TERMS AND CONDITIONS
Welcome to the ZAK Film Productions website (the “Site”) which is maintained for your personal entertainment, information, education, and communication. Please feel free to browse the Site. You may download material displayed on the Site for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of the Site for public or commercial purposes, including the text, images, audio, and video without ZAK Film Productions' written permission.
Your access to and use of the Site is also subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Site.
Terms and conditions
1. You should assume that everything you see or read on the Site is copyrighted unless otherwise noted, and may not be used except as provided in these Terms and Conditions without the written permission of ZAK Film Productions. ZAK Film Productions neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with ZAK Film Productions.
2. While ZAK Film Productions uses reasonable efforts to include accurate and up to date information in the Site, ZAK Film Productions makes no warranties or representations as to its accuracy. ZAK Film Productions assumes no liability or responsibility for any errors or omissions in the content of the Site.
3. Your use of and browsing in the Site are at your risk. Neither ZAK Film Productions nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. ZAK Film Productions also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
4. While we are always happy to hear from you, it is ZAK Film Productions' policy not to accept or consider creative materials, ideas, or suggestions other than those we specifically request. This is to avoid any misunderstandings if your ideas are similar to those we have developed independently. Therefore we must request that you do NOT send to us any original creative materials such as screenplays, stories, original artwork, etc. Any communication or material you do transmit to the Site by electronic mail or otherwise will be treated as non-confidential and non-proprietary. Anything you transmit or post may be used by ZAK Film Productions or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, ZAK Film Productions is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
5. Images of people or places displayed on the Site are either the property of, or used with permission by, ZAK Film Productions. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
6. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of ZAK Film Productions and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of ZAK Film Productions or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that ZAK Film Productions will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
7. ZAK Film Productions has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.
8. Although ZAK Film Productions may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, ZAK Film Productions is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. ZAK Film Productions will fully cooperate with any law enforcement authorities or court order requesting or directing ZAK Film Productions to disclose the identity of anyone posting any such information or materials.
9. ZAK Film Productions respects the privacy concerns of the users of its Site. As a general policy, no personal information is automatically collected from users of its Site. However, certain non-personal information is recorded by the standard operation of ZAK Film Productions’ Internet servers. Information, such as the type of browser being used, its operating system, and your domain name is gathered in order to customize your online experience. Other uses of this information include internal review of the number of users to the Site, but only in an aggregate and non-personally-identifiable form. This data may be provided to other parties for marketing, advertising or other uses.
Personally identifiable information that may be collected in connection with your voluntarily filling out contest entry forms is retained by ZAK Film Productions and is not sold or otherwise transferred outside the company without your prior consent. This information may be used to better understand your use of the Site and to support advertising transactions made on the Site.
For parents concerning privacy:
On any sites maintained by ZAK Film Productions which are specifically designed for children, ZAK Film Productions requires children to consult with their parents before furnishing data. However, ZAK Film Productions believes that parents should supervise their children’s online activities and consider using parental control tools available from online services and software manufacturers that may help provide a child-friendly online environment. These tools may also prevent children from disclosing online their name, address, and other personal information without parental permission. Personal information about or obtained from a child will not be used for commercial or trade purposes without the prior written consent of a parent or legal guardian of the child.
10. You agree to indemnify, defend and hold ZAK Film Productions and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the "Indemnified Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by any Indemnified Party in connection with any breach by you of these Terms and Conditions. ZAK Film Productions reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with ZAK Film Productions’ defence of such claim.
11. ZAK Film Productions may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
12. The Site and these terms and conditions and non-contractual matters arising in connection herewith will be governed by German law. The German courts will have exclusive jurisdiction over any disputes arising in relation thereto. If any part of these terms and conditions is found void and unenforceable, it will not affect the validity of the balance of these terms and conditions, which shall remain valid and enforceable.
13. Our addresses:
ZAK Film Productions UG (haftungsbeschränkt) is a company registered in Germany under commercial registration number: HRB 24587 P.
