Terms and Conditions
User Terms and Conditions
1 General
1.1 Sandrew Metronome Denmark A / S (hereinafter " SMDK ") provides a subscription-based
online streaming service - Vivida - available on www.vivida.com or another of SMDK specified site designated by SMDK (hereinafter the "Website" ) and through applications designated by SMDK (together with the Website, hereinafter the "Platforms") with the content available on the Platforms at any time (hereinafter the "Service"). The Service also gives the User access to purchase or rent the content that is available on the Platforms at any time for this purpose. The service includes the features made available by SMDK at all times. The service also includes customer service that must ensure the best customer experience possible.
1.2 These terms and conditions of use (hereinafter " Terms") apply to agreements between SMDK and a physical person (hereinafter "the User") who either only registers a user account with SMDK or registers a user account with SMDK and at the same time buys a subscription that gives him or her ongoing access to the full content of the Service (hereinafter a "Subscription"). Only persons who are 18 years or older and live in Denmark can enter into an agreement with SMDK to create a profile or purchase a Subscription. SMDK may also refuse to enter, or choose to immediately terminate, an agreement with the User if the User has previously breached the Agreement (as described below).
1.3 These Terms and SMDK 's Privacy Policy (collectively, the "General Conditions") are valid and legally binding for SMDK and users of the Service. Special conditions (including special offers, prices, payment terms and method of payment, duration of agreement, etc.), which SMDK offers from time to time ("Special conditions") when the User enters into an agreement with SMDK, must also apply in connection with the use of the Service. In the event of any inconsistency between the Special Conditions and the General Conditions, the Special Conditions shall prevail. The General Terms and the Special Terms together constitute the agreement that applies between the User and SMDK (hereinafter "the Agreement").
1.4 Once a user account and / or subscription has been created, SMDK will send confirmation of this to the e-mail address provided by the User in connection with the User's registration of a user account in accordance with point 4 below. If a subscription has been purchased through a third party, that third party will provide the above confirmation, if SMDK does not provide it to the user.
2 Scope of benefits
Geographical area:
2.1 Only Users who are permanently resident in Denmark and who are physically present in their country of residence at the time of registration, have permission to register a user in relation to gaining access to the Service. The use of an IP address from that country will be considered by SMDK as proof of residency in that country. The service can only be used in Denmark - as well as in another EU country if the user temporarily stays in such a t country (hereinafter "Territory") as required by EU legislation. However, the quality of the Service (such as picture and sound quality) may be poorer when used outside Denmark.
Content:
2.2 The Service gives the User access to the content (such as series and movies) that is available on the Platforms - either via free streaming or via paid rent - at any time after the User has purchased a Subscription, which requires an accept of the Agreement. The Service and its contents will be varied, replaced, changed, and updated from time to time. Changes, modifications, or updates to the Service's content, that does not change the overall functions of The Service and other changes to the Platform The appearance should not be considered as a change of Terms.
Subscription / SVOD:
2.3 The user is charged a monthly payment for the Subscription.
2.4 SMDK may themselves, or through third parties that SMDK cooperate, with offer users to try the service for free for a limited period of up to one month on the terms set forth in connection with the offer (the "Trial Period"). The user may at any time during Trial Period terminate the Agreement without having to pay for the service. A Trial Period may only be used if the User has not previously been a User or made use of a Trial Period or similar marketing offer within the last 12 months.
If the User has not terminated the Agreement during the Trial Period, the Trial Period will automatically and without notice to the user be converted to a Subscription. If the user does not want a paid Subscription, the user must therefore terminate the Agreement during the Trial Period.
If the User has purchased a Subscription through a third party and this third party offers a Trial Period, the terms and conditions of the Trial Period are determined by the third party and not SMDK.
2.5 Some SVOD content will be available via the Subscription for offline playback on certain devices. Certain restrictions may apply to offline playback, including a time limit of 7 days, after which the content will no longer be available for offline playback.
Rent:
2.6 When renting content (TVOD) via the Service, the User can stream and play the rented content through the Platform. Once SMDK has received confirmation that the rental payment has been made via the payment option registered by the User on the Platform, the User has 48 hours to finish watching the content, after which the User's access to the rented content ceases.
3 Access to the Service
In order to access the Service, the User must register (a) a user account on the Website or through a third party service (as specified in point 4 below), and purchase a Subscription; (b) have access to certain equipment, systems and network connections under the Agreement and as further described in clause 5; and (c) after the expiration of any Trial Period or the like, pay fees in accordance with the Agreement and as further described in clause 6, or if the Subscription has been purchased through a third party, the User shall make the payment in accordance with the terms and conditions set forth in the agreement with the third party.
