17 September, 2019
- Editing and hosting the Website
1.1. Editing the Website
The Website is edited by FILM FACTORY ENTERTAINMENT, S.L., tax id. ESB65459034, addressed at Calle Lincoln, 11, 2º, 4ª, 08011 Barcelona, Spain, Phone: +34 933 624 608, e-mail: firstname.lastname@example.org (“Film Factory Entertainment S.L.”).
1.2. Hosting the Website
The Website is hosted by 10DENCEHISPAHARD, S.L. (CDmon) · email@example.com · C/ Girona, 81-83, local 6, 08380 Malgrat de Mar, Barcelona, Spain
- Purpose of the Website
Film Factory Entertainment S.L. is dedicated to the acquisition, distribution and sales of audio-visual rights in feature films, series and any audio-visual programmes (hereinafter “the Programes”) the world.
Film Factory Entertainment S.L. manages its library of content which comprises among others promotional and marketing documents, as well as materials’ and/or documents’ orders, throughout the Website.
The Website is a platform of information on Film Factory Entertainment S.L. activity and in particular but without limitation corporate activity, presentation and information about the Program, access to contact information in order to set up meeting etc…
Access and use of all or part of the Services proposed on the Website imply the full acceptance of the present Terms.
The user confirms he/she has read the entire Terms before any use of the Services.
The presentation of the Website is indicative and does not imply the obligation for Film Factory Entertainment, S.L. to maintain said services, Film Factory Entertainment, S.L. being entitled to modify them at any and all time, at its sole discretion.
The user warrants that he/she shall respect the present Terms.
Film Factory Entertainment, S.L.can propose additional specific Terms relating to certain specific services, which must be accepted by the User for him/her to have access to said services.
- Access to Website
To access the Website, the user must have an Internet connection. The cost of said Internet connection is borne by the user only.
To access the Website, the user must also have the equipment and software necessary to the connection to the Website.
Film Factory Entertainment, S.L. does not warrant that all the Website will be accessible on all devices and/or browsers.
- Intellectual Property –Protection of the Website
All data and information stored on or accessible through the Website can in no case be taken-up and used for other purposes than the private consultation by the user directly connected on the Website.
Film Factory Entertainment, S.L. reserves the possibility to take all appropriate actions against any and all reuse made in violation of Intellectual Property rights and/or the law and/or the Terms.
If the user wishes to use in another framework, and/or to disseminate data, information and/or the Website, the User shall contact Film Factory Entertainment, S.L. to the address mentioned above.
4.1. The user benefits from a non exclusive license granting him/her the access and use to the Website and within the perimeter of the rights, subject-matter of the authorization granted for those Website and/or materials and/or documents, pursuant to the present Terms.
The user shall refrain from all use of the Website going beyond the rights, subject-matter of the authorization granted.
Under no circumstances can the user considers himself/herself the owner of the digital files of the documents he/she can access through the Website. The physical control of the files is only granted to the user in order to allow him/her to enjoy the rights granted that are the subject-matter of the authorization granted and those files are only the accessory of the rights subject-matter of the authorization granted.
This authorization cannot be transferred, considering the specific undertakings undertaken by the user pursuant to the present Terms.
Any reproduction or representation, in all or in part, for other purposes than the authorized use is prohibited. The violation of this prohibition is an infringement of copyright and the infringer can be held liable under civil and criminal law.
4.2. The names, images, logos, or any other distinctive signs presented on the Website identifying Film Factory Entertainment, S.L. and/or its partners or third parties or their products and services including in particular but not limited any image, content, summary of the Programs are contents protected by intellectual property rights, and in particular trademarks, rights in designs and/or copyrights and neighbouring rights in the European Union, the Kingdom of Spain or abroad.
The Website and its contents, the general structure of the Website, the software and data bases used and all other contents presented on the Website are protected under copyright, neighbouring rights and/or the sui generis right of the producer of data bases, and more generally, by common civil liability law as well as applicable international treaties.
Film Factory Entertainment, S.L. and/or its partners are the sole right holders of all intellectual property rights abovementioned in and to all the contents and in particular in and to the Programs presented on the Website.
The user warrants that he/she will respect these rights.
Accordingly, and subject to civil and/or criminal proceedings, unless Film Factory Entertainment, S.L. gives its express prior approval in writing, the user undertakes not to:
– Reproduce, display, modify, publish, adapt on any medium, by any means, all the elements on the Website;
– Affect in any way the computerized system implemented for the provision of the Website, including any intrusion or attempted intrusion;
– Reverse engineer all or part of the Website;
– Compile, decompile or disassemble all or part of the Website;
– Modify or create software developed on all or part of the Website, including in order to correct the possible bugs, Film Factory Entertainment, S.L. being the only one entitled to carry out the possible corrections;
– Distribute and/or disseminate copies of all or parts of the website;
– Take down or delete any notice and/or proprietary information on all or part of the Website;
– Resell, rent, sub-rent or transfer in any way the Website to a third party.
