Terms of use

1. DEFINITIONS

   The words and definitions written in these Terms with a large initial letter have the following meaning unless the context does not imply other meaning:

   1. “Account” means the online account registered by the User via the Filmzie website or Filmzie mobile applications;
   2. “Ad Provider” means a third party (advertiser) which has a contractual relationship with the Company and provides various forms of advertisements/commercials/promotions within the Digital Content designated to provide to the Users by the means of AVOD;
   3. “AVOD“ means an advertising-based VOD service which provides specified Digital Content to the Users for free and the Digital Content contains ads selected by the Ad Providers;
   4. “Company” means the company Filmzie, a.s., with its registered seat at Staromestská 3, 811 08 Bratislava, Slovak Republic, ID number: 50 977 661, registered at the Business Register of the District Court Bratislava I, File: Sa, Insert No.: 6619/B, which is the developer and operator of the project Filmzie (including the Filmzie websites and Filmzie mobile applications) and provider of the Filmzie services;
   5. “Consumer” means any natural person who is acting for the purposes which are outside his trade, business, craft or profession;
   6. “Digital Content” means the movies (films), videos, series, documentaries and other programs provided to the User via the Filmzie website and/or Filmzie mobile applications for a limited duration of time;
   7. “General Agreement” means the binding general framework agreement concluded by and between the Company and the User pursuant to article 2 of these Terms;
   8. “Portability Regulation” means the regulation (EU) 2017/1128 of the European Parliament and of the Council as of 14 June 2017 on cross-border portability of online content services in the internal market;
   9. “SA” means the (service) agreement on providing the access to Digital Content which is concluded by and between the Company and the User under the General agreement, these Terms and pursuant to article 3 of these Terms;
   10. “Supplemental Content” means all other content other than the Digital Content that is part of the Filmzie website and/or Filmzie mobile applications or other content displayed/provided by the Filmzie website and/or Filmzie mobile applications (e.g. cover/poster photos, texts, descriptions, trailers, samples, illustrations, design);
   11. “Terms” means these end User customer terms of use which are an integral part of the General Agreement;
   12. “TVOD“ means a transactional VOD service whereas a charge(s) is levied on a per programme/viewing basis;
   13. “User” means the end customer/user who is of age (in most countries it means a person who is at least 18 years old);
   14. “User Content” means any posts and/or content (e.g. images, videos, sounds, texts, materials and other data and information) shared, uploaded, submitted and/or transmitted via the Filmzie services by the User.
   15. “VOD“ means the point to point transmission of Digital Content by way of downloading and/or streaming at the instigation of and/or at a time scheduled solely by the User, and not from a selection of viewing times pre-established or pre-scheduled by the service provider (Company), for reception on User’s device.

