These are the terms and conditions on which Filmbay makes available its services
to members. Our services are available online at our website located at www.filmbay.com,
hereafter referred to as the “Site”. Filmbay may add or delete features or services
at its discretion. You must read, agree with and accept all terms and conditions
you are eligible to become a member of Filmbay. Upon registering as a member you
agree to use our Site in accordance with all terms and conditions outlined below.
If you do not agree to these terms and conditions, do not use or access our services.
These terms and conditions and the contents of the Site can be modified by Filmbay, at any time, and without prior notice.
Earlier versions of the terms and conditions
have or will be archived and can be viewed at our archive.
These terms and conditions (including modifications) apply to all users of the Site
and do not affect the terms or conditions of any other written or online agreement
that you may have with Filmbay regarding any of its products or services.
If you agree with these terms and conditions, please click on the I Agree button
at the end of this document in order to proceed to the Site.
II. Our Services
Filmbay’s services are designed to bring together members of the global independent
film community, to showcase, buy and sell their own creative products, whether scripts,
films, movies, music, academic works or artwork and so on. Filmbay also offers its
users the facility to communicate, collaborate and share their experiences with
each other in forums related to film in general.
III. Membership Eligibility
In order to become a member of Filmbay and use the services provided at our Site
you must be at least 18 years of age. In addition individuals using this Site must
be able to form legally binding contracts under applicable law. The terms of membership
also demand that when you complete our Site registration form you provide true,
precise and current information about yourself and guarantee to update and keep
current your registration information. Filmbay reserves the right to suspend or
membership, should you provide false or inaccurate information about yourself, or
should you engage in prohibited activity as outlined below in the Member Conduct
We charge every new member an initial fee that is outlined and specified in our
price list. There are no refunds of the initial member fee. We do not charge for
all services; however, for a detailed list of what is free and what is not, please
view our price list. Before you partake in any activity
on our Site you must review and accept
the fees that you will be charged. Filmbay reserves the right to make changes to
its fees at any time. Fee changes will be posted at the Site at least two weeks
V. Member Conduct
All members must abide by the rules laid out in this section. What follows are some actions (uploading,
posting or otherwise transmitting) that are prohibited on our Site:
1) Using copyrighted material without permission of the owner or author.
2) Posting information on the site that is illegal, unlawful, vulgar, obscene, pornographic
in nature, exploitative of children, propagandistic, harassing, threatening, tortuous,
libelous, ethnically objectionable, invasive of privacy, cruelty to animals, terrorist
activity, racist or any information that is deemed as such by Filmbay.
3) Manipulating headers or parts of the Site in order to disguise transmitted content.
4) Content that involves patented, trademarked, copyrighted or trade secret material,
without the owner’s permission, or infringes the owner’s
rights. Filmbay does not
control the information or material posted by means of its services and thus does
not accept any liability or responsibility whatsoever for it.
5) Information that is subject to a law or a contractual relationship, which prohibits
you to transmit it.
6) Engaging in hacking, placing viruses or computer code on the Site.
7) Intentional or unintentional violation of any applicable, local, national or
8) Placing links to other Sites.
9) Impersonation of another person or entity.
10) Use our Site to send unsolicited, or unauthorized advertising, “spam,” or any
other form of solicitation.
11) Interfere with the network and servers connected to our Site.
12) Harass us, members of our team, or another member using our services or the
13) Collecting or storing another user’s or member’s
personal or other data.
14) Installing back doors or giving access to sites that are not on Filmbay.
15) Registering more than one account on Filmbay.
Filmbay reserves the right to remove anything, at any time, posted to its Site that
it deems inappropriate, harmful, unlawful or in contravention of the above prohibitions.
disregarding the conduct outlined above may have their membership suspended or terminated.
This applies to all users of our Site.
