{% trans_default_domain 'static_pages' %}{% extends 'base_static.html.twig' %}{% block title %}{{ 'terms_and_conditions.title'|trans }}{% endblock %}{% block head_title %}{{ 'terms_and_conditions.title'|trans }}{% endblock %}{% block content_inner %} <p>Digital Media Management GmbH, Zugerstrasse 74 in 6143 Baar, Switzerland ("Dimema", " we", "us" "our") owns and operates the video service platform named Dressplay.com (“Site”).</p> <p>Before User’s registration or transaction can be completed, User must read and agree to these terms and conditions (“Terms”). By applying for access and or services from the Site, User is agreeing to these Terms, and is agreeing to be legally bound by them. The Terms are subject to change at any time. Changes are effective when posted on this site without notice upon each User.</p> <h4>Article 1 - Definitions</h4> <table> <tbody> <tr> <td class="w-20">"Account":</td> <td>the combination of a valid username and password for the Site;</td> </tr> <tr> <td class="w-20">“Contribution”:</td> <td>a conditional payment in credits that can be made on the Site for the purpose of a Pitch Video under the condition that the target is met;</td> </tr> <tr> <td class="w-20">“Contribution Period”:</td> <td>The period during which Contributions can be made for the funding of a specific Pitch Video.</td> </tr> <tr> <td class="w-20">“Contribution Target”:</td> <td>the total amount of pledged credits that are needed for the pitch to succeed;</td> </tr> <tr> <td class="w-20">“Digital Content”:</td> <td>certain (audio)visual files on the Site;</td> </tr> <tr> <td class="w-20">"Dimema":</td> <td>any of the companies billing the User including any additional billing companies used, authorized or owned/controlled by Digital Media Management GmbH;</td> </tr> <tr> <td class="w-20">“Club Membership”:</td> <td>A membership that provides access to the special Digital Content and Pitch Videos;</td> </tr> <tr> <td class="w-20">“Perk”:</td> <td>A specific incentive offered to Users with regards to a Pitch Video in connection with a certain Contribution.</td> </tr> <tr> <td class="w-20">“Pitch Video”:</td> <td>a specific proposed yet to be realized and/or made available Digital Content eligible for one or more pledges;</td> </tr> <tr> <td class="w-20">"Site":</td> <td>she website www.dressplay.com;</td> </tr> <tr> <td class="w-20">“User”:</td> <td>the user of the services of the Site and holder of a valid username (email address) and password for the Site;</td> </tr> </tbody> </table> <h4>Article 2 - The Site and the Terms</h4> <table> <tr> <td>2.1</td> <td>When you sign up, you agree to these Terms by clicking [“Register”] this means you are submitting a legally binding electronic signature and are entering into a legally binding contract. You further confirm your agreement by subsequently using the Site.</td> </tr> <tr> <td>2.2</td> <td>In addition to these Terms, certain promotions, subscription plans, offers, titles, events, products, services or features may also be subject to additional terms and conditions or guidelines or additional rules which may be posted, communicated to you or modified by us or applicable third parties at any time. These additional terms are hereby incorporated by reference into these Terms, provided that if there is a conflict between such additional terms and these Terms, these Terms shall take priority. </td> </tr> <tr> <td>2.3</td> <td>A payment provider chosen by the User may have additional terms and conditions that are an integral part of their offering to the User and are in addition to these Terms. Such terms and conditions will in no way invalidate any of the Terms listed here. </td> </tr> </table> <h4>Article 3 - Club Membership</h4> <table> <tr> <td>3.1</td> <td>To make use of the various features of the Site and to access the specific Digital Content a Club Membership is required. The Club Membership is available to Users who pay a monthly support Fee. The Site can offer specific support fees for different types of Club Memberships. The specific details on the Club Membership and the support fee are available on the Site. </td> </tr> <tr> <td>3.2</td> <td>The Site offers a free trial period of the Club Membership for Users. This trial period has a duration of 72 hours unless specified otherwise on the Site. During the trial period, a User can cancel this trial at any time in the account section of the Site. If the User has not cancelled the trial within the trial period, the User is automatically subscribed to the Club Membership and is due to pay the monthly support fee. </td> </tr> <tr> <td>3.3</td> <td>A User can cancel or terminate the Club Membership at all times with a notice period of one month. If a User cancels or terminates their Club Membership, the Account is suspended for a period of six months, unless specified otherwise on the account page. During this term, the User can re-subscribe to the Club Membership. Any credits the User acquired will remain valid during this term. After the term, the Account will be deleted and the User can no longer use any credits it has previously acquired. </td> </tr> </table> <h4>Article 4 - Funding of Pitch Videos </h4> <table> <tr> <td>4.1</td> <td>The Site will offer certain Pitch Videos on the Site. These offers for Pitch Videos are available to all Club Members, or can be part of a personal offer to a specific User. Users can pledge a Contribution to these Pitch Videos. The pitch period is standard 30 days after its introduction unless otherwise indicated on the Site. </td> </tr> <tr> <td>4.2</td> <td>For each Pitch Video, a specific Contribution Target is indicated that is required to realize the specific Pitch Video. </td> </tr> <tr> <td>4.3</td> <td>Certain Pitch Videos can also include an offer for specific Perks in connection with a certain Contribution. </td> </tr> <tr> <td>4.4</td> <td>If a User chooses to Contribute to a Pitch Video, the number of credits the User chooses to contribute will be conditionally subtracted from the account of said User and will be reserved for the duration of the Pledge. </td> </tr> <tr> <td>4.5</td> <td>If after the expiry of the pitch period, the Contribution Target has not been met, the offer for the Pitch Video will be removed from the Site. All Contributions by Users will automatically fall back to the User’s accounts. Dimema can at its discretion choose to later offer these Pitch Videos for an extended/additional pitch period. </td> </tr> <tr> <td>4.6</td> <td>If at the end of the pitch period, the sum of the Contribution is at least equal to the Target, the Users who have contributed to this specific Pitch Video will be provided access to the specific Digital Content for download. All Contributions made to the Pitch Video will irrevocably remain subtracted from the User’s account. If at the end of the pitch period, the sum of the Contribution is at least equal to the Target, Users that have made Contributions that meet the requirements for specific Perks, will be awarded such Perks in accordance with the terms for the specific Pitch Video. Dimema reserves the right to release the Digital Content that is part of the Pitch Video on other platforms or license it to third parties. </td> </tr> </table> <h4>Article 5 - Account and signup </h4> <table> <tr> <td>5.1</td> <td>Only individuals that have signed up for an account and agree to these Terms are eligible to use the Site. Access to the Site is through a combination of a username/email and a password and, when applicable, a second device such as a mobile phone or application. Users may not under any circumstances release their access rights to any other person and are required to keep their access rights strictly confidential. Dimema will not release passwords for any reason, to anyone other than the User, except as may be specifically required by law or court order. Unauthorized access to the Site is a breach of these Terms. Users acknowledge that the owner of the Site may track through the use of special software each User’s entry to the Site. If any breach of security, theft or loss of access rights, or unauthorized disclosure of access rights information occurs, the User must immediately notify Dimema of said security breach. Users will remain liable for unauthorized use of service until Dimema, has been notified of the security breach by e-mail or telephone. Dimema will not be responsible for any losses arising from the unauthorized use of your Account or your unredeemed credits. </td> </tr> <tr> <td>5.2</td> <td>Your Account is personal to you, and you agree not to create more than one Account. You agree that the information you provide at sign-up and at all other times is true, accurate and complete and you will keep it updated. You are solely responsible for maintaining the confidentiality and security of your username and password and for all activities related to the operation of your Account. If you allow others to access your Account, these Terms and consents you may have provided also apply to their access, use, and disclosure of information. </td> </tr> <tr> <td>5.3</td> <td>You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person's username, password or other account information, or another person's name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide. </td> </tr> </table> <h4>Article 6 - Collection and use of personal information</h4> <table> <tr> <td>6.1</td> <td>Dimema’s privacy policy is hereby incorporated into these Terms by reference. Please read our Privacy Policy carefully for information relating to our collection, use, and disclosure of your personal information. </td> </tr> </table> <h4>Article 7 - Payments with credits </h4> <table> <tr> <td>7.1</td> <td>A User can purchase credits on the Site. Dimema might offer different ways to purchase credits, such as various subscription plans, and promotional bundle offers. These options may be subject to additional and differing conditions, prices, policies, credit exchange rates and certain limitations. We reserve the right to modify, terminate or otherwise amend our offered purchase options and plans at any time at our discretion. From time to time, we may permit non-users to access and view certain Digital Content, events or features in preview mode for a cost or at no cost. </td> </tr> <tr> <td>7.2</td> <td>After purchasing credits, you will be