A. Scope and Use of the Website
The following terms and conditions govern Your ("You/Your" means a user of the Website) access to and use of the FactualTV Services (defined below), including access to and use of this website, FactualTV.com (the "Site"), the digital media contents for access, sale or rental by stream or by download to own ("DTO") or by DVD or in DVD packages ("Packages") of various DVDs packaged by FactualTV or an affiliate of FactualTV (the "Contents") available from FactualTV. The FactualTV Services are provided by FactualTV which is wholly owned by DocumentaryBase AB ("FactualTV"). FactualTV, DocumentaryBase AB and any affiliate company or website of DocumentaryBase AB ("FactualTV", "FactualTV.com", "we" or "us") provides an online library and video services and the provision and sale of DVDs and DVD packages (each containing various DVDs and packaged by FactualTV) and offers factual programming which is available on FactualTV.com website ("the Site") and through affiliate and distribution partner websites ("Distribution Sites") and in DVD format as single DVDs or within DVD Packages for sale directly from the Site or through distribution partners ("DVD Distribution").
Please note that the quality level of the FactualTV Services can depend on features, speed and availability of bandwidth of Your Internet access and/or features and speed of Your computer and computer processor. Therefore, the quality level of the FactualTV Services may be adversely affected by any failure of Your equipment. We may cache parcels of the Contents on Your computer and upload such parcels from Your computer to other users of FactualTV Services with the purpose of allowing for easier access to the Contents and distributing them cost-effectively.
1. Description of the FactualTV Services
The FactualTV Services comprise all the services which are provided on or through the Site, including the use, whether free or upon payment, over the Internet of digital media contents, which are protected by copyright and/or any other intellectual property rights and any other rights related thereto. Our services, including the Contents, our video player and our DVD sales and Distribution service and any other features, tools, applications, materials or other services offered from time to time by FactualTV in connection with its business on any of the Distribution Sites are referred to collectively as the "FactualTV Services." FactualTV take all reasonable efforts to ensure that their content is not defamatory or of a gratuitously violent or sexual nature, however FactualTV cannot hold itself responsible for such content and ask the viewer to flag any such content to us so it can be removed if necessary.
2. User Legal Capacity. Representations Regarding Use by Minors
You hereby expressly represent and warrant to FactualTV that You are legally entitled and authorized to enter into this agreement. If You are under legal age, You may use the FactualTV Services only under the supervision of a person with legal capacity (e.g. parents, tutor or legal guardian).
3. Representations and Warranties by User
You hereby represent and warrant that You will not infringe the copyrights or any related rights as to FactualTV Contents or as to the software nor any privacy of third parties and that You will not violate any applicable law, statute, or regulation. You represent and warrant that all of the information provided by You to FactualTV is correct.
You shall not in any manner plagiarize, modify or reproduce the Contents nor attempt to duplicate, distribute, communicate, sell or loan them. For this purpose, the FactualTV Services contain technical measures in order to grant You the authorized use and access to the Content through the adoption of Digital Rights Management systems.
In the event the reproduction of FactualTV Contents is authorized, this reproduction shall be made within the limits set forth by FactualTV. This reproduction shall be made in compliance with any rights, including copyrights and any other industrial or intellectual property rights relating to FactualTV Contents.
You shall indemnify and hold harmless FactualTV of and from any and all charges, claims, damages, costs, judgments, decrees, losses, expenses (including reasonable attorneys’ fees), penalties, demands, liabilities and causes of action, whether or not groundless, of any kind or nature whatsoever, by reason of, based upon, relating to, or arising out of a breach or claim of breach or failure of any of the covenants, agreements or representations or warranties under these terms and conditions.
4. Collection and Use of Personal Information
5. User Reviews, Comments and Other Material
As part of the FactualTV Services, users may have an opportunity to publish, transmit, submit or otherwise post (collectively, "Post") reviews, comments or other materials (collectively, "User Material"). In order to keep the FactualTV Services enjoyable for all of our users, we ask You to adhere to the following rules.
