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NIEUWDAKOTA

Terms & Conditions

Nieuw Dakota publishes and operates the internet site Nieuw Dakota Video Platform. The Nieuw Dakota Video Platform aims at providing a better visibility for a selection of films presented at Nieuw Dakota by making them available for limited online screenings to film professionals. The present document describes the services proposed by Nieuw Dakota in this context and sets out the rights and obligations of the site's users.

Access and Registration

Access: The services offered by Nieuw Dakota are accessible via the site. In order to screen films and access the site’s various functionalities, the user must irrevocably accept the present Terms & Conditions of Use (TCU): the present document. Nieuw Dakota may update the TCU at any time and users are invited to consult the same regularly. Access to the site is temporary.

All users, are invited to make sure that their computer hardware and software are compatible with the site and capable of fully benefiting of the Service. The user is the sole responsible of the proper installation and maintenance of his/her computer hardware and software. In no event shall Nieuw Dakota be held liable should the use of the site cause any malfunction in such hardware/software, and/or if any of the site’s Service(s) prove incompatible with the user’s hardware/software.

Registration to the site, Use of the Service: In order to access the Services offered on the site, in particular the Screenings of Films, one must Become a user on the site. The user must be over 18 years of age. The person who wishes to Become a user must fill out the registration form, which he/she undertakes to do faithfully. Nieuw Dakota can discretionarily refuse to approve any user, which shall in no event give rise to any users’ claims or Nieuw Dakota’s liability whatsoever. The user will be solely and entirely responsible for keeping confidential his/her connection data (e-mail, password, etc.) and keeping access to his/her Account private and personal. Any connection to his/her Account or transmission of data by the user via the site will be deemed to have been made by the user, under his/her exclusive liability. He/She will in particular be liable for any (unauthorised) use of his/her Account by any third-party. The user will immediately notify Nieuw Dakota in the event that he/she becomes aware of an unauthorised access to his/her Account.

Refusal or Dismissal: Nieuw Dakota reserves the discretionary faculty to: suspend, or dismiss and cancel the user who has breached the present TCU, failed to comply with its obligations or undertakings. In any event, such refusal, suspension or dismissal will not give rise to any indemnification of the user.

Digital Proof: The user acknowledges that the data registered on the site constitute the valid and due proof of all the transactions entered into via the site, and of the data transmitted through the site. The user acknowledges that the digital proof has a full legal effect and in particular accepts the electronic acceptance of the present TCU, materialised by the user's tick of the box “I have read and understood the terms and conditions” (the present TCU) at the end of the user's registration.

Access to the Submissions

Localisation: The site is accessible from anywhere in the World. However geographical restrictions might limit access to the submissions depending on the user's country, and in conformity with the restrictions imposed by the Film’s rights holders.

Screenings: Screenings will be delivered in Streaming. Each Screening is strictly personal to the user. In no event can the Screening occur on a terminal or in conditions permitting a collective viewing of the Film. Any Screening request requires and implies the full and express acceptance of the TCU.

The user acknowledges that Nieuw Dakota has access to the name of the persons who watch their films.

Personal Data

When registering on the site, the user will have to provide personal and confidential data, which will be used to identify any user’s connections and allow the user to access his/her Account. users’ personal data are collected by the site essentially to permit the site’s administration and proper functioning.

Intellectual Property Films

A private use in particular excludes any public or collective representation or broadcast of the Film. Downloads, editing, loan, exchange, reproduction, duplication, transmission of the Films and contents, either partial or integral are also strictly prohibited. users do undertake to comply with the above conditions or use and statutory provisions. Any unauthorised use of the Films and contents available on the site do constitute a “piracy” and are punishable in accordance with the legal provisions governing intellectual property. The site and all of its components, including without limitation: information, databases, software, visuals etc. are the exclusive property of Nieuw Dakota, which owns all of the author and neighbouring rights and more generally any exploitation rights in relation thereto. Any alteration, use, reproduction, representation, commercial use or more generally any unauthorised use of the above elements is strictly forbidden and might generate legal proceedings. More generally all of the text, comments, works, illustrations, images, trademarks, logos, distinctive signs used within the Films and/or published on the site are protected by intellectual property. All rights of reproduction, representation, broadcast, transmission etc. are strictly reserved to their authors and/or any rights holders on the same. users undertake to comply with the above conditions of use and to refrain from any act of piracy. Nieuw Dakota can protect the Films against any illegal reproduction or use, and might use any content protection technology. users are aware that the said protection might cause restrictions of use. users do undertake not to alter or bypass the said content protection measures. users are prohibited from using in any way whatsoever the above elements without the express authorization of Nieuw Dakota. Compliance by the users of the present provisions an essential condition for Nieuw Dakota which reserves the right to suspend, cancel and/or dismiss the Account of any users who would violate the said conditions. This being without prejudice to Nieuw Dakota and any concerned rights holder’s faculty to seek relief and/or indemnification of its prejudice in court.

Liability

Nieuw Dakota will in no event be liable for any prejudice suffered by the user in relation to/ caused by: - any technical incompatibility between the Films and the screening hardware/software used by the user; - any unavailability of the site. Nieuw Dakota will in no event be held liable for the content published on the third party websites, in particular in the event that the said contents would violate any third-party rights and/or applicable legal and regulatory provisions. Nieuw Dakota will use its best efforts to make sure that the Films and other contents available on the site comply with applicable legal and regulatory provisions, regarding in particular intellectual property. However, Nieuw Dakota shall not be held liable in the event that the Films and or any other content published on the site would violate any third-party rights or the legal and regulatory legal provisions. Nieuw Dakota shall not be liable in any way whatsoever as regards the Contents published on the site by the users, for which they shall be the sole responsible. The contents published on the site (Films, information, visuals, any content published by Nieuw Dakota, and all of the Contents published by the users) will finally not constitute facts on which any one shall base its judgment or use as recommendation.

Contact

For any question or claim regarding the site you can contact Nieuw Dakota at: info@nieuwdakota.com.

Applicable Law

The present TCU are to be interpreted and construed in accordance with Dutch law.