TERMS AND CONDITIONS
Scope of Agreement
FLIM is an online database of images (stills, screenshots, movie caps, short movie excerpts) from films, documentaries, commercials, music video and TV series allowing you, through its search engine, to find inspiring visuals for the development of your artistic and professional project. The producer of the FLIM database is SAS FLIM, whose head office is located 144 rue de Crimée, 75019 PARIS, FRANCE, registered with the Trade and Companies Register of Paris under the number 887 670 966.
Our general Terms and Conditions (hereinafter, this "Agreement") apply, without restriction or reserve, to the use of the services and technological tools made available to you by FLIM. This Agreement is effective during the term of use of FLIM or specific subscription plan that incorporates this Agreement.
This Agreement define the use that you may make of FLIM, and the conditions under which FLIM provides you with the technological tools allowing you to view and download images extracted from video content. This Agreement also specify the rates and conditions of subscriptions according to your need to use FLIM.
The use of FLIM's search engine or the purchase of one of our subscriptions implies full and complete acceptance of this Agreement, which you expressly acknowledge. This Agreement is accessible at any time on the FLIM.AI website and will prevail, as the case may be, over any other version or any other contradictory document. It may be subject to change at any time, at our sole discretion, and we recommend that you check it regularly.
What is the purpose of FLIM?
FLIM contains a library of images (stills, screenshots, movie caps, short movie excerpts) from a multitude of films, documentaries, commercials, music video, TV series and other third-party content (hereinafter, the "shots"). These shots are intended to give you a unique insight into how film and video professionals create and capture images. We make these shots available to you to help you learn, to inspire you, to allow you to do research, to give you reference points for your professional projects and to help you present your own work in moodboards for instance. You can use the images as reference points to create professional presentations for original projects that you are working on.
You represent and warrant that your use of FLIM will comply with all applicable laws and regulations. You only may use FILM for educational and internal professional purposes. For exemple, you are not allowed to use photos for entertainment purposes, to distribute photos to illustrate your website or in any other way than as expressly permitted by this Agreement, otherwise FILM may terminate or suspend your account if you use FILM or any shots for any purpose that is unlawful or prohibited by this Agreement.
The Platform contains a library of images from a myriad of films, television programs, commercials and other third party content ("Shots"). We believe these Shots can serve to inspire you and give you unique insight into how filmmakers and others create and capture effective imagery. We are making these Shots available to you to help you learn, to inspire you, to allow you to do research, to give you points of reference for your own personal projects and to help you demonstrate your own work. In furtherance of that, the library also gives you the ability to use the Shots to create resumes (for those of you whose work is featured on the Platform) or to create professional decks which may include inspirations or reference points for original projects you may be working on.
How to use FLIM
Access – You must be over the legal age to use FLIM and able to enter into contracts. FLIM offers both free and paid services. You can choose to use FLIM on a free plan basis, free of charge, which is currently limited to 5 free daily uses of FLIM.AI search engine. Otherwise, you can subscribe to additional features by activating a subscription plan.
Subscriptions – A subscription allows you to use our search engine in an unlimited way or for a precise number of searches. You may subscribe to a paid weekly, monthly or annual plan through the FLIM interface, choose your package from those posted on our FLIM.AI website, based on your anticipated use of FLIM, and agree to this Agreement to activate your subscription. Your initial subscription period will be specified in your order, and, unless otherwise specified in your order, your subscription will automatically renew for the shorter of the subscription period, or one year. Unless otherwise specified in your order, to prevent renewal of your subscription, you or we must give written notice of non-renewal. If you decide not to renew, you may turn off auto-renew by accessing the billing details information in your account. Each subscription is made for a single user or for the employees of a single company.
Account – You do not need to register or create an account on FLIM in order to use it on a freemium basis. However, to subscribe to additional features, you will need to register and create an account. You must provide complete, accurate, and truthful information when registering (such as first name, last name, email address). You are responsible for maintaining the confidentiality of any authentication factors needed to access FLIM. You may never use another's account without permission or permit another to use your account. You may not create more than one account and you are prohibited from registering a new account if you have previously had an account terminated. You are responsible for any and all actions that occur under your account, and you shall immediately notify FLIM of any unauthorized access to or use of your Account.
