FilmApp Terms of Service
Welcome to FilmApp!
1. INTRODUCTION
Welcome to FilmApp.org ("FilmApp", "we" or "us")! FilmApp provides products and services that save you time when applying to film.
2. LEGAL AGREEMENT
These "TERMS AND CONDITIONS OF SERVICE" govern your use of our services, products, or websites (collectively, the "Service"). By using and accessing the Service, you agree to be bound by and comply with these TERMS AND CONDITIONS OF SERVICE. Certain parts of the Service may require you to agree to additional terms or guidelines. You may not use the Service if you do not accept this TERMS AND CONDITIONS OF SERVICE. For purposes of this TERMS AND CONDITIONS OF SERVICE "you" shall mean either you as an individual or the entity on whose behalf you are accepting this TERMS AND CONDITIONS OF SERVICE and who is afforded all rights and bound by all terms under the Agreement. You represent that you are authorized to accept this TERMS AND CONDITIONS OF SERVICE. If you do not agree to be bound by this TERMS AND CONDITIONS OF SERVICE in its entirety, you may not attempt to use any FilmApp services or products.
3. ACCOUNT; MEMBER INFORMATION
You represent that you are of legal age to form a binding contract. In order to use certain Services, you must provide certain information during the registration process ("Registration Data"). You agree that your Registration Data will always be accurate and current, which you can edit at any time by logging in to your account at http://www.filmapp.org
You will receive a password and account upon completing the Service's registration process. You are responsible for the safekeeping of your password and account and are fully responsible for all activities and purchases that occur under your password or account.
4. PRIVACY POLICY
You consent to the collection and use of your Registration Data and certain other information in accordance with our Privacy Policy located at http://www.FilmApp.org
5. YOUR CONTENT ON THE SERVICE
The Service includes information, data, text, photographs, graphics, video, messages, tags, or other materials ("Content") from many people and entities, and such Content is the sole responsibility of the person or entity that provided it. This means that you are entirely responsible for all Content that you email, transmit or otherwise make available while using the Service (including third party service integrations that you enable through the Service), and for the consequences of your actions (including any loss or damage which FilmApp may suffer) by doing so. Note that Content is treated differently than "Feedback" which is covered in Section 7. FilmApp does not claim ownership of such Content and you agree that FilmApp may use, distribute, syndicate, reproduce, modify, adapt, publicly perform and publicly display such Content solely for the purpose of providing you the Service. If you no longer want your Content to appear on the Service, you go to your applicable third party service providing the Content and either change your privacy settings to block publicly available content, or remove the content entirely. However, you agree and understand that FilmApp may not be able to (and has no obligation to you) to restrict any use of your Content by any other person, including other users, and that FilmApp has no control of your Content provided by or to the third party services that you authorize or enable.
6. FEEDBACK TO FILMAPP
By submitting feedback, ideas, ratings, reviews, or suggestions ("Feedback") to FilmApp, publicly through web pages (e.g. forums), or privately through customer service, you acknowledge and agree that: (a) your Feedback automatically becomes the property of FilmApp without any obligation of FilmApp to you; (b) your Feedback does not contain confidential or proprietary information of you or any third party; (c) FilmApp may use or disclose such Feedback for any purpose, in any way, in any media worldwide; (d) FilmApp may have something similar to the Feedback already under consideration or in development; and (e) you are not entitled to any compensation or reimbursement of any kind from FilmApp.
7. MEMBER CONDUCT
You agree to not use the Service to:
(a) harm minors in any way;
(b) impersonate any person or entity, or misrepresent your affiliation with a person or entity;
(c) engage in any unsolicited or unauthorized advertising, "spamming" or "chain letters," or any other form of solicitation;
(d) stalk or otherwise harass another;
(e) transmit or make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(f) interfere with or disrupt the Service or servers or networks connected to the Service; or
(g) intentionally or unintentionally violate any applicable common, national or international law;
You agree to not upload, post, or transmit or make available any Content that:
(h) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(i) you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information protected under nondisclosure agreements); or
(j) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
You acknowledge that FilmApp may or may not pre-screen Content. We have the right, but not the obligation, in our sole discretion to pre-screen, refuse, or remove any Content on the Service. You understand that you may be exposed to Content on the Service that is offensive, indecent or objectionable.
You will not access any of the Services (a) by any means other than through the interface that is provided, or (b) through any automated means (including use of bots, scripts or web crawlers).
You will not override or circumvent any security components or violate any usage rules relating to the protection of materials or technology on the Service.
8. PROPRIETARY RIGHTS
All right, title and interest to the Service (which includes any FilmApp content or materials made available via the Service, the Service's look and feel, the designs, service marks, trademarks and trade names displayed on the Service) are the property of FilmApp, its affiliates, licensors or users, and are protected by copyrights, patents, trademarks or other proprietary rights and laws. You may not use, copy, modify, create a derivative work from, reverse engineer, sell, assign, sublicense or otherwise transfer any right, of any part of the Service without the prior written consent of the respective owner.
Unless otherwise agreed to in a separate agreement between FilmApp and you, with respect to any software that we provide to you, FilmApp grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use such software provided, for the sole purpose of enabling you to use the Service in the manner permitted by this TERMS AND CONDITIONS OF SERVICE. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the software or any part thereof. You may not assign or grant a sublicense of your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
9. THIRD PARTY CHARGES
You (and not FilmApp) are solely responsible for any fees or charges incurred to access the Service through an internet access or mobile access provider, or other third party, including but not limited to charges incurred to send or receive SMS messages.
