TERMS OF SERVICE

 

These Terms of Service and any policies or operating rules posted by us on this blog or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service and blog, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

 

DSCENE (hereinafter: DC) offers this online blog (hereinafter: blog), including all information, tools and services available from this blog to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 

If you don’t understand language of this Terms of Service do not access this blog. DC will not be liable for misused of the blog caused by illiterate or underage users.

 

By visiting DC blog, you engage in our “Service” and agree to be bound by the following Terms of Service, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the DC blog, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

 

By accessing or using any part of the blog, you agree to be bound by these Terms of Service.

 

Accessing or using any part of the blog will be consider as a freely given consent to Terms of Service and will be taken as an unambiguous indication and clear affirmative action to the acceptance of the Terms of Service.

 

This Terms of Service lays down rules which are applicable to copyright and related rights protection, as well as personal data protection and privacy policy on DSCENE blog.

 

Section 1.1 – Definitions

 

For the purpose of this Terms of Service following definition should be understood as it follows:

 

  • DESIGN SCENE or DSCENE – Throughout the blog, the terms “we”, “us”, “our”, “DC” refer to DESIGN SCENE;

 

  • Person – every legal or real person;

 

  • User – every person who access content on the blog, or/and any natural or legal person who, for professional or personal ends or otherwise, uses the blog, in particular for the purposes of seeking information or making it accessible;

 

  • Content – every text, picture, video, comment, visual material, combination of video, text and/or picture, names, contact details and personal data;

 

  • Web pages, blog, website, information service provider, information society service provider, online service providers or intermediary – is a fixation of a collection of literary works of a journalistic nature, which may also comprise other works or subject-matter and constitutes an individual item within a periodical or regularly-updated publication under a single title, having the purpose of providing educational services and publishing research under the initiative, editorial responsibility and control of a DC editorial board;

 

  • Web pages, blog, website, information service provider, information society service provider, online service providers or intermediary for the purpose of this Terms of Service are used interchangeably;

 

  • Commercial communication: any form of communication designed to promote, directly or indirectly, the goods, services or image of a company, organization or person pursuing a commercial, industrial or craft activity or exercising a regulated profession;

 

  • Technological measures – any technology, device or component that, in the normal course of its operation, is designed to prevent or restrict acts, in respect of works or other subjectmatter, which are not authorised by the rightholder of any copyright or any right related to copyright as provided for by law or the sui generis right provided in relevant law;

 

  • Relevant law – the law of the European Union and/or member States Law;

 

  • Personal data – any information relating to an identified or identifiable natural person (‘data subject or user’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;

 

  • Data subject – User whose personal data had/has been processing.

 

  • Processing – any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;

 

  • Profiling – any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements;

 

  • Pseudonymisation – the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person;

 

  • Recipient of personal data – a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing;

 

  • Third party – a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data;

 

  • Consent- any freely given, specific, informed and unambiguous indication of the subject (user) wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the Terms or Service and/or processing of personal data relating to him or her.

 

  • Binding rules– Terms or Service of DC blog andpolicies which are adhered for transfers or a set of transfers of personal data or copyright or related rights to a legal or a real person in one or more third countries within a group of undertakings, or group of enterprises engaged in a joint economic activity;

 

  • Disclosure – making available content to the third party or public authority.

 

  • Security – the process of implementing measures and systems designed to securely protect and safeguard information (business and personal data, voice conversations, still images, motion pictures, multimedia presentations, including those not yet conceived) utilizing various forms of technology developed to create, store, use and exchange such information against any unauthorized access, misuse, malfunction, modification, destruction, or improper disclosure, thereby preserving the value, confidentiality, integrity, availability, intended use and its ability to perform their permitted critical functions;

 

  • Cookies – data specific to a particular user and website, and can be accessed either by the information service provider or the client computer;

 

  • GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);

 

  • Legal capacity – the quality of a natural or juridical person necessary for their actions to have legal effect;

 

 

Section 1.2 –Nature of DC blog

 

DC is non-for-profit fashion and culture (hereinafter: DC values) based organization which aim at further development of research on DC values, as well as on providing educational services based on scientific research.

 

All the profits it might be made DC will reinvest in its research and educational services, and in promotion on young and perspective artists.

