FLIM SAS, d/b/a FLIM (FLIM or “we”, “our” or “us”) operates the FLIM
website (the website and all content, features, and materials thereon,
shall hereinafter be collectively referred to as the “Platform”).
In order to participate in certain services on the Platform, you may
be notified that you are required to agree to additional terms and
conditions. Such additional terms are hereby incorporated into this
Agreement by this reference but such additional terms shall control
solely for the applicable service.
We may modify this Agreement from time to time and such modification shall be effective upon posting on the Platform. You will be deemed to have agreed to any such modifications by your further use of the Platform after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. If you do not agree with the modifications, please discontinue use of the Platform immediately.
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.
The Platform may only be used for the personal, educational and professional purposes described above. In no event are you permitted to use any Shots for entertainment purposes or to utilize or distribute Shots in any manner other than as expressly permitted hereunder. Without limiting the foregoing, you agree to use the Platform solely for lawful purposes. Any use of the Platform or any Shots other than as permitted hereunder may result in the immediate termination of your account.
Except for the Shots (whose rights reside with the applicable third party copyright owners), all materials contained on the Platform, including all content, and the software, graphics, text and look and feel of the Platform, and all trademarks (including FLIM), copyrights, patents and other intellectual property rights related thereto (“Proprietary Materials”), are owned or controlled by FLIM, our affiliated companies or our third party licensors and/or partners. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any Proprietary Materials, or any other protectable aspects of the Platform, in whole or in part, unless specifically stated otherwise. Subject to your compliance with this Agreement and any other relevant policies related to the Platform, we grant you a non-exclusive, non-transferable, revocable limited license, subject to the limitations herein, to access and use the Platform, Proprietary Materials and Shots for your own educational and professional purposes consistent with the intended purpose of the Platform.
We believe that our offering of these Shots for educational and professional purposes is permissible under the Fair Use doctrine of Copyright Law. Please understand that we are also in the content creation business ourselves and are respectful of others’ rights. Therefore, if you are the rightful owner of any of the Shots found on the Platform and disagree that our use of those Shots constitutes Fair Use, please notify us at firstname.lastname@example.org, and include an identification of the applicable Shot(s) and your contact information and we will respond.
In order to access certain features of the Platform, you will be
required to register for an account with us (an "Account"). When
creating or updating an Account, you are required to provide us with
certain personal information, such as your e-mail address. This
information will be held and used in accordance with our Privacy Tos.
You may never use another's Account without permission or permit another to use your Account. You may not create more than one Account. You are prohibited from registering a new Account if you have previously had an Account terminated.
You are responsible for (i) keeping confidential any password that you created to use any aspect of the Platform requiring registration and (ii) restricting access to your computer or mobile device. You agree to accept full responsibility for all activities that occur within your Account. You must notify us immediately of any breach of security or unauthorized use of any part of your Account.
Although we will not be liable for your losses caused by any unauthorized use of your Account, whether with or without your knowledge, you may be liable for our losses or the losses of our contributors, third-party licensors, content providers, and service providers (collectively, “FLIM Providers") due to such unauthorized use.
Without limiting anything in this Agreement, we reserve the right, in our sole discretion, to restrict, suspend, or terminate your Account and/or your access to all or any part of the Platform at any time, for any or no reason, with or without prior notice, and without liability, including in the event we stop offering any aspect of the Platform. We expressly reserve the right to restrict, suspend and/or terminate your access to any part of the Platform if we determine, in our sole discretion, that you have violated any of the terms of this Agreement.
The Platform may contain links or otherwise direct you to websites
operated by third parties. We do not monitor or control the linked
sites and make no representations regarding, and are not liable or
responsible for the accuracy, completeness, timeliness, reliability or
availability of, any of the content uploaded, displayed, or
distributed, or products, or services available at these sites. If you
choose to access any third party site, you do so at your own risk. The
presence of a link to a third party site does not constitute or imply
our endorsement, sponsorship, or recommendation of the third party or
of the content, products, or services contained on, or available
through, the third party site.
We reserve the right to disable links from or to third party sites.
THE PLATFORM AND ALL PRODUCTS AND SERVICES OFFERED HEREON ARE PROVIDED
BY US AND OUR WEBHOST ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE
FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED
WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR
WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY FLIM PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE PLATFORM, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT USE OF THE PLATFORM WILL BE 100% SECURE, UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, OR SERVICE, PROVIDED THROUGH THE PLATFORM; OR (IV) THAT THE SERVERS, OR EMAILS SENT FROM OR ON BEHALF OF FLIM, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FLIM EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTIONS OF ITS USERS INCLUDING THEIR USE OF ANY SHOTS ACCESSED FROM THE PLATFORM.
NEITHER WE NOR ANY FLIM PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE PLATFORM OR ANY SHOT ACCESSED FROM THE PLATFORM, EVEN IF WE OR SUCH FLIM PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL FLIM BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID FLIM IN THE ONE HUNDRED AND EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM AND 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.
You are subject to all laws of the state(s) and countries in which you
reside and from which you access the Platform and are solely
responsible for obeying those laws. You agree we cannot be held liable
if laws applicable to you restrict or prohibit your participation. We
make no representations or warranties, implicit or explicit, as to
your legal right to participate in any Platform nor shall any person
affiliated, or claiming affiliation with the Platform have authority
to make any such representations or warranties.
APPLICABLE LAW; JURISDICTION
The Platform are created and controlled by us in France. As such, the laws of France will govern this Agreement, without giving effect to any provisions of french law that direct the choice of another state’s laws.
Subject to the Binding Arbitration section below, you hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of California and of the United States of America located in the State of California for any litigation arising out of or relating to use of the Platform.
You agree to indemnify and hold FLIM, the FLIM Providers, our subsidiaries, and affiliates, and our respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (1) your breach of this Agreement and/or any of your representations and warranties set forth herein or (2) your distribution, exploitation or other use of any Shots.
The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
This Agreement is deemed accepted upon any use of any of the Platform. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Subject to the other provisions of this Agreement, we will attempt to help you with any queries or problems that you may have with the Platform. To reach our customer support team, please e-mail us at email@example.com.
We reserve the right to make changes to the Platform, posted policies
and this Agreement at any time without notice other than the reposting
of the modified Agreement so check back frequently.
Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.