TERMS OF USE
Last
updated
April 27, 2024
AGREEMENT TO OUR LEGAL TERMS
We are Filmclusive
Inc.
, doing business as Filmclusive
(
"Company," "we," "us,"
"our")
, a company registered in
Delaware
, United States
at 251 Little Falls Drive
, Wilmington
,
DE
19808
.
We operate the
website
https://filmclusive.com
(the "Site"),
the mobile application
Filmclusive (the "App"
)
, as well as any other related products and services that refer or link to these
legal terms (the "Legal Terms") (collectively, the "Services").
Filmclusive is an integrated workflow and management platform designed
specifically for the film industry, unifying project development, talent recruitment,
networking, submissions, and financial management into one centralized system. We serve
writers, directors, actors, producers, agents, managers, casting directors, and
production companies by streamlining creative collaboration, job placement, development
submissions, and community engagement. Through a secure, real-time platform combining
ATS-style workflows, dynamic networking, and role-based privacy controls, we simplify
how film professionals connect, build teams, manage projects, and bring creative work to
market.
You can contact us by
phone at (+1)9292554623, email at konnichiwa@filmclusive.com
, or by
These Legal Terms constitute a legally binding
agreement made between you, whether personally or on behalf of an entity ("you"), and
Filmclusive Inc., concerning your access to and use of the Services. You
agree that by accessing the Services, you have read, understood, and agreed to be bound
by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU
ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE
IMMEDIATELY.
We will provide you with prior notice of any scheduled
changes to the Services you are using. The modified Legal Terms will become effective
upon posting or notifying you by privacy@filmclusive.com, as
stated in the email message. By continuing to use the Services after the effective date
of any changes, you agree to be bound by the modified terms.
The
Services are intended for users who are at least 18 years old.
Persons under the age
of 18 are not permitted to use or register for the Services.
We recommend that you
print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
The information provided when using the Services is not
intended for distribution to or use by any person or entity in any jurisdiction or
country where such distribution or use would be contrary to law or regulation or which
would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Services from other locations do so
on their own initiative and are solely responsible for compliance with local laws, if
and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific
regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal
Information Security Management Act (FISMA), etc.), so if your interactions would be
subjected to such laws, you may not use the Services. You may not use the Services in a
way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual
property rights in our Services, including all source code, databases, functionality,
software, website designs, audio, video, text, photographs, and graphics in the Services
(collectively, the "Content"), as well as the trademarks, service
marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and
trademark laws (and various other intellectual property rights and unfair competition
laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the
Services "AS IS" for your
personal, non-commercial use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including
the "
PROHIBITED
ACTIVITIES
"
section below, we grant you a non-exclusive, non-transferable, revocable license
to:
- access the Services; and
- download or print a copy of any portion of the Content
to which you have properly gained access,
solely for your
personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our
Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
If you wish to make any use of the Services, Content,
or Marks other than as set out in this section or elsewhere in our Legal Terms, please
address your request to: konnichiwa@filmclusive.com. If we
ever grant you the permission to post, reproduce, or publicly display any part of our
Services or Content, you must identify us as the owners or licensors of the Services,
Content, or Marks and ensure that any copyright or proprietary notice appears or is
visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in
and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will
constitute a material breach of our Legal Terms and your right to use our Services will
terminate immediately.
Your submissions and contributions
Please review this section and the "PROHIBITED ACTIVITIES
"
section carefully prior to using our Services to understand the (a) rights you give us
and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any
question, comment, suggestion, idea, feedback, or other information about the Services (
"Submissions"
), you agree to assign to us all intellectual property rights in such Submission.
You agree that we shall own this Submission and be entitled to its unrestricted use and
dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or
compensation to you.
Contributions: The Services may invite you to
chat, contribute to, or participate in blogs, message boards, online forums, and other
functionality during which you may create, submit, post, display, transmit, publish,
distribute, or broadcast content and materials to us or through the Services, including
but not limited to text, writings, video, audio, photographs, music, graphics, comments,
reviews, rating suggestions, personal information, or other material ("Contributions"). Any Submission that is publicly
posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other
users of the Services and possibly through
third-party websites.
When you post Contributions, you grant us a license (including use of your name,
trademarks, and logos): By posting any Contributions, you grant us an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and
license to: use, copy, reproduce,
distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly
display, reformat, translate, excerpt (in whole or in part), and exploit your
Contributions (including, without limitation, your image, name, and voice) for any
purpose, commercial, advertising, or otherwise, to prepare derivative works of, or
incorporate into other works, your Contributions, and to
sublicense the licenses granted in
this section. Our use and distribution may occur in any media formats and through any
media channels.
This license includes our use of your name, company
name, and franchise name, as applicable, and any of the trademarks, service marks, trade
names, logos, and personal and commercial images you provide.
