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By using this Site and/or Applications you agree to these Terms and to disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Danish law. If you do not agree to these Terms, you do not have permission to use the Site. FkN reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time. Notification of changes to these Terms will be posted on the Site. If any future changes to these Terms are unacceptable to you, you must discontinue use of the Site.
1. REGISTRATION
In consideration of your use of the Site and/or Applications, you agree to provide true, accurate and complete information about yourself as prompted by the Site registration. In addition, you agree to update that information in order to maintain its truth, accuracy and completeness. FkN may deny you access to the Site or reject your submission(s) in the event that your information is untrue, inaccurate or incomplete.
2. OBLIGATION FOR USING YOUR PASSWORD
All Content or instructions transmitted by or received from anyone presenting your password on the Site will be deemed binding on you. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to make use of the site for which you will be legally responsible. If you suspect that someone may have obtained access to your password who is not intended to have authority to act on your behalf, please contact FkN immediately to authorize FkN to deny access to the Site to anyone else presenting your password.
3. LIMITED NON-COMMERCIAL LICENSE TO USE SITE
FkN hereby grants you the limited right to view and use the Site only for the purposes of viewing data or playing content such as trailers or films (VIP users only). FkN reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site. Without limiting other restrictions, you agree not to reproduce, transmit, sell, or otherwise exploit the Site and/or Applications for any commercial purpose.
4. UPLOAD CONDITIONS
The Site allows you to upload film content. You agree that the use of the Site for this purpose is subject to the following conditions:
5. COPYRIGHTS AND TRADEMARKS
FkN will not tolerate copyright infringement and reserves the right to block, disable, or otherwise remove any content or materials uploaded to the Site as well as terminate access to the Site if you engage in copyright or other intellectual property infringement. The law provides for civil and criminal penalties for copyright and other intellectual property law infringements.
Displaying, performing, storing, copying, distributing, or otherwise making available or using any content from the Site or Applications is prohibited, unless specifically authorized by FkN. Accordingly no such content or Applications may be used on another web site without express written permission from FkN.
6. INDEMNITY
You agree to indemnify and hold FkN, its affiliates, partners and employees harmless from any claim or demand, including reasonable attorneys fees, arising out of your content and materials, your use of the Site, your violation of these Terms or your violation of any third party's rights including such party's copyrights and trademarks.
7. DISCLAIMER OF WARRANTIES
Except if expressly provided otherwise in a written agreement, the Site and Applications offered at or through the Site are provided to you "As is" without warranty of any kind and with all risks. FkN hereby disclaims to the maximum extent permitted by law all warranties either expressed or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose; availability of the Site, Lack of viruses, worms, Trojan horses, or other code that manifests contaminating or destructive properties; accuracy, completeness, reliability, timeliness, currency, or usefulness of any information on the site; and any duties of reasonable care, workmanlike effort or lack of negligence in connection with the Site, Applications or related information.
8. NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES
To the maximum extent allowed by law, you agree that FkN will not be liable to you and/or any other person for any consequential or incidental damages whatsoever that arise out of or are related to the Site, Applications or related information, or to any breach of these terms.
9. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant for the benefit of FkN and any third parties mentioned on the Site, in addition to other representations and obligations contained in these Terms, that: (a) you possess the legal right and ability to enter into and make the representations and warranties contained in these Terms; (b) all information submitted by you to the Site is true and accurate; (c) you will keep your registration information current; (d) you will be responsible for all use of your password even if such use was conducted without your authority or permission; (e) you will not use the Site for any purpose that is unlawful or prohibited by these Terms; (f) you are the owner of the Materials and they are original to you; (g) the Materials do not infringe any third party right, such as copyright, trademark, and publicity/privacy right; (h) the Materials do not constitute defamation or libel or otherwise violate the law, and (i) you agree to defend, indemnify, and hold FkN (and its employees, representatives and assigns) harmless from breaches of (a) through (h).
10. LINKS
The Site contains links to third party sites that are not under the control of FkN and FkN is not responsible for any content on any linked site. If you access a third party site from the Site, then you do so at your own risk.
11. TERMINATION OR CANCELLATION OF SITE ACCESS; MODIFICATIONS TO SITE AND APPLICATIONS
If you violate these Terms, FkN may terminate or cancel your access rights to the Site and/or Applications immediately without notice. FkN may also block your use of the Site and/or Applications or direct you to cease using it. FkN reserves the right at any time to modify or discontinue the Site, Applications, or any part thereof and you agree that FkN shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, Applications, or any part thereof, except you may receive a pro-rata refund in the event such modification, suspension, or discontinuance materially affects your access to those parts of the Site or Applications that you have paid for.
12. EXCLUSIVE JURISDICTION
These Terms shall be governed by the laws of Denmark without regard to its conflict of law provisions.
13. ENTIRE AGREEMENT
These Terms, as amended, your registration forms and the consents provided by you, constitute the entire agreement between you and FkN. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
14. AMENDMENTS
You agree that FkN may amend or modify these Terms or impose new conditions at any time by updating these Terms on the Site or upon notice from FkN to you as published through the Site. Any use of the Site or order by you after such updating shall be deemed to constitute acceptance of such amendments, modifications, or new conditions. If you do not want to be bound by an amendment, you will need to terminate your registration, if any, and refrain from using the Site.
Copenhagen, 13/09/2007
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