Terms & Conditions
Welcome to the Film Movement ("FM") Website and/or such other Websites, or portions thereof, owned and operated by FM (collectively the "Site").
The following Terms and Conditions of Participation, along with the other information included herein is a binding agreement that governs every user's relationship with FM, including the use of the Site.
BY REGISTERING FOR AND USING THE SERVICES ON THE SITE, INCLUDING, WITHOUT LIMITATION, PLACING AN ORDER OR CREATING AN ACCOUNT, YOU ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF PARTICIPATION, AND ALL POLICIES AND GUIDELINES OF THE SITE ARE INCORPORATED HEREIN BY REFERENCE.
FM reserves the right to change any of the Terms and Conditions of Participation or any policies or guidelines governing the Site or Services, at any time and in its sole and absolute discretion. Every change will be effective upon its posting on the Site. Notice of any changes will be posted on the Site for at least thirty (30) days. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice. FM may suspend or discontinue any aspect of the Site at any time without prior notice.
YOUR CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING FM'S POSTING OF ANY CHANGES TO THE TERMS AND CONDITIONS OF PARTICIPATION WILL CONSTITUTE YOUR AKNOWLEDGEMENT AND ACCEPTANCE OF ALL SUCH CHANGES. IF YOU DO NOT AGREE WITH ANY POSTED CHANGE, YOUR SOLE OPTION IS TO DISCONTINUE USE OF FM'S SERVICES OR SITE.
USE OF SITE
FM grants all users a limited license to access and make personal use of the Site. You may not download or modify the Site, frame any portion of it or utilize any type of Meta tag or other type of hidden text in connection with the Site. The Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by FM.
Prohibited commercial use includes, without limitation, collection or use of product listings or prices, derivative use of content included on this Site and the products or services provided or sold by FM (collectively "Content"), or any use of any type of data mining tools. FM reserves the right to refuse service, terminate relationships, and/or cancel orders in its sole and absolute discretion, including, without limitation, if it believes that a user's conduct violates applicable law or is harmful to the interests of FM. Upon termination of an account, the user shall remain liable for any previously placed orders.
Each user represents and warrants as follows: (i) the information provided by the user is accurate, current, and complete; (ii) the user will update his/her information as circumstances require; (ii) the user is at least 18 years old in connection with any purchases made on this Site; (iii) the user has the right to purchase and to use the products selected; and (iv) the user is using his/her actual identity.
You acknowledge and accept that you are responsible for maintaining the confidentiality of your account and password. FM will not be liable for any damages, including consequential damages that arise from any use of an account due to user's negligence and/or carelessness. You will notify FM immediately if you believe your password has been compromised.
FM does not guarantee the accuracy or quality of such user supplied information or of its Content, nor shall FM be in any way liable for such information or Content. You may find other user's information or the Content to be offensive, indecent, harmful, inaccurate, or deceptive. You agree that you will independently evaluate and bear all risks associated with such information and Content.
Though information contained on the FM site and presented by FM is intended to represent complete accuracy, FM makes no assurances or representations as to the accuracy, or integrity of such content.
FM gives users the following options for altering their information in its database or having it removed to end this service:
- Send an email message to firstname.lastname@example.org.
- Send a letter to the following postal address:
Attn: Customer Service
237 West 35th Street
New York, NY 10001
Please exercise caution when using this Site, and be aware that there is a risk of dealing with underage persons or persons acting under false pretenses.
COPYRIGHTS, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS
All Content, including the name Film Movement, along with text, graphics, logos, icons, images, audio/video clips and software is the sole and exclusive property of FM and/or its content suppliers, and is subject to the copyright, trademark or other intellectual property rights of FM, its suppliers and/or the terms of licenses held by FM. This Content, including the manner in which it is collected, arranged and assembled (compiled) on this Site, is the sole and exclusive property of FM and is protected by the copyright and trademark laws of the U.S. and abroad as well as other federal and state laws. It does not constitute material in the public domain. Any unauthorized reproduction, modification, distribution, transmission, republication, display or performance of the Content is strictly prohibited. FM does not grant any user any rights in any of the Content.
FM values and protects the proprietary nature of intellectual property rights belonging to it and others. It therefore reserves the right, in its sole and exclusive discretion, to remove any material that infringes or appears to infringe on intellectual property rights owned by FM or others. A user's access to or use of the Site may be immediately terminated if FM believes that the user has violated the Terms and Conditions of Participation, any relevant federal, state or international law, rule or regulation, or that the user has infringed or appears to have infringed the intellectual property rights of FM or others.
