TheFilmpedia’s Terms of Use

October 2022

1. Scope of Application and Use

1.1 These Terms of Use shall apply to use of the offering on the website https://www.thefilmpedia.com (hereinafter “Website”) and in the TheFilmpedia apps (hereinafter “TheFilmpedia” in both cases) of TheFilmpedia (hereinafter “we” or “us”).

1.2 The use of the service on TheFilmpedia is intended for personal and non-commercial use only and only for users of adult age. Any user who is not yet an adult must have the permission of his/her parents or legal guardian, insofar as this is legally permissible, and the parents or legal guardian must have acknowledged these Terms of Use.

1.3 Applications for mobile devices (TheFilmpedia apps or apps) are normally not provided by us directly, but by a third-party provider (hereinafter “App Store”). We do not warrant that TheFilmpedia will be identical on all mobile terminal devices in terms of functionality and design. Additionally, users should view their respective App Store’s terms of use.

1.4 TheFilmpedia shall be made available “as it is” and “as available” without any warranty whatsoever being provided explicitly or by implication. We expressly refuse to give any representations or warranties, including implied warranties of merchantability, applicability for a specific purpose, availability, safety, ownership or non-infringement of rights.

We do not warrant that TheFilmpedia is free of inaccuracies, faults, bugs or interruptions, or that it is reliable, faultless, complete and otherwise valid. We do not warrant that TheFilmpedia meets the user’s requirements, that it will be available without interruption, or that the results of its use will be accurate or reliable, that the quality of the products, services, information or other material received via TheFilmpedia will meet the user’s expectations, or that faults regarding TheFilmpedia will be rectified.

Use of TheFilmpedia shall take place at the user’s own discretion and his/her own risk. The user shall bear sole responsibility for all damage or loss incurred as a result of his/her use of TheFilmpedia, including damage to his/her system or loss of data.

1.5 We reserve the right to adapt and update these Terms of Use.

2. Usage Options

2.1 Users can use TheFilmpedia’s offerings without having to create an account. On TheFilmpedia , users can, among other things, discover films and series, blogs, movie related videos, movies and series lists, and obtain information on where these can be legally streamed.

2.2 However, users can also use TheFilmpedia with a free account. To do so, they merely need to register using an email address. The advantages of a free account are that users can create their personal watchlist (referred as playlist on TheFilmpedia) and access their personal watchlist from any device they use to log in, they can connect with other TheFilmpedia users on forums and comments, and they can rate movies and post their reviews and thoughts about any movie or series.

2.3 In addition to TheFilmpedia’s free core features, users can activate further features as part of a yearly fee-based subscription, called “TheFilmpedia Pro”. These include, among other things, getting hand-picked personalized movie and series recommendations according to the unique taste of each user, exclusive videos featuring interviews, behind the scenes footage, making of films, exclusive quizzes about their favorite movies and series. Users can maintain unlimited watchlists to sort through all the movies better. Users can also get full access to TheFilmpedia’s premium services and they can use TheFilmpedia without being disturbed by advertisements. Activation of the Pro features is optional and can only take place via the mobile TheFilmpedia app as well as via the Website.

3. TheFilmpedia Pro

3.1 TheFilmpedia Pro can be acquired as a yearly subscription. The price for a Pro subscription is displayed within the App or on the Website and includes value-added tax, insofar as applicable.

3.2 A TheFilmpedia Pro subscription can be purchased via the App and on the Website.  All paid features are accessible via the mobile App and the Website, provided the user is logged in with the same account on all devices.

3.3 By subscribing to TheFilmpedia Pro, the user acquires access to enhanced digital features for the duration of the contract or their availability. The user does not acquire any physical goods or any permanent rights to digital content.

3.4 TheFilmpedia may alter or remove digital content and/or features at any time.

3.5 The user may terminate TheFilmpedia Pro at any time by clicking within the mobile App or on the Website and then continue using TheFilmpedia Pro until the end of the contract. When the term of a Pro Subscription ends, the TheFilmpedia app reverts back to the regular, free version, and users still keep their free account to enjoy the core features.

