Terms of Use

Terms of Use

 

SingularDTV GmbH and its partners and affiliates, including Breaker (hereinafter “Breaker”) and its distribution platform (the “platform”) provides a personalized subscription Service that allows our users to access, consume and purchase and download artist Content (music, movies, documentaries, TV shows, books, etc.) on a blockchain-base via download and/or stream over VOD/streaming/interned-ready devices (Internet-connected TVs, computers and others, the “platform ready devices”).

 

These terms and conditions of use create a contract (the “Agreement”) between you (“you” or the “user”) and Breaker (the “Agreement”). Please read the Agreement carefully. By clicking “Agree” at the end of these terms and conditions of use, you do confirm your understanding and acceptance of the Agreement.

 

This Agreement governs your use of Breaker and its platform’s Services (“Services”), through which you can buy, stream, get, rent or subscribe to media, apps (“Apps”), and other in-app Services, namely the use of the platform and tokit.io, Breaker’s proprietary app to tokenize any sort and/or form of artistic Content (“Content”). As used in these terms and conditions of use (“Terms”), “Breaker Service”, “our Service(s)” or the “Service” or “Services” means the personalized Service provided by Breaker for discovering and consuming Content, including all features and functionalities, recommendations and reviews, the website, and user interfaces, as well as all Content and software associated with the Service provided via the platform. Our Services are available for your use in your country of residence (“Home Country”). To use our Services, you need compatible hardware, software (latest version recommended and sometimes required) and Internet access (fees may apply). Our Services’ performance may be affected by these factors.

 

Use of platform/consumption of Content

You can acquire Content on our Services for a charge (or, in certain cases, for free), which is referred to as a “Transaction.” Each Transaction is an electronic contract between you and Breaker and/or you and the respective artist or entity providing the Content on our Services.

 

Breaker will charge your payment method (such as your wallet, your credit card, debit card, gift card/code, or other method available in your Home Country) for any paid transactions, including any applicable taxes. If you pre-order Content, you will be charged when the Content is delivered to you (unless you cancel prior to the Content’s availability).

 

Breaker may, in accordance with and based to any local legal requirement, update information regarding your payment method if provided such information by your financial institution. For details about how transactions are billed, please visit Stripe. All Transactions are final. Content prices may change at any time. If technical problems prevent or unreasonably delay delivery of any Content, you will only and exclusively be entitled to either replace the Content or be refunded the price paid, as determined by Breaker on a case-by-case basis.

 

A refund request may be refused if Breaker should find evidence of fraud, (refund) abuse, or other manipulative behavior that entitles Breaker to a corresponding counterclaim.

 

Breaker will charge your payment method for each transaction you complete on the platform.  Each transaction will send a receipt to the email address associated with your account.

 

We reserve the right to change our prices for any Content and/or for the Service itself at any time.

 

Use of the Breaker Services

You must be 18 years of age to become a user of the Breaker Service. By agreeing to these Terms, you (and anyone using the platform through your account) confirm that you are at least 18 years old.

 

The Breaker Service and any Content viewed through the Service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During the use of the Breaker Services, Breaker grants you a limited, non-exclusive, non-transferable right to access the Breaker Service and consume Content offered on the platform. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the Service for public performances.

 

You may view the Breaker Content primarily within the country in which you have established your account and only in geographic locations where we offer our Service and have licensed such Content. The Content that may be available to watch will vary by geographic location and will change from time to time.

 

The Breaker Service, including the Content library, is regularly updated. In addition, we continually test various aspects of our Service, including our website, user interfaces, promotional features and availability of Breaker Content. You can at any time opt-out of tests by visiting the “Account” page and changing the “Test participation” settings.

 

The quality of the Breaker Content may vary from device to device, and may be affected by a variety of factors, such as your location, available bandwidth and/or speed of your Internet connection. Not all Content is available in all formats, and the quality may also vary depending on the price paid to consume any Content. The users are responsible for all Internet access charges.

 

Please check with your Internet provider for information on possible Internet data usage charges. The time it takes to begin consuming Content will vary based on a number of factors, including but not limited to your location, available bandwidth at the time, the Content you have selected and the configuration of your platform-ready device.

