ourscreen Ltd (via "Virtual Cinema by ourscreen") offers a video service ("the Service") that will enable users to access screeings of films, series, documentaries, television programs and other audio and visual formats via the website https://virtual.ourscreen.com/

("the Website") or by means of the applications available on the authorized devices.

Hereinafter, the Website and the other applications available to access Virtual Cinema by ourscreen will be jointly referred as "the Platform".

These Terms of Use set out the rules for accessing and using the Platform, regardless of the device used for such access and whether the user has registered on the Platform or not.

ACCEPTANCE

User is any person who uses the Platform, even though he has not registered or accessed any content ("the User").

The use of the Platform implies that the User has fully and unreservedly accepted these Terms of Use, including the Privacy Policy and Cookies, in the version published by ourscreen Ltd at the time at which the User accesses the Platform, as well as all regulations and instructions brought to the Users' attention by ourscreen Ltd and that complete and/or modify the matters stated in these Terms.

ourscreen Ltd reserves the right to modify these Terms of Use at any time for legal or technical reasons, because of changes on the Platform or in the applicable regulation, or for corporate decisions. When this happens ourscreen Ltd may announce the changes on the Platform and if the User continues accessing and using the Platform, he will be expressing his acceptance of these changes.

ourscreen Ltd recommends that all Users should periodically read these Terms of Use and to confirm that every time they use the Platform they agree with what is set out in these Terms. The last updated version of the Terms of Use will always be available in the Terms of Use section of the Platform.

If the User does not agree with the Terms of Use, he shall cease to use the Platform.

The User declares that he/she is 18-years-old or older and that he/she has the necessary legal capacity to accept these terms.

In addition if the User registers on the Platform, and if the User contracts the Service under any of the available modalities, the Contractual Conditions shall apply as well as any other particular conditions that may be applicable, as appropriate, to the particular modality of the Service that the User has ordered and that, in any event, ourscreen Ltd will provide to the User during the registration process as well as at the time of the contracting. The Contractual Conditions and the particular conditions will complete these Terms of Use and, should there be any contradiction, the terms of the Contractual Conditions and the particular conditions will prevail over these Terms of Use.

INDUSTRIAL AND INTELLECTUAL PROPERTY

All the contents offered on the Platform, including the Website, audio-visual contents, trailers, texts, synopses, photographs or illustrations, logos, brands (including ourscreen Ltd & Virtual Cinema by ourscreen brand and its logo), graphics, designs, interfaces, etc. remain with ourscreen Ltd or have been licensed to ourscreen Ltd by third parties holding the rights over these contents and they are protected by intellectual or industrial property rights.

The Users can use the Platform and the contents published on it in a non-exclusive manner, only for their private use, and in each case in accordance with the Contractual Conditions or other particular conditions that may be applicable, depending on whether the User is a mere visitor, or he has contracted any of the modalities of the Service.

In any case, it is not permitted to make commercial use of the contents, nor copy, store or download, distribute, publish, send, transform or use any reverse engineering technique, de-coding of the contents or a part of them, or make any use of means or procedures other than those placed at the Users' disposal on the Platform so as to use the contents in a way other than as authorized by ourscreen Ltd.

It is not permitted to eliminate or manipulate the author´s rights or copyright indications or other credits that identify the right holders of the contents that are offered on the Platform, nor the technical devices for protection, digital signatures, or any mechanism of protection or information included in the contents offered on the Platform.

All the intellectual and industrial property rights over the Platform and any other contents contained on it, including the audio-visual contents, are reserved by ourscreen Ltd and its licensors.

RULES OF USE OF THE PLATFORM

The User undertakes to use the Platform and all the contents that are offered through it in accordance with these Terms of Use, the law, morality, good faith and public order.

Similarly, the User undertakes to:

  • solely and exclusively use the Platform for his personal purposes and accordingly, to refrain from using it for any commercial purposes.
  • if he/she/they registers on Virtual Cinema by ourscreen, do so with a correct identity, refraining from imitating third persons or doing any action that may confuse other users about the identity of the origin of a message.
  • if he/she/they registers on Virtual Cinema by ourscreen, and enters any payment method, do so only if the User is the account holder and/or has the legal right to use the selected payment methods.
  • if he/she/they registers on Virtual Cinema by ourscreen, not to reveal nor share their ourscreen account information with third parties.
  • accept that there may be geographical limitations in the Service due to technical, legal and content provider restrictions. The Service modalities, the digital content and the way it is offered may vary over time and depending on the geographical location of the User. ourscreen Ltd will use technologies to verify the geographic location of users. The User shall not use any technology to obfuscate or simulate such location.
  • accept that the display quality of the content being streamed may vary depending on device model used, and may be affected by many factors, including Internet speed.
  • accept that Service requires Internet connectivity. Depending on user’s contract with Internet provider, user may incur additional data charges when using the Service.
  • accept that some Service modalities may offer content for free with advertisements, with no need to register an account. User accepts to share some personal data for the performance of this advertisement, according to what is described in the Privacy Policy. If you wish to know more about this practice or would like to know more about your options, you can visit the European Interactive Digital Advertising Alliance (EDAA) web-site: http://www.youronlinechoices.com/goodpractice.
  • accept that in some Service modalities access to content for free with advertisements may be limited only to users who register an account.
  • accept that in some Service modalities the access to content for free with advertisement may be restricted to the cases where usage of Ad Blockers is disabled.
  •  not to breach, or attempt to breach, the security or authentication measures of the Platform or of any network connected to the same.
  • not to use the Platform in such a way that constitutes a violation of the rights of ourscreen Ltd or of any third party (including intellectual property rights).
  • not to carry out any action whose objective is the modification, or elimination of any software or information about the management of rights and/or measures of protection of the contents that are offered on the Platform.
  • not to modify and/or use the Platform in such a way that may result in an invasion of privacy of other users or obtain personal information about them.
  • not to access any section of the Platform, or other systems or networks connected to it, without authorization, by means of piracy or falsification or extracting passwords or by any other illegitimate means.
  • not to use any application for extracting any type of information concerning the Service and/or the Platform.
  • not to carry out any activity that may directly or indirectly facilitate the contravention of the law by third parties.
  • not to publish directories of links that make possible to undertake unauthorized public communication of works protected by intellectual property rights (such as peer-to-peer servers, BitTorrent trackers).
  • not to carry out any action that provokes a disproportionate or unnecessary level of saturation of the Platform or that in any other way renders the operation of the Platform useless or deteriorates such an operation or the systems or networks of the Platform or the computer equipment of other users or impedes the normal utilization or enjoyment of the Virtual Cinema by ourscreen services by other Users.
  • not to use the Platform for the transmission, installation or publication of any virus, malicious code or other programs or files that are harmful or any defamatory, offensive, racist, vulgar, degrading, pornographic or obscene or threatening material, or material that could cause offence to any person.
  • not to use the Platform to transmit or otherwise make available unsolicited or unauthorized advertising or promotional materials, for example junk mail, spam, chain letters, pyramid schemes or other similar materials.
  • not to alter or impede the ordinary course of an event, contest, promotion or any other activity available through the Platform or any of its functionalities, by means of any procedure and/or any practice that alters or seeks to alter the access, participation or functioning of it, or falsifies the result of the same and/or utilizes fraudulent methods of participation or otherwise infringes these Terms of Use in any manner.
  • not to commit any piracy activity. The User agrees that reproduction and public communication of any audiovisual content without authorization is an act of copyright infringement and is subject to civil and criminal penalties. It is illegal whether the User uses unauthorized audiovisual content himself, gives it away, or sells it. Aiding piracy by providing unauthorized access to audiovisual content can also be illegal and it is forbidden by these Terms of Use.

RULES OF PARTICIPATION IN THE Virtual Cinema by ourscreen messaging AND OTHER PUBLIC AREAS

Virtual Cinema by ourscreen may offer chat facilities on the Website to enable Users to participate with their comments.  Virtual Cinema by ourscreen may also enable other areas of the Platform or of third party platforms (such as Facebook) for Users' participation. Such areas and the chat facilites will be jointly referred in this document as "the Public Areas".

The Users can participate in the Public Areas to make comments or publish content and ourscreen Ltd appreciates Users' participation.

Contents published on the Public Areas by other Users may not coincide with the opinion of ourscreen Ltd.

When a User participates in the Public Areas and publishes any content, he must acknowledge and accept that other Users will be able to access and use such contents. ourscreen Ltd cannot control what use other persons will make of the contents published by other Users and hence ourscreen Ltd will not be responsible for this. ourscreen Ltd recommends that Users should not publish personal data or material protected by intellectual property rights or other materials that they do not wish to be used by third persons.

ourscreen Ltd will not be liable for errors, inaccuracies or irregularities that comments published by Users may contain, neither for the damages that may be occasioned by the insertion of comments in the Public Areas.

The Users who participate in the Public Areas must make appropriate use of them. In order to ensure that the Platform is a secure environment and to protect Users, it is prohibited to send, introduce, transmit, distribute and/or publish anything via the Public Areas, that could be offensive, defamatory, pernicious, obscene or pornographic; likely to harm or violate third party rights, whether contractual or not, including among others, intellectual and/or industrial property rights, honor, privacy and/or image; likely to cause damage to ourscreen Ltd systems, or ourscreen Ltd’s providers or third parties’ systems, that is illegal or contrary to good faith and to the public order; and/or in any way offer or demand products, services and/or funds. The User who breaches this prohibition will be liable for any claim that may take place because of this.