allocated these credits to be used solely on the Site. You choose how you use or redeem credits in the ways available to you on the Site. Credits have no cash value or any value outside of the Site. They cannot be redeemed or otherwise exchanged for cash. You may not transfer, trade, gift or otherwise exchange credits. </td> </tr> <tr> <td>7.3</td> <td>The number of credits needed to obtain Digital Content and/or make Contributions will vary and is determined based on a variety of factors, including but not limited to the type or genre of the Digital Content, the country/location, recency, time of day, popularity and other characteristics. </td> </tr> <tr> <td>7.4</td> <td>The type, quantity, allocation and availability of Digital Content, and Pitch Videos are determined by Dimema in its sole discretion. Dimema takes certain steps to release, promote and otherwise make available Digital Content at varying dates and times as it may decide or depending on rights restrictions or other limitations which may be imposed by the content owners or our licensors. </td> </tr> <tr> <td>7.5</td> <td>Dimema credits may only be used with an active Account. If you instruct us to delete your Account, this will result in the deletion of all your information, including unused credits. </td> </tr> <tr> <td>7.6</td> <td>Any fees mentioned on the Site are subject to change at any time at the sole and absolute discretion of Dimema. The purchase which will appear on User’s credit card bill will be debited from the User’s account, charged to the User’s telephone, etc., depending on the User’s choice of payment. </td> </tr> </table> <h4>Article 8</h4> <table> <tr> <td>8.1</td> <td>Dimema makes no commitment to the quantity, availability, genre or type of Digital Content or features which may be available and we may modify, discontinue, remove or suspend access at any time and for any reason in our sole discretion or as otherwise described in these Terms. </td> </tr> <tr> <td>8.2</td> <td>The availability of all or part of Dimema may be limited based on geographic, age, or other criteria which we may specify from time to time. If you do not meet our criteria, we may prevent you from creating an Account subscribing or we may cancel your Account at any time. </td> </tr> </table> <h4>Article 9 - Billing</h4> <table> <tr> <td>9.1</td> <td>Dimema’s name or others (depending on User’s geographical location) may appear on the User's credit card, bank statement, or phone bill for all applicable charges. If multiple venues are joined utilizing any payment method, the User's statement will list each individual purchase comprising the transaction. Dimema may include other information on the User's statement based on credit card association, telephone regulation, NACHA and any other mandated rules and regulations. If the User elects to use a checking account to purchase credits to this Site, a debit will be executed on their checking account. </td> </tr> <tr> <td>9.2</td> <td>The User hereby authorizes Dimema to charge the User’s chosen payment method to pay for the cost of the purchase of credits. </td> </tr> <tr> <td>9.3</td> <td>In case of the Site would offer subscriptions, User agrees that these may be automatically renewed at or after the end of the original term selected, for a similar period of time and for a similar or lower amount, unless notice of cancellation is received from the User. Unless and until the specific agreement is cancelled in accordance with the terms hereof, User hereby authorizes Dimema to charge User’s chosen payment method to pay for the ongoing cost of membership. </td> </tr> </table> <h4>Article 10 - Agreed upon Method of Communication</h4> <table> <tr> <td>10.1</td> <td>Dimema and the User agree that a transaction receipt will be provided via email to the User’s address provided at the time of initial registration. Subsequent transactional updates may be communicated to the User through the User’s account page on the Site to ensure receipt in the event the User has unsubscribed from email communications. </td> </tr> </table> <h4>Article 11 - Electronic Receipt</h4> <table> <tr> <td>11.1</td> <td>Users will receive an email receipt to their email provided upon initial registration. The User may request a copy of the account of charges of their purchases, but Dimema does not guarantee the availability of such records more than 365 days after the payment date. Requests must be made directly to Dimema. To contact Dimema refer to customer support links on the Site, or FILL IN EMAIL ADDRESS </td> </tr> </table> <h4>Article 12 - Cancellation</h4> <table> <tr> <td>12.1</td> <td>At any time, and without cause, any actual subscription to the service may be terminated by either Dimema or the User in accordance with paragraph 3.3 upon notification of the other by electronic or conventional mail. The User can also terminate a subscription in the account section of the Site. Users are liable for charges incurred until the date of the termination. Using the online form to cancel your membership, as opposed to contacting customer care via phone or chat, may result in an immediate loss of access to the Site. </td> </tr> </table> <h4>Article 