In addition, certain technical measures have been implemented to avoid unauthorized use of the Service, such as copying, use outside of the Territory and other dissemination of the content made available by the Service.
4 Registration and username
4.1 A user account can be registered on the Website.
4.2 The User is responsible for ensuring that the information provided by the User is correct at the time of registration, and for updating the user account with correct information. Upon registration, the User may only provide information regarding their own payment and credit cards, or other payment methods made available by SMDK from time to time (a "Payment Method").
4.3 When registering, the User must enter their email address, name, and password of his choice. The user is responsible for all use of his account.
5 Equipment etc.
5.1 In order to use the Service, the User must be in possession of the necessary and approved systems, network connections and equipment.
5. 2 A description of system requirements has been made available by SMDK on the Website or elsewhere. Compliance with these system requirements does not, however, guarantee that the User will be able to use the Service. Use of the Service may require the User to install third party software. SMDK may provide information, on the Website and otherwise, on which third party software may be used, but shall under no circumstances be responsible or liable for that third party software.
5.3 The Service requires the User to have access to the necessary Internet connection. The user is liable for all costs associated with this connection, including data costs, regardless of where in the Territory (see 2.1 above) the User utilizes the Service.
5.4 Only the equipment specified on the Website or otherwise communicated by SMDK may be used and registered for the Service. SMDK is entitled to decide at intervals and at its own discretion which units are to be considered approved. SMDK does not assume responsibility and is not responsible for the fulfilment of approved units' performance or capability with the Service.
5.5 The User shall be entitled to use and register the Service on up to five (5) approved computers, mobile phones, tablets, or other devices. Changes to registered, approved devices may take place in the User's account, however, such a change of registered devices can take place no earlier than five (5) days after the last change of registered devices. SMDK may continuously set other rules on the frequency with which the User may change the registered, approved devices. The user must be notified of such rules in accordance with clause 11 below. Only two (2) registered, approved devices may be used to view content at a time, unless SMDK has notified otherwise in writing. And only two (2) registered, approved device may be used to view the same content at a time.
5.6 SMDK is not responsible for failed attempts to use the Service or limited access to the Service due to overload of the Internet or due to errors or problems attributable to computers, networks, electronics, or communications.
6 Fees and payment
6.1 Fees for use of the Service shall be paid in accordance with the price information in force at any time available on the Website or in accordance with the prices set by the third party if the User has ordered the Service from a third party.
6.2 The User must pay the subscription in advance each month on the day corresponding to the day on which the User made his first payment for the Service (" Renewal Day "). See section 6.4. for payment if the user has made use of a Trial Period.
6.3 The user must make the payment for the subscription via the means of payment offered by SMDK on the Website. The user must sign the necessary documents, and at each payment date have sufficient funds for payment available, via the chosen means of payment.
6.4 If the user is given a Trial Period no payment shall be made for the Trial Period. The first payment must instead be made on the first day after the expiration of the Trial Period, when the Trial Period expires - provided that the User has not terminated the Agreement no later than two (2) days before the expiration of the Trial Period one - and thereafter on each Renewal Day, which must be the same day every month for the following months. Occasionally the Renewal Day can change, for instance if the User Agreement entered into force on a calendar day that does not exist in any of the following month.
6.5 If there are insufficient funds available for the User on the Renewal Date, SMDK will make 2 additional attempts with 3 day intervals to withdraw payment from the credit or debit card, or other payment method that the User has made available. If SMDK after these two attempts still have not been able to withdraw the payment, all access to the account will be closed. The user will have to sign up for a new account to access the Service.
6.6 In the event of late payment, SMDK is entitled to charge penalty interest on outstanding amounts in accordance with applicable law, reminder fees and any debt collection fees.
6.7 If the User has purchased a Subscription from a third party, the settlement of fees, notwithstanding the terms and conditions in clauses 6.1 to 6.6, will be made in accordance with the Terms of the agreement stipulated in the agreement with the third party.
7 Use of the Service
7.1 The User may only use the Service for personal use and in accordance with the Agreement. The User must not – and must not encourage, promote, or cause others to - do the following:
(a) Use the Service for any commercial or public purposes.
(b) Use the Service for any illegal or inappropriate purposes,
(c) Copy/ reproduce, lend, sell, broadcast, distribute, or otherwise transmit or adapt the Content of the Service,
d) Work around, modify, remove, edit, or otherwise manipulate the security, encryption or other technology or software that is part of the Service, or
(e) Otherwise use the Service in violation of copyright and / or other laws.
