1.1 This site and services are owned, managed and published by Whydan Movie AB, company registration number 556720-6999, Lästmakargatan 18-20, 111 44 Stockholm, Sweden, (hereinafter referred to as “Mookie”). PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY ENTERING THE SITE AND/OR BECOMING A MEMBER OF MOOKIE SERVICES YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS AS SET OUT BELOW.
1.2 MOOKIE RESERVES THE RIGHT TO CHANGE OR MODIFY THESE TERMS OF USE AT ANY TIME. DATE OF LAST REVISION OF THE TERMS OF USE WILL BE NOTED ON THIS PAGE. IT IS THE USER’S SOLE RESPONSIBILITY TO KEEP UPDATED OF ANY CHANGE OF TERMS OF USE.
2.1 Mookie, www.mookie.com (the ”Site”) is a community based service that provides skilled film makers with a unique and reward able opportunity to store their film material, exchange ideas with other members, entering into contests and gaining access to companies that would be interested in acquiring their contributions (collectively the “Mookie Site and Services”)
3.1.1 By register a Mookie User Account you consent to Mookie processing any personal data that you submit to Mookie for the following purposes:
a) Administrating the Mookie Site and Services,
b) Marketing purposes.
c) Transfer to third parties and third countries.
3.1.2 You have the following rights in respect of the personal data gathered, retained and processed by Mookie:
a) The right to apply for information regarding the gathered personal data, the processing of this data and also information regarding the receivers of this personal data.
b) The right to get incorrect personal data corrected.
3.1.3 In order to make a request in accordance with above please e-mail Mookie at info@mookie.com.
3.2.1 Security is paramount to Mookie in respect of your data. We use a variety of software to ensure appropriate security and encryption.
4.1 Mookie will use its reasonable endeavours to ensure that the Mookie Site and Services is/are available at all times and that the Mookie supplied content on the site is true, accurate and error free. Mookie does not provide any warranties unless specifically stated.
5.1 You are responsible for any and all communication or material you upload, post, email or otherwise transmit or make available on the Site (“Submitted material”).
5.2 You warrant that all content submitted or posted by you to the Site and your use of the Mookie Site and Services do not violate the rights of any third party. Accordingly Submitted material is subject to article 7.2.
5.3 You agree to abide by all applicable national and international laws and regulations and are solely responsible for all acts or omissions that occur through your use of the services, including all activities that take place under your Mookie User account.
5.4 You will obtain a password for your Mookie User Account. You are solely responsible for keeping your password secret and are also responsible for any unauthorized use of your User Account. If you loose your password or suspect that an unauthorized person has gained access to your Mookie User Account, please contact Mookie immediately.
5.5 You are solely responsible, at your own cost, for creating backup copies and replacing any User content you post or store on the Site or provide to Mookie.
5.6 You may not post, upload or transmit the Mookie Site and Services or to the Mookie servers, any communication, text, videos, graphics or other information that
a) is unlawful, obscene, fraudlent, defames, abuses, harasses or threatens others, is hateful, racially, ethnically or otherwise objectionable;
b) contains viruses, trojan horses, worms, time bombs or any other harmful or deleterious programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or that may damage detrimentally interfere with or expropriate any system, data or personal information;
c) advocates or encourages any illegal activity;
d) infringes on copyright, trademark, patent, trade secret, or other intellectual property right; or
e) attempts to gain unauthorised access to the Mookie Site and Services, other User accounts, computer systems or networks connected to the the Mookie Site and Services, through password mining or other means; or to interfere with another user’s privacy or use and enjoyment of the the Mookie Site and Services or another entity’s use and enjoyment of the Mookie Site and Services.
5.7 You may notify Mookie of any content of the Site that may be in breach of article 5.6, by sending an email to info@mookie.com.
5.8 By submitting videos, pictures or other messages the User hereby grants to Mookie (and its successors) a royalty-free, perpetual, non-exclusive, unrestricted, world-wide license to use the Submitted material or information in connection with the Site and Mookie's business, including but not limited to sublicense, transmit, publish, publicly display, publicly perform, reproduce, edit; and promoting and redistributing part or all of the Submitted material (and derivative works thereof) in any media formats and through any media channels.
5.9 The license under article 5.8 granted by you terminates once you remove or delete Submitted material from the Mookie Website.