 

 

Point 1.1.Blog content

 

Most of the contents of the Blog, constitute the opinion of the Author, and the Author alone; they do not represent the views and opinions of the blog employers, supervisors, nor do they represent the view of organizations Author is a part of. The Author is not a medical professional, and you should never substitute information from this Blog for information obtained from a licensed medical professional; always consult your doctor before using any prescription, drugs, supplements, or undergoing any treatments. The content of this Blog is not intended to cause harm, but if you have any concerns about the contents of this Blog, please contact the Author or DC. Disagreeing with the content of the Blog does not constitute sufficient ground for you to ask the Author or DC to remove or modify any parts of this Blog. The Author is not being paid to write content on this Blog or to manage and in any way operate this Blog.

 

Point 1.2. Comment policy

 

DC is not responsible for the content of any comments made by the Commenter(s). DC is also not responsible for knowing whether the content of your comment is breaking the law in other countries or jurisdictions. This Blog is a venue for discussion; therefore, DC will not delete critical comments, or comments portraying a different opinion from the DC or Author’s own. However, DC or/and Author reserves the right to edit, delete, or not publish a comment if this is deemed to be potentially illegal (this includes, but it is not limited to comments containing hateful, libelous, and defamatory content). All comments on this Blog have to be written in English. Please do not endanger yourself or break the law when you comment. Comments intending to advertise and/or off-topic (”spam“) will be deleted. DC also reserves the right to block Commenter(s) who have previously published offensive comments, illegal content, or spam.

 

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

 

 

 

Point 1.3. Forbidden actions

 

Users are not authorized to (1) use this Blog to advertise for products of any kind and for other Blogs, (2) to infringe the Copyright rights and policy and Comment policy of this Blog, (3) to attack this Blog using malicious software and/or use this Blog for data mining (4) to commit any illegal actions while using the Blog, or against this Blog, (5) to restrict access to this Blog, (6) to impede the normal functioning of this Blog and (7) to menace the Author with, or cause physical or financial harm to, the Author or Blog.

 

Point 1.3. Guarantee policy

 

DC makes no guarantee regarding the validity of the content of the Blog. In addition, DC does not guarantee that the Blog will be accessible at all times or during any down time (1) caused by outages to any public Internet backbones, networks or servers, (2) caused by any failures of Your equipment, systems or local access services, (3) for previously scheduled maintenance or relating to events beyond the DC control such as strikes, riots, fires, floods, explosions, war, terrorism, governmental action, labor conditions, natural and/or man-made disasters, or interruptions in Internet services to an area where the DC or Your servers are located. Although DC will try to moderate comments quickly, DC makes no guarantee to the Commenter that its comments or trackbacks will be displayed promptly, without modifications, or that they will be displayed at all, as all comments will be published to the discretion of DC.

 

Section 1.4. Warranty and Condition of use

 

DC makes no warranty of any kind. If you choose to access the Blog, you do so at your own risk. To the extent links and external content are based on or displayed in connection with the Blog, DC shall not have any liability in connection with the display of suck links and research results, whether this external content is breaking the law in this or other jurisdictions. You agree to use the blog at your own risk, and that you will not consider the Blog’s content to be a suitable substitute for professional advice.

 

Without limiting the foregoing, DC shall not have any liability for any failure or delay resulting from any condition beyond the reasonable control of DC, including but not limited to governmental action, labor conditions, power failures, natural and/or man-made disasters. DC is not liable for the content of any comments the Commenter might leave on this Blog.

 

Section 1.5. Obligation to Indemnify

 

You agree to indemnify, defend and hold the DC, its agents, and applicable third parties (collectively “Indemnified Person(s)“) harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees, brought against any Indemnified Person(s), arising out of, related to or which may arise from your use of the Blog and/or your breach of any term of this Terms of Service.

 

Section 1.6. Applicable Laws

 

DC operates the Blog from Serbia, and makes no representations that materials in the Blog are appropriate or available for use in other locations. Access to the Blog from any location where the content is illegal is prohibited. Any claim related to the use of the Blog or to the Blog materials shall be governed by the laws of the Republic of Serbia. Any action related to the access, use, content, or existence of this Blog shall be filed only in the appropriate court located within Republic of Serbia. The use of this Blog constitutes your express permission and consent to the jurisdiction of the provincial and/or federal courts of the Republic of Serbia for purposes of such actions.

 

Section 1.7. Legal notices and Contact information

 

If you feel that your rights have been infringed, please contact DC, and allow seven business days for the reply to be received. DC will do whatever possible to address your concerns.

 

DChas its own copyright policy, please read it carefully before you set a claim. If you are a rightholder, and do not wish your subject matter to appear here, please contact us and they will be promptly removed. DC is in no way responsible for, or has control of, the content of any external web site links. Information on this site may contain errors or inaccuracies, the blog’s proprietors do not make warranty as to the correctness or reliability of the blog’s content.