Business Address:
Hermann-Maaß-Straße 34
Potsdam
14482
Germany
PRIVACY POLICY
Introduction: This web site which is located at the domain zakfilm.com (the "Site") is operated by ZAK Film Productions. ("ZAK Film Productions" or "we" or "our" or "us"). Your privacy is important to us. This Privacy Policy describes the types of information collected from you, what we do with it, with whom we share it, and how you can correct or change such information. It is your responsibility to review this Privacy Policy carefully, especially before providing any personal data through the Site. This Site is operated in and controlled from Germany. If you have any questions about this Privacy Policy or Site, or if you wish to unsubscribe from Site services for which you have previously registered, please contact us at the address at the end of this policy.
PLEASE REVIEW THIS PRIVACY POLICY AND THE TERMS AND CONDITIONS FOR THE SITE CAREFULLY. YOUR USE OF THIS SITE SIGNIFIES YOUR AGREEMENT TO SUCH PRIVACY POLICY AND TERMS AND CONDITIONS.
1. Types of Information Collected
Personal Data
Aggregate and Anonymous Data
2. Use of Cookies and Similar Technologies
Personal Data
AA Data
3. Our Use of Your Information
4. Disclosure of Personal Data
Disclosure to Affiliates
Disclosure to Third Parties
Disclosure to Others
5. Third Party Advertising and Links to Other Sites
6. Your Choices
7. Children and Privacy
8. Message Boards, Chat Rooms, Blogs and Other User Forums
9. Data Security
10. Exclusions
11. Other Terms and Conditions
12. Applicable Law
13. Changes to this Privacy Policy
14. Contacting ZAK Film Productions Regarding Your Privacy
1. Types of Information Collected
Personal Data: Personally Identifiable Information ("Personal Data") is any information that can be used to identify a specific individual, such as your name, email address, home address, phone number and credit card information. This Site collects Personal Data when you interact with the Site for example when you subscribe for newsletters; register for membership services such as chat rooms or message boards; participate in chat rooms, blogs or other user forums; respond to polls or surveys; purchase merchandise via the Site; register for sweepstakes, contests and other promotional opportunities; or seek help from our customer service departments. We also may collect information when you purchase products or services offline, or register for wireless services via your mobile phone or other wireless devices ("Other Services"). Because providing detailed information regarding our privacy policy when you register or provide information in connection with these Other Services often proves impractical, you may instead be provided with a short notice that reminds you to refer to this Privacy Policy and other relevant information from us. We may also obtain Personal Data from reputable third parties, such as credit agencies.
Aggregate and Anonymous Data: Aggregate and anonymous data is information that does not identify you specifically including data collected automatically through the operation of the Site ("AA Data"). We may collect site usage data (such as which Site pages you visit and in what sequence) through the use of various technologies. For example, we collect IP addresses from individuals who visit the Site. An IP address is a number that is automatically assigned to your computer whenever you're surfing the Web. Web servers, the computers that "serve up" Web pages, automatically identify your computer by its IP address, and when you request a page from a website, its servers log your IP address. We do not link IP addresses to any Personal Data, so although your session will be logged, you will remain anonymous to us and the Site. We may also collect password information from you when you log in, as well as computer and connection information such as browser type or version. During some visits, we may use software tools, such as Javascript, to measure and collect session information, including page response times, download errors, time spent on certain pages, page interaction information, and methods used to browse away from the page.
2. Use of Cookies and Similar Technologies
Like many sites, we use "cookies" or other similar technologies to collect AA Data. A cookie is a small data file that writes to your hard drive for record keeping purposes when you visit the Site. Cookies allow the Site to measure traffic activity on the Site and to improve your user experience, for example by remembering your passwords and viewing preferences, allowing you to visit "member only" portions of the Site without re-registering, and tracking the progress and number of entries in activities that require registration or entry, such as sweepstakes. Similarly, if you have asked us to send you information about upcoming products and promotions, using cookies we collect information about which Site pages you have visited and in what order ("Clickstream Data") that may allow us to narrow or limit the materials provided to you based on your prior online activities or preferences. Most browsers are initially set to accept cookies. If you prefer, you can set your browser to refuse cookies or to alert you when cookies are being sent, but it is possible that some parts of the Site will not function properly if you do so.
