END USER AGREEMENT

1.    General

1.1    These Terms of Use (“Terms of Use”) apply to the use of Voddler Sweden AB’s Video on Demand service (the “Service”). 

1.2    The Service is provided by Voddler Sweden AB, company registration number 556711-1785, Hangövägen 19, 11541 Stockholm, Sweden (“Voddler”).

1.3    By using the Service you agree to be bound by these Terms of Use. Voddler reserves the right, at its full discretion, to modify these Terms of Use at any time. Such modification enters into force when published on www.voddler.com (the “Website”) or communicated to you in any other appropriate manner. Your continued use of the Service after such modification is valid as consent thereto. Do check the Website regularly to verify whether these Terms of Use have been modified. If you do not accept to abide by these Terms of Use you may not use the Service or access any Content.

1.4    If you are under 18 years of age you must have the permission from your parent or guardian to use the Service. By using the Service, you represent and warrant that you are at least 18 years old or have permission from your parent or guardian. As a parent you are recommended to supervise your child's activity on the Internet.

1.5    Any translation of these Terms of Use from English into another language is made only for convenience purposes and the translation will not be a valid contract. At all times will the English version be the prevailing one and the version valid as agreement and Terms of Use.

2.    The Service

2.1    The Service is a Video on Demand service, by which Voddler makes available and digitally distributes movies and other media content (collectively as well as any part thereof “Content”) to individual consumers for personal use, under the terms and conditions as set out in these Terms of Use. You access the Service and the Content via Internet through a variety of electronic devices.

2.2    The Service also enables you to invite family members and friends to watch certain part of the Content that you have access to. You are only allowed to invite a maximum of 10 of your family members and friends to watch such Content.

2.3    Content in the Service can either be provided by Voddler (“Commercial Content”) or by the users through upload (“User Content”).

2.4    Commercial Content is made available to the public through the Service.

2.5    User Content is not made available to the public through the Service. User Content is only made available to the user that uploaded it and to family members and friends that the user that has uploaded the User Content has invited to watch the User Content.

2.6    User Content may be protected by copyright and other intellectual property rights of third parties. You are not allowed to copy, upload, watch or let invited other users watch User Content unless you have obtained the right to do so by law and/or contract. You, and not Voddler nor Voddler’s partners, are responsible and liable for the copying, uploading, watching, letting invited users watch and other activities you do with your User Content when using the Service.

2.7    Depending on (a) which parts of the Service you have acquired access to and (b) in which territory you are located, you will be able to access different Content and different features of the Service for different periods of time. 

2.8    Some parts of the Service are available against a fee and some parts of the Service are available free of charge. Fees for different parts of the Service apply according to what is set out on the Website or elsewhere in the Service at the time of your order of the respective part of the Service. 

2.9    Payment for the parts of the Service that you have ordered shall be made in accordance with the instructions set out on the Website or elsewhere in the Service at the time of your order of the respective part of the Service.

2.10    Term and termination for the parts of the Service that you have ordered apply according to the information set out on the Website or elsewhere in the Service at the time of your order of the respective part of the Service. 

2.11    The assortment of Commercial Content may be amended at all times by Voddler, with or without any notice to you. You accept that the Commercial Content that is available when you order parts of the Service might not be available at a later stage.

2.12    Your access to other users’ User Content depends on (a) which User Content the other users choose to upload and keep in the Service, and (b) whether the other users chose to invite you to watch their User Content. It is the other users, and not Voddler, that decide if you will have access to other users’ User Content.

2.13    You find more extensive descriptions of the Service, its fees and its different functionalities on the Website.

3.    How to Use the Service


3.1    In order to use all the features of the Service you need to download and install VoddlerNet™ and an offline player (the “Offline Player”), which are both available on the Website, and agree to abide by the license agreements and the terms of use regarding VoddlerNet™ and the Offline Player, which are available during the installation process. You might be required to download and install the most recent version of VoddlerNet™ and the Offline Player in order to use the Service. The latest version of VoddlerNet™ and the Offline Player may only be obtained via the Website. The size of VoddlerNet™ and the Offline Player will vary with their versions and is set out before the download process starts.

