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Terms of Service - Filmatic

Terms of Service

Welcome to Filmatic. These Terms and Conditions govern your use of our website and services. By accessing or using Filmatic, including any content, functionality, and services offered on or through Filmatic (collectively, the "Service"), you agree to comply with and be bound by these Terms and Conditions ("Terms"). If you do not agree with these terms, please do not use our services.

Last Updated: January 2, 2025

1. Acceptance of Terms

By accessing or using Filmatic, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms, please do not use Filmatic.

2. Definitions

  • "Service" refers to the Filmatic website and any related services provided by us.
  • "User" refers to anyone who uses our Service.
  • "Content" refers to any films, images, text, or other materials uploaded by users.
  • "We", "us", "our" refers to Filmatic.

3. User Accounts

  • Registration: To access certain features of our Service, you must create an account. You agree to provide accurate and complete information during the registration process and to update this information to keep it accurate and complete.
  • Eligibility: You must be at least 13 years old to use our Service. By creating an account, you represent and warrant that you meet this age requirement.
  • Account Security: You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to notify us immediately of any unauthorised use of your account. We are not liable for any loss or damage arising from your failure to comply with this obligation.

4. Payments and Subscriptions

Certain features of Filmatic require payment of a subscription through Stripe. By purchasing a subscription or making a payment, you agree to pay all fees and charges associated with your use of Filmatic.

5. Membership Details

We offer two subscription plans:

  • Monthly Subscription: $4.99 per month.
  • Annual Subscription: $49.99 per year.

Both subscriptions grant access to our film catalogue for on-demand viewing. New accounts are eligible for a 7-day free trial upon signup. Additionally, users can choose a free Crew Account, which allows film submission, access to the crew discovery page, and claiming of crew discovery profiles without subscription. However, Crew Accounts do not include the ability to watch films.

6. Billing and Cancellation

Billing is handled through our Stripe integration. Users can manage their subscriptions and cancel through the settings page.

7. Use of Filmatic

You may use Filmatic only for lawful purposes and in accordance with these Terms. You agree not to:

  • Use Filmatic in any way that violates any applicable laws or regulations.
  • Use Filmatic to transmit any unsolicited or unauthorised advertising or promotional materials.
  • Use Filmatic to transmit any viruses or other harmful computer code.

8. Content Usage

Our app allows users to browse and watch films from our catalogue. Users are responsible for complying with all applicable laws and regulations while using Filmatic. Any misuse or violation of these terms may result in account suspension or termination.

9. Intellectual Property

  • Ownership: We respect the intellectual property rights of others and expect users to do the same. All content provided by Filmatic, including but not limited to text, graphics, logos, images, and software, is owned by us or our licensors and is protected by copyright, trademark, and other intellectual property laws. You may not use, copy, modify, or distribute any of our content without our prior written permission.
  • User Content: By uploading content to Filmatic, you grant us a worldwide, non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such content in connection with providing our Service. This license ends when you delete your content or your account, except to the extent your content has been shared with others and they have not deleted it.

10. Copyright Disclaimer

Users acknowledge that all content uploaded to the platform must be original and not infringe on any copyrights. Violation of copyright rules may result in account termination. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:

  • A description of the copyrighted work that you claim has been infringed.
  • A description of where the material that you claim is infringing is located on the site.
  • Your address, telephone number, and email address.
  • A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law.
  • A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.
  • Your electronic or physical signature.

Please send your notice of copyright infringement to: [email protected]

11. Termination

  • By You: You may terminate your account at any time by following the instructions on our website. Upon termination, you lose the right to access the parts of the Service that require an account.
  • By Us: We reserve the right to suspend or terminate your account if you violate these Terms and Conditions or engage in conduct that we deem harmful to our Service or users. We also reserve the right to terminate accounts that are inactive for an extended period. Upon termination, we will notify you via the email address associated with your account.

12. Limitation of Liability

  • Disclaimer: Our Service is provided "as is" and "as available" without any warranties of any kind, either express or implied. We do not warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the servers that make it available are free of viruses or other harmful components.
  • No Liability: To the maximum extent permitted by law, Filmatic and its affiliates, officers, directors, employees, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of our Service, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses.

13. Indemnification

You agree to indemnify, defend, and hold harmless Filmatic and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of our Service or your violation of these Terms and Conditions.

14. Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of Australia, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms and Conditions will be brought exclusively in the federal or state courts located in Australia, and you consent to the jurisdiction of such courts.

15. Changes to Terms

We reserve the right to modify these Terms and Conditions at any time. We will notify you of any changes by posting the new terms on our website. Your continued use of the Service after the changes have been posted constitutes your acceptance of the new terms.

16. Consent

By using Filmatic and/or submitting a film, you consent to the terms of our Privacy Policy and our Terms and Conditions. This includes consenting to the collection, use, and sharing of your information as described in this policy. By using Filmatic, you also agree to our Terms of Service.

17. Contact Information

If you have any questions about these Terms and Conditions, please contact us at [email protected]