Terms of use

Last update: April 2023

Welcome to Cinestream

These Terms of Use ("Terms") contain the regulation of the service between the user ("User") and Cinestream with regard to the Platform described below. The User is invited to carefully read these Terms as well as our Privacy Policy and our General Rules.

You enter into a contract with us when you confirm acceptance of these Terms. Your use of the Platform without a profile is, however, subject to these Terms.

Cinestream is a registered trademark of: Company with which you are entering into this contract.

These Terms govern the use of Cinestream ("Platform"), which includes Cinestream's websites and software and related services accessible through any device. Our General Rules, which the User agrees to respect by accepting the Terms, are also part of this contract.

1. Platform Usage

Cinestream is a platform that allows the projection of your multimedia content on the screens of the UCI Cinemas Italia network chain ("Broadcaster").
As the screen manager, the guidelines regarding the content to make it suitable for public projection are defined by the Broadcaster.
The Platform verifies compliance and adherence to the aforementioned guidelines through a check of the received content.
Non-compliant content will not be accepted, even if space has been previously purchased.
Information on how we use the User's data collected by us can be found in our Privacy Policy and Cookies Policy. Although not part of this contract, we strongly recommend reading it.<

User Profiles (Accounts)

It is possible to use some basic features of the Platform without having a profile. If you use the Platform without a profile, such usage will still be subject to the current Terms, and we will process personal data in accordance with our Privacy Policy.
To access all the functionalities of the Platform, it is necessary to create a profile. When creating a profile to access and use the Platform, it is necessary to provide accurate and up-to-date information about your account (such as your date of birth). The User commits to check and, if necessary, update the accuracy of the entered data and to take all necessary precautions to keep the password of their profile confidential without revealing it to third parties.

Minimum age

The use of the Platform is permitted only to adults.

What is Possible on the Platform

Under these Terms, you can use the Platform to

• create content
• upload pre-packaged content
• purchase exclusive public projection spaces (for private and non-professional or commercial use) during the pre-show before any UCI Cinemas screening. The purchasable spaces are those available in the "Shows" list on the Platform.

Permissions for Platform Usage

• is limited to what is provided in these Terms
• is solely reserved for the profiled User
• cannot be transferred to anyone else
• can be withdrawn for the reasons provided in these Terms.

What is not possible on the Platform

Our General Rules apply to everyone and all content on the Platform. If you wish to use the Platform, it will not be possible to create and publish content that violates our General Rules.
In any case, it will not be possible to use the Platform to:

• carry out illegal actions
• undermine the functioning or security of the Platform
• attempt to extract data or content from the Platform using automated systems or software
• use or attempt to use another User's profile with or without their authorization.

Users will also not be able to create and/or publish content on the Platform in any way that:

• violates the rights of others (such as intellectual property, privacy, and/or the rights of living or deceased individuals)
• constitutes a crime, encourages or provides instructions for the commission of a crime, or for engaging in dangerous activities
• spreads false information aimed at misleading the public, disrupting public order, or improperly influencing elections or civic processes
• contains threats of any kind, intimidates or harasses others, including the publication of any material intended to ridicule, humiliate, embarrass, intimidate, or harm someone
• is obscene, pornographic, discriminatory, or provocative or promotes sexually explicit material
• contains or promotes violence or discrimination based on race, ethnicity, nation of origin, religion, caste, sexual orientation, gender, identity, serious illnesses, disabilities, immigration status, or age
• in any case, contains harmful content (content that refers to physical, mental, or moral qualities that may be harmful to minors)
• contains advertising, even hidden, for brands, products, or services (for example, wearing extremely branded clothing or accessories)
• contains images or references to alcoholic beverages, tobacco products, and gambling
• uses surreptitious or subliminal techniques
• encourages behaviors prejudicial to health or safety or seriously undermines environmental protection
• contains images or references to religious beliefs or political parties.

2. User Content

• The User is solely responsible for the content created and/or published through our Platform. The User must possess all necessary rights to publish content on the Platform.
• For the creation and publication of video or photographic reproductions of minors, parental consent is required. By accepting these terms, the User declares to be aware of expressing the will of the other parent exercising parental responsibility - aware of the administrative and criminal consequences for making untrue statements, under DPR 245/2000. The User declares to have made the choice in compliance with the provisions on parental responsibility of Articles 316, 337 ter, and 337 quater of the Italian Civil Code, which require the consent of both parents.
• We reserve the right to remove or limit access to any content if we believe that they (i) violate these Terms or our General Rules, or (ii) may cause harm to us, affiliated companies, our Users, or third parties.
• Users are free to delete their content from the Platform at any time.

