In order to use the Service it is required to have a connection to the Internet and an Internet browser allowing for opening and viewing www pages on a computer screen or on another electronic device.
The Operator reserves the right to unilaterally decide on the content of the Service as well as to introduce changes and modifications therein without the necessity of prior informing Users about his plans and the scope of changes introduced.
The Operator informs that the Service contains texts protected by copyright, trademarks, logos, graphics and other original materials and files.
The following terms should be defined as follows:
websites, widgets and programs cooperating with the Filmbox Service;
unique data constituting a combination of letters, numbers or symbols specified by the User during registration in the Service in order to clearly identify the User. They allow the User to access the Account;
sub-site of the Service accumulating information on the Services rendered for the benefit of Users, payments, etc.;
the Filmbox Live Service operator is the company: Mediabox Broadcasting International Ltd, Building 3, Chiswick Park 566 Chiswick High Road, London W4 5YA, UK, Trade Register No. 8353015;
a program serving to stream data, utilized by the Operator in order to allow the User to receive the Filmbox Live Service;
Internet subscription service allowing its users to access movies, television productions, series and linear TV channels (“Content”) in the form of non-gratuitous packets sent via data stream to Users’ devices connected to the Internet;
an individual possessing full capacity to perform acts in law, using the Service and possessing an Account in the Filmbox Live Service as a consumer; also a minor possessing a statutory representative’s permission, who consciously decides to purchase a Subscription for a given service packet.
By purchasing the Filmbox Live Subscription the User willingly agrees and authorizes the Filmbox Live Service Operator to collect a monthly subscription fee in the amount of PLN 19.90. The User is also obliged to pay all other fees which may arise in relation to using the Filmbox Live Service in the form selected during registration (or another payment form provided that such information has been specified), of which the User will be from time to time informed. It should be remembered that prices and fees may be subject to change after prior notification of the Users via e-mail. The subscription fee will be settled at the beginning of the settlement period and for each month until the time of the User resigning from using the Service. Visit the Filmbox Live Service website and click the tab “My Account” to check the date of extension of the next subscription period. Settlement of payments is effected monthly, at the day of commencement of the calendar month appropriate for the commencement of payment of the Subscription. Fees for the Subscription are deemed fully realized after crediting the Operator’s bank account. In the event of a payment for the Subscription falling on a day which does not exist in a given month, the Operator debits the User’s Account covering the last day of a given month with the payment. For example, if the commencement of the Subscription or the subscription fee falls on January 31, the next date of payment is February 28 and all payments will be calculated in accordance with this system. The User acknowledges that the amount calculated each month may differ from the amounts for other months, as it may cover various amounts due resulting from promotional offers and/or possible changes of the packet/packets. With regard to the above the User authorizes the Filmbox Live Service Operator to encumber the User with payments resulting from the above, the settlement of which will be effected monthly. For some payment forms the bank or the organization issuing a payment card may calculate a handling fee. Please consult with a representative of your bank or an organization issuing payment cards with regard to possible additional payments. If the User is entitled to do so and has agreed for a free trial period the payment form will be valid for a period of up to around one week of the commencement of the aforementioned trial period; the fee will not be collected if the User cancels the subscription before the end of the free trial period. The Filmbox Live Service Operator reserves the right to periodically authorize the User’s card while pending for the payment of the Subscription or during performance of other payments related to the usage of the Filmbox Live Service. Fees for the Subscription are deemed fully realized after crediting the Operator’s bank account. At any given time and for any given reason the Operator of the Filmbox Live Service may provide a return of the costs, a discount or other benefits for some or all Users (“Bonuses”). The amount and form of such Bonuses as well as the decision on the implementation thereof depend exclusively on the will of the Operator. Receiving Bonuses may in no circumstances entitle a User to receive similar Bonuses in the future. It also in no circumstances obliges the Operator of the Filmbox Live Service to grant the aforementioned Bonuses in the future. The Filmbox Live Service Operator is entitled to change the fees and receivables after prior notification of the User of the aforementioned changes via e-mail. If the User intends to utilize another payment form or if a change of the payment form is effected or his/her payment card is lost or expires, the User is entitled to edit the information pertaining to the payment form by visiting the Service website and entering the “My Account” tab. If the change of the payment form is effected after the expiration date and the information on the payment form or Account liquidation has not been changed the User undertakes to continue the settlements in accordance with the previous payment form and remains responsible for all arrears related to the usage of the Service. If the User has registered in the Filmbox Live Service with use of his/her account in the iTunes service as the payment form and intends to resign from the Filmbox Live Subscription at any given time, including during the trial period, he/she may do so by visiting his iTunes account and disabling the automatic renewal option. All settlement information pertaining to such subscription may also be acquired by visiting the iTunes account.
