BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE WEBSITE, YOU ATTEST THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. If you do not agree to the terms and conditions of these Terms, you should not continue to use the Website.
These Terms set forth the legally binding terms and conditions for your use of the Services.
1- Acceptance of Terms.
a. By registering for and/or using any of the Services in any manner, including visiting or browsing the LinkedFilm Website, you agree to these Terms, and all other operating rules, policies, and procedures that we may publish from time to time through the Services, each of which is incorporated by reference, and each of which may be updated from time to time without notice to you.
b. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.
c. These Terms apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
d. Arbitration notice and class action waiver: LinkedFilm for certain types of disputes described in the arbitration section below, you agree that disputes between you and us will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.
a. You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, register for an Account (defined below) or use the Services. Some Video Content may not be appropriate for viewing by minors and you agree that you are solely responsible for determining whether it is appropriate to show Video Content to a minor. We disclaim all liability relating to the viewing of Video Content by minors, including without limitation the viewing of inappropriate or obscene Video Content by such persons.
b. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms and your use of the Services (a) are in compliance with all laws, rules and regulations applicable to you and (b) do not violate any other agreement to which you are a party. The right to access the Services is revoked where these Terms or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Furthermore, the Services are offered only for your use, and not for the use or benefit of any third party.
3- Video on Demand Usage Rules
a. You must comply with the following Video on Demand Usage Rules (the "Usage Rules") when accessing the Services via the Website. By streaming Video Content from the Website, you agree:
i. not to, and not to permit another person to, copy, sell, rent or distribute Video Content or otherwise use Video Content in a way which infringes the copyright or other intellectual property rights of a third party.
ii. not to circumvent, tamper with, decompile, disassemble ore reverse engineer any digital rights management software or any other software used in connection with the Website.
iii. not to use the Video Content for any illegal purpose.
c. We may automatically remove or render unplayable any Video Content. We may modify, replace or withdraw the Video Content available on the Website as well as the types of Compatible Devices, from time to time. We make no representation as to the availability of certain Video Content, the amount of Video Content available on the Website or the suitability of a particular device to access or view Video Content. We may discontinue, modify or suspend all or part of our Services at any time without notice and without any liability to you whatsoever.
d. The availability of Video Content to watch will change from time to time, and from country to country. The quality of the display of the Video Content may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. LinkedFilm makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching Video Content will vary based on a number of factors, including your location, available bandwidth at the time, the Video Content you have selected and the configuration of your device.
4. Rules of Conduct
a. The following rules of conduct apply to your use of the Website and to any and all materials you post on LinkedFilm.com, including text, data, graphics, audio or video content, music, sound, chat, messages, files or other material (collectively "User Submissions") whether the User Submission is included in blogs, discussion groups, emails, profiles, comments, or any other portion or feature of LinkedFilm.com.
b. You may not, in connection with the Website:
i. Upload, post, email or otherwise transmit any User Submission that is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized.
ii. infringes or violates any patent, copyright, trademark, trade secret or other property right.
iii. breaches a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
iv. carry out any activity that a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way.
v. undertake any activity on the Website that constitutes a breach of any person's privacy or public rights, a misrepresentation of facts, or hate speech.
vi. violates or encourages others to violate any applicable law, statute, ordinance or regulation.
promotes software or services that deliver unsolicited e-mail; or contains viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines.
c. You may not, LinkedFilm with LinkedFilm's express advance authorization or in a specially designated area, use the Website to:
i. Upload, post, email or otherwise transmit any information that provides any telephone numbers, street addresses, last names, URLs or email address.
ii. Harm minors in any way.
iii. Solicit personal information, email addresses, contact information, passwords or other personally identifying information from anyone under 18.
iv. Provide false or deceptive information about yourself or your business, or create a false identity or use or attempt to use another's account or identity.
v. Delete, add or otherwise change other people's entries or other Content when you have not been granted the privileges to do so.