4.3. Any use by the user of the information, data and elements of the Website, in any way whatsoever, not consistent with the present Terms is strictly prohibited. In no case, the possibility to access the information on the Website and certain data can be construed as an authorization for the user to extract, substantially or not, and/or use outside the consultation of the Website, any data or any other element of the Website. It is recalled that such extractions and/or uses are strictly prohibited.
Any and all reproduction and/or display, in all or in part, on any medium, of the distinctive signs or contents on the Website, including the information and/or data, is authorized within the scope of the stipulations set forth in the present Terms. Any other use is prohibited and is an infringement of intellectual property rights and can thus lead to civil and criminal liability for its author.
4.4. The digital files of the Programs and/or materials and/or documents on the Website can be protected by technical protection and information measures or “Digital Rights Management systems”, i.e. protection systems enabling to control the use of the files and in particular their copy. The goal of the protection systems is to offer the user a great flexibility in the use of the contents made available while protecting intellectual property rights.
The user restrains from taking any measure aiming at circumventing or affecting the technical protection and information measures.
The user agrees and expressly accepts that technical protection and information measures may limit or revoke his/her access to one or several Programs, as well as the use that can be made of said Programs. The User also agrees to the automatic update of the technical protection and information measures and to the attached consequences.
These technical protection and information measures are governed by the Intellectual Property Code. Any attempt to circumvent those measures can be punished under the provisions of this same Code.
4.5. Film Factory Entertainment, S.L. cannot be held liable for the violation of Intellectual Property rights that might happen within Programs edited by third parties and possibly accessible through the Website.
- Protection of personal data
The Website may contain hyperlinks directing to contents from third parties or to websites exploited by third parties.
Film Factory Entertainment, S.L. is not responsible for the quality or the correctness of these contents or websites and cannot be regarded as approving, publishing or authorizing those websites or contents.
Accordingly, the operators of said websites are solely responsible for compliance with the applicable laws and regulations, in particular regarding the products and services sold on their websites, and more particularly with respect to compliance with consumer law, distance selling, price regulations, personal data, etc.
Film Factory Entertainment, S.L. accepts no responsibility as to damage resulting from the use of said websites.
- Obligations and liability of the user
7.1. The user undertakes to abide by the Terms, which is a performance obligation.
The user has to abide by the following rules of conduct.
The user shall not use the Website in order to:
– Share any pedophile material or any content that may harm minors in any way, or affect children’s and adolescents’ protection;
– Send, share any message with content that is either illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, threatening to other people’s life, hateful, racist, homophobic, anti-Semite, xenophobic, revisionist or reprehensible in any other way;
– Share any material contrary to public order and accepted principles of morality;
– Share any content which could be considered, without it being a limitation, as an apology or incitement to commit crimes and other offenses, incitement to commit suicide, incitement to use drugs or other illegal substances, incitement to commit terrorist acts; incitement to discriminate, incitement to hatred or violence due to race, ethnicity, religion, nationality; false news; false rumours; adversely affecting the authority of the judiciary, trials, the divulgation of information relative to someone’s situation towards the tax administration; a diffusion, outside the authorised conditions, of polls and vote simulations relative to an election or a referendum; defamation and insult; as harmful to privacy; or as a behaviour endangering minors by the fabrication, transport and the dissemination of messages containing violent or pornographic contents or that may seriously harm the dignity of the human being, the equity between women and men;
– Share any content revealing or inciting to cruelty towards animals;
– Share any message if the User is not authorized to disseminate its content, in particular pursuant to legislation or a legal instrument (in particular inside information and confidential, information, or any information that was communicated or divulgated to the User within the scope of an employment agreement or a non-disclosure agreement, without this list being a limitation);
– Share any message with content that infringes any patent, registered trademark, registered design, trade secret, copyright, neighboring right, intellectual property right in general or any other property right held by a third party, any personality right, or any content if publishing it may be construed as a wrongdoing;
– Counterfeit document headers, be they official or not, or in any other way modify the content shared on the Website as to dissimulate its source;
– Collect or store data in order to create a data base about all or part of the Website or the users of the Website;
– Share any message containing computer viruses or any other code, file or software conceived or developed to stop, destroy or limit the functioning of any software, computer, operating system or telecommunication tool, without that list being a limitation;
– Share messages inciting or facilitating computer hacking, or the circumvention of technical protection measures (“crack”) or of information/notice regarding intellectual property rights;
– Hinder or disrupt the Website, the servers, the networks connected to the Website, or refuse to conform to the required conditions, process, general rules or regulations applicable to the networks connected to the Website;
– Infringe, knowingly or not, any law, local, national or international regulation in force as well as breach any obligation of the present Terms;
– Impersonate the identity of other persons or entity, including an official representative of Film Factory Entertainment, S.L., a facilitator and/or a Website administrator;
– Harass in any way one or several other users; give information directing at other websites (be it through the creation of hyperlinks or merely by giving information) with content that may infringe any laws or regulations, and in particular that may infringe other persons’ personal or patrimonial rights, and/or intellectual property rights;
– Adversely affect or harm in any way Film Factory Entertainment, S.L., its executive officers and/or associates and/or partners, or their image and reputation, in particular, by insulting or threatening them;
– Use the Website for commercial and promotional purposes, and in particular, without it being a limitation, to display or facilitate the display of commercial messages or solicitations;
– Use all or part of the Website to offer other services, outside the scope of the Website;
The User accepts not to use any crack, bug or any other form of error to gain advantages in using the Website. Likewise, the user undertakes to inform Film Factory Entertainment, S.L. immediately in case he/she notices a crack or an error in the Website.