Right of withdrawal
The User is entitled to withdraw from a contract concluded with the Operator in scope of rendering the Service within 14 days of the date of purchasing the Filmbox Live Subscription, pursuant to article 27 of the Consumer’s Rights Act of May 30, 2014 (Journal of Laws of June 24, 2014). In the event of the User executing the right of withdrawal from the contract, the User will receive a return of the subscription fee which will be decreased proportionally with regard to the time of usage of the Service by the User.
Availability and quality of reception
The availability of movies and TV programs may vary from time to time depending on the territory. The quality of displaying movies and TV programs may vary depending on the computer and the display device. It may be influenced by many factors such as location, bandwidth and/or Internet connection. In some situations a delay resulting from buffering data to the device may occur during commencement of displaying a movie of a TV program in the Filmbox Live Service. Frequent pausing and un-pausing movies and/or TV programs may cause the slowdown of data transmission and stoppage of the video. In most cases this will last no longer than several minutes. The User is responsible for all fees for accessing the Internet for the purposes of using the Service. The User should contact his/her Internet provider in order to receive information on the possible fees on account of using the Internet. The Operator does not make any declarations as to the quality of data transmission to any devices nor does he make any guarantees in this scope.
Time of commencement
The commencement of watching a movie or a TV program depends on many factors, including the location, availability of a given movie or TV program and the configuration of the video display device on a given computer. For example, quick action scenes or special effects in the beginning of a movie or a TV program may slightly delay the time of commencement. What is more, viewing movies or TV programs requires a constant and uninterrupted connection to the Internet.
Requirements pertaining to personal computers and hardware limitations
In order to view the content available in the Filmbox Live Service via a personal computer, the hardware should fulfill specific system requirements allowing for displaying video files in the form of data stream transmission.
Access to a given movie or TV program in the Filmbox Live Service is available only in locations where the Filmbox Live Service is offered and where the Operator possesses a license for a given movie or TV program. Therefore the availability of given content is dependent on the place in which the User resides and from which he/she connects to the Internet. The Operator utilizes the available technology in order to verify the geographical location of the User.
Software for sending and receiving data streams
Application may import data to the User’s Account and download data from the User. Those Applications constitute only a convenience for the User and the Operator does not bear responsibility for them nor does he approve the content thereof. SUCH APPLICAITONS ARE THE PROPERTY OF THIRD PARTIES AND ARE SERVICED BY THEM. SUCH THIRD PARTIES ARE UNRELATED AND/OR UNSPONSORED BY THE OPERATOR. THE AFOREMENTIONED APPLICATIONS MAY BE INELIGIBLE FOR USE IN SOME COUNTRIES. Some Applications may use registered trademarks and brands: Filmbox and Filmbox Live. Unless otherwise stated at the Filmbox Live website, the Operator is not responsible for the Applications and does not approve their content. The User should make an independent decision as to the use of those Applications. If the User agrees to use them, he/she does so at his/her own risk and responsibility. The Application may impact, connect with or accumulate and/or download information to/from the User’s Filmbox Live Account. While using such Applications the Users gives his/her consent for: (i) exchanging information pertaining to the Filmbox Live account; (ii) utilization of the information contained by the Account; (iii) public disclosure of personal data and/or information related to the User even if the Operator did not transfer or grant consent for transferring such information, and (iv) the fact that the use of the Applications is conducted AT ONE’S OWN RISK AND RESPONSIBILITY, and the responsibility for disclosing any information from the Filmbox Live account during the use of Applications will not be borne by the Operator. All content of the fields and other windows popping-up during logging-in should be carefully read, as it may contain information on disclosing data about the Filmbox Live account by/via other means specified in the Application. Additionally, all terms and conditions of use and/or other documents and materials marked with an Application annotation in the User’s license agreement will regulate the use of such Application. At any given time it is possible to revoke access of the Application to the Filmbox Live Account but the information disclosed before the revocation may still be visible or in another manner usable by the Application, depending on the principles of its operation. In case of questions, doubts, complaints or claims with regard to Applications, please contact technical support or the Application personnel. Do not contact the Filmbox Live service unless otherwise specified at the Filmbox Live Service website. THE OPERATOR DOES NOT BEAR RESPONSIBILITY FOR PROBLEMS OF ANY NATURE RESULTING FROM THE UTILIZATION OF THE AFOREMENTIONED APPLICATIONS.
