Updated 26.11.2020

Terms & Conditions

General

Dramox s.r.o., a company with its registered office at Bucharova 2928/14a, Stodůlky, 158 00 Prague 5, Aspira Business Centre, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, File 332337 (“Dramox”), provides on-demand audiovisual media services under the name Dramox at dramox.cz or in an application created by Dramox (the “Website”) with on-demand contents available on the Internet (the “Services”).
The General Terms and Conditions shall apply to agreements on the provision of the Services between Dramox and the user as a natural person (the “User”), and between Dramox and business entities and/or public institutions, such as schools and social facilities. Only persons over 18 years of age with their permanent residence in the territory of the Czech Republic may enter into an agreement on the provision of the Services with Dramox; persons under 18 years of age may do so only through their legal representatives. Dramox may refuse to enter into an agreement with a User or terminate an agreement with a User with immediate effect if the User breaches these Terms and Conditions.
These Terms and Conditions are binding on Dramox and the Users, and together with other documents (price list, payment terms, special offers, etc.), form an agreement on the provision of the Services (the “Agreement”). The User agrees to pay a subscription fee to Dramox for the Services provided.
When Services have been ordered, Dramox shall send a confirmation to the User, to the User’s e-mail address specified by the User during registration, thereby confirming the conclusion of the Agreement. The e-mail confirmation will include, inter alia, a reference to these Terms and Conditions. The Agreement between the User and Dramox is made once the User fills in all the required registration details and clicks on the “Confirm” button. The Agreement represents an agreement executed by electronic means and will be deposited with Dramox.

Personal Data Processing

The User acknowledges that the User’s personal data are being processed within the provision of Services by Dramox as the personal data controller. Dramox fulfils its notification obligation towards the User within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (the “GDPR”) related to the processing of the User’s personal data for the purposes of performance of the Agreement, for the purpose of negotiations regarding the Agreement and for the purpose of fulfilment of public-law duties, by means of a special document.

Territorial and age limitations of the Services

The Services are intended primarily for the use in the territory of the Czech Republic. The User may use the Services outside the territory of the Czech Republic while being temporarily present in the territory of Member States of the European Economic Area in accordance with Regulation 2017/1128 of the European Parliament and of the Council on cross-border portability of online content services in the internal market (this authorisation for temporary use applies to EU Member States, Iceland, Liechtenstein and Norway).
In connection with the temporary authorisation to watch the content outside the Czech Republic, Dramox automatically verifies whether the User’s IP address is located in the territory of the European Economic Area. If it is not possible to obtain this information or if the User uses software to circumvent the IP address identification (creation of VPN networks, etc.), Dramox may refuse to provide the Services.
The Services provided by Dramox comprise, in particular, recordings of theatre performances and other audiovisual works which are included in Dramox’s offer according to its own discretion, and the User is not entitled to any content. The User may watch the content made available in the Dramox database after the execution of the Agreement. An overview of the contents of the Services is available on the Dramox Website.
Any changes in the content and in the scope of the content offered do not constitute an amendment to the Agreement between Dramox and the User.
The Services provided by Dramox may contain recordings that could be considered inappropriate for children and adolescents, and that could be perceived by other persons as obscene or disturbing. In such cases, an age limit for access to the given content will be properly displayed in the relevant recording. In view of the fact that the Services are intended primarily for persons over 18 years of age, this sign is indicative only and Dramox cannot be held responsible if the content thus designated is made accessible by the User to minors. The User is fully responsible for determining whether any specific content of the Services is suitable for children and adolescents.

Price of the Services

The User agrees to pay to Dramox a fee for the use of the Services in the form of a monthly subscription fee based on the applicable price list, which is available HERE.
Dramox will enable the User to test the Services for a limited period of time without the obligation to pay a fee within a “Trial Period”. A Trial Period is available only once to each User and the User is obliged to pay the subscription fee after its expiry; otherwise, Dramox will reject further use of the Services free of charge and render the content inaccessible to the User.
Unless the User actively terminates the Services during the Trial Period, his/her user account will be automatically transferred to the standard regime and Dramox will request payment for the Services from the User according to the applicable price list.
The first payment of the subscription fee will be made on the date when the User enters into the Agreement or when the Trial Period expires. Subsequently, the subscription fees for each following month will be paid in advance on the same day in the given month as that on which the User and Dramox entered into the Agreement. If no such day exists in the given month, the subscription fee will be charged as of the last day of the given calendar month.
If the payment is not made or if the card issuer rejects the payment, Dramox will restrict access to the Services until the payment is made by the User. Dramox may terminate the Agreement in the event of a delay in payment exceeding 1 day.

