TERMS OF SERVICE – FUTURE OF FILM LTD
We (the team here at Future of Film Ltd) run this site and would love for you to use it. The site, resources, podcast, videos and related services are designed to aid you the user and to help create film’s future. We really hope you enjoy these resources and find them useful.
If you buy a ticket for one of our online events then these terms also explain your rights and responsibilities around this, and in particular our Refunds policy.
That’s the gist of it. Thanks also to the good folks at Automattic, who have made their more comprehensive Terms of Service available under a Creative Commons Sharealike license, which means that people can borrow some or all of their wording for their own Terms of Service which is what we have done here.
Future of Film Ltd - the company called Future of Film Ltd which includes any of its parents, subsidiaries, affiliates or any related companies including their respective successors and assigns
Online Event – An event, for example a course, seminars, masterclasses or a conference, which from time to time we may hold online
Services – Our online events and any associated and related resources, products, podcasts, blogs, videos, and associated and related services and events
Terms – the rules, provisos, terms, and conditions which govern your use of the Website, our products and the Services, and which are contained in this Agreement
Website – the www.futureoffilm.live website and all content and products available at or through that website, including, but not limited to, associated blogs and associated websites, including alexstolz.com, and any website, web platform, hosting site and app used in connection with any Future of Film Ltd online event
we/our/us – the team at Future of Film Ltd
you/your – the person or legal entity entering into this Agreement
(a) Part One below governs all use of the Website. The Website is owned and operated by Future of Film Ltd, registered office Kemp House, 152-160 City Road, London, EC1V 2NX, UK, company registration number: 12136858, incorporated in the United Kingdom.
(c) Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the Terms. If you do not agree to all the Terms, then you may not access the Website or use any of the Services. If the Terms are considered an offer by Future of Film Ltd, acceptance is expressly limited to the Terms. The Website is available only to individuals who are at least 13 years old.
(d) Part Two below applies if you are purchasing tickets for and/or attending one of our Online Events. Please read this Agreement carefully before purchasing a ticket or attending the event.
(e) Part Three below contains general provisions.
PART ONE: THE WEBSITE
2.Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which futureoffilm.live links, and that link to futureoffilm.live (“non-futureoffilm.live websites and webpages”). We do not have any control over non-futureoffilm.live websites and webpages, and are not responsible for their contents or their use. By linking to a non-futureoffilm.live website or webpage, we do not represent or imply that we endorse such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. We disclaim any responsibility for any harm resulting from your use of non-futureoffilm.live websites and webpages.
3.Copyright Infringement. (a) As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or linked to by futureoffilm.live violates your copyright (“alleged infringing material”), you are encouraged to notify Future of Film Ltd. Future of Film Ltd will respond to all such notices, including if required or appropriate by removing the alleged infringing material or disabling all links to the alleged infringing material.
(b) If you or any visitor to the Website should infringe or repeatedly infringe the copyrights or other intellectual property rights of Future of Film Ltd or others on the Website, Future of Film Ltd may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination or denial of access, Future of Film Ltd will have no obligation to provide a refund of any amounts previously paid to Future of Film Ltd by you or such visitor.4.Corrections, Suggestions, and Complaints. We welcome comments and suggestions, as well as complaints about errors, on the Website that warrant correction. Comments and suggestions, as well as complaints about errors, can be submitted through this form. Readers dissatisfied with a response may reach us via email at legal [at] futureoffilm (dot) live.
5.Intellectual Property. This Agreement does not transfer from Future of Film Ltd to you any Future of Film Ltd or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Future of Film Ltd. Future of Film Ltd, futureoffilm.live, and all other trademarks, service marks, graphics and logos used in connection with futureoffilm.live or the Website are trademarks or registered trademarks of Future of Film Ltd; Alex Stolz; or licensors of the aforementioned companies. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or licence to reproduce or otherwise use any Future of Film Ltd or third-party trademarks. This includes any content broadcast or shared on the Website or at an event.
6.Changes. Future of Film Ltd reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Future of Film Ltd may also, in the future, offer new services and/or features through the Website (including the release of new tools and resources). Such new features and/or services shall be subject to the Terms.
7.Termination. Future of Film Ltd may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. >
8.Disclaimer of Warranties. The Website is provided “as is”. Future of Film Ltd and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Future of Film Ltd nor its suppliers and licensors, makes any warranty that the Website will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability. In no event will Future of Film Ltd, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) interruption of use or loss or corruption of data; or (iv) any amounts that exceed the fees paid by you to Future of Film Ltd under this Agreement during the twelve (12) month period prior to the cause of action. Future of Film Ltd shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
11. Indemnification. You agree to indemnify and hold harmless Future of Film Ltd, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including legal fees, arising out of your use of the Website, including but not limited to those arising out of your violation of this Agreement.
PART TWO – THE ONLINE EVENT
12.Code of Conduct. You agree to follow any policies and codes of conduct applicable to the Online Event posted on the Website and/or reasonably shared with you from time to time by Future of Film Ltd. You agree to the following rules:
(a) participants may not ask questions that are disrespectful, discriminatory or otherwise not professional;
(b) while healthy debates are encouraged, participants must respect the opinions of other participants and speakers;
(c) participants must avoid disruptive behaviour during speaker sessions, such as by causing unnecessary noise or by arriving late to speaker sessions;
(d) participants must not record speakers’ sessions, take pictures of others without permission or otherwise breach the privacy of others; and
(e) if the Online Event is made available through a telecommunication technology or technologies, participants must use any such technology in accordance with its respective terms and conditions.
We, in our discretion, and without any liability or obligation to refund, reserve the right to refuse participation to anyone who fails to comply with the above.
13.Changes or cancellation of the Online Event.
(a) We try to make sure that the Online Event programmes, speakers, topics, platform, format and dates are correct at the time of publishing. Circumstances beyond our control may necessitate substitutions, alterations, postponements, or cancellations to the content, format, themes, name, performers, hosts, moderators, venue, timing, platform or dates of the Online Event. We reserve the right to do so at any time and will not be liable to you for ANY cost incurred by you as a result.
(b) We will endeavour to notify you as soon as reasonably practicable of any substitutions, postponements, or changes by posting the updated information on the Website.
(c) IF THE ONLINE EVENT IS POSTPONED AND YOU HAVE BOOKED TICKETS WE WILL PROVIDE YOU WITH ACCESS TO THE ONLINE EVENT AT A LATER DATE. NO REFUNDS WILL BE PROVIDED IF THE ONLINE EVENT IS POSTPONED.
(d) In the unlikely event of cancellation of the Online Event, our total aggregate liability to you is limited to the refund of paid fees that remain after credit card and payment processing or booking fees have been incurred and deducted, and we will not be liable to you for any expenditure, damage or loss incurred by you as a result of the cancellation.
14. Photography, audio and video recording. By attending the Online Event you acknowledge and agree that when you choose to participate in Webinar elements of the Online Event you are giving Future of Film Ltd consent to store recordings for any or all webinars or video conferences that you join, if such recordings are in our systems. You will receive a notification (visual or otherwise) when recording is enabled. If you do not consent to being recorded, you can choose to leave the meeting or webinar. You agree to permit us, or any third party licensed by us, to use, distribute, broadcast, or otherwise globally disseminate your likeness, name, voice and words in perpetuity in television, radio, film, newspapers, magazines and other media now available and hereafter developed, both before, during and any time after the Online Event, and in any form, without any further approval from you or any payment to you. This grant includes the right to edit the media, the right to use the media (alone or together with other information), and the right to allow others to use or distribute the media.
15. Your attendance at the Online Event. You are responsible for advising us at the time of making your booking regarding any special access requirements you require at the Online Event. We will make every effort to fulfill access requirements notified to us at the time of booking. We may not be able to fulfill any access requirements notified to us at a later stage.
16. Third party links. The Online Event or the Services may contain links to third parties and to contributions uploaded by participants, including videos, images, descriptions, links and other content. We are not responsible for or liable to these third party sites, and you should review any terms and conditions when entering those sites or viewing their content.
17. Personal use only. The Services and the Online Event are for your personal use only and may not be shared with individuals beyond your household. For the duration of the Online Event we grant you a limited, non-exclusive, non-transferable right to access the Services and view the Online Event. Except for this, no right, title or interest shall be transferred to you.
18. Usage terms.
(a) Access to the Online Event and use of the Services requires compatible devices, and certain software (including third party software) may be required or may need updating, and your use of the Services and Online Event may be affected by the performance of these elements.
(b) You must have a high speed internet connection in order to access the Online Event and the Services. When accessing the Online Event or the Services through a mobile network, your network or roaming network will apply fees for data usage.
(c) You are responsible for ensuring that you have the correct device and software to access the Online Event and the Services.
20. Intellectual property rights.
(a) All intellectual property rights (“IP”) in and to the Online Event, the Online Event content, the Services and all materials distributed at or in connection with the Online Event are owned by us, our related companies, and/or the Online Event sponsors or speakers participating in the Online Event. You agree not to reproduce, modify, distribute, license, perform, publish, create derivative works from or use (except as authorised and in accordance with the Terms) the Online Event or the Services for any reason.
(b) Nothing in the Terms shall vest in you any legal or beneficial right in or to any IP owned or used under licence by us or our related companies, or grant to you any right or licence to any other IP vested in us or our related companies. All such IP shall remain the exclusive property of us and our related companies.
(c) It is strictly forbidden for any company, organisation, or person to attempt to host or organise any event in conjunction with, contiguous to or purporting to be related to the Online Event or its affiliates without the express prior permission and cooperation of us. We reserve their right to take such action (legal or otherwise), including a claim for damages as we, in our sole discretion, deem appropriate in the circumstances.
21. Acceptable Use. When accessing and participating in the Online Event you agree to do so in accordance with all relevant and applicable laws; in particular you are prohibited from:
- (a)violating any law, statute, ordinance or regulation;
- (b)using the Services for any illegal purpose;
- (c)promoting or providing information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any illegal acts;
- (d)uploading or transmitting through the Services any computer viruses, macro viruses, Trojan horses, worms or any other harmful activity;
- (e)overriding any security feature of the Website or jeopardising the security of your account or someone else’s account (such as allowing someone else to log in to the Website or use the Services as you);
- (f)interfering with the operation of, or placing an unreasonable load on, the Website (such as viruses, denial of service attack or gaming algorithms);
- (g)using manual or automated software, devices or other means or processes to access, scrape or crawl the Website or any content or information contained in it or the Services;
- (h)engaging in ‘framing’, ‘mirroring’, or otherwise simulating the appearance or function of the Website;
- (i)removing any copyright, trademark or other proprietary rights notices contained in or on the Website or from the Online Event;
- (j)modifying, creating derivative works or copying or storing any significant portion of the Website or Online Event or any related technology (unless allowed by law or we expressly so authorise);
- (k)using filming equipment or other devices to record the Online Event;
- (l)using the Website (or any part of it) in any manner designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or Website or in a manner which may result in; (i) the Website and/or the Online Event being interrupted, damaged, rendered less efficient or; (ii) sharing any material which is unlawful, libellous, abusive, obscene, pornographic, discriminatory, harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, invasive of another’s privacy, hateful or otherwise objectionable, defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety; (iii) impairing the effectiveness or functionality of the Website or the Online Event; or (iv) violating or infringing the rights of any person, firm or company (including, but not limited to, IP, confidentiality and/ or privacy) of the Website;
- (m)attempting to grant any unauthorised access to any part or component of the Website;
- (n)copying or distributing any part of the Website in any medium without our prior written consent;
- (o)altering or modifying any part of the Website other than as may be reasonably necessary to use the Website for its intended use;
- (p)reverse engineering, decompiling, disassembling, deciphering or otherwise attempting to obtain the source code or underlying ideas or information of or relating to the Website or any related technology, or any part thereof unless allowed by law;
- (q)compromising the security of the Services such as transmitting viruses, malware or destructive code;
- (r)attempting to circumvent restrictions on access or usage;
- (r)tampering with the Services or accounts of users such as hacking;
- (t)harvesting, gathering or sharing private information from the conference, Services or accounts of its users without consent; or
- (u)partaking in hostile activities aimed at damaging the conference, Services or accounts of its users.
We may terminate or restrict your use of the Services if you violate the Terms or are engaged in illegal or fraudulent use of the Services.
22. Your Messages. We may permit you to send messages and other communications to us or to other users via the App and/or Website (“your Messages”). You are solely responsible for your Messages and the consequences of sending them, and expressly release us and agree to hold us harmless, from all and any liability arising from your Messages. You grant us (and we accept) a global right to use, store, and reproduce your Messages for the limited purpose of facilitating sending them to your chosen recipients (and we may also use third party service providers to facilitate the sending of your Messages). You represent and warrant that your Messages will not infringe any third party right of others.
23. Your Contribution.
(b) You are not permitted to engage in or attempt to engage in any activity in breach of the Terms, this includes:
(i) Impersonating or misrepresenting an individual or entity in a manner that is considered misleading or deceptive;
(ii) Partaking in activities that are considered fraudulent, unlawful or false, such as scams;
(iii) Using our site in any way that breaches any applicable local, national or international law or regulation;
(iv) Sending mass solicitation material without intent or purpose, such as spam;
(v) Knowingly transmitting any data, or sending or uploading any material, that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
(vi) Knowingly sending, receiving, uploading, downloading, using or re-using any material that does not comply with our content standards;
(vii) Violating the privacy of individuals, or distributing confidential or personal information relating to individuals;
(viii) Violating or infringing any intellectual property or proprietary rights of individuals or entities, including but not limited to copyrights.
(c) You may not use your username, display name, or profile bio to engage in any practice prohibited by the Terms.
(a) To the extent permitted by the applicable law, we disclaim all warranties or conditions, either express or implied, or any part of them in respect of any aspect of the Online Event or any related materials. You acknowledge and agree that in accepting the Terms you have not relied on any representation or warranty that is not expressly included in the Terms and you agree that you shall have no remedy in respect of any misrepresentation which has not become a part of the Terms.
(b) The Online Event, including but not limited to videos, transcripts, audio etc., is made available “as is” and we do not offer any warranty of any kind, or represent that the Online Event will be accurate, complete, or error-free. We are not liable for the usage of, implementation of, impact from, or communication of the ideas presented in any element of the Online Event.
25. Limitation of Liability.
(a) You acknowledge and agree that views expressed by speakers at or in connection with the Online Event are their own and we do not accept any responsibility or liability for any advice given or views expressed during or in connection with the Online Event.
(b) Materials shared or distributed at or in connection with the Online Event are intended for information purposes only and should not be relied upon by you or others. We and our related companies do not provide any guarantees, conditions or warranties that the materials are complete or accurate and do not accept any responsibility or liability for reliance by you or any person on any aspect of the Online Event and/or any information provided at the Online Event.
(c) To the fullest extent allowed by applicable law:
(i) we and our related companies shall not be liable to you whether in contract, tort (including for negligence), misrepresentation, restitution or otherwise for any for any loss of profits; loss of sales or business; loss of agreements or contracts; loss of anticipated savings; loss of income; loss of opportunity; loss of or damage to goodwill; loss of use or corruption of software, data or information; and/or similar losses or pure economic loss, or for any indirect or consequential loss, costs, damages, charges or expenses however arising under or in connection with the performance or contemplated performance of the Terms, even if we had been advised of the possibility of same in advance;
(ii) subject to sub-paragraph 26 (c) (iii) below, our total aggregate liability in contract, tort (including negligence), misrepresentation, restitution or otherwise, arising under or in connection with the performance or contemplated performance of the Terms is limited to the total amount paid by you to us for your ticket to participate in and access the Online Event, after deduction of the payment of any processing or booking fees or bank charges applicable;
(iii) Nothing in the Terms purports to exclude or limit liability for any fraudulent statement or act or in respect of any liability that cannot be excluded or limited under applicable law.
26. Indemnity. You agree to defend, indemnify, and hold us, our related companies, affiliates, subsidiaries, joint ventures, third-party service providers, and our respective employees, contractors, agents, officers, and directors harmless from all claims, liability, damages, losses, costs and expenses, including legal fees, that arise out of or are related to any breach of the Terms by you or any other liabilities incurred by us arising out of your attendance at, participation in, or access to the Online Event.
27. Force majeure.
(a) It is possible that the Online Event and/or any of the Services may not be available at any given time due to or as a result of (i) power or server outages or issues (ii) update or maintenance periods (iii) acts of God, storm, hurricane, typhoon, tidal wave, flood, drought, earthquake or other natural disaster; (iv) disease, epidemic, outbreak, pandemic, plague, curfew restriction, civil restriction, lockdown, quarantine, border closures, break-down of travel, restrictions on travel, or compulsory closures; (v) terrorist attack, civil war, civil commotion, civil disorder, riot, war, invasion, threat of or preparation for war, hostilities, armed conflict, biological, chemical or cyber attack, or computer virus, imposition of sanctions, embargo, or breaking off of diplomatic relations; (vi) nuclear, chemical or biological contamination or sonic boom; (vii) any law or any action taken by a government or public authority; (viii) collapse or unavailability of buildings or facilities through fire, flood, explosion, infestation, disease or accident; (ix) any labour or trade dispute, disruption, strike, industrial action or lockout; (x) non-performance by suppliers or subcontractors; (xi) interruption or failure of utility service and/or (xii) electronic or communications failure; or (xiii) any other reason beyond the control of Future of Film Ltd. We will take reasonable efforts to provide you with notice of interruption to the Services or Online Event.
(b) We are not liable if the Online Event, or the provision of any of the Services, is, in whole or in part, cancelled, rescheduled or postponed, or for any failure or delay to perform our obligations under the Terms, if this results from anything beyond our reasonable control including for the reasons set out in Clause 27 (a) (i) to (xiii) above or anything else that renders performance of the Online Event, in whole or in part, or the provision of any of the Services impracticable, illegal or impossible.
28. Attendee terms.
(a) Tickets and pricing. (i) Ticket prices for the Online Event are correct at the time of publication. (ii) We reserve the right to change the ticket prices at any time but any changes will not affect tickets that have already been purchased. (iii) A valid ticket entitles you to access the Online Event as an Attendee online.
(b) Delivery. Once a successful ticket transaction has been completed, tickets are delivered in electronic soft-copy via email to the email address nominated by the Attendee. For some ticket types it may be necessary to complete required information such as the Attendee name or tax identification number before the tickets can be issued.
(c) Receipt. The ticket acts as a receipt for the transaction and can be used to gain access to the Online Event listed on the ticket. The ticket reference number can be used to access the mobile app, in order to register for the Online Event.
(d) Attendee details. All tickets must be assigned to an Attendee, and all Attendee details must be complete within 30 days of receipt of your ticket.
(e) Special Offers. We are not obligated to offer any special offers or discounts for the Online Event and reserve the right to change or withdraw a discount offer at any time in our sole discretion.
(f) Ticket name changes. Ticket name changes may be permitted. Please email firstname.lastname@example.org to request a name change. There is an administrative fee of £5.00 for changing a ticket name.
(g) Refund and cancellation.
(i) Your ticket remains our property and is a personal revocable licence, which may be withdrawn, and access to the Online Event may be refused at any time upon a refund of the printed registration price.
(ii) You have the right to cancel your purchase of a ticket within 10 calendar days of purchase of the ticket (“the 10-day period”), without giving any reason and, subject to Clause 28 (g) (iii) below, to receive a reimbursement of payment less deduction of the amounts set out in Clause 28 (g) (v) below.
(iii) You need to notify us within the 10-day period in writing of your decision to cancel your Online Event. However, you acknowledge that when you purchase a ticket to the Online Event you agree to the immediate download of digital content and that if you have accessed the Online Event, the Services or any digital content, you lose your right to withdraw.
(iv) All purchases of Online Event tickets are non-refundable after the end of the 10-day period, or within the 10-day period but after the event has started.
(v) You acknowledge that all refunds, other than in the case of cancellation of the Online Event by us, are subject to deduction of:
credit card fees; payment processing or booking fees; and a £10.00 transaction fee (or the currency equivalent as otherwise advised, depending on the currency of your original transaction). (h) No reselling. (i) The tickets you purchase are for your own personal use and may not be resold under any circumstances, including but not limited to use as part of any promotion or competition. This includes subsidised tickets.
(ii) Reselling or otherwise transferring your ticket, otherwise than in accordance with the Terms, will void the ticket and the ticket holder will not gain access to the Online Event. Where there has been any resale or attempted resale of any tickets, or any other breach of this term, we reserve the right to cancel the relevant tickets with immediate effect.
(iii) We reserve the right to cancel any ticket purchase made by any person or body whom we reasonably believe to be associated with any ticket reselling or ticket broker.
(i) Age limitation.You must be over 18 years of age to attend our events.
PART THREE - GENERAL
29. Validity. This Agreement constitutes the entire agreement between Future of Film Ltd and you concerning the subject matter hereof, and may only be modified by a written amendment signed by an authorized executive of Future of Film Ltd, or by the posting by Future of Film Ltd of a revised version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any of the Terms or any breach thereof, in any one instance, will not waive such term or any subsequent breach thereof.
30. Assignment. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, the Terms; Future of Film Ltd may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
31. Survival. The clauses of the Terms which by their nature should survive if this Agreement between you and Future of Film Ltd is terminated, shall survive such termination. If any provision or provisions of the Terms shall be held to be unenforceable, invalid or illegal, the validity, legality and enforceability of the remaining provisions shall remain in effect and full force.
32. Jurisdiction. Each party to this agreement irrevocably agrees that the courts of England shall have exclusive jurisdiction to hear, settle and/or determine any dispute, controversy or claim (including any non-contractual dispute, controversy or claim) arising out of or in connection with this agreement, including any question regarding its existence, validity, formation or termination. For these purposes, each party irrevocably submits to the jurisdiction of the English courts.