vi. Allow usage by others in such a way as to violate LinkedFilm's Terms.
d. LinkedFilm reserve's the right to manage the postings on the Website to provide an orderly presentation of this information. To effectively manage the Website, we may designate LinkedFilm or others to act as moderators and administrators for the Website. These moderators are the only representatives of LinkedFilm that are authorised to manage the Website. Any LinkedFilm who are not designated as moderators or LinkedFilm are not authorised to represent themselves as LinkedFilm LinkedFilm. Authorised LinkedFilm will be identifiable as such (e.g. using the LinkedFilm logo). We are not responsible for content provided by any employee who is not designated as a moderator or an 'Employee' for these purposes.e. We give our ongoing commitment to ensuring through our policy of safety that you can use the Website with confidence. When using the Website, in particular any social interaction forums or function, you should always take the following precautions:
i. Keep your identity private. Do not give out your full name, postal address, telephone number, e-mail address, the name of your school or any other information (other than that specifically requested by LinkedFilm), that could help someone discover your actual identity.
ii. Never meet with someone you met online; and Do not reply to any messages that are hostile, rude or inappropriate, or in any way make you feel uncomfortable.
a. To sign up for the Services, you must register for an account on the Services (an "Account"). You may never use another person's user Account without permission from LinkedFilm, or share your Account or access credentials with any other individual or entity. You should never publish, distribute, or post login information for your Account. "User" means an individual (a natural human) whom you authorize to use the Services. You are responsible for maintaining the security of your Account, passwords (including, but not limited to, administrative and user passwords). You are responsible for keeping your log-in and password details confidential. You must notify us immediately in the event of any unauthorized access to your account. We are not liable for any unauthorized activity that occurs in your account.
b. You warrant that all information provided to us in connection with your registration is accurate, complete and truthful. You must notify us immediately of any change in your eligibility to use the Services or breach of security or unauthorized use of your Account. You agree to maintain and update the information provided to us to ensure it is current and accurate. You may update your information in the My Account page of the Website or by emailing our customer service team. We reserve the right to deny your application for registration in our sole discretion for any reason.
c. You may only log-in to the Website using your account once at any specific time. Logging in to different devices simultaneously could cause the other logged in devices to log out and stop any video currently being streamed, downloaded, or played.
9. The Services.
a. Services. Subject to these Terms, LinkedFilm will use commercially reasonable efforts to make the Services available to you.
b. Content. "Content" means films, short films, film clips, trailers, information, data, text, fonts, photographs, other videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. As between the parties, all Content, LinkedFilm for Customer Data (as defined below), is owned by LinkedFilm, its content licensors or by other third parties You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom.
c. Restrictions on Use of the Services. You will not directly or indirectly:
i. interfere with or disrupt the integrity or performance of the Services or any third-party data contained therein or attempt to gain unauthorized access to the Services or its related systems or network.
ii. copy, modify, translate, or create derivative works based on the Services or any underlying software or any part, feature, function, or user interface thereof, including by framing (LinkedFilm as expressly allowed by LinkedFilm) or mirroring any part of any Services or any Content.
iii. Access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service. Decompile, disassemble, decipher, or reverse engineer the Services, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, (LinkedFilm to the extent such restriction is prohibited by applicable statutory law). Remove any copyright notices, information, and restrictions contained in the Services or any Content.
iv. Use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the LinkedFilm Website or Services,otherwise take any action in violation of our guidelines and policies, including these Terms.
d. Availability. We are not and will not be responsible or liable for any failure in the Platform or Services resulting from or attributable to (i) Customer Data or failures to deliver Customer Data to LinkedFilm; (ii) failures in any telecommunications, network or other service or equipment outside of LinkedFilm's facilities; or (iii) any force majeure or other cause beyond LinkedFilm's reasonable control. We do not guarantee that the Services or any Content will be available, or that any Content that is available is or will continue to be accurate. We reserve the right, but do not have any obligation, to remove, edit, modify, or block access to any Content in our sole discretion, at any time, without notice to you and for any reason (including upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms).
e. Limits. We may impose certain limits on the use of the Services, including usage limits for different Service plans, including without limitation the amount of Customer Data that may be stored, features that may be accessed number of users, or other rate or usage limitations at any time in our sole discretion.