Guarantees and limitation of liability
End User License Agreement
BY DOWNLOADING AND/OR USING SOFTWARE AND/OR APPLICATIONS DELIVERED BY OR ON BEHALF OF THE OPERATOR AND ITS AFFILIATED ENTITIES, WITH REGARD TO THE USAGE OF THE FILMBOX LIVE SERVICE, THE USER ACKNOWGLEDGES AND CONFIRMS THAT HE/SHE (1) HAS READ THE END USER LICENSE AGREEMENT (“LICENSE AGREEMENT”), (2) UNDERSTANDS IT, (3) UNDERTAKES TO OBSERVE THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, AND (4) AGREES TO RECEIVE UPDATED VERSIONS OF THE SOFTWARE WITHOUT NOTICE. IF THE USER DOES NOT ACCEPT THE AFOREMENTIONED TERMS AND CONDITIONS, HE/SHE ACKNOWLEDGES THAT HE/SHE WILL NOT RECEIVE THE LICENSE FOR USE OF THE FILMBOX LIVE SERVICE AND UNDERTAKES TO REFRAIN FROM USING THE SOFTWARE.
General Terms and Conditions
This License Agreement contains details regarding the issue of limited right and license for use of the Software exclusively in relation to using the Filmbox Live Service. This License Agreement is concluded between the User and the Filmbox Live Operator, and not a third party, at the moment of purchase of the Service Subscription. The period for which the License Agreement is concluded reflects the period for which the subscription fee has been paid. The Software contains materials protected by copyright and other regulations pertaining to intellectual property / copyrights as well as the provisions of international treaties applicable in the United States of America and on other territories.
Software is licensed, and not sold or given for use by the Operator, for utilization exclusively pursuant to the terms and conditions of this License Agreement. All rights which have not been explicitly granted to the Licensee are reserved for the Operator and every third party holding property rights to the aforementioned software and documentation. The User may not arbitrarily remove any property rights of the Operator or a third party from any documentation or Software. The rights granted pursuant to the terms and conditions of this License Agreement cover all Software updates which substitute and/or supplement the original Software. The Operator reserves the right to periodically amend the terms and conditions of this License Agreement as a result of the necessity to adjust this License Agreement to the currently applicable legal regulations, changes in the manner of rendering services or for other significant reasons of which the User will be informed in a message pertaining to changes of the essence of this License Agreement sent to his/her e-mail address and published at this website. The final delivered version of this License Agreement substitutes all previous versions thereof. By using the software after introducing amendments the User acknowledges that he/she agrees to the aforementioned amendments.
Permissible use / Restrictions
The operator grants a non-exclusive, limited, personal and non-transferable license (which for the purposes of this License Agreement covers members of the closest family for which the User will be responsible in scope of this Agreement, as well as other Users utilizing the device for reception of the Filmbox Live Service, to which they will have access and for which the User will also be responsible in scope of this Agreement) under the conditions of and with the consent for the restrictions contained in this License Agreement related to installing and using the Software delivered by / on behalf of the Operator.
Software is provided exclusively for personal, non-commercial use and may not be utilized at a workplace, as part of any office services, for profit or for the benefit of any other person or entity.
The condition for the restricted license for the Software granted in scope of this License Agreement, unless explicitly stated otherwise or unless it is incompliant with the applicable regulations of the law, is that the User MAY NOT: 1. publish, screen, disclose, rent, modify, lend out, disseminate or create derivative works (copies) on the basis of the aforementioned Software or its parts; 2. copy, decompile, disassemble, translate, adapt and/or otherwise process the Software to a human readable form; 3. undertake to create a source code from the object code of the Software; 4. transmit Software or make it available in the Internet, Ethernet or another type of network whereby the Filmbox Live Service could be utilized by many computers or devices at the same time; 5. attempt to create separate products from third party software contained in the Software; 6. undertake any actions which could infringe the intellectual property rights or other property rights of the Operator or a third party selling the Software; 7. sublicense or assign Software; 8. view any movies and TV programs from the Filmbox Live offer or the offer of its providers in a place other than the territory of the country or location authorized by the Operator (“Territory”) and 9. view movies and TV programs outside of the Territory; The Operator may use technological solutions in order to verify the location of the User.
In the event of the User uninstalling the Software, he/she will not be able to use the aforementioned Software in order to view movies and TV programs made available in scope of the Filmbox Live Service.
