Terms and Conditions
1. GENERAL INFORMATION
1.1 The website www.filmflynet.com (the “Website”) is owned and operated by KPNQwest Italia S.p.A. (hereinafter referred to as “KPNQwest”) a provider of telecommunications services duly organized and existing under the italian law and having its usual place of business at Via Leopardi, 9 - 20123 Milano (Italy); registered at Trib. MI 248711/11/6556/11; VAT no. 07957860153.
1.2 All notices to KPNQwest under this agreement will be sent to [email@example.com] and all notices to you under this agreement will be sent by e-mail to the e-mail address set out in your registration form. All our notices to you are receipted and read when sent to the e-mail address or the postal address you provided at registration.
1.3 According to section 5, if you would like to cancel your account (which you may do at any time) and delete your personal information, please let us know by email at [firstname.lastname@example.org].
2.2 By accessing the Website you or any other party represented by you agree to be bound by the following Terms and Conditions.
2.3 We may change these Terms at any time by giving you notice by email or by publishing the modified Terms on our Website. 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 Website and/or the Service. If you continue using the Service following notification of the modified Terms, you will be deemed to have accepted and will be bound by the modified Terms.
3. SYSTEM REQUIREMENTS
3.1 You shall ensure that your systems (including, but not limited to, your computer, internet connection, operating system or any other equipment; together defined as the “System”) meet the minimum requirements necessary to allow successful access to the Website and use of any of the Service.
3.2 The quality level of the Service depends on the features, speed and availability of bandwidth of your Internet access and/or features and speed of your computer and computer processor, as well as the general Internet congestion. You accept that the quality level of the Service may be adversely affected by any failure of your System as well as of the Internet congestion. The same holds true for the Internet access and computer systems of those entities accessing Content via the Service.
4. SOFTWARE LICENCE
4.1 You are entitled to a gratuitous and non-exclusive licence to use the Software for the sole purpose of uploading the Content to the Website, streaming or screening it and making you able to allow the streaming or screening of such Content by the addressees of the mailing list you have chosen.
4.2 You may not assign, sublicense or otherwise transfer to any third party the right to use the Software. You shall not modify, amend, adapt, translate, decompile or reverse engineer, attempt to break security of, or alter in any other way, the Software or any part thereof, also by transmitting any materials that contain ad-ware, mal-ware, spy-ware, software viruses, or any other computer code, files or programs designed to interrupt, destroy or disrupt its functionality.
4.3 You shall immediately notify KPNQwest of any known unauthorized use of the Software of which you are aware.
4.4 KPNQwest shall not be liable for any damage to you System or loss of data deriving from the use of the Software, unless resulting from our gross negligence.
5. REGISTRATION, PASSWORD AND ACCOUNT SECURITY.
5.2 You can register by creating a personal account. In order to do so you will be required to choose a unique user name and password and entering other personal details that we ask for on our registration form such as (but not limited to) your name, date of birth, postal address, business affiliation, email address, credit card information, gender and country of residence.
5.3 Where a company is listed in the registration form, you shall provide all the company details requested and you guarantee us that you have full legal authority to bind the company to this agreement.
5.4 You guarantee that the information you provide at registration are true, accurate and updated. You can change the details you provide at the registration at any time by using the specific functions in the section of the Website with the exception of any data necessary for invoicing our fees after your initial registration, which You shall notify to us.
5.5 You are responsible for maintaining the confidentiality of your account details and password, for all activities that are carried out under them and for restricting and protecting access to your System. You agree to take utmost care in protecting your account from any unauthorized use. You will take all necessary steps to log out of your account and close all open browser windows when using publicly accessible computers (for example, computers in such locations as internet cafes, libraries, web enabled payphones, kiosks and other shared computers). We suggest you to change your password on a regular basis.
5.6 You must notify us immediately by email at [email@example.com if you become aware of or suspect any unauthorized use of your password or user name.
5.7 We reserve the right to refuse any application to join www.FilmFlyNet.com for any reason whatsoever.
6. USE OF THE WEBSITE, REPRESENTATIONS AND WARRANTIES
6.1 You may access the Website using your web browser and upload Contents, stream Contents and/or, if so expressly allowed, download and/or electronically copy and/or print hard copies of parts of this site, for personal and/or non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of any material of the Website is strictly prohibited.
