Terms & Conditions
IMPORTANT LEGAL NOTICE ATTENTION: This website, https://cphdox.shift72.com (the “Website”) is owned and operated by CPH:DOX - Copenhagen Film Festivals / FONDEN DE KØBENHAVNSKE FILMFESTIVALER (the “Company”, “we”, “us” and “our”), a company incorporated under the laws of Denmark with an address of Flæsketorvet 16, 1711 Copenhagen V. This legal notice (the “Terms”) applies to the entire contents of the Website and to any correspondence by e-mail between us and you. Please read these Terms carefully before using the Website. Using the Website indicates that you have read, understood and accept and agree to be bound by these Terms regardless of whether or not you choose to register with us. If you do not accept these Terms, you should not use the Website.
1. Introduction 1. You may access most areas of the Website without registering your details with us. By accessing any part of the Website, you shall be deemed to have read, understood and accepted the Terms in full. Certain areas of the Website are only open to you if you register. If you proceed to register to join the Website to avail of the Services, you will be asked to tick a box to signify that you have read, understood and accepted the Terms. If you do not accept the Terms in full, you must leave the Website immediately. 2. The Company may revise this legal notice at any time by updating this posting. You should check the Website from time to time to review the then current Terms. Certain provisions of the Terms may be superseded by expressly designated legal notices or terms located on particular pages at the Website.
2. Description of the Services We are providing a video on-demand service offering digitised versions of documentaries (“titles”) and other services (the “Services”) in accordance with the Terms contained herein. The Services allow you to access and view these titles by temporarily streaming a copy of the title at the charges provided for on the Website.
3. Licence 1. Upon payment of the applicable charges, the Company grants you a non-exclusive, non-transferable, limited right and license to stream and to view, use and privately display the titles rented or purchased by you in accordance with the Terms on devices (e.g. a laptop, or desktop computer) (the “Authorised Device”) (the “Licence”). In addition, you are permitted to print and download extracts from the Website for your own personal and non-commercial use on the following basis: 1.1. no documents or related graphics on the Website are modified in any way; 1.2. no graphics on the Website are used separately from the corresponding text; and 1.3. the Company’s copyright and trade mark notices and this permission notice appear in all copies. 2. The Company may automatically prevent you from accessing any title that you have rented that is beyond its limited licence term and you hereby consent to this restriction. You may not copy or move any titles from any location where it is stored on your Authorised Device. 3. Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of the Terms, any use of extracts from the Website other than in accordance with clause for any purpose is prohibited. If you breach any of the provisions of the Terms, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website. 4. Subject to clause, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company’s prior written permission. 5. The Company grants you the Licence for the limited purpose of personal use and not for any commercial purpose whatsoever. No business entity (including, but not limited to, a corporation, partnership, sole proprietorship) is licensed to use, or otherwise purchase the Services from, this Website. You hereby agree not to use the Website, the Services or any element or portion thereof for any commercial purpose whatsoever. 6. You warrant that you will not infringe any third party’s intellectual property rights while availing of the Service and/or by using the Website and you will indemnify, keep indemnified, and hold the Company harmless against any and all damages, liabilities, interest, demands, expenses, costs (including all legal costs) and/or claims howsoever caused or howsoever arising from your breach of this warranty. 7. Any rights not expressly granted in these Terms are reserved and you may not transfer, copy or display the titles, except as permitted in accordance with the Terms. In addition you may not: 7.1. sell, rent, lease, broadcast, sublicense or otherwise assign any right to the titles to any third party; or 7.2. attempt to disable, bypass, modify, defeat or otherwise circumvent any digital rights management system used as part of the Services.
