FOR VIEWING FILMS ON THE PROGRAMME OF THE DURBAN INTERNATIONAL FILM FESTIVAL
We and us means Durban International Film festival; and which in turn shall include the Centre for Creative Arts and the University of Kwazulu-Natal.
Compatible Devices means a device compatible with the Platform as listed in these terms.
Member means a person that has supplied the requisite information and accepted membership of the Platform and Membership has a corresponding meaning.
Member Account means an account held by a Member with Durban International Film Festival for the purposes of renting at no cost for limited viewing reperiod Platform Content through the Platform.
Platform Content means a film or content provided by us for renting at no cost for limited viewing period through the Platform.
Platform means the digital content platform provided by us (and/or by our third party service providers on our behalf) and includes all pages of and all information, material, text, graphics and facilities on the Platform.
Rental Content means Platform Content which has been rented at no cost for limited viewing period by a Member and is available for viewing for a specific time period.
2. Acceptance of Terms
These terms form the basis on which you agree to use Durban International Film Festival’s Platform to rent at no cost for a limited viewing period our films.
These terms represent a legally binding agreement between you and the Durban International Film Festival. By using the Platform (which includes accessing the Platform, creating an account, and/or renting at no cost for a limited viewing period any Platform Content), you accept these terms and agree to abide by them.
If you need to contact us about the Platform, you can do so by contacting us through our About Us page.
We reserve the right to change these terms. If we do so, then prior to any subsequent renting at no cost for a limited viewing period of any Platform Content, you will receive an email notifying you of the updated terms to the email address you provided when creating your account.
3. Use of the Platform
The Platform permits you to rent at no cost for a limited viewing period our Platform Content for your personal use in accordance with these terms, including any terms specific to particular Platform Content.
To rent at no cost for a limited viewing period Platform Content you must be 18 years or older and located in a territory where the particular Platform Content is authorised to be available. You agree not to use or attempt to use the Platform from outside this territory. We may use geo-filtering / geo-blocking technologies to verify your compliance and prevent access outside this territory.
You are responsible for ensuring that all persons who access the Platform through your internet connection are aware of these terms and that they comply with them.
4. Technology Requirements
You are responsible for making all arrangements necessary for you to access the Platform including ensuring you employ technology capable of utilising the Platform. Use of the Platform requires Compatible Devices, certain software (fees may apply) and internet access. Use of the Platform may be affected by the performance of these factors and these requirements are subject to change at any time. We will use reasonable endeavours to give you notice of any changes.
5. Compatible Devices and Software
The system requirements are detailed in the Help page.
You acknowledge that the Platform may not work on all Compatible Devices set out above, particularly older devices, browsers and/or operating systems.
High-speed internet access is strongly recommended.
6. Purchase and Payment
The Durban International Film Festival shall not transact any sales on this Platform and shall be fully indemnified against transactions that you enter into with third parties.
The Durban International Film Festival accepts no liability for any losses you may incur as a result of any breach of terms either by yourself or by any third party advertisers on the Platform, and the Durban International Film Festival shall not enter into correspondence hereto for any transactions that you may enter with third parties.
7. Member Accounts
Some important details about your Member Account:
- Don’t reveal your account information to anyone else;
- You are solely responsible for maintaining the confidentiality and security of your Member Account and for all activities that occur on or through your Member Account;
- You agree to immediately notify the Durban International Film Festival of any security breach of your Member Account;
- The Durban International Film Festival shall not be responsible for any losses arising out of the unauthorised use of your Member Account;
- If you create a Member Account and/or use the Platform on someone else’s behalf, you warrant that you have that person’s authority to do so. You also accept all liability and the consequences for any breaches of these terms resulting from any unauthorised activity you conduct. - You shall not access or attempt to access a Member Account that you are not authorised to access. - You agree to provide accurate and complete information when you become a Member, and as you use, the Platform and you agree to update such information to keep it accurate and complete.
8. Buying and Renting Platform Content
Platform Content is available to Members to rent at no cost for a limited viewing period for streaming via the Platform.
Platform Content is only available within the territories in which the particular Platform Content is authorised to be available.
The Platform Content will be available to you to start viewing on Compatible Devices upon successful registration for the Platform Content and subject to the speed of your internet connection and as follows:
Renting Platform Content
Rental at no cost for a limited viewing period Content will be available for you to view immediately from registration for the period of time specified on the Platform.
You may pause and rewind the Rental Content. Stopping, pausing, or restarting Rental Content does not extend the available time for viewing. You may discontinue your viewing and resume later.
Rental at no cost for a limited viewing period Content may be viewed for an unlimited number of times during the rental period.
You acknowledge that the volume of data consumed by accessing the Platform Content is typically high. The payments you make to rent or purchase Platform Content do not include any charges for internet usage. You are solely responsible for any internet usage or charges that your ISP may apply in relation to accessing Platform Content.
10. Platform Service and Availability
We may modify, suspend, or discontinue the Platform or any Platform Content at any time with or without notice to you.
We will not be liable for any unavailability of the Platform or of any Platform Content if you have breached any of these terms or for any unavailability beyond our control.
11. Rules of Use
You shall use the Platform and the Platform Content strictly in accordance with these terms.