Payment – When you sign up for a weekly, monthly or annual plan, you agree to weekly, monthly or annual recurring billing, starting on the date you sign up. Payments are due for any week, month or year on the same or closest date to the day you made your first weekly, monthly or annual payment. If any part of a week / month / year is included in the term, then payment is required for the full week / month / year. All payment obligations are non-cancelable and all amounts paid are non-refundable. All fees are exclusive of taxes, which we will charge as applicable. Billing for weekly, monthly or annual plans may be paused, and you may choose to close your account permanently at any time. If you are paying by credit card, you authorize us to charge your credit card or bank or to use a third party to process payments, and consent to the disclosure of your payment information to such third party. You will keep your contact information, billing information and credit card information up to date. Changes may be made within your FLIM account.
Downgrade for non-payment – If any fees owed to us are thirty (30) days or more overdue, we may downgrade any fee-based plan to free plan until those amounts are fully paid. A downgrade will result in a decrease in certain features and functionality and potential loss of access to FLIM search engine.
Billing Changes – We may change our fees, including our charges for plans at any time by posting a new pricing structure to our website or sending you a notification by email.
Suspension or termination of your account – We will not suspend your subscription while you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute. However, in case of non-compliance with the entire terms of this Agreement, we reserve the right, at our sole discretion, to temporarily or permanently restrict, suspend or interrupt your account and/or your access, to all or any part of FLIM.AI website, at any time, for any or no reason, without notice, liability or compensation, including in the event we stop offering any aspect of FLIM services.
What are Beta services?
We may invite you to try new features that are not available to all of our subscribers or the public, for testing purpose only. We may discontinue Beta services at any time at our sole discretion, and we may decide not to make Beta services generally available. Beta services are subject to the terms of this Agreement.
How do we protect your privacy?
Your privacy is important to us. In accordance with the French Act n°78-17 of 6 January 1978 on Data Processing, Data Files and Individual Liberties, modified by the Act of June 20, 2018, it is reminded that your personal data are necessary, both to guarantee you the access to our service and for the registration and processing of your subscription.
FLIM undertakes to ensure the security of this data. The processing of information communicated through the FLIM.AI website complies with legal requirements in terms of protection of personal data. The information system used ensures optimal protection of these data. You have, in accordance with the French and European regulations in force, a permanent right of access, modification, rectification, opposition of portability and limitation of the processing with regard to the information concerning it.
Copyrights and trademarks
Except for the shots, whose rights belong to the third party copyright holders concerned, you acknowledge and agree that FLIM or its licensors hold title to any and all materials on the FLIM.AI website, the underlying software of the website, and related technology, including all intellectual property rights therein.
All content, text, graphics, user interfaces, visual interfaces, photographs, trademarks, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, expression, look and feel of such Content, contained on the website FLIM.AI is owned by, controlled by, or licensed by FLIM, and is protected by copyright, patent and trademark laws. All rights not expressly granted in this Agreement are reserved by FLIM. Except as expressly provided in this Agreement, no part of the FLIM.AI website or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website, or other medium for publication or distribution.
Subject to your compliance with the terms and conditions of this Agreement including, without limitation, the payment of all applicable fees, FLIM hereby grants you a limited, revocable, non-sublicensable, non-exclusive license to access and use FLIM.AI, solely for your own educational and professional purposes, as described above.
FLIM respects the intellectual property of others, and expects you to do the same. Our offering of the shots for educational and professional purposes is permissible under the private copying exception and the fair use doctrine of copyright law. Therefore, if you believe, in good faith, that any materials on FLIM.AI website infringe upon your copyrights, please contact us at email@example.com and identify the copyrighted work that you claim has been infringed, including the URL location.
WARRANTIES – LIMITATION OF LIABILITY
It is reminded that FLIM limits the use of the shots for PRIVATE, educational, internal, professional and non-profit purposes. It can therefore in no way be held responsible for any use prohibited by this Agreement.
FLIM's liability towards you can only be engaged for facts that would cause you direct prejudice, to the exclusion of any indirect prejudice. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL FLIM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR BUSINESS OPPORTUNITIES ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY.
