General Terms and Conditions of Use
1. INTRODUCTORY PROVISIONS
Welcome to the FilmBooster website (https://www.filmbooster.com/). This website supports education in the field of cinematic arts and brings movie fans together through discussions and through the rating and reviewing of films and series. With its extensive database of films, series and their creators, the website also comprises an informative map of their quality across genres and historical stages (hereinafter referred to as the “Website”).
Please carefully read these General Terms and Conditions of Use, which govern the use of this Website (hereinafter referred to as the “Terms and Conditions of Use”). By using this Website, you agree with these Terms and Conditions of use without any reservations.
If you have any questions regarding the use of this Website, you can contact us at the following address: https://www.filmbooster.com/contact-us/.
This Website is operated by the company FilmBooster IP s.r.o.,
Identification no.: 173 32 460, with its registered office at Londýnská 730/59, Prague 2 – Vinohrady, Postal Code: 120 00,
entered in the Commercial Register administrated by the Municipal Court in Prague, ref. no. C 370062 (hereinafter referred to as “FilmBooster”).
2. DEFINITION OF TERMS
2.1 The capitalised terms used in these Terms and Conditions of Use have the following meanings:
(A) Terms and Conditions of Use: these General Terms and Conditions of Use of the Website.
(B) Portal: the website at https:// www.filmbooster.com/.
(C) FilmBooster: the company FilmBooster IP s.r.o., Identification no.: 173 32 460, with its registered office at Londýnská 730/59, Prague 2 – Vinohrady, Postal Code: 120 00, entered in the Commercial Register administrated by the Municipal Court in Prague, ref. no. C 370062.
(D) User: a person who is registered in the FilmBooster Portal.
(E) Account: a registered User’s interface containing, among other things, his/her personal and other data and user posts.
(F) Civil Code: Act No. 89/2012 Coll., the Civil Code, as amended.
(G) GDPR: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
3. REGISTRATION AND USER ACCOUNT
3.1 Every person who wants to use all functionalities of the Portal shall register by completing the electronic form intended for such purpose on the Portal. Every such registered user may have only one active Account.
3.2 In the course of registration, the person registering is obligated to enter truthful and correct data exclusively about himself/herself. If the data set forth in the Account changes, the User is obligated to update such data without undue delay. The data set forth in the account is considered to be accurate and truthful. By means of such free registration, an Account will be created for the User.
3.3 The User logs in to his/her account under his/her user name and access is secured by means of a password. The User is obligated to maintain confidentiality with respect to the information required for access to his/her account and has the right to change his/her password at any time. The User may reset his/her lost or forgotten password by means of the form intended for such purpose on the Portal. However, the number of attempts to access the Account may be limited in order for FilmBooster to prevent fraudulent conduct.
3.4 The User is not authorised to enable third parties to use his/her account. In the event that the User enables third parties to access his/her account, FilmBooster shall not be liable for any damage that may arise on the part of the User or on the part of such third parties.
3.5 FilmBooster reserves the right to unilaterally cancel the User’s Account without stating a reason and without notification. In particular, this may involve deletion of the Accounts of Users who have not logged in for a period longer than three months or if FilmBooster suspects fraudulent or other illegal conduct on the part of the given User or third parties. If the User becomes aware of any fraudulent conduct, the User is requested to report such conduct to FilmBooster.
3.6 The User may at any time request cancellation of his/her account via the contact form on the Portal here.
3.7 Upon cancellation of the Account, all personal data and other data that FilmBooster processes in connection with the User will be completely deleted.
3.8 The User is aware that his/her account may not be available uninterruptedly. FilmBooster reserves the right to change or terminate any services provided on the Portal and to carry out hardware and software maintenance without prior notice. FilmBooster shall not be liable for any damage caused by any change or unavailability of the Portal.
3.9 The User shall pay any additional fees for access to and use of the internet.
4. RULES FOR USING THE PORTAL
4.1 Use of the Portal in the full extent is possible upon successful registration of the User. Use of the Portal is free of charge unless specified otherwise in a particular case.
4.2 The Portal can be used only in accordance with these Terms and Conditions of Use and with the generally binding legal regulations of the Czech Republic.
4.3 The Portal may not be used for the purpose of causing harm to other persons, sending or publishing unauthorised commercial or other messages, or sending data containing computer code capable of adversely affecting the functionality of hardware or software.
