In order to use the IMAGIEN platform and services you must as a viewer accept the terms and conditions for the platform set out below by IMAGIEN (the “Terms”).
Imagien is an internet-based service (“Imagien”, the “Service”) that provides personal access to live shows and other audiovisual content (“Shows”) through individual purchases of tickets (“Ticket(s)”). The Service is provided by Imagien AB, company number 559265-9006 with its address at Saltmätargatan 7,113 59 Stockholm, Sweden (“Company”, “we”, “our” or “us”).
General
To watch a Show through the Service, you need to have a modern smart TV or set-top box that supports the Imagien app (the “App”). The App is available on Apple TV, Google TV, Android TV, and Fire TV. Further information on how to setup your TV and access the Imagien show can be found here: https://support.imagien.com. By purchasing a Ticket and/or using the Service, you confirm that you accept these general terms (the “Terms”) and agree to comply with them.
Processing of Personal Data
When you purchase a Ticket and use the Service, we collect and process personal data. You can read more about how we process personal data in our privacy policy, https://support.imagien.com/en/articles/11010588-privacy-policy.
Email Address and Communication
Information and notifications from us, including marketing, will be sent to the email address you use to register for Tickets. You can easily unsubscribe from further marketing messages via the unsubscribe link at the bottom of each email.
Access and Use of the Service
Access to the Service
To purchase Tickets and thereby gain access to the Service you must:
› Be at least 18 years old
› Be a permanent resident of one of the following regions: Germany, UK, France, Italy, Spain, Netherlands, Belgium, Sweden, Austria, Switzerland, Denmark, Finland, Norway, Ireland, Poland, Luxembourg, Iceland, Czech Republic, Slovakia, Greece, Portugal, Serbia, Croatia, Lithuania, Slovenia, Latvia, Estonia, Malta, Australia, New Zealand, India, South Africa, Brazil, Mexico, Colombia, Argentina, Peru, Chile, Bolivia, Paraguay, Uruguay, Honduras, Nicaragua, El Salvador, Costa Rica, Panama, Venezuela, Ecuador, the United States of America or Canada (we will verify your geographical location when you access the service, and you may not use any technology to conceal your geographic location),
› Register your payment details
› Use the Service solely for personal and private use within your Household (as defined below) and not for any commercial or public purposes, and
› Ensure that the Company’s products, services, or other property are not made available to third parties in violation of these Terms.
You may access the Service simultaneously on up to three devices; one smart TV and up to two hand-held devices, within your Household. “Household” in these Terms refers to the physical location where you are typically located when using the Service on a set of devices connected to the same internet connection.
Access to the Show
To get access to a Show on the Service you must pay the applicable Ticket fee which enables you to access a live stream of the relevant Show. Following the conclusion of the live Stream, the Show can no longer be accessed.
Equipment, Systems, Connection, and Updates
The devices you wish to use for the Service must be equipped with a system, internet connection, and be capable of receiving updates that meet our minimum requirements. Before making Ticket purchase, you should ensure that your device can meet these requirements.
The current minimum requirements and an overview of compatible platforms/devices at any given time are available on support.imagien.com. However, meeting these requirements does not guarantee that you will always be able to use the Service without interruptions, transmission errors, or similar issues. We reserve the right to change system requirements and/or compatible platforms/devices from time to time. Such changes may result in certain software or hardware no longer being compatible with the Service. The streaming quality on the Service may vary from device to device and is affected by several factors, such as your geographical location, available bandwidth, and internet connection speed.
The Service is continuously updated for security and technical reasons. We cannot guarantee that all versions of the App will work with your device, for example, if the device's operating system is not compatible with a Service update. Information about App updates is communicated through the digital store that supplies your device with the App. You may lose the right to claim defects in the Service if you do not install the latest available updates.
If you experience issues with the Service that are assumed to be caused by your device, software, or network connection, you are legally required to cooperate with us to a reasonable extent so that we can determine whether the issue originates from your or our digital environment.
You understand that the Service's availability may be affected by, for example overloads, the internet, or other network, ISP, electronic, computer, or communication issues, and that we are not responsible for any limitations in the use of the Service caused by such overloads or issues and/or errors.
