Hollydan Works Canada Inc, (herein referred to as ‘HWC Flix’), operates an Internet service using the URL https://www.hwcflix.com/. The primary purpose of this website is to provide a tele-media Video on Demand service. In particular, the HWC Flix platform offers a streaming service. This service allows HWC Flix users to stream films from an online platform for personal, non-commercial use.
The use of services offered by HWC Flix and the use of the HWC Flix website and platform is permitted only under the stipulation that users comply fully with the Terms and Conditions of Use as outlined in this contract.
Any misuse of, or unauthorized modification to, the HWC Flix Internet website and its contents is strictly prohibited. In particular, the copying or culling of information from user groups, user forums and comments, indexes, catalogs and databases, etc. is not permitted and will be prosecuted to the full extent of the law. Furthermore, any form of reproduction, dissemination or distribution of any and all HWC Flix content, or parts thereof, without expressed written permission from HWC Flix, is prohibited.
Uninterrupted availability of the HWC Flix website is not guaranteed. Although we make every effort to achieve maximum accuracy, we do not claim or guarantee that information on our website, its contents or entry listings, is full, complete or correct.
The following list of General Terms and Conditions of Use is valid for all legal transactions conducted between HWC Flix and End Users. These terms and conditions are considered accepted by the End User at the time any HWC Flix content or service is viewed, ddownloaded or utilized. The General Terms and Conditions of Use are available anytime online on the HWC Flix website.
Area of Agreement
HWC Flix cannot be held subject to deviating or contradictory general terms and conditions of use put forth by End Users or of Partners, and this remains true even if HWC Flix does not object explicitly to such terms and/or if HWC Flix renders services as promised. Furthermore, this remains true even if the End User or Partner stipulates a specific form of contradiction or objection to the terms as stated herein. If objection to said terms is debarred, contradictory conditions will be replaced by legal provisions. An agreement to any conditions deviating or contradictory to our own will be deemed binding only if these conditions have been agreed to by HWC Flix in writing. HWC Flix expressly retains the right to change or modify its conditions and terms at any time in the future. End Users and Partners will be informed of changes on the website portal and/or per email. The user consents to these terms by registering or logging in.
HWC Flix reserves the right to transfer its contractual rights and duties to one or more third parties (transfer of contract or Novation Agreement). The above not withstanding, HWC Flix reserves the right, at any time and without forewarning, to discontinue the portal, the services offered therein, or parts of those services. To the same extent, the usage rights of users will be terminated.
By using the service, users agree:
– to use accessed films for personal, non-commercial use only.
– not to show accessed films in public. Furthermore, users agree not to allow public access when a film is running, not to permanently or locally save or store, nor send, process, copy, disseminate, publicly play, advertise for, or in any other way distribute, circulate, or exploit the accessed films or aid in any such unauthorized use, nor to use the film for any other reason, or in any other form, other than has been explicitly authorized in this contract; films with licenses for educational use are subject to the terms for educational licenses. For more information, please contact firstname.lastname@example.org.
– not to circumvent, disable, or interfere with secure streaming technology or any technical security measures and/or data used.
Users must comply with national and international copyright and intellectual property rights law. Any film accessed must be used in compliance with the usage rights stipulated in this contract. The user is expressly prohibited from removing or modifying any copyright, property rights, and/or trademark notices. As a rule, users have the right to terminate contracts that have been entered into over the Internet (distance contracts). However, this right to terminate expires before the end of the revocation period in the event that HWC Flix has begun to provide services that have been placed with the explicit consent of the user before the end of the legal revocation period, and/or the user initiates this himself or herself (for example, by accessing content provided by HWC Flix). This is the case if any HWC Flix service is used, so that the right to terminate this contract expires once a film has been successfully accessed by users.
HWC Flix retains the right to alter at any time its film selection and description of service (for example, when updating film catalogs). The same applies to the technical specifications for film access. In the event that a change in technical specifications affects the necessary technical requirements of users, HWC Flix will inform users of such change. It may occur that, due to licensing agreements, availability of certain films may be limited to specific geological regions, and may not be accessible worldwide. Film availability in such instances will be limited by way of geo-targeting and IP-blocking technologies.
The user of HWC Flix is authorized to rate films and film titles and to write comments and to make personal submissions to the platform. In regard to user entries and comments in the realHWC Flix.de blog, be aware that insulting language is not permitted. Submissions or comments made by users do not in any way represent the opinion of HWC Flix. HWC Flix will make every effort to publish user submissions as quickly as possible. The user hereby acknowledges that the HWC Flix content is subject to change. Users are not legally entitled to uninterrupted access to, or publication of, any user submission.
HWC Flix is authorized, in particular for its own search function, to improve the way the platform offers or displays texts, pictures, and videos by creating thumbnails (small preview images), and to publish these on its website portal. Furthermore, HWC Flix is authorized to store and distribute content to third parties if provided for under mandatory statute, or, if according to our best judgment, such action is deemed necessary and permitted by law in order to:
1. fulfill legal requirements or court order or official directive,
2. to enforce these Terms and Conditions of Use,
2. to fulfill third-party liability claims based on an enforceable rights infringement or violation of the law, or
4. to ensure the rights, the property, or the personal safety of HWC Flix, its users, and/or the general public.
