TERMS AND CONDITIONS

Terms of Use for FEELMAKERS (Viewer).

 

 

1. - Object.

 

The purpose of this contract is to lay out the Terms of Use for the service of the FEELMAKERS platform. Said platform is owned by the company CONTENT LINE, S.L., whose Tax ID number is B-86597978, registered in the Business Register of Madrid in Volume 30.303, Page M-545461, Sheet 193,  and whose address is: Avda. de Concha Espina, 65 -2º, 28016 Madrid, Spain (hereinafter CONTENT LINE).

 

The FEELMAKERS platform allows Users to view cinematographic works (documentaries, animation films and short films) "Content(s)", via Video On Demand (an audiovisual work is made available to the public for a limited period of time through digital communication, which allows members of the public to access it from any chosen place and at any chosen time).

 

These Terms of Use apply to all Users of the Service.

 

In order to view the Contents of the Service, the User must register as such in the platform FEELMAKERS and select among the following modalities:

 

(i) Through the payment of a specific price for each Content, that User wishes to view; or

 

(ii) Through a flat rate subscription, involving a payment by User of a fixed monthly amount and allowing him to access numerous Contents in the platform.

 

User may cancel his flat rate subscription, at any time; from the User´s profile, in the section “Cancel my subscription”.

 

Notwithstanding the foregoing, CONTENT LINE shall be entitled to cancel automatically, all those subscription, whose amounts are not duly paid by User´s banking entity.

 

2.- Accepting Terms of Use.

 

2.1 In order to use the Service, the User must first accept the Terms of Use and may not use the Service unless said Terms of Use are accepted.

 

2.2 The User shall not use the Service nor accept the Terms of Use if (i) the User is not legally capable of entering into a binding contract with CONTENT LINE, or (ii) is prohibited or legally barred from receiving or using the Services, according to the laws governing the User's country of residence or the country from which the User is accessing or using the Service.

 

3.- FEELMAKERS Accounts.

 

3.1 In order to access certain features of the website and other elements of the Service, and in order to view the Contents, the User shall be required to create a FEELMAKERS (Viewer) account. When creating the account, the User shall have to provide certain information correctly and in full. It is important for Users to keep the password to their FEELMAKERS (Viewer) account safe and secret.

 

3.2 The User shall not give third parties access to their FEELMAKERS (Viewer) account.

 

3.3 The User shall immediately notify CONTENT LINE of any breach that he becomes aware of in security norms or any unauthorized use of their FEELMAKERS (Viewer) account. CONTENT LINE is not responsible for any use of the User account made by others, up until the second business day after receipt of the aforementioned notification.

 

3.4 The User agrees to be solely responsible for all activity that happens on his FEELMAKERS (Viewer) account.

 

 

4.- General Restrictions on Use.

 

4.1 The User shall not use the website or the Service (including the comments left on the website) to offer services related to a business activity without the prior written authorization of CONTENT LINE.

 

4.2 The User shall only access the Content for personal, non-commercial use and exclusively in compliance with what is considered and permitted to be the normal operations of the Service, which is the limited use during a Viewing Period of seventy-two (72) hours, without any limit on the number of viewings and exclusively in Streaming.

 

"Streaming" means the contemporary digital transmission of material from FEELMAKERS via Internet to an Internet-ready, user-operated device (whether it be a conventional television, personal computer, cable box, video console, mobile telephone, iPod, PDA, hard-drive, etc.). However, Each User shall not be able to view the Contents in more than five different devices, the viewing of the Content shall solely be in real time, without downloading (either permanently or temporarily), copying them, storing them or distributing them, and the User shall not view the Content on several devices simultaneously.

 

4.3 The User shall not, in any way, copy, reproduce, distribute, transmit or publicly exhibit or exploit the Contents of FEELMAKERS for any purpose without the prior expressed consent of CONTENT LINE or the respective License holders of the Content.

 

4.4 Should any User become aware of or notice that some Content offered on the FEELMAKERS platform violates third-party rights or any specific laws, such User must collaborate and inform CONTENT LINE of the same.

 

5.- Guarantees and liability exclusions for CONTENT LINE.

 

5.1 Given the special terms of use for intellectual property rights on the internet, CONTENT LINE guarantees to make an effort to avoid breaching third-party rights and ensure the proper functioning of the platform within market standards. CONTENT LINE guarantees access to its paid services and, given the possibility of incidents resulting from technical difficulties, the following contact information is provided to Users: For technical issues in Streaming viewing: support@feelmakers.com -For issuesrelated to payment: administración@feelmakers.com -For issuesregarding news or user registration: info@feelmakers.com

 

5.2 CONTENT LINE shall not be held responsible for violations of rights that might arise from Contents that have been made available by Licensor Users. Notwithstanding the foregoing, should CONTENT LINE be informed of any Content's possible violation of third-party rights or of any country's legislation, it shall withdraw the content from the FEELMAKERS platform within 48 hours, or shall make impossible the access to the same, until (i) the violation has been verified and the Content is permanently removed from the FEELMAKERS platform, (ii) or the accusation has been proven false and the Content is back made available to the Viewer Users.

 

6.- Personal Data Protection. 

 

Applicable legislation

As a business whose head office is located in Spain, CONTENT LINE, S.L. is subject to the application of the Personal Data Protection provisions contained in the December 13 Organic Law 15/1999 on the Protection of Personal Data, as well as the European Parliament and Council Regulation (EU) 2016/679 from April 27, 2016 (hereinafter GDPR); as well as other Spanish and European regulations that deal with the subject.