You are responsible for what you post or
upload: By sending us Submissions
and/or posting Contributions through any
part of the Services or making Contributions
accessible through the Services by linking your account through the Services to any of
your social networking accounts,
you:
- confirm that you have read and agree with our "
PROHIBITED
ACTIVITIES
"
and will not post, send, publish, upload, or transmit through the
Services any Submission nor post any
Contribution that is illegal,
harassing, hateful, harmful, defamatory, obscene, bullying, abusive,
discriminatory, threatening to any person or group, sexually explicit, false,
inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law, waive any
and all moral rights to any such Submission
and/or Contribution;
- warrant that any such Submission and/or Contributions are original to you or that
you have the necessary rights and licenses
to submit such Submissions and/or Contributions and that you have full
authority to grant us the above-mentioned rights in relation to your Submissions
and/or Contributions; and
- warrant and represent that your Submissions and/or Contributions do not constitute confidential
information.
You are solely
responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for
any and all losses that we may suffer because of your breach of (a) this section, (b) any third
party’s intellectual property rights, or (c) applicable law.
We may remove or
edit your Content: Although we have no obligation to monitor any Contributions,
we shall have the right to remove or edit any Contributions at any time without notice if in our
reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If
we remove or edit any such Contributions, we may also suspend or disable your account and report
you to the authorities.
Copyright infringement
By using the Services, you represent and warrant
that:
(1) all
registration information you submit
will be true, accurate, current, and complete; (2) you will
maintain the accuracy of such information and promptly update
such registration information as necessary;
(3) you have the legal capacity and you
agree to comply with these Legal Terms;
(4) you are not a
minor in the jurisdiction in which you reside
; (5) you will not access the
Services through automated or non-human means, whether through a bot, script or
otherwise; (6) you will not use the Services
for any illegal or unauthorized purpose; and (7) your use of the Services will
not violate any applicable law or regulation.
If
you provide any information that is untrue, inaccurate, not current, or
incomplete, we have the right to suspend or terminate your account and
refuse any and all current or future use of the Services (or any portion
thereof).
You
may be required to register to use the Services. You
agree to keep your password confidential and will be
responsible for all use of your account and password. We
reserve the right to remove, reclaim, or change a
username you select if we determine, in our sole
discretion, that such username is inappropriate,
obscene, or otherwise objectionable.
We accept the following forms of payment:
- PayPal
- Discover
- American Express
- Mastercard
- Visa
- Stripe
You agree to provide current, complete, and accurate
purchase and account information for all purchases made via the Services. You further
agree to promptly update account and payment information, including email address,
payment method, and payment card expiration date, so that we can complete your
transactions and contact you as needed. Sales tax will be added to the price of
purchases as deemed required by us. We may change prices at any time. All payments shall
be in
US dollars.
You agree to pay all charges at the prices then in
effect for your purchases and any applicable shipping fees, and you authorize
us to charge your chosen payment provider for any such amounts upon placing your
order. We reserve the right to correct any errors or mistakes in pricing, even if we
have already requested or received payment.
We reserve the right to refuse any order placed
through the Services. We may, in our sole discretion, limit or cancel quantities
purchased per person, per household, or per order. These restrictions may include orders
placed by or under the same customer account, the same payment method, and/or orders
that use the same billing or shipping address. We reserve the right to limit or prohibit
orders that, in our sole judgment, appear to be placed by dealers,
resellers, or distributors.
6. SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and automatically
renew unless canceled. You consent to our charging your
payment method on a recurring basis without requiring your prior approval for each
recurring charge, until such time as you cancel the applicable order. The length of your billing cycle will depend on the type of subscription plan you
choose when you subscribed to the Services.
Free Trial
We offer a 14-day free trial to new
users who register with the Services.
The account will not be charged and the subscription will be
suspended until upgraded to a paid version at the end of the free trial.
Cancellation
You can cancel your subscription at any time by logging into
your account. Your cancellation will take effect at the end
of the current paid term. If you have any questions or are unsatisfied with our Services, please
email us at konnichiwa@filmclusive.com.
Fee Changes
We may, from time to time, make changes to the
subscription fee and will communicate any price changes to you in accordance with
applicable law.
7. SOFTWARE
We may include software for use in connection with our
Services. If such software is accompanied by an end user
license agreement ("EULA"
), the terms of the EULA will govern your use of the software. If such software is
not accompanied by a EULA, then we grant to you a non-exclusive, revocable, personal,
and non-transferable license to use such software solely in
connection with our services and in accordance with these Legal Terms. Any software and
any related documentation is provided "AS IS" without warranty of any kind, either
express or implied, including, without limitation, the implied warranties of
merchantability, fitness for a particular purpose, or non-infringement. You accept any
and all risk arising out of use or performance of any software. You may not reproduce or
redistribute any software except in accordance with the EULA or these Legal
Terms.
You may
not access or use the Services for any purpose other than that for which we make
the Services available. The Services may not be used in connection with any
commercial endeavors except those that are
specifically endorsed or approved by us.
As
a user of the Services, you agree not to:
- Systematically
retrieve data or other content from the Services
to create or compile, directly or indirectly, a
collection, compilation, database, or directory
without written permission from
us.
- Trick,
defraud, or mislead us
and other users,
especially in any
attempt to learn
sensitive account
information such as user
passwords.
- Circumvent,
disable, or otherwise
interfere with
security-related
features of the
Services, including
features that prevent or
restrict the use or
copying of any Content
or enforce limitations
on the use of the
Services and/or the
Content contained
therein.
