Terms and Conditions of Use
Last updated: August 27th, 2020
The Filmelier website is operated by SOFÁ DIGITAL BRASIL LICENCIAMENTO E CESSÃO DE CONTEÚDOS LTDA, a company headquartered in the city and state of São Paulo, at Rua Augusta, nº 2895, Cj. 42, Cerqueira César, CEP: 01413-100, enrolled at CNPJ / MF under No. 14.772.681/0001-10.
1.1 This Terms and Conditions and binding to all and any person (“user and/ or associate”) which visits, uses or accesses the www.filmelier.com website or any other which may replace it (“site and/ or Filmelier”), according to what’s hereinafter described.
1.1.1 The user declares to acknowledge and agree that these terms and conditions are applicable from the moment user expressly consents to them, by means of the site’s own form, independently of logging in
1.1.2 In addition to the foregoing, by using the site, user acknowledges and agrees that Filmelier may use and store cookies and other tracking technologies on user’s computer or mobile device to collect information during the visit, to enable monitoring of user’s activities inside the site and through third parties’ tools, to have control over authentication and to enhance the browsing experience.
1.2 The terms “members”, “site’s registered members”, “users” and “associates”, whether plural or singular, should be understood by the reader as synonyms.
2. ABOUT US
2.1 This site is a platform for information, suggestions, tips and movie and contents’ reviews. The site is updated daily by industry professionals.
2.2 The site offers four modalities of interaction with its users:
(i) Movie content, fact sheets, suggestions and news;
(ii) Creation of content lists according to criteria of Filmelier and guest industry professionals;
(iii) Movie Lists created by the users;
(iv) Newsletter sending to users, including suggestions based on user behavior.
2.3 All links on the Filmeliersite and other services may be changed or removed at any time. The content of the linked sites are exclusively the responsibility of their providers. The site is not responsible for the functionality, accuracy or legality of the linked third party sites. Filmelier is expressily disassociated from the content of linked sites and do not endorse their content as proprietary. To the extent that the site has knowledge of an illegal content of a linked site, it will ensure the removal of the corresponding link.
3. USE AND INTERACTION WITH USERS
3.1 Login: users will have one option to login to Filmelier:
i. Through users’ Facebook account. Filmelier will only have access to the name, email and profile picture of a user who logs in via Facebook, and will not have access to any other information or content provided by such platform. After logging into the site, the open account will be Filmelier’s, subject, therefore, to these Terms and Conditions of Use.
3.1.1 User may register as a member on Filmelier and its services. As a member, user has the ability to sort movies, retrieve information, and take advantage of other additional benefits of Filmelier.
3.1.2 A member of Filmelier can be any natural person as an individual (“user”). To register, users must always provide a username and password, in addition to a valid email address. Specifying a non-existent or external email address is not allowed. Subsequent changes to the email address should be communicated to the site immediately.
3.1.3 The site may reject an application if user does not meet one of the requirements of the terms and conditions herein or if there is another important reason.
3.1.4 The site reserves the right to change the registration requirements and make membership dependent on other requirements. In the event of a change in entry requirements, the site has the right to terminate the registration of any user with a seven-days’ notice period, if user does not meet any of these requirements.
3.1.5 Users’ participation in Filmelier is perpetual. User can cancel the membership at any time and without giving reasons, by writing to the email address indicated at the end of these terms. The site has the right to terminate any user’s association for cause, for example, if user provides false information during registration or it the site is used commercially, or other serious breaches of the obligations herein. From the requires (from either party) to the complete exclusion of the profile and contributions, it can take up to 7 (seven) business days.
3.2 Profile: Once logged in, users will be able to select the movies and contents they would like to access.
3.2.1 The information will be treated as private in the user's profile, being used by Filmelier only for internal information purposes of the site, as metrics for Filmelier's advertising tools, since user's data will not be sold or traded on any hypothesis.
3.2.2 The user behavior information collected inside of Filmelier can be used for advertisement purposes on external channels, including Facebook, Google and Instagram Ads, under these terms.
3.3. Integration with third parties: Filmelier has integration with third party companies to provide newsletter service to users.
3.3.1. Users can provide their email to receive newsletter.
3.3.2. Filmelier shares users' navigation with these third party companies, providing them only with users' email for the sole purpose of (a) segmenting the lists of users who will receive the emails with the newsletter, based on movies and contents that are compatible with users' profiles, for example; and (b) mapping of leads and monitoring.
3.3.3. Users may unsubscribe from the newsletter service at any time, upon request on the newsletter itself.
3.3.4. Filmelier is now authorized by the user to collect users’ navigation data, including accessed pages, movies and lists searched, as well as clicked buttons, to understand users’ preferences and habits, through their own system or authorized third parties, pursuant to this item 3.3.
3.3.5. Data collection on click quantity, when movies are purchased from the suggestions provided by Filmelier, may be performed by the API (Application Programming Interfaces) which interfaces with movie-viewing platforms.
3.3.6. Notwithstanding the provisions of this section, the user acknowledges and agrees that Filmelier provides links to other websites (i.e.: links to video on demand platforms and social networks), but is not responsible for movies and other content made available on such websites, including in relation to purchases or other transactions made by users on them.
3.4 The use of Filmelier services is granted to user for free.
3.5 Filmelier's purpose is for entertainment only. It is not responsible for the completeness and correctness of the information and/ or recommendations about cinema and audiovisual works.
3.6 The complete content of Filmelier's services, including texts, images, designs and names, is protected by copyright and trademark laws. Reproduction or other use or exploitation of this content is prohibited without the consent of the respective copyright holders.
3.7 Users have the right to access and use the Filmelier services only within the current state of the art. The site reserves the right to change the design and scope of the services at any time without notice and strive to minimize disruption in the use of the services due to changes in users’ interests.
