TERMS OF USE Thank you for visiting dhliz.com (“the Site”) which is owned and operated by International Digital Knowledge and Entertainment Services Limited (hereinafter referred to as “the Company”, “us” or “we” or “our”). The below are the terms on which we provide our services to you on the Site. Please read these Terms of Use carefully as they constitute a binding legal agreement between you and us. By accessing, viewing, uploading information onto the Site or otherwise using the Site in any way, you acknowledge that you have read, understood and agree to be bound by these Terms of Use, our Privacy Policy (which can be accessed here: https://dhliz.com/privacy-policy and our Cookies Policy (which can be accessed here: https://dhliz.com/cookies-policy. We recommend that you print a copy of all of the above policies for your future reference. If you do not agree to these Terms of Use and/or our Privacy Policy and/or our Cookies Policy then you must not use the Site in any way. Please note that it is also possible for third parties to use the Site to advertise and/or promote their business (such third parties will hereinafter be referred to as “Advertisers”). If you wish to be an Advertiser, you are also required to agree to our Advertiser Terms of Use. If you are an Advertiser, we recommend that you also print a copy of the Advertiser Terms of Use for your future reference. Ownership As outlined above, this Site is owned and operated by the Company. Our registered office is 79 Barclay Court, Blackrock, Co. Dublin. All rights in this Site are owned by the Company. Any unauthorised use, copying or modification is prohibited. Privacy Your privacy is important to us. Please read our Privacy Policy (which can be accessed here https://dhliz.com/policy/privacy to see how we collect, use and protect your personal information. Please do this before using the Site in any way. Through your use of the Site, you consent to the collection and use of your information as set out in the Privacy Policy. Capacity Persons under the age of 18 are not permitted to view, register with or use the Site in any way without the prior consent of a parent or guardian. We cannot and are not required to verify the age of users of the Site. By using the Site you hereby warrant that either you are over 18 years of age or that you have obtained the consent of a parent or guardian to use the Site. Changes to the Terms of Use We reserve the right, at our absolute sole discretion, to change, modify, add to or delete clauses contained in these Terms of Use at any time. When we do this, we will notify you of the changes by including the word “updated” in the link to the Terms of Use on the Site for one month after the date of the change. However, it is your responsibility to regularly review the Site’s Terms of Use for changes. By continuing to use the Site you agree to be bound by any such changes. Scope of our service The Site is an online platform where information relating to films is provided to users. Users can view, search, rate, review, share, and suggest edits to the information related to films, people and companies working in the film industry. The Site is not intended to be a comprehensive database. All Users can access the individual pages of each film and view information relating to the cast and crew of the film. They may also view data such as plot summaries of each film, tags relevant to the film plot, goofs, quotes, trivia, mentions, advertisements, facts, rating and criticism. Users may also access pages of cast and crew members to view information such as personal details, professional network, filmography, rating and criticism. Registered Users (as defined in Clause 6 below) also have the ability to upload content to the Site and/or edit information on the Site and/or make suggestions for amendments to the site by contacting us using the contact form at the bottom of every page. This facility is not available to users of the Site who are not Registered Users. Registered Users It is possible to set up an account with the Site by providing us with certain registration details (such users shall hereafter be referred to as “Registered Users”). You can become a Registered User in one of two ways, namely: By providing us with details of your email address and choosing a username (by which you will be identified when using the Site when logged in to your account) and a password; By providing us with details of your Facebook account and setting up the account using these details. If it is necessary for you to select a password for your account, please use a strong password i.e. a password which is made up of a combination of numbers, upper and lower case letter and symbols. If you set up an account using your Facebook account, it may be necessary to obtain information about you from Facebook. Facebook has its own terms of use, privacy policies and/or cookies policies and your use of Facebook will be governed by and subject to those policies. You understand and agree that the Company does not endorse and is not responsible or liable for anything done by or featured on Facebook. However, you agree to give us access to the information you have provided to Facebook. Please see our Privacy Policy for more details. You will be asked to specifically accept these Terms of Use, our Privacy Policy and our Cookies Policy in order to become a Registered User. Please note once you enter your username and password and indicate your acceptance of these Terms of Use, a request for registration will then be sent to us and we will then decide, at our absolute sole discretion, whether to accept you as a Registered User or not. We reserve the right to request documentary evidence that you are who you say you are. In becoming a Registered User, you agree: That you and only you shall be responsible for all activities occurring on the Site using your account; That you will keep your password confidential; That you will not provide any false and/or misleading information to us; That you will not use a username that