 

Section 1.3.Opinionated content and accuracy liability

 

DS blog may contains opinions which may not reflect the opinions of any organizations DC might be affiliated with.

 

We are not responsible if information made available on this blog is not accurate, complete or current. The material on this blog is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this blog is at your own risk.

This blog may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this blog at any time, but we have no obligation to update any information on our blog. You agree that it is your responsibility to monitor changes to our blog.

Any information provided on blog is accurate and true to the best of our knowledge, but omissions, errors or mistakes may occur.

Section 1.4.Cookie Policy of DC

 

Cookies consist of portions of code installed in the browser that assist DC in providing the Service according to the purposes described.

DC Blog uses Cookies to save the user’s session and to carry out other activities that are strictly necessary for the operation of this Application, for example in relation to the distribution of traffic.

DC blog uses Cookies to save browsing preferences and to optimize the User’s browsing experience. Among these Cookies are, for example, to measure the popularity of the different sections of the blog, and to understand the way a user responds to the ads we deliver.

Cookies helps us keep track of how many times you view an ad we distribute or which articles on the blog are more popular. Likewise, the cookie can help make sure you do not see the same ad over and over and can also help us improve the DC blog content and features based on users’s actual usage of the blog – thus enhancing your online Web viewing experience. If you refuse a cookie, you can still use DC blog but your experience may differ from those individuals using cookies.

By accepting the cookies you are giving consent to DC to use and process information relating to you, in particular all information collected by DC blog cookies.

Section 1.5. Subscribing to DC newsletter

 

By subscribing to DC newsletter you are giving a consent to DC to use and process information relating to your electronic mail and to send you information regarding DC blog, publication and other content which may be appropriate to use by the decision of the DC editorial board.  

 

Section 1.6. Application of General Data Protection Regulation

 

Point 1.1. General Provisions

 

By accepting these Terms of Services and by using DC Cookies and DC newsletter you are giving consent to DC to use and process your personal data and to transfer your personal data to third party and public authority if necessary.

 

When you browse our website or sign up with a newsletter, we may collect the personal information you give us such as your name and email address.

 

When you browse our blog, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

 

Email marketing (if applicable): With your permission, we may send you emails about our website, services and other updates.

 

When you access our blog and provide us with personal data to complete a transaction, verify your credit card, place an order, you give us consent to our collecting it and using it for that specific reason only.

 

If after you opt-in, you change your mind, you may withdraw your consent for us, for the continued collection, use or disclosure of your information, at anytime, by contacting us at info@designscene.net or mailing us at: D’SCENE Publishing LTD, Zdravka Celara 8, 11000 Belgrade, Serbia

 

Point 1.2. Third-party services

 

Dc will not be liable for personal data you may give to the third party by using payment methods available on “SHOP” web page on DC blog. Be advice to consult third party personal data policy before placing an order.

 

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.

 

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

 

For these providers, we are not liable and be advice to read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

 

In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

 

Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Terms of Service.

Point 1.3 – Redirections and links

 

When you click on links on our blog, they may direct you away from our blog. We are not responsible for the privacy practices and/or Terms or Service of other sites and strongly advise you to read their privacy statements and terms of service.

 

Point 1.4. Data Subject Rights – general provisions

 

DC retain right to storethe personal data as long as it is necessary to improve user experience.

 

For the purpose of this Section term DC and term controller will be used interchangeable.

 

The users have the right to request from the DC access to and rectification or erasure of personal data or restriction of processing concerning the data subject or to object to processing as well as the right to data portability.

 

The user has the right to lodge a complaint with a supervisory authority.

 

The data subject have the right to obtain from the DC confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information:

  • the purposes of the processing;
  • the categories of personal data concerned;
  • the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
  • where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
  • the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
  • the right to lodge a complaint with a supervisory authority;
  • where the personal data are not collected from the data subject, any available information as to their source;

Point 1.5 – Right of access by data subject

The data subject have the right to obtain from the DC confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information:

  • the purposes of the processing;
  • the categories of personal data concerned;
  • the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
  • where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
  • the existence of the right to request from the DC rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
  • the right to lodge a complaint with a supervisory authority;
  • DC may provide a copy of the personal data undergoing processing. For any further copies requested by the data subject, DC may charge a reasonable fee based on administrative costs. Where the data subject makes the request by electronic means, and unless otherwise requested by the data subject, the information shall be provided in a commonly used electronic form.
  • The right to obtain a copy referred to in Section 1.6 – point 1.5 shall not adversely affect the rights and freedoms of others.