The User does not hold any property rights to the Software. On the contrary, he/she holds a restricted license for using the Software, provided that the License Agreement remains in force. The ownership of the Software and all intellectual property rights remain at all times in the possession of the Operator and/or its licensors. All other types of use of the Software by any other persons, companies, corporations, offices or other entities is prohibited and constitutes a violation of the provisions of this License Agreement.
Third party content / Third party software
The title and intellectual property rights as well as all Content available in / via the Software belong to their appropriate owners. Such Content is protected by copyright and derivative rights or other intellectual property rights and are subject to the terms and conditions of use agreed with a third party delivering the Content. Aside from the right to access the essence of the third party Content the License Agreement does not grant the right to copy, disseminate or prepare similar content or derivatives thereof, publicly display or otherwise utilize the Content. It is prohibited to engage in / or facilitate unauthorized P2P access to any third party to the Content. It is also prohibited to publish, disclose, transmit, download or otherwise distribute the Content via third parties in an unauthorized manner.
There are programs being part of the Software, which have been licensed to the Operator by a third party. The term “Software” in this description refers to such Software disclosed by a third party when it refers explicitly to the ownership or other specific rights held by the Operator. Those same terms and conditions specified in this License Agreement, including all limitations and restrictions, apply for all software provided by third parties and contained in the Software. Some programs referred to in point 10 below (“Remarks”) may contain additional annotations and / or restrictions.
The Operator may automatically provide an updated version of the Software in the event of the User utilizing Software or the Filmbox Live Service or in relation to the User utilizing a device for receiving the Filmbox Live Service. Alternatively, the Operator may require consent for updating Software (“Software Updates”) before use, installation or accessing the aforementioned Software. If the User resigns from updating software, he/she will not be able to use or access Software or the Filmbox Live Service.
This License Agreement remains in force until the moment of its expiration. The rights of the User in scope of this License Agreement may be rescinded by the Operator at any given time without notice. What is more, this License Agreement expires in the event of the Operator ascertaining that any one of the provisions of this License Agreement has been violated by the User. No waiver of rights or provisions of this License Agreement by the Operator may constitute a waiver of rights on account of a prior, concurrent or subsequent infringement of the same provision or other provisions of this Agreement. A waiver of rights will not be effective unless it has been submitted in writing and signed by an authorized representative of the Operator. All regulations pertaining to confidentiality, ownership rights and non-disclosure of information remain valid after the termination of this License Agreement. Use of the Filmbox Live Service by the User is not dependent on the compliance of the User’s system with the Filmbox Live Service Software. The aforementioned requirements may be subject to changes from time to time. Checking the compliance of the system requirements with the Software is the responsibility of the User. In the event of termination of this License Agreement the User should refrain from using the Software for the purposes of operating the Filmbox Live Service and is obliged to destroy all previously downloaded full or partial copies of the aforementioned Software.
All questions, complaints and claims pertaining to the Software or use of the Filmbox Live Service should be directed to the e-mail address email@example.com.
Complaints will be considered by the Operator within 14 days of the date of receipt thereof. A response will be sent via e-mail to the e-mail address of the User. In the event of rejection of a complaint the User is entitled to pursue his/her claims in a proceeding before a court of appropriate general jurisdiction pursuant to the provisions of the Civil Code.
I. SCOPE OF COLLECTED DATA
The Service Users’ personal data Administrator is the Filmbox Live Operator.
The Operator collects the following data from persons who utilize the Service:
First and last name
Data regarding the credit card (in the case of selecting a payment method via credit card)
Provision of the aforementioned data is voluntary but required for the purposes of realizing the agreement for rendering electronic services concluded between the User and the Operator.
II. AIM OF DATA COLLECTION
All information provided by the User will be utilized by the Operator exclusively in order to prepare and develop the essence of the License Agreement between the User and the Operator. Processing of personal data in this case is effected pursuant to article 18 section 1 of the Act on Rendering Electronic Services of July 18, 2002 (Journal of Laws of 2002, no. 144, item 104). The above does not exclude the possibility of processing the personal data provided, and in particular the e-mail address, for the purposes of maintaining contact between the User and the Operator.
Pursuant to the regulations of article 23 section 1 point 5 of the Personal Data Protection Act of August 29, 1997, in a scope in which it does not violate the provisions of the above Act, the Operator is entitled to process personal data of Users in order to conduct direct marketing activities regarding the services rendered by the Operator and for the purposes of pursuing claims on account of the business activity conducted.