is vulgar, offensive, contains any profanity, promotes illegal activity, violates any trademark or other proprietary right of any third party or otherwise breaches these Terms of Use; That you will only create one account for yourself; That you will not create a username that contains the words International Digital Knowledge and Entertainment Services or dhliz, or any words confusingly similar thereto or otherwise misrepresents your relationship with us. That you will notify us immediately if you become aware of any unauthorised use of your account or access to your password. We reserve the right to block anybody from becoming a Registered User at our absolute discretion. We reserve the right to change usernames at our discretion. We will not be liable for any loss that you may incur as a result of someone else accessing the Site using your account, either with or without your knowledge. You acknowledge that you may be held liable for losses incurred by us or any other party as a result of someone else using your account to access the Site if you have not taken reasonable steps to keep your password or account secure. We reserve the right to log off or deactivate accounts that are inactive for an extended period of time. We reserve the right to ignore, adopt or amend in any way we see fit any suggestions we receive from Registered Users pursuant to Clause 5.3 above. You acknowledge and agree that we may, at our absolute discretion, delete material posted and/or uploaded by you without prior notice and you shall not be entitled to any compensation in respect of this. These Terms of Use, including, in particular, the indemnities contained herein, shall survive any suspension or termination of your account. Using the Site The Company and/or its owners have no responsibility for or liability arising out of or in connection with any material present on the Site. Any views or comments expressed by any Registered User or Advertiser on the Site are not necessarily the views of the Company, its owners or any entity associated with it. We are not responsible for and do not endorse the contents of posts and/or uploaded information by any Registered Users or Advertiser on the Site. We do not warrant the accuracy, completeness, truthfulness, legality or reliability of posts and/or any material on the Site whether uploaded by us, Registered Users or Advertisers or otherwise contained on the Site. You agree to fully indemnify the Company, its investors, owners, successors, subsidiaries, affiliates, co-branders, contractors, employees, servants, contributors, third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, against any loss, damage, costs (including legal costs) claims, liabilities or expenses which such persons may suffer or incur arising directly or indirectly in consequence of your posting and/or uploading any material on the Site. For the avoidance of doubt, the indemnity you give to any and all if the above named persons is effective in respect of any and all legal proceedings including any and all possible causes of action that may result from any breach of these Terms of Use and/or applicable law. We expect all Registered Users to act responsibly in posting material and/or uploading information/material. You agree not to post and/or upload any material which: infringes the copyright, patent, trademark, trade secret, database right, right of privacy or publicity or other proprietary or intellectual property right of any party; violates the criminal law; promotes or encourages illegal activity; bullies, intimidates or harasses any other user; is sexist, racist, offensive on the grounds of religion, nationality, demographic group, or otherwise; is personal information about other users and/or other third parties unless you have the express permission of those users and/or third parties; is defamatory, invasive of privacy, abusive, harassing, threatening, profane, violent, sexually explicit, or which otherwise violates the rights of others; may prejudice ongoing civil or criminal proceedings, violate the sub judice rule or may otherwise amount to a contempt of court; includes any spam, unauthorised advertising or any other form of commercial publicity; is irrelevant, repetitive or imposes an unreasonable or disproportionately large load on the Site’s servers, bandwidth or infrastructure; encourages or facilitates any violations of these Terms of Use; or contains any virus, Trojan horse, worm or other harmful and/or disruptive material. We cannot and are not required to review the contents of posted and/or uploaded material, nor do we confirm the validity of information submitted. You acknowledge, agree and understand that by using the Site you may be exposed to material that is inaccurate, untruthful, unreliable, offensive, harmful or otherwise inappropriate. We hereby notify you that we do not actively monitor posts and/or uploads by any Registered Users or Advertiser on the Site and, as such, we are not responsible for and give no warranty or representation in relation to posts and/or uploads by any Registered Users or Advertiser. You acknowledge that we have no obligation to pre-screen, monitor, review or edit any material posted and/or uploaded on to the Site by Registered Users and/or Advertisers. You are encouraged to bring any material you deem defamatory, offensive, objectionable or otherwise in breach of these Terms of Use to our attention by using the contact form or clicking on the “report material” link at the bottom of each page and identifying the specific material that you consider is defamatory, offensive, objectionable or otherwise in breach of these Terms of Use and the reasons you would like it removed. You will be asked to provide sufficient information to permit us to contact you and also the Registered User or Advertiser who has posted or uploaded the material in question. You will also be asked to send us an email to us at content@dhliz.com containing the same information. Please note that this email address is only monitored during the office