FILMZIE TERMS OF USE FOR NON-REGISTERED USERS

These Terms of Use (“Terms”) govern the relationship between the End-User and 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 (“Company”) in the event the User has not the Filmzie account registered (“User”).

Some of the digital content (movies, films, videos, series, documentaries and other programmes) and other Filmzie services (“Service” or “Services”) are available via the Filmzie website and/or Filmzie applications if the Users do not have a Filmzie account registered and/or are not logged in with their registered Filmzie account, therefore these specific Terms apply to the User the moment the User starts to access, stream and/or use any of the Services available via the Filmzie website (www.filmzie.com) and/or Filmzie mobile applications if the User does not have a registered Filmzie account.

The moment the User registers a Filmzie account via the Filmzie website (www.filmzie.com) and/or via the Filmzie applications, the relationship between the Company and the User is automatically governed solely by the terms for the registered Users (registered Users conclude a framework/general agreement with the Company).

Only the Users who are of age (in most countries it means a person who is at least 18 years old) are entitled to access, stream and/or use any of the Services, i.e. persons who are not of age (in most countries it means a person who is under the age of 18) must not access, stream and/or use any of the Services available at the Filmzie website and/or Filmzie applications. The User is obliged to prevent access to Services to persons who are not of age via the User’s device.

If the User does not agree with these Terms or any of its part, the User must not access, stream and/or use any of the Services. Usage of the Services is also governed by the Company’s Privacy Policy. These Terms represent the complete agreement concerning the access, stream and usage of the Services between the non-registered User and the Company and supersedes all prior agreements and representations between the non-registered User and the Company.

1. USE OF SERVICES

   Purpose of use: The User must not use any of the Services for any other purpose than the purposes explicitly stipulated in these Terms and/or for purposes other than the purpose for which the Services is designed. The User is entitled to use any of the Services for personal and non-commercial purposes only. The User is entitled to access, stream and/or use the Services solely on the devices which the User directly owns and/or controls. Granting the User the right to use the Services under these Terms will never result in transferring to the User any of the rights relating to the Services and/or to the digital content included in the Services.

   Third-party ads: The User hereby fully acknowledges and agrees that during the access, stream and/or use of the Services various ads, offers, commercials, promotions and other sponsored content for various products and services of third-parties may be displayed to the User via/in the Services. These ads, offers, commercials, promotions and other sponsored content will be selected solely by third-parties (ad providers) without any influence from the Company, therefore the Company does not hold any responsibility for any damages and/or harm caused by these ads, offers, commercials, promotions and other sponsored content displayed via/in the Services. If the User does not agree with the displayed ads, offers, commercials, promotions and other sponsored content via/in the Services, the User must stop accessing, streaming and using the Services.

   The User is also not permitted directly or through the use of any device, software, internet site, web-based service and/or other means to:

   • publicly display and/or provide Services to third parties;
   • amend or modify the Services, except to the extent permitted by mandatory law;
   • decompile or reverse engineer or attempt to extract or otherwise use the source code of the Services and/or of other software products of the Company;
   • merge the Services with any other content;
   • license the Services to third parties;
   • provide the access to Services to persons who do not meet the age restriction requirements;
   • commercially rent, lease, sell and/or by any other means commercially provide the Services to third parties,
   • remove, bypass, alter, avoid and/or circumvent any digital content protection or access control measure associated with the digital content including geo-filtering mechanisms.

   Rights not granted to the User: Any right not expressly granted to the User in these Terms remains the right of the Company or the respective rights holders.

   Access termination: The Company is entitled to immediately terminate the User’s access to the Services without prior notice if the User violates these Terms.

2. USER CONTENT

   User Content: If the User shares, uploads, submits and/or transmits any content (e.g. images, videos, sounds, texts, materials and other data and information) within or via the Services and the Services allow such share/upload/submit/transmit feature (“User Content”), the User warrants and represents that the sharing, uploading, submitting and transmitting of the User Content while accessing or using the Services is:

   • fully in accordance with these Terms;
   • not in violation of any laws, contractual restrictions or other third-party rights, and that the User has permission from any third-party whose personal information or intellectual property is comprised in the User Content;
   • free of viruses, adware, spyware, worms and/or other malicious code;
   • accurate and not confidential and/or misleading.

