Terms of Service

dcpmanufaktur.com – Terms of Service

Version: May 15th, 2019

1 | ABOUT THESE TERMS

Our Terms of Service – including Our Privacy Policy – (“Terms”) are a binding legal document between

  • you (“You”, “User” or “Client”), the visitor/user of Our website dcpmanufaktur.com (“Website”) and/or user of Our DCP Mastering Service (“Service” or “Services”) provided through the Website
  • and us (“dcpmanufaktur.com”, “We” or “Us”), owner and rights holder of the Website and provider of the Service.

These Terms of Service define the terms and conditions under which You’re allowed to access Our Website and/or use Our Service. Please read these Terms carefully. If You have any questions about Our Terms, feel free to contact Us at [email protected].

By accessing the Website and/or using Our Service, You’re agreeing to be bound by all the terms and conditions stated in this agreement. If, at any time, You do not or cannot agree to the terms of this agreement, You must stop accessing the Website and/or using the Service.

If You access Our Website and/or use Our Service on behalf of a company or other entity, You represent and warrant that You have the authority to accept these Terms on their behalf.

If We don’t immediately take action on a violation of these Terms, We’re not giving up any rights under the Terms, and We may still take action at some point.

We may revise these Terms from time to time. Each revised version shall be dated and posted on the Website. We recommend that You review the Website from time to time and take note of any changes. After publication, the new Terms apply to any continued or new use of dcpmanufaktur.com.

2 | OUR SERVICES

Dcpmanufaktur.com is a DCP Mastering Service offered through the URL dcpmanufaktur.com. dcpmanufaktur.com is owned and operated by ‘DCP Manufaktur – Sebastian Böhm’. We’re a German company based in Berlin, specialized in Digital Cinema Mastering (dcpmanufaktur.de).

On Our Website We provide access to Our ‘Knowledge Base’. Our Knowledge Base consists of articles explaining topics related to Our Services such as Source Material preparation and DCP usage as well as articles on the topic of digital cinema in general.

Our Services provided at dcpmanufaktur.com allow users to upload source files for the production of Digital Cinema Packages (DCPs). DCPs are handcrafted by Us on the basis of the User’s Source Material (“Source Material” or “Material”) consisting of digital video and audio files (“Assets”).

To make an inquiry regarding DCP production, Users can fill out Our Upload Form and upload their Source Material to Our servers. Our team then analyzes the uploaded content. If We conclude that the User’s source material is ready for DCP production, We send out an email to the User that includes:

  • A detailed job sheet for DCP production
  • A delivery estimate
  • A quote with a payment link

The User can then pre-pay his order via the payment link. DCP production will only start after the User’s payment is confirmed.

Once the User’s DCP is ready for download, Our team will send out an email to the User containing the download link for the finished DCP.

Dcpmanufaktur.com may, without notice to the User, change the Website, the Service, or any features of the Service and make other changes at any time, which will be subject to these Terms. We may also change Our fees at any time by posting a new pricing structure to Our Website and/or sending You a notification by email.

3 | ORDER PROCESS

3.1 Eligibility Requirements

In order to make an inquiry for DCP production You will be required to fill out Our upload form. You agree that all information supplied by You during this process is accurate, current, and complete, and that You have the authority to bind any business or entity in whose name You are acting. Inaccurate or incomplete information may result in cancellation of Orders.

In addition, by filling out Our upload form, You affirm that You are at least eighteen (18) years old and able to enter into contracts. Furthermore, You represent and warrant that You won’t use dcpmanufaktur.com in a way that violates any laws or regulations.

3.2 Source File Preparation

Preparing Your Source Material is key in getting Your film on digital screens in perfect quality. We offer Our Users detailed information on the topic of source file preparation through Our Knowledge Base.

We recommend that Our Users prepare all Source Material uploaded to Our servers in accordance to the specifications detailed in Our Knowledge Base’s section on source file preparation. If Your uploaded Source Material doesn’t meet these specifications, We’ll check back with You via email and (if possible) make suggestions on how to make Your source material fit for DCP production. We cannot and will not guarantee to be able to produce a working DCP based on material that does not meet Our specifications. Any post-delivery claims or complaints regarding Your DCP will only be taken into account if Your Source Material met these specifications in the first place.

For more information on source file preparation please visit Our Knowledge-Base.