If you believe that any material contained or posted on the Site infringes upon your own or another's intellectual property rights, please immediately notify FM in writing and include the following information: (i) identification of the allegedly infringed work by title or source; (ii) identification of the specific material that is claimed to be infringing; (iii) contact information of the notifying party, including a daytime/evening phone number, address and e-mail; and (iv) a statement that the notifying party has a good faith belief that the use of the material in the manner complained of is not authorized by the owner of the allegedly infringed work, its agent or the law. Mail to:
Attn: Business Affairs
237 West 35th Street
New York, NY 10001
SUBMISSIONS TO TFM OR THE SITE
FM welcomes submissions of any commentary, suggestions or constructive criticism that users may have about FM and or the films it provides. However, any material submitted to FM, including, without limitation, customer reviews of any of the films (collectively "Submission") will be accepted without any obligation of confidentiality on the part of FM. By providing FM your Submission, the user agrees that: (i) FM shall be entitled to unrestricted use of the Submission for any purpose, and (ii) FM shall exclusively and solely own, and you hereby assign to FM, without compensation, restrictions from or further obligation on the part of FM, all rights now known or hereafter known with respect to the Submission.
Each user is responsible for any information provided to FM (including in the form of customer reviews), and is responsible for the consequences of any information provided. Such information shall not: (i) be false, misleading or fraudulent; (ii) infringe any third party's copyright, patent, trademark, trade secret or other proprietary intellectual property rights or rights of publicity or privacy; (iii) violate any law, statute, ordinance or regulation; (iv) be defamatory, libelous, unlawfully threatening or unlawfully harassing; (v) be obscene or contain a sexually explicit image; (vi) contain any "spam" or any viruses, worms, or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any software, hardware, system, data or personal information; (vii) create liability for FM or cause it the loss of services of any of its service providers or other suppliers; or (viii) link directly or indirectly to or include descriptions of goods or services that are prohibited hereunder or that you do not have a right to link to or include.
By submitting any information or other material to FM, the user automatically grants FM a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, create derivative works, and distribute such materials or portions of such materials in any form or medium now known or hereafter developed.
FM has the right, but not the obligation, to monitor any activity and Content associated with this Site. FM may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access, and/or removal of any materials on the Site, including listings and bids. FM reserves the right and has absolute discretion to remove, screen, or edit any Content that violates these provisions or is otherwise objectionable.
You agree to indemnify and hold FM, its officers, directors, employees, parents, subsidiaries, affiliates, attorneys, accountants, agents, assigns and all other persons acting for its benefit or on its behalf, harmless from any claim, demand or expense, (including costs and attorney's fees) by any third party due to or arising out of your breach of these Terms and Conditions, your use of the Site, its Content, any products you may have purchased, or the materials the Site incorporates by reference, or your violation of any law, regulation, order or other legal mandate, or the rights of any third party.
ANNUAL NON-GIFT SUBSCRIPTIONS - Annual non-gift subscriptions automatically renew at expiration and become Month to Month subscriptions. All rules that apply to our Month to Month subscription apply to this renewed subscription. The automatic renewing of the annual subscription into a Month to Month subscription can be turned off at anytime by logging into your account and disabling the auto-renew feature. Annual subscriptions can be renewed with another annual subscription anytime during the annual subscription or after an annual subscription has automatically renewed into a Month to Month subscription. This is done by logging into your account and purchasing an Annual subscription renewal from our renewal page. Annual subscriptions purchased before December 31, 2006 do not auto-renew into Month to Month subscriptions. These subscriptions can be renewed into Month to Month or new Annual subscriptions anytime by logging into your account and purchasing a renewal.
MONTH TO MONTH SUBSCRIPTIONS - Month to Month subscriptions continue each month until cancelled. Billing for the month after your 1st month occurs on the 1st of each month. At any point during your subscription you may choose to cancel. This can be done by disabling the auto-renew within your account. In order to not receive that month's film you must cancel in the previous month. For example you must cancel in November to not be billed for or shipped the December film.
GIFT SUBSCRIPTIONS - Gift subscriptions do not automatically renew. The recipient or the gift giver may renew the subscription at anytime before or after the subscription expires. The owner of the subscription can simply purchase a renewal from within their account. Gift givers seeking to renew a previous gift must simply give a new gift. The gift recipient will need to redeem the new gift from within their account to be properly credited for the new gift.
Annual subscriptions may not be cancelled or refunded. All annual subscription sales are final. The auto-renew into a monthly subscription can be disabled anytime during the annual subscription by logging into your account and disabling the feature. Once an annual subscription renews into a monthly subscription all rules for the month to month subscription apply.
