Terms of use

WHO ARE WE AND HOW TO CONTACT US:

PIECEOFMAGIC.COM is a site operated by PIECE OF MAGIC ENTERTAINMENT BV (“POM”).


POM is a limited company incorporated in England and Wales, under Company Registration Number KvK 69096147 and with its Registered Office located at Withuisveld 20, 6225 NV Maastricht, The Netherlands, and it’s main trading address at Singel 120, 1015 AE Amsterdam, The Netherlands.

If you wish to contact POM, please see the Contact Us section of the website.

BY USING THIS WEBSITE, YOU ACCEPT THESE TERMS:

By using this website and/or any other content specific website containing a direct hyperlink to these terms, you confirm that you accept these terms of use, and that you agree to comply with them.

If you do not agree to these terms, you must not use such website.

POM recommends that you print a copy of these terms for future reference.

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU:

These terms of use refer to the following additional terms which also apply to your use of this website:

• Privacy and Cookies Policy, which sets out information about the use of cookies on this website, and the terms on which POM processes any personal data POM may collect from you, or that you provide to POM. By using this website, you consent to such processing and you warrant that all data provided by you is accurate.

If you are a Cinema intending to screen content to consumers where such content is owned or controlled by POM (“Content”), POM’s Direct Booking Standard Terms and Conditions will apply to any such exhibition. If you are a sub-distribution partner, the terms of your sub-distribution agreement will apply to any activities authorised thereunder.

POM MAY MAKE CHANGES TO THESE TERMS:

POM amends these terms from time to time. Every time that you use this website, please check these terms to ensure that you understand the terms that apply at that time.

POM MAY MAKE CHANGES TO THIS WEBSITE:

POM may update and change this website from time to time to reflect changes to its content, user’s needs and/or its business practices.

POM MAY SUSPEND OR WITHDRAW THIS WEBSITE:

This website is made available free of charge.

POM does not guarantee that this site, or any content on it, will always be available or uninterrupted. POM may suspend, withdraw or restrict the availability of all or any part of this website for business and operation reasons. Where necessary, POM will try to give you reasonable notice of any suspension or withdrawal.

YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE:

If you choose, or are provided with a user identification, password or any other piece of information as party of POM’s security procedures, you must treat such information as confidential. You must not disclose it to any third party.

POM has the right to disable any user identification or password allocated by POM, at any time, if in POM’s reasonable opinion you have failed to comply with any provision of these terms of use.

If you know or suspect that anyone other than you knows your user identification or password, you must promptly notify POM at marketing@pieceofmagic.com.

HOW YOU MAY USE MATERIAL ON THIS WEBSITE:

POM is the owner or licensee of all intellectual property rights contained within on this website, and in the material published on it. Those works are protected by copyright laws and treaties all around the world. All such rights are reserved to POM and/or the relevant works owner.

You may print off one (1) copy, and may download extracts, of any page(s) from this website for your own personal use and you may draw the attention of others within your organisation to content posted on this website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

POM’s status (and that of any identified or identifiable contributors) as the author of the content on this website must always be acknowledged.

You must not use any content (in whole or in part) which is published on this website, for commercial purposes without first obtaining consent and/or a written license from POM or its licensors.

If you print off, copy or download any part of this website in breach of these terms, your right to use this website will cease immediately and you must, at POM’s option, return or destroy any copies of the materials which you have made.

DO NOT RELY ON INFORMATION ON THIS WEBSITE:

The content provided on this website is provided for general information only. It is not intended to amount to any advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on this website.

Although POM makes reasonable efforts to update the information on this website, POM makes no representations, warranties or guarantees, whether express or implied, that the content on this website is accurate, complete, or up to date.

POM IS NOT RESPONSIBLE FOR ANY WEBSITES IT LINKS TO:

Where this website contains links to any other website and/or resources provided by third-parties, these links are provided for your information only. Such links should not be interpreted as approval by POM, its licensors or affiliates, of those linked websites or information you may obtain from them.

POM’S RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU:

Whether you are a consumer, or a business user:

• POM does not exclude or limit in any way its liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by POM’s negligence or the negligence of its employees, affiliates, agents or sub-contractors, and for fraud or fraudulent misrepresentation.
• Different limitations and exclusions of liability will apply to liability arsing as a result of the supply by POM of any Content to cinemas and/or distribution
partners, which will be set out in the Direct Booking Standard Terms and Conditions or the relevant distribution agreement executed between the parties (as applicable).

If you are a business user:

• POM excludes all implied conditions, warranties, representations or other terms which may apply to this website and any content published on it;
• POM will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising in connection with:
o use of, or inability to use, this website;
o use of or reliance on, any content displayed on this website;
• In particular, POM will not be liable for:
o loss of profits, sales, business or revenue;
o business interruption;
o loss of anticipated savings;
o loss of business opportunity, goodwill or reputation; or
o any indirect or consequential loss or damage.

If you are a consumer user:

Please note that POM provides this site only for domestic and private use. You agree not to use this website for commercial or business purposes, and POM has no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.


POM IS NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM:

POM does not guarantee that this website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access this website. You should use your own anti-virus software.

You must not misuse this website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to this website, the server on which this website is stored, or any server, computer or database connected to this website. You must not attach our site via a denial-of-service attack. By breaching this provision, you would commit a criminal offence. POM will report any such breach to the relevant law enforcement authorities and shall co-operate with such authorities by disclosing your identity to them. In the event of such breach, your right to use this website will cease immediately.

RULES ABOUT LINKING TO THIS WEBSITE:

You may link to POM’s home-page, provided that you do so in a way that is fair and legal and does not damage or take advantage of the reputation of POM, its affiliates and/or licensors.

You must not establish a link to this website in such a way to suggest any form of association, approval or endorsement on the part of POM where none exists.

You must not establish a link to this website on any site which is not owned by you.

WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES:

If you are a consumer, please note that these terms of use, their subject matter and their formation are governed by the laws of The Netherlands. Both you and POM agree that the courts of The Netherlands will have exclusive jurisdiction.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by The Netherlands, and both you and POM agree to the exclusive jurisdiction of the courts of The Netherlands.

CHANGES TO THIS POLICY:

POM reserves the right to make changes to these Terms of Use from time to time and as may be necessary to new technologies, industry practices, regulatory requirements or other purposes.