In addition, we may use a service that collects data remotely by using so-called "pixel tags," "web beacons," "clear GIFs" or similar means (collectively, "Pixel Tags") embedded in the Site’s content. A Pixel Tag is an electronic image, often a single pixel (1x1), that is ordinarily not visible to Site visitors and may be associated with cookies on the visitors’ hard drives. This information is AA data.
3. Our Use of Your Information
Personal Data: We will use your Personal Data for the purposes for which it was provided. For example, if you provide Personal Data to register for a newsletter or a text messaging service, to enter a contest or a sweepstake, or to purchase goods or services, we will use it to register you for or provide you with those goods or services. We may also use your Personal Data to provide you with information about features, services and other offerings that may be of interest to you. We also may send information or offers to selected groups of Site users on behalf of other businesses. When we do this, we do not give those businesses your name or address. Under certain circumstances (for example if you win a contest) we may post your Personal Data on the Site. We will notify you of this possibility when you provide the Personal Data and, if possible, when the Personal Data is posted.
Cookies and similar tools may be used to relate your use of the Site and AA Data to Personal Data obtained from you. If any AA Data is linked with Personal Data, the linked AA Data will then be treated as Personal Data.
AA Data: We may also use Personal Data in aggregate form for purposes of research or analysis. In order to better understand and serve the users of the Site and Other Services, ZAK Film Productions often conducts research on its customer demographics, interests and behaviour based on Personal Data we gather. Although this aggregated data may be based in part on Personal Data, it does not identify you personally. ZAK Film Productions may share this type of AA Data with a variety of third parties, including its affiliates, agents, and current and prospective business partners.
We may use AA Data collected from the Site for site administration, advertising and promotional purposes, and we may share such information with various affiliated and unaffiliated entities for such purposes. For example, IP addresses are used for the purposes of system administration and to provide AA Data to advertisers about the volume of use on the Site, and Clickstream Data and demographic AA Data may be shared with our advertisers and business partners. We may also enter into agreements with outside companies that possess technology that allows the Site to customize the advertising and marketing messages you receive on the Site. This data (including Clickstream Data about your activities on our Site) may be shared with these companies for this purpose.
4. Disclosure of Personal Data
Disclosure to Affiliates: We reserve the right to share Personal Data with our affiliates. If you do not want us to share your Personal Data with our affiliated companies for their marketing purposes, you may opt-out of such sharing by contacting us at the address below.
Disclosure to Third Parties: ZAK Film Productions, like many businesses, sometimes hires other companies to perform certain business-related functions on our behalf such as hosting specific portions of the Site, maintaining databases, administering contests, providing wireless services, mailing information and processing payments. When we employ a third party to perform these functions, that third party will only be provided with the particular Personal Data it needs to perform its function, and is required to protect the Personal Data. For third-party sponsored sweepstakes, contests or promotions, we may request Personal Data from you that may be shared with the sponsor upon request.
Disclosure to Others: In addition, we may disclose Personal Data without providing you with a choice under the following limited circumstances to: (1) protect the legal rights, privacy or safety of ZAK Film Productions or its subsidiaries, affiliates or its or their employees, agents and contractors; (2) protect the safety and security of visitors to our web sites or other properties; (3) protect against fraud or other illegal activity or for risk management purposes; (4) respond to inquiries or requests from public authorities; (5) permit us to pursue available remedies or limit the damages that we may sustain; (6) enforce our Terms and Conditions; or (7) comply with the law or legal process.
If ZAK Film Productions sells all or part of this Site or makes a sale or transfer of assets or is otherwise involved in a merger or business transfer, we may, in our sole discretion, transfer, sell or assign your Personal Data to a third party as part of or in connection with that transaction. Upon such transfer, the Privacy Policy of the acquiring entity may govern the further use of your Personal Data.
5. Third-Party Advertising and Links to Other Sites
This Site may include third-party advertising. These third parties’ websites and advertisers, or the Internet advertising companies that work on their behalf, may use technology to send (or "serve") the advertisements that appear on our Site directly to your browser. They automatically receive your IP address when this happens. They may also use cookies, Javascript, Pixel Tags and other technologies to deliver advertisements, collect information about the effectiveness of their advertisements, and to collect anonymous information about your visits to the Site, such as the number of times you have viewed an ad (but not your name, address, or other Personal Data). For more information about these specialized cookies and other technologies, and how to "opt out" of information collection by these companies, we suggest you visit http://optout.networkadvertising.org/#!/.