The User is not authorized to use the Website in a way which may make them unavailable, damage them or prevent them from functioning.
7.2. The User warrants and agrees to indemnify Film Factory Entertainment, S.L., its executive officers, employees, partners, and/or any third party, against any and all damage, claim or demand from a third party and following the use of the Website by the user. This warranty covers the possible damages which may have to be paid as well as attorney’s fees and legal costs, in a reasonable measure.
- Liability of Film Factory Entertainment, S.L.
The Website is destined to professionals and, by mutual agreement of the user and Film Factory Entertainment, S.L., no party can claim to act in the capacity of consumer.
Film Factory Entertainment, S.L. provides the Website “as is” and gives no guarantee whatsoever. In particular, Film Factory Entertainment, S.L. gives no guarantee of access to the Website.
In view of the technical contingencies attached to the decentralised functioning of the Internet network, Film Factory Entertainment, S.L. gives no guarantee of continuity of service or of absence of error in the Website.
Film Factory Entertainment, S.L. reserves the right to suspend the access to the Website, in all or in part, without notice, in particular to proceed with the correction, update or maintenance.
Film Factory Entertainment, S.L. shall not be held liable for damage and/or loss suffered in connection with the use of the Website.
To the fullest extent permitted by the applicable laws and regulations, Film Factory Entertainment, S.L. gives no guarantee, express or implied, in particular concerning the quality and compatibility of the Website to the use contemplated by the user. No information or advice given by Film Factory Entertainment, S.L., through the Website or not, can create any obligation for Film Factory Entertainment, S.L. or can be construed as a guarantee.
In particular, Film Factory Entertainment, S.L. does not represent and warrant:
– That the use of the Website will fit the needs of the user;
– That the use made of the Website by the user will be without any interruption, adequate, secured or without any error;
– That all information acquired through the use of the Website will be accurate or reliable.
Subject to the guarantees expressly set forth in the present Terms, no condition, guarantee or other term (including any and all implied guarantees of satisfactory quality, of adequate use to particular purpose or compliance with the description) applies to the Website.
Film Factory Entertainment, S.L. can limit the number of materials related to Programs or remove them completely from the Website at its own discretion, without giving any notice to the user.
Film Factory Entertainment, S.L. reserves the right to add, suppress or modify all or part of the sections of the Website it edits, without prejudice to the application of conditions possibly previously agreed upon.
Film Factory Entertainment, S.L. reserves the right to update, modify or delete them at all times without notice.
Film Factory Entertainment, S.L. reserves the right to insert and/or have any third party chosen at its own discretion insert banner ads and/or any other promotional element on the Website as well as in the Programs materials included in the Website, at all time.
In case Film Factory Entertainment, S.L. is held liable, Film Factory Entertainment, S.L.’s liability is strictly limited to direct, personal, actual damages, at the exclusion of, without this list being a limitation, any and all indirect and/or consequential damage and/or loss, such as commercial loss, moral and financial loss, including any loss of profit for which the cause, origin or base is the use of the Website.
In any case, Film Factory Entertainment, S.L. shall not be held liable when the damage was caused, in all or in part, by the User’s or a third party’s fault or act, or in the event of force majeure.
In all cases where Film Factory Entertainment, S.L. could possibly be held liable, no actions or claims, on whatever grounds, can be entered against Film Factory Entertainment, S.L. later than one (1) year after the day when the infringement was established.
In the event of disputes between the user and one or more other user(s), the user undertakes to hold Film Factory Entertainment, S.L. harmless against any claim, application and possible damage (direct and indirect), and of whatever nature, known and unknown, originating in whatsoever way from said disputes or related to them, including damage related to loss of profit, customers, a use or data.
- Revision of the Terms
Film Factory Entertainment, S.L. reserves the possibility to modify all or part of the Terms. The user may be informed by all means of the new Terms.
9.1. For all questions, information, notification, the user can contact Film Factory Entertainment, S.L. at the above mentioned address and contact information.
9.2. Film Factory Entertainment, S.L. may assign the present Terms at any time to any third party without restriction.
The user may not assign his/her rights and obligations deriving from the present Terms.
- Governing law, conflicts and forum
10.1. Governing law
The Website and the present Terms are governed by the European Law and the Kingdom of Spain law.
10.2. Disputes – Forum
Prior to any referral to the court of first instance, the user undertakes to inform Film Factory Entertainment, S.L. to seek an amicable solution.
In the event of a failure of the amicable solution, the courts of Barcelona (Spain) have sole competence.