DRAMATIFY – TERMS OF SERVICE
Last updated 6 January 2013
These terms of service for a personal account at Dramatify is an agreement between you – a real human being – and Dramatify, which is a company incorporated in Sweden. The terms are regarding the use of the service that is made available by Dramatify through dramatify.com. If you do not agree to be bound by these terms, you can’t use or access our service.
If you intend to host a production at Dramatify, you will also need to read and agree to our business account terms.
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 user 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 consent to them.
If you have any questions about the terms, please send them to email@example.com.
1. A personal account is always needed to use Dramatify, even if you just want to administrate a business account and not otherwise be involved in a production.
2. If you want to start and host a production at Dramatify, you must be a representative of your production company with the right to enter into agreements with other companies. If so, you can then create a business account that can hold one or more productions.
3. A production company can create one or several productions and may invite you to be part of a production.
4. Personal accounts are free of charge, but you need to be invited to join one or several productions (or, if you are an administrator, create one or several productions) in order to use Dramatify.
5. To register for Dramatify and receive your login details, you must provide the information requested. That includes your full name, a valid email address and other personal data (as defined below). As further outlined below, by providing the requested information you consent to Dramatify (as a personal data controller) processing such information in accordance with these terms.
6. Your login may only be used by one person – a single login shared by multiple people is not permitted.
7. You are liable for maintaining the security of your account and password. Dramatify cannot and will not be liable for any loss or damages from your failure to comply with this security obligation. Read more about how to best protect your login information.
8. You are responsible and liable for all content posted and all activity that occurs in your personal account.
9. Dramatify is a professional service and we expect users to behave cordially and professionally towards each other. Repeated complaints from other users or from business account holders may end in the suspension or termination of your account.
10. You may not use Dramatify for any illegal or unauthorized purpose and you must not, while using the service, violate any laws in your jurisdiction (including, for the avoidance of doubt, any intellectual property or copyright law). Information on Dramatify may be tracked, logged and watermarked by business account holders (i.e. the producers) to ensure that their copyrighted production material (e.g. screenplays, images, concepts) do not end up in the wrong hands.
11. All content you post on the personal account or in any production must, at least, comply with the copyright laws within the EU. You can not post any content that is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, in violation of a party’s intellectual property or against the instructions of the production company.
12. 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 user in relation to the uploading of such content.
13. You are solely responsible for properly canceling your own personal account. An email or phone request to cancel your account is not considered to be a valid cancellation. You may cancel your account at any time by going to your account settings and cancel your account. The account screen provides a simple, no questions asked, cancellation link.
14. 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 account) you need to click on that link. After clicking the link, it is not possible to recover your account.
15. Dramatify has the right to immediately suspend or terminate your account and refuse any and all current or future use of the service if you break these terms. This will result in the deactivation of your personal account, including access to it, and the loss of all your content.
16. “Personal Data” means any data or information that is referable to a real human being – that’s you! “Sensitive Personal Data” means personal data in relation to, among other things, social security numbers, bank account information and health issues.
17. Dramatify is the controller of all Personal Data that you provide upon request by Dramatify or a Business Account holder (i.e. a Producer). Other Personal Data (including Sensitive Personal Data) that you (or others) upload to the service is controlled by the production company to which the information is connected (see clause 25).
18. Any Personal Data and Sensitive Personal Data provided to Dramatify will be handled by Dramatify in accordance with the Swedish Personal Records Act (Personuppgiftslagen (1998:204)) as amended from time to time.
19. The object of the gathering of personal data is to provide the core service of Dramatify, manage the personal accounts for the users, manage the productions and business accounts, as well as administrate Dramatify. This can also include informing about new products and/or services offered by Dramatify (whether through the service or otherwise).
20. No personal data will be sold to any third party. However personal data may be transmitted to the companies that help us provide the service. For example, we may use external vendors to help host and maintain the service, gather statistics, serve videos, advertisements and process payments.
21. If you decide to close your personal account, your profile will be closed and you will no longer be searchable nor will you be able to login. However, some information may still be available to a production company running a production of which you have been a part, in accordance with any consent you have given to the production company.
22. If a production company decides to cancel its account, the information you have posted in that production account and in respect of its production(s) will be deleted.
23. To any natural person who requests it, Dramatify will, free of charge once a year, provide information of whether personal data concerning the applicant is processed or not, and if so, what information is being processed.
24. Dramatify will at the request of the registered person immediately rectify, block or erase such personal data that has not been processed in accordance with the Swedish Personal Data Act.
25. If the assets of Dramatify is to become subject to a transfer, all personal data will be included in such transfer to the extent that Dramatify receives formal assurance from the purchaser that the purchaser will treat the Personal Data in accordance with the Swedish Personal Records Act.
26. By submitting any information to the service other than information necessary to create a personal account you agree to that the production company of the relevant production(s) to which the submitted information is connected is the controller of personal data. Dramatify has been appointed, by each production company, as the processor of such personal data.
Status of, and modification to, the service
27. The use of Dramatify is at your own risk and the service is provided on an, from time to time, “as is” and “as available” basis.
28. Technical support is only available in relation to an ongoing production and through email.
29. 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.
30. Technical processing and transmission of the service, 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.
31. 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.
32. If the service for some reason is being discontinued or shut down, account holders will get at least 90 days notification time. In this case, Dramatify is under no obligation to provide any back-up of material uploaded to the service.
Right of Dramatify to suspend, transfer or terminate the service
34. Dramatify has the right to immediately suspend or terminate the personal account and refuse any and all current or future use of the service due to a breach of these terms.
35. The termination or suspension will result in the deactivation of both your personal account and, in case you are an administrator, the business account including loss of access to, and content in, those accounts.
36. The holder of a personal account 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 the successors, permitted assignees and transferees of Dramatify.
Liability, warranties etc.
37. If a breach by the user of its obligations under these terms leads to damage for Dramatify the user shall indemnify Dramatify for such damage.
38. 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 corrected.
39. 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, or
- any other matter relating to the service.
40. 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 business account terms, if applicable) constitutes the entire agreement between yourself (including the production company, if applicable) 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).
41. 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, amongst other things, 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
42. 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.
43. 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.
If you intend to host a production with Dramatify, please continue and review our business account terms.