Terms of Service

20.09.2016

 

1. Terms of service 

Audiovisual works of varied durations, formats and genres ("Films") are made available to you ("User") on Icelandic Cinema Online website (the "Website").  The Website (@ www.icelandiccinema.com and www.icelandiccinemaonline.com) is owned and operated by Islandica ehf, also referred to as "we", "us" or "our". The company is registered in Iceland, with company id.nr. 560415-0520 and offices are located at Dyrhamrar 12, 112 Reykjavík, Iceland. Email address is info@icelandiccinema.com. These Terms of service ("Terms of service") are deemed to incorporate our Privacy Policy, which you should read together with these Terms of service. Your use of the Films offered on the Website whether accessed via the Website or any other device is at all times subject to these Terms of service and which forms a legally binding contract between you, the User, and us as applicable by law.

By accessing the Website or when purchasing any Films through the Website, you signify that you agree to be bound by the Terms of Service in effect at the time of purchase ("Terms of Service"). If you do not agree to these Terms of service, do not use the Website and/or purchase Films. 

We reserve the right, from time to time, with or without notice to you, to change these Terms of service. The Terms of service applicable to your access to and use of the Website and your purchases of films on Icelandic Cinema Online will be the version that is current and displayed on this Website as at each date you access this Website or purchase Films on Icelandic Cinema Online. Your use of this Website or your purchases of Films on Icelandic Cinema Online after changes are made means that you agree to be bound by such changes.

We recommend that you read these Terms of Service carefully as they contain important information about your legal rights and obligations.

 

2. Registration 

To register at Icelandic Cinema Online or purchase any Films on the Website, as a minimum you must :

  • be at least 18 years of age. Persons under the age of 18 are not permitted to register on the Website.
  • agree to provide us with personal details which includes your name and email address and that are true and current.

 

We may refuse any application to register or purchases of Films for any reason whatsoever.  

Provided that you meet the criteria to resister (see above), you may register and purchase credit on the Website. To register you need to click on ,,login-register,, tab on the top of the page, choose register and then submit your name, your email address and create a password to be used in conjunction with that email address. By registering you acknowledge your responsibility for maintaining the security of, and restricting access to your account and password, and for all purchases and other activities that occur under your account.

Some of the content provided on the Website may not be suitable for anyone under 18 years of age. We advise parents or guardians to supervise their children's use of this Website. 

 

3. The function of our Streaming Service

This section sets out the terms of service of our Streaming Service, which allows you to stream Films to your PC, laptop, television, DVD player, Blu Ray player, media centre or other authorized device capable of receiving it (a "Device"). When we use the word Device we include any service, guide, portal or gateway integrated with that Device.

The quality of the display for streaming films may vary from Device to Device, and may be affected by a variety of factors, such as the bandwidth available through and/or speed of your internet connection. Icelandic Cinema Online makes no representations about the quality of your Watch Online display. Please note that many of the films are old films, not yet been digitalized and are offered in the best available quality at a given moment.

We may also limit, condition, terminate, charge for or otherwise modify your use of the Website  at anytime without notice; provided however, we will give you notice before we institute any additional charges for the streaming online service or any part of it. You acknowledge that due to requirements or requests from content providers, or due to technical limitations, or for any reason in our sole and absolute discretion, and without prior notice to you, some or all Films may not be viewed, or may cease being viewable, on our Website at all or on some or all Devices.

Your ability to stream and watch Films will depend on you having the necessary equipment, systems and connectivity. Before you buy a Film, you must ensure that you have all necessary equipment, systems and connectivity to stream and watch the Film properly. We are not able to specify particular requirements (which may vary) and are not responsible in any way for your ability to stream and watch Films.

You acknowledge that the availability of the streaming of Films may be affected by internet traffic congestion or by other network, ISP, electronic, computer or other communication problems or failures and that we are not responsible for the failure of any Film to stream or to continue streaming due to any such congestion, problem or failure. 

You can stream and watch Films on the Website on a transactional basis, by buying credit for the opportunity to watch a Film during a set playback period. Please note that if there occurs some activity that we do not consider normal during the playback period we reserve the right to terminate your account with out notice.

 

4. Purchasing credit and a Film

When buying credit on the Website you will be able to purchase, access and stream Films, given that they are accessible in your area. All transactions go through Paypal and are subject to their Terms of services and which you need to accept before being able to buy credit on our Website. Please note that there are additional Terms of service that apply to your purchase and use of Films. All payments are to be made in Euros. We preserve the right to change the fees and charges, or add new fees and charges, in relation to any Films on the Website.

When purchasing credit on the Website one has the right to ask for a refund 14 days after the purchase. The right for a refund is revoked at the moment the credit is used for watching a Film on the Website. 

You can purchase credit after login by pointing the mouse to the arrow next to you name on the top of the page or clicking on "Watch Film" on the Website.

When you buy a Film, you will have a period of time (24 hours) within which you must watch the Film (the "Playback Period"). If you want to watch a Film after the Playback Period ends, you will have to buy the Film again. The Playback Period may be different for different Films and the period displayed on the Website when you buy the Film will be the one that applies. We reserve the right to change the Playback Period for any Film at any time. We will only change the Playback Period for a Film that you have already paid for if required to do so under our agreements with our licensors. 

You acknowledge that Films you watch may contain advertising or other marketing messages before, during and/or after them. We reserve the right to require you to provide us with personal details and payment card details to verify your identity and/or age.