7. User Generated Content
a. You are solely responsible for the photos, profiles, messages, notes, text, information, music, video, plugins and any other content that you upload, publish, submit, share or display (hereinafter, "Post") on or through the Service or the Website, or transmit to or share with other Members (collectively the "User Content"). You understand and agree that LinkedFilm may, but is not obligated to, review and delete or remove (without notice) any User Content in its sole discretion, including without limitation User Content that in LinkedFilm's sole judgment violates these Terms or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members, users or others.
b. By posting User Content to any part of the Service or the Site, you automatically grant, and you represent and warrant that you have the right to grant, to LinkedFilm an irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Service or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.
c. You also hereby grant LinkedFilm or a User of the Website a non-exclusive license to access your posted content through the Service or the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of the Service and the Site and under these Terms. You may remove your User Content from the Site at any time. You acknowledge that this User Content may persist in backup copies, derivative works or aggregate form for a period of time.
d. Our Service contains content created by us, by third parties, and by our Users and Members. It also includes information about products and services offered by parties other than LinkedFilm. We do not guarantee the accuracy, the integrity, or the quality of the content on our sites, and you may not rely on any of this content.
8. Intellectual Property Rights
a. We grant you a non-exclusive, royalty-free, nationwide, revocable licence to use and access the Website solely in accordance with these Terms.
b. You may not reproduce, transmit, copy, distribute, modify, link, display, use, transfer or sell any content of this Website (including without limitation videos, text, graphics, software, names, trade-marks and logos), or use any such content for commercial purposes, except as set out in these Terms, without our prior written consent.
9. Customer Data.
a. Definition. "Customer Data" means any and all electronic data, Content, and information uploaded or submitted to the Services by you or by a third party on your behalf. You retain all of your rights to your Customer Data.
c. Aggregate Data. Notwithstanding anything to the contrary set forth herein, LinkedFilm may collect and use data regarding the use and performance of the Service in anonymized and aggregated form, to analyze and improve the Service and for distribution in general benchmarking data and industry reports, provided that any reported user data is aggregated and anonymized such that no personally identifying information of Customer or its users is revealed.
d. Representations and Warranties. You represent, warrant, and covenant that (i) all Customer Data is accurate and compliant with all applicable laws, rules, and regulations; (ii) you own all rights, title, and interest in and to the Customer Data, or have otherwise secured all necessary rights in the Customer Data as may be necessary to permit the access, use, and distribution thereof as contemplated by these Terms; (iii) you shall only use the Services in accordance with all applicable laws, rules, and regulations, these Terms and any relevant documentation provided by LinkedFilm and (iv) you will not, and will not permit any third party to upload, download, post, submit, provide, transmit, distribute, or otherwise make available to or through the Services any Customer Data that (A) is unlawful, infringing, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, or that otherwise violates any other right of any third party, including any intellectual property, proprietary, or privacy rights, or that is otherwise inappropriate, as determined by us in our sole discretion; (B) contains any viruses, code, files, or programs designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or that is or can be otherwise malicious or disruptive; (C) constitutes unauthorized or unsolicited advertising, junk, or bulk email ("spamming") or otherwise violates federal CAN-SPAM regulation. You will not provide LinkedFilm with any personally identifying information except for User information as necessary to allow Users to access the Services as set forth in these Terms. You are responsible for complying with CAN-SPAM, including without limitation for supplying an "Unsubscribe" link in any emails required to include such link.
