Fillim

your films, your way

terms-and-conditions

Terms of Use

General User's Terms of Use

Binding terms

1. This website is operated by Fillim (“Fillim“, “our”, “us” or “we”). By using this website you agree to be bound by an agreement created between you and us under these Terms of Use and also agree that any terms contained herein are in addition to any other agreements entered into with us. If you do not agree to these Terms of Use, please do not use this website.

The parties

2. If you are a natural person, then these Terms of Use constitute a legally binding agreement between you and us and govern your use of our website.

3. If the user of our website uses it in his or her capacity as a representative of a body corporate (eg a corporation), then it is a condition of the user continuing to use our website that the user warrants that he or she has authority to accept these Terms of Use on behalf of that body corporate, and these Terms of Use specify the terms of a legally binding agreement between that body corporate (and “you” in these Terms of Use means that body corporate) and us.

General information

4. The information appearing in this site, save for when it is described as an agreement or contract, is for general information only and does not constitute an offer or an intention to enter into a legally binding contract.

International use

5. We make no representation that products and services described on this website are appropriate or available for use in locations outside of Australia. Those who choose to access our website from other locations are responsible for compliance with local laws. Overseas residents may contact Fillim for further assistance regarding the availability of the products and services described on this website.

Amendments

6. We reserve the right, at our discretion, to update or revise these Terms of Use and we must use our reasonable efforts to notify you of those changes. We may give such notice by posting updated terms on our website and using our reasonable efforts to draw them to your attention. Your continued use of our website following the posting of any changes to the Terms of Use constitutes your acceptance of those changes.

Withdrawal of products and services

7. The products and services described in this site can be withdrawn or varied at any time without notice. All information regarding the products and services described in this site can be withdrawn or varied without notice. While every care has been taken in producing the information on this site, we do not guarantee the accuracy of any such information and it should not be relied upon as being accurate or complete.

Terms and conditions and fees and charges

8. Terms and conditions apply to all products and services described in this site and may be varied at any time without notice. Fees and charges also apply to all products and services and may be varied at any time without notice. Government charges, taxes and duties may also apply. Full details of the terms and conditions and the fees and charges are available on request from Fillim.

Approval

9. All applications for any products or services described on this site may be subject to an approval process.

Liability

10. Except for conditions implied by law which cannot be excluded, Fillim is not responsible for any loss, damage, cost or expense incurred by you as a result of any error, omission or misrepresentation in relation to this site.

11. Fillim is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with your use of this website. You must take your own precautions to ensure that whatever you select for your use from this website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

Third party sites

12. Our website may link you to other sites on the Internet. These other sites are not under our control of, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the website by us or any association with its operators.

13. Accessing those sites is your decision and to the fullest extent permitted in law we are not responsible or liable in any way for:

(a) your use of those linked sites or any loss or damage incurred arising out of or in connection with your use of them; and

(b) the content or practices of those websites operated by third parties that are linked to our website.

Security

14. Unfortunately, no data transmission over the internet can be guaranteed to be totally secure but we endeavour to use our reasonable efforts to protect the personal information of our users. We use a variety of physical and electronic security measures, including restricting physical access to our offices and firewalls and secure databases, to keep personal information secure from misuse, loss or unauthorised use or disclosure. However, Fillim will not be responsible for any unauthorised access to that information. If you are not comfortable sending any information over the Internet, please contact us to discuss alternative methods for providing any information. Any personal information you give us will be dealt with in accordance with our privacy policy.