2. ACCOUNT REGISTRATION AND GENERAL AGREEMENT

   1. Scope of these Terms: These Terms stipulate the terms and conditions for using the Filmzie services provided by the Company via the Filmzie website and mobile applications.
   2. Account registration: To be able to use the Filmzie services, User must register an Account. User who is of age (in most countries it means a person who is at least 18 years old) is entitled to register an Account via the Filmzie website and/or Filmzie mobile applications. The User must completely, truthfully and correctly enter all his data and complete the age verification process via the Filmzie registration form (if applied) and/or other data if requested by the Filmzie interface. The User will be notified via a confirmation email that his Account was registered successfully. User is not entitled to register an Account, if:
      1. the Company disabled or deleted the User’s previous Account for violations of the Company’s terms and/or policies;
      2. the User is not entitled/allowed to register the Account under applicable laws and/or under the decision of the respective state authority.
      3. User is not of age.
   3. Moment of the conclusion of the General Agreement: The moment User registers his Account via the Filmzie website or Filmzie mobile applications pursuant to clause 2.2 of these Terms, a General Agreement is concluded between the Company and the User and these Terms form an integral part of the General Agreement. By creating the account pursuant to clause 2.2 of these Terms, User accepts these Terms in its entirety and are binding upon the User in full from the moment the General Agreement is concluded. If the User does not agree with these Terms or its part, User is not entitled to use any of the Filmzie services, website and mobile applications.
   4. Scope of the General Agreement: These Terms are an integral part of the General Agreement and under the General Agreement:
      1. the individual SA’s are concluded by and between the Company and the User pursuant to articles 3 and 4 of these Terms;
      2. the User is entitled to use Filmzie social network services stipulated in article 5 of these Terms.
   5. Data update and rectification: User must ensure that all his data (all personal and non-personal data) is continually updated and corrected. User can update and correct his data via the Filmzie Account settings after the User logs in. User is solely and fully responsible that all his data (all personal and non-personal data) is all the time truthful, correct and complete. User must without undue delay indemnify the Company for any damages and/or costs caused to the Company by the incorrect and/or incomplete data provided by the User. User also acknowledges and agrees that the Company is entitled to obtain information to verify the User’s member state of residence pursuant to the Portability Regulation, if the Portability Regulation is applicable. If the User does not provide the Company with the information and cooperation request by the Company pursuant to the Portability Regulation and without this information and cooperation the Company is unable to verify the User’s member state of residence pursuant to the Portability Regulation, the User is not entitled to use the Digital Content across border pursuant to the Portability Regulation.
   6. Duration of the General Agreement: The General Agreement is concluded for an indefinite period of time and can be terminated at any time without giving any reason. User is entitled to terminate the General Agreement with immediate effect at any time without giving any reason by deleting his Account or withdrawing from the General Agreement pursuant to article 12 of these Terms. The Company is entitled to terminate the General Agreement at any time without giving any reason with a ten (10) day notice period.
   7. Account and rights transfer: The Account is non-transferable and without the prior Company’s consent the User is not entitled to transfer any rights and/or obligations related to the Account, these Terms, General Agreement and all SA’s.
   8. Account access by third parties: The User is not entitled to grant access to the Account to third parties and the User is obliged to take all necessary measures to prevent the access to the User’s Account by third parties. The User must change the Account password regularly (at least every three months). The Company is entitled at any time to require the User to immediately change the password. The Company does not hold any responsibility for the loss of the password to the Account by the User or for the loss or deletion of the User’s Account cause by the User and/or third party.
   9. Accessing the Filmzie services by under aged persons: User is obliged to prevent access to his Account, Digital Content and to the Filmzie services to persons who are not of age (in most countries it means persons who are not at least 18 years old).
   10. Account ownership: User acknowledges and agrees that the User does not own the Account, the Account is only a means to gain access to the Digital Content and Filmzie services.
   11. Right of withdrawal for Consumers: User acknowledges and agrees to all the information relating to the right of withdrawal specified in clauses 12.1, 12.2 a 12.3 of these Terms. User also grants the consent to begin the performance of the services under these Terms and General Agreement pursuant to clause 12.4 of these Terms from the date the General Agreement is concluded.
   12. Access from other platforms: If the User accesses and/or uses any of the Filmzie services via another platform or social networking site (for example Facebook or Google+), the User must comply with the terms and conditions of these platforms and sites and with these Terms.