3.2    In order to use the Service you also need hardware, software and Internet connection with certain requirements, which are specified on the Website. Voddler is not responsible for the provision of such hardware, software or Internet connection. 

3.3    In order to use the Service you must create a personal account and register as user by following the instructions on the Website. Your account will contain basic account information including username and password. The password you choose must be a unique and distinct password. You are responsible for your username and password and should never give out your password to anyone else. You may not select or use an identity of another person with the intent to impersonate that person. You must use a valid e-mail address and Voddler reserves the right to test and to verify this at any time. You are not allowed to have more than one account. You are responsible for the activities made under your account regardless whether you have authorized such activity or not. It is prohibited to agree with third parties upon the transfer, the utilization or the provision of accounts or access data.

3.4    You are not allowed to upload any virus or otherwise malicious software to the Service,

4.    Intellectual Property Rights

4.1    Under condition that you have paid the applicable fees for the Service and subject to these Terms of Use, Voddler grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable right to use the Service in the accordance with these Terms of Use.

4.2    Under the condition that you have paid the applicable fees for the Commercial Content and subject to these Terms of Use, Voddler grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable right to:

(i) view, and privately display for non-commercial, personal use, the Commercial Content included in parts of the Service you have acquired access to, by using the video players authorized by Voddler to display the Commercial Content as the Commercial Content is streamed by the Service over the Internet to the video player; and

(ii) if Voddler has enabled the possibility to invite family members and friends to watch a specific Commercial Content, let invited family members and friends view and privately display (with the limitation set forth in section (4.2 (i)) that specific Commercial Content.

4.3    Under the condition that (a) Voddler has enabled the possibility to invite family members and friends to watch a specific Commercial Content, (b) you have been invited by a family member or friend to watch that specific Commercial Content, and (c) you have paid the applicable fees for the Service, and subject to these Terms of Use, Voddler grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable right to view and privately display (with the limitation set forth in section (4.2 (i)) that specific Commercial Content.

4.4    The display of the Commercial Content allowed in section 4.2 and 4.3 is further limited to private viewing in your private home or apartment by you and your family and friends without any fee or other consideration charged or received by you.

4.5    You may not use, transfer, display, perform or otherwise make the Commercial Content available except as expressly permitted in these Terms of Use. For example, without limitations, you may not: (a) sell, rent, lease, distribute, broadcast or sublicense the Content to any third party; (b) copy, transmit, distribute or upload the Commercial Content, regardless whether a fee is charged or not; (c) display the Commercial Content in a commercial establishment or in a public accommodation, regardless whether a fee is charged or not; (d) attempt to disable, bypass, modify, defeat or otherwise circumvent any digital rights management system used as part of the Service or the Commercial Content; (e) use the Service or the Commercial Content for any commercial or illegal activities.

4.6    You may not obtain, or try to obtain, unauthorized access to the Service or the Content and you may not copy or reproduce or circumvent any technology for protection of intellectual property rights or territorial restrictions, disassemble, reverse-engineer, modify, decompile or create derivative works, transfer, grant a sub-license to, rent, lease or lend or in any other way let any other than you, directly or indirectly, use, copy the Service or parts thereof.

4.7    The Service, the Commercial Content and all the parts of the Service, including designs, text, graphics, pictures, videos, information, applications, software, music, sound and other files, are the proprietary property of Voddler or its licensors and are protected by copyright, trademark and other laws. Except for the rights expressly granted to you in these Terms of Use, no right to the Service or the Commercial Content is assigned to you, and all right, title and interest in the Service and the Commercial Content are reserved and retained by Voddler or its licensors. Voddler or its licensors do under no circumstances transfer any right, title or interest in the Service or the Commercial Content to you, and you do not acquire any ownership rights to the Service or the Commercial Content as a result of receiving access to the Service and the Commercial Content. The rights regarding VoddlerNet and the Offline Player are further set forth in their separate license agreements.