3.3 Upload of Source Material

By uploading Your Source Material to Our servers You acknowledge and accept that it is incumbent upon You to

  • prepare Your Source Material according to Our guidelines as stated in Our Knowledge Base
  • ensure that Your Source Material intended for upload is free of technical errors
  • ensure that You upload the correct version (the version of Your video/audio that You actually want to be mastered for digital cinema)

You acknowledge and warrant that You hold all necessary intellectual property and/or usage rights for the content uploaded to Our servers, entitling You to place an Order for the production of Digital Cinema Packages based on the uploaded content.

3.4 Payment

We’re offering Our services on a pre-pay basis only. After successfully checking Your Source Material We’ll send You a quote with a payment link. You can then use this link to pre-pay Your order. We’ll start producing Your DCP as soon as Your payment is confirmed.

3.5 Service Fees and VAT

The charges for Our Services posted on Our Website are starting prices only. As soon as We’ve analyzed Your Source Material We’ll send You a binding quote via email. All prices posted on Our Website are in US Dollars and are excluding tax (VAT).

As a German company We are bound by law to charge 19% German VAT (Value-added-tax) on Our Services for:

  • all Clients from Germany
  • Clients from countries belonging to the EU (European Union) who don’t provide a valid VAT ID for their account

All other Clients are responsible for declaring the proper tax to their respective authorities according to local laws and regulations.

3.6 Producing Your DCP

As soon as Your payment is confirmed, We’ll perform the DCP Mastering Services with all due care and diligence and in consideration of Your requirements specified in the online Order Form together with any conditions set out in Our emails.

If Your payment is withdrawn or cancelled for any reason during production We may suspend performance of Our Services until the payment is made in full.

3.7 Delivery Timelines

Fast delivery of Your DCP(s) is one of Our major objectives. Yet the most important goal in Our work is and always will be quality. We therefore thoroughly test and check each and every asset – with the help of specialized software as well as with Our own trained eyes and ears. Once We successfully checked Your source material We’ll send a quote via email. In this email We’ll also give You a proper estimate as to when You can expect the delivery of Your DCP.

While We will always aim to deliver in the timeframe stated on Our Website, We cannot guarantee the same for each and every individual job.

In case there are any problems (e.g. technical errors of Source) We will contact You directly by email. Since We are dependent on Your feedback in this scenario, You acknowledge and accept that the ‘delivery countdown’ will be set on hold until the issue is resolved.

3.8 DCP Download

Following Our performance of the Services We will send You a unique download link for Your finished DCP via email. All downloads are provided as ZIP packages.

You acknowledge and accept that it is incumbent upon You after downloading Your DCP to

  • ensure that You handle the downloaded product according to Our guidelines as stated in Our Knowledge Base, thereby ensuring an error-free delivery chain from Our download server to any digital cinema server
  • ensure that the DCP meets Your full satisfaction before (mass) distribution

Please be aware that DCPs are meant to be played on certified cinema servers. There are several reasons why DCPs might not play correctly on Your local computer. DCP software players not only depend on Your PC’s hardware performance and monitor calibration but often also have basic limitations. A DCP that doesn’t play back correctly on Your local computer might work perfectly well in a professional digital cinema setting.

3.9 Sharing Your Download link

You’re free to share Your download link at your own discretion and can thereby send Your DCP to any number of recipients. There’s no limitations on number of downloads or bandwidth except the technical limitations of Our servers.

The download URLs are unique and therefore nearly impossible to guess for third parties. However, when sending out your download link, please be aware that whoever receives the download URL can download Your DCP and/or will be able to pass on the download link to others. Make sure to only give out your download link to third parties you trust. We hereby explicitly exclude all losses, damages, costs, expenses or such other liabilities relating to any unauthorized access that is caused by You sending out the download link. You alone are responsible for the implications of sharing Your download URL with third parties.

3.10 Cancellation Rights

By pre-paying Your order You expressly demand and agree that dcpmanufaktur.com commences with the services ordered before the expiry of any (statutory) cancellation period. Your right of cancellation expires prematurely if the ordered services have been executed in full.

3.11 Service Limitations

In the context of Our DCP Mastering Services We explicitly DO NOT offer encryption for Your DCP(s).

4 | SUPPORT AND REFUNDS

4.1 Support Hours and Holidays

If You have any questions regarding Our Services or Your Order, feel free to contact Our Support Team. Our support hours are:

Monday through Friday, 9am to 6pm (Germany, UTC/GMT +1)

Please be aware that We will not be able to react to any support requests outside of this timeframe.

Our offices are closed or run on bare-bones support staff on weekends and during these major national holidays in Germany:

  • New Year (New Year’s Eve, New Year’s Day)
  • Easter (Good Friday, Easter Monday)
  • 1st of May (May Day)
  • Ascension Day / Whit Monday
  • 3rd of October (Day of German Unity)
  • Christmas (Christmas Eve, Christmas Day)

These dates may vary if they fall on weekends. We want to offer the best support available, while also giving Our team much deserved time off to rest and be better for You!