3. AGREEMENT ON PROVIDING THE ACCESS TO DIGITAL CONTENT

   1. Scope of the SA: The individual SA is concluded under the General Agreement and these Terms and stipulates the contractual relationship between the Company and the User on provision of the service – granting the access to the individual TVOD Digital Content and/or AVOD Digital Content. For every individual TVOD Digital Content and AVOD Digital Content, an individual SA is concluded by and between the Company and the User.
   2. Moment of the conclusion of the SA and its scope: After the User via the Filmzie website and/or Filmzie mobile application requests for an access to an individual Digital Content, an individual SA is concluded by and between the Company and the User is entitled to access the requested individual Digital Content (which is the subject of the individual SA), whereas the SA conditions to access the Digital Content depends on the streaming type (TVOD/AVOD).
   3. TVOD Digital Content: If the User requests to access the TVOD Digital Content, the User is entitled to access the TVOD Digital Content for a limited duration of time under the following terms and conditions:
      1. the User is entitled to access, play and download the TVOD Digital Content for private purposes only and only under these Terms;
      2. User must pay the fee pursuant to article 4 of these Terms;
      3. the User is entitled to play back online the individual TVOD Digital Content within thirty (30) days from the date the individual SA is concluded;
      4. if the option is allowed, the User is entitled to download the individual TVOD Digital Content on a Device and only via the Filmzie mobile applications within thirty (30) days from the date the individual SA is concluded and play back offline within the stated period of thirty (30) days from the date the individual SA is concluded;
      5. after the first play back of the individual TVOD Digital Content, the User is entitled to play the individual TVOD Digital Content for unlimited times within the forty-eight (48) hours from the first play back;
      6. the User is not entitled to play, download or use the individual TVOD Digital Content after the shortest period stipulated in clauses 3.3.3 to 3.3.5 of these Terms expires;
      7. the User must comply with these Terms.
      8. the SA is concluded for a definite period of time, i.e. for the periods stipulated in clauses 3.3.3 to 3.3.5 of these Terms.
   4. AVOD Digital Content: If the User requests to access the AVOD Digital Content, the User is entitled to access the TVOD Digital Content for a limited duration of time under the following terms and conditions:
      1. the User is entitled to access, play and download the AVOD Digital Content for private purposes only and only under these Terms;
      2. the AVOD Digital Content is accessed for free (without any charges);
      3. the User must comply with these Terms;
      4. the SA is concluded for a definite period of time, i.e. until the User closes the web browser, website player which plays the AVOD Digital Content and/or by other means closes/finishes the access to the requested AVOD Digital Content.
   5. AVOD Digital Content ads: The User fully acknowledges and agrees that every AVOD Digital Content will play, contain and/or display randomly and/or at specified intervals during its play back various advertisements/commercials/promotions selected solely by the respective Ad Provider and the Company does not hold any responsibility for these advertisements/commercials/promotions and/or for the selection of these advertisements/commercials/promotions. The intellectual property rights and other rights associated to these advertisement/commercials/promotions and its contents are subject to third party rights and the User is only entitled to view them for private purposes only during the AVOD Digital Content play back.
   6. Geo-blocking: User acknowledges and agrees that specific Digital Content may be subject to territorial restrictions and not available in the User’s country or region, therefore the Company is entitled to prevent access to this Digital Content mainly via the geo-blocking. User is not entitled to circumvent these territorial restrictions by any means. Territorial restrictions are subject to change.
   7. Right of withdrawal for Consumers: User acknowledges and agrees to all the information relating to the right of withdrawal specified in clauses 12.1, 12.2 a 12.3 of these Terms. User also grants the consent to begin the performance of the services (Digital Content) under the individual SA pursuant to clauses 12.4 and 12.5 of these Terms from the date the individual SA is concluded.

4. FEES FOR THE DIGITAL CONTENT

   1. Fees for the Digital Content: The User is obliged to pay the Company all the fees for providing the (service) access to individual TVOD Digital Content requested by the User and the respective fee is due on the date the TVOD Digital Content is accessed to the User. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and the User does not delete his Account, the Company is entitled to block the User’s Account until the Company receives the respective fee in full. The Company is not obliged to provide a refund for any reason and the User will not receive money and/or other compensation for unaccessed TVOD Digital Content when the Account is disabled or deleted, whether the disable/delete was voluntary or involuntary.
   2. Other costs: Fees does not cover any costs levied on the User by third parties for using the Filmzie services under these Terms, General Agreement, and all the SA’s, costs levied on the User by third parties for using the internet connection and/or costs levied on the User under applicable law; all these costs are borne solely by the User and the Company will not compensate or reimburse any of these costs to the User.
   3. Payment method(s): The User must pay all the fees solely by using the payment means and/or portals supported/authorized by the Filmzie websites and/or Filmzie mobile applications. The Company is not responsible for the applicable exchange rate and/or for other charges applied by the bank or by the payment provider.