6.2 You agree that in using the Website and the Service you will not:
a) use the username of another user or attempt to impersonate another user or person, or access or attempt to access the accounts of other users or to penetrate or attempt to penetrate the Website security measures;
b) use the Website or the Service 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 or immoral purposes;
c) 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;
d) upload, email or otherwise send or transmit any material that contains software viruses, trojan horses or any other harmful programs, other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment directly or indirectly linked with the Website. You also agree not to interfere with the servers or networks underlying or connected to the Website or our services as well as not to infringe any of the procedures, policies or regulations of networks connected to the Website.
e) you are entirely responsible for the content upload and the consequences of making the content uploaded available to you mailing list. When you create or make available a Content, you thereby confirm that:
i) you have the right to upload the Content to the Website as set forth in section 6.1;
ii) your Content is not offensive and does not solicit personal information from anyone under 18 and does not infringe any law concerning child pornography or otherwise intended to protect the health or wellbeing of minors;
iii) your Content 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;
iv) your Content is not illegal, defamatory, threatening, invasive or a breach of privacy, infringes intellectual property rights or any other related rights as to the content or any provision of Terms and Conditions, or otherwise injurious to us or any third party and that does not violate any applicable law, statute, or regulation;
v) your Content do not contain any direct or indirect or subliminal promotion advertisement or publicity of any kind whatsoever;
vi) your Content does not contain pictures, data, audio or visual files, or any other content that is excessive in size, as determined by us; and
vii) your Content does not endorse or promote racism, hatred, or physical harm of any kind, discriminates, incites harassment or advocates harassment of or against another group or individual.
7. INTELLECTUAL PROPERTY RIGHTS. REMOVAL OF CONTENT
7.1 All Software available on or through the Website is owned by KPNQwest, unless otherwise indicated. All trade marks, logos, images, product and company names displayed or referred to on the Website are the property of their respective owners. Therefore, except as provided for in Terms and Conditions, nothing on the Website grants you any licence or the right to use such material without our prior written permission or the property right owner consent.
7.2 Any Content you submit to www.FilmFlyNet.com remains yours; we claim no intellectual property rights over the content you have uploaded.
7.3 In order to upload Content on www.FilmFlyNet.com you must be the legal owner of the copyright or have obtained the prior written consent of the owner of such intellectual proprietary rights.
7.4 KPNQwest will do any reasonable efforts against abuses or infringements of copyrights and other intellectual property rights according to applicable rules and regulations currently in force. In this respect, you should be aware that KPNQwest will reserve the right to remove, in its sole discretion, any content from the Website, upon a request in writing by a third party alleging infringement of its copyrights and other intellectual property rights or when the content is infringing the provisions set forth by art. 6.2.(e). The removal of any content from the Website will not limit KPNQwest right to terminate the agreement or to take legal actions arising out from such infringements. You will authorize KPNQWest to make a copy of the uploaded content for the sole purpose of providing any evidence in any courts and/or arbitration should any action be brought, directly or indirectly, against KPNQwest with respect to the content uploaded by You on the Website. In any case, the above copy shall be deleted within [….] since its removal from the Website or since closing of your account.
7.5 Any communication regarding the misuse of the contents uploaded on the Website should be addressed at [firstname.lastname@example.org] and duly motivated.
8. COPY PROTECTION AND DISCLAIMER OF CONTENT.
8.1 KPNQwest ensures that Content you uploaded will be watched in streaming only and is not forwarded or copied by the addressees, and makes reasonable endeavours to restrict unauthorised access to and viewing of the contents you have uploaded.
8.2 KPNQwest shall not be liable for any direct, consequential, indirect damages or loss related to any loss, theft, forwarding, misuse, misappropriation of any kind to or of your contents, unless resulting from its gross negligence.
8.3 www.FilmFlyNet.com is only a virtual venue hosting contents. We do not own or possess any of the contents provided on the Website, and we are not involved in transactions between buyers and sellers. We have no control over the media listings or the abilities of sellers or buyers to fulfill transactions.
8.4 We have no liability or control over the contents nor of information or communications made by or between users of the Website or of the content of any messages, uploading or postings published by our users on the Website. We are not liable for any contents or the accuracy of or consequences of such content and such information or communications represent the views of the author of the posting or uploading. We do not monitor the contents of such communications, messages uploading or postings. However, we reserve the right to take down or remove any content on the Website at any time. You must be aware that any information provided by another user of the Website may be incorrect or misleading and it is your responsibility to take precautions and use common sense when using the Website. Any decisions or action taken by you on the basis of information or content provided on or via the Website are at your sole discretion and risk and you should obtain individual professional advice where necessary.
9. PAYMENT OF SERVICE
9.1 You agree that we will charge your credit or debit card, among those accepted by us, the fees for our services.
9.2 You agree not to hold us responsible for banking charges applied to your payments.
9.3 We may, in our sole discretion, change the fees for any services at any time. We agree to notify you at least 30 days in advance of any change in fees.