10. NO RESALE OF SERVICE
You agree to only use the Service for personal purposes, and not for any unintended use of the Service. You agree not to reproduce, duplicate, copy, sell, trade, resell, frame, or exploit for any commercial purposes, any portion of the Service's websites.
11. ADVERTISEMENTS; ANNOUNCEMENTS
The Service may display advertisements or announcements. In consideration for FilmApp granting you access to and use of the Services, you agree that FilmApp may place such advertising or announcements on the Service.
12. INDEMNITY
You agree to indemnify and hold FilmApp and its affiliates, members, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of this TERMS AND CONDITIONS OF SERVICE, or your violation of any rights of another.
13. MODIFICATIONS TO SERVICE
We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that FilmApp shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You further agree that we may limit the number of emails applications or other communications sent via the Service at any time, in our sole discretion.
14. TERMINATION
You agree that FilmApp may terminate your FilmApp account and access to the Service at any time, without notice, for any reason, including but not be limited to, (a) breaches or violations of this TERMS AND CONDITIONS OF SERVICE or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you to delete your account, (d) discontinuance or material modification to the Service, (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your FilmApp account includes deletion of your Content, deletion of your password and all related information, and files and content associated with your account. Further, you agree that FilmApp shall not be liable to you or any third party for any termination of your account or access to the Service.
15. LINKS
The Service or third parties may provide links to other websites or resources. We do not endorse and are not responsible or liable, directly or indirectly, for any damage or loss caused by your use of or reliance on any such content, goods or services available on or through any such site or resource.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FILMAPP AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) FilmApp and its affiliates, members, officers, employees, agents, partners and licensors make no warranty that (i) the Service will meet your requirements; or (ii) the Service will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components.
(c) Any material downloaded or otherwise obtained through the use of the Service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
(d) Under no circumstances will FilmApp be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
17. LIMITATION OF LIABILITY
You expressly understand and agree that FilmApp and its affiliates, members, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if FilmApp has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Service; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the Service; or (e) any other matter relating to the Service.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
18. NOTICE
We may provide you with notices, including those regarding changes to this TERMS AND CONDITIONS OF SERVICE, including but not limited to by email, regular mail, text message, postings on the Service, or other reasonable means now known or developed later.
19. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please visit http://www.FilmApp.org
20. DISCLAIMER
Any views, statements, advice or other information made available or expressed by third parties or users are those of the respective third party or user and not of FilmApp. While we actively seek community participation on our website through these various means, we do not endorse and are not responsible for the reliability or accuracy of any advice, opinion or statement made on the Service.
21. FEES.
You acknowledge that FilmApp may charge a fee for the use of any Service, provided that FilmApp notifies you of any such fee that applies before you incur it. Subject to the foregoing, you agree to pay any fees incurred by you.
22. MODIFICATION.
FilmApp reserves the right to change or modify the Service, any of the terms and conditions contained in this TERMS AND CONDITIONS OF SERVICE, or any policy governing the Service, at any time. You are responsible for regularly reviewing any updates to this TERMS AND CONDITIONS OF SERVICE at http://www.FilmApp.org and conditions of service. Any changes or modifications to this TERMS AND CONDITIONS OF SERVICE will become binding after your continued use of the Service after such terms have been updated by FilmApp.
23. SUPPORT; CHANGES TO SERVICE
FilmApp may elect to provide you with customer support, in its sole discretion, and may terminate such support at any time without notice. FilmApp may change, limit, suspend, or discontinue any aspect of the Service at any time, including the availability of any feature or content.
24. GENERAL
This TERMS AND CONDITIONS OF SERVICE shall be governed by applicable U.K. law in connection with any dispute arising out of or in connection with this TERMS AND CONDITIONS OF SERVICE or its subject matter, and the parties irrevocably waive any right that they may have to assert that any such court lacks jurisdiction or that such forum is not convenient. If any provision in this TERMS AND CONDITIONS OF SERVICE should be held illegal or unenforceable by a court having jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this TERMS AND CONDITIONS OF SERVICE if no such modification is possible, and other provisions of this TERMS AND CONDITIONS OF SERVICE shall remain in full force and effect. The controlling language of this TERMS AND CONDITIONS OF SERVICE is English. If you have received a translation into another language, it has been provided for your convenience only. A waiver by either party of any term or condition of this TERMS AND CONDITIONS OF SERVICE or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. You may not assign or otherwise transfer, by operation of law or otherwise, this TERMS AND CONDITIONS OF SERVICE or any rights or obligations hereunder. Any such purported transfer or assignment will be void. Subject to the foregoing sentence, this TERMS AND CONDITIONS OF SERVICE shall be binding upon and shall inure to the benefit of the parties, their successors and assigns. This TERMS AND CONDITIONS OF SERVICE constitute the entire agreement between the parties concerning the subject matter hereof.
25. CONTACT DETAILS
If you have a question or complaint regarding the Service, please send an email to info@FilmApp.org. You may also contact us by writing to
FilmApp (Muso Ltd)
c/o Visit London, 2 More London Riverside, London SE1 2RR
26. REFUND POLICY
Those boroughs using the FilmApp online payment process (currently, Southwark, Lewisham, Camden, The Corporation of London, Bexley, Bromley) have agreed to adopt the following policy regarding refunds of fees paid.
Providing a cancellation notice has been received in writing or by e mail before the period of licence starts, any location fees already paid will be refunded in full within 30 days. Any expenses already incurred by the film office in relation to the proposed filming such as admin, parking, staff costs, road control notices or temporary structure licences or similar are not refundable. If no cancellation notice has been received before the licence period begins, then no refund will be payable.