.8 by redeeming the Coupon. The Coupon can only be used once. The Coupon shall not be redeemed for the given play within one hour prior to the commencement of the play. The unused Coupon is non-refundable and cannot be exchanged for cash.

The eSzínház reserves the right to change the content of the Service in accordance with point 2.3, thus the content of the Service may be different when purchasing and redeeming the Coupon. The eSzínház does not bear any liability or responsibility for changes occurred in the content of the Service, including but not limited to cases where the content to be accessed by the User is not available as of the Coupon’s redemption or no such content is available on the Website that was indicated as accessible when the Coupon was purchased as of the Coupon’s redemption up to the expiry of the Coupon’s validity.

A user account can registered from anywhere.

The User shall be responsible for ensuring that the stated information at the time of registration of a user account and purchasing a ticket is correct, and, where necessary and in case a user account has been registered, update his/her user account with correct information. The User is obliged to review and verify the completeness and accuracy of his/her data supplied during the registration of a user account and the ticket purchasing process and, if necessary, correct incorrectly entered data.

Upon registration of the user account and in the ticket purchasing process the User shall be requested to provide all or some of the following data: first name, last name, e-mail address, password or any other information that might be required and necessary to complete the registration or the payment process (hereinafter the "Log-On Information"). The User's Log-On Information is personal and may not be used by a third party. The User shall store the Log-On Information in order to protect it against unauthorised access. The User is responsible for all use of the Service which takes place through the User's account.

If the User suspects unauthorised use of the User's Log-On Information, the User shall immediately notify the eSzínház of this fact and change the User's password.

The eSzínház shall be entitled at any time to request that the User changes the User's password. Changes shall be effected promptly and may cause temporary disruptions in the use of the Service.

In order to use the Service, the User must possess the necessary and approved systems, connection and equipment.

The specification of current system requirements is available on the Website. However, the fulfilment of these system requirements does not guarantee that the User will be able to use the Service indefinitely and for reasons outside the eSzínház’s control. Use of the Service may require the installation of third-party software by the User. The eSzínház will provide information on the Website regarding which third-party software can be used, but the eSíznház shall not be responsible for such third-party software and updates thereof.

The Service requires that the User has access to the necessary Internet connection. The User is responsible for all costs associated with such connection, including data traffic costs, irrespective of where the User uses the Service. The specification of requirements for the minimum download speed required to use the Service is available on the Website.

To the extent permitted by the applicable law, the eSzínház is not responsible for the User's failure to use the Service or for access to the Service being limited due to an overload on the Internet or due to faults or problems relating to computers or other devices, networks, electronics or communications which are outside of the eSzínház’s control.

The eSzínház provides opportunity to the User to test the User’s devices, software in order to be able to determine whether the device of the User has the technical prerequisites required to access the Performances. The User is obliged to make sure prior to the purchase of the ticket that the device on which the User intends to access the Performances is capable of playing them. The eSzínház shall not be liable if, in spite of all the above, the User cannot use the Service for any reason that is beyond the eSzínház's control.

Fee for the Service shall be paid in accordance with the prices applicable. The User may learn the applicable prices on the Website before concluding the Agreement and or anytime in the course of the registration process. The User expressly confirms that he/she is aware that the Service order shall be subject to a fee-payment obligation. If (i) the price is determined in Euro and (ii) the payment method used for the payment is based on local currency, the applicable exchange rate will be determined by the relevant bank (or by payment provider). The eSzínház is not responsible for the applicable exchange rate or for other charges applied by the bank or by a payment provider. Please contact your payment method service provider for details.

The User pays the price of the Tier via the application of a financial service provider providing secure electronic payments to eSzínház and that is available on the Website.

The eSzínház sends an electronic invoice to the User following the successful payment of the price of the selected Tier.

The eSzínház sends a confirmation e-mail to the User immediately after the payment or within 48 hours at the latest following the completion of the payment transaction, containing the URL required to access the Performance(s) and/or the instructions required to access the Performance(s) forming part of the purchased Tier.

The URL grants the playback on one device, only. Only the User is allowed to use the URL. If the User shared in any form the URL with other persons or if third persons learned the URL as a consequence of the User’s wrongful conduct, the eSzínház excludes any liability arising from that the User is unable to access the given Performance by clicking on the URL. The User is not entitled to resell the tickets (and thereby the URL). The reseller shall in any case bear liability for the resale, the eSzínház shall not in any case be held liable for any damage caused to third persons as a result of the resale. If the User sells the ticket anyway, the eSzínház reserves the right to invalidate the URL in the resold ticket. The reseller bears full liability for damages arising from invalidation.

Entitlement under Point 2.9 renews automatically. On the monthly turning days of the day of the first subscription to the monthly entitlement (or where the such calendar day is absent in such month, on the last day of the given month) the eSzínház charges the price of the Service automatically from the credit card or debit card provided by the User in the course of a recurrent credit card or debit card payment.

