These Terms and Conditions of Using the Platform (“Terms and Conditions”) define the rules for providing users (“Users”) with the Film1 audiovisual streaming service (“Film1”) and access to any content (“Content”) and services within the Platform (“Platform”), both via the Website (“Website”), an application (“Application”), as well as mobile apps, Smart TV and through technological solutions owned by third parties, such as telecommunications operators.
These Terms and Conditions affect the rights of Users, so you should read them carefully before using the Platform.
The Terms and Conditions constitute a binding agreement between a User and the owner of the Platform, i.e. SPI International B.V. (hereinafter referred to as: “SPI”), a company incorporated under the laws of the Netherlands, with its registered office at: Wilhelminastraat 21, 1211 RH Hilversum, The Netherlands, with the number 50688871
The Privacy Policy, regulating the way of personal data processing by SPI, is available at: https://www.film1.nl/privacy/
I. ACCESS TO THE PLATFORM
A User may obtain access to the Platform through SPI or Film1 Partners (“Partners”), indicated at https://www.film1.nl/partnered-operators/. Partners sell services that include the Platform and provide Users with the means (e.g. activation codes) to set up an account on the Platform and to provide them with access to the Platform using other technologies.
A User may begin using the Platform after purchasing or otherwise obtaining access to the service (“Service’). It is necessary to first create an account on the Platform (e.g. using an activation code), after which the User gains access to all Content offered on the Platform.
The account remains active for the period for which the User has received access to the Platform. At the end of this period, the Account will be deleted. SPI may suspend access to an Account if it receives information from a Partner about the User’s failure to make payment.
Every User must be at least 18 years of age. Minors are only entitled to use the Platform from the account of a parent or legal guardian, via an account with parental control set up (“Parental Control”) or a specially created child profile (“Child Profile”).
As it is impossible to purchase the Platform directly from SPI, Partners process the payment method selected by a User and are obligated to provide the User with additional information about how to gain access to the Platform. Contact about payment is only possible through Partners.
Cancelling the Platform is possible only through a selected Partner but a User may delete his or her account (“Account”) at any time.
II. USING THE PLATFORM
With the Platform, a User gains access to Content, including films, series and television channels.
SPI offers one type of Subscription. A User may access the Platform via five registered devices (“Devices”) and play Content on up to three of them simultaneously.
Within the Platform, SPI adjusts the displayed Content to the User’s preferences based on his or her previous activity. This is not applicable to a Child Profile.
To use the Platform, a computer, mobile device or other device that meets the system requirements of the Platform is required. Access is only possible via devices on which compatible operating systems are installed. An up-to-date list of such systems is available at: https://www.film1.nl/supported-devices/.
The functions and functionalities of the Platform may vary depending on the device used by the User, as well as whether the User uses the Website, the Application or other technological solutions owned by third parties, e.g. Partners, telecommunications operators. As its operating systems develop, SPI reviews the operation of supported operating systems and may discontinue support for some older versions.
Image quality may vary due to, among other things, the device, the User’s location, the amount of free memory on the device and the permissible bandwidth and/or speed of the Internet connection.
Depending on the declared country of residence, which should be understood as the country of the purchase made by the User, (“Country of Residence”) the content available on the Platform may vary. SPI is able to verify a User’s Country of Residence.
In accordance with Regulation (EU) 2017/1128 of the European Parliament and of the Council of 14 June 2017 on the cross-border portability of online content services in the internal market, a User shall have the right to use the Platform in Member States of the European Union other than his or her Country of Residence in the same way as in his or her own country, within the framework of the EU Digital Single Market. The User may view the same Content.
Content available on the Platform is for non-commercial personal use only and may not be made available to persons who do not reside in the same household with the User. In the period when the Platform is provided, SPI grant a User a limited, non-exclusive, non-transferrable right of access to the Platform.
III. CONTENT INAPPROPRIATE FOR SPECIFIC PERSONS / PARENTAL CONTROL
The Platform offers Content that may not be suitable for all age categories or audiences. Some Content may contain explicit vocabulary, use of alcohol, tobacco, drugs or psychoactive substances, scenes of violence, nudity or sex, as well as content intended for adults only.