10. Copyright Policy. We have adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf).
11. Confidentiality. "Confidential Information" means all information disclosed by LinkedFilm to you, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. LinkedFilm's Confidential Information includes the Services and Content, as well as business and marketing plans, technology and technical information, product plans and designs, source code and business processes disclosed by LinkedFilm. You will use a reasonable degree of care to protect the Confidential Information. You will not use any Confidential Information for any purpose outside the scope of these Terms or disclose Confidential Information to any third party. You may disclose Confidential Information to the extent compelled by law, provided you give LinkedFilm prior notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance, at LinkedFilm's cost, if LinkedFilm wishes to contest the disclosure.15. Data Security. LinkedFilm shall maintain appropriate administrative, physical, and technical safeguards designed to protect the security of the Services and Customer Data. If Customer's use of the Services involves processing personal data pursuant to Regulation 2016/679 (the "GDPR") and/or transferring personal data outside the European Economic Area or Switzerland to any country not deemed by the European Commission as providing an adequate level of protection for personal data, the terms of the data processing addendum shall apply to such personal data and be incorporated into the Terms upon the Effective Date.
12. Geographical Restrictions:
a. LinkedFilm reserves the right to limit access to the Website to any person, geographic region or jurisdiction.
b. LinkedFilm is not responsible of any third party geographical restriction.
a. Termination by Either Party. You have the option of cancelling your Account at any time by following the instructions on the LinkedFilm Website or through the Services or by contacting us .
b. Termination of your LinkedFilm account includes:
i. removal of access to all pages within the Website;
ii. deletion of your password and all related information, files and materials, associated with or inside your account (or any part thereof); and barring of further use of the Website.
14. Customer Data After Termination.
Termination or cancellation of your Account by either party may result in the forfeiture and destruction of all information and data, including Customer Data, associated with your Account. Termination, cancellation or expiration of your Account will result in a loss of your Customer Data; we may delete or destroy all copies of your Customer Data in our systems or otherwise in our possession or control, unless legally prohibited. We reserve the right, including after termination, to access, read, preserve, and disclose any information, including without limitation Customer Data, as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests or (v) protect the rights, property or safety of us, our users and the public.
15. Warranty Disclaimer.
a. You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
b. The Services and content are provided 'as is', 'as available' and without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. We, and our directors, LinkedFilm, agents, suppliers, partners and content providers, do not warrant that:
(I) the Services will be secure or available at any particular time or location;
(II) any defects or errors will be corrected;
(III) any content or software available at or through the Services are free of viruses or other harmful components; or (IV) the results of using the Services will meet your requirements. Your use of the Services is solely at your own risk.
You agree to indemnify and hold us harmless from and against any and all claims, actions, demands, damages, liabilities, costs or expenses (whether in tort or contract, including without limitation negligence) arising out of or in connection with your use or inability to use of the Website or Video Content (including without limitation those third parties you authorize to use the Website and/or access the Services using your account), or your breach of these Terms or applicable Additional Conditions. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defences.
a. Entire Agreement and Severability. These Terms are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of LinkedFilm to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
b. Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
c. Subcontractors. We use subcontractors to provide certain aspects of the Services and in some cases permit them to access Customer Data subject to appropriate obligations of security, confidentiality and compliance with applicable laws. We remain responsible for our subcontractors' compliance with these Terms with respect to their services provided hereunder.d. Assignment. These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or sublicense any of our rights and obligations hereunder without consent.
e. Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.
f. Third Party Links. The Website may contain links to third party websites or advertising or other material submitted by third parties. It is the responsibility of these third parties to ensure that such content and such websites and materials comply with all relevant laws and regulations. We make no representation or warranty in respect of such third-party websites or materials and disclaim any and all liability in connection with such third party material and websites.
h. Headings; Interpretation. The section and paragraph headings in these Terms are for convenience only and shall not affect their interpretation. Any use of "including" "for example" or "such as" in these Terms shall be read as being followed by "without limitation" where appropriate.