5. FILMZIE SOCIAL NETWORK SERVICES

   1. Under the General Agreement the User is via his Account entitled to use the social network services incorporated in the Filmzie website and Filmzie mobile applications.
   2. Social network scope: The Filmzie social network services provides the User with options mainly to rate and recommend the Digital Content, enter interaction groups, or to create these groups, mainly for the purpose of discussing their most popular Digital Content or other content. User is further able to follow other users, to recommend the Digital Content or other content and to review them in text, and to receive new information and news on the User’s personal wall.
   3. User Content: By using the Filmzie social network services the User is able to upload and share User Content, whereas the User must not use the Filmzie social network services to:
      1. share or upload any posts or content that violates these Terms, General Agreement, SA or applicable laws;
      2. share and/or upload any posts or content that is discriminatory, fraudulent, unlawful or misleading;
      3. infringe or threaten the rights of third parties;
      4. promote and/or condone extremism, terrorism, hate speech, harassment, bullying, threats and/or violence;
      5. upload and/or share content that exploits and/or abuses children;
      6. send and/or disseminate spam;
      7. promote sexually explicit and/or pornography content;
      8. disassemble any software and/or other products or processes accessible via the Filmzie services;
      9. data mining, data gathering and/or extraction method;
      10. upload and/or disseminate viruses, malicious codes and/or any other content that has the ability to disable, overburden or limit the proper working of the Filmzie social network services.
      11. make available any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity;
      12. use, upload and/or process any personal data of another user and/or person in contrary to applicable law;
      13. impersonate another person or falsely imply that the User is an employee and/or representative of the Company;
      14. promote, encourage or take part in any prohibited activity described above.
   4. Other software to access Filmzie services: User must not use any scraper, spider, robot, and/or other automated means to access the Filmzie services.
   5. Unauthorized changes: User must not modify, remove, alter and/or in any other manner manipulate any security, encryption, and/or other technology or software which is part of the Filmzie services.
   6. Intellectual property: If the User shares, uploads, submits and/or transmits any User Content via the Filmzie services which is covered by the intellectual property rights, the User grants the Company a non-exclusive, sub-licensable, transferable, royalty-free and worldwide license to use, distribute, modify, run, copy, sell, adapt, translate, publicly perform/display and/or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way the User Content as well as all modified and derivative works thereof in connection with the provision of the Filmzie services, including marketing and promotions of the Filmzie services. User also grants to the Company the unconditional, irrevocable right to use and exploit his/her name, likeness and any other information and/or material included in any User Content and in connection with any User Content, without any obligation to the User. Except as prohibited by law, the User waives any rights of attribution and/or any moral rights the User may have in the User Content, regardless of whether the User Content is altered and/or changed in any manner. The User acknowledges and agrees that after the User disables or deletes his Account, the User Content will continue to be used or displayed by others if the User shared this User Content with others. The license granted by the User to the Company under this clause is fully valid and effective even after these Terms and/or General Agreement are terminated and/or expired.
   7. Commercial content: Ads, offers and other sponsored content for various products and services can be displayed to the user via Filmzie website and/or Filmzie mobile applications.
   8. Removal of User’s posts/content: The User is fully responsible for all User Content the User shares, uploads, submits and/or transmits within or via the Filmzie services and the User must without undue delay indemnify the Company for any damages and/or costs caused to the Company by the User Content the User shared, uploaded, submitted and/or transmitted within and/or via the Filmzie services. The Company is entitled to modify, edit, change, monitor, disable and/or delete any User Content without prior notice for any reason and at any time. The Company is entitled to immediately and without prior notice remove any Users’ posts and/or content that violates these Terms, applicable law and/or Company’s policies.
   9. Monitoring and screening of User Content: User acknowledges that the Company is unable to screen or monitor every User Content. By using the Filmzie services the User acknowledges that the User may be exposed to User Content that is offensive, indecent or otherwise not in line with the User’s expectations. Using the Filmzie services is exclusively at the User’s own risk. User agrees that by the sole discretion of the Company, representatives, employees and/or technology/software of the Company may monitor, screen and/or record the User’s activities within the Filmzie services and/or all the User’s communications the User performs within and via the Filmzie services; by entering into these Terms the User hereby grants the Company the irrevocable consent to such monitoring, screening and recording.
   10. Remuneration: Filmzie social network services stipulated in this article of these Terms are provided to the User free of charge.

