DRAMATIFY – TERMS OF SERVICE
Last updated 6 January 2013
These terms of service for a business account at Dramatify is an agreement between your production company and Dramatify, which is a company incorporated in Sweden. These terms of service govern the use of the service that is made available by Dramatify through dramatify.com. If you or the production company does not agree to be bound by these terms, you nor the production company can use or access our service.
If you intend to host a production at Dramatify, you will also need to read and agree to our personal account terms, even if you just intend to administer the business account and not otherwise use the service or participate in a production.
Each production company may start one or several production accounts that we simply call a production. This is where all content and users can be found, while the business account is solely used for invoicing.
These terms may be updated and changed by Dramatify without any prior written notice by posting a new version of the terms here at http://dramatify.com/terms where you always find the most current version. It is the obligation of each administrator (see clause 1 below) and production company to be updated on any change of these terms.
However, we strive to post any major term updates and changes to our blog. Any new features, including new tools and resources, are also subject to these terms. If you continue to use the service after any changes to these terms have been posted, you and the production company consent to them.
If you have any questions about the terms, please send them to email@example.com.
ADMINISTRATION OF THE BUSINESS ACCOUNT
1. The business account is opened by you as a user representing a production company. By opening a business account you are designated as the administrator of the business account.
2. You may – in fact we encourage you to – add other users as co-administrators for the business account or a production. Each of these users is, for the purpose of these terms, to be seen as an administrator and will represent and bind the production company in the same way you do.
3. Each business account must have at least one user as an administrator. This means that if you are the sole administrator, it will not be possible for you to cancel your personal account until the business account has been cancelled, or another user has been added as an administrator. It is prudent to have at least two adminstrators for each business account and production.
4. An administrator may start one or several productions on behalf of the production company. The first time you start a production, required billing information (credit card number or PayPal account) must be submitted, the production company will be charged in accordance with the current pricelist.
When you add further productions, you simply choose the type of production and the number of users you want to start with and create a new production. We will automatically deduct the correct subscription fee monthly as per the current pricelist from your already chosen payment method and billing information.
5. You may invite other users to your productions and decide what information related to the production they shall have access to. For the avoidance of doubt, Dramatify does not accept any liability towards the production company (or a third party) for any damage that occur due to the fact that a user misuse or leak information, or upload information (or other content) that damage the production company.
6. The administrator may at any time during a production upgrade or downgrade the number of users to the production. After having notified Dramatify of an upgrade or downgrade it may be carried through by invitation of new users or canceling the access of existing users. Downgrading (i.e. removing users) will cause the loss of content or capacity of your production as all content, roles, contributions etc. connected to these users will be deleted. When upgrading, your account will be creditied and you can immediately start add new users. When downgrading, your monthly bill will be adjusted to correspond to the downsized number of users at the next monthly billing.
RESPONSIBILITY FOR UPLOADED INFORMATION
7. The production company and the administrator are each liable for any and all content posted on the business account (and its productions), that includes, for the avoidance of doubt, all information posted by users assigned to a production (“user content”). The production company and the administrator are, in addition, each obligated to notify Dramatify regarding any suspected breach of the provisions in these terms.
8. Each user has undertaken not to use the service for any illegal or unauthorized purpose; this however does not limit the production company’s responsibility (as set out in these terms) for information posted in the business account or in any production.
9. All content posted in the business account or any production must at least comply with the copyright laws within EU. No content may be uploaded that is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or is uploaded in violation of a party’s intellectual property.
10. Dramatify does not pre-screen any content posted or uploaded to the service. However, Dramatify and anyone designated by Dramatify have the right (but not the obligation) to refuse any posted content, or immediately remove content and accounts (both personal and business) that contains content that Dramatify determines as unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or is uploaded in violation of a party’s intellectual property or these terms. If Dramatify removes any content, it is in no way limiting the liability of the administrator and the production company in relation to the uploading or posting of such content.
Payment by credit card or PayPal
11. The production company is charged monthly in advance for each production depending on the number of users that, in increment batches, may be invited by the administrator(s) to the production in accordance with the, from time to time applicable, pricelist.