4.8    You grant Voddler the right to store, copy, display and distribute the User Content that you upload to the Service. Voddler may use these granted rights solely to provide the Service. Voddler will display and distribute your User Content to yourself and to the family members and friends you have invited to watch your User Content, whereby such users can view, and privately display for non-commercial, personal use, such User Content, by using the video players authorized by Voddler to display the User Content as the User Content is streamed by the Service over the Internet to the video player. Voddler has the right to use third parties to provide parts of the Service and therefore your accept that your grant above in this section is extended to such third parties. Apart from what is set forth above in this section, you do not grant Voddler any rights or intellectual property to you User Content.

4.9    If other users have invited you to watch their User Content, any rights for you to such User Content will be granted by the user that has invited you to watch the User Content. Voddler is not in the position to grant any rights regarding User Content. Voddler only displays and distributes the User Content according to the direction of the user that has uploaded the User Content as set out in section 4.7.

4.10    Voddler respect your and others’ copyright and intellectual property and in order to use the Service you need to do so too. If Voddler receives notices of alleged intellectual property right infringements Voddler will respond to such notices. Voddler has the right to delete Content that is alleged to be infringing intellectual property rights and to terminate access to the Service for users who are alleged to be infringing intellectual property.

5.    Use of Computer Resources

5.1    You agree that Voddler has the right to allow the Service to make use of the storage, processor and bandwidth on your Internet connection, computer, game console, mobile phone and similar electronic devices. However, this may only be done to facilitate the process, functions and operations of the Service and to facilitate the transmissions and communications of data or other features to you as well as to others who use the Service.

5.2    If you are connected to the Internet in a foreign country the Service may still make use of the storage hardware, processor and bandwidth on your Internet connection, computer, game console, mobile phone and similar electronic devices. As a consequence extra charges from your Internet Service Provider ("ISP") may be brought on you. Check with your ISP for further details. By using the Service you agree to take responsibility for these extra charges towards your ISP and you agree to indemnify Voddler for any third party claims due to the extra charges from your ISP referable to you.

6.    Advertisement

6.1    You accept that you may be exposed to commercial messages and advertisement when using the Service, including when viewing the Content.

7.    Support

7.1    You will find answers to the most frequently asked questions about the Service on the Website. You are always welcome to contact Voddler on 
Help & Support. 

8.    Privacy and Personal Data

8.1    You agree that Voddler has the right to collect and process personal data about you and your use of the Service in accordance with Voddler’s Privacy Policy applicable from time to time. Voddler’s applicable Privacy Policy is available on the Website.

9.    Service Level and Liability

9.1    Voddler will make reasonable efforts to keep the Service operational. However, technical problems or maintenance may, from time to time, result in interruptions. 

9.2    If the Service is not available and such unavailability is due to a fault of Voddler, you have the right to repayment of the proportion of the paid fee that corresponds to the time that the Service has been unavailable. Instead of giving you a refund, Voddler has the right to compensate you with free access to the Service corresponding to the time that the Service has been unavailable. If you want to claim a refund or other compensation, you must make the claim at the latest within 14 days from the time of the Service’s unavailability. Notwithstanding anything set out in this clause or elsewhere in these Terms of Use, Voddler is not responsible for unavailability or deficiencies of the Services caused by you, deficiencies in the Internet access or any other event beyond Voddler’s control.

9.3    Voddler will from time to time carry out updates and maintenance of the Service, during which the Service might be unavailable. Voddler will try to arrange updates and maintenance outside of peak usage hours. Notwithstanding anything set out in clause 9.2 or elsewhere in these Terms of Use, unavailability due to updates and maintenance do not entitle you to any refunds or other compensation. 