If you are a resident of an EU or EEA country listed above, the Service will be available to you in both your current country and other EU or EEA countries where you temporarily reside in accordance with Regulation (EU) 2017/1128. You accept that we are in no way responsible for costs, such as data usage fees, that you incur by using or attempting to use the Service.
Payment and Fees
Payment
To be able to purchase Tickets and watch a Show on The Service, you must provide a valid payment method. You understand and agree that we will charge the Ticket fee via the payment method you provided. The Ticket fee applicable for each Show is set forth in connection with the checkout.
Changes to the Service
We are constantly working to improve The Service and its content, which may lead to changes in the Service. Therefore, we cannot provide any guarantees or commitments regarding the quantity, quality, functionality, interoperability, or compatibility of the content with platforms/devices. Features and content that were available on the Service when you made a Ticket purchase may may differ by the time the live stream of the Show begin.
Right of Withdrawal
You have the right to withdraw your purchase within fourteen (14) days after the Ticket purchase was made, as long as the ticket code has not been used to start the show. If you withdraw your purchase, you are entitled to a refund of the paid Ticket fee. However, your right of withdrawal is entirely waived once you consent to begin viewing the Show/content, meaning you are no longer entitled to any refund for your Ticket Purchase.
You can exercise your right of withdrawal by contacting our customer service, contact details can be found in the section "Contact Information" below.
The right of withdrawal can also be exercised by filling out and forwarding the standard form to us (e.g., to [email protected]) according to the following example:
“To Imagien Customer Service,
I hereby notify that I withdraw from my agreement with Imagien.
Ordered on [date]
Consumer's name [*]
Consumer's email address [*]
Signature of the consumer(s) [only if this form is submitted on paper]
Date [*]”
You can also use the withdrawal form provided by the Consumer Agency of your jurisdiction.
Unauthorized Use of the Service
All content that is part of and related to the Service is protected by international copyright laws. All copyrights and other intellectual property rights in the Show, the material or content included in or related to the Service are owned or licensed by us. We grant you a non-exclusive, non-transferable, and limited license to use such rights only for your private use, not for any commercial purposes, and in accordance with applicable copyright laws.
You may not bypass or attempt to bypass our security systems or attempt to challenge, damage, or otherwise affect the security of the App, the Service's software, hardware, or equipment directly or indirectly connected to the Service, or copy or distribute the Service or any content from the Service. Such violations will always be considered a material breach of these Terms, giving us the right to immediately suspend or terminate your access to the Service, or otherwise prevent such unauthorized actions.
You may not sell, transfer, or otherwise dispose of any of the Company’s products, services, or other third-party property, in violation of these Terms.
Additional terms
Limitation of Liability
We make no guarantees or representations regarding the accuracy or completeness of the content, information, or other material provided on or through The Service, or regarding the Service's functionality, availability, quality, usability, or security.
We, our affiliates, and partners are not liable under any circumstances for indirect damages or consequential damages arising from the use or inability to use the Service.
Nothing in these Terms limits our liability as required by law.
Indemnification
You agree to indemnify and hold us, our affiliates, and partners harmless from any loss, damages, claims, costs, including legal fees, caused by or arising in connection with your actions against, or your breach of, these Terms, applicable law, regulation, or third-party rights.
Transfer
You may not transfer your rights or obligations under these Terms or any part thereof to a third party. By accepting these Terms, you give us the right to transfer our rights and obligations under these Terms or any part thereof to a third party.
Force Majeure
We are not liable to you if our obligations under these Terms are restricted, prevented, or delayed, or if the Service's availability and/or functionality are restricted, prevented, or delayed due to law, official decisions, and/or other reasons beyond our control.
Dispute Resolution and Applicable Law
These Terms and any disputes or claims arising out of them shall be governed by and construed in accordance with Swedish law. These Terms do not limit any rights you may have as a consumer under applicable law.
If a dispute arises between you and the Company, we recommend first attempting to resolve the dispute through an agreement. However, both parties always have the right to take the matter to a general court.
The EU also offers dispute resolution via an online platform that you can use to have the dispute reviewed if you are dissatisfied with the Service. The online platform is available via the European Commission's website at ec.europa.eu/consumers/odr.
Contact Information
You can find answers to many common questions on the Imagien website. If you have questions that are not answered on the Imagien website or need to contact us for any other reason, you are welcome to contact our customer service at [email protected].