Copyright

15. Except where otherwise stated, we own or have licence rights in all intellectual property rights in the content contained on this website, both in Australia and internationally. Except as provided by the Copyright Act 1968 (Cth) or any other applicable laws, no part of this site may otherwise be copied, reproduced, adapted or transmitted in any form by any process without our written consent or subject to your paying the requisite fee which entitles you to access certain content located on this website. Furthermore, the entire content of this site is protected by both Australian and international copyright law, trademark law and all laws related to the ownership of intellectual property.Commercial use of site information

16. The information and material in this site is provided solely for bona fide personal or commercial customers only.

17. You agree that you will not (either yourself or through any third party):

(a) use any robot, spider, screen scraper, data aggregation tool or other automatic device or process (Automated Process) to process, monitor, copy or extract any web pages on this site, or any of the information, content or data contained within or accessible through this site, without the prior written permission of Fillim;

(b) use any Automated Process to aggregate or combine information, content or data contained within or accessible through this site with information, content or data accessible via or sourced from any third party;

(c) use any information on or accessed through this site for any commercial purpose (including but not limited to market research, the provision of pricing estimates or 'shadow shopping') or otherwise (either directly or indirectly) for profit or gain;

(d) use any device, software, process or routine to interfere or attempt to interfere with the proper working of this site or any transaction or process being conducted on or through it;

(e) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to this site;

(f) reverse engineer, reverse assemble, decompile, or otherwise attempt to discover source code or other arithmetical formula or processes in respect of the software underlying the infrastructure and processes associated with this site; or

(g) copy, reproduce, alter, modify, create derivative works, or publicly display any part of any content from this site without the prior written permission of Fillim.

No use of site for unauthorised purposes

18. You must only use this website to:

(a) Access and stream visual media, films or video upon payment of the relevant fee;

(b) all other uses identified or required by Fillim to operate this website and/or its business.

19. You agree that any use of this website, except for the purposes described in paragraph 18, is prohibited.

20. You also agree to indemnify Fillim in respect of any liability incurred by Fillim for any loss, cost damage or expense, howsoever caused, suffered by Fillim or its related bodies corporate as a result of your breach of this clause. Linking to this website

21. Linking to this site is only permitted when authorised in writing by Fillim. Please contact us if you would like to link to any part of this site.

General

22. The agreement create under these Terms of Use constitute the entire agreement between the parties and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing.

23. No failure to exercise or any delay in exercising any right, power or remedy by a party operates as a waiver. A single or partial exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting the waiver unless it is made in writing.

24. We may give you notice by electronic mail, conventional mail, facsimile or personal service. You may give us notice by email to the email address specified in the “Contact Us” section of our website.

25. If a provision of these Terms of Use is invalid, illegal or unenforceable, then to the extent of the invalidity, illegality or unenforceability, that provision must be ignored in the interpretation of these Terms of Use. All other provisions of these Terms of Use remain in full force and effect.

26. These Terms of Use are governed by the law applicable in New South Wales, Australia and each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of that State.

Terms of Use for Customers and Film-Makers (Customers)

These Terms of Use constitute an agreement between Fillim (Fillim) and you, the person who has signed up to access all web pages and utilise Fillim's hosting and distribution services for visual media and films (Services) under the www.fillim.com domain (Website). By accessing or using the Website, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use (and any revisions of this Website), you may not use this Website and/or any information or service derived as a result of the use of this Website.

Your Representations

You represent and warrant that:

(a) all of the information provided by you to Fillim in order to use the Services is correct and current; and

(b) you have all necessary rights, power and authority to enter into and perform your obligations under these Terms of Use and to upload any and all content or material on the Website

Use of the Website

You agree to use the Website solely for the purpose of uploading visual media content and films.

You agree that you will not (either yourself or through any third party):

(a) use any robot, spider, screen scraper, data aggregation tool or other automatic device or process (Automated Process) to process, monitor, copy or extract any web pages on the Website, or any of the information, content or data contained within or accessible through the Website, without the prior written permission of Fillim;

(b) use any Automated Process to aggregate or combine information, content or data contained within or accessible through the Website with information, content or data accessible via or sourced from any third party;

(c) except for any materials uploaded by you, use any information on or accessed through the Website for any commercial purpose or otherwise (either directly or indirectly) for profit or gain;

(d) use any device, software (including but not limited to introducing a virus, a worm or other malicious code), process or routine to interfere or attempt to interfere with the proper working of the Website or any transaction or process being conducted on or through it;

(e) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to the Website;