Gift certificates / vouchers

The fee for the use of the Services can also be paid by means of “vouchers”. Each voucher contains a unique code to be entered by the User in the relevant field when registering a new user account.
Vouchers cannot be used with user accounts where payment by card has been selected. In that case, it is necessary to create a new account, or cancel the existing account and create a new account using the same e-mail address where the payment will be made by means of a voucher.
If the code specified in the voucher is not functional, the User may contact Dramox at any time; Dramox will verify the accuracy of the claimed code and send a new code to the User.
The voucher is valid for 1 year after its purchase.
Vouchers can be purchased via the Dramox Website. If the User buys a voucher, e.g. as a gift for a friend/relative, the User will receive an e-mail with a link, which can then be used to download the voucher, print it out or forward it to the recipient of the gift. Vouchers are not intended for resale. Resale of vouchers is not permitted and is considered to be a material breach of Dramox’s terms and conditions.
Vouchers of various values and periods of subscription are offered. An up-to-date offer is available at Dramox’s Website.
After entering the code into the system, the voucher cannot be returned and is subject to the regime specified in the article “Loss of the right to withdraw” hereof.
Vouchers can also be purchased by commercial entities, e.g. as gifts for their employees or clients. Vouchers can also be ordered in a special regime for schools and social facilities. For purchasing a larger number of vouchers, we recommend contacting the Dramox sales department directly at support@dramox.tv.
Vouchers for subscription for the Services are issued only by Dramox and, therefore, Dramox is not liable for malfunction or other damage in connection with vouchers purchased outside our Website or our sales department.

Terms of use of the Services

In order to ensure smooth use of the Services, it is necessary that the registered User have at his/her disposal a device that meets the minimum technical requirements and is connected to the Internet.
We recommend to verify the parameters of the internet connection, especially the minimum speed, which should not be lower than 2 Mbps, and also any potential limitations to the volume of data downloaded.
Watching the Dramox content is demanding in terms of the volume of downloaded data and, therefore, is not suitable for connections that are in any way limited in this respect. Dramox is not liable for any fees related to the volume of data downloaded that may be charged by some internet service providers.
In compliance with the applicable legal regulations, Dramox is not responsible for the User’s inability to use the Services or for limited access to the Services due to internet connection overload or as a result of an error or problems concerning equipment, networks, electronics or communications beyond the control of Dramox.

User Account

The User registers at Dramox.cz in the “Registration” section. In order to register, it is necessary to fill in the required identification details and details on the manner of payment, which can only be made by payment cards (credit, debit) issued in the territory of the Czech Republic.
At the time of registration, Dramox will automatically verify the IP address pursuant to Art. 3.2 hereof.
The User agrees to provide accurate information in the registration and update this information without undue delay in case of any change.
Dramox uses the Stripe payment gateway for processing payments; processing of payments is governed by Stripe’s terms and conditions, which are available to the User HERE.
Within the registration of a new user, the User will be requested to enter the following details: login, name, surname, e-mail address, password, details concerning the selected method of payment, and other data as may be required and necessary for the registration. The User’s login is personal and may not be used by a third party. If Dramox ascertains that a login has been misused, Dramox may refuse to provide any further Services, and may block or delete the user account and terminate the Agreement with the User with immediate effect.
Dramox may request that the User change the password if it does not meet the security rules and if there is a risk of its misuse.

Licence terms and conditions of the Services

The User may use the Services for his/her personal needs and in accordance with these Terms and Conditions. The User is not entitled to use the Services for commercial purposes or public production, make copies/reproductions, rent, sell, broadcast or otherwise disseminate, alter or transfer or otherwise modify the contents of the Services, circumvent, modify, remove, change or otherwise tamper with the security, encryption or other technology or software that is part of the Services, or otherwise use the Services at variance with the laws on copyright, other laws or these Terms and Conditions.
In connection with the execution of the Agreement, Dramox grants to the User a non-exclusive, non-transferrable and limited licence to watch the contents of the Services. The User may use the Services and its contents only in accordance with the Agreement and for private purposes.
Materials on the Website and the contents of the Services are protected by copyright and other regulations on the protection of intellectual property. The Agreement in no case establishes a transfer of the ownership title or any other intellectual property right to the Services or the contents of the Services to the User.
Breach of this provision hereof shall be deemed to be material breach of the Agreement and, if any such breach is determined, Dramox may immediately terminate the Agreement with the User and, at the same time, use all available remedies to protect its rights and rights of the holders of copyright to the recordings constituting the contents of the Dramox Services.