6. HARDWARE REQUIREMENTS

   1. The Company is not responsible for any inconvenience, interruptions and/or limitations during the usage of the Filmzie services if:
      1. the User uses unsupported device; or
      2. User’s device does not meet the technical requirements stipulated in these Terms and/or the technical requirements stipulated at the Filmzie website and/or Filmzie mobile applications in relation to specific Digital Content; or
      3. the User uses unsupported operating system and/or operating system which is not up-to-date; or
      4. the Company performs the maintenance of the Filmzie services; or
      5. the User uses unsupported browser and/or browser which is not up-to-date; or
      6. the User connects via inadequate internet connection speed and/or internet connection bandwidth.
   2. Quality of Digital Content: The quality of the Digital Content may vary from device to device and can be affected by many factors (e.g. internet connection speed, bandwidth, location). The Digital Content is not available in all formats and quality (HD, Ultra HD, HDR) and the default play back on cellular network might not support HD, Ultra HD and HDR Digital Content. Recommended internet connection speed for various Digital Content is as follows:
      1. for SD quality: at least 0.5 Mbps per stream;
      2. for HD quality: at least 5.0 Mbps per stream;
      3. for Ultra HD and HDR quality: at least 25.0 Mbps per stream.

7. OTHER TERMS AND CONDITIONS

   1. Third party rights: The User acknowledges that the Digital Content and Supplemental Content are subject to third party rights and the User is not entitled to use or provide this content in a manner other than expressly specified in these Terms, User is not entitled to use or provide them contrary to the applicable laws and/or contrary to the rights expressly granted to the User pursuant to these Terms, General Agreement and/or individual SA.
   2. The User is also not entitled to:
      1. publicly display and/or provide Digital Content and Supplemental Content to third parties;
      2. amend or modify the Digital Content and Supplemental Content;
      3. merge the Digital Content or Supplemental Content with any other content;
      4. provide the access to Digital Content and Supplemental Content to persons who do not meet the age restriction requirements;
      5. commercially rent, lease, sell and/or by any other means commercially provide the Filmzie services, Digital Content and Supplemental Content to third parties;
      6. change or remove the copyright notices from the Digital Content and Supplemental Content.
   3. Disable, delete or block the Account: The Company is entitled to immediately and without prior notice disable or delete Users’ Account if the User violates these Terms. User acknowledges and agrees that the Company will disable or delete User’s Account if the Company will be required to disable or delete the User’s Account by the applicable law and/or the decision of the respective state authority. The Company is entitled to immediately block the User’s Account if the Company and/or its partners identify fraudulent activity or theft.
   4. If the User or the Company disables or deletes the User’s Account pursuant to these Terms, the General Agreement and all SA’s concluded by and between the User and the Company are terminated in full on the date the Account is disabled/deleted. For the identical reasons stipulated in this clause of these Terms the Company is entitled to block the Account, which does not constitute the termination of the General Agreement and SA’s concluded by and between the User and the Company, but temporarily prevents the User fully or partly to use/access any of the Filmzie services under these Terms, the General Agreement, all SA’s and/or any of the Digital Content and Supplemental Content. In the event the Company blocks the Account pursuant to the previous sentence and/or under these Terms, the User is not entitled to any reimbursement or refund of costs, damages and/or loss of profit.
   5. Changes to the Digital Content: The User acknowledges and agrees that the Company is entitled to perform any changes to the Digital Content provided by the Filmzie services.
   6. Blockchain: User acknowledges and agrees that all the information on financial transactions related to the Filmzie services, these Terms, General Agreement and all the SA’s, mainly the information on the financial transactions and fees related to the Digital Content, may be stored – uploaded to public blockchain for an indefinite period of time. Any termination and/or expiration of these Terms, the General Agreement and/or individual SA’s, does not affect this clause of these Terms, i.e. this clause of these Terms remains fully valid after these Terms, the General Agreement and/or individual SA’s are terminated and/or expired.
   7. Statistical and analytical data: User acknowledges and agrees that all the statistical and analytical information and data collected from the User’s Account and from all the User’s posts, content and/or other interaction performed/uploaded/shared by the User within the Filmzie social network will be processed, analysed and provided to the authors, producers and/or studios of the Digital Content (e.g. how many times the User clicked on the specific Digital Content and purchased it, how is the Digital Content rated and reviewed by the User); before the information and data is provided to the authors, producers and/or studios of the Digital Content, the Company will anonymize this information and data in such a manner that the User is no longer identifiable.

8. AGREEMENT AND COMMUNICATION LANGUAGE

   1. For the purposes of exercising the User’s and Company’s rights and obligations under these Terms, General Agreement and all SA’s and for the purposes of any other communication related to these Terms, General Agreement and all SA’s between the User and the Company, only the English, Slovak and/or Czech language can be applied.