- Disparage,
tarnish, or otherwise
harm, in our opinion, us
and/or the
Services.
- Use
any information obtained
from the Services in
order to harass, abuse,
or harm another
person.
- Make
improper use of our
support services or
submit false reports of
abuse or
misconduct.
- Use
the Services in a manner
inconsistent with any
applicable laws or
regulations.
- Engage
in
unauthorized
framing of or
linking to the
Services.
- Upload
or transmit (or attempt
to upload or to
transmit) viruses,
Trojan horses, or other
material, including
excessive use of capital
letters and spamming
(continuous posting of
repetitive text), that
interferes with any
party’s uninterrupted
use and enjoyment of the
Services or modifies,
impairs, disrupts,
alters, or interferes
with the use, features,
functions, operation, or
maintenance of the
Services.
- Engage
in any automated use of
the system, such as
using scripts to send
comments or messages, or
using any data mining,
robots, or similar data
gathering and extraction
tools.
- Delete
the copyright or other
proprietary rights
notice from any
Content.
- Attempt
to impersonate another
user or person or use
the username of another
user.
- Upload
or transmit (or attempt
to upload or to
transmit) any material
that acts as a passive
or active information
collection or
transmission mechanism,
including without
limitation, clear
graphics interchange
formats (
"gifs"
), 1×1 pixels, web
bugs, cookies, or other
similar devices
(sometimes referred to
as
"spyware" or
"passive collection
mechanisms" or "pcms"
).
- Interfere
with, disrupt, or create
an undue burden on the
Services or the networks
or services connected to
the
Services.
- Harass,
annoy, intimidate, or
threaten any of our
employees or agents
engaged in providing any
portion of the Services
to
you.
- Attempt
to bypass any measures
of the Services designed
to prevent or restrict
access to the Services,
or any portion of the
Services.
- Copy
or adapt the Services'
software, including but
not limited to Flash,
PHP, HTML, JavaScript,
or other
code.
- Except
as permitted by
applicable law,
decipher, decompile,
disassemble, or reverse
engineer any of the
software comprising or
in any way making up a
part of the
Services.
- Except
as may be the result of
standard search engine
or Internet browser
usage, use, launch,
develop, or distribute
any automated system,
including without
limitation, any spider,
robot, cheat utility,
scraper, or offline
reader that accesses the
Services, or use or
launch any
unauthorized
script or other
software.
- Use
a buying agent or
purchasing agent to make
purchases on the
Services.
- Make
any
unauthorized
use of the
Services, including
collecting usernames
and/or email addresses
of users by electronic
or other means for the
purpose of sending
unsolicited email, or
creating user accounts
by automated means or
under false
pretenses
.
- Use
the Services as part of
any effort to compete
with us or otherwise use
the Services and/or the
Content for any
revenue-generating
endeavor
or commercial
enterprise.
-
Sell or otherwise transfer your
profile.
-
using the platform for business
outside the film and television industry,
excluding products for product placement.
-
Engaging in any illegal
activities or soliciting conduct that would
constitute a criminal offense or give rise to
civil liability.
-
Posting or transmitting content
that harasses, victimizes, degrades, or
intimidates an individual or group of
individuals on the basis of religion, gender,
sexual orientation, race, ethnicity, age, or
disability.
-
Engaging in practices that are
intended to deceive, defraud, or mislead users,
including impersonation and falsifying personal
information.
-
Uploading, posting, or otherwise
transmitting content that infringes on any
intellectual property rights or other rights of
third parties unless it's your own and you own
the rights to distribute.
-
Distributing viruses, corrupted
files, or any other similar software or programs
that may damage the operation of any computer
hardware or software.
-
Posting or distributing content
that is obscene, indecent, lewd, pornographic,
violent, or otherwise objectionable.
-
Conducting or forwarding pyramid
schemes and solicitations outside of designated
areas or categories of the platform.
-
Sending unsolicited mass mailings,
junk mail, spam, chain letters, or other forms
of duplicative or unsolicited messages.
-
Unauthorized collection,
aggregation, copying, duplication, or derivative
use of the platform’s data or any content posted
on the platform without express written
permission.
-
Creating a false identity to
mislead others or falsely state or otherwise
misrepresent your affiliation with a person or
entity.Attempting to interfere with, compromise
the system integrity or security, or decipher
any transmissions to or from the servers running
the platform.
-
Using AI to create or disseminate
content that is intended to deceive or mislead,
such as deepfakes or manipulated media.
-
Employing AI tools or bots to
interact with the platform or other users
without explicit permission.
-
Utilizing AI to generate and
distribute spam or unsolicited communications.
-
Using AI in a way that perpetuates
bias or discrimination based on race, gender,
ethnicity, disability, or other protected
characteristics.
-
Manipulating user behavior or
decision-making through AI without transparent
disclosure and user consent.