Despite these restrictions, please be aware that some material provided by users may be inaccurate or inappropriate. FactualTV does not endorse any User Material, and User Material that is posted does not reflect the opinions or policies of FactualTV. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate. In no event does FactualTV assume any responsibility or liability whatsoever for any User Material. Please notify us of any inappropriate User Material You find. If a "report" feature through the FactualTV Services is not available for a specific instance of inappropriate User Material, please email support@FactualTV.com.
You must be, or have first obtained permission from, the rightful owner of any User Material You Post. By submitting User Material, You represent and warrant that You own the User Material or otherwise have the right to grant FactualTV the license provided below; You also represent and warrant that the Posting of Your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, You agree to pay for all royalties, fees, and other payments owed to any party by reason of Your Posting User Material.
FactualTV does not claim any ownership rights in User Material You Post. After posting Your User Material, You continue to retain all ownership rights. By posting Your User Material, You grant FactualTV a limited license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material through the FactualTV Services worldwide, in perpetuity, in any media formats and any media channels now known or hereinafter created. The license You grant to FactualTV is non-exclusive, fully-paid and royalty-free, and possible to sublicense.
6. Accessibility to the FactualTV.com Service
The FactualTV Services may be subject to certain restrictions, including without limitation restrictions as to time, manner and territory of use. Your ability to access to the FactualTV Services does not necessarily entitle You to use such Contents. Use of any image, audio, DVD purchasing or video file contrary to a restriction is prohibited. If You do not understand or are unsure as to any restriction, You may contact FactualTV prior to the download or use of any Contents.
7. User Feedback
You assign to FactualTV all rights to copy, modify, distribute, license and create derivative works of any comments, opinions or feedback You provide to FactualTV. In addition, You warrant that any comments, opinions or feedback You provide are not subject to licensing from any third party.
8. Advertising and Promotions
B. Purchase of DVDs, Packages and/or Downloads
All orders are subject to acceptance and availability. If the DVDs or Packages ordered are not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order. Any orders placed by you will be treated as an offer to purchase the DVDs, Packages or downloads from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase DVDs, Packages or downloads advertised on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit or debit card or (ii) dispatch the DVDs or Packages to you or, in respect of DTO or Rental tVOD, you begin to download any title from FactualTV, whichever is the earlier. You agree that we will not be responsible for failing to deliver DVDs to you if you have supplied us with an incorrect address.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the Website. Each DVD, Package or download purchased is sold subject to additional specific terms and conditions related to that good or service including, without limitation, terms and conditions concerning estimated delivery times and any warranties. Please ensure that you read such additional terms.
10. Cancellation Rights
Please note that you have the right to return any DVD which has a manufacturing fault within 7 working days of receipt by you. FactualTV reserves the right to exchange the DVD with a new one of the same title and specification. Should no such new DVD be available FactualTV will refund the purchase price within 30 days of receipt of the returned DVD/s. Should the faulty DVD or DVDs be part of a Package containing a number of DVDs, FactualTV reserves the right to replace only those DVDs within the Package that are faulty, however if these cannot be replaced you may return the whole Package for refund.
If you do return a faulty DVD pursuant to this clause 10, then you must contact us and inform our customer service team – support@FactualTV.com. Who will provide an address to which you can return any faulty DVD. Whilst you retain possession of any faulty DVD you must ensure that you take reasonable care of the DVD until such time as the DVD is delivered back to us by you. We regret that FactualTV cannot be held responsible for non-delivery of returned goods so we recommend you get a certificate of posting from the Post Office (this is free of charge).
11. Price and Payment
All prices are expressed inclusive of any VAT payable (where applicable). Prices (unless stated otherwise) exclude the cost of delivery. We reserve the right, however, to change prices at any time without notice to you. Every effort is made to ensure that prices shown are accurate at the time you place your order. If a pricing error is found in respect of any or all of the DVDs, Packages or downloads you have ordered, we will notify you as soon as possible detailing the miss-priced items and offer you the option of:- placing a new order at the correct price for those items or canceling your order for those items.