4. Conditions of Access to the Services 1. You may only access the Services if you reside in Denmark, Greenland or the Faroe Islands. Our Services are using geo-blocking software to prevent you from accessing the Services from outside of Denmark, Greenland or the Faroe Islands and this is necessary to enable the Company to comply with the terms of its broadcast and content licences. You agree not to attempt to access, and/or not to attempt to circumvent the geo-blocking software to access the Services from anywhere outside of Denmark, Greenland or the Faroe Islands. 2. You must be at least 18 years old to use the Services. If you’re under 18 years old, please ensure that you have obtained a parent’s or guardian’s permission prior to using the Services. 3. To benefit from the Services, you must create a user account by completing an on-line registration form available on the Website homepage, with accurate and complete information. As part of this on-line registration you must submit a username and password and you will hold and secure such username and password as strictly confidential. Accordingly, you will not allow anyone access to or use such username and password and you will not post the username and password on any website nor transmit it through unsecured sites. The Company shall not be responsible whatsoever in the event that your password is misappropriated by a third party. 4. Once you complete the on-line registration form, we shall send you an email, to the email address indicated in your on-line registration form, confirming the creation of your account. 5. The Company reserves the right to refuse any requests for registration to the Services at its absolute discretion including, without limitation, if such registration contains incomplete, erroneous, inaccurate or fabricated information. 6. All information allowing you to log on and use the Services is personal and confidential and you are solely responsible for maintaining the security of your account. Moreover, you acknowledge that any connection or transmission of data made with or from your account will be assumed to have been made by you. 7. If you become aware that your username and password have been lost or stolen you must contact the Company’s customer service desk (identified in section of the Terms) as quickly as possible in order to proceed to the immediate cancellation of your account. In this case, the Company will send new identification details to the you. 8. You are fully accountable for all usage of your account. In the event that your username and password are misused or used by an unauthorised party, you will be held liable until you contact the Company’s customer service desk in accordance with the aforementioned terms. 9. Technical Requirements for Access to the Services 10. The technical requirements for accessing this Website and the Services are available at the technical information section of the Website. 11. While the Company endeavours to ensure that the Website is normally available 24 hours a day, the Company shall not be liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily and without notice including, without limitation, in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.
6. Terms relating to the rental of titles 1. Most of the content on this Website is available only on a paid basis (i.e. you must pay to see the titles). There are a number of ways in which you can pay to watch the titles. You may (i) temporarily stream a copy of a title (“Rent” or “Renting”). 2. You must submit an order each time you wish to Rent a title from the Company, in accordance with the Terms including without limitation section herein. Once your order has been validated and registered by the Company server, we will send out a confirmation email summarising your order. We recommend that you print this confirmation email as proof of your order (which will include your order number). Once we have confirmed your order you will be permitted to stream the titles in accordance with your order. The Company reserves the right to refuse any order to Rent a title at its absolute discretion. 3. Should you have any problems with streaming a title please contact the Company’s customer service desk as indicated in section of the Terms and our customer service team will work with you to try to solve your problem. 4. Renting a title 4.1. Once you pay for the Services you will be given five (5) days to stream the title. 4.2. If you Rent a title by the method of streaming you are permitted to watch this title for a period of twelve (12) hours from when the streaming process begins.
8. Visitor material and conduct 1. Other than personally identifiable information, which is covered under our Privacy Statement, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. You may post title reviews or suggestions onto the Website and by doing so you automatically grant the Company a royalty-free, perpetual, irrevocable, non-exclusive, transferable right and licence to use, reproduce, modify, publish, edit, translate and otherwise exploit such material in any form, technology or media without any obligation to you, whether by way of compensation, attribution or otherwise. You hereby warrant that you have the full and unrestricted right to grant the aforementioned rights to the Company with regard to your posted material and that the Company’s use of your posted material will not infringe upon any third party’s intellectual property rights. You will indemnify, keep indemnified, and hold the Company harmless against any and all damages, liabilities, interest, demands, expenses, costs (including all legal costs) and/or claims howsoever caused, made by you or by a third party against the Company, arising out of or in connection with your posted material. 2. You are prohibited from posting or transmitting to or from the Website any material: that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or 2.2. which constitutes advertisement or promotion of goods or services provided by you or any third party, including, but not limited to, the posting of links to third party websites; or 2.3. for which you have not obtained all necessary licences and/or approvals; or 2.4. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or 2.5. which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data) 3. You may not misuse the Website (including, without limitation, by hacking). In addition, we advise that you never reveal via the Website, any personal information about yourself or anyone else. You are entirely responsible for maintaining the confidentiality of your details when using the Services. 4. The Company reserves the right to restrict or suspend or close your account without notice and without liability to you or any third party if you are in breach of clause 8.2 or clause 8.3. The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of clause or clause .