Please note that this Site contains links to other sites that will not follow the same Privacy Policy as our Site. For instance, clicking on an advertisement or on links or other elements on the Site may take you to an entirely different site. Links to other sites may use our Site logo or style as a result of a co-branding agreement. These sites may send their own cookies to you and may collect data and make use of that data in ways that this Site would not. Once you've left this Site, this Privacy Policy will no longer apply to Personal Data or any other data collected from or provided by you. You should check the applicable privacy policy to determine how that site will handle such data.
6. Your Choices
You can use the Site and certain Other Services without providing any Personal Data, but if you decline to provide Personal Data, you may not be able to use certain services or features. If you have previously provided Personal Data to the Site and have subscribed to one or more email newsletters or are receiving emails or other communications from the Site and you do not want to receive such emails, please discontinue your subscriptions by selecting the "unsubscribe" link at the bottom of any message.
7. Children and Privacy
We encourage parents and guardians to spend time with their children online and to be fully familiar with the sites visited by their children. At various places on the Site or Other Services, we may ask users for their age. By using the Site or Other Services you agree to respond truthfully and accurately about your age. Children under the age of 13 years of age are expressly prohibited from submitting or posting any Personal Data on the Site or Other Services.
8. Message Boards, Chat Rooms, Blogs and Other User Forums
Please remember that information posted to message boards, chat rooms, blogs and other user forums becomes public information. Use caution when posting. Individuals under the age of 18 should be especially careful not to provide any personally identifiable information when participating in any area of the Site where postings might become public. Please see our Terms and Conditions for the standards of behaviour that must be followed when using these portions of the Site or Other Services.
9. Data Security
ZAK Film Productions takes reasonable security precautions to secure the Personal Data that you choose to provide against the loss, misuse, alteration or unauthorized access of such information. Unfortunately, no transmission of data over the Internet is guaranteed to be completely secure. It may be possible for third parties not under the control of ZAK Film Productions to intercept or access transmissions or private communications unlawfully. While we strive to protect your Personal Data, we cannot ensure or warrant the security of any Personal Data you transmit to us. Any such transmission is done at your own risk.
10. Exclusions
This Privacy Policy shall not apply to any unsolicited information, communications and/or material you provide to ZAK Film Productions on or through this Site or Other Services. Please see our Terms and Conditions for our policies regarding such unsolicited information. All such unsolicited information shall be deemed to be non-confidential, and ZAK Film Productions shall be free to reproduce, use, disclose and distribute such unsolicited information to others without limitation or attribution.
11. Other Terms and Conditions
Your access to and use of this Site or Other Services is subject to the Terms and Conditions.
12. Applicable Law
We control and operate this Site from Germany. The Site is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of Germany. Please note that we do not represent or warrant that the Site is appropriate for use in any particular jurisdiction. Those who choose to access the Site do so at their own initiative and are responsible for complying with all local laws, rules and regulations.
13. Changes to this Privacy Policy
From time to time, we may revise this Privacy Policy to reflect industry initiatives, changes in the law or technology, or changes in our practices regarding information collection and use. If we make revisions to the way we collect or use Personal Data, we may provide notice of those changes by either: (1) announcing the change on the home page of the Site or (2) taking such other action as we deem appropriate under the circumstances, including without limitation, posting the revised draft of this Privacy Policy on the Site. You can determine when this Privacy Policy was last revised by referring to the copyright date at the bottom of this page. Any changes to this policy will become effective upon posting of the revised Privacy Policy on the Internet, accessible through the Site. By continuing to use the Site following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Privacy Policy, as it may be amended from time to time, in whole or in part, please do not continue using this Site.
14. Contacting ZAK Film Productions Regarding Your Privacy
If you have any questions about this Privacy Policy, Personal Data gathered by this Site or Other Services, or about the operation of this Site or Other Services, or if you wish to unsubscribe from the Site or Other Services, please contact us at the address listed below.
ZAK Film Productions
Hermann-Maaß-Straße 34
Potsdam
14482
Germany