9. APPLICABLE LAW AND DISPUTE RESOLUTION

   1. Applicable law: These Terms, General Agreement, all SA’s and all legal relationships established between the User and the Company must be governed and construed in accordance with the Slovak Civil Code (act No.: 40/1964 Coll.) and other laws of the Slovak Republic. The UN Sales Convention (CISG) does not apply. If the jurisdiction of the User’s domicile prohibits the Company from enforcing this governing law clause, nothing in these Terms limits the User’s rights based on the laws governing the User’s domicile.
   2. Jurisdiction: The Slovak courts have the exclusive competence to resolve the disputes arising in relation to these Terms, General Agreement, all SA’s and all legal relationships established between the User and the Company. The jurisdiction selection stipulated in the preceding sentence does not apply to Consumers, if mandatory law stipulates other jurisdiction for Consumer contracts/agreements and if the jurisdiction cannot be changed by an agreement.
   3. European online dispute resolution (EU): User acknowledges that if the User is a Consumer resident in the European Union, he can use an online (alternative) dispute resolution platform established by the European Commission to settle disputes about online purchases – without going to court. This online dispute resolution platform is available at the following link: http://ec.europa.eu/consumers/odr/
   4. Slovak alternative dispute resolution: The User acknowledges that if the User is a consumer resident in the European Union, the User has the right to initiate an alternative dispute resolution procedure at alternative dispute resolution entity. The list of Slovak alternative dispute resolution entities competent for the alternative dispute resolution procedure is available at the following link: https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1

10. LIABILITY

    1. Filmzie services provided by the Company under these Terms, General Agreement and all SA’s are based on a software which is not error free and the Company does not guarantee a nonstop functionality and unlimited access to all Filmzie services.
    2. The Company does not make, and hereby disclaims any and all express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, accuracy of data (including, but not limited to, location data), merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third-party rights, and warranties (if any) arising in the course of dealing, usage, or trade practices. To the fullest extent permissible under applicable law, the Digital Content and other Filmzie services are provided to the User “AS IS,” without any warranty, assurances or guarantees of any kind. No oral or written advice provided by the Company, its employees or other representatives constitute a warranty.
    3. The Company will not be liable for any special, incidental or consequential damages resulting from access, use or malfunction of the Digital Content and other Filmzie services, including but not limited to, damages to property, loss of goodwill, device failure or malfunction and, to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of and/or related to these Terms, General Agreement, all the SA’s and/or the Digital Content and other Filmzie services, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not the Company has been advised of the possibility of such damages. By disabling or deleting the User’s account pursuant to these Terms, the User has no claim for damages, loss of profit and/or other compensation resulting from this event. The User also has no claim for damages, loss of profit and/or other compensation if the Company exercises the right to cancel or terminate the provision of the Digital Content, other Filmzie services and/or support for these services.
    4. Some jurisdictions do not allow disclaimers or limitations such as those stipulated above; thus, the above terms may not apply to the User. Instead, in such jurisdictions, the above stipulated disclaimers and limitations will only apply to the extent permitted by the laws of such jurisdictions. Moreover, the User may have additional legal rights in the User’s jurisdiction, and nothing in these Terms shall infringe upon the statutory rights that the User may have as a consumer of the services.
    5. The Company will not be liable for any delay or failure to perform resulting from causes outside the reasonable control of the Company, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond the Company’s control such as acts of god, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour or materials.
    6. User must indemnify and hold Licensee harmless from and against justified third party actions, claims, damages and costs (including reasonable attorney’s fees) arising out of a breach of User’s warranties and obligations stipulated in these Terms.

11. NO WAIVER

    1. The failure of the Company to require or enforce strict performance by the User of any provision of these Terms, General Agreement and/or the individual SA or failure to exercise any right under these Terms, General Agreement and/or the individual SA will not be construed as a waiver or relinquishment of the Company’s right to assert or rely upon any such provision or right in that or any other instance.
    2. The express waiver by the Company of any provision, condition, or requirement of these Terms will not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
    3. Except as expressly and specifically stipulated in these Terms, no representations, statements, consents, waivers, or other acts or omissions by the Company will be deemed a modification of these Terms, nor legally binding, unless documented in physical writing, hand signed by the User and by a duly appointed representative of our Company.

