USER TERMS AND CONDITIONS FOR USERS OF SHORTLY
- GENERALLY ABOUT SHORTLY
1.1 Shortly is owned and operated by the company Shortly AB. Shortly is a service for film watchers (Users) to watch and rate short films (defined as fiction-, documentaries- and animation- films under 70 minutes) and interact with filmmakers/right holders of short film. Shortly offers users access to short films through subscription to the streaming service (the “Service”).
1.2 A fundamental precondition for being able to commence use of the Service is that you approve these Terms and Conditions (“Terms and Conditions”). You must read and approve the Terms and Conditions before using the Service. By approving the Terms and Conditions, you execute a binding agreement with Shortly AB (“Shortly”). You are referred to below as the user (“User”).
- REGISTRATION OF SUBSCRIPTIONS
2.1 In order to subscribe for the Service, the User must be 18 years of age. Persons under 18 years of age may only use the Service with the assistance of a parent or guardian, using such person’s account. Such users are also covered by these Terms and Conditions.
2.2 Registration of a User account is made on the website www.shortly.film (the “Website”) or via other services and social media. In conjunction with registration via other services and social media, the User’s user information may be retrieved from such services or social media in order to create the User’s user account with Shortly.
2.3 The User is responsible for ensuring that the information stated in conjunction with registration is correct, including information obtained from other services in social media, and, where necessary, for updating his/her user account with correct information. When registering, the User may only enter payment and credit cards held by the User himself/herself.
2.4 Upon registration, the User shall submit a username and a password (the “Login Information”). The User’s Login Information is personal and may not be used by any third party. The User shall store his/her Login Information in such a manner as to ensure that it is protected from unauthorized access. The User is responsible for all use of the Service which takes place through the User’s user account.
2.5 In the event the User suspects impermissible use of his/her Login Information, the User shall notify Shortly immediately, and change the password. Where Shortly has cause to believe that the Login Information has been disclosed or otherwise misused by an unauthorized person, Shortly shall be entitled to immediately terminate the User’s subscription.
Shortly accepts most credit cards and payment cards. You can also use 3D Secure for payment.
- RIGHT OF WITHDRAWAL
The User’s purchase of a subscription to the Service is covered by the Swedish Remote Sales Act (SFS 2005:59). This means, among other things, that the User is entitled to withdrawal from the purchase (“Right of Withdrawal”) within 14 days of the date on which the User accepted the terms and conditions for the purchase (“Withdrawal Deadline”). In order to exercise his/her Right of Withdrawal, the User must have contacted Shortly’s customer service at firstname.lastname@example.org prior to the expiration of the Withdrawal Deadline. The User’s Right of Withdrawal is conditional on the User not having begun watching the content in the Service. This means that if the User has activated the Service and begun watching the content, the User cannot withdrawal from its purchase pursuant to the Remote Sales Act even if the Withdrawal Deadline has not expired.
- USE OF THE SERVICE
The User may only use the Service for his/her own use and in accordance with the Terms and Conditions. The User may not personally, or encourage anyone to, assist or permit any third party to (a) use the Service for a commercial or public purpose; (b) copy/reproduce, lend, sell, transfer, distribute, edit or otherwise convey or adapt the contents of the Service; (c) circumvent, modify, delete, change or otherwise manipulate any security, encryption, or other technology or software which is a part of the Service; or (d) otherwise use the Service in contravention of copyright law or other legislation.
- AMENDMENT OF THE TERMS AND CONDITIONS
The Terms and Conditions may be amended after the User has approved them for the first time, for example where Shortly introduces new payment methods or offers new types of subscription. Not less than 15 days prior to the amendments taking effect, Shortly will inform the user of such amendments via My Pages, email or through notice in the Service.
- CHANGES IN THE SERVICE
Following notice by email or publication on the Website, Shortly shall be entitled to make changes in the Service. Such changes shall enter into force at the time stated in the notice, however not earlier than 15 calendar days from dispatch of the notice or publication. Changes may also be made upon shorter notice where caused by potential statutory violations, a decision by a public authority, legislative amendments or other similar situations of a force majeure nature.