The recurrent credit card or debit card payment (hereinafter the ”Recurring payment”) is a function provided by eSzínház’s financial service provider according to which new payments can be initiated in the future with the bank card data provided by the User in the course of the registration process without re-entering the data of the bank card /credit card.

In order to use the Recurring payment and by accepting this User Terms and Conditions the User declares that the User learned the information under points 7.7-7.9 , acknowledged and accepted the content thereof and the User consents to later payments be initiated by the eSzínház without re-entering the bank card data provided on the Website following the successful registration transaction and without further consent of the User per each transaction. Bank card data processing shall be carried out in accordance with the respective bank card policy. Neither the eSzínház nor the eSzínház’s payment service provider (SimplePay) learns the data of the bank card.

The eSzínház shall be directly liable for wrongly or unlawfully initiated Recurring transactions, any claim arising against the eSzínház’s payment service provider (SimplePay) is excluded.

If the User does not provide sufficient coverage as of the due date of the payment, eSzínház sends an e-mail in connection with the payment failure to the e-mail address provided by the User and attempts to charge the bank card or credit card again – but at most five times – with the fee to be paid.

If a payment is not made within the respective deadline, the eSzínház is entitled to suspend or restrict the User’s access to the Service, and furthermore, is entitled to immediately terminate the Agreement with the User if the delay in payment exceeds five (5) days.

The User may only use the Service for the User's personal use and in accordance with these User Terms and Conditions. The User may not - and may not encourage, facilitate or cause any other party to do any of the following:

• use the Service for a commercial or public purpose;
• use the Service for any unlawful or unsuitable purpose;
• copy/reproduce, lend, sell, broadcast, or otherwise distribute, edit or in any other manner transfer or adapt content from the Service;
• circumvent, modify, remove, alter or in any other manner manipulate any security, encryption, or other technology or software which is part of the Service; or
• otherwise use the Service in contravention of copyright laws, other laws, or these User Terms and Conditions.

The Service may only be used in compliance with the special conditions determined by the eSzínház and the present Agreement. The User may not in any manner - and may not encourage, facilitate or cause a third party to - use or attempt to use the Service in a way that is contrary to the present Agreement or to the special conditions determined by the eSzínház.

Use of the Service in violation of this section 8 shall at all times be deemed to constitute a material breach of Agreement which may result in the eSzínház terminating the Service with immediate effect or refusing the conclusion of a contract in accordance with point 1.3 of the present Agreement.

The Service may contain materials which are deemed unsuitable for minors and which may be perceived by others as obscene or disturbing.

The Service is not intended to be used by children without the involvement, supervision and consent of parents or guardians. Parents, guardians or other adults who allow children to use the Service shall bear sole responsibility for determining whether the content of the Service is suitable for such child.

User hereby expressly acknowledges that the eSzínház has a right to reasonably change anytime the fees of the Service.

By concluding the Agreement the User expressly consents to gain access immediately to the Service as provided in the Agreement (thus the Agreement is executed immediately). The User hereby acknowledges that by gaining access to the Services the User loses his/her right of withdrawal from the Agreement before the expiry of the User’s 14-day period to do so as of the conclusion of the Agreement in accordance with Section 29 (1) m) of the Governmental Decree no 45/2014. (II.26.) on the detailed rules on the agreements concluded between consumers and undertakings. In the course of purchasing a Tier the User shall expressly confirm (by ticking the respective box) that he/she agreed to gain access to the Service immediately after conclusion of the Agreement and the successful payment and thereby the User loses his/her right of withdrawal from the Agreement within 14 days as of the conclusion of the Agreement.

The eSzínház may send notices to the User by e-mail to the e-mail address provided by the User in the course of the purchase or registration, or may inform the User by publishing information on the Website in compliance with the applicable laws.

The User is obliged to update his/her contact information if changes occurred in them following the purchase of a ticket but before the use of the Service. The eSzínház shall be deemed to have fulfilled its notification obligation by sending notices to the last-stated e-mail address of the User, regardless whether such address is no longer used by the User or is otherwise unusable.

The Agreement is concluded for the period of included in the Tier purchased by the User. Entitlements under points 2.7 and 2.8 automatically cease to exist by the end of the given period.

In case of the monthly entitlement under Point 2.9 the User is entitled to cancel the subscription at any time, in which case the Service shall cease to exist at the end of the already pre-paid period. The User may cancel the subscription by clicking on the "Unsubscribe" button under the "My account" menu.

With regard to the specific nature of the Service, the User shall not be entitled to terminate the Agreement, unless otherwise provided in this User Terms and Conditions.

The eSzínház is entitled to withdraw the Agreement any time by sending an e-mail to the User. In this case the eSzínház reimburses the purchase price of the ticket to the User. The eSzínház is not obliged to reimburse any additional costs or to compensate damages in case of the eSzínház's withdrawal of the Agreement pursuant to this Clause.

