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Terms and Conditions

USER TERMS AND CONDITIONS FOR ESZINHAZ'S ONLINE STREAMING SERVICE

1. Generally

  1. 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 a streaming audiovisual media service at www.eszinhaz.hu or another website or application designated by eSzínház (hereinafter the ”Website”) with the content available on the Website from time to time (hereinafter the ”Service”).
  2. The eSzínház provides the Services as an intermediary service. The eSzínház grants access to the content of third persons (hereinafter: "Theatre" or "Organizer") generating and publishing in the course of an online streaming of the given content.
  3. 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.
  4. 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.
  5. 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 Notice, as well as the Cookie Policy on the cookies used on the Website that are available on the Website.
  6. The Agreement between the eSzínház and the User is concluded by the User's acceptance of the conditions of the Agreement and by purchasing the ticket for the play chosen by the User.

2. Scope of the Service

    Territory
  1. 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 Services from the territory of selected countries (hereinafter the ”Territory”). The eSzínház informs the Users about such restriction and the scope of the restriction in the description of the given play. 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.
  2. Content
  3. The Service contains streaming of live and/or recorded plays. The User acquires the right of online access to the live and/or recorded streamings of plays presented on the Website and chosen by the User at the date or period announced by the eSzínház and accepted by the User with the purchase of the ticket or viewing the given content in the time window determined by eSzínház following the streaming in case of plays selected by eSzínház.
  4. 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.
  5. 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 Users will be able to purchase any of the tiers at their choice.

3. Use of the Service, purchase of a ticket

  1. The User shall purchase a ticket on the Website in order to watch the live or recorded streams of plays chosen by the User, and thereby to use the Service.
  2. The User becomes eligible to use the Service by purchasing and paying the purchase price of the ticket. The eSzínház, along with the description of the given play, indicates the date of access to (start of the live or recorded streaming of the play) and the language of the play, as well as the language of available subtitles (if any), special restrictions being in effect (if any) and the purchase price of the ticket required for the use of the Service.
  3. Steps to use the Service:
    • The User chooses the content to be watched;
    • The User, by clicking on the "Purchase Ticket" button, expresses his/her intent to purchase the ticket 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 watch the play;
    • The User pays the purchase price 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) required to watch the chosen content.
    • The User watches the chosen content by clicking on the URL as of the scheduled date.

  4. The eSzínház reserves the right to restrict in time the sale of tickets regarding of streaming of live and/or recorded plays. The eSzínház informs the User about such restriction prior to the ticket purchase on the Website.
  5. In case of pre-selected contents where the eSzínház provides the unlimited view of the content in a pre-determined time window after the streaming, the User is entitled to purchase a ticket during of or following the streaming within the period specified by eSzínház to do so and prior to the expiry of the time window being open for viewing.
  6. In cases where the User purchases a ticket in accordance with Point 3.5 during the steaming of a live and/or recorded play, the User is entitled to join to the ongoing streaming under the condition that the User is entitled to watch the streaming of the ongoing live and/or recorded plays from the time of joining without the possibility of rewinding or watching from the beginning the content. Such cases shall be without prejudice to the right of the User to watch and play the streaming of the live and/or recorded play at any time in the time window determined by the eSzínház.
  7. In cases of such streaming of recorded plays which may any time be watched in a predetermined period instead of at a specified date, the User is entitled to purchase a ticket prior to the expiry of the given period until the date specified by the eSzínház to do so. The User is entitled to watch the streaming of the recorded play any time during the period being open for watching.

4. Purchase of a coupon

  1. The eSzínház allows the User to purchase a ticket in the form of a coupon (hereinafter the “Coupon”) for live or recorded streamings of plays for third persons. The Coupon may relate to a particular play chosen at the purchase of the Coupon or to any play of a preselected Organiser, which is to be chosen by the user of the Coupon as of the redemption of the Coupon.
  2. The purchase of the Coupon qualifies as purchase of a ticket. 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:
  3. Steps to purchase the Coupon
    • Providing that the User purchases the Coupon for a particular play, the User chooses the content subject to the Coupon, by clicking on the “Purchase Ticket” button and by choosing the option “Purchase as a gift”, expresses his/her intent to purchase the Coupon and is redirected to the payment site;
    • Providing that the User purchases Coupon for any play of a selected Organiser to be chosen in the course of the redemption of the Coupon, by clicking on the “Gift purchase” button found on the home page of the Website, then by selecting the Organiser from the list and clicking on the “Purchase” button, expresses his/her intent to purchase the Coupon 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 pays the purchase price with a credit card / bankcard by clicking on the payment button;
    • Following the purchase the eSzínház sends notification to the User via e-mail, which contains the coupon code, the date of expiration of the Coupon, and information on the Service available on the basis of the Coupon.