The User who publishes any content in the Public Areas assigns to ourscreen Ltd all the reproduction, distribution and public communication rights of such content for any use, in any format, including electronic, digital or paper. In particular, the User assigns the necessary rights for having his content published on the Platform with the aim of other Users being able to access it.

The User who publishes any content in the Public Areas represents that he is the owner and right holder of such content, or as the case may be, represents that he has obtained the rights and authorizations from the corresponding right holders that are necessary for the use of the content by ourscreen Ltd via the Platform.

ourscreen Ltd will not be liable for the damages that may arise because of the use, reproduction, distribution or public communication of any content protected by intellectual property rights pertaining to third parties and that has been published in the Public Areas by any User without having first obtained the necessary authorization from such third parties right holders.

ourscreen Ltd reserves the right to prevent the access to the Platform to Users who breach the rules of participation in the Public Areas, as well as to unilaterally remove any content hosted in any Public Area when there is evidence that such content infringes any statutory provision, violates third party rights or is used for advertising purposes (spam), as well as when ourscreen Ltd deems this appropriate.

ourscreen Ltd does not control the content published by the Users on the Public Areas, and it does not assume any liability for such content. Therefore, ourscreen Ltd will not be liable for the content published by Users when it does not have actual knowledge that such content is unlawful or that it harms third party rights.

Nonetheless, ourscreen Ltd reserves the right to monitor any content published by Users on the Public Areas and, to remove or otherwise make the content that infringes these Terms of Use or the Privacy Policy and Cookies inaccessible. Likewise, if a User discovers that there is any content on the Platform that may be inappropriate and contrary to the Terms of Use or the Privacy Policy and Cookies, please inform ourscreen Ltd by sending an electronic mail to info-vc@ourscreen.com

 LINKS

Links to other websites

ourscreen Ltd may include links to other websites or services on the Platform. These links are included to inform Users about the existence of other sources of information on the Internet or to redirect you to the service of a third party or to a ourscreen Ltd partner, where you can expand the data offered on the Platform or complete your experience.

The inclusion of any type of link from the Platform to another website or external service does not imply that there is any type of relationship, collaboration or dependency between ourscreen Ltd and the owner or controller of the website or external service.

Indeed, the inclusion of those links does not represent a suggestion, invitation or recommendation from ourscreen Ltd to visit the websites or external services of destination, and ourscreen Ltd does not always check what is published on these websites or external services. Therefore, ourscreen Ltd cannot guarantee the technical availability, quality, reliability, accuracy, veracity, validity and legality of any material or information contained on any of these websites or external services. Once a User clicks on a link, he will enter the website or the service of a third party. ourscreen Ltd recommends that Users should review the terms of use and privacy policy of such website or service to ensure that he agrees with them.

Links on other websites or services whose destination is the Platform

The links to the Platform placed by third parties on their websites or services must meet the following conditions: a) the link will only allow for access to the Platform but it will not be permitted to reproduce the Platform or parts of the same in any form, b) it is not permitted to set up links to areas of the Platform other than the areas for which it is unnecessary to register on the Platform to gain access, c) it is not permitted to create a browser or a border environment on the sections of the Platform, nor can the Platform be altered in any way, d) it is not permitted to make false or inaccurate or incorrect statements or expressions about the Platform and/or assert that ourscreen Ltd has authorized the link or that in any way it has supervised or assumed the contents or services offered on the website on which the link is included, e) the website on which the link is included shall not contain any brand, logotype, slogan or other distinctive signs of ourscreen Ltd, f) the website or service on which the link is offered will not contain any content that is unlawful, contrary to morality or the public order, and neither will it contain any content that infringes third party rights, including industrial or intellectual property rights and/or honor, privacy and/or image rights.

Any link to the Platform must not induce error, confusion or misunderstanding in users regarding the origin of the content available on the Platform nor entail an act of comparison or unfair imitation or a usage of the reputation of ourscreen Ltd.

ourscreen Ltd does not have the technical and human resources to find out, check or approve all the information, contents, products or services facilitated by other websites or services that include links whose destination is the Platform. In this regard, ourscreen Ltd does not assume any liability for any aspect relating to the website or service that includes such a link, including among others, the quality and reliability of its products and services or the operability of the website or service itself.

Collaboration of the Users

ourscreen Ltd appreciates that Users who become aware of the unlawful nature of the activities carried on by third party websites linked from the Platform, or by third parties' websites or services containing links to the Platform, reporting them to ourscreen Ltd for the purposes of disabling these links.

BREACH

In the event that a User breaches these Term of Use, or the Contractual Conditions or other conditions that may be applicable to the modality of the Service that the User has contracted, ourscreen Ltd will be entitled to take the measures that it considers necessary, including the suspension of the Service or the temporary blocking the transgressing User's account and the service or the definitive cancellation of his account, automatically and with no prior notice, and under no circumstances will such a suspension, blocking or cancellation entitle the transgressing User to any indemnity.