All material on the site, such as text, graphics, logos, button icons, images, audio clips, and software, are owned by Mookie or third party, and are protected by copyright and trademark laws. You may not copy, modify, reproduce, republish, post, transmit or distribute in any way any material from the Site including the underlying code and software, save as authorised by this agreement.
Any Submitted Material, although owned by you, is subject to a non-exclusive licence in accordance with article 5.8.
7.1 Mookie reserves the exclusive right to modify, withdraw, suspend, temporarily or permanently, at any time and from time to time any material, information or content available on the Site and any functionality or features in or on the Site, including the cessation of all activities associated with the Site, with or without notice. Mookie shall not be liable for any modification, suspension or discontinuance of the Site.
7.2 Mookie shall have the right to monitor any Submitted material. Mookie may at any time, in its sole discretion, terminate your use of the Site or edit, delete or remove any Submitted material for any reason, including, without limitation, if Mookie believes that you (i) are in breach of the Terms of Use or otherwise acted inappropriately; (ii) infringed the intellectual property right of a third party; or (iii) uploaded or transmitted any unauthorized Submitted material. Any termination of your access to the Site may be effected without prior notice.
7.3 In relation to any service provided on this Site, Mookie may terminate a User Account for inactivity, being a failure to log in to the service 90 days or later after registration and, subsequently, a failure to use the account for 180 days since your last log-on. In addition, Mookie may delete content in user account after 180 days. Mookie shall have no obligation to maintain any content in your account or to forward to you or any third party.
8.1 Any job assignment, contest, challenge or similar promotion made available through the Site may be subject to additional terms and conditions. It is the User’s responsibility to review and accept such terms and conditions prior entering into a job assignment, contest or similar activity.
9.1 No company, employment relationship or similar relationship exists between Mookie and the User as a result of these Term of Use or use of the Site.
10.1 Use of the Mookie Site and Services and the facilities thereon, and any material or information obtained from this site is at your own risk, and Mookie hereby expressly disclaims, to the fullest extent permitted by applicable law, all warranties, express or implied, of any kind whatsoever including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and infringement. In addition, Mookie shall not be responsible or liable for any direct, indirect or consequential damage, including but not limited to the failure of performance of the Site and/or the software used thereon or obtained therefrom; the loss of data or services resulting from delays, non-deliveries, mis-deliveries, or service interruption; the accuracy, quality or nature of information obtained through the Mookie Site and Services; nor the consequences arising from or related to any viruses transmitted through Mookie’s servers, or any liability, costs, loss of profits or consequential losses arising from your use of, or inability to access the Site.
10.2 In relation to User Content Mookie shall not be responsible for any such content posted by Users. All such content whether expressed as opinions, statements or recommendations, are those of Users expressing such views and are not those of Mookie.
10.3 The Site may be linked to or from other sites that are not maintained by Mookie. Mookie does not control in any respect any information, products or services offered by such other sites and shall NOT be responsible for the content of such other sites. For example, users may enter into correspondence with or participate in promotions of advertisers on the Site. Mookie endorses in no way these third parties and any such transactions, dealings, correspondence with or participation in promotions of, third parties, including the delivery of and the payment for goods and services and any other terms, conditions, warranties or representations associated with such matters are solely between the corresponding user and the third party. Mookie assumes no liability, obligation or responsibility for any part of any such transaction, dealing, correspondence or participation.
11.1 YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS MOOKIE IN RESPECT OF ANY CLAIM, LIABILITY OR ANY COST (INCLUDING WITHOUT LIMITATION TO LOST OF PROFITS, LOSS OF DATA OR INFRINGEMENT OF INTELLECTUAL PROPERTY) OR CONSEQUENTIAL LOSS ARISING FROM A BREACH BY YOU OF ANY OF THE TERMS OF THIS AGREEMENT, YOUR USE AND ACCESS TO THE SITE, YOUR VIOLATION OF ANY THIRD PARTY RIGHT; OR CLAIM THAT YOUR SUBMITTED MATERIAL HAS CAUSED DAMAGE TO ANY THIRD PARTY.
11.2 This article will survive these Terms of Use and your use of the Site.
12.1 These Terms of Use may not without Mookies written consent be transferred or assigned by you.
13.1 These Terms of Use shall be governed by and construed in accordance with the laws of Sweden, without regard to any principles of conflicts of law. The parties submit to the exclusive jurisdiction of the Swedish Courts.
13.2 If any provision(s) of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
13.3 Mookie’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Mookie in writing.
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