12. RIGHT OF WITHDRAWAL FOR CONSUMERS

    1. User has a right of withdrawal stipulated in the event the User is a Consumer. All the information on the User’s right of withdrawal and the model withdrawal form can also be found at Right of Withdrawal.
    2. Pursuant to the applicable law these Terms, General Agreement and all SA’s are distance contracts concluded by and between the User as a Consumer and the Company exclusively by means of distance communication without the simultaneous physical presence of the representatives of the Company and User as the Consumer. If the User is a Consumer the User has the right to withdraw from the distance contract within fourteen (14) days without giving any reason. The withdrawal period will expire after fourteen (14) days from the day of the conclusion of the distance contract. To exercise the right of withdrawal, the User must inform the Company of his decision to withdraw from the distance contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). To meet the withdrawal deadline, it is sufficient for the User to send his communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
    3. User acknowledges that his right of withdrawal specified in clause 12.2 of these Terms will expire in the event if the performance of the Service(s) has begun with the User’s prior express consent prior to the expiration of the withdrawal period specified in clause 12.2 of these Terms.
    4. The User hereby grants the Company the express consent to begin the performance of the services under these Terms and General Agreement as the distant contracts prior to the expiration of withdrawal period specified in clause 12.2 of these Terms and the User hereby confirms that he has been duly informed about the loss of the right to withdraw from these Terms and General Agreement as the distant contracts by granting this consent.
    5. User’s consent given and information provided pursuant to the clause 12.4 of these Terms also apply to all SA’s and the respective Digital Content accessed under the SA’s.

13. TERMS UPDATE

    1. The Company is entitled to unilaterally update these Terms occasionally in response to changing legal, technical or business developments. The Company intends to regularly improve and optimise the Filmzie services, which is why the Company may also update these Terms. Unless otherwise will be required by the applicable law, the Company will notify the User of any amendments to these Terms at least fifteen (15) days before these amendments to these Terms become effective. If the User does not perform any reservations or objections to these amendments within the stated fifteen (15) days period, these amendments are considered to have been accepted by the User and the User is legally bound by these amendments. If the User continues to use/accesses the Filmzie services and/or the Digital Content and these Terms amendments apply/relate to Filmzie services and/or Digital Content the User continues to use/access, the User agrees with these Terms amendments in full by continuing to use/access these Filmzie services and/or the Digital Content.

14. FINAL PROVISIONS

    1. Changes/amendments: All changes/amendments to these Terms, General Agreement and/or to all the SA’s must be executed in a written form and agreed by the User and the Company, unless otherwise stipulated in these Terms. There are no side contractual agreements in addition to the contractual agreements stipulated in these Terms.
    2. Offsetting: The Company and the User are not entitled unilaterally exercise their offsetting rights to offset their counterclaims.
    3. If any provision of these Terms shall be wholly or partially invalid, unlawful, void or unforceable, such provision will, to the extent required, be severed from these Terms and rendered ineffective without invalidating the remaining provisions of these Terms and will not in any way affect any other circumstances or the validity or enforcement of these Terms.

15. SUPPORT, COMMUNICATION AND COMPLAINTS

    1. The Company does everything to bring the User the best experience by using the Filmzie services. If the User has any questions, suggestions, complaints, claims or needs a support, the User can contact the Company using the contact details below.
    2. In the event of a breach of the Company’s warranties or in the event the Digital Content and/or other Filmzie services do not comply with these Terms, the User has the right that the respective service is corrected without undue delay of the defects or errors free of charge pursuant to these Terms. If there is a defect or error of the Digital Content and/or the Filmzie services which cannot be clearly corrected, you are entitled to withdraw from the agreement/contract.
    3. If the User files a claim or complaint, the Company will settle the claim/complaint within the thirty (30) day period from the date the claim or complaint was filed.

16. COMPANY’S CONTACT DETAILS

    Business name: Filmzie, a.s.

    Registered seat: Staromestská 3, 811 03 Bratislava, Slovak Republic

    ID number: 50 977 661

    Email: contact@filmzie.com

    Telephone number: +421 948 231 133