Terms of Service
Acceptance of Terms
DVDActive is a privately run service that provides limited conditional access. This document describes the terms under which access is permitted. If you intend to use the service then the onus is on you to make sure that you are not breaking these terms.
Breaking these terms is the equivalent of trespassing and in serious cases details will be handed over to the local authorities. Less serious cases could be handled through ISP abuse reports, banning and/or written warnings.
Definition of Jargon
This section is provided so that the reader can fully appreciate jargon:
- DVDActive - a service offered to the public on a limited level based on this document, the service includes (but is not limited to) the website, email and data feeds. DVDActive may also include the contributors.
- User(s) - anyone or anything that accesses the DVDActive service, including (but not limited to): robot(s), bot(s), spider(s), human(s), viewer(s), reader(s), computer(s), server(s), script(s), software and service(s).
- Member(s) - user(s) that have completed the registration form to such an extent that an account has been created and assigned to them.
- Contributor(s) - member(s) that have additional access to DVDActive's service, these members can include (but are not limited to) editor(s), editorialist(s), reporter(s), reviewer(s) and webmaster(s).
Usage of DVDActive's service is only permitted provided DVDActive's service is not adversely affected as a direct or indirect result of the user's actions.
Adversely affecting the service could include (but is not limited to) using significant amounts of bandwidth beyond that of an average user, monetarily exploiting the service (such as invoicing as a result of accessing the service), and accessing the service to such an extent that doing so significantly affects the level of service offered to other users and/or places high levels of strain on the underlying technology.
If you wish to access DVDActive's service in a way that could be described as adversely affecting DVDActive's service then you should contact DVDActive to seek approval immediately. Failure to do so could mean that you are breaking the law.
Commercial usage is allowed with the same conditions that apply to general usage, although please be aware that DVDActive does not tolerate monetary exploitation of the goodwill offered to commercial users.
Acceptable use includes: accessing DVDActive's service for the sole purpose of inclusion on a high traffic search engine or regularly accessing DVDActive's XML feeds for the sole purpose of inclusion on a news website. Unacceptable use includes: accessing DVDActive's service for the purpose of content license identification (with the intent of monetary exploitation) or leeching DVDActive's service for mirroring.
Members must agree to the following terms:
- You agree not to add any material that is considered illegal or not appropriate (including libellous material, pornography, xenophobic comments, racist comments and spamming).
- You agree not to add any material that you do not hold a copyright ownership for.
- You are fully responsible for any disputes relating to your additions to the website (including copyright) and agree this website (and everyone associated with the website) can in no way be involved in such disputes.
- You will not create multiple accounts.
DVDActive takes no responsibility for the actions of members, but DVDActive will take appropriate measures when such actions are thought to be inappropriate or in breach of membership terms.
Users that take part in competitions generally agree to terms that may include:
- This competition is open only to those residents whose country is listed in the selection box above.
- Members of DVDActive and anybody directly or indirectly associated with this competition including the individual's direct family members are not eligible to enter.
- Entrants should meet all legally binding minimum age requirements associated with the prize in question.
- We take no responsibility for late or lost entries.
- We reserve the right to cancel the competition at any time if circumstances arise that are beyond our control.
- Only one entry per household.
- We accept no liability for any damage, loss or disappointment suffered by any person taking part or not being able to take part in the competition.
- Prizes are non-transferable.
- No cash alternative or alternative prize is available, however on the event of a prize being unavailable at source, an alternative may be offered.
- No responsibility is accepted for inaccurate prize descriptions.
- Unclaimed or undeliverable prizes will be considered a forfeit and the prize may be offered to an alternative entry.
- Abusive contestants and those known to have broken previous terms and conditions will be excluded from the competition.
- Providing false or outdated information is not permitted.
- We reserve the right to amend these terms and conditions at any time.
- Our decision is final and no correspondence will be entered into.
- Your details will not be passed onto third parties unless you win the competition and the sponsor is handling prize distribution.
- This competition will close immediately after [appropriate date].
- A summary list of competition winners is available on request one month after the closing date of this competition.
These competition terms are more of a summary, please check the terms on the appropriate competitions before entering in case of individual variation.
Disclaimer of Liability
In no event will DVDActive be held liable to you for any consequential, incidental, direct or indirect damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use or even inability to use this service, even if DVDActive has been advised of the possibility of such damages. DVDActive's liability to you for actual damages from any cause whatsoever, and regardless of the form or the action (whether in contract, tort - including, but not limited to, negligence - product liability or otherwise), will be void, as the service is provided free of charge.
DVDActive makes no warranties, express or implied including without limitation the implied warranty of fitness for a particular purpose, regarding DVDActive. DVDActive does not warrant, guarantee or make any representations regarding the use or the results of the use of anything contained within, linked from or linked to DVDActive. In terms of its correctness, accuracy, reliability, relevance or otherwise. The entire risk as to the results and performance of DVDActive is assumed by you.
DVDActive respects the rights of copyright owners and actively avoids the use of material that does not constitute fair-use or promotional use (yes, we are genuinely cheapskates). If you own copyrighted material that has accidentally appeared on DVDActive and the use of which, does not constitute fair-use or promotional use, then please contact DVDActive with proof of ownership details. Such material will be investigated and removed.
Termination of Usage
DVDActive has the right to terminate access to any user, even if their usage complies with this document of terms.
Invalidity and Government
If any terms are unenforceable or invalid by reason of the application of law then such provisions shall be deleted from these terms, with the remaining terms continuing to have full force and effect. These terms can be changed at any time, and are governed by the laws of England and Wales.
DVDActive is run by a group of dedicated volunteers with very little spare time on their hands to dedicate to responding to feedback, however to report violations of these terms please send an informal, yet concise email to: firstname.lastname@example.org with the appropriate details. If you do not receive a response within a few days then try the contact form as a back-up. If you require a prompt response, then please avoid writing in a style that could be described as: formal, patronising, aggressive, arrogant or threatening.
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