All information members provide us is treated with care in order to offer you a
high level of privacy. Filmbay does not sell, rent or otherwise transmit your personal
information to third parties. As Filmbay also has community features as part of
its services, we encourage users to treat their own and other members’ privacy with
care and respect. As part of some of our services, users can contact each other
and communicate with each other. Next to mere communication, Filmbay
recommends its members never to utilize their personal information, i.e. do not give out your personal information. We
clearly state here that we will never ask you for your username and password and
you should NEVER give out your username and password to anyone. There currently
is a trend of criminals to go “phishing”
that is to try to obtain a username and
password by false emails that look like they have been sent by an official company,
firm or institution. Again, NEVER give out your username and password to anyone.
If you receive an email that asks for your username and password, please forward
it to us immediately for investigation. We may use third party entities to verify
a user’s identity or for security measures. We reserve the right to change this
section at anytime at our own discretion. If you have any objections to our privacy
policy please do not use our services.
VII. No Warranties or Representations
Filmbay, its employees and suppliers provide our Site and services “as is” and without
any warranties or representations of any nature or kind whatsoever. The user agrees
to use the Site at his/her own risk. Filmbay does not warrant any information, content,
products or services on or through its Site or any linked web sites, even if it
may be false, incorrect or otherwise faulty. Filmbay makes no warranty that the
services provided on the Site will meet your expectations or requirements.
VIII. Limitation of Liability
The content of the Site may contain errors or inaccuracies. Filmbay does not guarantee
the accuracy, validity or completeness of any information on its Site and is not
responsible for disruptions, delays or sever downtime related to its services, including
negligence. Your use of the Site is at your own risk. You agree that Filmbay is
not liable for any damages, lost profits or any incidental, special or consequential
damages that evolve out of or in connection with our Site, services or this user
agreement. Regardless of where you, the user, are located, you waive any right to file
claims against us based on domestic or international law or any law of another country. You also waive the right to file any claims against
second and third party entities associated with us.
By using the Site or becoming a member of Filmbay you agree to this limitation.
If you disagree, please do not use the Site nor become a member.
By using this Site or becoming a member of Filmbay you agree to indemnify and hold
us harmless from any claim or demand, made by any third party due to or arising
out of your breach of this User Agreement or any documents it incorporated by reference,
or your violation of any law or any rights a third party may have.
X. Legal Compliance, Applicable Law and Jurisdiction
You agree to comply with all applicable regional, domestic
and international laws when using our services on our Site. These terms and conditions and any dispute concerning the use of the
Site will be governed by, and interpreted in accordance with, the laws of the Province of Ontario
and the federal laws of Canada
applicable in the Province, without giving effect to any principles of conflict
of laws. Any such disputes will be resolved exclusively by a court of competent
XI. No Resale of Services
You agree not to duplicate, copy, reproduce, sell, resell or misuse any segment
of the services or the Site, or access to the services or the Site.
XII. Modifications to the Services
Filmbay reserves the right to modify or discontinue, permanently or temporarily,
its services, or any part of them, with or without notice, at any time and from
time to time. You, as user, agree that Filmbay will not be held liable to you or
to any third party for any discontinuance or suspension of the services or any part
of them. This also applies to modifications of the services.
You agree that Filmbay may terminate the Filmbay Site, your usage of its services,
your password and delete any content within the services, for any reason in its
an immediate suspension, or even termination of your membership. You also agree
that Filmbay will not be liable to you or any third party for any termination of
your access to our services.
Filmbay may provide users with links to other web sites, not owned by Filmbay, solely
for your convenience. Filmbay has no control over such sites and is not responsible
for the content and availability of such sites. You agree and acknowledge that Filmbay
is not liable or responsible, directly or indirectly, for any loss or damage caused
by the user accessing and using content on such sites. As outlined in the member
earlier you may not post any links of any sort to any other sites. This applies
to all areas of the Site including, but not limited to chat, newsgroups, user forums
and communication tools.
XIV. Framing, Deep-Linking and Tagging
You may not frame, deep-link, enclose or otherwise use in any manner any Filmbay trademark, logo, design, image, page layout, or other information displayed on
the Site without the prior written consent of Filmbay.