4.4 The User is not authorised to use the Portal in a manner other than for his/her own needs; in particular, use of the Portal in the form of its dissemination and copying or other technical processing without FilmBooster’s demonstrable consent is prohibited.
4.5 The Portal enables the publishing of ratings, reviews and other texts about individual films, series and television shows. By posting a rating or review via the Portal, the User also declares and guarantees that:
- his/her posts are in accordance with these Terms and Conditions of Use, particularly with the Code of Ethics pursuant to Article 6 of these Terms and Conditions of Use and with the principles of intellectual-property protection pursuant to Article 5 below.
- he/she is the creator of the post, is not assuming the identity of another person, is not using a false identity, and is not otherwise misleading others with respect to the origin of his/her post.
- his/her post is an original work and does not violate the intellectual-property rights of third parties and, in the general sense, is in accordance with Article 5 – Intellectual Property Rights of these Terms and Conditions of Use,
- all content that he/she shares is truthful.
4.6 In addition to the Code of Ethics set forth in Article 6 and Article 5 – Intellectual Property Rights of these Terms and Conditions of Use, the User further agrees and guarantees that he/she will not upload any content that:
- does not relate to the purpose of independent rating of films, series and television shows.
- contains a computer virus or instructions on the creation thereof or other potential disruptive or harmful computer programs or files.
4.7 FilmBooster reserves the right to restrict or terminate the access of any User who violates the rules set forth in these Terms and Conditions of Use and to not publish or to modify or to delete any comment or review in whose case FilmBooster is, based on its sole consideration, of the opinion that the Terms and Conditions of Use have been breached. FilmBooster further reserves the right to not publish the following:
- duplicate content.
- empty posts.
- incomprehensible content (e.g. content composed of strings of random characters or nonsensical groupings of words).
4.8 FilmBooster cannot guarantee that the User will have the option of editing or deleting any content that the User has published. Upon their publication, the User’s written posts and reviews may be checked for the purpose of ensuring that they are in accordance with these Terms and Conditions of Use.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 We regularly invest in the development of this Website. This Website and the elements that it contains (e.g. trademarks, images, texts, videos, etc.) are protected by intellectual-property rights and are subject to the regulations on copyrighted works pursuant to Act No. 121/2000 Coll., on Copyright and Rights Related to Copyright, as amended. Any use, duplication or display of this Website (or parts thereof) in any media other than for personal purposes is prohibited.
5.2 Via this website, FilmBooster provides the User with content intended solely for the User’s personal and private purposes. Any other duplication, display, modification or dissemination of this Website is prohibited.
5.3 The User is not authorised to use this Website in any manner that could be detrimental to the good name, reputation or rights of any third parties pursuant to the conditions set forth below.
5.4 In the event that the User places content on the Website in accordance with the Terms and Conditions of Use or if the User provides to FilmBooster image, sound, text or audio-visual material via the Portal, the User thereby grants to FilmBooster a licence to use such content or material if such material fulfils the characteristics of a copyrighted work or is otherwise protected by the Copyright Act, or to publish such content on the relevant Website. At the same time, the User grants to FilmBooster the right to associate such material with a different work or material and to modify it for the purposes of publication on the Website. The User is obligated to provide to FilmBooster or to place on the Website only such content and material in relation to which the User is authorised to provide to FilmBooster the rights mentioned in this paragraph. In the event of a breach of this obligation, the User shall be liable to FilmBooster for any damage arising as a result of such breach.
5.5 FilmBooster hereby informs the User that he/she is responsible for securing all necessary copyright licenses for use from all relevant rights holders in connection with any content that the User wants to publish or share via the Website, including all intellectual-property rights and rights to literary and artistic works, and industrial property rights, as well as personality rights (including rights to one’s likeness) so that the content can be used without any problems.
5.6 By means of this Website (Portal), FilmBooster provides to the User space intended for sharing user content such as reviews, ratings, texts, photographs, videos, opinions, etc. (hereinafter referred to as “User Content”). By publishing User Content on the Website, the User grants to FilmBooster a free, irrevocable, non-exclusive, transferrable, assignable, unlimited and unrestricted licence to duplicate, display, use, copy, alter, modify, edit, disseminate, translate and convert such User Content, to create derivative works based on such User Content, to incorporate such User Content into other works and to further disseminate such User Content (as a whole or parts thereof).