Warranty and Liability
Because HWC Flix platform operates in real-time mode, it is not feasible for HWC Flix to audit all member submissions. HWC Flix, as a general rule, does not audit member submissions, nor does HWC Flix audit content provided by users. Therefore, HWC Flix does not assume liability for the form, accuracy, appropriateness, or quality of such content. Authors of submissions to the website are responsible for their own submissions, and they agree not to contribute content or make entries that: violate existing Canadian law or the rights of third parties (copyright, trademark, personal rights, and name and publicity rights); violate these terms and conditions of use; or go against accepted principles of morality or public decency. The same applies to the user name chosen by users. In addition, it is prohibited for users to make comments, disseminate, or otherwise make content or information available that is libelous, offensive, abusive, discriminating, or otherwise illegal. The same applies to choice of user name, regardless of form (text, link, image, sound recording, etc.).Furthermore, the user agrees to abstain from actions that impair or could impair the functionality or performance of the HWC Flix portal. HWC Flix is not required to publish users submissions. HWC Flix is authorized to reject contributions by members or users, and subsequently prohibit them from making future contributions at any time, and without stating grounds.
Furthermore, HWC Flix retains the right to prevent at any time, also subsequently, users from participating in or using some or all of its services if it becomes known that these users:
– abuse services or product offerings, for example through the use of “robots”, “spiders” or “offline” readers or other similar malware,
– fail to comply with or violate contract specifications,
– violate the rights of HWC Flix or third parties,
– use the HWC Flix service or portal in such a way as to jeopardize the good reputation of HWC Flix.
Users are liable to HWC Flix for any damages, costs and expenses arising from any violation to the contractual agreement between HWC Flix and users, in particular those obligations arising from the regulations contained herein, and releases HWC Flix from any third party claims upon initial request. This also includes the costs for adequate legal representation. This provision is not applicable in the event that a user is not responsible for the violation. Burden of proof rests in all cases on the user.
Furthermore, in the event of liability, violations against this contractual agreement between HWC Flix and the user, as well as in the event of reasonable and serious grounds for suspecting such infringements of user contractual obligations, HWC Flix is authorized to suspend the service or features related to the infraction. Along these same premises, HWC Flix is also authorized in the event of good cause, to immediately terminate this contractual agreement without prior notice. HWC Flix’s liability is limited exclusively to malicious intent, gross negligence, or negligent breach of contractually significant obligations. This liability is limited to foreseeable, typically occurring damages. Above mentioned is not applicable if HWC Flix has misrepresented or failed to disclose a defect, or has assumed guarantee for the existence of a feature. The same applies for HWC Flix’s vicarious agents.
Liability for culpable injury to life, body, or health, as regards product liability law, remains unaffected. HWC Flix is not liable, except in the case of malicious intent and gross negligence, for the misuse of information by other users, or by third parties, or for unauthorized third parties obtaining user information. Likewise, HWC Flix is not liable for damages due to disruptions of service caused by third parties, as, for example, by viruses, email bombing, DDoS attacks or for similar damages for which HWC Flix is not accountable. Further claims of the user, especially damage claims due to lost profits or other lost property or financial damages are excluded.
HWC Flix attempts, to the best of its knowledge, to keep its Internet site content and services free of viruses, worms, trojans, and other malware. In the event that HWC Flix is liable for a disruption to service that prevents or considerably disrupts contractual use of an accessed film, HWC Flix will, at its own discretion, either immediately make improvements to, or provide replacement for, the film in question. In accordance with Canadia Civil Code, HWC Flix cannot be held liable, regardless of negligence or fault, for damages due to defects already in existence at the time this contract goes into effect. Users shall immediately report any noticeable service malfunction by mailing a service disruption report to email@example.com (malfunction report).
The user is aware that HWC Flix and third parties (rights holders) hold copyrights to content on the website. All materials available on the portal (text, pictures, graphics, music, animation, etc.), as well as the related layouts, are protected by copyright laws. These rights are owned by HWC Flix. HWC Flix also owns all rights to the web design, trademark, usage rights and technologies therein. In the event of infringement of the aforementioned obligations, HWC Flix is entitled to full compensation for any resultant damages.
Publication rights to submissions made by users will be transferred permanently and irrevocably to HWC Flix, or the provider, at the time these submissions are sent – as long as the user is the legal holder of these rights. Submissions to which the sender is not publication rights holder may be submitted and published. However, the user warrants that in doing so, the rights of third parties will not violated.
Users agree to handle with confidentiality, and not to disclose to third parties, all files, data, and or any other information received or obtained from other users within the capacity of this website’s service or features unless authorized by the individual in question.
Data Privacy Protection
If the user is a merchant, a legal entity under public law, a special fund under public law, or has legal domicile outside of the Canadian Federal Republic, the place of fulfillment and sole jurisdiction shall be those of the user of these provisions. HWC Flix can also file suit in a court of law at the place of jurisdiction of the user.