10.1 Either party may, at its discretion, terminate this agreement upon a 30-day written notice to the other party. In such event, you will be refunded of any unused credit.
10.2 Notwithstanding section 7.4, we reserve the right to, without notice, restrict or deny your access to and use of the Website and the Service or terminate the agreement in case of payment failure, breach of section 6 or any other provision of these Terms and Conditions, and of any applicable law or regulation. This shall not limit our right to take any actions against you in order to defend our rights or those of any other person.
11. PRIVACY AND INFORMATION RIGHTS
11.3 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 sections 6 and/or 7 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 Website and the Service.
You shall indemnify and hold harmless KPNQwest of and from any and all charges, claims, damages, costs, judgments, decrees, losses, expenses, penalties, demands, liabilities and causes of action, whether or not groundless, of any kind or nature whatsoever, by reason of, based upon, relating to, or arising out of the contents you have uploaded, a breach or claim of breach or failure of any provisions under Terms and Conditions, with particular regard to sections 6 and 7.
13. KPNQWEST DISCLAIMER AND LIMITATIONS OF LIABILITY
13.1 KPNQwest makes any reasonable effort to ensure that the Service is always available. However, access to the Website or the provision of the Service may be temporarily suspended without notice in the event of system failure, maintenance or repair or for any circumstances reasonably beyond our control. As a consequence, KPNQwest will not be liable for any such unavailability of the Service and for any losses due to suspension or termination of the Service.
13.2 KPNQwest does not warrant that any information is complete or accurate or that the Service will be seamless or error free, or that any information is free of bugs, viruses or any other malicious programming or applications that may be contained in any of the content available on www.FilmFlyNet.com and may be transmitted to or through the Website by any third party. Any downloading of the Software or any screening of Content or any other use of the Service is at your risk. You are advised to take adequate precautions to minimize any loss to your system caused by viruses or any other malicious programming or applications, including the use of anti-virus programs and the proper backup of files.
13.3 The Website may link to other web sites that are not under the control of KPNQwest and are not endorsed by KPNQwest in any way. KPNQwest is not responsible for the contents or use of any linked web site. KPNQwest does not endorse or assume responsibility for any product advertised or offered by a third party through the website, the Service, or any hyperlinked site or featured in any banner or other advertising and KPNQwest will not be a party to or in any way be responsible for monitoring any transaction between you and third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
13.4 KPNQwest shall not be liable for any lack of functionality of the Website and/or failure to provide any of the services that is due to your System and for loss or damage incurred by you or loss of data from your System that results from your negligence and/or your breach of these Terms and Conditions.
13.5 We will not be liable for any lack of performance, or the unavailability or failure of the Website or the Service or anything which is beyond our reasonable control which prevents us from fulfilling our obligations under Terms and Conditions and includes, but is not limited to, fire, flood, storm, strikes. lockouts or other labour disturbance, governmental action, regulation or decrees, terrorist attacks and acts of God.
13.6 In no event KPNQwest or its directors, officers, or employees, shall be liable (jointly or severally) to you for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from any error or omission in any content and material or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Website, from the use or inability to use the Service, including and not limited to the use of or reliance on information available on the www.filmflynet.it, interruptions, errors, defects, mistakes, omissions, deletions of files, delays in operation or transmission, non-delivery of information, disclosure of communications, or any other performance failure, loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law. Our liability to you for any cause whatsoever will at all times be limited to the amount paid, if any, by you to us for the Service during the term of your use of the website and the Service.
14. APPLICABLE LAW
Your use of the Website is governed by Terms and Conditions and construed and enforced in accordance with the Italian law. Disputes arising from your use of the Website and the services we provide are subject to the exclusive jurisdiction of the Italian Courts.
15.1 You shall not assign the benefit of this agreement nor grant any right herein in whole or in part nor subcontract any of your obligations without tour prior written consent.
15.2 You agree that we may freely assign the benefit of this agreement or grant any right herein in whole or in part or subcontract any of KPNQwest’ obligations without requiring your consent or approval.
15.3 These Terms and Conditions are not intended to give rights to anyone except you and us. This does not affect our right to transfer our right or obligations or sub-contract our obligations under Terms to another legal entity.
16. NO WAIVER
No delay in exercising or failure to exercise or enforce any right under these Terms and Conditions does not constitute or may be deemed as a waiver of that right or any other rights under Terms and Conditions.
If any provision of Terms and Conditions becomes or is held to be invalid, for any reason, in whole or in part, under any rule of law or by any court or regulator, the other provisions shall continue to apply.
19. ENTIRE AGREEMENT
These Terms and Conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever, whether oral or written, and constitute the entire agreement relating to the subject matter of these Terms and Conditions.