You will be authorised to use Platform Content only for personal, non-commercial use. You may not make any Platform Content available for any commercial purpose, educational purpose or any other purpose not expressly authorised in these terms.
You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to the Platform and the Platform Content for any reason, or to interfere with, remove or alter any digital rights management information on the Platform or the Platform Content, or to attempt or assist another person to do so.
You must not abuse or misuse the Platform by attempting to compromise the service by employing technologically harmful means or material.
You will not use the Platform for any purpose which is unlawful, not authorised by us or otherwise conflicts with these terms.
Your use of the Platform may be monitored and controlled by Durban International Film Festival or its service provider for compliance purposes at any time.
12. Third Party Material
Some information contained in the Platform may link you to sites that are not owned or under the control of The Company. The Company assumes no responsibility or liability for the content of those sites or otherwise for any third party material that may feature on the Platform.
13. Objectionable Material
We aim to include rating information when available for all Platform Content. You may personally consider some Platform Content to contain offensive, indecent, or objectionable content and some Platform Content may also contain explicit material. Subject to applicable censorship laws the Platform provides Platform Content at your sole risk and Durban International Film Festival shall have no liability to you for material that you may consider to be offensive, indecent, or objectionable.
14. Intellectual Property
The Platform and the Platform Content contain information and material that is owned by Durban International Film Festival and/or its licensors and/or service providers, and is protected by applicable intellectual property and other laws, including those relating to copyright. The Durban International Film Festival reserves for itself and such third parties all such rights in all jurisdictions throughout the World.
* You must not (and must not permit others to) authorise or assist any other person to remove or interfere with any copyright notices contained in any Platform Content.
* We take infringement of our copyright (and that of our licensors and service providers) seriously. You must:
* only use the Platform Content and related information and materials in the course of using the Platform in compliance with these terms and not for any other purpose;
* not download, upload, copy, reproduce, communicate to the public, transmit, publish, broadcast, modify, manipulate, rent, lease, loan, sell, distribute, or create any derivative works of any Platform Content or any part of it;
* not copy, reproduce, modify or manipulate any part of the Platform and/or Platform Content in any manner;
* not exploit the Platform or Platform Content in any unauthorised way whatsoever.
* We reserve all rights and remedies available to us to prevent any infringement of intellectual property we or our licensors or service providers own that is comprised in the Platform or Platform Content.
* The Durban International Film Festival’s trade-marks, logo, service marks, graphics, and logos used in connection with the Platform are the intellectual property of The Company. Other trade-marks, service marks, graphics, and logos used in connection with the Platform or with Platform Content may be the trade-marks of their respective owners. You are granted no right or licence with respect to any of the aforesaid trade-marks and any use of such trade-marks.
- terminate the agreement created between you and The Company pursuant to these terms; and
- suspend access to the Platform (or any part thereof) or any Platform Content at any time without notice.
Provided you are not in breach of these terms we will reimburse you for any Platform Content you have successfully paid for but has not been made available to you in accordance with clause 7 at the time of termination or suspension.
We will not be liable if for any reason the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform or to Platform Content.
We have the right to disable any Membership at any time, if in our opinion you have failed to comply with any of these terms.
You may cease to use the Platform at any time.
Your use of the Platform is at your own risk.
The Company does not guarantee, represent or warrant the uninterrupted or error-free use of the Platform and shall not be liable for any loss arising from such events including but not limited to loss, corruption, attack, viruses, interference, hacking, or other security intrusion or any other factors beyond The Company’s and/or its licensors’ and/or its service providers’ reasonable control, including but not limited to the nature of your Compatible Device or internet connection.
To the extent permitted by law, the Platform and the Platform Content are provided by The Company without warranties or guarantees of any kind, other than the statutory protection afforded to you by applicable legislation.
17. Limitation of Liability
The Company’s liability shall be limited as set out in these terms and otherwise to the amount of any liability that may arise under any applicable legislation and solely in respect of the failure to comply with any guarantee corresponding to The Company’s supply of goods or services relating to the Platform or any Platform Content.
The Company expressly excludes any liability for any direct, indirect or consequential loss or damages incurred by any user in connection with the Platform or in connection with the use, inability to use, or results of the use of the Platform.
18. Waiver and Indemnity
You agree to indemnify and hold The Company, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of these terms and your use of the Platform.
The Company reserves the right to take any action we believe necessary to recover any sums you owe us. You agree that, in such circumstances, you will be liable for all costs and expenses incurred by us including, but not limited to, legal fees, collection fees, arbitration costs and court costs.
These terms constitute the entire agreement between you and The Company regarding the Platform.
If any part of these terms is held invalid or unenforceable the remaining parts of these terms shall remain in full force and effect.
Our failure to enforce any right or provisions under these terms will not constitute a waiver of such provision or any other provision.
We will not be responsible for failure to fulfil any obligation due to causes beyond our control. We may notify you with respect to the Platform by sending an email message to your Member email address. Notices shall become effective immediately when issued by us.
20. Governing Law
These terms and your use of the Platform and Platform Content are governed by the jurisdiction where The Company is based for any claim or dispute relating in any way to your use of the Platform.