 

5. Restrictions

You acknowledge all intellectual property and other rights in the Films that you stream and watch are owned by our licensors or us. To enforce those rights, we stream Films to you using technology that protects digital information and limits your ability to watch the Film in accordance with certain usage rules established by us and/or our licensors (whether in these Terms of service and/or on the relevant pages of the Website and/or displayed on a Device). Accordingly, you undertake that you will:

  • stream and watch Films for personal, private use only (and not for any direct or indirect commercial purpose);
  • not encourage or assist any other person to, copy, reproduce, lend, rent, broadcast, distribute or transmit any Film;
  • not, and will not encourage or assist any other person to, circumvent, modify, remove, reverse-engineer, decompile, disassemble, alter or otherwise tamper with any security, encryption or other rights management technology or software that is part of any Film or part of the means by which we stream the Film to you; and
  • not stream or attempt to stream Films from anywhere outside the permitted distribution area of a specific Films or to use any technology to obscure or disguise your location. You acknowledge that we may use technologies to verify your location.

 

6. Termination

You acknowledge that, in addition to any rights that our licensors or we are entitled to terminate your use of the service immediately and without notice. You specifically acknowledge our licensors have the right to directly enforce relevant provisions within these Terms of service against you. We reserve the right to change, suspend, or cease the Streaming Online Service, or any part of it at any time and without notice to you. In particular, we reserve the right to remove any Film from our catalogue or to cease your streaming and watching of any Film on the Website or any Device if necessary to comply with our obligations to our licensors. You agree that we will not be liable to you if we exercise those rights, even if your streaming or watching of a Film is affected by the change, suspension or cessation.

 

7. Prohibited use of the website

You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Website. You agree not to interfere with the servers or networks underlying or connected to this Website or our services or to violate any of the procedures, policies or regulations of networks connected to the Website. 

You agree not to impersonate any other person while using the Website, conduct yourself in an offensive manner while using the Website, or use the Website for any illegal, immoral or harmful purpose.

You agree to keep your username and password confidential and not to pass it on to others under any circumstances.

 

8. Limitation on liability 

In no event will we or our employees be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your purchase or use of any products or services, even if we are aware or have been advised of the possibility of such damages. Not withstanding anything to the contrary contained herein, our liability to you for any cause whatsoever, and regardless of the form of the action will at all times be limited to the amount paid by you to us for the product or service, but in no case will the company´s liability to exceed €1000. Your acknowledge that if no amount is paid to us for the product or service, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from us, regardless of the cause of action. 

 

9. General Terms 

9.1 Privacy 

We collect personal information about you through and in connection with your use of the website and your use and/or purchase on the website. All information that we collect about you is subject to our Privacy Policy, which forms part of these Terms of service, and which may be accessed from our home page at the bottom of the page like with Terms.

9.2 Applicable Law 

The website is operated by Islandica ehf.. Your use and/or purchases on the Website. Films is governed by these Terms of service and construed and enforced in accordance with the laws of Iceland. Disputes arising from or in connection with your use of the website and/ purchases we provide are subject to the non-exclusive jurisdiction of the Icelandic courts.

9.3 Transfer By Us

You agree that we may assign any or all of our rights and/or notate, transfer, sub-contract or delegate any or all of our obligations under these Terms of service to any third party. These Terms of service are personal to you and are agreed to by you for your own benefit and not for the benefit of any other third party.

9.4 Transfer by You 

Icelandic Cinema Online registration and/or obligations under these Terms of service are not transferable and therefore cannot be sold or traded. Further, you may not assign, notate, transfer, sub-contract or otherwise dispose of any or all of your rights and/or obligations under these Terms of service.

9.5 No Waiver 

If we delay exercising or fail to exercise or enforce any right available to us under these Terms of service, such delay or failure does not constitute a waiver of that right or any other rights under these Terms of service.

9.6 Force Majeure 

We will not be liable to you for any lack of performance, or the unavailability or failure, of the Website or the Streaming Service, or for any failure or delay by us to comply with these Terms of service, where such lack, unavailability or failure arises from any cause beyond our reasonable control.

We do not warrant that any Film or description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free on the Website. In the event of an error in an order confirmation, in processing an order, delivering a Film or otherwise, we reserve the right to correct such error and revise your order accordingly or to cancel the order and refund any amount charged. In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide you with credit with a value at least equal to the amount charged to your credit card.

9.7 Entire Agreement 

These Terms of service (including the Privacy Policy and any other terms and conditions or usage rules incorporated into these Terms of service) constitute the whole agreement between you, the User, and us relating to their subject matter and supersede any prior agreements, undertakings, representations, warranties and arrangements of any nature, whether in writing or oral, relating to such subject matter. Neither party has any liability to the other for a representation or statement not set out in these Terms of service.

9.8 Interpretation 

In these Terms of service, unless the context requires otherwise: in any phrase introduced by the words "including", "include", "in particular", "for example" or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and in references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.

9.9 Indemnity 

You agree to indemnify and hold Us, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with your purchase or use of any product or services, or any violation of this Agreement or of any law or the rights of any third party.

 

10. Contact Details 

All correspondence to Icelandic Cinema Online, including any queries you may have regarding your use of the Website, your use and/or purchases or these Terms of Service, should be sent to

Islandica ehf.
Dyrhamrar 12
112 Reykjavík
Iceland

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