In conjunction with the execution of the Agreement with the eSzínház, the eSzínház grants the User a non-exclusive, non-transferable and limited licence to access the content of the Service. The User may only use the Service and its content in accordance with the Agreement and for the User’s private personal use.

The content of the Service is protected by copyright, trade mark law and/or other intellectual property laws. The Agreement with the eSzínház does not in any way entail a transfer to the User of any title or any other intellectual property rights to the contents of the Service or to the Service

The User shall not be entitled to act in any manner that may cause the Service or Website to no longer function, being overloaded, damaged or impaired. Nor may the User impinge on another User's use of the Service.

The User may not attempt to acquire unauthorised access to networks, computer systems, content or information relating to the Website or the Service. Breach of the aforementioned provision constitutes at all times a serious breach of the Agreement, in which case the eSzínház is entitled to immediately terminate the Agreement with the User.

Neither the eSzínház nor the business partners or license givers of the eSzínház undertakes a guarantee that

• the User will be satisfied with the Performance, as well as the information and content provided in the Performance will meet the User’s demand;
• the Performance to which the eSzínház provides access will be uninterrupted and will be free of errors.

The User shall notify the eSzínház about any error, outage or other failure detected by the User immediately but not later than in 7 working days as of the occurance of the said circumstances to be entitled to the reimbursement under 16.3. The eSzínház shall not be responsible for errors in the Service which are beyond the eSzínház's control (including but not limited to the cases provided under point 6.4) or other errors due to the use of equipment by the User which is not approved or which is due to the negligence of the User or a third party. Force majeure is a circumstance being beyond the control of the eSzínház.

Users are entitled to be compensated on a time proportion basis (provided the User requested such compensation) if the Service is not available for at least an uninterrupted 24 hours due to system failures, outages and other errors for which the eSzínház shall be considered liable in accordance with point 16.2. The User is entitled to withdraw from the Agreement and to claim back the payment made if the Service is not available for at least a consecutive 3 days or the Service cannot be used for at least ten days in a calendar month due to system failures, outages and other errors for which the eSzínház shall be considered liable in accordance with point 16.2. The User is entitled to compensation of his/her certified costs emerged in connection with the enforcement of their real claims under this point within 1 month as of the expiration of the deadline provided in point 16.2. In case of termination of the Agreement the compensation is paid to the payment equipment used by the User for the payment of the fee. If the Agreement is not terminated, compensation can be carried out in the following manners: (i) the period of the Tier is extended by the period being subject to the reimbursement or (ii) a voucher is issued in the amount of the reimbursement.

The User is not entitled for compensation of damages or any other compensation for disruptions, outages and other faults resulting in the Service which are due to non-planned or emergency maintenance. During the maintenance the Service may not be accessed in full or in part. The eSzínház shall inform the User on the Website and/or via e-mail about the date and period of any planned maintenance.

Any claim of the User stemming from the present Agreement shall be filed using the contact details provided in Section 21 hereof for termination, complaints and claims. The claim shall contain the name of the User, description of the fault and the period of its duration, and a material evidencing of such fault. The eSzínház may request other details necessary to identify the fault/error.

The User consents to compensate and hold the eSzínház, its subsidiaries, employees, board members and licensors harmless for any losses, expenses or demands arising as a result of, or in conjunction with, the User's breach of the Agreement, the User's violation of applicable laws or the User's violations of third-party rights

The Website may include links to other websites of third parties. The eSzínház has no control over, and assumes no responsibility whatsoever for, such links or the content of such websites. The User's use of such websites shall be at the User's own risk.

If the eSzínház refrains from requiring the fulfilment of a right under the Agreement or refrains from acting against the User's violation of the Agreement, this shall not be deemed an authorization of the infringement or future similar infringements and shall not otherwise affect the eSzínház's rights pursuant to the Agreement or relevant laws.

If the User is, for any reason, not satisfied with the Service, may contact the eSzínház using the contact details specified in Section 21 or other contact details if available on the Website.

The User and the eSzínház shall first attempt to resolve any disputes arising out of the Agreement by an amicable settlement. In the event, the parties cannot reach a settlement, the dispute shall be resolved by a competent court in Hungary. The Agreement is governed by the Hungarian Law, unless otherwise provided herein. You may also be entitled to certain consumer protection rights and other mandatory provisions under the laws of Hungarian. The User shall, as a consumer, before filing an action with a competent court, have the right to refer complaints to one of the Hungarian bodies authorized to resolve consumer’s complaints and disputes out of court. The list of dispute resolution bodies in Hungary is available here: http://fogyasztovedelem.kormany.hu/. The User may also use the link https://ec.europa.eu/consumers/odr to resolve a consumer dispute out of court online.

The eSzínház may be contacted at the email address:

• info@eszinhaz.hu

In case of termination complaints or claims, please use the above indicated contact detail.