If you have not responded by selecting one of the available options above then if prior to delivery all of the items you have ordered are found to be miss-priced the entire order will be cancelled automatically and we will refund or re-credit you for any sum you have paid for those goods; or If prior to delivery only some of these items you have ordered are found to be miss-priced, our contract with you continues and we will deliver the correctly priced items but we will not be obliged to supply you with the miss-priced items. In these circumstances we will refund or re-credit you for any sum you have paid for the miss-priced items.
Payment can be made by most major credit/debit cards, please refer to the FactualTV website. Payment will be debited and cleared from your account before the dispatch of your DVD or Package to you or your download is confirmed. If payment is to be made via a credit/debit card a pre-auth value of £0.01 will be held against the card until the card issuer validates the payment. You confirm that the credit or debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.
12. Eligibility to Purchase
To be eligible to purchase goods on this Website and lawfully enter into and form contracts on this Website you must: if an individual, be 18 years of age or over; and stipulate a delivery address; and register your real name, address, phone number, e-mail address any other details requested; and By offering to purchase items you represent to us that you are 18 years of age or over and authorise us to transmit information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
13. FactualTV's Disclaimer, Indemnification and Limitation of Liability.
Notwithstanding any other provision in the Terms, nothing in these Terms will affect or limit your rights as a consumer under Swedish law; or will exclude or limit our liability for death or personal injury resulting from our negligence. The FactualTV.com Service is provided on an "As Is" basis without warranties of any kind, either express or implied, including without limitation warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. FactualTV does not warrant that any information is complete or accurate or that the factual.com Service will be uninterrupted or error free, or that any information is free of bugs, viruses or any other malicious programming or applications that may be contained in any of the products, information or software contained on the FactualTV.com Service.
We will not be liable to you for any delay or failure to fulfill On-Line Sales which you make using the FactualTV Services, where such delay or failure is due to circumstances beyond our control or the control of our sub–contractors and agents, including but not restricted to electricity power failure, utilities failure, failure of telecommunications links, failure of transport infrastructure, fire, flood, government act, act of God, legislative constraints, strikes, labour disputes or malicious damage involving employees.
FactualTV has no obligation to detect the presence of any bugs, viruses or any other malicious programming or applications. Any downloading of software or other materials or any other use of the FactualTV Services is at Your risk. You are advised to take adequate precautions to minimize any loss to Your system caused by viruses or any other malicious programming or applications, including the use of anti-virus programs and the proper backup of files.
The FactualTV Services may provide links to other web sites that may be of interest to You, but are not under the control of FactualTV and are not endorsed by FactualTV in any way. FactualTV is not responsible for the Contents or use of any linked web site.
FactualTV may suspend without notice the supply of the FactualTV Services in order to perform the maintenance thereof. As a consequence, FactualTV will not be liable for any such unavailability of the FactualTV Services.
Under no circumstance, including negligence, shall FactualTV be liable for any direct, indirect, incidental, special, punitive, or consequential damages that may result from the use or inability to use the FactualTV Services, including and not limited to the use of or reliance on information available on the FactualTV Services, interruptions, errors, defects, mistakes, omissions, deletions of files and/or products, delays in operation or transmission, non-delivery of information or products, disclosure of communications, or any other performance failure.
14. Disclaimer on intellectual property
FactualTV is engaged in preventing possible abuses or infringements of copyrights and other intellectual property rights according to applicable rules and regulations currently in force. In this respect, You should be aware that, under certain circumstances, FactualTV may remove any of the Contents from the FactualTV Services, upon a request by a third party alleging infringement of its copyrights and other intellectual property rights. FactualTV will assess any such claim and, in the event that substantial evidence of infringement is provided by notice of the third party, will proceed with the removal of any of the Contents from the FactualTV Services.
For this purpose, any communication regarding the use of the Contents on the FactualTV Services should be addressed in English to:
FactualTVAttn: Customer Inquiries Saltmatargatan 8a 113 59 Stockholm Sweden.