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Filmiere Terms of Service Agreement

  • Visitors, Users and Members to Filmiere.com agree to the following Terms and Conditions, Terms of Service along with Terms of Use.
  • All Visitors, Users and Members of Filmiere.com are bound by The Terms of Conditions, Service and Use, along with Cookie Policies, Privacy Policies and Community Guidelines.
  • Paid Members are required to read, understand and agree to all The Terms of Conditions, Service and Use Cookie Policies, Privacy Policies and Community Guidelines before submitting payment.
  • Filmiere (The Portal) reserves the right to amend, update and or change the Terms of Conditions, Service and Use Cookie Policies, Privacy Policies and Community Guidelines by providing notice to users and members.
  • The following Terms of Conditions, Service and Use, Cookie Policies, Privacy Policies and Community Guidelines represent the entire agreement between Users, Members and Filmiere. Users and Members should preserve a copy for future reference.

Membership Services and Responsibilities of Filmiere

  • Filmiere is an online portal that provides a membership based Social Media and Freelance Clearinghouse for those engaged in all aspects of the film industry. Paid Members are entitled to use all the services including free online chat, classified postings and other free ad services on Filmiere.
  • Free Memberships are granted limited access to browse certain areas of the Site, Portal. They are not granted in depth access to other member profiles, interactive chat or the ability to answer ads from paid Members.
  • Paid Members are granted unrestricted use of the Portal in accordance with all services when in good standing and compliance with Terms of Conditions, Service and Use, Cookie Policies, Privacy Policies and Community Guidelines.
  • Paid Memberships in Filmiere is limited to legal adults over 18 years of age.
  • Filmiere at its discretion will require identity verification as it sees fit to activate a Membership. Presenting fraudulent or falsified identification to Filmiere during the identity verification process is grounds for immediate termination of Membership which may include a lifetime ban to signing up for future memberships at Filmiere.
  • Filmiere retains the right to cancel, prohibit, ban and otherwise limit access to any person who perpetrates fraud in any form.
  • Members should report any suspected fraud to Filmiere.
  • Filmiere does not warranty payment or terms of service contracts between members.
  • Members are required to use their legal identity or registered company name when signing up for a membership, publicizing a profile and in business engagements with other members.
  • All Members of Filmiere are required to use due diligence in entering any business arrangement with other Members.
  • Filmiere does not endorse nor guarantee the validity of any business proposition between Members.
  • The sole purpose of the Filmiere Portal is to provide a platform for like minded individuals and companies engaged in the film industry.
  • Paid Members will be granted full access to Filmiere during the time of their Membership.
  • Subscription Memberships will automatically renew for a similar term unless cancelled by Member.
  • Refunds by Filmiere are limited to the unused portion of the Membership. Used portions will be prorated at the normal monthly/ yearly Membership fee.
  • Services for paid Members include full access to other Members profiles, contact information, advertisements and interactive chat.
  • Members are again warned that all business arrangements between Members are the sole responsibility of the Member. The same usual and customary due diligence is required when entering into a business agreement on Filmiere as it is in any other business transaction.
  • By agreeing to the terms of Membership you agree to hold Filmiere harmless in any damages occurred in any business transaction with other Members.
  • Filmiere is a Portal for film industry professional to meet, discuss and further their careers. Filmiere does not endorse, warranty, guarantee or otherwise vouch for Members. Any business transactions between Members are at their sole discretion, Filmiere does not have a monetary stake in transactions between members.

Membership Billing

  • Filmiere does not charge a commission or fee on any payments made between Members. Filmiere Members are only billed for their Membership. Members in good standing have full access to The Portal, and Web Site and may engage with Members free of any other fees and commissions owed to Filmiere.
  • Members are advised that transactions between Members are the exclusive responsibility of the parties to the transaction. Due diligence is required by each Member when entering a financial transaction with any other Member or Advertiser. Filmiere accepts NO RESPONSIBILITY not does it WARRANTY, GUARENTEE or CONDONE any business transaction between Members.
  • Financial Transactions between Members are undertaken with the full responsibility of each Member. This includes any profit or loss consequences and tax reporting to the governing legal authorities.
  • When accepting the Terms of Conditions, Service and Use, Cookie Policies, Privacy Policies and Community Guidelines and making a payment for Membership to Filmiere, you agree that charges will be made through a third-party Billing Agent. The Billing Agents may include Worldpay, Interactive Payment Services Limited, PayPal or Apple Pay, but are not limited to these payment options. For the purposes of privacy and the GDPR, Worldpay, IPS, and other billing agents may be considered a Data Controller wherever personal transactional data is processed.
  • Processed payments through a Billing Agent does not alter the Terms of Conditions, Service and Use.  Cookie Policies, Privacy Policies and Community Guidelines which are agreed to by applicant for Membership in Filmiere. The terms of clearing the financial transaction to pay Filmiere for your Membership does not alter any of the Terms of Conditions, Service and Use, Cookie Policies, Privacy Policies and Community Guidelines to which you agree when applying for Membership or while using the services of Filmiere.