Point 1.6. – Right to rectification

The data subject have the right to obtain from the DC without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

Point 1.7. – Right to erasure (“Right to be forgotten”)

The data subject have the right to obtain from the DC the erasure of personal data concerning him or her without undue delay and the DC have the obligation to erase personal data without undue delay where one of the following grounds applies:

  1. the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
  2. the data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2) of GDPR, and where there is no other legal ground for the processing;
  3. the data subject objects to the processing pursuant to Article 21(1) of GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of GDPR;
  4. the personal data have been unlawfully processed;
  5. the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
  6. the personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of GDPR.

Where DC has made the personal data public and is obliged pursuant to paragraph 1 of this point to erase the personal data, DC, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

Paragraphs 1 and 2 of this point shall not apply to the extent that processing is necessary:

  • for exercising the right of freedom of expression and information;
  • for compliance with a legal obligation which requires processing by European Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
  • for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3) of GDPR;
  • for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) of GDPR in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
  • for the establishment, exercise or defence of legal claims.

Point 1.8. – Right to restriction of processing

The data subject have the right to obtain from the DC restriction of processing where one of the following applies:

  1. the accuracy of the personal data is contested by the data subject, for a period enabling DC to verify the accuracy of the personal data;
  2. the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
  3. DC no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims;
  4. the data subject has objected to processing pursuant to Article 21(1) of GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

Where processing has been restricted under paragraph 1 of this point, such personal data shall, with the exception of storage, only be processed with the data subject’s consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the the European Union or of a Member State.

A data subject who has obtained restriction of processing pursuant to paragraph 1 of this point shall be informed by the controller before the restriction of processing is lifted.

Point 1.9. Notification obligation regarding rectification or erasure of personal data

                   or restriction of processing

DC shall communicate any rectification or erasure of personal data or restriction of processing carried out in accordance with Article 16, Article 17(1) and Article 18 of GDPR to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort. DC shall inform the data subject about those recipients if the data subject requests it.

Point 2.1. Right to data portability

The data subject have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:

  1. the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) or on a contract pursuant to point (b) of Article 6(1) of GDPR; and
  2. the processing is carried out by automated means.

In exercising his or her right to data portability pursuant to paragraph 1 of this point, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible.

The exercise of the right referred to in paragraph 1 of this Point shall be without prejudice to Article 17 of GDPR. That right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

The right referred to in paragraph 1 of this point shall not adversely affect the rights and freedoms of others.

Point 2.2. Right to object

The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1) of GDPR, including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.

Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing.

Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.

In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.

Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1) of GDPR, the data subject, on grounds relating to his or her particular situation, shall have the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

Section 1.7. Rules and Regulation on Intellectual Property Rights

This Section lays down rules which are applicable to copyright and related rights protection on DC blog.

 

DC blog is a fixation of a collection of literary works of a journalistic nature, which may also comprise other works or subject-matter and constitutes an individual item within a periodical or regularly-updated publication under a single title, having the purpose of providing educational services and publishing research under the initiative, editorial responsibility and control of a DC editorial board.

 

DC blog isaccompanied by the indication of the source, including the author’s name or author’s sign, mark, water mark or other distinguish sign, or other relevant source which may be hyperlink, which unambiguously or likely indicate or direct to the rightholder, unless this turns out to be impossible.

 

You are not allowed to reproduce, sell, and modify any part of this Blog. You are welcome to link to this blog, and to discuss its contents in a respectful manner. When you quote or link to this Blog, please include the Blog’s name in your link. You are not authorized to use this content for personal profit. Unauthorized copying, reproduction, modification, republication, uploading, posting, transmitting or duplicating of any of content is prohibited. Whenever copyrighted material is mentioned or use, the DC is doing so according to fair dealing practices. Use of content from this Blog according to fair dealing practices requires proper acknowledgment. Simply linking back to the Blog is not considered proper acknowledgment; please provide a link including the Author’s name, the name of the page you are linking, and a permanent link (”Permalink“) to that page, and other if relevant.

 

DC will not be liable for content made available on the blog by users which fall under the freedom of free speech and expression.