Depending on the consent granted during filling-out of the registration form the provided e-mail address may serve the Operator to send a gratuitous newsletter containing commercial information or advertisements pursuant to the Act on Rendering Electronic Services of July 18, 2002 at selected intervals.
Depending on the consent granted during filling-out of the registration form the provided personal data of the User may be processed by the Operator for marketing purposes pursuant to the regulations of the Personal Data Protection Act of August 29, 1997.
III. ACCESS RIGHTS
The User is entitled to decide about the scope in which his/her personal data will be utilized. In particular, the User may submit a statement of will rescinding the consent for processing of his/her e-mail address for the purposes of sending the newsletter.
The User is entitled to supplement, update and correct personal data, temporarily or permanently suspend the processing thereof or to delete such data if it is incomplete, not up-to-date, false or has been collected in violation of the regulations of the law or if it ceases to be necessary for the realization of the aim for which it has been collected.
The User is entitled to make an objection in the event of processing of his/her data for the purposes specified in article 23 section 1 point 5 of the Personal Data Protection Act or if the Operator intends to process such data for marketing purposes or with regard to transferring this data to other data administrators.
All changes in scope of personal data may be made by the User by means of sending an appropriate statement of will to the address of the Service's editorial office provided at the Service website.
The Operator reserves the right to refuse the deletion of such User data if the preservation thereof is necessary in order to satisfy claims or if it is required by the applicable regulations of the law.
IV. IP ADDRESS
The Operator reserves the possibility to collect IP addresses of Users which may be helpful during the performance of a diagnosis of technical issues related to the server and creating statistical analyses (e.g. specifying the regions in which we register the most visits). What is more, they may be of use during administering and developing the Service.
V. COOKIES POLICY
The Service uses small files called cookies. They are saved by the server on the computer of the person visiting the Service. A cookie file normally contains the name of the domain from which it stems, the time of its storage on the User’s device and an individual, randomly generated number identifying the file. Information collected by those files helps to adjust the Service to individual preferences and actual needs of Users. It also provides the possibility to develop general statistics of Service usage.
The entity recording cookie files on Users’ devices and acquiring access to those files is the Filmbox Live Operator.
Cookie files are completely safe for computers. In particular they may not infect Users’ computers with viruses. Nevertheless, the User may restrict or disable cookie files' access to his/her computer. In the event of taking advantage of this option, navigating Service websites will remain possible as a principle, although it may effect in a limitation of the possibility to use certain functions.
Cookie files are stored and utilized by the Operator in order to:
adjust and optimize the content of the Service to the preferences of the User;
create statistics pertaining to the manner of the Users' utilization of the Service in order to constantly perfect the content and transparency of the Service;
maintain the Service Users' sessions after logging in, owing to which Users are not required to repeatedly enter their logins and passwords on each sub-page of the Service;
The following types of cookie files are utilized in scope of the Service:
‘Temporary’ cookie files related to the session remain in the browser only for the duration of the session, i.e. until the moment of exiting a given website.
‘Persistent’ cookie files remain in the browser after completing the session (provided that they were not deleted by the User).
‘Analytical’ cookie files collect information on using a given website, such as pages visited by a given User and all error messages; they do not collect information allowing to identify the User; the accumulated data is aggregated in a manner providing their anonymity. Analytical cookie files serve to improve the operation of the website.
‘Functional’ cookie files allow the website to remember all selections made on its pages (such as change of the font size, adjustment of the page) and allow for such services as adding comments on blogs.
Users of the Service may at any time perform changes of the settings pertaining to cookie files. Detailed information concerning handling cookie files are available in the browser’s settings.
The Operator reserves the right to utilize services of third parties in scope of developing statistics regarding the usage of the Internet service. Such entities will not be provided with any data identifying our Users.
VI. THIRD PARTY ACCESS TO DATA
Only authorized employees or co-workers of the Operator and authorized personnel handling the Service which have been granted appropriate powers of attorney may directly access the personal data collected by the Operator.
Users’ personal data may be disclosed to entities authorized to receive such data on the basis of applicable regulations of the law, and in particular to appropriate judicial authorities.
SECURITY AND PROTECTION OF PERSONAL DATA
The Operator represents that personal data of the Users is processed pursuant to the Personal Data Protection Act of August 29, 1997 and that the Operator utilizes technical and organizational means ensuring the protection of the data processes appropriate to the threats and categories of data covered by said protection, and in particular that he secures personal data of all Users against their disclosure to unauthorized persons, loss or damage.