7.2 The Service may only be used within the Territory. The User may not in any way use or attempt to use the Service outside the Territory, or encourage, promote, or cause others to do so.
7.3 Use of the Service in violation of this clause 7 shall always be regarded as a violation of the Terms and may lead to SMDK terminating the Agreement with immediate effect (also see clause 12).
8 Minors
8.1 The Service may contain material that is considered inappropriate for minors and that may also be perceived by others as obscene or offensive.
8.2 The service is not intended to be used by children without the presence, supervision or permission of parents or guardians. Parents or guardians who allow children to use the Service, are themselves responsible for assessing whether the Service content is appropriate for that child.
9 Adjustments and changes
9.1 SMDK reserves the right to change the fee and other terms of the Service. The change must be notified to the User no later than 30 days before the change takes effect. If the User does not accept the changes, the User must terminate the Agreement before such changes take effect. If the User does not terminate the Agreement before the change takes effect, it must be considered acceptance of the change. If the User has already paid for a Subscription after such changes take effect, then the User will be bound by the previous Agreement for the remainder of this Subscription period. Changes that are to the obvious benefit of the User will be applied immediately and without cancellation rights and SMDK is not obliged to notify the User of such changes.
9.2 Notwithstanding the Terms of clause 9.1 the Users rights will, in cases where the User has purchased a Subscription through a third party regarding the Service, and this Agreement establishes the User's rights in relation to changes to the Service, be governed by the terms and conditions set forth in the agreement with the third party.
Information for Users regarding changes:
9.3 Information to Users regarding changes is provided in accordance with clause 11 below.
10 Waiver of right of withdrawal
By entering into this Agreement, the User agrees that the Service is delivered directly and that the content on the Website is made available to the User immediately. The User also agree to waive their cancellation rights under Danish law as soon as the use of the Service has begun. If the User has entered into this agreement, and use of the Service has started, but the User no longer wishes to use the Service, or be bound by their Subscription, the User must terminate the agreement in accordance with clause 12 below.
11 Messages to customers
11.1 Messages to customers from SMDK can be sent per. e-mail, text message or be published on the Website. Such messages can e.g., include relevant information in relation to the subscription / account, service updates and modifications as well as changes in the Service. Notices to the User shall be deemed to have been received by the User as soon as they are published on the Website, sent per. e-mail, or sent by text message.
11.2 SMDK shall be deemed to have fulfilled its obligation by sending messages to e-mail address or phone number as later stated by the User to SMDK, whether such address(es) is no longer used by the User or is otherwise unusable.
12 Term and termination of the agreement
12.1 A Subscription runs for a period of one (1) month and is automatically extended on the Renewal Date with a new period of another (1) month, until the User or SMDK terminates the Agreement in accordance with its Terms. Upon termination, the subscription expires at the end of the latest payment period. A fee paid in advance for the relevant period will not be refunded and the user is entitled to continue using the service until the end of the payment period.
12.2 If the user wishes to terminate the Agreement, the User shall inform SMDK through the Website (see also clause 22 below for contact information) no later than two (2) days before the next payment renewal. If the User has acquired the Subscription through a third party, the Agreement must be terminated via this third party. If SMDK wishes to terminate the Agreement, SMDK must inform the User thereof no later than at the end of the subscription.
12.3 In regard to a Trial Period, the User may at any time during Trial Period decide to terminate the Agreement without having to pay for the Service. If the User has not terminated the Agreement during the Trial Period, the Trial Period will automatically and without, be converted to a Subscription.
Other:
12.4 In addition to the termination provisions above, SMDK shall be entitled to terminate the Agreement with immediate effect, and at the same time make the Service unavailable to the User, in the event of any of the following events:
(a) The payment of the User, of any kind, is not enforceable (see paragraph 6.5),
(b) In the event of unlawful use of the Service, or if there is reasonable cause to believe that such unlawful use is taking place,
(c) The User has more than once attempted to make use of a Trial Period, or
(d) The User is otherwise guilty of material breach or repeated breach.
12.5 In the event that SMDK terminates in accordance with point 12.4, (a) - (d) above, the User is not entitled to a refund of any payments made to SMDK.
12.6 Notwithstanding the Terms of paragraph 12.1 to 12.5, in cases where the User has purchased a subscription from a third party, the User's right to terminate the Service is determined by the terms and conditions stipulated in the third party's agreement.