hours of the Company which are from 9am to 5pm GMT from Monday to Friday (excluding any bank holidays or national holidays). Any emails received outside these times will not be dealt with until the office re-opens. The Company operates on a "notice and takedown" basis. Once this notification has been received and reviewed by us, we will make all reasonable endeavours to remove the material complained of within a reasonable time. We have no responsibility for or liability for any loss or damage to any user or Advertiser arising out of any material uploaded to or posted on the Site and in particular we have no liability for any loss or damage to the reputation of any user or Advertiser arising out use of the Site by them or by other users or Advertisers. While we do not monitor comments and/or uploaded information/material, we reserve the right to remove, refuse to publish, edit, cut and/or crop any material posted and/or uploaded on the Site that comes to our attention via a complaint or otherwise. Users who repeatedly flout these Terms of Use will be barred from using the Site. We reserve the right to immediately ban a user if there has been a serious breach of these Terms of Use. All decisions in relation to these matters are carried out at our sole discretion. We reserve the right to reveal your identity (or whatever information we know about you) in the event of a complaint or legal action arising from any material posted and/or uploaded by you on the Site. We assume no responsibility for the deletion or the failure to store comments or other information/material posted and/or uploaded on the Site by any customer, Advertiser or any other user of the Site. By posting and/or uploading any material to the Site, you grant us an irrevocable licence to use, modify, publicly perform, publicly display, reproduce and distribute such material. The licence you grant to us is irrevocable, non-exclusive, royalty free and fully paid, sub-licensable and worldwide. You also waive to the fullest extent permissible by law any moral rights in such material. You are responsible for making sure that you have all rights to what you post, including the rights necessary for you to grant the licence above. By posting and/or uploading any material on the Site you represent and warrant that: you own the material posted by you or otherwise have the right to grant the licence above; and the posting of the material does not violate the privacy rights, publicity rights, intellectual property rights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, or any other monies owing to any person by reason of any material posted by you. Material posted and/or uploaded on to the Site may contain links to websites operated by third parties. We do not exercise any control or supervision over the content of these linked sites. You acknowledge and agree that we are not responsible or liable for the content, availability or accuracy of or for the opinions expressed in these third party websites and these websites are not investigated, monitored or checked for accuracy or completeness by us. We accept no liability in relation to third party sites and should you choose to access third party sites you do so at your own risk. Third party sites linked to via the Site are not covered by these Terms of Use and you should not assume that these third party websites will abide by the same Privacy Policy to which we adhere. We reserve the right to contact you directly to verify the accuracy and ownership of any material posted and/or uploaded on the Site. We are entitled to remove and/or block any user from the Site for any breach of these Terms of Use and/or our Privacy Policy and/or our Cookies Policy and/or for any other reason whatsoever in cases where we deem it appropriate to do so. You agree not to modify, adapt, translate, or reverse engineer any portion of the Site, nor to use any robot, spider, or other device to screen-scrape any portion of the Site or any material from the Site, except as expressly authorised in writing by us. Intellectual Property All intellectual property rights in the Site (including but not limited to the website design, text, graphics, the selection and arrangement of the Site) and all software related thereto (with the exception of such intellectual property rights owned by or licensed to third parties and used by the Company with the consent of such third parties) vests in the Company and/or its owners. The Company reserves all of its rights with respect to its intellectual property rights. You acknowledge that, unless otherwise indicated, the Company is the sole owner of all content on the Site including, without limitation, all trademarks, trade names, service marks, rights (registered or unregistered) in any designs, applications for any of the foregoing, trade or business names, innovations, inventions (whether or not capable of protection by patent or other registration), registered design and topography rights, know-how, including data specifications, drawings and instructions, secret formulae and processes, rights protecting goodwill and reputation, database rights and rights under licences and consents in relation to such things, rights in the nature of unfair competition rights, and rights to sue for passing of and all rights or forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world and all copyright, trademarks and other intellectual property rights. Without prejudice to the generality of Clause 8.2 above, the Company does not claim to hold any intellectual property rights (other than the licence granted in Clause 7.13 above) to any material posted and/or uploaded by users to the Site. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, the material at the Site without our written permission. We respect the intellectual property rights of others. If you believe that any material published on the Site infringes any intellectual property rights, please report it by using the contact form or clicking on the “report material” link at the bottom of every page and identifying the specific material that you consider infringing and providing sufficient information to permit us to contact the complaining party and also by sending an email to us at content@dhliz.com identifying the specific material that is claimed to be infringing and providing sufficient information to permit us to contact the complaining party. Please note that this email address is only monitored during the office hours of the Company which are from 9am to 5pm GMT from Monday to Friday (excluding any bank holidays or national holidays). Any emails received outside these times will not be dealt with until the office re-opens. The Company operates on a "notice and takedown" basis. Once this notification has been received and reviewed by us, we will use all reasonable endeavours to remove the infringing content complained of within a reasonable time. No Warranty We give no warranties of any kind concerning the Site or its content. We do not give any warranty or make any representation as to the accuracy or completeness of the information contained on the Site. We therefore disclaim all liability and responsibility arising from any reliance placed on such material by any user, or by anyone who may be informed of any of its contents. We do not warrant that the Site or any of its contents is virus free. You must take your own precautions against such viruses as we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties. Liability Under no circumstances shall the Company be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation: internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in electricity or other utility supply. Under no circumstances and in no event shall the Company be liable for any direct or indirect, incidental, consequential, special or exemplary damages or loss howsoever arising, (including but not limited to negligence or breach of these Terms of Use or otherwise) or for any loss of data, profit, revenue, goodwill or business howsoever caused even if that loss or damage was foreseeable by us, or the possibility of it was brought to our attention. You acknowledge that your use of the Site including any material downloaded or otherwise obtained through the Site is at your own discretion and risk and you agree to waive to the fullest extent permissible by law any right to bring any claim or action against the Company, its investors, successors, subsidiaries, affiliates, co-branders, contractors, employees, servants, contributors, third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, for any loss, damage, costs or injury arising from such use. The Advertisers are not agents and/or employees of the Company. The Company or its affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any Advertisers. Indemnity You agree to indemnify, defend (at the request of the Company) and hold harmless the Company, its investors, successors, subsidiaries, affiliates, co-branders, contractors, employees, servants, contributors, third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any claim, demand, loss, damage, cost or liability including reasonable legal expenses, made or brought by any third party due to or arising out of: Your use of the Site or any part thereof; The violation of these Terms of Use and/or our Privacy Policy and/or our Cookies Policy by you; The infringement or misappropriation by you, or a third party using your computer, of any account or password to access and/or use the Site; or The infringement by you of any intellectual property rights or any other rights or any third party. Information Society Service Provider / Intermediary Service Provider You agree and acknowledge that the Company is an information society service provider and intermediary service provider, within the meaning of Directive 2000/31/EC as transposed into Irish law by the European Communities (Directive 2000/31/EC) Regulations 2003 (SI 68 of 2003), and that, where it stores information provided by a recipient of the service, it is not liable for such information nor is it under an obligation to monitor such information. No Waiver Any amendment to or waiver of these Terms of Use by you must be in writing and signed by our authorised representatives. Failure by us to enforce any provision of these Terms of Use shall not amount to a waiver of such provision. Severability If any provision of these Terms of Use is found to be void, invalid or unenforceable the remaining provisions will continue to be of full force and effect. Availability of Service We may at our sole discretion and at any time discontinue temporarily or permanently the Site or any part thereof with or without notice. You agree that any termination of access to the Site under any provision of these Terms of Use may be effected without notice and acknowledge and agree that we may immediately delete all related information and files uploaded, posted or relating to you and/or bar any further access by you to the Site. The Site may be temporarily unavailable from time to time for maintenance or other reasons. We accept no responsibility for any error, omission, interruption, deletion, defect, delay in transmission, communication line failure, theft or destruction or unauthorized access to, or alteration of user communications. Where possible, we will use reasonable efforts to give users fair notice of technical difficulties or termination or suspension of their access to the Site. However you agree that we shall not be liable to you or any third party for any inability to access the Site, termination or suspension of access to the Site or modification of the service provided. Assignment We may assign any or all of our rights under these Terms of Use to any third party. You may not assign any of your rights under these Terms of Use to any third party. Governing Law and Jurisdiction These Terms of Use and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with Irish law. You hereby irrevocably agree that the Irish courts shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms of Use or their subject matter.