FLIM DOES NOT PROMISE THAT FLIM.AI WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF FLIM.AI WEBSITE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF FLIM.AI WEBSITE WILL PROVIDE SPECIFIC RESULTS. FLIM.AI AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITH NO WARRANTIES OF ANY KIND. ALL INFORMATION PROVIDED ON FLIM IS SUBJECT TO CHANGE WITHOUT NOTICE. FLIM CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM FLIM.AI WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. FLIM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FLIM DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE AND/OR ANY FLIM SERVICES.
YOU are solely responsible for the use of FLIM. you agree to indemnify and hold us harmless at first request, to compensate us and to indemnify us OR our contributors, licensors, content providers, and service providers, for any damage, loss, loss of profit that we OR THEY may suffer OR if our liability is engaged by a third party as a result of an action related to your use of FLIM or your distribution, exploitation or other use of any Shots. YOU shall ALSO be responsible for compliance by YOU personnel (including employees and contractors) with thIS Agreement.
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, EITHER FLIM OR ITS AFFILIATES IS DETERMINED TO HAVE ANY LIABILITY TO YOU, UNDER NO CIRCUMSTANCES WILL FLIM BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID FLIM IN THE SIX MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO A CLAIM. IF YOU HAVE NOT PAID ANY AMOUNTS DURING THAT TIME PERIOD, YOU ACKNOWLEDGE THAT YOUR SOLE REMEDY SHALL BE TO CEASE USING THE PLATFORM AND TERMINATE YOUR ACCOUNT.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. if these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you.
Search results - Links
You acknowledge that by using FLIM, you will be presented with search results or links that could direct you to third party content. Some of the content and information you may access through FLIM’s search results is owned and controlled by third parties. Shots and informations availables in FLIM have been indexed and compiled through an automated process with no prior review of the results by FLIM. As a consequence, FLIM has no responsibility or liability for any of the informations or links made available by the website. You also acknowledge that these links are provided solely as a convenience to you and not as an endorsement by FLIM regarding the contents of those other websites.
We may deploy changes, updates or enhancements to FLIM whenever we deem it necessary. We may also add or remove features or suspend or discontinue our services altogether.
What happens in case of violation of this Agreement?
We preserve any transmittal or communication by you with us through FLIM, but we may disclose any information we have about you, including your identity, if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of FLIM, or to identify, contact, or bring legal action against someone who may be causing injury to or interference with our rights or property, or the rights or property of visitors to or users of FLIM. We also reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request.
You agree that we may, at our sole discretion and without prior notice, terminate your access to FLIM and/or block your future access to FLIM if we determine that you have violated this Agreement or other agreements or guidelines which may be associated with your use of FLIM.
Contact information - If you have any questions regarding this Agreement, please e-mail us at firstname.lastname@example.org to reach our customer support team.
Notices – We may give general notices via FLIM.AI website and electronic notices specific to you by email to your e-mail address on record in our account information. You must keep all of your account information current.
Relationship of the Parties – You and we are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between us.
Publicity – When you subscribe to FLIM as a company, you consent to FLIM the right to use the name of your company in press releases and other marketing materials and appearances, as a reference account for marketing purposes.
Force majeure – None of us will be responsible for failure or delay of performance if caused by an act of war, hostility, sabotage, act of God, electrical, internet, or telecommunication outage that is not caused by the obligated party, government restrictions, confinement, epidemic, virus, or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.
Severability – If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited to the minimum extent necessary so that this Agreement shall otherwise remain in effect.
Survivability – Even if this Agreement is terminated, the following sections will continue to apply : How do we protect your privacy, Copyrights and Trademarks, Warranties – Limitation of liability, What happens in case of violation of this Agreement, General terms, Governing law and jurisdiction, and Language.
Waiver – No failure or delay by you or us in exercising any right under this Agreement will constitute a waiver of that right.
Assignment – You will not assign or transfer this Agreement without our prior written consent, except that you may assign this Agreement to a successor by reason of merger, reorganization, sale of all or substantially all of your assets, change of control or operation of law, provided such successor is not a competitor of FLIM.
Governing law and jurisdiction
This Agreement is a contract for the provision of services and not a contract for the sale of goods, and it is governed by the laws of France. The courts in Paris, France, have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement, without regard to conflicts of laws provisions thereof, and without regard to the United Nations Convention on the International Sale of Goods.
This Agreement is written in English. In the event that it is translated into one or more languages, only the English text shall be authentic in the event of a dispute.