General terms and conditions of DRagon Studios Ltd, Registered in Ireland 2019.

Article 1. Terms In these general terms and conditions, the following definitions will apply: DRagonFLIX, (Limited Company) DRagon Studios Ltd, regardless of whether trade name DRagonFLIX. or another trade name is used. Client: one or several third parties with which DRagonFLIX Channel enters into/has entered into one or several (partial) agreements and on behalf of whom DRagonFLIX.

General Terms and Conditions: the current General Terms and Conditions which apply to all legal actions taken by DRagonFLIX Channel or whichever action taken by DRagonFLIX Channel results in a commitment with (a) third party/parties.

Service: every work activity consisting of one or several aspects, regardless of whichever (im)material nature, which DRagonFLIX Channel performs on behalf of (a) Client(s) and/or every delivery of one or more goods/services.

Bid: DRagonFLIX Channel’s offering to the Client in which offering in any case (summarily) the required Services and the price are provided.

Agreement:
The Agreement between DRagonFLIX Channel and the client, from which the Service DRagonFLIX Channel will perform arises. Content: audio-visual and textual material which is placed and/or referred to in the context of the Service by either DRagon Studios Ltd/DRagonFLIX Channel, third parties, consumers or the Client.

Article 2. General/applicability terms and conditions

2.1. The General Terms and Conditions apply to all legal actions taken by DRagonFLIX Channel and/or whichever action taken by DRagonFLIX Channel results in a commitment with (a) third party/parties.
2.2. General Terms and Conditions of a Client are expressly rejected.
2.3. DRagonFLIX Channel does not accept any general (written) references to general terms and conditions of a Client.
2.4. In the event that one or several of the provisions are declared null or void, the remaining provisions in these General Terms and Conditions will remain in force regardless.
2.5. DRagonFLIX Channel retains the right to change the General Terms and Conditions at any time. Changes also apply to agreements already in force.
2.6. The Client is notified of changes in the General Terms and Conditions and the effective date of the changed General Terms and Conditions by email. The Client can announce not to agree with the changed General Terms and Conditions and retains the right to terminate the Agreement as of the effective date of the changed General Terms and Conditions.

Article 3. Realisation of the agreement

3.1. Bids are made in writing (and/or by email) and are completely non-binding.
3.2. An agreement is entered into when DRagonFLIX Channel receives the Bid, signed by the Client and returned by mail, fax or email.
3.3. In the absence of a signed bid, an Agreement between the Client and DRagonFLIX Channel is entered into when DRagonFLIX Channel commences to perform the Service on behalf of the Client.
3.4. In the event that, for whichever reason in the absence of a Bid signed by the Client, DRagonFLIX Channel commences to perform the Service, the Client is expected to have agreed to the Bid.
3.5. All bids made by DRagonFLIX Channel are non-binding. DRagonFLIX Channel retains the right to revoke already made bids. The bid is at all times based on the information provided by the client
3.6. Errors or mistakes in offerings on the website/Channel, Bids and other publications by DRagonFLIX Channel are non-binding.

Article 4. Performance of the agreement

4.1. DRagonFLIX Channel performs the work activities regarding the Service carefully and taking into consideration the standards which apply to DRagonFLIX Channel’s discipline.
4.2. If and insofar that the Client allows any changes to the Service, after parties have agreed on the (method of) execution of the Agreement, such changes shall be considered additional work. In that event, DRagonFLIX Channel is legally entitled to charge the customary price for such additional work, in addition to the price agreed upon for the Service. In the event that changes result in less work, the agreed upon price will remain in force.
4.3. For the execution of the service, DRagonFLIX Channel is (partially) dependent on the data and information provided by the Client. DRagonFLIX Channel cannot perform the Service in the event that the provision of data and information does not and/or not timely take place. DRagonFLIX Channel does not commit any breach towards the Client in the event that data and/or information which is provided by the Client too late and/or incorrectly results in shortcomings in the performance of the Service. In the event that, after the Client has been explicitly notified by DRagonFLIX Channel that it has committed a shortcoming, whereby a reasonable period for delivery and/or notification is provided, the Client fails to fulfil his/her obligation to provide the required information, DRagonFLIX Channel is legally entitled to terminate the agreement and the Client will be obligated to pay the damages suffered by DRagonFLIX Channel as a result.
4.4. DRagonFLIX Channel is entitled to engage the services of (a) third party/parties in order to perform the Service, without requiring the permission of the Client.
4.5. In the event that the execution of a Service needs to be changed, due to a circumstance for which DRagonFLIX Channel cannot be held accountable, then such a change will occur after due consultation between the Client and DRagonFLIX Channel. The Client is not entitled to terminate the agreement under these circumstances.
4.6. The Client is aware that dissatisfaction with aesthetical aspects of the Service will never result in attributable shortcomings on the part of DRagonFLIX Channel.
4.7. In any event parties will strive to maintain strict confidentiality regarding any knowledge they acquire as a result of the execution of the Service. All documents, samples, (business) models, items, films, content, concepts or data storage devices, whether in writing, digital and/or electronic, will remain in possession of the party providing these for the execution of the Service.