9. USER GENERATED
CONTRIBUTIONS
The Services may invite you to
chat, contribute to, or participate in
blogs, message boards, online forums,
and other functionality, and may provide
you with the opportunity to create,
submit, post, display, transmit,
perform, publish, distribute, or
broadcast content and materials to us or
on the Services, including but not
limited to text, writings, video, audio,
photographs, graphics, comments,
suggestions, or personal information or
other material (collectively,
"Contributions"
). Contributions may be viewable
by other users of the Services and
through third-party websites. As such,
any Contributions you transmit may be
treated as non-confidential and
non-proprietary. When you create or make
available any Contributions, you thereby
represent and warrant that:
- The creation,
distribution, transmission, public display, or
performance, and the accessing, downloading, or
copying of your Contributions do not and will
not infringe the proprietary rights, including
but not limited to the copyright, patent,
trademark, trade secret, or moral rights of any
third party.
- You are the
creator and owner of or have the necessary licenses
,
rights, consents, releases, and permissions to
use and to
authorize
us, the Services, and other users of the
Services to use your Contributions in any manner
contemplated by the Services and these Legal
Terms.
- You have the
written consent, release, and/or permission of
each and every identifiable individual person in
your Contributions to use the name or likeness
of each and every such identifiable individual
person to enable inclusion and use of your
Contributions in any manner contemplated by the
Services and these Legal
Terms.
- Your Contributions
are not false, inaccurate, or
misleading.
- Your Contributions
are not unsolicited or
unauthorized
advertising, promotional materials,
pyramid schemes, chain letters, spam, mass
mailings, or other forms of
solicitation.
- Your Contributions
are not obscene, lewd, lascivious, filthy,
violent, harassing, libelous
,
slanderous, or otherwise objectionable (as
determined by us).
- Your Contributions
do not ridicule, mock, disparage, intimidate, or
abuse anyone.
- Your Contributions
are not used to harass or threaten (in the legal
sense of those terms) any other person and to
promote violence against a specific person or
class of people.
- Your Contributions
do not violate any applicable law, regulation,
or rule.
- Your Contributions
do not violate the privacy or publicity rights
of any third party.
- Your Contributions
do not violate any applicable law concerning
child pornography, or otherwise intended to
protect the health or well-being of
minors.
- Your Contributions
do not include any offensive comments that are
connected to race, national origin, gender,
sexual preference, or physical
handicap.
- Your Contributions
do not otherwise violate, or link to material
that violates, any provision of these Legal
Terms, or any applicable law or
regulation.
Any
use of the Services in violation of the
foregoing violates these Legal Terms and may
result in, among other things, termination or
suspension of your rights to use the
Services.
By
posting your Contributions to any part of the Services
or making
Contributions accessible to the
Services by linking your account
from the Services to any of your
social networking accounts
, you automatically grant, and you represent and
warrant that you have the right to grant, to us an
unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, royalty-free, fully-paid,
worldwide right, and
license to
host, use, copy, reproduce, disclose, sell, resell,
publish, broadcast, retitle, archive, store, cache,
publicly perform, publicly display, reformat, translate,
transmit, excerpt (in whole or in part), and distribute
such Contributions (including, without limitation, your
image and voice) for any purpose, commercial,
advertising, or otherwise, and to prepare derivative
works of, or incorporate into other works, such
Contributions, and grant and authorize
sublicenses
of the foregoing. The use and distribution may
occur in any media formats and through any media
channels.
This
license will
apply to any form, media, or technology now known or
hereafter developed, and includes our use of your name,
company name, and franchise name, as applicable, and any
of the trademarks, service marks, trade names, logos,
and personal and commercial images you provide. You
waive all moral rights in your Contributions, and you
warrant that moral rights have not otherwise been
asserted in your Contributions.
We
do not assert any ownership over your Contributions. You
retain full ownership of all of your Contributions and
any intellectual property rights or other proprietary
rights associated with your Contributions. We are not
liable for any statements or representations in your
Contributions provided by you in any area on the
Services. You are solely responsible for your
Contributions to the Services and you expressly agree to
exonerate us from any and all responsibility and to
refrain from any legal action against us regarding your
Contributions.
We
have the right, in our sole and absolute discretion, (1)
to edit, redact, or otherwise change any Contributions;
(2) to re-categorize
any
Contributions to place them in more appropriate
locations on the Services; and (3) to pre-screen or
delete any Contributions at any time and for any reason,
without notice. We have no obligation to monitor your
Contributions.
11. GUIDELINES FOR REVIEWS
We may provide
you areas on the Services to leave reviews or ratings. When posting a review, you must
comply with the following criteria: (1) you should have firsthand experience with the
person/entity being reviewed; (2) your reviews should not contain offensive profanity,
or abusive, racist, offensive, or hateful language; (3) your reviews should not contain
discriminatory references based on religion, race, gender, national origin, age, marital
status, sexual orientation, or disability; (4) your reviews should not contain
references to illegal activity; (5) you should not be affiliated with competitors if
posting negative reviews; (6) you should not make any conclusions as to the legality of
conduct; (7) you may not post any false or misleading statements; and (8) you may not
organize
a campaign encouraging others to post reviews, whether positive or
negative.
We may
accept, reject, or remove reviews in our sole discretion. We have absolutely no
obligation to screen reviews or to delete reviews, even if anyone considers
reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not
necessarily represent our opinions or the views of any of our affiliates or
partners. We do not assume liability for any review or for any claims,
liabilities, or losses resulting from any review. By posting a review, you
hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully
paid, assignable, and sublicensable right and
license to reproduce,
modify, translate, transmit by any means, display, perform, and/or distribute
all content relating to review.