In addition, you may not
use a Filmbay trademark, trade name, logo, slogan or product or service name in
meta tags or any other form of hidden text without the prior written consent of
XV. Intellectual Property
The Site and all materials on the Site are protected by copyrights, trademarks
and other intellectual property laws and treaties, as well as other applicable laws.
Such materials are owned by Filmbay, or they are used with the permission of their
owners, unless indicated otherwise.
These materials include, but are not limited
to, photographs, images, illustrations, text, video and/or audio clips, designs, trademarks, logos, slogans, trade dress and other materials on the Site. Any use
of these materials, without the specific written permission of Filmbay, is strictly
All rights reserved worldwide.
The use of our shop is bound by a licensing agreement
between producers wishing to sell content in our shop. This agreement cannot be
altered our changed in any form. Filmbay does not allow users to post any content
in our shop area. Instead a producer wishing to sell content has to be licensed
by Filmbay. The licensing process involves the following steps:
a) Information Collection
A Producer has to submit two identical copies on CD
or DVD of the content desired to be sold on Filmbay. These copies will not be returned.
You Must Own All Rights to Your Content: In order to
license your film you must provide releases, contracts and agreements for all elements,
including: Actors, All music, Logos, trademarks shown in frame - All clips from
other sources. Acceptable Submission Formats are: CD, NTSC DVD, NTSC OR PAL VHS
tape. Label Your Tape or Disk on spine and face of VHS or on DVD, include: Content
title, Runtime, Producer’s name, Writer’s name, Director's name, Cast (complete),
Production Year, Country (Where content was produced), Language, Subtitled in, Describe
Your Film in 25-Word Synopsis, Screenings (List exact festival name), Awards, Film
Type, Genre, Audience.
Rights & Clearances
With your application, you must submit written proof
of the following:
Music: Yes, I have the rights to all the music used
in my film.
Actors' Agreements: Yes, I have signed agreements from
all the actors who appear in my film.
Logos & Trademarks: Yes, I have permission to use
all logos, trademarks and copyrighted materials shown in my film.
Producer Contact Information
A signed copy of this user agreement has to accompany
Unfortunately, we cannot license your content if it
contains any unlicensed elements. We may request a notarized letter properly identifying
the producer as applicant, verifying all rights clearances and verifying the content
you are submitting.
The verification process involves review of all submitted material by Filmbay, its legal department and legal representatives. This process
determines whether or not a producer is eligible for licensing.
c) License issuance
In the event that a license is issued, Filmbay will
inform a producer in writing. By accepting the license, the producer temporarily
grants Filmbay all rights related to the copyright of the content material. The
producer understands that the content is distributed exclusively. A producer may
terminate a license with Filmbay at any time, giving at least three months notice.
After this period Filmbay shall revoke the license and transfer all rights related
to the copyright of the content material back to the producer. Filmbay issues royalties
to licensed producers to be allowed either quarterly or bi-annually depending on
the choice of a producer. In the event that Filmbay terminates a license, no royalties
will be granted. Filmbay may refuse to issue a license at its own discretion. Filmbay
also reserves the right to revoke and terminate a license at any time without notice.
XVII. Additional Terms
All information contained on this site is not legal advice. If you are in doubt
or unclear about anything always consult a legal professional, such as an attorney,
or lawyer. If you detect a user in violation of any of our outlined terms above
please report them immediately to us. Always use common sense in dealing with other
people and handle your private information with care. It is your responsibility
to read and understand all the terms and conditions laid out in this user agreement
before signing up. By signing up you maintain that you have read, understood and
agree to all terms and conditions laid out in this user agreement.
XVIII. Comments or Questions
send an email to ________@
or write to us at:
XVIII. Your Contact Information (Optional)
If you wish to receive communications from Filmbay about its services, please provide
us with your name and preferred method of contact below. If you provide Filmbay
with more than one method of contacting you, Filmbay may send you communications
using any one of the methods provided.
Email Address: ___________________________________________
Telephone Number: __________________________
Fax Number: ____________________________
Version 4.0 (as of May 2012): This user agreement was prepared exclusively for Filmbay.com by Ridout & Maybee LLP – Canada’s Intellectual Property And Technology Law Firm.