  4. 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.
  5. The User becomes eligible to use the Service by the redemption of the Coupon and by accepting this Agreement.
  6. Steps to redeem the Coupon
    • A user account is required to use the Coupon. If the user of the Coupon does not have a user account yet, visits the webpage www.eszinhaz.hu/regisztracio and registers a user account;
    • After logging into the user account, by clicking on the “My videos” button found on the upper right corner of the Website, the “Coupon code” field appears at the top of the webpage;
    • By entering the identification code found on the Coupon into the “Coupon code” field and by clicking on the “Redemption” button, the Coupon becomes used;
    • If the user of the Coupon is entitled to choose the content to be watched, then the user of the Coupon chooses the play to be watched from the drop-down list and for which the user of the Coupon intends to redeem the Coupon;
    • the eSzínház sends a confirmation e-mail to the e-mail address provided by the User, containing an access path (URL) required to watch the chosen content, and the given content is also available under the “My Videos” menu of the user account;
    • The User watches the chosen content by clicking on the URL as of the scheduled date.

  7. 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.
  8. 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.

5. Registration, user name and password

  1. The User is not obliged to register a user account on the Website in order to purchase a ticket and thus to use the Service. Registering a user account can be done anywhere, while purchase of a ticket can be initiated with a credit card / bankcard on the Territory, only.
  2. 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.
  3. 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.
  4. 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.
  5. 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.

6. Equipment, technical requirements to use the Service

  1. In order to use the Service, the User must possess the necessary and approved systems, connection and equipment.
  2. 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.
  3. 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.
  4. 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.
  5. The eSzínház provides opportunity to the User to test his/her devices, software in order to be able to determine whether the device of the User has the technical prerequisites required to watch plays. The User is obliged to make sure prior to the purchase of the ticket that the device on which the User intends to watch plays 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.

7. Payment

  1. Fee for the Service shall be paid in accordance with the prices applicable from time to time which are available on the Website for each play. The User expressly confirms that he/she is aware that the order is with the obligation to pay the price. 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.
  2. The User pays the price of the play he/she intends to watch via the application provided by a financial service provider to the eSzínház for secure, electronic payments.
  3. The eSzínház issues and sends an electronic invoice to the User following the successful payment of the purchase price for the play he/she intends to watch.
  4. The eSzínház sends a confirmation e-mail containing the URL required to watch the play to the User immediately after the payment or within 48 hours at the latest following the completion of the payment transaction. The User may get access to the play by clicking on the URL at the date announced for the given play.
  5. 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 play by clicking on the URL. The User is not entitled to resell the ticket, Coupon 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. Providing that the User sells the ticket, Coupon or the URL anyway, the eSzínház reserves the right to invalidate the ticket, Coupon or the URL. The reseller bears full liability for damages arising from invalidation.

8. Prohibited use of the Service

  1. 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.

  2. 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.
  3. 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.

9. Minors

  1. The Service may contain materials which are deemed unsuitable for minors and which may be perceived by others as obscene or disturbing.
  2. 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.

10. Modifications and amendments

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

11. Loss of right of withdrawal

  1. The User acknowledges that the Service concerns provision of services related to leisure activities to which the parties have agreed in a specific date or period of performance, and therefore the User loses the right to withdraw from the Agreement within the fourteen (14) days period after entering into the Agreement in accordance with Section 29 (1) l) of the Governmental Decree no 45/2014. (II.26.) on the detailed rules on the agreements concluded between consumers and undertakings.

12. Information to customers

  1. 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.
  2. The User is obliged to update his/her contact information if changes occurred in them following the purchase of a ticket. 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.

13. Term of the Agreement and termination

  1. The Agreement is concluded for the period of the play to which the User purchased a ticket and automatically ceases with the end of the play and the related streaming announced for the period after the play.
  2. With regard to the unique characteristic of the Service, the User is not entitled to terminate this Agreement, unless otherwise provided in this User Terms and Conditions.
  3. Prior the commencement of the given play, the eSzínház is entitled to withdraw the Agreement anytime 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.

14. Intellectual property rights

  1. 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 watch the content of the Service. The User may only use the Service and its content in accordance with the Agreement and for his/her private personal use.
  2. The contents 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.

