Vimoz — Terms of use

Agreement, eligibility, and changes

These Terms of Use (“Terms”) form a legally binding agreement between you and [insert your company’s full legal name] (“we”, “us”) regarding your use of the website and online service branded “Vimoz” (the “Service”). By creating an account or otherwise using the Service, you confirm that you accept these Terms. If you do not agree, you must not use the Service.

You must be at least [insert age, e.g. 16] years old, or the minimum age required in your country to consent to information-society services without parental permission, whichever is higher. If you use the Service on behalf of a company or other legal person, you represent that you are duly authorised to bind that entity, which then also agrees to these Terms.

We may amend these Terms from time to time. We will publish the updated version on this page and, where legally required, provide additional notice. Continued use after the effective date of changes may constitute acceptance; if you do not agree to material changes, you must stop using the Service and may close your account where the functionality is available.

Account, licence, and acceptable use

You must provide accurate registration information and keep your credentials confidential. You are responsible for all activity under your account until you notify us of suspected compromise and we have had a reasonable opportunity to act.

Subject to these Terms, we grant you a personal, non-exclusive, non-transferable, revocable, limited licence to access and use the Service for private, non-commercial entertainment purposes, in accordance with applicable law.

You must not: use the Service in violation of applicable law; infringe third-party rights; harass, threaten, defraud, or harm other users; attempt to gain unauthorised access to accounts, systems, or data; interfere with or disrupt the Service (including by introducing malware, excessive automated access, or denial-of-service techniques); scrape, crawl, harvest, or systematically extract data except as permitted by mandatory statutory rights; reverse engineer or decompile any part of the Service except where such restriction is prohibited by mandatory law; or circumvent technical limits or security measures.

We may suspend or terminate access, with or without notice, if we reasonably believe you have breached these Terms, if we must comply with law, or if we discontinue the Service. Provisions that by their nature should survive will remain in effect.

Your content and third-party catalogue material

You retain any intellectual property rights you hold in text or other material you voluntarily submit through the Service (for example suggestions or profile fields), subject to the licence you grant us: a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, display, and process such content solely as needed to operate, secure, and improve the Service and to comply with law. You represent that you have all rights necessary to grant this licence and that your content does not violate applicable law or third-party rights.

Film and television catalogue metadata, artwork, and related materials may be provided by third-party databases (for example The Movie Database or IMDb, depending on configuration). Those materials remain the property of their respective owners and are used under applicable licences or fair-use principles. We do not claim ownership of such third-party materials. We do not warrant that catalogue information is complete, up to date, or error-free.

Applicable law and disputes

These Terms are governed by the laws of [insert EU Member State], without regard to conflict-of-law rules that would refer to another jurisdiction, except that if you are a consumer habitually resident in the European Union, you benefit from any mandatory provisions of the law of your country of residence, and nothing in these Terms limits your non-waivable statutory rights.

Unless mandatory consumer law provides otherwise, the courts of [insert city and Member State] shall have jurisdiction over disputes arising from these Terms. Consumers may also have the right to bring proceedings in the courts of their place of residence under Regulation (EU) No 1215/2012 (Brussels Ia) where applicable. The European Commission provides an online dispute resolution platform (ODR) for consumers; we are neither obliged nor willing to participate in consumer arbitration bodies unless required by law.

Disclaimers and limitation of liability

The Service is provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, we disclaim all warranties, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, except where such exclusions are unlawful for consumers.

To the fullest extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, data, goodwill, or business opportunities, arising out of or in connection with your use of the Service, even if we have been advised of the possibility of such damages.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot be limited or excluded under applicable law, including mandatory consumer protection statutes. Where we are liable despite the foregoing, our aggregate liability arising out of or in connection with the Service shall be limited to the greater of (a) the amounts you have paid us for the Service in the twelve months preceding the claim, or (b) [insert low fixed sum in local currency], except where a different mandatory rule applies for consumers.