As amended December 1st 2011.

This service is provided by PURESCREENS (“PURESCREENS” or “we” or “us”).

PURESCREENS is committed to providing an excellent user experience. In order to provide this website and our digital content Service to you, you must agree to be bound by the following terms which form a legally binding contract between PURESCREENS and you.

1. ACCEPTANCE OF TERMS

1.1. Access to our Sites. Your access to and use of any PURESCREENS websites and any other site powered by PURESCREENS for third parties (collectively the “Website”) and any Service referred to in Section 2, is subject to these Terms and Conditions. Your use of the Website may also be subject to:

Any additional terms and conditions (including license terms) which apply specifically to particular items of content available via the Service, which will be made known to you by the relevant licensor at the time of your accessing that content.

1.2. Acceptance. You agree not to use the Website or Service for any purpose that is unlawful or that is prohibited by these Terms and Conditions. By using the Website or Service you are fully accepting these Terms and Conditions. If you do not accept these Terms and Conditions you must immediately stop using the Website and Service.

1.3. Right to Amend Terms. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms and Conditions at any time. If we do this, we will post the changes to these Terms and Conditions on this page and will indicate the effective date at the top, but will not notify you directly of any change. If you do not agree to (or cannot comply with) the Terms and Conditions as amended, you should immediately stop using the Website and Service. PURESCREENS shall not be obliged to make any other remedy available to you. You should regularly review these Terms and Conditions so that you are aware of any changes. Your continued use of the Website or Service after any such changes constitutes your acceptance of the new Terms and Conditions. Any Content which you have accessed previously will be subject to the provisions of the Terms and Conditions as they were at the date you accessed that Content.

2. THE SERVICE

PURESCREENS provides digital media streaming Service (the “Service”) designed to enable you to access legal digital content (the “Content”).  The Service is for your own personal and non-commercial use and you are not authorized to make any copies of any downloads or streams other than for personal use.

3. OBJECTIONABLE MATERIAL

You understand that by using the Service, you may encounter Content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. You agree to use the Service at your sole risk and PURESCREENS will not be liable to you for Content that may be found to be offensive, indecent, or objectionable. PURESCREENS does not guarantee the accuracy of any descriptions provided on our Website.

4. CHILD SUPERVISION

We are concerned about the safety and privacy of our users, particularly children. Parents who wish to allow their children access to and use of the Service should supervise such access and use. It is your responsibility to determine which if any portions of the Service are suitable for your child to access.

5. AGE RESTRICTION TO REGISTER FOR SERVICE

5.1. Registering for the Service. You must be at least 18 years of age to agree to and enter into a contract on your own behalf and to register for use of the Service. If you are under 18 but at least 13 years of age, you must present these Terms and Conditions to your parent or legal guardian, and he or she may consent on your behalf.

5.2. Minimum Age. Children under the age of 13 may not register for the Service, and parents or legal guardians may not register on their behalf. By registering for the Service, you represent that:

(a) you have read, understood and agree to be bound by these Terms and Conditions; and

(b) you are at least 18 years old, either entering into this contract for yourself or entering on behalf of your child or a child in your legal care aged 13 or over.

5.3. Full Access. If you are a parent or guardian allowing your child access to the Service you are allowing your child access to all of the Service and Content. It is therefore your responsibility to determine which Service and Content are appropriate for your child. Always use caution when revealing personally identifiable information about yourself or your children via any of the Service. You are fully responsible for your child’s use of the Website and Service, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these Terms and Conditions, do not register and do not attempt to access the Service.

6. PRIVACY POLICY

We recognize that your privacy is very important to you and that it is your right to control your personal information. We know that providing personal information is an act of trust and we take that trust seriously.

6.1. Personal Information. If you register for any of the Services you will be asked to provide basic personal information. The information is used solely for notifying you of changes or updates to the Website/Service. PURESCREENS will never sell, rent or otherwise disclose any of your personal information, including your email address, to any third party without your consent unless: 1) we are required to by law; or 2) if it is necessary to provide the Services.

6.2. Communications from Us and Mailing Lists. In order to keep our users informed about the operation of our Website/Service, we may send e-mails and announcements to your personal email address that you have provided to us upon registration. We may also offer options for you to sign up for our mailing lists without having to use any product or service. For additional information and offers, we give you the option of joining our mailing lists. We may also allow you to choose whether to receive mailings from record labels and other promotional partners that we think will be of interest to you. Any promotional e-mail from us will come with instructions for how to unsubscribe from the mailing list.

6.3. Payment Information. If you pay PURESCREENS for the Services, your payment information will only be used to check that it is a valid method of payment and to process your payment. No payment information is kept by PURESCREENS other than to facilitate the provision of Services to you (for example, storing your credit or debit card number for quick payment). You will always be able to remove any such stored payment details.

6.4. Your Rights. If you are a registered user, you have certain rights. You have the right to be told what personal information we hold about you on our database. Should you wish to exercise that right, or if you have any questions concerning the PURESCREENS privacy policy, please write to: info@purescreens.com.

6.5. Aggregated Information. To monitor and improve the performance of our technology, we capture other data such as search criteria, results, downloads and purchases. We only share this data on an aggregate basis for instance to chart reporting companies for compilation of sales charts. We also gather information such as date, time, connection speed and IP address of all service users. We keep this information for our internal security audit log, aggregate trend analysis and system administration. We sometimes use third party service providers to help us track the activity and user flows within our service. These third parties may use temporary cookies and/or web beaconing technology to facilitate such tracking. Such tracking would track an individual user’s movements but the data would not be tracked in a personally identifiable way. Such data would be stored and analyzed on an aggregated basis solely for the purpose of internal analysis by PURESCREENS to improve the Service.

