Terms of Service
1. OUR AGREEMENT
1. 2. You should keep a copy of these Terms for your future reference. We will not file a copy of these Terms in respect of our agreement with you.
1.3. We may change these Terms at any time by giving you notice by email or by publishing the modified Terms on the Site. It is your responsibility to review these Terms (as amended by us from time to time). If any amendment to these Terms is unacceptable to you, you should cease using the Site. If you continue using the Site following notification of the modified Terms, you will be deemed to have accepted and will be bound by the modified Terms.
2. GENERAL INFORMATION ABOUT US
2.1. The Site is provided by Movielocker SA ("Movielocker"), a company registered in Bancourt, Switzerland .
2.2. If you have any feedback, questions, complaints or comments about the Site then please contact us at email@example.com
3. SYSTEM REQUIREMENTS
It is your responsibility to ensure that you are able to comply with the relevant system requirements that must be met for you to be able to successfully access the. We accept no responsibility for any lack of functionality of the Site that is due to your equipment (including, but not limited to, your computer, internet connection, operating system or settings and software).
4. YOUR PROMISES TO US
4.1. You confirm that:
a) You are of legal age to form a binding contract with us in the country in which you reside, or are 13 years of age or older and possess legal parental or guardian consent, where your legal parent/guardian is fully able and competent to enter into these Terms, and abide by and comply with these Terms;
b) All information and details provided by you or your parent/guardian to us (including on Registration) are true, accurate and up to date in all respects and at all times, including but not limited to your email address;
c) You will comply with the restrictions on your use of the Site as set out in these Terms;
d) Your use of the the Site does not violate any applicable law or regulation; and
e) In relation to any Contribution submitted to or posted on the Site by you, that you have the right to do so and have obtained all necessary licences and/or approvals.
4.2. You agree to defend, indemnify and hold harmless us and our directors, officers, employees, agents, representatives, affiliates, parents, subsidiaries, licensors, suppliers, service providers and other contractors (collectively, "Indemnified Parties") from and against any and all claims, actions, demands, causes of action and other proceedings ("Claims") arising out of or relating to: (a) your breach of these Terms, including but not limited to any representation or warranty contained in these Terms; (b) your access to or use of the Site, including without limitation your or others' access of content or other materials available by means of the Site or third party websites, or your purchasing of goods or services from third parties; or (c) your postings or provision to us of information or other data. The Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify or hold harmless the Indemnified Parties ("Indemnified Claim"). You may not settle any Indemnified Claim without the prior written consent of the concerned Indemnified Parties.
4.3. If we take legal action against you for any breach of these Terms and a court makes an award in our favour you will be responsible for all costs allowable by the courts (meaning legal costs which we incur, your own costs and any other costs ordered by the court).
5. YOUR CONDUCT
5. 1. You agree that in using the Site you will not:
a) Use the Site in any way that may lead to the encouragement, procurement or carrying out of any criminal activity, the infringement of our or any third party intellectual property, publicity rights, copyright, contract rights and any other rights or for any other unlawful purpose;
b) Use the Site in any way that interrupts, damages, impairs or renders the Site less effective;
c) Use the Site for any purpose other than your personal use;
d) Email, transmit or otherwise disseminate any content which is defamatory, obscene, in breach of copyright, vulgar or indecent or may have the effect of being harassing, threatening, abusive or hateful or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
e) Advertise or promote third party or your own products or services including by way of the distribution of 'spam' email;
f) Display an advertisement in respect of, or accept payment or anything of value from a third person in exchange for, you performing any commercial activity on or through the Site on behalf of any third person, including but not limited to posting blogs or bulletins with a commercial purpose;
g) Transfer files that contain viruses, trojans or other harmful programs;
h) Use the username of another user or attempt to impersonate another user or person; or
i) Access or attempt to access the accounts of other users or to penetrate or attempt to penetrate the Site security measures.
j) You are entirely responsible for the content of, and any harm resulting from, any postings or materials you submit, save or upload to the Site (collectively, "Contribution"). When you create or make available a Contribution, you thereby confirm that:
k) You own the Contribution posted by on or through the Site;
l) Your Contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any law concerning child pornography or otherwise intended to protect the health or wellbeing of minors;
m) Your Contribution does not constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on our or others' computers or equipment, designed to enable you or others to gather information about or monitor the online or other activities of another party;
n) Your Contribution does not inundate the Site with communications or other traffic suggesting no serious intent to use the Site for its stated purpose;
o) Your Contribution does not otherwise violate, or link to material that violates, any provision of these Terms or any applicable law or regulation;
p) Your Contribution does not contain pictures, data, audio or visual files, or any other content that is excessive in size, as determined by us; and
q) Your Contribution does not contain content that endorses or promotes racism, bigotry, hatred, or physical harm of any kind discriminates, incites harassment or advocates harassment of or against another group or individual.