Article 5. Applications / use by the Client

5.1. Only the Client receives the agreed upon exclusive right to make use of the Service provided by DRagonFLIX Channel and is not entitled to extend this right of use to one or several third parties, without the express written permission of DRagonFLIX Channel. A Client is required to request a transfer or exploitation of the Service by third parties no later than 14 days before the intended transfer or exploitation.

5.2 The Client does not have the right: to use and/or apply the Service in violation with the law; to perform, cause, promote, teach, extend and/or publish unlawful or morally reprehensible activities and/or views in any possible way, for whatever purpose; to use the Service in any way, in order to possess or publish explicitly sexually-oriented material of whichever nature; to use the Service in any way and/or to use any other material in combination with the service, in such a way that one or several goods used by DRagonFLIX Channel are damaged, regardless of whether these goods are in possession of and/or used by DRagonFLIX Channel or third parties.

5.3. The Client himself/herself is responsible for the processing, placement and management of Content submitted by consumers. The terms and conditions of the Client apply to the processing, placement and management of this content, provided that these are in accordance with the General Terms and Conditions of DRagonFLIX Channel.

5.4. DRagonFLIX Channel is not responsible for damages suffered by the placement of Content, produced either by consumers or third parties.

Article 6. Suspension

6.1. DRagonFLIX Channel is entitled to immediately cease performing the Service, in the event that the Client is in default.

Article 7. Termination of the agreement

7.1. The Agreement between the Client and DRagonFLIX Channel ends when both parties have fulfilled all the conditions of the Agreement and/or as referred to in these General Terms and Conditions.

Article 8. Liability

8.1. DRagonFLIX Channel cannot be held accountable for damages suffered by the Client and/or third parties and/or suffered as a result of the performance of the Service, save for wilful acts and gross recklessness.
8.2. In the event of wilful act and/or gross recklessness of representatives and/or subordinates of DRagonFLIX Channel, the liability of DRagonFLIX Channel for damages suffered by the Client is excluded.

8.3. DRagonFLIX Channel is not liable for the placement of and reference to Content of third parties placed by the Client. The Content at all times remains in possession of the legal owner and will not become possession of the Client or DRagonFLIX Channel by placement of the reference, provided that the Client is the owner of the Content.
8.4. DRagonFLIX Channel is not liable for the placement of or reference to Content which violates the terms of use, license terms or other conditions of the owner of this Content or the service which this Content hosts and/or serves.

Article 9. Dispute settlement / choice of forum

9.1. Anything relating to the performance of the Service or to any commitment between DRagonFLIX Channel and the Client is governed exclusively by Irish Law.

Article 10. Policy regarding personal data

10.1. DRagonFLIX Channel is legally entitled to collect personal information from the use of the Service by the Client and consumers.
10.2. Whether by means of its own technology or by means of that of third parties, DRagonFLIX Channel can collect data regarding users of the Service and the Client.
10.3. DRagonFLIX Channel is entitled to use collected personal information for the purposes of improving the Service for the Client and consumers.

Article 11. Software
11.1. The Client is provided with a non-transferable right of use regarding the Software, for the duration of the agreement. The Client agrees to the license conditions of the Software provided.
11.2. DRagonFLIX Channel is not responsible for the use of the Software by the Client that violates the law and the general terms and conditions of third parties.

Appendix I Conditions regarding hosting and streaming
1. This part of the General Terms and Conditions contains provisions which exclusively apply to internet services, such as streaming, (web) hosting, email and/or domain registration
2. The Client is not allowed to: 2.1. use the Service in any way and/or to use any other material in combination with the service, in such a way that one or several servers used by DRagonFLIX Channel are damaged, regardless of whether these servers are in possession of and/or used by DRagonFLIX Channel or third parties to be engaged by DRagonFLIX Channel.
3. The Agreement for hosting and streaming is entered into for the period of three (3) years, unless parties agree otherwise in writing.
4. DRagonFLIX Channel carefully ensures the availability of the Service, in which it makes every effort to offer optimum availability. DRagonFLIX Channel cannot guarantee that connections, such as cables and/or other connections with hosting parties and/or streaming services at Microsoft Web Services or other parties are always available. The general terms and conditions of Microsoft Web Services apply to Microsoft Web Services (https://www.microsoft.com/en/servicesagreement/).
5. DRagonFLIX Channel carefully maintains the availability of various operating systems (such as Smart TV) and platforms (such as Apple iOS). DRagonFLIX Channel cannot exclude interruption on various platforms due to updates or errors in these platforms or operating systems.
6. DRagonFLIX Channel is not liable for damages suffered by the Client due to unavailability of the Service due to shortcomings in connections in services and used services by third party which offer the Service availability.
7. DRagonFLIX Channel’s General Terms and Conditions apply undiminished, also on the hosting of website/Channel and/or internet services as referred to in this appendix, as far as they do not conflict with the provisions in this appendix.

Questions

Questions and comments regarding the privacy policy can be directed to DRagonFLIX at dflix2020@gmail.com