This license shall be automatically transferred to the legal successor of FilmBooster or, as the case may be, to any entity that becomes the new owner or operator of the Portal.
5.7 Materials associated with the topic of film (e.g. film posters, photographs, promotional videos such as interviews, trailers and behind-the-scenes films) that are published on the Portal by the User or by FilmBooster are not by any means published for commercial purposes. By publishing such materials, FilmBooster neither establishes nor asserts its own copyright or other rights to those materials.
5.8 With the exception of personal data, the content that the User uploads to the Portal is not considered to be confidential or private and can be copied, published and distributed to third parties by FilmBooster.
5.9. The User shall bear in mind that social networks are platforms under the ownership of third parties and, therefore, the dissemination and use of User Content on such social networks are governed by the terms and conditions of use established by such third parties. Therefore, FilmBooster does not bear any responsibility for any use of content by FilmBooster itself or by any third parties in accordance with the terms and conditions of use established by such social networks, including, in particular, in connection with the scope and duration of rights for which a license has been granted. The User shall bear responsibility for dealing with any demands from third parties in connection with the use of content in accordance with the terms and conditions of use established by social networks.
5.10 FilmBooster hereby further informs the User that any content published by the User on the Website can appear in the results of internet search engines and can therefore be accessible to persons outside of this Website.
5.11 Any User Content that the User publishes on this Website is published based on the User’s decision to do so and the User shall bear sole responsibility for it. FilmBooster is responsible only for its own content published on the Portal. Outside content, i.e. particularly content published on the Portal by the User, is the responsibility of the User who published the content. The User is further responsible for ensuring that such content does not violate the rights of any third parties. FilmBooster is not responsible for content published by the User on the Portal, nor is it responsible for the accuracy, correctness or up-to-date nature of such content.
5.12 The User shall bear in mind and express agreement with the fact that FilmBooster retains data that could potentially lead to the identification of the User publishing User Content on the Portal.
5.13 FilmBooster is not in any way responsible or liable for any assurances of persons or entities advertising on the Portal and is not a party to any legal relationship that the User may establish with such third parties.
FilmBooster hereby informs the User that User Content may not be in conflict with the legal regulations of the Czech Republic in force or with generally accepted moral principles or with the principles set forth in these Terms and Conditions of Use. With respect to this, FilmBooster reserves the right to remove, at any time, any User Content that is in violation of these Terms and Conditions of Use, including the Code of Ethics pursuant to Article 6 of these Terms and Conditions of Use.
6. CODE OF ETHICS
6.1 FilmBooster respects values such as mutual tolerance and mutual respect.
For this reason, when using the Website, the User undertakes that he/she will not:
- publish any racist, violent, xenophobic, defamatory, abusive, obscene or illegal comments.
- disseminate any content that could be harmful, derogatory, unauthorised or defamatory, or content that would violate the rights to protection of privacy or personality, incite violence or racial or ethnic hatred, or that could be considered substantially immoral or inciteful of certain criminal or other illegal acts.
- use the Website for political, propagandistic or religious purposes.
- use the Website for purposes other than those for which it is intended, including the use of the Website as a dating site.
- disseminate any information that could directly or indirectly make it possible to identify a person or a person’s name and personal data, e.g. surname, address, e-mail address and/or telephone number, without such person’s prior express consent.
- disseminate any information or content that could be upsetting for child visitors of the Website.
- intimidate or harass others.
- allow any illegal activities, including activities that may violate the rights of any person or entity to any software, photographs, images, texts, videos, etc.
- disseminate content (including photographs and videos) depicting minors.
6.2 If the User becomes aware of any User Content that would be tolerant of crimes against humanity, incite racial hatred or violence, or would be connected with child pornography, the User shall inform FilmBooster of such fact here. In his/her message, the User shall state the date when he/she discovered the content in question, his/her identity, the URL address, a description of the content and the user identification data of the content creator.