9. Intellectual Property 1. All intellectual property rights in this Website and to all material or content (including, without limitation, the titles and all names, images and logos identifying the Company) made available by the Company via the Services and on the Website (excluding any content posted by users of the website) (the “Company Materials”) shall remain at all times the property of the Company or its licensors. Unless expressly permitted elsewhere in the Terms or on the Website, you are expressly prohibited from copying, distributing, publishing, modifying, downloading or otherwise exploiting the Company Materials in whole or in part. Nothing contained in these Terms or the Website shall be construed as conferring by implication any right or licence to use any trade mark, patent, design right or copyright of the Company or of any third party. 2. The titles that you Rent from the Company are controlled by a technical system known as Digital Rights Management (“DRM”). DRM is a system whereby digital files are protected and their usage controlled. The purpose of DRM is to offer a client maximum flexibility in the usage of the downloaded recordings while protecting the copy rights of these titles. 3. You agree not to tamper with or attempt to alter the control technique of the titles necessary for the provision of the Services, nor to encourage any third party to do so. 4. The authorisation to use the Services, provided to you in exchange for payment of the applicable charges, does not give you any right of ownership as these rights are reserved to the creators of these titles. It is expressly forbidden for you to copy, reproduce, translate, edit modify and/or create any element derived from anything relating to the Services, whether in whole or in part.
10. Links to and from other websites Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for any of these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
11. Cancelling your order 1. To the maximum extent permitted by applicable law, once you have Rented or Purchased the titles you may not cancel or seek any refund of the charges.
12. Disclaimer 1. The Company offers the Website for entertainment and information purposes only. While the Company endeavours to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website, to the Services or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material. 2. The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of [merchantable quality, fitness for purpose and the use of reasonable care and skill]) which, but for this legal notice, might have effect in relation to the Website. 3. We do not guarantee that all titles will be available at all times on the Website and we are not liable for any malfunctioning and/or interruption of service howsoever caused or howsoever arising. 4. The Company does not warrant, or have control over, the legality, quality or integrity of the content of the titles as provided for Rent or Purchase under the Services. 5. The Company reserves the right to change or withdraw any of the titles at any time at its absolute discretion for whatsoever reason without liability to you or any third party. 6. The views expressed in any content or material which is uploaded by you or by other users of the Website do not reflect the Company’s views. 7. The Company reserves the right to restrict or suspend or close your account without notice in the following cases. 7.1. if you infringe upon a third party’s intellectual property rights; or 7.2. if you are in breach of any of the Terms.
13. Liability The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website and the Services), and any of the Company’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability, to the maximum extent permitted by law, and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website or the Services in any way or in connection with the use, inability to use or the results of use of the Website or the Services, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or the Services or your downloading of any material from the Website or any websites linked to the Website. 2. Without prejudice to section, our maximum aggregate liability to you for any losses you suffer shall not exceed the price paid by you for the Services in the month giving rise to the claim. 3. Nothing in this legal notice shall exclude or limit the Company’s liability for: 3.1. death or personal injury caused by negligence; or 3.2. fraud; or 3.3. any liability which cannot be excluded or limited under applicable law. 3.4. If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof. This is provided as an example only. Replace this example with your own terms and conditions.
14. Definitions The Company, we and us means CPH:DOX - COPENHAGEN FILM FESTIVALS - FONDEN DE KØBENHAVNSKE FILMFESTIVALER. Compatible Devices means a device compatible with the Platform as listed in these terms. Member means a person that has supplied the requisite information and accepted membership of the Platform and Membership has a corresponding meaning. Member Account means an account held by a Member with The Company for the purposes of buying or renting Platform Content through the Platform. Platform Content means a film or TV series or an episode of a TV series or any other product or content provided by us for buying or renting through the Platform. Platform means the digital content platform provided by us (and/or by our third party service providers on our behalf) and includes all pages of and all information, material, text, graphics and facilities on the Platform. Rental Content means Platform Content which has been rented by a Member and is available for viewing for a specific time period. Purchased Content means Platform Content which has been purchased by a Member and is available for viewing for an indefinite time period, or for as long as the Member holds a Member Account.