12. MOBILE APPLICATION LICENSE
Use License
If you access
the Services via the App, then we grant you a revocable, non-exclusive,
non-transferable, limited right to install and use the App on wireless electronic
devices owned or controlled by you, and to access and use the App on such devices
strictly in accordance with the terms and conditions of this mobile application license
contained in these Legal Terms. You shall not: (1) except as permitted by
applicable law, decompile, reverse engineer, disassemble, attempt to derive the source
code of, or decrypt the App; (2) make any modification, adaptation, improvement,
enhancement, translation, or derivative work from the App; (3) violate any applicable
laws, rules, or regulations in connection with your access or use of the App; (4)
remove, alter, or obscure any proprietary notice (including any notice of copyright or
trademark) posted by us or the licensors of the App; (5) use the App for any
revenue-generating endeavor, commercial enterprise, or other
purpose for which it is not designed or intended; (6) make the App available over a
network or other environment permitting access or use by multiple devices or users at
the same time; (7) use the App for creating a product, service, or software that is,
directly or indirectly, competitive with or in any way a substitute for the App; (8) use
the App to send automated queries to any website or to send any unsolicited commercial
email; or (9) use any proprietary information or any of our interfaces or our other
intellectual property in the design, development, manufacture, licensing, or
distribution of any applications, accessories, or devices for use with the App.
Apple and Android Devices
The following
terms apply when you use the App obtained from either the Apple Store or Google Play
(each an "App Distributor") to access the Services: (1) the license
granted to you for our App is limited to a non-transferable license
to use the application on a device that
utilizes the Apple iOS or Android
operating systems, as applicable, and in accordance with the usage rules set forth in
the applicable App Distributor’s terms of service; (2) we are responsible for providing
any maintenance and support services with respect to the App as specified in the terms
and conditions of this mobile application license contained in these Legal Terms or as
otherwise required under applicable law, and you acknowledge that each App Distributor
has no obligation whatsoever to furnish any maintenance and support services with
respect to the App; (3) in the event of any failure of the App to conform to any
applicable warranty, you may notify the applicable App Distributor, and the App
Distributor, in accordance with its terms and policies, may refund the purchase price,
if any, paid for the App, and to the maximum extent permitted by applicable law, the App
Distributor will have no other warranty obligation whatsoever with respect to the App;
(4) you represent and warrant that (i) you are not located in a country that is subject
to a US government embargo, or that has been designated by the US government as a "terrorist supporting" country and (ii) you are not listed on
any US government list of prohibited or restricted parties; (5) you must comply with
applicable third-party terms of agreement when using the App, e.g., if
you have a VoIP application, then you must not be in violation of their wireless data
service agreement when using the App; and (6) you acknowledge and agree that the App
Distributors are third-party beneficiaries of the terms and conditions in this mobile
application license contained in these Legal Terms, and
that each App Distributor will have the right (and will be deemed to have accepted the
right) to enforce the terms and conditions in this mobile application license
contained in these Legal Terms against you as a third-party beneficiary
thereof.
13. SOCIAL MEDIA
As
part of the functionality of the Services, you may link
your account with online accounts you have with
third-party service providers (each such account, a "Third-Party
Account")
by either: (1) providing your Third-Party Account login
information through the Services; or (2) allowing us to
access your Third-Party
Account, as is permitted under the applicable terms and
conditions that govern your use of each Third-Party
Account. You represent and warrant that you are entitled
to disclose your Third-Party
Account login information to us and/or grant us access
to your Third-Party
Account, without breach by you of any of the terms and
conditions that govern your use of the applicable Third-Party
Account, and without obligating us to pay any fees or
making us subject to any usage limitations imposed by
the third-party service provider of the Third-Party
Account. By granting us access to any Third-Party
Accounts, you understand that (1) we may access, make
available, and store (if applicable) any content that
you have provided to and stored in your Third-Party
Account (the "Social
Network Content"
) so that it is available on and through the
Services via your account, including without limitation
any friend lists and (2) we may submit to and receive
from your Third-Party
Account additional information to the extent you are
notified when you link your account with the Third-Party
Account. Depending on the Third-Party
Accounts you choose and subject to the privacy settings
that you have set in such Third-Party
Accounts, personally identifiable information that you
post to your Third-Party
Accounts may be available on and through your account on
the Services. Please note that if a Third-Party
Account or associated service becomes unavailable or our
access to such Third-Party
Account is terminated by the third-party service
provider, then Social Network Content may no longer be
available on and through the Services. You will have the
ability to disable the connection between your account
on the Services and your Third-Party
Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP
WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH
YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR
AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We
make no effort to review any Social Network Content for
any purpose, including but not limited to, for accuracy,
legality, or non-infringement, and we are not
responsible for any Social Network Content. You
acknowledge and agree that we may access your email
address book associated with a Third-Party
Account and your contacts list stored on your mobile
device or tablet computer solely for purposes of
identifying and informing you of those contacts who have
also registered to use the Services. You can deactivate
the connection between the Services and your Third-Party
Account by contacting us using the contact information
below or through your account settings (if applicable).
We will attempt to delete any information stored on our
servers that was obtained through such Third-Party
Account, except the username and profile picture that
become associated with your account.
14. THIRD-PARTY WEBSITES AND CONTENT
The Services
may contain (or you may be sent via the Site or App
) links to other websites ("Third-Party Websites") as well as articles, photographs,
text, graphics, pictures, designs, music, sound, video, information, applications,
software, and other content or items belonging to or originating from third parties (
"Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated,
monitored, or checked for accuracy, appropriateness, or completeness by us, and we are
not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available
through, or installed from the Services, including the content, accuracy, offensiveness,
opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking
to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval
or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install
any Third-Party Content, you do so at your
own risk, and you should be aware these Legal Terms no longer govern. You should review
the applicable terms and policies, including privacy and data gathering practices, of
any website to which you navigate from the Services or relating to any applications you
use or install from the Services. Any purchases you make through Third-Party Websites will be through other
websites and from other companies, and we take no responsibility whatsoever in relation
to such purchases which are exclusively between you and the applicable third party. You
agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us
blameless from any harm caused by your purchase of such products or services.
Additionally, you shall hold us blameless from any losses sustained by you or harm
caused to you relating to or resulting in any way from any Third-Party Content or any contact with
Third-Party Websites.
15. ADVERTISERS
We allow
advertisers to display their advertisements and other information in certain areas of
the Services, such as sidebar advertisements or banner advertisements. We simply provide
the space to place such advertisements, and we have no other relationship with
advertisers.
16. SERVICES MANAGEMENT
We reserve the right, but
not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take
appropriate legal action against anyone who, in our sole discretion, violates the law or these
Legal Terms, including without limitation, reporting such user to law enforcement authorities;
(3) in our sole discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of your Contributions
or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability,
to remove from the Services or otherwise disable all files and content that are excessive in
size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a
manner designed to protect our rights and property and to facilitate the proper functioning of
the Services.
17. PRIVACY POLICY
We care about
data privacy and security. Please review our Privacy Policy:
https://filmclusive.com/privacy/
. By using the Services, you agree to be bound by our Privacy
Policy, which is incorporated into these Legal Terms. Please be advised the Services are
hosted in the United States
. If you access the Services from any other region of
the world with laws or other requirements governing personal data collection, use, or
disclosure that differ from applicable laws in
the United States
, then through your continued use of the Services,
you are transferring your data to
the United States
, and you expressly consent to have your data
transferred to and processed in
the United States
.
18. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
Notifications
We respect the
intellectual property rights of others. If you believe that any material available on or
through the Services infringes upon any copyright you own or control, please immediately
notify our Designated Copyright Agent using the contact information provided below (a
"Notification"). A copy of your Notification will be
sent to the person who posted or stored the material addressed in the Notification.
Please be advised that pursuant to federal law you may be held liable for damages if you
make material misrepresentations in a Notification. Thus, if you are not sure that
material located on or linked to by the Services infringes your copyright, you should
consider first contacting an attorney.
All
Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the
following information: (1) A physical or electronic signature of a person authorized
to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works on the Services are covered by the Notification, a
representative list of such works on the Services; (3) identification of the material
that is claimed to be infringing or to be the subject of infringing activity and that is
to be removed or access to which is to be disabled, and information reasonably
sufficient to permit us to locate the material; (4) information reasonably sufficient to
permit us to contact the complaining party, such as an address, telephone number, and,
if available, an email address at which the complaining party may be contacted; (5) a
statement that the complaining party has a good faith belief that use of the material in
the manner complained of is not authorized by the copyright owner, its agent, or
the law; and (6) a statement that the information in the notification is accurate, and
under penalty of perjury, that the complaining party is
authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed upon.
Counter Notification
If you believe
your own copyrighted material has been removed from the Services as a result of a
mistake or misidentification, you may submit a written counter notification to our
Designated Copyright Agent using the contact information provided below (a "Counter Notification"). To be an effective Counter
Notification under the DMCA, your Counter Notification must include substantially the
following: (1) identification of the material that has been removed or disabled and the
location at which the material appeared before it was removed or disabled; (2) a
statement that you consent to the jurisdiction of the Federal District Court in which
your address is located, or if your address is outside the United States, for any
judicial district in which we are located; (3) a statement that you will accept service
of process from the party that filed the Notification or the party's agent; (4) your
name, address, and telephone number; (5) a statement under penalty of perjury that you
have a good faith belief that the material in question was removed or disabled as a
result of a mistake or misidentification of the material to be removed or disabled; and
(6) your physical or electronic signature.
If you send us
a valid, written Counter Notification meeting the requirements described above, we will
restore your removed or disabled material, unless we first receive notice from the party
filing the Notification informing us that such party has filed a court action to
restrain you from engaging in infringing activity related to the material in question.
Please note that if you materially misrepresent that the disabled or removed content was
removed by mistake or misidentification, you may be liable for damages, including costs
and attorney's fees. Filing a false Counter Notification constitutes perjury.
