Last Updated: June 30, 2023
Please carefully read the following terms and conditions before using our service.
Capitalised terms used in these terms and conditions have specific meanings defined under certain conditions. The definitions provided shall have the same meaning whether used in the singular or plural form.
For the purposes of these Terms and Conditions:
1.1 Affiliate refers to an entity that controls, is controlled by, or is under common control with a party. "Control" in this context means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.
1.2 Account means a unique account created for you to access our Service or its parts.
1.3 Country refers to the United Kingdom.
1.4 Company (referred to as "the Company," "We," "Us," or "Our" in this Agreement) refers to FILMD Ltd, located at 5 Ribblesdale Place, Preston, England, PR1 8BZ.
1.5 Content refers to text, images, or any other information that can be posted, uploaded, linked to, or made available by you, regardless of its form.
1.6 Device means any device capable of accessing the Service, such as a computer, cellphone, or digital tablet.
1.7 Feedback means any feedback, innovations, or suggestions sent by you regarding the attributes, performance, or features of our Service.
1.8 Free Trial refers to a limited period of time that may be free when purchasing a Subscription.
1.9 Promotions refer to contests, sweepstakes, or other promotions offered through the Service.
1.10 Service refers to our website.
1.11 Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to you.
1.12 Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that constitute the entire agreement between you and the Company regarding the use of the Service.
1.13 Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available through the Service.
1.14 Website refers to FILMD, accessible from https://www.filmd.co.uk and https://app.filmd.co.uk.
1.15You means the individual accessing or using the Service, or the company or other legal entity on whose behalf such individual is accessing or using the Service, as applicable.
2.1 These are the Terms and Conditions governing the use of our Service and the agreement between you and the Company. These Terms and Conditions outline the rights and obligations of all users in relation to the Service.
2.2 Your access to and use of the Service are conditional upon your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.
2.3 By accessing or using the Service, you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions, you may not access or use the Service.
2.4 You represent that you are over the age of 18. The Company does not permit individuals under 18 to use the Service.
2.5 Your access to and use of the Service are also conditional upon your acceptance of and compliance with the Company's Privacy Policy. Our Policy describes our policies and procedures regarding the collection, use, and disclosure of your personal information when you use the Application or the Website. It also informs you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using our Service.
Certain parts of our Service are only available through a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly, or annually), depending on the Subscription plan you select.
3.2 Subscription Cancellations:You have the option to cancel the automatic renewal of your Subscription either through your Account settings page or by contacting the Company. Please note that no refunds will be provided for fees already paid for the current Subscription period, and you will have access to the Service until the end of your current Subscription period.
3.3 Billing:You are responsible for providing accurate and complete billing information, including your full name, address, county, postcode, telephone number, and valid payment method details.
In the event of automatic billing failure, the Company will issue an electronic invoice. You will be required to manually make the full payment within a specified deadline, as indicated on the invoice.
3.4 Fee Changes:The Company reserves the right to modify the Subscription fees at any time, at its sole discretion. Any changes in Subscription fees will become effective at the end of the current Subscription period. We will provide reasonable prior notice of such fee changes, allowing you an opportunity to terminate your Subscription before the modified fees take effect.
3.5 Refunds:Except when required by law, paid Subscription fees are non-refundable. However, the Company may consider certain refund requests for Subscriptions on a case-by-case basis, solely at its discretion.
The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period. If you choose to sign up for the Free Trial, you may be required to provide your billing information.
4.2 Free Trial Billing:During the Free Trial period, you will not be charged by the Company. However, on the last day of the Free Trial period, unless you cancel your Subscription, you will be automatically charged the applicable Subscription fees based on the Subscription type you selected.
4.3 Modification or Cancellation:The Company reserves the right to modify the terms and conditions of the Free Trial offer or cancel it at any time without prior notice.
Any Promotions made available through the Service may be subject to separate rules, distinct from these Terms. If you participate in any Promotions, we advise you to review the applicable rules along with our Privacy Policy. In the event of a conflict between the Promotion rules and these Terms, the rules specific to the Promotion will prevail.
When creating an account with us, you must provide accurate, complete, and current information at all times. Failure to do so constitutes a breach of these Terms, and we may terminate your account immediately.
6.2 Account Security:You are responsible for safeguarding the password used to access the Service. Any activities or actions carried out under your password, whether by you or a third party, are your responsibility. You agree not to disclose your password to any third party and must promptly notify us of any security breach or unauthorised use of your account.
6.3 Username Usage:You may not use a username that belongs to another person or entity without appropriate authorization. Additionally, usernames that are offensive, vulgar, obscene, or infringe upon the rights of others are prohibited.
Our Service enables you to post content. You are solely responsible for the Content you post, including its legality, reliability, and appropriateness.
By posting Content on the Service, you grant us a non-exclusive, royalty-free, worldwide licence to use, modify, publicly perform, publicly display, reproduce, and distribute the Content on and through the Service. You retain ownership of your rights to the Content, and this licence allows us to make your Content available to other users of the Service, subject to these Terms.
7.2 Content Restrictions:The Company is not responsible for the content posted by users of the Service. You understand and agree that you are solely responsible for the Content you post and any activity that occurs under your account. You may not transmit any Content that is unlawful, offensive, threatening, defamatory, or otherwise objectionable. This includes, but is not limited to, Content that promotes unlawful activity, discriminates against specific groups, constitutes spam or unauthorised advertising, contains viruses or malware, infringes on the rights of others, or violates privacy.
The Company reserves the right, at its discretion, to determine the appropriateness of any Content and may refuse or remove such Content. We may also make formatting and editing changes to Content. Additionally, if you post objectionable Content, we may limit or revoke your use of the Service. Please note that we cannot control all the content posted by users or third parties, and you acknowledge and accept that the Company is not liable for any content posted by others.
7.3 Content Backups:While we perform regular backups of Content, we do not guarantee that there will be no loss or corruption of data. Backup points may be affected by factors such as pre-existing Content corruption or changes during the backup process. Although we will provide support and attempt to troubleshoot any backup issues, we are not liable for any loss or damage resulting from the integrity of Content or the inability to restore Content to a usable state. It is your responsibility to maintain a complete and accurate copy of any Content independent of the Service.
The granting of accreditation is at the sole discretion of FILMD. FILMD reserves the right to approve or deny accreditation applications based on its evaluation of the applicant's qualifications and adherence to accreditation criteria.
8.2 Specific Profession/Job Role:Accreditation is specific to the chosen profession/job role within the filmmaking industry. FILMD reserves the right to define the eligible professions/job roles for accreditation.
8.3 Secondary Accreditations:In certain cases, additional accreditations or certifications may be required to endorse additional competencies beyond the initial accreditation. FILMD will communicate such requirements to the accredited member on a case-by-case basis.
8.4 BIFA Verification:FILMD's vetting process and procedures have been verified by BIFA (British Independent Film Awards). However, BIFA does not verify or endorse individual accredited members. Their verification is limited to the process and procedures of FILMD's accreditation system.
8.5 Enquiries and Contact:By applying to be an accredited member, you permit FILMD to make enquiries or contact relevant professionals to ascertain the validity of any claims made in your application or during the accreditation process.
8.6 Discretionary Removal of Accredited Status:FILMD retains the right to remove accredited status from members at any time, at its discretion, in the event of non-compliance with accreditation standards or violation of FILMD's terms and conditions.
8.7 FILMD Pro Membership:Membership in FILMD Pro does not guarantee approval of accreditation. Accreditation approval is a separate evaluation process, and FILMD Pro membership offers additional benefits beyond accreditation.
8.8 Representation and CEO Review:If dissatisfied with the outcome of the accreditation process, you may make representations to FILMD, which will be forwarded to the CEO for review. The CEO's decision on the matter is final.
8.9 Downgraded Membership and Accreditation:Accreditation will be withdrawn if membership is downgraded voluntarily or due to non-payment of FILMD Pro membership fees for FILMD Connect. Should you wish to upgrade your membership again, a new application for FILMD Pro Accreditation status will need to be made.
8.10 Editing Profession/Job Role:Once accredited for a specific profession/job role, you cannot edit your profession/job role while retaining accredited status. In cases of subtle changes, contacting FILMD support for a discretionary decision on a case-by-case basis is advised.
8.11 Solicitation of Proposals and Seconding:Members must not solicit FILMD accredited members to propose and second their accreditation without due cause and establishing a professional connection with them.
FILMD Chats live sessions are exclusively for FILMD Pro members. FILMD Connect members have access to the recordings post-event but do not have live access.
9.2 Reservation and Attendance for Pro Members:Spots for live FILMD Chats are reserved for FILMD Pro members and are available on a first-come, first-serve basis. Pro members must reserve their spot via the FILMD platform and ensure timely attendance.
9.3 Recorded Content Access:Recorded versions of FILMD Chats are accessible to both FILMD Pro and FILMD Connect members. The availability period for each session's recording may vary.
9.4 Question Submission:FILMD Pro members are encouraged to submit questions in advance for the FILMD Chats. Live question opportunities during the session are at the discretion of the hosts and subject to time constraints.
9.5 Content Usage:The content of FILMD Chats, including recorded sessions, is for personal use only. Redistribution, reproduction, or commercial use is strictly prohibited without prior written consent from FILMD.
9.6 Member Conduct:Members are expected to maintain professional decorum during FILMD Chats. FILMD reserves the right to revoke access to the chats for any member found violating this expectation.
9.7 Cancellation Policy:FILMD reserves the right to cancel or reschedule FILMD Chats sessions. Members will be notified in advance in such cases.
9.8 Feedback and Suggestions:FILMD values member feedback for FILMD Chats and encourages suggestions for future topics or improvements.
9.9 Changes to Terms & Conditions:FILMD reserves the right to modify these T&Cs at any time. Continued participation in FILMD Chats after such changes constitutes acceptance of the new terms.
9.10 Dispute Resolution:Any disputes related to FILMD Chats shall be addressed directly with FILMD’s support team. Decisions made by FILMD regarding disputes are final.
We respect the intellectual property rights of others. If you believe that any Content posted on the Service infringes upon your copyright or other intellectual property rights, you must provide us with a detailed written notice of the alleged infringement. The notice should include:
Your electronic or physical signature.
A description of the copyrighted work you claim has been infringed.
The URL or specific location of the infringing material on the Service.
Your contact information, including address, telephone number, and email.
A statement declaring that you have a good faith belief that the use of the copyrighted material is not authorised by the copyright owner, its agent, or the law.
Please send this notification to our copyright agent at terms@filmd.co.uk. Upon receiving a valid notification, we will take appropriate action, including the removal of the infringing content from the Service.
The Service and its original content, features, and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
11.2 Feedback:We appreciate your feedback, and by providing feedback to the Company, you assign all rights, title, and interest in that feedback. If the assignment is ineffective for any reason, you grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide licence to use, reproduce, disclose, sublicense, distribute, modify, and exploit the feedback without restriction.
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company. We have no control over the content, privacy policies, or practices of these third-party websites or services. You acknowledge and agree that the Company is not responsible for any damages or losses caused by or in connection with the use of such content, goods, or services available on or through these third-party websites or services.
12.2 Third-Party Terms and Policies:We strongly advise you to review the terms and conditions and privacy policies of any third-party websites or services you visit. These terms and policies may differ from ours and govern your use of those websites or services.
The Company may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including if you breach these Terms and Conditions.
13.2 Termination by You:If you wish to terminate your account, you may do so by cancelling your membership via your Account Settings or by emailing membership@filmd.co.uk.
13.3 Effect of Termination:Upon termination, your right to use the Service will cease immediately. If you terminate your account, any Content associated with your account may be permanently deleted from our servers. Please note that we are not obligated to provide you with a copy of your Content upon termination.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, business interruption, personal injury, loss of privacy) arising out of or in any way related to the use of or inability to use the Service, third-party software or hardware used with the Service, or any provision of these Terms, even if the Company or any of its suppliers has been advised of the possibility of such damages.
14.2 Liability Cap:Notwithstanding any damages that you might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the Service or 100 GBP if you haven't purchased anything through the Service.
The Service is provided to you "AS IS" and "AS AVAILABLE" with all faults and defects, without warranty of any kind. The Company, on its own behalf and on behalf of its Affiliates, licensors, and service providers, disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Company does not warrant that the Service will meet your requirements, operate without interruption, be error-free, or be free from viruses or other harmful components.
15.2 No Guarantee:The Company makes no guarantee or representation regarding the operation or availability of the Service, the accuracy, reliability, or currency of any information or content provided through the Service, or that the Service, its servers, or any emails sent from or on behalf of the Company are free from viruses or other harmful components.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the United Kingdom, excluding its conflicts of law rules.
16.2 Dispute Resolution:If you have any concerns or disputes about the Service, we encourage you to contact the Company first to resolve the matter informally.
If any provision of these Terms and Conditions is held to be unenforceable or invalid, such provision will be modified to fulfil its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions will continue to be valid and enforceable.
17.2 Waiver:The failure to enforce any right or provision of these Terms and Conditions shall not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms and Conditions will be effective only if it is in writing and signed by the Company.
17.3 Translation Interpretation:These Terms and Conditions may have been translated for your convenience. In the event of any discrepancy between the translated version and the original English version, the original English version shall prevail and govern.
17.4 Changes to These Terms and Conditions:The Company reserves the right to modify or replace these Terms and Conditions at any time, at its sole discretion. If we make material changes to these Terms and Conditions, we will provide at least 30 days' notice prior to the new terms taking effect. Your continued use of the Service after the revised Terms and Conditions are in effect constitutes your acceptance of the updated terms. If you do not agree with the modified Terms and Conditions, you must discontinue using the Service.
17.5 Contact Us:If you have any questions or concerns regarding these Terms and Conditions, you may contact us by email at terms@filmd.co.uk
Thank you for taking the time to review our updated Terms and Conditions. These terms are designed to protect your rights and ensure a positive and secure experience when using our FILMD service.