SPI uses means to allow Users to select Content appropriate directly to them and their families, among others by displaying age classification labels and content warnings.
SPI allows Users to adapt the Content shown on the Platform by turning on Parental Control. In order to set up Parental Control, the User configures it via “My Account” going to the tab: “Parental Control”. The Platform makes it possible for the User to choose the age (according to the categories indicated in the abovementioned tab) for which the Account will be adapted. Once the selection has been made, a default PIN code (“PIN Code”) will be generated and any Content inappropriate for audience categories below the selected age will only be available by entering it. The user can change the PIN to a different combination of his or her choice at any time. The PIN code allows access to Content that has been blocked by Parental Control. The Parental Control setting applies to the Account on all the devices connected to the Account.
Information on what to do if you lose or forget your PIN Code is available in the FAQs.
SPI also allows Users to create a Child Profile under which Content is shown which is appropriate to each category of the audience.
IV. PASSWORDS
A User is obligated to maintain confidentiality of the data through which he or she accesses the Platform, including his or her email address, password and the PIN Code for Parental Control. In addition, the User is responsible for the control of its registered Devices and must not allow third parties to access the Platform.
V. UPDATES
SPI may introduce updates of the Platform, error patches and other changes at any time. The Content Menu is regularly updated, as a result of which a User may not gain access to the same Content during the entire period of using the Platform.
VI. CUSTOMER SERVICE
A User may contact SPI writing to the email address: [email protected]. We handle inquiries from Users relating to the operation of the Platform. For all matters relating to complaints, payment and the period of availability of the Platform, a User should contact directly the Partner from which he or she has purchased the Platform.
VII. UNSOLICITED MATERIAL
SPI does not accept any materials which are creative ideas or concepts. Any similarity between the material made available on the Platform and unsolicited material sent by a User is coincidental.
VIII. COPYRIGHTS
The materials uploaded on the Platform are protected by copyright, trademarks, patents, commercial secrets and other rights. Any intellectual property rights in any Content are owned by SPI or related licensors. A User shall only access the Content for private use, without the right of public reproduction or showing for commercial purposes. In particular, a User is not entitled to:
a) copy, reproduce, store, distribute, modify, license, reproduce, enter in databases, create derivative works, publish, offer for sale, link, rent, lease or interfere with the operation of the Platform;
b) use the Platform in any inappropriate or unlawful manner;
c) interfere with or modify the signal of the Platform;
d) alter, cover up, modify or delete any graphical signs, logos or other on-screen text or images appearing in any transmission or other type of transfer;
e) use any method for extracting, collecting or mining data;
f) disable or tamper with any software, including DRM-type protections, which block copying or unauthorized access to content.
If a User violates the provisions of these Terms and Conditions, SPI has the right to block or change some functions of the Platform to prevent copying of Content.
IX. LIMITATION OF LIABILITY
SPI is not liable for the consistence of the Platform or Content with an agreement entered into between a User and a Partner. Any complaints should be addressed directly to the entity with which the User has executed the agreement.
Furthermore, SPI is not liable for any unapproved use of the Platform, any errors or viruses caused a User’s inappropriate use of the Platform and omission or violation of these Terms and Conditions by Users.
X. AMENDMENTS AND NOTIFICATIONS
SPI has the right to amend these Terms and Conditions and Users will be informed about it. If significant changes are introduced, a notification will be sent at least one month before they come into force. SPI has the right to notify a User about the changes by email.
XI. GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of the Netherlands. These Terms and Conditions do not restrict any consumer protection rights that a User may have under the mandatory laws of his or her place of residence.
XII. GENERAL PROVISIONS
If any of these provisions is found to be invalid or otherwise unenforceable, such provision shall be removed and replaced with one which will be the closest equivalent to the meaning of the provision. The remaining Terms and Conditions will continue to be fully valid and enforceable.
A User may not delegate or transfer his or her rights and obligations under these Terms and Conditions to any third party.
These Terms and Conditions enter into force on 22.10.2024.