6.3 If the User believes that any User Content is in conflict with the above-mentioned principles or is in violation of the User’s rights or the rights of third parties (e.g. any breach, offence or invasion of privacy), the User can inform FilmBooster of such fact by means of the contact form here or send FilmBooster a letter containing all details to the following address: Londýnská 730/59, Prague 2, Postal Code 120 00. In his/her letter, the User shall state the date when he/she discovered the reported content, his/her identity, the URL address, a description of the content and the user identification data of the content creator.
This notification should contain the following:
- date of notification.
- if the sender is a natural person: surname, first name and middle name, if any.
- description and specific location of the reported content (e.g. a link to the URL of the reported content).
- the reasons that such content should be removed, including links to the relevant legal regulations and an explanation (substantiation) relating to the reported facts.
- a copy of all correspondence sent to the creator and/or publisher of the reported content or activities in which the User requests that the content no longer be made public or that it be removed or altered, or the reasons that the User was unable to contact the creator or publisher.
6.4 Incomplete notifications may not be taken into consideration. If, in reporting any content or activity as being illegal, anyone states false or inaccurate information in order to have such content removed or to halt its dissemination, FilmBooster is not required to take such notification into consideration.
7. INFORMATION PRESENTED ON THE WEBSITE
7.1 FilmBooster hereby informs the User that inaccuracies and deficiencies may appear in the information presented on the Website, particularly due to the involvement of third parties. FilmBooster thus undertakes to remove any such inaccuracies and to supplement missing information as soon as it is possible to do so.
7.2 Advice provided on this Website consists only in recommendations that must be further verified with relevant experts if necessary. The information contained therein serves solely for general orientation and is by no means a substitute for consultation with experts who specialise in the given area. Therefore, FilmBooster cannot guarantee the User’s complete satisfaction with such advice and does not bear any responsibility for the use thereof on the User’s part.
7.3 By using hypertext links shown on the Website, the User can reach websites operated by third parties whose content FilmBooster has no control over. For this reason, such hypertext links on the Website serve solely for the User’s convenience in browsing the internet, and viewing the websites of such third parties is done based on the decision of the User, who shall bear sole responsibility for such decision.
8. PERSONAL DATA
8.1 Information on how FilmBooster handles the User’s personal data is available in Principles of Personal Data Protection.
9. CHANGES TO THE WEBSITE AND THE TERMS AND CONDITIONS OF USE
9.1 The content and information presented on the Website and in these Terms and Conditions of Use may be amended, particularly for the purpose of complying with any new legal and/or administrative regulations or the purpose of improving the Website.
9.2 In accordance with these Terms and Conditions of Use, FilmBooster shall inform the User of any changes via the Website. If any such change does not require the User’s express consent, continued use of the Website shall be considered the User’s acceptance of the new Terms and Conditions of Use.
10. EXCLUSION OF LIABILITY
10.1 FilmBooster makes every effort to ensure uninterrupted access to the Website. Unfortunately, it is not possible to guarantee the uninterrupted availability and accessibility of the Website. In exceptional cases, it may be necessary to suspend access to the Website or parts thereof, particularly for the purpose of technical maintenance.
10.2 FilmBooster hereby further states that the internet, information technologies and telecommunications networks are not infallible and disruptions of operation and failures can occur. With respect to such fact, FilmBooster cannot guarantee their correct functioning and is therefore not liable for any damage that may occur in connection with using the internet, information technologies and telecommunications networks in general, including, in particular, the following:
- poor quality of signal for sending and receiving any data or information via the internet.
- any external attack or computer virus.
- any failure of the receiving equipment or communications networks
- any failure of the internet that could hinder the proper functioning of the Website.
10.3 FilmBooster’s liability is limited to direct damages with the exclusion of any other damages and losses. More precisely, FilmBooster does not bear any responsibility for indirect damages, particularly in connection with the loss of profit, revenues or goodwill.
11. FINAL PROVISIONS
11.1 These Terms and Conditions of Use are governed by the legal regulations of the Czech Republic in force, particularly the Civil Code.
11.2 In event of any questions, the User may contact FilmBooster here.
11.3 If any disputes arise between FilmBooster and the User that cannot be resolved amicably, the User has the right to contact the Czech Trade Inspection Authority, where the given dispute between FilmBooster and the User can be resolved out of court. The form pertaining to out-of-court resolution of consumer disputes is available here: https://adr.coi.cz/cs.
Published by FilmBooster IP s.r.o.
Date: 23 March 2023