Content Ownership and License Grant

We do not own the content produced or uploaded by a User. If you hold intellectual property rights related to the content published on the Platform, no provision in these Terms will affect that ownership.
To enable the use of the Platform, we need to obtain certain rights from the User, namely licenses. The details of these licenses are outlined below.
By creating and publishing content on the Platform, the User grants Cinestream a license to use their content, including reproduction (e.g., copying).
This license will be:

• Non-exclusive: It allows the User to license the content to other parties.
• Royalty-free: No payment is required for the grant of this license.
• Transferable: We reserve the right to transfer these rights to third parties.
• Sub-licensable: We reserve the right to sublicense the content to other entities, such as service providers assisting in delivering Platform services or trusted third parties with whom we have contracts to manage, develop, and administer the Platform.
• Universal: The license can be applied in any territory.

Copyright

"Copyright" is a legal right that protects original works of creativity, such as music, videos, etc. This often applies to the editing and/or publication of musical compositions, films, or photographs, where the exploitation, even in part, typically requires licenses for use. The use of images or music derived from copyrighted works is allowed only if one possesses the appropriate licenses

Copyright Violation

Violation of copyright is not tolerated, and the use of third-party content protected by copyright without authorization or a legally valid reason constitutes a violation of Cinestream's policies.

Content Acceptance. Suspension or Closure of a User Profile

Acceptance of content is contingent on respecting copyright. User-generated content that infringes on the copyright of third parties may be rejected. A User's profile may be suspended or closed for multiple violations of copyright or further breaches of our terms of use or General Rules. We reserve the right to prevent any User whose profile has been used for improper activities from opening a new profile on any platform managed by Spectre S.r.l.

Trademark

Unauthorized use of a trademark or anything that evokes it in a way that may cause confusion, deception, or error about the source is prohibited by law.

Removal of Content. Suspension or Closure of a User Profile

Any User-generated content that violates the trademark rights of third parties may be rejected. A User's profile may be suspended or closed for multiple violations of third-party trademark rights or further breaches of our Terms of Use or General Rules. We reserve the right to prevent any User whose profile has been used for improper activities from opening a new profile on any platform managed by Spectre S.r.l.

Advertising

Cinestream is a service that exclusively grants spaces to private individuals. Advertising, even hidden, is not allowed. For advertising purposes, you can contact DCA Italy.

General note

The Cinestream User is solely responsible for the content published. If there are concerns about trademarks or copyright, such as if your content or the use of the name or trademark of third parties infringes or otherwise violates their rights, we recommend legal consultation before publication.

3. Renounce and Refunds

To ensure that you can view your CINEMESSAGE, please remember to take your seat at the cinema by the specified time. Latecomers will not be entitled to any refund, and it will not be possible to reschedule additional screenings.
The User can decide for personal reasons to cancel the projection of their content up to 2 working days before the projection date without the right to any compensation.
If the waiver occurs within 10 days before the projection date, the User will be reimbursed in the form of a discount voucher automatically credited to their profile equal to the value of the originally made purchase.
Economic refunds will only occur in the event of a missed projection by contacting support@cinestream.store.
Spaces for projection purchased and not paired with contents deemed appropriate by us within the established terms are not subscribed or refunded in any way.

4. Suspend or Terminate the Relationship

User rights

The User can terminate the relationship with Cinestream at any time by simply closing their profile and discontinuing the use of the platform.

5. Dispute Resolution

These terms are governed by Italian law. In the event of a dispute, we will strive for an amicable resolution. If this is not possible, the competent jurisdiction will be the consumer's one.

6. Miscellaneous

These terms, along with all rights and permissions granted, can be transferred by Cinestream without any restrictions. In this case, it will not prejudice consumer rights. Furthermore, if Users are not satisfied, they always have the right to terminate this contract and cease the use of the platform at any time. We reserve the right to make changes to these terms or the platform. In such a case, before proceeding with the aforementioned changes, we will consider the reasonable interests of each User.