13 - Refunds</h4> <table> <tr> <td>13.1</td> <td>Refunds for purchases or recurring charges may be requested by contacting customer support. Dimema reserves the right to grant a refund or a credit applicable to purchases to the Site at its sole and entire discretion. The decision to refund a charge does not imply the obligation to issue additional future refunds. Should a refund be issued by Dimema for any reason, it will be credited solely to the payment method used in the original transaction. Dimema will not issue refunds by cash, check, or to another payment mechanism. </td> </tr> </table> <h4>Article 14 - Cardholder Disputes/Chargebacks</h4> <table> <tr> <td>14.1</td> <td>All chargebacks are thoroughly investigated and may prevent future purchases with Dimema given the circumstances. Fraud claims may result in Dimema contacting User’s issuer to protect User and prevent future fraudulent charges to User’s card. User expressly gives the authorization to Dimema to take all necessary steps to pursue and prevent fraudulent charges, including processing and forwarding personal data of the User to third parties, notably where this is necessary to examine, pursue or prevent fraudulent charges or similar acts. </td> </tr> </table> <h4>Article 15 - Authorization of Use</h4> <table> <tr> <td>15.1</td> <td>Users to the Site are authorized a single access right to access the service or material located on this website. These access rights shall be granted for sole use to one User. The access to the Site is access provided for personal use and shall not be used for any commercial purposes or by any other third parties. Commercial use of either the Site or any material found within is strictly prohibited unless authorized by the website. No material within the Site may be transferred to any other person or entity, whether commercial or non-commercial. No material within the Site may be distributed through peer-to-peer networks or any other file-sharing platforms. In addition, materials may not be modified, or altered. Materials may not be displayed publicly, or used for any rental, sale, or display. Materials shall extend to copyright, trademarks, or other proprietary notices therefrom. Dimema and the Site reserve the right to terminate these access rights at any time if the Terms are breached. In the case that the Terms are breached, User will be required to immediately destroy any information or material printed, downloaded or otherwise copied from the Site. </td> </tr> <tr> <td>15.2</td> <td>Access granted to any Digital Content does not provide any title or ownership right in the Digital Content. All rights not expressly granted in these Terms are reserved. Digital Content is licensed (not sold) and is available for your personal and private use. You may not use or allow any of your household or sub-profiles to use Digital Content for any commercial purpose whatsoever. This means that you are not allowed to copy or reproduce the Digital Content (except where permitted under your local law) onto any physical medium, memory or device to sell or give to anyone. You are not allowed to reproduce, make derivative works, perform, display or exhibit Digital Content in any public place. Dimema can at its own discretion choose to offer Digital Content with a broader license. If this is the case, the specific license terms will be specified on the page describing the specific Digital Content. </td> </tr> <tr> <td>15.3</td> <td>Digital Content which you redeem with your credits can be downloaded for up to seven days or such other period notified to you, either in the confirmation of your purchase or on the Site in the description of the specific Digital Media. Downloads are limited to a maximum of three downloads. The length of time that certain temporary downloads remain available to you for offline viewing may change from time to time at our discretion usually due to rights restrictions. </td> </tr> </table> <h4>Article 16 - Sanction and Approval of Adult Material</h4> <table> <tr> <td>16.1</td> <td>The Site contains age-restricted materials. If the User is under the age of 18 years, or under the age of majority in the location from where accessing this Site, the User does not have authorization or permission to enter or access any of its materials and the User is obliged to immediately stop accessing this Site. If the User is over the age of 18 years or over the age of majority in the location from where accessing this Site, by entering the Site, the User gives his/her approval to all materials and all content displayed on the Site. </td> </tr> </table> <h4>Article 17 - Notice</h4> <table> <tr> <td>17.1</td> <td>Notices by Dimema to Users may be given by means of electronic messages through the Site, by a general posting on the Site. Notices to Users may be given by electronic messages. All questions, complaints, or notices regarding the Site must be directed to Dimema. All cancellations of service to a Site must also be directed to Dimema. </td> </tr> <tr> <td>17.2</td> <td> <p>Questions and Contact Information </p> <p>All questions to Dimema regarding these terms and conditions must be directed to: info@dressplay.com</p> </td> </tr> </table> <h4>Article 18 - DISCLAIMER</h4> <table> <tr> <td>18.1</td> <td>The User understands that Dimema’s websites cannot and does not guarantee or warrant that files available for downloading from the internet will be free of viruses, worms, trojan horses or other code that may manifest contaminating or destructive properties. The User is responsible for implementing sufficient procedures and checkpoints to satisfy the User's particular requirements for the accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. Dimema’s websites do not, to the extent permissibly by law, assume any responsibility or risk for User use of the internet. </td> </tr> <tr> <td>18.2</td> <td>To the extent permissibly by law, users’ use of the Site is at their own risk. The content is provided "as is" and without warranties of any kind, either expressed or implied. Dimema’s website disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Dimema’s website does not warrant that the functions or content contained in the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components. Dimema’s website does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and Dimema’s website may make changes or improvements at any time. The User, and not Dimema’s website, assume the entire cost of all necessary servicing, repair or correction in the event of any loss or damage arising from the use of the Site or its content. Dimema’s website makes no warranties that User use of the content will not infringe the rights of others and assumes no liability or responsibility for errors or omissions in such content. To the extent permissible by law, Dimema’s website does not warrant or make any representations regarding the content's appropriateness or authorization for use in all countries, states, provinces, county or any other jurisdictions. If the User chooses to access the Site, the User do so on User own initiative and risk and are responsible for compliance with all applicable laws. </td> </tr> </table> <h4>Article 19 - Sponsors, Advertisers and Third Parties</h4> <table> <tr> <td>19.1</td> <td>The Site may provide links to sponsor, advertiser, or other third-party websites that are not owned or controlled by Dimema. Inclusion of, linking to, or permitting the use or installation of any third-party Site, applications, software, content or advertising does not imply approval or endorsement thereof by Dimema. Dimema’s websites have no control over, and assume, to the extent permissible by law, no responsibility for, the content, privacy policies, or practices of any third parties. By accessing or using the Site, you agree to release Dimema Website, to the extent permissible by law, from any and all liability arising from your use of any third-party website, content, service, or software accessed through the Site. Your communications or dealings with, or participation in promotions of, sponsors, advertisers, or other third parties found through the Site, are solely between you and such third parties. You agree that Dimema’s Website shall, to the extent permissible by law, not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings with such sponsors, third parties or advertisers, or as the result of their presence in the Site. </td> </tr> </table> <h4>Article 20 - General terms</h4> <table> <tr> <td>20.1</td> <td>Dimema reserves the right at any time to modify these Terms and to add new or additional terms or conditions on your use of the Site and its services. Such modifications and additional terms and conditions will be effective immediately and incorporated into these Terms . Your continued use of the Site will be deemed acceptance thereof. </td> </tr> <tr> <td>20.2</td> <td>We may assign our rights and obligations under these Terms. The Terms will therefore benefit our successors, assigns and licensees. </td> </tr> <tr> <td>20.3</td> <td>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. </td> </tr> <tr> <td>20.4</td> <td>The provisions of these Terms which by their nature should survive the termination of any agreement with Deimema shall remain valid after such termination. </td> </tr> <tr> <td>20.5</td> <td>These Terms and the provisions referenced herein, constitute the entire agreement between you and Dimema pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of these Terms shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided. These Terms are an agreement between you and Dimema. No other person has any right to enforce any of these terms. </td> </tr> <tr> <td>20.6</td> <td>You may not transfer your rights or your obligations under these Terms to anyone else without our permission. We may transfer our rights and obligations to another organization, but this will not affect your rights under these Terms, and we will always notify you if this happens. </td> </tr> <tr> <td>20.7</td> <td>Use of the Site is exclusively subject to substantive Swiss law, without reference to its conflict of law-provisions. Any dispute arising out of, or in connection with, the use of the Site shall exclusively be brought to the competent court available at the domicile of Dimema in Baar, Switzerland.</td> </tr> </table>{% endblock %}