12. If there are several productions connected with a business account, each production is charged individually, meaning that the credit card of a production company may be charged several times a month.
13. In case payment through the credit card or PayPal account provided by the production company is declined and this is not rectified within ten (10) days each active production(s) of the production company will be blocked until all payments have been made. In case all payments due have not been made within sixty (60) days from the original payment date, Dramatify will cancel the business account and all of its productions, implying all information will be lost.
Payment through invoice
14. In case the production company is unable to purchase by credit card or PayPal, a production may be pre-paid by a year’s subscription through an invoice.
15. If prepayment through invoice is chosen and the production company would like to upgrade, supplementary invoices may be issued. This means that the price to pay may increases beyond what was paid on the original invoice.
TAXES, NON-REFUNDABLE CHARGES ETC.
16. All fees stated in the pricelist are exclusive of all taxes, levies, or duties imposed by taxing authorities, and the production company is liable for payment of all such taxes, levies, or duties. For the avoidance of doubt, it is the responsibility of the production company to at all time keep itself updated with current tax and VAT legislation.
17. If the production company cancels a production before the end of a current paid up month, such cancellation will take effect immediately and the production company will not be charged again. It shall be noted that in case the production is cancelled, all information in the production will be lost.
18. Any changes to the pricelist will be notified at least thirty (30) days in advance. Notification is made through the service, by posting on the Dramatify blog, or by email.
19. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an active production.
CANCELLATION BY THE PRODUCTION COMPANY OF ITS BUSINESS ACCOUNT AND ITS
PRODUCTIONS, AND ARCHIVING
20. The only way to cancel a business account is by going to your account settings and cancel the business account. Any other request to cancel the business account will not be considered a due cancellation. The account screen provides a simple no questions asked cancellation link.
21. For security reasons we will send a confirmation email to the address provided to us containing a link. In order to finalize the cancellation process (and thus deleting all information stored on the business account including its productions) you need to click on that link.
22. Upon request, and if reasonably possible, Dramatify may offer a production company to purchase a copy of all material uploaded to its productions and in the business account.
23. Archiving a production means that all information connected to the account is saved and accessible for the administrator(s) on a read-only-basis, meaning that no alterations can be made to the information. However, it will be possible to delete information in order to comply with the Personal Data Act. Archiving can be made instead of cancelation of a production or the business account. In case of archiving a production, an archive fee will be charged according to the pricelist.
24. By cancelling a production or the business account, unless it has been archived, you (on behalf of the production company) agree to that all information in relation to the production(s) is deleted and you further acknowledge that such information is not
25. The production company, being the personal data controller of all information that is provided to the production company through the service, hereby appoints Dramatify as its personal data processor.
26. The production company and the administrator warrant that all data relating to a living individual who is or can be identified ( through “personal data”) that is posted to Dramatify, is posted with consent from each individual and that such consent covers that Dramatify will be the processor of personal data. Such consent is necessary for the individual give in order to accept your invitation to participate in your production on the Dramatify service. (See example of the consent).
27. Dramatify warrants that it will, being the personal data processor, process all personal data in accordance with the instructions given by the production company and in accordance with the Swedish Personal Records Act (Personuppgiftslagen (1998:204)).
If Dramatify is of the opinion that an instruction is in breach of the Swedish Personal Records Act, Dramatify may choose to not follow the instruction. Dramatify will take all necessary security measures, and is not obligated to take any security measures other than required by the Personal Records Act without a special fee being imposed on the production company.
28. It shall be noted that if any personal data provided to the production company in any way is processed outside of Dramatify (if, for instance, a copy is made by the production company) consent for such processing must be given to the production company by each user (for the avoidance of doubt, the mandatory consent that each user have to give in order to join a production does not cover such processing).
29. It is strictly forbidden to ask for, or otherwise collect or process personal data, if not necessary in order to manage a production and/or business account. It is also strictly forbidden to process any personal data for other reasons or in other ways than those explicitly stated to each user.
30. In case the assets of Dramatify will be subject to transfer, all personal data will be included in such transfer, to the extent Dramatify receives formal assurance from the purchaser that the purchaser will uphold and fulfill all duties as the processor of personal data.