In any case, please provide sufficient time for a support representative to review Your request and respond accordingly.

4.2 Fixes and Post-delivery Support

You should check and test Your downloaded product (DCP) as soon as possible after download, preferably on a professional digital cinema server. If You experience any technical problems or have any other complaint regarding Your product You can contact Our support team via Our contact form or by writing an email to [email protected].

We’ll help You identify the problem and – in case the problem lies with Our mastering services – work fast to provide You with proper solutions.

4.3 Refund Policy

A refund will be considered based on the following reasons:

  • the Client’s Order cannot be completed;
  • the Client’s request to cancel the Order is received before the production is started;

5 | CONTENT

5.1 Ownership and Rights

We respect Your professional artwork as well as other intellectual property shared with Us.

We do not claim any ownership, intellectual property rights or other rights whatsoever outside the scope of what is necessary to master Your Source Material as part of Our Service. We will not use Your Assets and/or related intellectual property for any other use, resell it, or give it to anyone under any circumstance. Your copyrights will remain Yours.

For the sole purpose of producing Your DCP You grant us all usage rights necessary to be able to do so.

5.2 Acceptable Content

dcpmanufaktur.com reserves the right to refuse to work on any project, without the need for providing justification therefore.

Furthermore We explicitly reserve the right to refuse working on Material that:

  • is unlawful, promotes racism, violence or hatred;
  • infringes or misappropriates third party Intellectual Property Rights and/or privacy rights or any other kind of rights;
  • constitutes ‘hate speech’, whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group;

The Client is fully responsible for the provision, exploitation, maintenance and use of all content, provided by him, including, but not limited to, issues related to:

  • correspondence of the Client’s content to provisions of laws about copyright protection of all applicable jurisdictions;
  • any claims, related to the content;

The Client shall indemnify and hold dcpmanufaktur.com and its owner DCP Manufaktur – Sebastian Böhm, its affiliates, subsidiaries and related companies harmless from any losses, claims, obligations or other liabilities related to or arising out of the foregoing.

5.3 Content Security

When We collect and store Your data, We follow generally accepted industry standards to protect Your content, both during transmission and once We receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, whilst We will take all steps We feel appropriate to protect Your Material We cannot guarantee the same. That’s why, for the avoidance of doubt, We hereby exclude all losses, damages, costs, expenses or such other liabilities relating to any loss or unauthorized access of Your material.

6 | ACCEPTABLE USE POLICY

You agree not to misuse Our Website and/or Services. For example, You must not, and must not attempt to, use the Website and/or Services to do the following things:

  • probe, scan, or test the vulnerability of any system or network;
  • breach or otherwise circumvent any security or authentication measures;
  • access, tamper with, or use non-public areas of the Service, shared areas of the Service You have not been invited to, dcpmanufaktur.com’s (or Our service providers’) computer systems;
  • interfere with or disrupt any User, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
  • plant malware or otherwise use the Services to distribute malware;
  • access or search the Services by any means other than Our publicly supported interfaces (for example, “scraping”);
  • send unsolicited communications, promotions or advertisements, or spam;
  • impersonate or misrepresent Your affiliation with any person or entity;
  • attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Service;
  • harm or threaten to harm other users in any way or interfere with, or attempt to interfere with, the access of any User, host or network, including without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Service;
  • provide payment information belonging to a third party;
  • use the Service in an abusive way contrary to its intended use, to its documentation or to dcpmanufaktur.com’s reasonable instructions;
  • infringe third party intellectual property rights when using or accessing the Service.

7 | COPYRIGHT

You acknowledge that the Website, its Services, any underlying technology used in connection therewith, and all software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, and other data (collectively, the “Content”) available within the Site are protected by German copyright laws. Except as expressly authorized by dcpmanufaktur.com, the User may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Content or the Services, in whole or in part. The User may not store any of the Content or the Services owned by or licensed to dcpmanufaktur.com in any form, whether archival files, computer-readable files, or via any other medium. The User also may not “mirror” or reverse engineer any Content or the Services on any other server.

All trademarks reproduced in this Website, which are not the property of, or licensed to the operator, are acknowledged on the Website.

8 | DISCLAIMER FOR EXTERNAL LINKS

External links on Our Website are being provided as a convenience and for informational purposes only; they do not constitute an endorsement or an approval by dcpmanufaktur.com of any of the products, services or opinions of the corporation or organization or individual. DCP factory bears no responsibility for the accuracy, legality or content of the external site or for that of subsequent links. Contact the external site for answers to questions regarding its content.