Likewise, ourscreen Ltd informs that it will report the public authorities and competent bodies that opportunely collaborate with them if it discovers any infringement of the applicable legislation or it suspects that any offence has been committed through the Platform.

GUARANTEES

ourscreen Ltd makes its best efforts to ensure that the Platform is available 24 hours per day and to ensure the security and quality of the Platform based on the current state of the technology. However, ourscreen Ltd cannot guarantee the permanent availability and the continuity of the Platform and servers, the absence of incidents, interruptions or disconnections that impede the normal operation of the Service, the absence of viruses or other elements that may lead to alterations to the Users' computer system, or the reliability, utility, veracity, accuracy and up to date nature of the information contained on the Platform. Hence ourscreen Ltd is not liable in the case of any of the circumstances occurring.

ourscreen Ltd likewise excludes any liability for all damages that may be caused for the use of the Platform by Users in any manner other than as set out in these Terms of Use.

The User accepts that he may find contents that he considers offensive, indecent or censurable on the Platform. The User will normally find a warning before accessing said contents.

The User accepts that the Service may contain third party advertisements and/or other content, and/or links to third-party websites or other services that are not owned, controlled or operated by ourscreen Ltd. ourscreen Ltd does not necessarily review, endorse, approve, or sponsor any third-party Services, or any third-party content, advertising, information, materials, products, services, or other items.

Any activities the User engages in connection with third party Services found on or through the Service (including on or via third party Services or advertisements) are solely between User and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties, including product warranties, privacy and data security, and the like) and subject to that third party Services’ privacy policy and terms of use which User should read before engaging in such activities. ourscreen Ltd disclaims all liability in connection therewith. Furthermore, ourscreen Ltd is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such third-party Services.

The User is aware of and voluntarily accepts that the use of the Platform takes place, in all cases, subject to its sole and exclusive responsibility and ourscreen Ltd will not have any liability based on the type of content offered.

Nonetheless, ourscreen Ltd offers a parental control tool for the Users to manage the type of contents that can be accessed from their accounts.

The classification of content (including the genres, sub-genres and categories and sub-categories and similar) and the descriptions are provided for convenience and the User recognizes and accepts that ourscreen Ltd does not guarantee their accuracy.

ourscreen Ltd cannot guarantee that all Users utilize the Platform in accordance with these Terms of Use, the law, morality and public order, or that they do so in a diligent and prudent manner.

GENERAL

ourscreen Ltd reserves the right to unilaterally modify, at any time and with no prior notice, the presentation and configuration of the Service and its modalities, the contents and other functionalities of the Platform, as well as the conditions required for accessing and/or using the Service with no further requirement than the publication of this on the Website.

Likewise, the features of the Service offered by ourscreen Ltd can be modified with the aim of adapting them to the technical evolution, being able to insert variations in the Service that segment the market or that incorporate new free or payable services and/or contents, as well as any technical enhancement that makes possible to include a larger number of services, so as to improve them.

Virtual Cinema by ourscreen will be able to modify, cancel and/or suspend, at any time, temporarily or definitively, access to its Service, in which case it will inform about its decision.

The Users can present their complaints, claims and report incidents to the Customer Care Service by emailing info-vc@ourscreen.com. In order to resolve any complaint, the Users have to submit proof of their identity, the content of the complaint and the date on which it is submitted.

The headings of the different clauses are only informative, and they will not affect the interpretation of these Terms of Use.

In the event of a discrepancy between what is stated in these Terms of Use and the Contractual Conditions or other particular conditions that may apply to the specific modality of the Service contracted, the terms set out in the latter will prevail.

ourscreen Ltd failing to exercise any right or provision contained in these Terms of Use will not constitute a waiver of this right, unless there is written agreement and acknowledgement by ourscreen Ltd.

In the event that any provision of these Terms of Use is considered null and void or inapplicable, in whole or in part, by any Court, Tribunal or other administrative body, said nullity or non-applicability will not affect the other provisions of these Terms of Use.

These Terms of Use are governed by laws of England and Wales. ourscreen Ltd and the Users submit to the non-exclusive jurisdiction of the courts of England for the purpose of hearing and settling any dispute arising out of or in connection with these Terms of Use and the service, without prejudice to the law and jurisdiction that would apply if is not available to the parties by law.

ourscreen Ltd has its registered office at Albert House, Singer St, Old Street, London EC2A 4BQ  Users can contact Virtual Cinema by ourscreen by sending an email to info-vc@ourscreen.com
Users can contact ourscreen Ltd by sending an electronic mail to info-vc@ourscreen.com

Latest update: 12/09/2020 

© 2020 OURSCREEN LTD / VIRTUAL CINEMA BY OURSCREEN,. ALL RIGHTS RESERVED.