Amendments to the Agreement

Dramox may change the amount of the subscription fee and other terms of use of the Services according to its own discretion, but always sufficiently in advance. The User will be informed of any such changes at the e-mail address specified in his/her user account not later than thirty (30) days before the effective date of the change. If the User disagrees with the change, the User may terminate the Agreement with effect as of the effective date of the given change.

Loss of the right to withdraw

By entering into the Agreement, the User expressly grants his/her consent to the provision of the Services immediately after execution of the Agreement and payment of the subscription fee under the Agreement. The User hereby acknowledges that, since the User obtains access to the Services before expiry of the fourteen-day (14-day) deadline for withdrawal from the Agreement, the User loses the right to withdraw from the Agreement within fourteen (14) days of execution thereof pursuant to Section 1829 of Act No. 89/2012 Coll., the Civil Code, as amended.
This Article shall in no way prejudice the User’s right to terminate the Agreement at any time during the Trial Period without the obligation to pay the subscription fee.

Term of the Agreement

The Agreement is entered into in each case for a subscription period of one (1) month case and will be automatically repeatedly prolonged by one (1) month periods until the User or Dramox terminates the Agreement in accordance with these Terms and Conditions.
If the User wishes to terminate the Agreement, he/she must notify Dramox of this fact in the user section of the Website, and the Agreement will terminate as of the end of the currently prepaid calendar month.
Dramox may terminate the Agreement if:
- the User is in delay with payment for a period of at least 1 day;
- the User misuses the Trial Period or breaches its terms and conditions;
- the Services are used by the User without authorisation or there is a justified suspicion of unauthorised use;
- the User has attempted to use the Trial Period more than once (1x); or
- the User materially breaches the Agreement or has repeatedly breached the Agreement in some other manner.

Limitation of liability; Service outages

In case of malfunctions, outages and other shortcomings as a result of which it is not possible to use the Services for a continuous period of time exceeding 24 hours and that are caused by reasons on the part of Dramox, the User is entitled to a proportional reduction of the subscription fee if the User so requests.
The User is not entitled to any compensation for interruption, outages or other shortcomings of the Services resulting from maintenance. The maintenance is performed once a calendar month between 00:00 a.m. and 8:00 a.m. The Services may not be available during the maintenance.

Compensation for damage

The User is required to indemnify Dramox or release Dramox from liability for any loss, expenses or claims arising as a result of or in relation to breach of the Agreement, breach of the applicable laws or infringement of third-party rights by the User.

Assignment of rights and obligations

Dramox may assign its rights and obligations following from the Agreement to a third party that can be reasonably expected to perform its obligations towards the User properly and in accordance with the Agreement. The User may not assign his/her rights and obligations following from the Agreement.

Links to third-party content

The Dramox Website may contain links to other websites operated by third parties. Dramox has no control over such links or contents of such websites and assumes no responsibility for them. The User uses such websites at his/her own risk.

Resolution of disputes

In case of any dispute between the User and Dramox, the User may contact Dramox using the contact details specified at the end of these Terms and Conditions or other contact details available on the Website.
The User and Dramox shall strive to resolve the disputes amicably. If an amicable settlement cannot be reached, the dispute will be resolved by the Czech court having the relevant jurisdiction.

Governing law

This Agreement and legal relationships between the User and Dramox are governed by the laws of the Czech Republic.
If an amicable settlement of a dispute between the User and Dramox cannot be reached, the User may submit a complaint to the Czech Trade Inspection Authority, as the authority authorised to resolve consumer complaints and disputes out of court, or use the option of on-line resolution of consumer disputes, before filing a lawsuit. As regards the contents of the Services, the User may also file a complaint with the Council for Radio and Television Broadcasting.

Communication and contact details

Dramox may send notifications to the User by e-mail or by publishing a notice on the Website.
The User may contact Dramox at Dramox s.r.o., Bucharova 2928/14a, Stodůlky, 158 00 Prague 5, Aspira Business Centre, Czech Republic, or by e-mail at support@dramox.tv.