Terms of Use

1.1 These Terms of Use apply to the use of the filmfriend streaming service (the “Service”) through its websites and apps, including where the Provider offers it under the myfilmfriend brand in certain countries. The Service is provided by filmwerte GmbH, Dianastraße 44, 14482 Potsdam, Germany (the “Provider”). Further information about the Provider is available in the legal notice (Impressum).

1.2 The Provider makes the Service available to libraries, universities, schools and other institutions (each an “Institution”). It may be used by the persons to whom their Institution grants access (“Users”).

1.3 These Terms of Use apply as soon as a User signs in to the Service. No other terms apply.

2.1 Users sign in with the credentials of their Institution, for example with their library card number and password or through the Institution’s single sign-on. The Institution decides whether a User is entitled to access and also manages the credentials.

2.2 Use of the Service is free of charge for Users. The Institution may charge its general user fees, for example for the library card.

2.3 The Content is available in the country for which the Institution provides the Service. Users residing in a Member State of the European Union may use the Service while temporarily present in another Member State in accordance with Regulation (EU) 2017/1128.

2.4 Access ends when the User’s entitlement with the Institution ends or the Institution no longer offers the Service. Users may stop using the Service at any time.

2.5 The Institution answers questions about signing in and access. For technical problems, the Provider can be reached at support@filmfriend.de.

3.1 The Service includes feature films, documentaries, series and other content (the “Content”). The catalog changes continuously as licenses expire and new titles are added. There is no claim to any particular title.

3.2 The Provider strives for high availability of the Service but cannot guarantee uninterrupted access, for example during maintenance or in the event of disruptions.

3.3 For playback, Users need a supported device with a current browser or one of the Service’s apps and an internet connection; at least 5 Mbit/s for SD and 10 Mbit/s for HD quality is recommended. The Provider lists the supported devices on the Service’s website. Any charges of the User’s internet provider are borne by the User.

3.4 Picture quality also depends on the source material supplied to the Provider by the rights holders, especially for older films.

3.5 In the apps, Users may temporarily download Content and watch it offline where the license permits. Downloaded Content can only be played in the app and is available for a limited time only.

4.1 The Content is protected by copyright. For the duration of their access, the Provider grants Users the non-exclusive, non-transferable right to watch the Content in the Service for private, non-commercial purposes. If access is provided by an educational institution, Users may also use the Content for teaching, study and research.

4.2 In particular, Users may not:

• copy or record Content or download it outside the apps;
• circumvent copy protection or geoblocking, for example by using VPN or proxy services;
• screen Content in public or otherwise communicate it to the public; for film events, the Institution may obtain a screening license from the Provider;
• share their credentials with others;
• access the Service by automated means or extract its Content or data.

4.3 Information that Users enter in the Service themselves, such as a profile name or the name of a list, must not be unlawful, offensive or discriminatory.

5.1 The Content is labeled with age ratings or age recommendations. If the Institution transmits the User’s age, the Service blocks Content that is not approved for that age. Users may also set a parental control PIN.

5.2 If children or young people watch films through a User’s access, the User makes sure that they only watch Content approved for their age.

6.1 If a User breaches these Terms of Use, the Provider may suspend the User’s access temporarily or permanently and inform the Institution. In doing so, the Provider takes into account the severity of the breach and the legitimate interests of the User.

6.2 Users are liable in accordance with the statutory provisions for any damage they cause through a culpable breach of these Terms of Use.

7.1 The Provider is liable without limitation for intent and gross negligence, for damage resulting from injury to life, body or health, and under the German Product Liability Act.

7.2 In the case of slight negligence, the Provider is only liable for the breach of an essential obligation, that is, an obligation whose fulfillment makes the use of the Service possible in the first place and on whose fulfillment the User may rely. In this case, liability is limited to the foreseeable damage typical for this type of service. Otherwise, the Provider’s liability is excluded.

8.1 The privacy notice on the Service’s website explains which data are processed when the Service is used. The Institution is the controller; the Provider processes the data on its behalf.

9.1 The Provider may amend these Terms of Use with effect for the future if the Service, the legal situation or the requirements of the rights holders change. The new version applies to any further use from the time it is published on the Service’s website. Users who do not agree may stop using the Service at any time.

10.1 These Terms of Use are governed by the laws of the Federal Republic of Germany. If a User is a consumer with their habitual residence in another country, the mandatory consumer protection provisions of that country remain unaffected.

10.2 The Provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

10.3 These Terms of Use are also available in German, French and Spanish. In the event of any discrepancy, the German version prevails.