6.6. Security. PURESCREENS has implemented technology and security features, as well as strict internal guidelines, to safeguard the privacy of your personal information from unauthorized access or improper use. We employ SSL encryption to secure your personal data and payment information. We will continue to enhance our security procedures as new technology becomes available. While we make every effort to ensure that your information is secure on our system, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk.

7. USER ACCOUNT, PASSWORD AND SECURITY

7.1. Password Security. If a particular Service requires you to open an account you will be required to complete the registration process by providing certain information and registering a username and password for use with that Service. You are responsible for maintaining the confidentiality of the username and password. You are fully responsible for any use of the Website and Service using your username and password, including all financial charges and legal liability that are incurred. We recommend that you change your password from time to time for additional security. If you believe someone has accessed the Service using your user name and password without your authorization, it is your responsibility to notify us and set up a new password.

7.2. Unauthorized Access. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. In no event will PURESCREENS be liable for any loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder. You agree that we will be entitled to assume that any person logging into the Website using your username and password is either you or someone doing so with your permission.

8. USAGE RULES

8.1. Use of Content. We cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Service you may be exposed to Content that is offensive and/or indecent. PURESCREENS will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of the Content transmitted via the Service and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.

8.2. Content Usage Rules.

(a) Ownership of any Content accessed by you remains with the relevant owner or licensor. Your rights are limited to a license to use the Content only for personal, non-commercial use, and not for redistribution, transfer, assignment, public play-back, or sublicense, to the extent permitted by law, and strictly subject to these Terms and Conditions and any Licensor Terms.

(b) The delivery of Content does not transfer to you any commercial or promotional use rights in the Content.

8.3. You agree that your redemption of Content constitutes your acceptance of and agreement to use such Content solely in accordance with the Usage Rules and any Licensor Terms, and that any other use of the Content may constitute a copyright infringement.

8.4. Use of the Website/Service.  You agree not to:

(a) use the Service to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;

(b) post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;

(c) post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;

(d) threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;

(e) use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;

(f) make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;

(g) collect or store personal information about others, including email addresses;

(h) advertise or offer to buy or sell goods or Service for any commercial purpose, unless such communication facility specifically allows such messages;

(i) impersonate any person or entity for the purpose of misleading others;

(j)           violate any applicable laws or regulations;

(k) use the Website/Service in any manner that could damage, disable, overburden or impair the Website/Service or interfere with any other party\s use and enjoyment of the Website/Service;

(l) post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);

(m) attempt to gain unauthorised access to any of the Service, other accounts, computer systems or networks connected to the Website/Service through hacking, password mining or any other means.

8.5. Monitoring. We have no obligation to monitor the Service but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove any material that breaches these terms and conditions or is otherwise objectionable.

9. TERMINATION

9.1. Termination by us. We have the right to terminate your access to any or all of the Service at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions. We may also at any time, at our sole discretion, discontinue the Website and/or Service or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Website and/or Service.

9.2. Termination by you. If you wish to discontinue your use of the Website and/or Service, you may do so at any time by no longer accessing the Website. You can request for us to delete any account you hold with us by contacting us using the details provided on the Website.

10. EQUIPMENT

Without limiting any provision in these Terms and Conditions, PURESCREENS makes no warranty that any particular computer, portable device, operating system, or other hardware or software will be compatible with PURESCREENS’s Website or Service, or any Content. It is your sole responsibility to ensure that any Content you access via the Service will function correctly on your computer or device.

11. REFUND POLICY

Due to the nature of the Service, all sales of Content are final and all charges from those sales are non-refundable. You are not able to cancel any transaction after you have confirmed your acceptance to proceed.

12. LINKS TO THIRD PARTY WEBSITES

The Website and Service may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that PURESCREENS is not responsible for the content or availability of any such sites.

13. INTERNATIONAL USE

You agree to comply with all applicable laws regarding the transmission of technical data exported from France or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.

14. INTELLECTUAL PROPERTY RIGHTS

The Service and its content (including without limitation the Content, the Website design, text, graphics and all software and source codes connected with the Website and the Service) are protected by copyright, trade marks, patents and other intellectual property rights and laws. In accessing the Service, you agree that you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website and the Service for personal, non-commercial home use only.

15. INDEMNITY

You agree to indemnify and hold PURESCREENS harmless from and against any breach by you of these Terms and Conditions, and any claim or demand brought against PURESCREENS by any third party arising out of your use of the Service and/or any Content submitted, posted or transmitted through the Service, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by PURESCREENS in consequence of any such breach by you.

16. DISCLAIMERS AND LIMITATION OF LIABILITY

16.1. Use of the Website and Service is at your own risk. The Website and Service are provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

16.2. PURESCREENS makes no warranty that the Website or Service will meet your requirements, that Content will be accurate or reliable, that the functionality and availability of the Website or Service will be uninterrupted or error free, that defects will be corrected or that the Website or Service or the server that makes them available are free of viruses or anything else which may be harmful or destructive.

16.3. To the extent permitted by law, PURESCREENS will not be liable for any loss of damage that you suffer that was not directly caused by PURESCREENS’s breach of its obligations to you (as set out in these Terms and Conditions) or its negligence. In respect of all other liability to you, the maximum amount that PURESCREENS shall be liable for is limited to the price paid by you for the Content to which your claim relates. 

16.4. Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of PURESCREENS for death or personal injury as a result of the negligence of PURESCREENS.

16.5. Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.

17. SEVERANCE

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

18. GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the laws of France and you hereby submit to the exclusive jurisdiction of French courts.

19. PURESCREENS CONTACT DETAILS

PURESCREENS

Registered office at 27, bd. Hippolyte Marquès, 94200 Ivry-sur-Seine, France.

Registered No. 497 742 916

Info@purescreens.com