   License to the User Content: By sharing, uploading, submitting or transmitting the User Content within and/or via the Services, the User grants the Company a non-exclusive, sub-licensable, transferable, royalty-free and worldwide license to use, distribute, modify, run, copy, adapt, publicly perform or display, broadcast, transfer, lease, commercialize, sell, translate 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 Services, including marketing and promotions of the Services. 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 or changed in any manner.

   The Company does not claim any ownership rights to the User Content and nothing in these Terms is intended to restrict any rights that the User may have to use and exploit the User’s User Content. The Company has no obligation to monitor or enforce the User’s intellectual property rights in and/or to the User’s User Content.

   Modification of the User Content: 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 User is fully responsible for all User Content the User shares, uploads, submits and/or transmits within or via the 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 or transmitted within and/or via the Services.

   Monitoring of the User Content: The User acknowledges that the Company will not screen or monitor and is even unable to screen or monitor every User Content. By using the Service the User may be exposed to User Content that is offensive, indecent or otherwise not in line with the User’s expectations. Using the Services is exclusively at the User’s own risk.

3. RULES OF CONDUCT

   When the User access’s and/or uses any of the Services, the User must not:

   • disrupt, interfere with or otherwise adversely affect the normal functioning of the Services or otherwise act in a manner that may negatively affect other users' experience when using the Services; this also involves win trading and any other kind of manipulation of rankings, taking advantage of errors in the Services to gain an unfair edge over other users and any other act that intentionally abuses or goes against the design of the Services;
   • use any cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Services;
   • change or remove the copyright notices from the Services;
   • violate any law, rule or regulation;
   • post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
   • harass, embarrass, threaten, spam, bully or act in other manner against another user that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage;
   • use hate speech;
   • publish, post, upload or distribute any User Content that is illegal or that the User does not have permission to freely distribute;
   • impersonate another person or falsely imply that the User is an employee and/or representative of the Company;
   • use the Services to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations;
   • misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
   • 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 Services, the Company’s servers, attempt to gain unauthorised access to the Services and/or to the accounts of other users;
   • make available via the Services 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;
   • use, upload and/or process any personal data of another user in contrary to applicable law;
   • modify, remove, alter and/or in any other manner manipulate any security, encryption, and/or other technology or software which is part of the Services;
   • promote, encourage or take part in any prohibited activity described above.

4. APPLICATIONS AND USER LICENSE

   Applications use/purpose: The User is entitled to download via the respective distribution platforms (e.g. Apple AppStore, Amazon AppStore, BlackBerry World, Google Play, FireFox Marketplace, Ovi, Samsung Galaxy Apps Ubuntu Software Center, Windows Store, LG Smart TV Apps, Samsung Smart TV Apps, Apple TV, Android TV, Amazon Fire, social networking services like Facebook, Google+ etc.) (“Distribution Platforms”) the Filmzie mobile, TV and other applications (“Applications”) to access, stream and/or use the Services provided via these Applications. The User is entitled to use the Applications only under the terms and conditions stipulated in these Terms.

   Using and installing the Applications: Before accessing, installing or using any of the Applications by the User, the User must agree with these Terms and the Company’s Privacy Policy. If the User does not agree with these Terms or any of its part, the User is not entitled to access, install and/or use any of the Applications. If the User accesses, installs and/or uses any of the Applications via the Distribution Platforms or any other platform, the User must comply with the terms and conditions of these Distribution Platforms and other platforms as well. The Distribution Platforms and other platforms providers are not obliged to provide any maintenance and support services related to the Applications. If the Company issues any specific terms and conditions or policies for a specific Application, the User must also comply with these specific terms and conditions and policies and these Terms to access, install and/or use this specific Application.

   License to use the Applications: All the Applications are licensed to the User, not sold. The Applications are protected by copyright, trademark and/or other applicable laws. The Company grants the User a personal, non-transferable, non-sublicensable, limited, revocable and non-exclusive license to access and use the Applications for the User’s personal and non-commercial use pursuant to the terms and conditions stipulated in these Terms. The User must not use any of the Applications for any other purpose than the purposes explicitly stipulated in these Terms. The User is entitled to access, install and use the Applications solely on devices which the User directly owns and/or controls. Granting the license under these Terms to the User and/or delivering/providing the User the Applications will never result in transferring any of the rights to the User relating to the Applications and/or to the Digital Content and the Supplemental Content included in the Applications.