9.4    Voddler will make reasonable efforts to maintain and protect the User Content that you have uploaded but there is always a risk that unauthorized persons will obtain access to, copy, modify and distribute your User Content. Voddler does not use any digital rights management system to protect User Content. Voddler will not be liable for any loss, corruption or unauthorized access of your User Content, or for any costs or expenses as a result of such loss, corruption or unauthorized access.

9.5    The Service is provided “as is” and there is no warranty, expressed or implied, as regards to the availability, fitness for purpose, Content or other data provided or the quality of the Service. You also acknowledge that freedom from program errors cannot be obtained in the software industry. Voddler is not responsible for any damages to you electronic devices, loss of data, or other damages that result from your use of the Service

9.6    APART FOR WHAT IS SET OUT IN CLAUSE 9.2, TO THE FULLEST EXTENT PERMITED BY LAW, VODDLER (INCLUDING, BUT NOT LIMITED TO, AFFILIATED COMPANIES AND THEIR CONTRACTORS, OFFICERS, DIRECTORS AND EMPLOYEES) OR ITS LICENSORS SHALL IN NO EVENT BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) DAMAGES. VODDLER’S LIABILITY TOWARDS YOU SHALL UNDER NO CIRCUMSTANCES EXCEED THE AMOUNTS PAID BY YOU TO VODDLER FOR YOUR USE OF THE SERVICE DURING THE PAST 12 MONTHS.

9.6    Voddler reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, functions and features of the Service with or without notice, and Voddler shall have no liability to you if Voddler exercises such rights.

10.    Indemnity

10.1    Upon request by Voddler, you agree to indemnify, defend and hold Voddler harmless (including, but not limited to, affiliated companies and their contractors, officers, directors and employees) from all claims, liabilities and expenses (including reasonable attorney's fees) that arise from your misuse of the Service in a manner not in strict conformance with these Terms of Use.

10.2    Furthermore, Voddler reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. However, in which event you accept to cooperate with Voddler in asserting any available defenses.

11.    Additional Terms

11.1    If you violate any of the terms or conditions in these Terms of Use or the license agreements regarding VoddlerNet and the Offline Player or if you use the the Service in a manner that could cause Voddler legal liability or disrupt others’ use of the Service, your right to use the Service and access Content will immediately terminate without refund of any fees.

11.2    You agree to use the Service at your own risk, understanding that by using the Service, you may encounter Content that may be deemed offensive, indecent, abusive, defamatory, harassing, threatening, malicious or objectionable. Voddler shall have no liability to you for such Content. Content types and descriptions, such as genres, categories etc, are provided for your convenience only and Voddler does not guarantee their accuracy. 

12.    Assignment

12.1    Voddler is entitled to, in whole or in part, assign its rights and obligations under these Terms of Use to a third party.

13.    Partial Invalidity

13.1    If any provision of these Terms of Use shall be invalid or unenforceable, at any time or to any extent, the remainder of these Terms of Use shall not be affected thereby. Each provision of these Terms of Use shall be valid and enforced to the fullest extent permitted by law. 

14.    Law and Dispute Resolution

14.1    Swedish law shall apply to these Terms of Use except with regard to principles on conflict of laws. Any dispute, controversy or claim arising out of or in connection with these Terms of Use, or the breach, termination or invalidity thereof, shall be determined by Swedish courts of general jurisdiction where the district court of Stockholm (sw: Stockholms tingsrätt) shall be the court of first instance.

14.2    In regards of illegal copying or distribution of the Content or the Service to the public, Voddler has the right to instigate proceedings for damages or injunctions in any court having jurisdiction.

14.3    These Terms of Use constitute the entire agreement and understanding between the you and Voddler with respect to all matters which are referred to and shall supersede any previous engagements, arrangements or agreements between the you and Voddler in relation to the matters referred to in these Terms of Use.

14.4    These Terms of Use do not create any third party beneficiary rights.


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