 

There DC will not be liable for direct or indirect, temporary or permanent reproduction by any means and in any form, in whole or in part:

(a) for authors, of their works;

(b) for performers, of fixations of their performances;

(c) for phonogram producers, of their phonograms;

(d) for the producers of the first fixations of films, in respect of

the original and copies of their films;

(e) for broadcasting organisations, of fixations of their broadcasts, whether those broadcasts are transmitted by wire or over the air, including by cable or satellite.

 

Point 1.1. Distribution right

 

DC, in respect of the original of its works or of copies thereof, has the exclusive right to authorise or prohibit any form of distribution to the public by sale or otherwise of its content.

 

The distribution right shall not be exhausted within the European Union Community in respect of the original or copies of the work, except where the first sale or other transfer of ownership in theEU Community of that object is made by the rightholder or with his consent.

 

Point 1.2. Exceptions and limitations

 

DC exercises its right to exemptions and limitations in respect of specific acts of reproduction made by its educational and scientific base activities, which are not for direct or indirecteconomic or commercial advantage.

 

DC use all Intellectual Property available on the blog for the sole purpose of illustration for teaching or scientific research, and always tends to including the author’s name or the most precisely available indication of the rightholder, unless this turns out to be impossible and to the extent justified by the non-commercial purpose to be achieved.

 

DC may use Intellectual Property available on the blog for reproduction by the press, communication to the public or making available of published articles on current topics or of broadcast works or other subject-matter of the same character, in cases where such use is not expressly reserved, and as long as the source, including the author’s name or the most precisely available indication of the rightholder, is indicated, or use of works or other subject-matter in connection with the reporting of current events, to the extent justified by

the informatory purpose and as long as the source, including the author’s name, is indicated, unless this turns out to be impossible.

 

DC may use Intellectual Property available on the blog for the quotations for purposes such as criticism or review, provided that they relate to a work or other subject-matter which has already been lawfully made available to the public, that, unless this turns out to be impossible, the source, including the author’s name or the most precisely available indication of the rightholder, is indicated, and that their use is in accordance with fair practice, and to the extent required by the specific purpose.

 

DC may use Intellectual Property available on the blog for the purpose of advertising the public exhibition or sale of artistic works, to the extent necessary to promote the event.

 

Point 1.3. – User feedback and submissions

 

If, at our request, you send certain submissions or without a request from us you send creative submission such as but not limited to ideas, suggestions, proposals, plans, or other materials and content, whether online, by email, by postal mail, or otherwise, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any content that you forward to us. We are and shall be under no obligation (1) to maintain any content in confidence; (2) to pay compensation for any content; or (3) to respond to any comments.

 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

 

Section 1.8. Services, Return Policy and costumer rights

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Certain products or services may be available exclusively online through the blog. These products or services may have limited quantities and are subject to return or exchange.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Point 1.1. – Accuracy of billing and account information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

Point 1.2. – Optional tools 

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the bog (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Point 1.3. – Third-party links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Point 1.4. – Errors, inaccuracies and omissions

Occasionally there may be information on our blog or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Point 1.5. Consumer rights

The consumer, under an obligation to pay, has right and DC has obligation to make the consumer aware in a clear and prominent manner, and directly before the consumer places his order, of the information provided for:

  • the main characteristics of the goods or services, to the extent appropriate to the medium and to the goods or services;
  • the total price of the goods or services inclusive of taxes, or where the nature of the goods or services is such that the price cannot reasonably be calculated in advance, the manner in which the price is to be calculated, as well as, where applicable, all additional freight, delivery or postal charges and any other costs or, where those charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable. In the case of a contract of indeterminate duration or a contract containing a subscription, the total price shall include the total costs per billing period. Where such contracts are charged at a fixed rate, the total price shall also mean the total monthly costs. Where the total costs cannot be reasonably calculated in advance, the manner in which the price is to be calculated shall be provided;
  • the duration of the contract, where applicable, or, if the contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the contract;
  • where applicable, the minimum duration of the consumer’s obligations under the contract;
  • the identity of the trader, such as his trading name.

Section 1.9. Indemnification, Severability and Changes to the Terms of Service

Point 1.1. – Indemnification

You agree to indemnify, defend and hold harmless DC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Point 1.2. Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Point 1.3. Changes to the Terms of Service

DC reserves the right to change Terms of Service at any time. You will only be notified by the Blog through posts or syndicated content (RSS), not in person. It is your responsibility to make sure that you agree with the new Terms of Service, whenever changes have been announced. Changes to the Terms of Service will be effective 48 hours after the notice has been posted on the Blog. If you do not agree with the Terms of Service, do not use this blog.