 

Breaker and its platform and application software are developed by, or for, Breaker and are designed to enable viewing of Breaker Content on the platform through platform ready devices. This software may vary by device and medium, and functionalities and features may also differ between devices. You acknowledge that the use of the Service may require third party software that is subject to third party licenses. You agree that you may automatically receive updated versions of the Breaker platform and related third-party software.

 

Breaker does not warranty any availability or quality of any Content.

 

Passwords / Account Access

The user who created the Breaker platform account and whose payment method is charged (the “Account Owner”) has access and control over the respective account and the platform-ready devices that are used to access our Service and is responsible for any activity that occurs through that account. The Account Owner will be held accountable and potentially liable for any improper action or impermissible use of this account. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over the platform-ready devices that are used to access the Service and not reveal to anyone the password or details of the payment method associated with the account. The Account Owner is responsible for updating and maintaining the accuracy of the information provided to Breaker relating to this account. Breaker may terminate any account or place any account on hold in order to protect any Account Owner, Breaker or any of Breaker’s partners from identity theft, copyright infringements or other fraudulent activity.

 

Information of Account Owner

Breaker will collect all relevant and required information to create a user profile of each Account Owner. This includes basic KYC and, if required, information about the user’s financials (such as source of funds, source of wealth, etc.). For further information regarding collecting data, please refer to our data privacy policy.

 

Availability of Content and Services

Provisions in these Terms or any other Breaker document that relate to Services, Content types, features or functionality not available in your Home Country are not applicable to you (and your use of any Services, Content types, features and functionalities in your Home Country) unless and until the relevant Services, Content types, features or functionality become available to you.

 

Material/Content owned by third party Service provider and/or artists

Breaker is not responsible or liable for third party materials included within or linked to the Content or the Services.

 

DDP app

By accepting these Terms, you agree to use the DDP app to access the Content provided by Breaker on the respective platform.

 

Breaker grants to you a nontransferable license to use the DDP app on any devices that you own or control and as permitted by the respective usage rules of these Terms. You may not distribute or make the DDP app available over a network where it could be used by multiple devices at the same time.

 

You agree that Breaker may collect and use technical (and, if required, personal) data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other Services to you (if any) related to the DDP app. Breaker may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide Services or technologies to you. For any further information related to the use of personal data, please also check our “Privacy Policy” section on our homepage.

 

The app for the use of the Platform may enable access to Breaker’s and/or third-party Services and websites (collectively and individually, “External Services”). The user agrees to use the External Services at its own risk. Breaker is not responsible for examining nor evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any licensed application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Breaker or its affiliates. You will not use the External Services in any manner that is inconsistent with these Terms or that infringes the intellectual property rights of Breaker or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Breaker is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.

 

Intellectual Property

The Services, including but not limited to Content, graphics, user interface, audio clips, video clips, editorial Content, and the scripts and software used to implement the Services, contain proprietary information and material that is owned by Breaker and/or its Breakers, and is protected by applicable intellectual property and other laws, including but not limited to copyright. The users agree that they will not use such proprietary information or materials in any way whatsoever except for use of the Services for personal, noncommercial uses in compliance with these Terms. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted by these Terms. The users agree not to modify, rent, loan, sell, or distribute the Services or Content in any manner, and shall not exploit the Services in any manner not expressly authorized.

 

The Breaker name, logo, PLATFORM, DDP, TOKIT and other Breaker trademarks, Service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of SingularDTV GmbH in Switzerland, the United States and other countries throughout the world. No user is granted any right or license with respect to any of the aforesaid trademarks.

 

You agree to use Breaker Service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Service or Content therein. You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms) Content and information contained on or obtained from or through the Breaker Service. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the Content protections in the Breaker Service; use any robot, spider, scraper or other automated means to access the Breaker Service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Breaker Service; insert any code or product or manipulate the Content of the Breaker Service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Breaker Service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our Service if you violate these Terms or are engaged in illegal or fraudulent use of the Service.