(f) reverse engineer, reverse assemble, decompile, or otherwise attempt to discover source code or other arithmetical formulae or processes in respect of the software underlying the infrastructure and processes associated with the Website;

(g) copy, reproduce, alter, modify, create derivative works of, or publicly display, any part of any content from the Website without the prior written permission of Fillim and/or the legal owner of any content uploaded to the Website;

(h) post or otherwise distribute information that would be in breach of another person’s intellectual property rights;

(i) post or otherwise distribute any:

(1) defamatory, obscene, harassing, threatening or other unlawful material or information; or

(2) any photographs, films or visual media containing obscene or inappropriate images (which may be removed by Fillim in its sole discretion and without consultation);

(j) post or otherwise distribute any information that is confidential to yourself or a third party; or

(k) use the Website for any other unlawful purpose or activity.

You acknowledge that you are solely responsible for all results of your actions from your use of the Website (including but not limited to maintaining the confidentiality of your password and any other information). You will immediately notify Fillim of any unauthorised use of your account or any other breach of security that you become aware of.

You agree to indemnify Fillim in respect of any liability incurred by Fillim for any loss, cost damage or expense, howsoever caused, suffered by you as a result of your breach of these Terms of Use.

You acknowledge that Fillim may delete, suspend and remove any content you upload to the Website or your Account as a result of your breach of these Terms of Use.

Fees

You and Fillim agree that prior to any third party accessing any content uploaded by you that the third party may be required to pay a fee to Fillim. You acknowledge that the amount of the Fee is to be paid is determined by you, but if a fee is to be charge the fee may be no less than $1 (Fee). Unless otherwise stated, all fees are quoted in U.S. Dollars.

You acknowledge and agree that any income earned by Fillim as a result of third parties accessing and paying for the right to download content from the Website which has been uploaded by you will entitle you to payment from Fillim of no more than seventy (70%) percent of the income actually received by Fillim with respect to access or streaming of your content, which amount may be less than seventy (70%) of the Fee paid by the third party that downloaded your content.

You are responsible for the payment of all third party fees and taxes associated with your Content or the Fees.

Fillim is not obliged to remit any amounts owing to you as a result of downloads until 60 days after the material has been accessed or streamed from the Website.

Trade Marks

The trade marks, service marks and logos (Trade Marks) used in this Website are registered or unregistered Trade Marks of Fillim or its licensors. You may not copy, reproduce, adapt or transmit any Trade Mark in any form without Fillim’s prior written consent.

Copyright

You agree that the Website and its associated layout and design are the property of Fillim. Except as provided by the Copyright Act 1968 (Cth) or any other applicable laws, no part of the Website may be copied, reproduced, adapted or transmitted in any form by any process without Fillim’s prior written consent.

Your Intellectual Property

Rights definition - TSVOD Rights or Transactional Streaming Video on Demand Rights - means the right to store the Programme(s) in electronic form and to make the Programme(s) available for end users to stream at a time chosen by the user and where a one-off transaction charge is made by the user for streaming the Programme

Any intellectual property rights in any data, information or content (Content) you submit, display, post or upload to the Website through using the Services shall be owned by you or the relevant third party licensor. By submitting, displaying, posting or uploading such Content, you grant to Fillim a royalty-free, worldwide, perpetual, non-exclusive, transferrable, TSVOD, licence to use the Content for the purpose of displaying or distributing the Services through the Website and for Fillim’s promotional purposes. You acknowledge that Fillim reserves the right to refuse the submission, display, post or upload of any Content in its sole discretion.

Fillim has the right to grant sublicenses through multiple tiers of sublicenses to publicly display, publicly perform, distribute, store, transcode, syndicate, broadcast, reproduce, edit, modify, create derivative works, and otherwise use and reuse your Content (or any portion or derivative works thereof) in any manner, in any medium, for any purpose to the extent required to modify or deliver the Services. This license enables us to provide the Services and provide access to the Content and is not intended to otherwise limit your rights to the Content.

You hereby waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with the exploitation of the Content, or any portion thereof, or of your name, personality, likeness, image or voice in connection with the Content, or any advertising or publicity relating thereto.