3.6 The term of a subscription shall likewise end if a user’s payment has been unsuccessful, or TheFilmpedia decides to discontinue the Pro option with effect from the next possible date.

4. For TheFilmpedia Pro Users – Right to withdraw

When using TheFilmpedia Pro, the user has the right to withdraw from the contract within 14 days of the date of the conclusion of the contract without giving reasons.

If the contract was created via the Apple App Store, the user must contact Apple directly via Apple’s Report a Problem site in order to exercise the right to withdraw. Otherwise, the user can inform TheFilmpedia via admin@thefilmpedia.com of his/her decision to withdraw from this contract, and contact TheFilmpedia for further details. The information regarding the withdrawal must also include the log-in method used for his/her TheFilmpedia account.

Users can also use the attached specimen withdrawal form, but this is not mandatory.

To adhere to the withdrawal period, the user merely needs to send a notification of the exercise of the right to withdraw before the withdrawal period expires.

Consequences of withdrawal

If users withdraw from this contract, we shall without delay, no later than within thirty days from the day when we receive notification of the withdrawal of this contract, refund all payments that we have received from the user. Unless otherwise expressly agreed upon with the user, we shall use for this refund the same means of payment that the user used for the original transaction; in no event shall the user be charged any fees for such refund.

__________________________________________________________________________

Specimen withdrawal Form

If you wish to withdraw from the contract, please fill in and return this form.

To

TheFilmpedia

Stodulky

15500 Prague

Email: admin@thefilmpedia.com

I/we (*) hereby withdraw from the contract entered by me/us (*) concerning the purchase of the following goods (*)/ the provision of the following service (*)

Ordered on (*)/received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only if the notification is in paper form):

Date

(*) Fill the applicable details and delete where inapplicable.

End of the withdrawal instructions

__________________________________________________________________________

5. Liability

5.1 We preclude, insofar as permissible, all liability for indirect or accidental damage or loss, consequential damage or loss, lost profit, quantifiable pecuniary losses that arise from or in connection with the use of TheFilmpedia, regardless of whether such damage or loss is due to breach of contract, breach of warranty or tort (including, but not limited to, negligence and product liability) or to any other financial loss. In this respect, it is irrelevant whether or not the possibility of such damage or loss has been pointed out to the user.

5.2 This limitation of liability shall not apply to wrongful intent or gross negligence or to loss arising from injury to life, limb or health.

5.3 TheFilmpedia may contain links to third-party websites over whose content we have no influence. Therefore, we are also unable to provide any warranty for such external content. The respective provider or operator of the sites shall always be responsible for the content. The sites linked to were checked for possible breaches of the law at the time of the creation of the link, and no unlawful content was detectable.

Without any specific indications of a violation of the law, however, it is unreasonable to expect continual monitoring of the content of the sites linked to. Upon becoming aware of violations of the law, we shall remove such links immediately.

6. Copyright

6.1 TheFilmpedia’s content is subject to copyright law. Any reproduction, editing and distribution and any type of exploitation outside of the limits of copyright law shall require the written consent of the respective author or creator. Downloads and copies of this site are only permitted for private, non-commercial use.

6.2 Where the content on this site has not been created by us, the copyrights of third parties shall be respected. We request that the user inform us accordingly if he/she becomes aware of any copyright infringement. Upon becoming aware of violations of the law on TheFilmpedia, we shall remove such content immediately. You can contact us regarding any copyright violations by writing to us at copyright@thefilmpedia.com

7. Data Privacy

We process personal data exclusively in accordance with the provisions of the General Data Protection Regulation and the relevant data protection laws. Detailed information on the processing of users’ personal data can be found in the Privacy Policy.

8. Miscellaneous

8.1 These Terms of Use are subject to laws of Czech Republic.

8.2 TheFilmpedia does not participate in an alternative dispute settlement procedure before a consumer dispute resolution entity and is not legally obliged to do so. Users can find the link to the EU’s consumer dispute resolution portal here.

8.3 If any individual provision of the Terms of Use is or becomes ineffective or inoperable, this shall not affect the effectiveness of the remaining provisions.