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Article 2

Definitions

For the purposes of this Regulation, the following definitions apply:
(1)
‘subscriber’ means any consumer who, on the basis of a contract for the provision of an online content service with a provider whether against payment of money or without such payment, is entitled to access and use such service in the Member State of residence;
(2)
‘consumer’ means any natural person who, in contracts covered by this Regulation, is acting for purposes which are outside that person’s trade, business, craft or profession;
(3)
‘Member State of residence’ means the Member State, determined on the basis of Article 5, where the subscriber has his or her actual and stable residence;
(4)
‘temporarily present in a Member State’ means being present in a Member State other than the Member State of residence for a limited period of time;
(5)
‘online content service’ means a service as defined in Articles 56 and 57 TFEU that a provider lawfully provides to subscribers in their Member State of residence on agreed terms and online, which is portable and which is:
(i)
an audiovisual media service as defined in point (a) of Article 1 of Directive 2010/13/EU, or
(ii)
a service the main feature of which is the provision of access to, and the use of, works, other protected subject-matter or transmissions of broadcasting organisations, whether in a linear or an on-demand manner;
(6)
‘portable’ means a feature of an online content service whereby subscribers can effectively access and use the online content service in their Member State of residence without being limited to a specific location.

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