5.2. We reserve the right to, without notice, restrict or deny your access to and use of the Site for any reason, including but not limited to, for breach of any provision of these Terms, or of any applicable law or regulation. This shall not limit our right to take any other actions against you that we consider appropriate to defend our rights or those of any other person.
6. RIGHTS GRANTED AND RIGHTS RESERVED
6.1. The content on the Site, including without limitation, the text, software, scripts, graphics, photos, the Content (including sounds, music and videos), interactive features, the trademarks, service marks and logos contained therein are owned by or licensed to us. We (on behalf of ourselves and our licensors, as the case may be) reserve all rights in and to such aforementioned content on the Site (including the Content).
6.2. Your use of the Site grants you no rights in relation to our intellectual property rights including, without limitation, copyright, trademarks, logos, graphics, photographs, animations, videos and text or the intellectual property right of third parties users of the Site. All Content and materials available on the Site are provided to you for your information and personal use only.
6.3. You may submit videos, information, text, photos and graphics to us via the Site.
6.4. We may suspend, discontinue and/or terminate any aspect of the Site at any time. Any use other than that permitted under this paragraph 6 may only be undertaken with our prior express authorisation.
7. COMPLAINTS AND REMOVAL OF CONTENT
7.1. If you have reason to believe that any content on the Site is infringing your copyright, you may submit a notification to use or our agent together with detailed information about your complaint as set out here. Otherwise, if you have reason to believe that any content on the Site is infringing the rights of any third party, is defamatory, obscene, or illegal in any way, please contact us at firstname.lastname@example.org providing as much information as possible regarding your complaint and including your contact details.
7.2. If your content has been removed from the Site and you wish to discuss the reasons for this or request that such content is restored to the Site, please contact us at email@example.com.
7.3. You may not post, modify, distribute or reproduce in any way any copyrighted materials, trademarks or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. We will terminate the account and access rights of any repeat infringer.
7.4. We reserve the right, but are not obliged to: (a) monitor the Site for violations of these Terms; (b) take appropriate legal action against anyone who, in our sole discretion, breaches these Terms, including but not limited to reporting you to law enforcement authorities; (c) refuse, restrict access to or the availability of, or disable (to the extent technologically feasible) any user's Contribution or any portion thereof that may violate these Terms or any of our policies; (d) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; (e) otherwise manage the Site in a manner designed to protect the rights and property of us and others and to assist the proper functioning of the Site; and (f) restrict access or the availability of material that we consider to be obscene or otherwise objectionable.
8. OUR LEGAL OBLIGATIONS AND LIMITS ON LIABILITY
8. 1. We do not accept any liability for loss or damage incurred by you or loss of data from your computer system that results from:
a) your negligence;
b) your breach of these Terms; or
c) anything which is beyond our reasonable control which prevents us from fulfilling our obligations under these Terms and includes, but is not limited to, fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God.
8.2. Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control.
8.3. We will co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of or locate anyone breaching these Terms or otherwise for the prevention or detection of crime or the apprehension or prosecution of offenders. There may be other circumstances in which we may be required by law to disclose information about you or your use of the Site.
8.4. By operating the Site we do not endorse (or imply that we endorse) any product or service advertised on the Site, blogs, Contributions or other content available on or linked to by the Site, including but not limited to third party websites, or other content to be accurate, useful or non-harmful. You agree that your use of the Site will be at your sole risk. To the extent we are permitted by law, we and our officers, directors, employees and agents disclaim all warranties, express or implied, in connection the Site and your use thereof.
9. SECURITY AND PRIVACY
You may access the Site from any location worldwide
If we need to notify you, we will do so by email to the email address which you have given during Registration. If you need to contact us, please do so by email to: firstname.lastname@example.org
If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
13.1. These Terms are personal to you. You may not transfer your rights or obligations under these Terms to anyone else.
13.2. We may transfer our rights or obligations or sub-contract our obligations under these Terms to another legal entity. You agree that we may do so provided that the Site will be made available to you on the same terms or terms that are no less advantageous to you.
14. THIRD PARTY RIGHTS
These Terms are not intended to give rights to anyone except you and us.
We will do our best to resolve any disputes in relation to these Terms. By using the Site you agree that the laws of Switzerland shall apply in relation to any disputes between us. If you wish to take court proceedings against us you must do so within the Switzerland.