15. Security

  1. 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.
  2. The User may not attempt to acquire unauthorised access to networks, computer systems, content or information relating to the Website or the Service.

16. Limitation of liability, disruptions and outages

  1. The eSzínház acts as the intermediary service provider of the Organizer during the sale of the tickets. The eSzínház is liable exclusively for the appropriateness of the sale of tickets, for the operation of the Website and for informing the purchasers. By purchasing the ticket the User and the Organizer enter into a civil law relationship. The Organizer is responsible for the play to be watched in the course of the Service, while the eSzínház is responsible for the sale of the tickets and the provision of the URL.
  2. The eSzínház warrants the reimbursement of the purchase price of the tickets for plays put off as long as the Organizer provides the eSzínház with funds for the reimbursement. Otherwise the repurchase of the ticket is the responsibility and obligation of the Organizer.
  3. Tickets can be repurchased in case the play is postponed, only, and within a 30-day limitation period as of the date of the postponed play provided that the Organizer provides the conditions set out in the Agreement for the repurchase for the eSzínház unless the Organizer does not provide otherwise for the repurchase of the tickets. In case of postponement of a play please follow the announcements of the Organizer and get informed on the Website. If the Organizer decides on the postponement of a play, the purchased ticket, irrespective of the postponement, shall be valid to the new date of the play. Despite the above the Organizer is entitled to decide upon the repurchase or replacement of the ticket in the case of postponement of a play.
  4. If the play cannot be held on the date announced due to circumstances beyond the eSzínház's or the Organizer's control (force majeure) but the Organizer announces a new date for the postponed play until 31 December of the year following the subject year in which the play have been postponed, the provisions on the postponement of the play shall not be applied. Repurchase of the purchased ticket shall not occur, the tickets already purchased remain valid for the play announced for a new date.
  5. If a play is cancelled by the Organizer, the ticket can be repurchased within 30 days as of the date of the planned play. Special conditions shall be applied to the repurchase of the ticket if the Organizer provides otherwise. In case of a repurchase the URL becomes deleted. The User's demand for a repurchase can be communicated with the eSzínház via e-mail sent to the e-mail address specified in Clause 21. The User shall provide his/her name, payment ID of the transaction, bank account number and the code of the bank keeping the bank account, as well as any other data that may be required to bring a decision on the demand for a repurchase.
  6. The eSzínház does not pay back the purchase price of the ticket, unless the Organizer provides this option for and via the eSzínház. In case of paying back the purchase price of the ticket and if the eSzínház is obliged to do so, the eSzínház pays back the purchase price within 30 days as of the cancellation of the play.
  7. The Organizer reserves the right to make minor or reasonable changes in the programme or in the cast. In case of postponement or cancellation of a play, the User is not entitled to the reimbursement of the cost related to such circumstances.
  8. Neither the eSzínház nor the business partners or license givers of the eSzínház undertakes a guarantee that the User will be satisfied with the play, as well as the information and content provided in the play will meet the User’s demand; the play and the streaming to which the eSzínház provides access will be uninterrupted and will be free of errors, as well as possible errors will be corrected during the play.
  9. The User is entitled for the reimbursement of the ticket's purchase price if the User is unable to watch the play on the date as determined when the User purchased the ticket on the Website due to technical or other reasons falling under the control of the eSzínház. The User shall notify the eSzínház on any contact detail provided in Clause 20 about any error detected by the User immediately, but not later than 2 working days as of the play. The eSzínház investigates the notified error within 5 working days and takes the necessary action to reimburse the purchase price of the ticket, provided that the error falls under the control of the eSzínház. The eSzínház informs the User if, as a result of the investigation, the error does not fall under the control of eSzínház. The eSzínház shall not be responsible for faults in the Service which are beyond the eSzínház's control or other faults due to the use of equipment by the User which is not approved or which is due to the negligence of (i) the User, or (ii) a third party. Force majeure is a circumstance being beyond the control of the eSzínház.
  10. The eSzínház undertakes to manage the planned maintenances by taking into consideration the dates of the already announced plays. 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.
  11. 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.
  12. Except for claims for the reimbursement of the ticket's purchase price, the User shall not file a claim for damages or any other demand against the eSzínház.

17. Duty to compensate

  1. 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.

18. Links from the Website

  1. The Website may include links to other websites provided by 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.

19. No consent

  1. 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.

20. Complaints and Disputes

  1. 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.
  2. 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.

21. Contact information and competent regulator

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.