            Owner Responsible for the Data file and its processing

CONTENT LINE informs Users that all data that are provided or that may be required for subscribers or registered to the website operated by CONTENT LINE, SL located at the URL: http://www.feelmakers.com, or the services that might be hired or purchased through said website, will be incorporated into a file whose owner will be CONTENT LINE, which will be responsible for both the file and the processing thereof, to be carried out with the utmost confidentiality and under the respective security measures to ensure that this be the case.

            Purpose and use of collected data

The data provided by the User to CONTENT LINE will be used for the purposes indicated below:

·         To provide said data to those participating in the services solicited by the User,

·         To maintain the contractual relationship, where applicable, established with CONTENT LINE,

·         To send advertising, offers and promotions that may be of interest to the User,

·         To manage, administer, provide, expand and improve services to which the User might decide to subscribe, register, or use the adaptation of said services, for sending service updates, for sending via traditional and electronic means any technical, operational and commercial information about products and services offered by CONTENT LINE.

Data processing for advertising and commercial prospecting purposes will entail sending the User, information, advertising and commercial promotions of services marketed by CONTENT LINE through the email used by the User to register for CONTENT LINE services.

            Legal basis for processing personal data

The legal basis for processing the personal data for the purposes stated in the previous paragraph is granted through the consent of the User, which is accpeted upon registering to the services provided by CONTENT LINE and is agreed upon according the provisions in article 6.1.a of the GPDR. The owner of the data must be of legal age. Otherwise, explicit authorization signed by their parents or legal guardians must be provided.  

            User Rights

In accordance with the aforementioned regulations, the User is informed that he / she has the power to exercise the following rights:

·         Access: gives the User the power to verify as to whether CONTENT LINE is processing his/her personal data and, if so, has the right to know what personal data are being processed.

·         Correction: this right means the User may modify or correct data that is incomplete or inaccurate.

·         Deletion: when exercising this right, the User's data is blocked and therefore is not processed by CONTENT LINE.

·         Limitation: in the event that the legal requirements so warrant, it gives the User the power to stop the processing of his/her data, which will only be kept in the event a claim is exercised.

·         Objection: in the event that the legal requirements so warrant, when this right is exercised, CONTENT LINE will stop processing the User's data, unless there are legal reasons that allow it, that is, for claims to be exercised.

·         Portability: gives the User the option of having his/her data contained in the file to be received and subsequently transmitted directly to another data processor in a structured, commonly used, and mechanically-readable format.

 

All these rights shall be exercised by means of written communication, attaching a copy of the User's ID, to CONTENT LINE SL, whose address in Madrid (28016) is, Avda. De Concha Espina, 65 -2º, or by email to info@feelmakers.com.

As long as the User does not use his/her right to delete, CONTENT LINE will continue to actively process the data provided. Should the User decide to exercise this right, the User's data will be blocked and will be stored in a restricted way and put at the disposal of the competent authorities for a period of 5 years in order to cover any possible liabilities arising from the processing.

At any time, the User may also refuse to receive or continue receiving any type of advertising, as well as revoke the consent granted for any of the abovementioned purposes.

CONTENT LINE takes confidentiality and privacy very seriously, so we are committed to using collected personal data only for the purposes indicated above, and to take measures to prevent any alteration, loss, or unauthorized access. If you believe any undue processing of your data is being carried out by CONTENT LINE, you may make claims to said business or to the Spanish Agency for Data Protection, C / Jorge Juan, 6. 28001 - Madrid. Website http://www.agpd.es/

            Recipients and transfers to third parties

CONTENT LINE will be solely responsible for processing, therefore it shall not transfer the Users' personal data to third parties. Nor will international transfers of personal data be made. 

 

7. Use of Cookies.

 

Use of cookies on the FEELMAKERS platform

 

CONTENT LINE shall use cookies when the User visits the FEELMAKERS website. The cookies are associated with a single anonymous User and their computer, and they shall provide no references that might make it possible to deduce the User's name and surname. The FEELMAKERS cookies cannot read data on their hard drive, nor can they read cookie files created by other providers. CONTENT LINE encrypts the User's identifying data for enhanced security. Thanks to cookies, it is possible for CONTENT LINE to recognize registered Users after they have registered for the first time, without them having to log in every time they wish to access the website's areas and the services reserved exclusively for them.

 

Disabling the use of Cookies by the User

 

The User has the option of configuring their browser so that it will notify them onscreen whenever cookies are received and will prevent cookies from being installed on their hard drive. Please consult the instructions and manual for your browser for further information. To use the FEELMAKERS website, it is not necessary for the User to allow cookies sent by CONTENT LINE to be installed, should this be the case, it will be necessary for the User to log in every time they access a service that requires prior log in.

 

If you wish to block Cookies for the platform, you should perform the following steps, according to your web browser:

·         Chrome.

·         Chrome for Android.

·         Safari.

·         Safari for IOS (iPhone & iPad).

·         Internet Explorer.

·         Firefox.

 

 

8. Applicable Law and Jurisdiction.

 

All the Terms appearing on the Website are governed by Spanish law. All disputes, controversies or circumstances arising from the Terms of Use of the FEELMAKERS platform shall be subject to the Courts and Tribunals of the City of Madrid, Spain, and the parties expressly waive their immunity.

 

 

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