   Other limitations: The User is also not permitted to:

   • publicly display and/or provide the Applications to third parties;
   • remove, alter and/or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in the Applications and the Services;
   • amend or modify the Applications, except to the extent permitted by mandatory law;
   • decompile or reverse engineer or attempt to extract or otherwise use the source code of the Applications and/or of other software products of the Company;
   • merge the Applications with any other content;
   • sublicense the Applications to third parties;
   • provide the access to Applications to persons who do not meet the age restriction requirements;
   • commercially rent, lease, sell and/or by any other means commercially provide the Applications to third parties.

5. INTELLECTUAL PROPERTY

   All rights to documentation, texts, design, graphics, images, animations, photos, music, sounds, characters, objects, stories, art-work, moral rights, transcripts, game-play mechanics, videos, data, logos, codes, information and other content which are part of the Services and/or displayed via/in the Services are the intellectual property of the Company and/or exclusively controlled by the Company and/or by third parties (Company’s partners), unless otherwise explicitly stipulated. The User is entitled to use this content only under the explicit terms and conditions stipulated in these Terms. The User is not entitled to reproduce, copy and/or provide this content to third parties.

6. HARDWARE REQUIREMENTS

   The Company is not responsible for any inconvenience, interruptions and/or limitations during the usage of the Services if:

   • the User uses unsupported device; or
   • 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 applications in relation to specific digital content and/or Service; or
   • the User uses unsupported operating system and/or operating system which is not up-to-date; or
   • the Company performs the maintenance of the Services; or
   • the User uses unsupported browser and/or browser which is not up-to-date; or
   • the User connects via inadequate internet connection speed and/or internet connection bandwidth.

   Quality of digital content: The quality of the digital content (mainly the movies, films and videos) streamed/provided via the Services may vary from device to device and can be affected by many factors (e.g. internet connection speed, bandwidth, location). This 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:

   • for SD quality: at least 0.5 Mbps per stream;
   • for HD quality: at least 5.0 Mbps per stream;
   • for Ultra HD and HDR quality: at least 25.0 Mbps per stream.

7. DATA PROCESSING

   Blockchain: The User acknowledges and fully agrees that all the information on financial transactions related to the paid Services, and these Terms, mainly the information on the financial transactions and fees related to the paid digital content streamed/provided via the Services, may be stored – uploaded to public blockchain for an indefinite period of time. Any termination and/or expiration of these Terms does not affect this clause of these Terms, i.e. this clause of these Terms remains fully valid after these Terms are terminated and/or expired.

   Statistical and analytical data: The User acknowledges and fully agrees that all the statistical and analytical information and data collected from the User’s access/usage of the Services may be processed, analysed and provided to the authors, producers and/or studios of the digital content – mainly of the movies, films and videos (e.g. how many times the User clicked, viewed, watched, used and/or streamed the specific digital content, 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

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

9. APPLICABLE LAW AND DISPUTE RESOLUTION

   Applicable law: These Terms 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.

   Jurisdiction: The Slovak courts have the exclusive competence to resolve the disputes arising in relation to these Terms 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.

   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/

   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

    Services provided by the Company under these Terms are based on a software which is not error free and the Company does not guarantee a nonstop functionality and unlimited access to all Services.

    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 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.

    The Company will not be liable for any special, incidental or consequential damages resulting from access, use or malfunction of the 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 and/or the 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. 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 Services and/or support for these Services.

    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.

    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.

    User must indemnify and hold the Company 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

    The failure of the Company to require or enforce strict performance by the User of any provision of these Terms or failure to exercise any right under these Terms 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.

    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.

    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 the Company.

12. TERMS UPDATE

    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 Services, which is why the Company may also update these Terms. Unless otherwise will be required by the applicable law, if the User continues to access, stream and/or use the Services, the User agrees with the entire updated wording of these Terms including the latest amendments. If the User does not agree to be bound by the amendments/changes to the Terms, the User must not use the Services.

13. FINAL PROVISIONS

    Changes/amendments: All changes/amendments to these Terms 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.

    Severability clause: 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.

14. SUPPORT, COMMUNICATION AND COMPLAINTS

    The Company does everything to bring the User the best experience by using the 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.

    In the event of a breach of the Company’s warranties related to the paid Services or in the event the paid Services do not comply with these Terms, the User has the right that the respective paid 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 paid Services which cannot be clearly corrected, the User is entitled to withdraw from the agreement/contract.

    If the User files a claim or complaint to the paid Services, the Company will settle the claim/complaint within the thirty (30) day period from the date the claim or complaint was filed.

Filmzie contact details: