Filmchief Terms and Conditions
For guests of Berwick Film & Media Arts Festival
Acceptance of Terms
The following Terms and Conditions (“Terms”) set out the rules governing:
- a. the use of services provided by Filmchief (the “Service”), owned and operated by ThisWayUp and
- b. the transmission, storage and processing of any information, text, graphics, or other materials by you, or by any person on your behalf (collectively referred to as “Content”).
References in the Terms to “you” are to any customer for the Service and any individual user of the Service (and “your” should be construed accordingly); and references in the Terms to “us” are to ThisWayUp (and “we” and “our” should be construed accordingly).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms.
You must be at least 18 years of age to use the Services; and by using the Services or by agreeing to this Policy, you warrant and represent to us that you are at least 18 years of age.
The Terms may be updated from time to time without notice. You can review the most current version of the Terms at any time at: https://bfmaf.filmchief.com/terms-of-service or request a copy from us.
Description of Service
Filmchief currently provides film festivals and film professionals with access to a rich collection of web based applications (the “Service”). The Service does not include any advertisements, and it is our intention to keep Filmchief free of advertisements in the future. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to the Terms.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Your Registration Obligations
In consideration of your use of the Service, you agree to maintain and promptly update your organization's and billing contact's registration data like email, phone number and postal address.
Account, Password and Security
You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify ThisWayUp of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. ThisWayUp cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), are the sole responsibility of the person from which such Content originated. This means that you, and not ThisWayUp, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. ThisWayUp does not control the Content posted via the Service. Under no circumstances will ThisWayUp be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation.
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law;
You acknowledge and agree that ThisWayUp may disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of ThisWayUp, its users and the public.
You agree to indemnify and hold ThisWayUp, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another.
No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
You agree that ThisWayUp, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service if ThisWayUp believes that you have violated or acted inconsistently with the letter or spirit of the Terms. ThisWayUp may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms may be effected without prior notice, and acknowledge and agree that ThisWayUp may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that ThisWayUp shall not be liable to you or any third-party for any termination of your access to the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because ThisWayUp has no control over such sites and resources, you acknowledge and agree that ThisWayUp 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. You further acknowledge and agree that ThisWayUp 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 use of or reliance on any such Content, goods or services available on or through any such site or resource.
Proprietary Rights of ThisWayUp
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by ThisWayUp, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
ThisWayUp grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on any computer, tablet or smartphone; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by ThisWayUp for use in accessing the Service.
Disclaimer of Warranties
You expressly understand and agree that:
- your use of the service is at your sole risk. the service is provided on an “as is” and “as available” basis. ThisWayUp expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
- no advice or information, whether oral or written, obtained by you from ThisWayUp or through or from the service shall create any warranty not expressly stated in the Terms and Conditions.
Limitation of Liability
You expressly understand and agree that ThisWayUp shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if ThisWayUp has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
Exclusions & Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 13 and 14 may not apply to you.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you on the Service.
Copyright & Copyright Agents
ThisWayUp respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact ThisWayUp.
The Terms constitute the entire agreement between you and ThisWayUp and govern your use of the Service, superseding any prior agreements between you and ThisWayUp. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. You and ThisWayUp agree to submit to the personal and exclusive jurisdiction of the courts of ThisWayUp's choice. The failure of ThisWayUp to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
Please report any violations of the Terms to ThisWayUp.