Payment Method

  • The terms of your payment will be based on Members chosen Payment Method and may be determined by your financial institution, credit card issuer or other provider. You authorize Filmiere to charge your chosen payment method, and securely store your payment method so that you can continue to receive the Service.
  • If you become aware of fraudulent use of your card or it is lost or stolen, you must notify your Payment Method Provider. When Filmiere or its Billing Agents are obliged as a merchant to refund payment, we will do so to meet our merchant obligations. If Filmiere or its Billing Agents does not receive payment from your Payment Method Provider or must refund payment pursuant to its merchant obligations, you agree to pay all amounts due on your Billing Account upon demand. Filmiere and its Billing Agents reserve the right to correct any errors or mistakes it makes even if it has already requested or received payment

Recurring Billing

  • Filmiere Members agree that their Membership requires recurring billing based on their chosen terms. Memberships will automatically be renewed for the same Membership Subscription term as originally selected. Members will automatically be billed for renewals 10 days before the expiration of their Membership.
  • Filmiere Members accept responsibility for all recurring charges prior to cancellation. To change or cancel your subscription at any time, go to your Membership Dashboard or email Filmiere at MembershipServices@filmiere.com.
  • By not notifying Filmiere of your desire to affect a cancellation of Membership at least 10 days prior to your Membership expiration you agree that Filmiere has the right to charge your Membership renewal fee to your preferred payment method. If your preferred payment method fails to authorize payment this does not waive The Filmiere right to seek payment and or fees directly from you.

Responsibility to Provide Current Information and Identity

  • Filmiere Members are required to provide current, complete and accurate information for Billing Accounts. Members must update any information that changes (such as a change in billing address, credit card number, or credit card expiry), and notify Filmiere if Payment Method is cancelled or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password.
  • Changes to such information can be made by emailing MembershipServices@filmiere.com or directly contacting Filmiere Customer Service.
  • Members who fail to provide Filmiere with any of this information agree that Filmiere may continue charging your original billing method for any use of the service under your Billing Account unless you have cancelled your Membership subscription for the service upon expiration of your current membership plan by notifying and receiving a response from Filmiere Membership Services.
  • Members must provide legal identity information when subscribing and while using the Service provided by Filmiere including when entering transactions financial or otherwise with other Members. Any identity fraud is recognized as a breach of contract.

Indemnity

  • When agreeing to a Membership by submitting your payment, you are implicitly agreeing to release, indemnify and keep indemnified Filmiere from and against all actions, claims, costs (including legal costs and expenses) losses, proceedings, damages, liabilities, or demands suffered or incurred by any person arising out of or in connection with your use of our Services, the Website, Portal or the App.

Breach

  • If you breach any of the Terms of Conditions, Service and Use, Cookie Policies, Privacy Policies and Community Guidelines, Filmiere reserves the right to limit your activities on The Portal.  We may limit specific rights regarding your access to chat, profile files, advertising or classifieds without affecting one or more of the Services provided to you by the terms of your membership.
  • You agree that if Filmiere limits or terminates your Membership for a breach of the Terms of Conditions, Service and Use, Cookie Policies, Privacy Policies and Community Guidelines, we may notify other Members that you have had contact with of your ban and or limitations and the reason that such action was taken.

Cancellation

  • You may cancel at any time with prior notice to Filmiere. Notice of cancellation must be acknowledged by Filmiere.  Such notice does not affect payments processed before Filmiere could reasonably act to cancel your Membership.
  •  To cancel your authorization or change your Payment Method, go to your subscription page or email MembershipServices@filmiere.com. When you cancel, you may use your subscription until the end of your current subscription term. Your Membership subscription will not be renewed after your current term expires and no further subscription payments will be authorized. No partial or prorated refunds will be given for unused portions of your Membership subscription term.

Price Changes

  • Filmiere reserves the right to increase fees, introduce new pricing or run special pricing promotions to attract new Members. No price change will affect current Memberships. Pre-authorized Membership renewals will continue at the same price as the original Membership unless a longer term at a better rate is selected by Member.

Refunds

  • Members have the right to cancel their Membership subscription with Filmiere within the first 30 days of the subscription. Refunds will be issued based on a prorated rate of the unused Membership Subscription. Please allow 5-7 days for your refund to be processed back to your original payment method.
  • Refunds will not be given outside the first 30-day period or for subsequent payments. Members can cancel subscriptions at any time to prevent future renewal charges. To cancel your subscription, go to your subscription page or contact us at MembershipServices@filmiere.com.
  • No refunds will be issued if a Membership to Filmiere is cancelled, revoked or removed due to a breach of the Terms of Conditions, Service and Use, Cookie Policies, Privacy Policies and Community Guidelines.
  • Any refunds given at the discretion of Filmiere outside of this policy will be subject to an administration fee charged by our billing agent.

Upgrades/downgrades to membership

  • You may upgrade or downgrade your Membership subscription at any time by going to your subscription dashboard or by contacting Filmiere at MembershipServices@filmiere.com.
  • If you decide to downgrade your Membership subscription mid-way through a current subscription, it will take effect on your next Membership subscription renewal payment. You may continue to use the benefits of your current subscription until your subscription renews at the downgraded rate.
  • Members who upgrade their Membership subscription during their current Membership subscription will be charged a pro-rata payment for the upgrade based on the remaining amount of time left on the current Membership subscription term. If the upgrade is close to your next subscription payment date (within 14 days of renewal for a 1 month membership, or 1 month of renewal for a 3 or 6 month membership), you will be charged the full amount of the upgrade, your upgrade will start immediately, and your upcoming subscription payment date and expiry date will be deferred from this day (by 1, 3 or 6 months, dependent on the length of your subscription term).
  • Membership upgrades will only be refunded if you meet the criteria for a refund within the first 30 days of your initial subscription, and the full subscription is being cancelled and refunded.
  • No partial refunds will be given for unused portions of your Membership subscription term, for subscription upgrades or downgrades, or for any other reason.

Viruses

  • Filmiere takes reasonable steps to prevent the introduction of viruses or other destructive materials to our Website, associated microsites, or online service. Filmiere does not guarantee that the Service or materials that may be available from Filmiere does not contain such destructive features. Filmiere shall not be liable for any damages or liability attributable to such features. If you use any materials from other Members or advertisers available through Filmiere, Members do so solely at your own risk.
  • Members are advised and required to use due diligence in applying accepted anti-virus, malware and spyware practices when using the Filmiere Portal when accessing it on their device. Any downloads between Members should be thoroughly checked before accepting and executing them on your device.
  • Filmiere is NOT responsible for destructive materials, programs or executed programs exchanged between Members.
  • Any Member who is identified as introducing viruses, malware, spyware or tracking programs on Filmiere will be terminated and reported to any controlling legal authority.

Site access

Access to Filmiere may be interrupted, restricted, or delayed from time to time. We will not be liable for damages or costs during these interruptions.

Prohibitions

Members are responsible for ensuring that no material you post, or which is posted through a device on which you access Filmiere, nor any activity or communication you make in connection with any Filmiere Service, will be capable of:

  • Infringing the intellectual property, right to privacy, or other rights of any person or entity
  • Breaching any applicable law, whether criminal, tortious or otherwise
  • Appearing to be offensive, threatening, harassing, obscene, pornographic, fetish, false, unreliable or misleading; or
  • Being considered spam or unwanted advertising of products or services.

Filmiere reserves the right to report to authorities or remove any material from the Portal, Website where we consider it appropriate.

Filmiere reserves the right to monitor transactions between Members that is reported as suspicious for the purpose of investigating the report.

Applicable law and jurisdiction

  • Filmiere is operated from the Country of Estonia. Membership use, subscriptions and agreements with Filmiere, which includes Terms of Use, Privacy Policy, Cookie Policy, and Community Guidelines and any other payment and renewal agreements with Filmiere arising from our Website or Portal are governed by the laws of Estonia. Any dispute arising in relation to your agreement with Filmiere, and any agreement arising from our Website or the portal will be resolved and is governed by the laws of Estonia that may pertain to Membership in Filmiere.

Inaccurate information

  • All information provided to Filmiere by Members must be complete and accurate information. If your information changes Members are responsible for providing Filmiere with the updated information. We shall not be held liable for any loss, damage or consequences as a result of inaccurate or incomplete information we receive from Members during their subscription including the corresponding financial transactions.

Password and sign-in security

  • Members are responsible for any use of our online Filmiere Services with your password and protecting your password from unauthorized use. You are also responsible for the security of any computer where you choose to remain signed in to Filmiere.

Links

  • Filmiere in accepting advertising may provide, third parties may provide, or Members may provide links to other Internet sites or resources. Filmiere has no control over such sites and resources and does not endorse any links provided by advertisers or other Members.
  • As a Filmiere Member, you  acknowledge and agree that Filmiere is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
  • Members also acknowledge and agree that Filmiere shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource.

Member contact

  • When you create a profile on Filmiere, you understand that Filmiere will publish your information and photos and allow other Filmiere members to contact you through chat and your published contact information.
  • Members are responsible for diligence in corresponding with another Member through Filmiere.
  • As a Member of Filmiere you agree that will not use the contact system to send junk mail, spam, offensive messages, or for any purposes other than those directly related to film projects.
  • Filmiere will be the sole judge of any breach of the conditions of use.
  • Any breach of these conditions can result in your membership being terminated and a permanent ban from Filmiere.
  • No refund will be given if you have breached the conditions of use.

Sharing your content and information

  • Any material submitted by you through the Website and/or the portal may be read and used by Filmiere and utilized for marketing purposes indefinitely, subject to the terms of the Privacy Policy to the extent such material is your personal information.
  • Your material may appear in Google and other search engines as a result of being published on Filmiere.
  • Filmiere can reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display your information, in whole or part,  worldwide and or to incorporate it in other works in any form, media, or technology now known or later developed. As a Member of Filmiere, you also warrant that any moral rights in your information have been waived.