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 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.- Protection of personal data. 

Pursuant to the provisions of Law 15/1999 of December 13, regarding the Protection of Personal Data, CONTENT LINE informs User that all data that are provided or that may be required for subscribing or registering to the website operated by CONTENT LINE, S.L. located at the URL: http://www.feelmakers.com, or the services that might be hired or purchased through said website, shall be stored in a file owned and managed by CONTENT LINE S.L., who shall process them with the utmost confidentiality.

The purpose of collecting and processing said data is to provide said data to those involved in the services requested by the User. Likewise, CONTENT LINE shall make use of the data provided by the User to maintain the contractual relationship established with CONTENT LINE, in order to inform the User of offers and promotions that might be of interest to them, for managing, administering, providing, expanding and improving services that the User can decide to subscribe to, register for, or use to adapt said services, for sending service updates, for sending via traditional or electronic means, technical, operational and commercial information regarding products and services offered by CONTENT LINE.

The processing performed for advertising purposes and commercial use shall entail sending the User information, advertising and business promotions for the services marketed by CONTENT LINE.

The User’s consent for processing their data for the purposes stated in the preceding paragraph shall be given fully and unequivocally through the transmission of said data to CONTENT LINE by the Users. The owner of the data must be of legal age. Otherwise, explicit authorization signed by their parents or legal guardians must be provided.

Users are informed that they can, upon request to the data controller, exercise their rights to access, modify, cancel and object to receiving any kind of advertising, and withdraw their consent by sending a message to that effect to info@feelmakers.com with LOPD in the subject heading and a message indicating the User's identity and the claim to be made.

7. Use of Cookies.

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. 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, though should this be the case this case, it will be necessary for the User to log in every time they access a service that requires prior log in.

8. Granting rights to third-parties.

CONTENT LINE shall be able to grant the rights and obligations under this contract to third parties provided prior notice is given to the Users.

9. 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.