9 | PRIVACY POLICY

Our collection and use of information provided by You is governed by Our Privacy Policy, which is incorporated into this Agreement by reference. Please review Our Privacy Policy carefully, as it describes what information We collect, and how We use and share that information. By registering with and using dcpmanufaktur.com, You consent to the terms of Our Privacy Policy.

10 | COMPLIANCE WITH LAWS

You represent and warrant that Your use of dcpmanufaktur.com will comply with all applicable laws and regulations. Dcpmanufaktur.com controls and operates the Site from its headquarters in Germany and makes no representation that the Content is appropriate or available for use in other locations.

If You use Our Services, You’re responsible for determining whether Our Services are suitable for You to use in light of any local regulations or laws, including, but not limited to, export and import regulations of other countries. If You’re subject to regulations and You use Our Service, then We won’t be liable if Our Service doesn’t meet those requirements.

11 | WARRANTY AND LIABILITY

11.1 Limitation of Liability / Disclaimer of Warranties

We strive to provide great Services, but there are certain things that We can’t guarantee.

The User agrees that, except as otherwise might be explicitly provided herein, access to the site, and use of the Services is at the User’s own risk. Neither dcpmanufaktur.com nor its officers, directors, employees, affiliates, or agents warrant that the Services may be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy, reliability, suitability, or content of the Services. All other Services are provided on an “as is,” “as available” basis without representations or warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose or audience, and non-infringement. In no event will dcpmanufaktur.com or its directors, officers, employees, affiliates, or agents be liable to the User or any third party for any incidental, indirect, special, or consequential damages (even if dcpmanufaktur.com has been advised of the possibility of such damages), arising out of the User’s use of or inability to access the site, or to use any other Services, including, without limitation, loss of revenue or anticipated profits, loss of goodwill, lost business, lost data, computer failure or malfunction, or any and all other damages or losses that result from mistakes, omissions, interruptions, deletions of files, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not limited to acts of god, communications failure, theft, destruction, or unauthorized access to dcpmanufaktur.com’s records, programs, or Services.

Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states dcpmanufaktur.com’s liability is limited to the greatest extent permitted by law, not to exceed the amount paid for the Services.

Nothing in these Terms shall affect the statutory rights of any User or exclude or restrict any liability for death or personal injury arising from the negligence or fraud on the part of dcpmanufaktur.com.

While We work hard to keep the information provided through Our Knowledge Base accurate and up to date We explicitly disclaim any warranties relating to the information provided through Our Knowledge Base.

11.2 Indemnity

The User agrees to indemnify and hold DCP factory and its affiliates, officers, agents, partners, and employees, harmless from any claims or demands, including reasonable attorneys’ fees, made by any third party due to or arising out of information submitted by, posted to, emailed, or otherwise transmitted by the User through the Services, Your use of the Services, Your connection to the Services, or Your breach of the Terms.

12 | GENERAL MATTERS

12.1 Assignments

You shall not assign or otherwise transfer this Agreement or any of its rights or obligations hereunder to any third party without the prior written consent of dcpmanufaktur.com, which consent is within dcpmanufaktur.com’s sole discretion. No assignment or delegation by You shall relieve or release You from any of its obligations under this Agreement. Subject to the foregoing, this Agreement shall be binding upon, inure to the benefit of, and be enforceable by each of the Parties and their respective successors and assigns. Dcpmanufaktur.com shall be allowed to assign this Agreement to any third party without requiring Your consent.

12.2 Controlling Law and Jurisdiction

These rights and obligations arising out of or in connection to these Terms shall be construed, governed, interpreted and enforced according to the laws of Germany. The exclusive jurisdiction and venue of any action with respect to any subject matter relating to these Terms will be the courts located in Berlin, Germany, unless stipulated otherwise by mandatory German or international laws. You waive any objection to jurisdiction and venue in the courts of Germany.

12.3 Force Majeure

We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond Our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

12.4 Severability

If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.

12.5 Further Actions

You’ll provide all documents and take any actions necessary to meet Your obligations under these Terms.s

12.6 Notices

Any notice to You will be effective when We send it to the last email or physical address You gave Us or posted on Our Website. Any notice to Us will be effective when delivered to Us at the following address or any addresses as We may later post on the Website:

DCP Manufaktur – Sebastian Böhm
Sorauer Str. 30
10997 Berlin
Germany

Email: [email protected]

dcpmanufaktur.de

VAT-ID: DE304505639