13 Intellectual property rights
13.1 When entering into an agreement with SMDK, SMDK grants the User a non-exclusive, non-transferable, and limited right to use the content of the Service. The User may only use the Service and the Content of the Service in accordance with the Agreement.
13.2 The content of the Service is owned by SMDK or SMDK 's licensors and is protected by copyright, trademark laws and other intellectual property rights. The User's agreement with SMDK does not entail any transfer to the User of ownership or other intellectual property rights in the content of the Service or in the Service.
14 Security
14.1 The User shall not take any action that could cause the Service or the Platforms to be disabled resulting from overload, damage or degrading. The User must also not harm or interfere with other Users' use of the Service.
14.2 The User shall not attempt to gain unlawful access to any network, computer systems, content or information relating to the Platforms or the Service. Violation of this provision will always be considered a material breach, which may result in immediate termination (see clause 13).
15 Limitation of liability, interference, and power outages
15.1 Interruption, power failure or other fault in the Service must be reported to SMDK within a reasonable time after the User has discovered or should have discovered the fault, in order for the User to be entitled to compensation in accordance with section 15.2. Messages that appear within two months after the User became aware of the error are, however, considered timely. SMDK is not liable for errors in the Service that are not within SMDK 's control, in accordance with clause 5.6 above, or are otherwise due to the User's use of equipment that is not approved, or due to the User's or third party's negligence.
15.2 SMDK is only liable for interruptions, power outages and other faults due to circumstances within SMDK 's control and for which SMDK is responsible and that are not covered by clause 15.1. Regarding disruptions, power outages and other errors that make the Service unavailable for more than twenty-four (24) hours, the Users who have subscribed and who request it, shall be entitled to a reduction of the monthly payment. The amount to be refunded is calculated as the duration of the error throughout the day from the time when the User notified SMDK of the error, to the time when the error has ceased. Refunds are made to the User's registered credit card on the Service. If the User has purchased a Subscription from a third party for the use of the Service, SMDK is not responsible under this clause 15.2, and any complaints must be submitted against the third party the User has entered into the agreement with.
15.3 SMDK, its subsidiaries, employees, board members, partners and licensors shall, to the fullest extent possible within the lines of the applicable law, not be liable for losses or damages incurred by the User or other parties when using the Platforms or the Service.
16 Liability for damages
You agree to compensate and to indemnify SMDK, its subsidiaries, employees, directors and licensors for any loss, expense, or claims that may arise because of or in connection with the User's breach of these Terms for use and violation of the laws or third-party rights.
17 Transference
SMDK shall, without the prior consent of the User, be entitled to transfer its rights, claims or obligations under the Agreement to another company within the same group or to a third party who can reasonably be expected to fulfil its conditions under this Agreement in a satisfactory manner.
18 Links from the Platforms
The platforms may contain links to other websites belonging to third parties. SMDK has no control over and assumes no responsibility for the content of such websites. The User's use of such websites is at the User's own risk.
19 Invalidity of Terms
If the Terms in these Terms and Conditions or any other Terms of the Agreement are found to be unenforceable or invalid, this shall not affect or render other Terms of the Agreement invalid or unenforceable, and the Agreement or Terms shall be applied to the extent permitted by law.
20 Passivity
Neither SMDK 's failure to exercise rights or demand fulfilment of obligations to the User under the Agreement, nor SMDK 's failure to exercise rights or sanctions because of breach of the Agreement, shall prevent SMDK from reprimanding the matter in question and / or future similar circumstances in accordance with the Terms of the Agreement.
21 Disputes
If the User, for whatever reason, is dissatisfied with the Service, the User may contact SMDK in accordance with clause 22 below to lodge a complaint.
In the first instance, the parties must try to resolve disputes that may arise due to the Agreement by settling amicably. If the parties cannot reach an agreement, the dispute must be decided by a competent court and must be subject to Danish Law. The User has the right as a consumer to seek the dispute settled at the court district where the User has jurisdiction or where the User resides. The User can also direct complaints to consumer complaints bodies as follows:
Denmark: Center for Klageløsning, Nævnenes Hus, www.kfst.dk/forbrugerforhold
Den Europæiske Union: Den europæiske platform for onlinetvistbilæggelse, www.ec.europa.eu/consumers/odr
22 Contact information
The user can contact SMDK via the following:
E-mail: support@vivida.com
If the User has purchased a Subscription from a third party, the User must contact this third party's customer service for inquiries regarding the agreement / membership itself, while inquiries regarding problems with the Service must be made to SMDK's support as stated above.
Updated February 26th, 2024