In addition, you acknowledge that the payment of a third party of a Fee for access to your content grants that third party a worldwide, perpetual, non-exclusive, licence to use the Content for the purpose of display and streaming of that Content.

IP Addresses

You acknowledge that your IP address will be recorded upon the creation of a Website account (Account) with Fillim. If a visitor to your Account pays the Fee and accesses or streams the Content, the visitor’s IP address will be recorded with the entry submitted by that visitor. Upon deletion of that visitor’s entry on your Account, the IP address information associated with that entry will also be deleted and will not be recoverable.

Privacy

Fillim agrees to use any of your personal information in accordance with Fillim’s privacy policy found at privacy.

Links to Third Party Websites

The Website may provide links to access to various other websites on the Internet (Third Party Websites). You acknowledge that Fillim is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of any Third Party Websites. The inclusion of Third Party Websites does not imply Fillim’s endorsement of the Third Party Website or any association with the Third Party Websites’ operators.

Vendor Referrals

You agree that Fillim may from time to time email you in relation to vendors who may be interested in offering certain products to you in relation to your film. You acknowledge that you are solely responsible for contacting and negotiating with such vendors through the Website in relation to the products and services they may offer and you hereby release Fillim from any claims or liability that may arise from your communication with the vendors.

Termination

Fillim may immediately terminate these Terms of Use, suspend or terminate the Services or the Website, or suspend or terminate your Account due to your breach of this Agreement.

You may terminate your account with Fillim by notifying Fillim at any time in writing, but you acknowledge that any Content that has been accessed or for which a Third Party has paid a Fee will remain available for access by that Third Party in perpetuity.

Upon termination of these Terms of Use for any reason, Fillim will deactivate your Account and will delete all Content from the Account subject to such rights to access granted to third parties that have paid Fees applicable to the Content. You acknowledge that you are responsible for backing up and retaining copies of all Content and Fillim shall not be liable to you for your failure to save and recover the Content.

Liabilities, Indemnities and No Warranties

Fillim does not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Services, the Website or Third Party Website, nor does Fillim accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Website.

Fillim is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with your use of the Services or the Website. You must take your own precautions to ensure that whatever you select for your use from the Services or this Website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

You agree to hold harmless and indemnify Fillim and its affiliates, officers, agents and employees from and against any third party claim arising from or in any way related to your use of the Service or the Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and legal fees.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms of Use is hereby excluded including but not limited to any implied warranties of merchantability and fitness for a particular purpose, quiet enjoyment or non-infringement. Where legislation implies any condition or warranty, and that legislation prohibits Fillim from excluding or modifying the application of, or Fillim’s liability under, any such condition or warranty, that condition or warranty will be deemed included but Fillim’s liability will be limited for a breach of that condition or warranty to one or more of the following: (a) if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again.

General

You may not assign or sublicense any of your rights or obligations under these Terms of Use. Fillim may assign and/or sublicense all of its rights and/or duties at its sole discretion to any third party.

Fillim reserves the right to amend these Terms of Use from time to time for legal or commercial reasons. In the event these Terms of Use are amended, Fillim will notify you and you may terminate these Terms of Use within 30 days of receiving the notice. If you do not terminate within the 30 days, your continued use of the Website will represent an agreement by you to be bound by the Terms of Use as amended.

These Terms of Use constitute the entire agreement between you and Fillim for the use of the Services and the Website. Any previous understanding, agreement, representation or warranty relating to the Services and the Website is replaced by these Terms of Use.

The Terms of Use are governed by the law in force in New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales, and any court that may hear appeals from any of those courts, for any proceedings in connection with these Terms of Use, and waive any right you may have to claim that those courts are an inconvenient forum.

In the event that any provision of these Terms of Use should be determined to be unenforceable or invalid to any extent by a Court of competent jurisdiction, such provision shall be deemed to be modified as needed to ensure its enforceability to the maximum extent permitted under the law and shall not affect the validity and enforceability of any other remaining provisions.

 

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