STATUS OF, AND MODIFICATION TO, THE SERVICE
31. The use of the service is at your and the production company’s own risk and the service is provided on an, from time to time, “as is” and “as available” basis.
32. Technical support is only available in relation to an ongoing production and through email.
33. Dramatify uses third party subcontractors, vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the service.
34. Technical processing and transmission of the service, including user content and the production company’s intellectual property, may be transferred unencrypted and involve transmissions over various networks; and may change to conform and adapt to technical requirements of connecting networks or devices.
35. Dramatify reserves the right at any time and from time to time to modify and temporarily take down the service for maintenance, with or without prior notice. However, we strive to inform all users and business account and production administrators in particular, of any planned modifications or outages due to maintenance. Dramatify strives to deploy these with as little downtime as possible.
36. If the service (including the archiving service) for some reason is being discontinued or shut down, personal, productions and business account holders will get at least 90 days notification time. In this case, Dramatify is under no obligation to provide any back-up (or archiving service) of material uploaded to the service (whether the material is uploaded by the administrator or any user connected to the business account).
37. Dramatify does in no way warrant, in case of system failure or otherwise, that any personal user or production company will be able to recover any data or information uploaded. However, Dramatify will use its reasonable best endeavors to see to that all data is securely stored and that at least one back-up copy is available.
RIGHT OF DRAMATIFY TO SUSPEND, TRANSFER OR TERMINATE THE SERVICE
39. Dramatify has the right to immediately suspend or terminate both the business account and the personal account of any administrator and refuse any and all current or future use of the service due to a breach of these terms or the terms of service for personal accounts, by the production company or the administrator.
40. The termination or suspension according to Clause 39 will result in the deactivation of both your personal account and the business account including loss of access to, and content in, those account.
41. The production company may not assign or transfer any of its rights or obligations under this Agreement. Dramatify may assign or transfer, as the case may be, all or any part of its rights or obligations under this Agreement in relation to an asset sale by Dramatify and in such case each reference to Dramatify shall be a reference to he successors, permitted assignees and transferees of Dramatify.
LIABILITY, WARRANTIES ETC.
42. If a breach by the production company (or of its administrator(s)) of its obligations under these terms leads to damage for Dramatify, the production company shall indemnify Dramatify for such damage.
43. We strive to make Dramatify the best service you can possibly get. However, we do not warrant that the service will meet your specific requirements, that the service will be uninterrupted, timely, secure, or error-free, that the results that may be obtained from the use of the service will be accurate or reliable, that the quality of any products, services, information, or other material obtained by you through the service will meet your expectations, or that any errors in the service will be
44. You understand and agree that Dramatify shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from:
- the use or the inability to use the service, including, for the avoidance of doubt
- any loss of data due to the downgrade of a production;
- the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
- unauthorized access to or alteration of your transmissions or data;
- statements or conduct of any third party on the service, and
- or any other matter relating to the service.
45. If Dramatify fails to exercise or enforce any right or provision of these terms it shall not constitute a waiver of such right or provision. The terms (together with the personal account terms) constitutes the entire agreement between yourself (including the production company) and Dramatify, and govern your use of the service, superseding any prior agreements between us (including, but not limited to, any prior versions of the terms).
46. Dramatify shall be released from liability in damages and other sanctions where the performance of a specific obligation is prevented or rendered onerous due to circumstances beyond the control of Dramatify and such circumstance(s) could not reasonably have been foreseen. Such force majeure events include, inter alia, labour conflicts, lightning, fire, decisions of public authorities or other public regulations, errors in another operator’s network, delays in services from subcontractors due to
events as stated above, general scarcity of transport, goods, or energy, or other similar circumstances.
GOVERNING LAW AND JURISDICTION
47. These terms are construed in accordance with and governed by the laws of Sweden, without reference to the choice and conflict of law provisions thereof.
48. All disputes arising out of or in connection with this agreement shall be subject to the exclusive jurisdiction of the public courts in Sweden with Stockholm district court (Stockholms tingsrätt) as first instance.