15. Acceptance of Terms These terms form the basis on which you agree to use The Company’s Platform to rent our films and TV series. These terms represent a legally binding agreement between you and The Company. By using the Platform (which includes accessing the Platform, creating an account, and/or renting any Platform Content), you accept these terms and agree to abide by them. If you need to contact us about the Platform, you can do so by contacting us on this email address: email@example.com. We reserve the right to change these terms. If we do so, then prior to any subsequent purchase of any Platform Content, you will receive an email notifying you of the updated terms to the email address you provided when creating your account.
16. Use of the Platform The Platform permits you to rent our Platform Content for your personal use in accordance with these terms, including any terms specific to particular Platform Content. To rent Platform Content you must be 18 years or older and located in a territory where the particular Platform Content is authorized to be available. You agree not to use or attempt to use the Platform from outside this territory. We may use geo-filtering / geo-blocking technologies to verify your compliance and prevent access outside this territory. You are responsible for ensuring that all persons who access the Platform through your internet connection are aware of these terms and that they comply with them.
17. Technology Requirements You are responsible for making all arrangements necessary for you to access the Platform including ensuring you employ technology capable of utilising the Platform. Use of the Platform requires Compatible Devices, certain software (fees may apply) and internet access. Use of the Platform may be affected by the performance of these factors and these requirements are subject to change at any time. We will use reasonable endeavours to give you notice of any changes.
18. Compatible Devices and Software The system requirements are detailed in the How to page. You acknowledge that the Platform may not work on all Compatible Devices set out above, particularly older devices, browsers and/or operating systems. High-speed internet access is strongly recommended.
19. Member Accounts Some important details about your Member Account: - Don’t reveal your account information to anyone else; - You are solely responsible for maintaining the confidentiality and security of your Member Account and for all activities that occur on or through your Member Account; - You agree to immediately notify The Company of any security breach of your Member Account; - The Company shall not be responsible for any losses arising out of the unauthorized use of your Member Account; - If you create a Member Account and/or use the Platform on someone else’s behalf, you warrant that you have that person’s authority to do so. You also accept all liability and the consequences for any breaches of these terms resulting from any unauthorized activity you conduct. You shall not access or attempt to access a Member Account that you are not authorized to access. You agree to provide accurate and complete information when you become a Member, and as you use, the Platform and you agree to update such information to keep it accurate and complete. You acknowledge that the volume of data consumed by accessing the Platform Content is typically high. The payments you make to rent or purchase Platform Content do not include any charges for internet usage. You are solely responsible for any internet usage or charges that your ISP may apply in relation to accessing Platform Content.
21. Platform Service and Availability We may modify, suspend, or discontinue the Platform or any Platform Content at any time with or without notice to you. We will not be liable for any unavailability of the Platform or of any Platform Content if you have breached any of these terms or for any unavailability beyond our control. If you have paid for Platform Content but we have failed to make it available to you, then our liability for any such unavailability will be limited to the purchase price for that Platform Content. You acknowledge that not all of our film and television programmes listed on our website are available for purchase nor will they become so in future.
22. Rules of Use You shall use the Platform and the Platform Content strictly in accordance with these terms. You will be authorized to use Platform Content only for personal, non-commercial use. You may not make any Platform Content available for any commercial purpose, educational purpose or any other purpose not expressly authorized in these terms. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to the Platform and the Platform Content for any reason, or to interfere with, remove or alter any digital rights management information on the Platform or the Platform Content, or to attempt or assist another person to do so. You must not abuse or misuse the Platform by attempting to compromise the service by employing technologically harmful means or material. You will not use the Platform for any purpose which is unlawful, not authorized by us or otherwise conflicts with these terms. Your use of the Platform may be monitored and controlled by The Company or its service provider for compliance purposes at any time.