 

TERMINATION AND SUSPENSION OF SERVICES

If you fail, or Breaker suspects that you have failed, to comply with any of the provisions of these Terms, Breaker may, without notice to you: (i) terminate this Agreement and/or your access to the platform or any other Breaker Services, and you will remain liable for all amounts due under your access to said Services up to and including the date of termination; and/or (ii) terminate your license to the software; and/or (iii) preclude your access to the Services.

 

Breaker further reserves the right to modify, suspend, or discontinue the Services (or any part or Content thereof) at any time with or without notice to you, and Breaker will not be liable to you or to any third party should it exercise such rights.

 

DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION

BREAKER DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME Breaker MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME, CANCEL THE SERVICES AT ANY TIME, OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE SERVICES WITHOUT NOTICE TO YOU.

 

USERS OF THE PLATFORM AND/OR ANY OTHER BREAKER SERVICE EXPRESSLY AGREE THAT THEIR USE OF, OR INABILITY TO USE, THE SERVICES IS AT THEIR SOLE RISK. THE SERVICES AND ALL CONTENT DELIVERED TO THE USER THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY Breaker) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

 

IN NO CASE SHALL BREAKER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE PLATFORM, THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO THE USER’S USE OF THE SERVICES AND/OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH COUNTRIES, STATES OR JURISDICTIONS, BREAKER’S LIABILITY SHALL BE LIMITED TO THE EXTENT SUCH LIMITATION IS PERMITTED BY LAW.

 

THE USERS AGREE THAT THEIR SUBMISSION OF PERSONAL INFORMATION IS AT THE USERS’ SOLE RISK, AND HEREBY RELEASE BREAKER FROM ANY AND ALL LIABILITY TO THE USERS FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

 

BREAKER SHALL NEVERTHELESS USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY THE USER IN CONNECTION WITH THE SERVICES.

 

BREAKER DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND THE USER HEREBY RELEASES BREAKER FROM ANY LIABILITY RELATING THERETO. THE USER SHALL BE RESPONSIBLE FOR BACKING UP THEIR OWN RESPECTIVE SYSTEM THEY USE TO ACCESS ANY OF BREAKER’S CONTENT, INCLUDING ANY CONTENT ACQUIRED OR RENTED THROUGH THE SERVICES.

 

BREAKER IS NOT RESPONSIBLE IN CONNECTION WITH YOUR USE OF THE SERVICES.

 

WAIVER AND INDEMNITY

 

BY USING THE SERVICES, THE USERS AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD BREAKER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, OR CONTRACTORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF ANY BREACH BY A USER OF THIS AGREEMENT, THE USERS’ USE OF THE SERVICES, OR ANY ACTION TAKEN BY BREAKER AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. USERS AGREE THAT THEY SHALL NOT SUE OR RECOVER ANY DAMAGES FROM BREAKER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, AND CONTRACTORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN THE USERS, TO SUSPEND OR TERMINATE ANY USER’S ACCESS TO THE SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF BREAKER’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

 

Miscellaneous

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Switzerland, without reference to its conflicts of law rules. The place of performance shall be Zug, Switzerland. Furthermore, the Parties shall submit all and any claims arising out of or in connection with these Terms to the exclusive jurisdiction of the respective Courts of the Canton of Zug, Switzerland.

 

These Terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.

 

Forbidden/Unsolicited Materials

Breaker does not accept unsolicited materials or ideas for Breaker or platform Content, and is not responsible for the similarity of any of its Content or programming in any media to materials or ideas transmitted to Breaker and the platform.

 

Severability

If any provision or several provisions of these Terms shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, Breaker hereto shall work in good faith to modify these Terms so as to effect the original intent of the parties as closely as possible to the fullest extent permitted by applicable Law in an acceptable manner to the end that the transactions contemplated by the relationship between Breaker and the users are fulfilled to the extent possible.

 

Change of Terms

Breaker may, from time to time, change these Terms at any time and to add new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Services will be deemed acceptance thereof.

 

Communications

Breaker will inform and send information to the users relating to their account and the respective use of it (e.g. payment authorizations, invoices, changes in password or payment method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.

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