Designated Copyright Agent
style="line-height: 1.5; text-align: left;">
United States
support@filmclusive.com
19. TERM AND TERMINATION
These
Legal Terms shall remain in full force and effect while you use the Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT
TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND
USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR
ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE
SERVICES OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING,
IN OUR SOLE DISCRETION.
If we
terminate or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed name,
or the name of any third party, even if you may be acting on behalf of the third
party. In addition to terminating or suspending your account, we reserve the
right to take appropriate legal action, including without limitation pursuing
civil, criminal, and injunctive redress.
20. MODIFICATIONS AND INTERRUPTIONS
We
reserve the right to change, modify, or remove the contents of the Services at
any time or for any reason at our sole discretion without notice. However, we
have no obligation to update any information on our Services. We will not be liable to you or any third
party for any modification, price change, suspension, or discontinuance of the
Services.
We
cannot guarantee the Services will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance related to
the Services, resulting in interruptions, delays, or errors. We reserve the
right to change, revise, update, suspend, discontinue, or otherwise modify the
Services at any time or for any reason without notice to you. You agree that we
have no liability whatsoever for any loss, damage, or inconvenience caused by
your inability to access or use the Services during any downtime or
discontinuance of the Services. Nothing in these Legal Terms will be construed
to obligate us to maintain and support the Services or to supply any
corrections, updates, or releases in connection therewith.
21. GOVERNING LAW
These
Legal Terms and your use of the Services are governed by and construed in
accordance with the laws of
the State of California
applicable to agreements made and to be entirely performed within
the State of
California
, without
regard to its conflict of law principles.
22. DISPUTE RESOLUTION
Informal Negotiations
To expedite
resolution and control the cost of any dispute, controversy, or claim related to
these Legal Terms (each a "Dispute" and
collectively, the "Disputes")
brought by either you or us (individually, a
"Party" and collectively, the "Parties"
), the Parties agree to first attempt to negotiate any Dispute (except
those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration.
Such informal negotiations commence upon written notice from one Party to the
other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through
informal negotiations, the Dispute (except those Disputes expressly excluded
below) will be finally and exclusively resolved by binding arbitration. YOU
UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT
AND HAVE A JURY TRIAL. The arbitration shall
be commenced and conducted under the Commercial Arbitration Rules of the
American Arbitration Association ("AAA") and, where appropriate, the
AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available
at the American Arbitration
Association (AAA) website. Your arbitration fees and
your share of arbitrator compensation shall be governed by the AAA Consumer
Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person,
through the submission of documents, by phone, or online. The arbitrator will
make a decision in writing, but need not provide a statement of reasons unless
requested by either Party. The arbitrator must follow applicable law, and any
award may be challenged if the arbitrator fails to do so. Except where otherwise
required by the applicable AAA rules or applicable law, the arbitration will
take place in
Los Angeles,
California
. Except as otherwise provided
herein, the Parties may litigate in court to compel arbitration, stay
proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the
arbitrator.
If for any
reason, a Dispute proceeds in court rather than arbitration, the Dispute shall
be commenced or prosecuted in the
state and federal courts
located in
Los Angeles,
California
, and the Parties hereby consent to, and waive all defenses of lack of personal
jurisdiction, and forum non conveniens with respect to venue and jurisdiction in
such state and federal courts. Application of the United
Nations Convention on Contracts for the International Sale of Goods and the
Uniform Computer Information Transaction Act (UCITA) are excluded from these
Legal Terms.
In no event shall any Dispute brought by
either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose.
If this provision is found to be
illegal or unenforceable, then neither Party will elect to arbitrate any Dispute
falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and the Parties
agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall
be limited to the Dispute between the Parties individually. To the full extent permitted
by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no
right or authority for any Dispute to be arbitrated on a class-action basis or to utilize
class action procedures; and (c) there is no right or authority for any Dispute
to be brought in a purported representative capacity on behalf of the general public or
any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not
subject to the above provisions concerning informal negotiations binding arbitration:
(a) any Disputes seeking to enforce or protect, or concerning the validity of, any of
the intellectual property rights of a Party; (b) any Dispute related to, or arising
from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive
relief. If this provision is found to be illegal or unenforceable, then neither Party
will elect to arbitrate any Dispute falling within that portion of this provision found
to be illegal or unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and the Parties agree to
submit to the personal jurisdiction of that court.
23. CORRECTIONS
There may be information on the Services
that contains typographical errors, inaccuracies, or omissions, including descriptions,
pricing, availability, and various other information. We reserve the right to correct
any errors, inaccuracies, or omissions and to change or update the information on the
Services at any time, without prior notice.
24. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY
WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO
LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE
SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS
OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR
ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR
MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT
BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
25. LIMITATIONS OF LIABILITY
IN NO EVENT WILL
WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS
OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU
FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE
FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED
TO
THE
AMOUNT PAID, IF ANY, BY
YOU TO US
DURING
THE
six
(6)
mONTH
PERIOD
PRIOR
TO
ANY
CAUSE
OF
ACTION
ARISING
.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS
DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
RIGHTS.
26. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand,
including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) your Contributions;
(2) use of the Services; (3) breach of these Legal Terms;
(4) any breach of your
representations and warranties set forth in these Legal Terms; (5) your violation of the rights of
a third party, including but not limited to intellectual property rights; or
(6) any overt harmful act toward any
other user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume
the exclusive defense and control of any matter for
which you are required to indemnify us, and you agree to cooperate, at your
expense, with our defense of such claims. We will use
reasonable efforts to notify you of any such claim, action, or proceeding which
is subject to this indemnification upon becoming aware of it.
27. USER DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the
Services. Although we perform regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
28. DATA SECURITY AND BREACH LIABILITY
Security
Standards and Reasonable Care. We implement industry-standard
security measures to protect your data, including but not limited to encryption,
secure data transmission, access controls, and regular security assessments.
However, no method of transmission over the internet or electronic storage is
100% secure.
Third-Party
Attack Liability Limitation. WE SHALL NOT BE LIABLE FOR ANY
LOSS, DAMAGE, OR HARM RESULTING FROM UNAUTHORIZED ACCESS, DATA BREACHES, CYBER
ATTACKS, RANSOMWARE, OR OTHER MALICIOUS ACTIONS BY THIRD PARTIES, INCLUDING BUT
NOT LIMITED TO HACKERS, CYBERCRIMINALS, OR OTHER BAD FAITH ACTORS. SUCH ATTACKS
CONSTITUTE FORCE MAJEURE EVENTS BEYOND OUR REASONABLE CONTROL.
Data
Misuse Disclaimer. WE ARE NOT RESPONSIBLE FOR, AND SHALL NOT BE
LIABLE FOR, ANY MISUSE OF YOUR DATA BY UNAUTHORIZED THIRD PARTIES, INCLUDING BUT
NOT LIMITED TO: (1) SALE OF YOUR DATA TO AI COMPANIES OR OTHER ENTITIES; (2)
UNAUTHORIZED SCANNING, PROCESSING, OR ANALYSIS OF YOUR HEADSHOTS, PORTFOLIOS, OR
OTHER CONTENT; (3) IDENTITY THEFT OR FRAUDULENT USE OF YOUR PERSONAL
INFORMATION; (4) ANY OTHER MALICIOUS OR UNAUTHORIZED USE OF YOUR DATA BY
ATTACKERS OR THIRD PARTIES.
Breach
Notification and Response. In the event of a confirmed data
breach affecting your personal information, we will: (1) notify affected users
within 72 hours of discovery; (2) provide details about the nature and scope of
the breach; (3) implement immediate containment measures; (4) cooperate with law
enforcement and regulatory authorities; and (5) take reasonable steps to prevent
similar incidents. However, our notification and response efforts do not create
any liability or obligation beyond what is required by applicable law.
Limitation
of Liability for Security Incidents. NOTWITHSTANDING ANYTHING
TO THE CONTRARY CONTAINED HEREIN, OUR TOTAL LIABILITY FOR ANY SECURITY INCIDENT,
DATA BREACH, OR CYBER ATTACK SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE
TWELVE (12) MONTHS PRECEDING THE INCIDENT, OR $100, WHICHEVER IS GREATER. IN NO
EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
OR PUNITIVE DAMAGES ARISING FROM SUCH INCIDENTS.
User
Responsibility and Assumption of Risk. You acknowledge and
agree that: (1) you use our Services at your own risk; (2) you are responsible
for maintaining the security of your account credentials; (3) you understand
that no security system is impenetrable; (4) you assume the risk of potential
data breaches and cyber attacks; and (5) you will not hold us liable for damages
resulting from such incidents.
29. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and
completing online forms constitute electronic communications. You consent to
receive electronic communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you electronically, via
email and on the Services, satisfy any legal requirement that such communication
be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,
ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND
RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You
hereby waive any rights or requirements under any statutes, regulations, rules,
ordinances, or other laws in any jurisdiction which require an original
signature or delivery or retention of non-electronic records, or to payments or
the granting of credits by any means other than electronic means.
30. CALIFORNIA USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
31. MISCELLANEOUS
These Legal Terms and any policies or operating rules
posted by us on the Services or in respect to the Services constitute the entire
agreement and understanding between you and us. Our failure to exercise or
enforce any right or provision of these Legal Terms shall not operate as a
waiver of such right or provision. These Legal Terms operate to the fullest
extent permissible by law. We may assign any or all of our rights and
obligations to others at any time. We shall not be responsible or liable for any
loss, damage, delay, or failure to act caused by any cause beyond our reasonable
control. If any provision or part of a provision of these Legal Terms is
determined to be unlawful, void, or unenforceable, that provision or part of the
provision is deemed severable from these Legal Terms and does not affect the
validity and enforceability of any remaining provisions. There is no joint
venture, partnership, employment or agency relationship created between you and
us as a result of these Legal Terms or use of the Services. You agree that these
Legal Terms will not be construed against us by virtue of having drafted them.
You hereby waive any and all defenses you may have based on the
electronic form of these Legal Terms and the lack of signing by the parties
hereto to execute these Legal Terms.
32. CONTACT US
In order to resolve a complaint regarding the Services
or to receive further information regarding use of the Services, please contact
us at:
Filmclusive Inc.
Los Angeles, United States
Phone:
(+1)9292554623
konnichiwa@filmclusive.com
13. SOCIAL MEDIA