Terms of Service

Important Notice. Please read the following terms and conditions carefully before using this website. If you do not agree with these terms and conditions, you should not use this website or any of the services available through it.

Description

The following terms and conditions govern all use of the FDDB website and all content, services and products available at or through the website located at www.fddb.org, our social media networking webpages (e.g. Facebook and Twitter) and any other websites owned, operated or controlled by us. (together the “Website”).

FDDB provides an online community for fulldome workers and fans where users can get information about fulldome shows, events, planetariums, venue locations and news. Our aim is to create an exciting and friendly community for people who are passionate about the fulldome world. The contents of the Website are for information only. They should not be regarded as complete or up-to-date. The Website is owned and operated by Studio Tiveron, whose registered office is at Via Sicco Polenton 5, 35124 Padova, Italy ("FDDB.org - Fulldome Database", "FDDB", "we" or "us"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. The Website is available only to individuals who are at least 16 years old.

Your right to use the Website and responsibility of contributors

You are granted a limited, non-exclusive, revocable license to make personal non-commercial use of the Website. Save as expressly provided in these terms and conditions or permitted in our Additional Terms, you may not copy, reproduce, sub-license, republish, distribute, transmit, publicly perform, display or make available, alter, adapt, interfere with, create derivative works from, counterfeit or paste to any other website or webpage, by any means or in any manner, any content, information, material, software or any other items and services provided or made available on or through the Website, or do anything else with such content. You acknowledge that modification of any content, information, material, software or any other items or use of any of the same for any purpose not expressly permitted by this Agreement may breach our and others’ copyright and other proprietary rights. If you comment on the Website, post material to the Website, post links on the Website, send information and/or material to the Website and/or FDDB by email or any other way (e.g. mail, fax, etc), or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, a video file, or computer software. By providing or making Content available, you represent and warrant that:

  • The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • The Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
  • Your account and activities are not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, and similar unsolicited promotional methods;
  • Your account and activities are not named or done in a manner that misleads your readers into thinking that you are another person or company. For example, your name is not the name of a person other than yourself or company other than your own;
  • You have, in the case of Content that includes computer code or software, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by FDDB or otherwise.

FDDB does not claim ownership rights in third-party fulldome shows (e.g.: videos, trailers, screenshots, graphics, texts, etc), event and news details (videos, photos, graphics, and text). By submitting, posting, emailing, uploading or otherwise transmitting any Content or information to FDDB, you grant us a worldwide, royalty-free, non-exclusive, sub-licensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast and otherwise exploit such information in any form, medium or technology now known or later developed, including without limitation on the Website and third party websites. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to grant the foregoing licenses to us. FDDB will own all right, title and interest in and to all derivative works and compilations of information and material that are created by FDDB, including all worldwide intellectual property rights therein. Without limiting any of those representations or warranties, FDDB has the right (though not the obligation) to, in FDDB’s sole discretion (i) refuse or remove any content that, in FDDB’s reasonable opinion, violates any FDDB policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in FDDB’s sole discretion. FDDB will have no obligation to provide any refunds of any amounts previously paid.

Responsibility of Website Visitors

Although we do our best to provide accurate information, FDDB has no ability to control the information that is uploaded, posted, emailed or otherwise transmitted using the Website and does not have any obligation to monitor such information for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the information or anything said, depicted or written by users, including without limitation any information obtained by using the Website. By operating the Website, FDDB does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. FDDB disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Copyright Infringement

As FDDB asks others to respect its intellectual property rights, it respects the intellectual property rights of others. The Website contains original material and third party material from various source. You acknowledge and agree that FDDB cannot control, is not responsible for and do not purport to endorse any third-party materials in any way. All third party materials are mentioned or made accessible or available to you in good faith but FDDB does not accept any responsibility for the accuracy, reliability, timeliness, or otherwise of such third party materials or for their use, download and/or accessed by you. The copyright for any third part material (e.g. trailers, videos) remains with the original author and/or producer and full credits will be given. If you believe that material located on or linked to by FDDB violates your copyright, you must contact us. FDDB will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. FDDB will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of FDDB or others.

Intellectual Property

This Agreement does not transfer from FDDB to you any FDDB or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with FDDB. FDDB logo, videos, texts, graphics and photos used in connection with FDDB, or the Website are trademarks of FDDB. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any FDDB or third-party trademarks, whether registered or not.

Linked websites

The Website may provide links to third party websites or resources. You acknowledge and agree that FDDB does not endorse and is not responsible for the contents or privacy practices of any third party websites which are mentioned or linked to on the Website. FDDB is not liable for the availability or accuracy of the information available from such websites or resources. FDDB shall not be responsible or liable for any loss or damages caused by use of or reliance on any content, goods and/or services available on such websites, on our Website.

Changes

FDDB reserves the right, at its sole discretion, at any time, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. FDDB may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Advertisements

FDDB reserves the right to display advertisements on the Website.

From the second edition of FDDB back in 2013, our services have been funded in part by advertising. Unlike many other organisations, we haven’t put up a paywall. Instead, our services are free to all users and are supported supported by advertising revenue.

Our work is not influenced by the advertising we display and FDDB is free to, and often does, challenge the activities of companies and organisations that advertise and sponsor content that appears in FDDB.

Termination

FDDB may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your FDDB account (if you have one), you may simply discontinue using the Website. FDDB can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties. The Website is provided “as is”. FDDB and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither FDDB nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk. No advice or information, whether oral or written, obtained by you from FDDB, will create any warranty not expressly stated in the Agreement.

Limitation of Liability

In no event will FDDB, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed any fees paid by you to FDDB under this agreement during the twelve (12) month period prior to the cause of action. FDDB shall have no liability for any failure or delay due to matters beyond their reasonable control.

General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the FDDB Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Italy or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless FDDB, its contractors, and its licensors, and their respective owners, directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between FDDB and You concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of FDDB, or by the posting by FDDB of a revised version. In the event that any provision of the Terms of Service is held to be illegal, invalid or unenforceable, such provision will be severed and the remainder of these terms and conditions shall continue in full force and effect. If you breach the Agreement and we take no action against you, we will still be entitled to enforce our rights against you in relation to that breach and to use our rights and remedies in any other situation where you breach the Agreement. English is the only language offered for the conclusion of these terms and conditions of use. These terms and conditions are governed by and are to be construed in accordance with Italian law. I no event will FDDB and/or its Owner, Director and Staff, be liable to you for any damages whatsoever, including without limitation, indirect, incidental, special, punitive, or consequential damages arising out of or in connection with your use of the Website, whether the damages are foreseeable and whether or not FDDB has been advised of the possibility of such damages. The foregoing limitation of liability will apply to the fullest extent permitted by law in the applicable jurisdiction and in no event will FDDB cumulative liability to you exceed € 30. You agree that the court of Padova, Italy, shall have exclusive jurisdiction to settle any dispute which may arise out of or in connection with the Agreement, any other Additional Terms and the Privacy Policy or any other law. This shall not prevent us from carrying out any interlocutory relief in the courts of any other jurisdiction.

--
This Terms of Service was last updated on May 25th, 2018.