- TERM OF AGREEMENT AND TERMINATION
A subscription for the Service is acquired either for a subscription period of one (1) month or one (1) year. Where the subscription is acquired for a period of one (1) month, the subscription is automatically renewed for a period of one (1) month each time until such time as the User or Shortly terminate the subscription pursuant to these Terms and Conditions. In the event the subscription is acquired for an entire year, the subscription will be extended by a period of one (1) year each time unless terminated by either of the parties not later than one (1) month prior to the expiration of the term of agreement.
No refund shall be made of a subscription fee paid in advance for a future period and the User shall be entitled to continue to use the Service until such time as the subscription period has expired. In the event the User is entitled to a free trial period, a subscription period of one (1) month shall apply commencing on the day after the trial period terminated (unless the User has terminated the agreement prior to the expiration of the trial period).
In the event the User wishes to terminate the agreement, notice must be given to Shortly at email@example.com or, where Shortly provides such a function, via the Website (see section 16 below for contact information). In the event Shortly wishes to terminate the User’s subscription, Shortly shall give notice to the User by email, via My Pages, or through a notice in the Service.
- PERSONAL DATA, ETC.
Shortly stores and uses the personal data provided by the User in conjunction with the registration of his/her user account. By approving the Terms and Conditions, the User agrees to Shortly storing and using such information in the business in order to perform the agreement with the User. See also the policy for handling personal data at www.shortly.film/privacypolicy.
- INTELLECTUAL PROPERTY RIGHTS
The Service contains material which is protected by the Copyright (Literary and Artistic Works) Act (1960:729. This means, among other things, that the User is not entitled to disseminate (make available to the public) or copy all or part of the Service for the general public or otherwise use the service for commercial use.
The User obtains a nonexclusive, non-assignable, and limited license to use the content from the Service. The User may only use the Service, and the content in the Service, in accordance with the Terms and Conditions. For the avoidance of any doubt, the User’s agreement with Shortly does not mean that any title or other intellectual property rights to the content in the Service, or to the Service, are in any way licensed or transferred to the User.
- LIABILITY FOR THE SERVICE
The content in the Service is made available “as is” and Shortly is not obligated to ensure that the content is correct or complete. Any loss which arises as a consequence of errors in the content is thus not compensated by Shortly. In addition, at any time whatsoever and without prior notice, Shortly may delete or change the content of the service. Shortly constantly endeavors to improve both functionality as well as content and therefore changes are made continuously.
The Service is not intended to be used by children without the participation, supervision, and consent of a guardian. As the guardian, the User is solely responsible for determining what content is appropriate for the child and the User is also responsible for ensuring that his/her child uses the Service in accordance with these Terms and Conditions.
In the event of any defects covered by Shortly’s liability and where the defect is of material significance, the User is entitled to file a complaint in respect of the Service. The complaint must be made within two (2) months after the defect arose. Notice of complaint must be given in writing to firstname.lastname@example.org
Neither Shortly, its employees, directors, nor associated third parties shall under any circumstances be liable in damages for any direct, indirect, temporary or special damage or consequential loss which arises as a consequence of the use of, or inability to use, the Service.
The User may not act in any manner which may cause the Service or Website to be dysfunctional, overloaded, damaged or impaired. The user may also not prejudice any other user’s use of the Service.
The User may not attempt to acquire impermissible access to networks, data systems, content or information related to the Website or the Service. A breach of this provision shall always be deemed to constitute a material breach of contract which, among other things, may result in termination with immediate effect.
- THE USER’S LIABILITY
The User agrees to compensate and hold Shortly harmless for any and all loss, damages, claims, costs and fees, including legal expenses, caused by or in conjunction with any violation by the User of these Terms and Conditions, and any violations of any legislation, regulations or third-party rights.
Shortly shall be entitled, without prior notice and without the consent of the User, to assign its rights and obligations under the Terms and Conditions to a third party. The User may not assign its rights and obligations under the Terms and Conditions to any third party.
- GOVERNING LAW – DISPUTES
The parties shall firstly attempt to resolve through agreement any dispute arising as a consequence of the Terms and Conditions. In the event the parties are unable to reach agreement, the dispute shall be determined by a Swedish court of law upon application of Swedish law. In its capacity as a consumer, the User is entitled to refer the dispute to the court of law where the User is domiciled. The User may also elect to turn first to the Swedish National Board for Consumer Disputes for adjudication of the dispute (www.arn.se/).
- CONTACT AND SUPPORT
Shortly Customer Service