3.8 Only private and non-commercial use of the site, within the scope of its finality limitation, is permitted. User alone has the right to retrieve, send, save or print content. A commercial use of Filmelier or parts thereof is not permitted. Disclosure of advertising in any form through the Filmelier services, in particular in comments, as well as in response to comments or messages to other users, third parties or Filmelier is not allowed.
3.9 Users are prohibited from interfering with the functionality of the Filmelier services or any associated features, from electronic attacks of any kind to the Filmelier services or modify or fry other parts of the site.
4. INTELLECTUAL PROPERTY
4.1 Concerning the site’s property:
4.1.1 All content posted on Filmelier, as well as on other platforms that may be found online and offline bearing the Filmelier name, is protected by Brazilian, Mexican, US and international copyright laws, as well as other applicable intellectual property laws and treaties.
4.1.2 Filmelier only makes available content which reproduction and/ or disclosure is previously authorized, and has all the rights required by applicable law to make the content displayed on the site available, including images, photos, animations, videos, music, audio, text, layout and brands.
4.1.3 Filmelier reserves the right to take any judicial or extrajudicial measures it deems appropriate, at its discretion, to protect the copyright of its contents and services.
4.1.4 Any action or attempted action that implies the reproduction of Filmelier content without proper authorization will be countered by Filmelier, based on available legal means, in order to preserve the integrity of the site.
4.1.5 No user, member or visitor is permitted to use trademark, logo and/ or other distinctive signs found on the Filmeliersite or on any other online or offline channel or platform in which Filmelier participates.
4.1.6 It is forbidden to copy, reproduce or in any other way display the Filmelier trademark. Any unauthorized use may result in violation of intellectual property, industrial property, privacy laws, in addition to civil, corporate and criminal statutes and regulatory standards.
4.2 Concerning user’s property:
4.2.1 Filmelier allows registered users to submit their own content, such as creating their movie list.
4.2.2 The contributions generated by the user for the Filmelier Services reflect only the opinion of such user and are the sole responsibility of the person who authorizes and makes them available.
4.2.3 User agrees to only submit relevant and factual comments and content. Users are prohibited from posting content that glorifies violence, is harmful to minors, defamatory, discriminatory, offensive, threatening or even punishable, whose publication violates the rights of third parties - for example Copyright, trademark or personal rights (such as right to privacy and intimacy or the right to own name) - that serve commercial purposes, in particular advertising. The same applies to the configuration of links, which have a content mentioned above. The site reserves the right to block and/ or immediately delete content that violates these rules.
4.2.4 The site may make the contributions written by Filmelierusers not only visible to other users within the Filmeliersite, but also on other platforms (such as smartphone or tablet applications, social media platforms, IPTV offers or on-demand video platforms, for example by storing and hosting such content on servers, supported by technical service providers and selected providers (hereinafter referred to as "Affiliates") as the necessary usage rights to do so are granted by user.
4.2.5 When user post copyright or legal contributions to our services, user grants us the unlimited, transferable right, of unlimited time and space, to store, reproduce, access, publicly disclose such content, including user’s username, as well as the right to modify the content and to create derivative works (eg translations, adaptations, abstracts or publicity) and to publish them in another part of Filmelier. This license granted in this way is for the sole purpose of providing the site’s services and is used only to the necessary extent to the implementation and improvement of Filmelier and the development of new services.
4.2.6 Included in this license is the right to use the posts and user’s username to promote the commented, described or classified movies. Also for this purpose, user allows the site or the Affiliates to adapt the content and the user’s username to the format and presentation quality requirements for use and association of it with other content, of the same nature or otherwise (for example, text, images etc). This use permission is free. This right of the site terminates when user removes content from Filmelier services, or your membership in Filmelier is terminated and content is deleted. Between termination and deletion of all content, it may take up to 7 (seven) business days.
5. DATA PROTECTION
6. LIABILITY, LIMITATIONS
6.1 Filmelier is not responsible for the simple negligence of its legal representatives and indirect agents outside essential contractual obligations. This does not apply to injuries in life, in the body or in health. To the extent that liability for simple negligence remains, it is limited to foreseeable damages irrespective of unlimited liability for gross negligence and intent.
6.2 The site is not responsible for disturbances or deficiencies within the network that are beyond its control. Filmelier strives to ensure the proper functioning of the technical basis of the offer, but does not accept any responsibility for the uninterrupted use of the offer, in particular for technical delays, interruptions and failures.
6.3 User’s personal data will be saved by the site according to the current state of the art. Filmelier will not be liable for damage or misuse of such data by third parties, as long as this is unavoidable with appropriate, state-of-the-art data protection measures.
6.4 Claims for indemnification against Filmelier become prescribed after 12 (twelve) months, unless they are based on willful action.
8. GENERAL PROVISIONS
8.2 Complaints and comments related to Filmelier are made through firstname.lastname@example.org.
8.5 Any consequences arising from users’ violation of these Terms and Conditions of Use are entirely users’ responsibility.
8.7 If users have any questions about any rules or conditions set out in these Terms, they should contact the site immediately at email@example.com. If necessary, the user can permanently request, in relation to the personal data provided to Filmelier, upon request sent to firstname.lastname@example.org: (i) full electronic copy of their data; (ii) history of data use consent granted to the site; (iii) revocation of consent; (iv) account cancellation; (v) registration of all data sharing and processing operations; (vi) consultation, confirmation, correction, portability, sharing and deletion of user data from the site base. From the request to the complete deletion of data and contributions, it can take up to 7 (seven) working days.
8.8 Users agree to abide by and comply with copyright protection laws related to the use of the site.
8.9 Any questions not covered by this term will be decided by Filmelier, in compliance with current legislation.