23. Third Party Material Some information contained in the Platform may link you to sites that are not owned or under the control of The Company. The Company assumes no responsibility or liability for the content of those sites or otherwise for any third party material that may feature on the Platform.
24. Intellectual Property The Platform and the Platform Content contain information and material that is owned by The Company and/or its licensors and/or service providers, and is protected by applicable intellectual property and other laws, including those relating to copyright. The Company reserves for itself and such third parties all such rights in all jurisdictions throughout the World. You must not (and must not permit others to) authorize or assist any other person to remove or interfere with any copyright notices contained in any Platform Content. We take infringement of our copyright (and that of our licensors and service providers) seriously. You must: - only use the Platform Content and related information and materials in the course of using the Platform in compliance with these terms and not for any other purpose; - not download, upload, copy, reproduce, communicate to the public, transmit, publish, broadcast, modify, manipulate, rent, lease, loan, sell, distribute, or create any derivative works of any Platform Content or any part of it; - not copy, reproduce, modify or manipulate any part of the Platform and/or Platform Content in any manner; - not exploit the Platform or Platform Content in any unauthorized way whatsoever. We reserve all rights and remedies available to us to prevent any infringement of intellectual property we or our licensors or service providers own that is comprised in the Platform or Platform Content. The Company’s trade marks, service marks, graphics, and logos used in connection with the Platform are the intellectual property of The Company. Other trade marks, service marks, graphics, and logos used in connection with the Platform or with Platform Content may be the trade marks of their respective owners. You are granted no right or licence with respect to any of the aforesaid trade marks and any use of such trade marks.
25. Termination We may: - terminate the agreement created between you and The Company pursuant to these terms; and - suspend access to the Platform (or any part thereof) or any Platform Content at any time without notice. Provided you are not in breach of these terms we will reimburse you for any Platform Content you have successfully paid for but has not been made available to you in accordance with clause 7 at the time of termination or suspension. We will not be liable if for any reason the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform or to Platform Content. We have the right to disable any Membership at any time, if in our opinion you have failed to comply with any of these terms. You may cease to use the Platform at any time.
26. Disclaimer Your use of the Platform is at your own risk. The Company does not guarantee, represent or warrant the uninterrupted or error-free use of the Platform and shall not be liable for any loss arising from such events including but not limited to loss, corruption, attack, viruses, interference, hacking, or other security intrusion or any other factors beyond The Company’s and/or its licensors’ and/or its service providers’ reasonable control, including but not limited to the nature of your Compatible Device or internet connection. To the extent permitted by law, the Platform and the Platform Content are provided by The Company without warranties or guarantees of any kind, other than the statutory protection afforded to you by applicable legislation.
27. Limitation of Liability The Company’s liability shall be limited as set out in these terms and otherwise to the amount of any liability that may arise under any applicable legislation and solely in respect of the failure to comply with any guarantee corresponding to The Company’s supply of goods or services relating to the Platform or any Platform Content. The Company expressly excludes any liability for any direct, indirect or consequential loss or damages incurred by any user in connection with the Platform or in connection with the use, inability to use, or results of the use of the Platform.
28. Waiver and Indemnity You agree to indemnify and hold The Company, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of these terms and your use of the Platform. The Company reserves the right to take any action we believe necessary to recover any sums you owe us. You agree that, in such circumstances, you will be liable for all costs and expenses incurred by us including, but not limited to, legal fees, collection fees, arbitration costs and court costs.
29. Miscellaneous These terms constitute the entire agreement between you and The Comapny regarding the Platform. If any part of these terms is held invalid or unenforceable the remaining parts of these terms shall remain in full force and effect. Our failure to enforce any right or provisions under these terms will not constitute a waiver of such provision or any other provision. We will not be responsible for failure to fulfill any obligation due to causes beyond our control. We may notify you with respect to the Platform by sending an email message to your Member email address. Notices shall become effective immediately when issued by us.
30. Governing Law These terms and your use of the Platform and Platform Content are governed by the jurisdiction where The Company is based for any claim or dispute relating in any way to your use of the Platform.