Monthly subscriptions may be cancelled at anytime. This can be done by disabling the auto-renew within your account. Monthly subscription billing occurs on the 1st of each month, so in order to not be billed for and sent that month's film you must cancel during the previous month. For example you must cancel in November to not be billed for or shipped the December film.
Gift subscriptions may not be cancelled or refunded. All gift subscription sales are final.
REFUNDS, RETURNS, AND DEFECTIVE DVDs
No refunds are available for monthly and gift subscriptions. Defective films may be returned for a replacement, but not a refund.
If you receive a defective film you have 30 days to return it to us. If you return a defective DVD, you can return it to be replaced with the same title only; we cannot exchange a defective DVD for a different DVD title or a refund. If you wish to exchange the film, please send an email to email@example.com or call 1-866-YES-FILM to notify us of the defect. We will send a replacement film and a self addressed stamped envelope for you to return the defective film to us. Please include a note with the returned film stating the nature of the defect.
We do not accept returns or exchanges for non-defective subscription and catalog films.
Although all DVDs are checked before they are sent to you, titles are occasionally damaged in transit. If you receive a DVD that skips, try wiping the disc from its center to outer edge (never in a circular motion) with a clean, lint-free cloth. Dust particles are also a common cause for most playback problems. If cleaning doesn't solve your problem, email us at firstname.lastname@example.org. If customer service cannot solve your problem, we will replace a defective product with a new one, if you notify us within 30 days of receiving the defective DVD (please note: defective products will be replaced with the same product; we cannot exchange a defective item for a different item).
FM is firmly committed to protecting the privacy of each and every user.
FM occasionally must request that a user provide it with some personal information necessary to fill an order, send the user important messages, and personalize a user's shopping experience.
However, by using the Site (as defined in the Terms and Conditions of Participation), each user consents to FM's collection and use of personal information in the following manner:
- When opening an account with FM, a user must provide his/her name, mailing address, phone number, email address and password. With the user's consent, FM may use this information to contact the user about new releases, bargains and special promotions or giveaways. The user may remove him/herself from FM's mailing list at any time by sending the appropriate email.
- When purchasing an item, FM will require the user's shipping address, billing address and credit card number and expiration date. This information allows FM to process and fulfill the order, and to notify the user of the order's status.
- If the user desires to send information about a FM product to a friend over the Internet, FM will require the friend's email address in order to process this request. FM will not disclose this email address to other parties or send promotional emails to this other address.
- When a user participates in a FM contest or promotional event, FM will require the user's name, mailing address, email address or other relevant personal information so that it can administer the contest and notify winners.
- FM collects general demographic information about its users and shares it with advertisers and business development partners.
- If a user posts a customer review, FM collects the information that is posted.
- If FM receives an email with questions, suggestions or comments, it will collect the sender's email address so that it may respond.
- If a user's order is to be shipped to another address as a gift, FM will need the recipient's name, mailing address and phone number (optional) to fulfill the order.
- When a group or organization, like a film-festival, chooses to become affiliated with FM, it must provide FM with information about the membership of the group or organization.
- Some of the foregoing types of information are used by FM internally to improve how the Site benefits its users.
- If FM is required by law, in the form of a judicial order, judgment or subpoena, or it is necessary to enforce, protect or apply FM's contractual or proprietary rights, it may release such information as is required.
- FM also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement, officials, regulators or other third parties. In order to cooperate with governmental requests, to protect FM's customers, or to ensure the integrity and operation of FM's business and systems, FM may access and disclose any information it considers necessary or appropriate, including but not limited to user contact details, IP addresses and traffic information, usage history, and posted content.
LINKS TO OTHER WEBSITES AND SERVICES
The Site may contain links to partners, advertisers and third-party Websites and services that may collect data in connection with sweepstakes, promotions, e-commerce, etc. Each such link may have separate privacy and data collection practices, independent of FM. FM has no responsibility or liability for these independent policies or actions, and is not responsible for the privacy practices or the content of such sites.
FM is not responsible for, and makes no claims with respect to, the quality, reliability, availability, content or accuracy of any other websites or pages linked via this Site, including advertisements for any products or services available thereon.
To the extent that portions of this Site contain links to non-FM websites and outside products, services and resources, all relationships arising there from are between the users and outside providers and do not involve FM. Any concerns about such products, services or resources should be directed to the particular outside provider. FM does not endorse any such outside providers. When leaving this Site, please be aware that these Terms and Conditions of Participation and other policies no longer govern.
FM uses a web browser feature called a "cookie" to assign a unique identity to each user's computer. Cookies are files that a web browser places on the hard drive of user's computer. FM's cookies enable it to provide features such as welcoming the user by name, storing items between visits, and setting up other preferences that the user establishes during each visit to the Site.
Most web browsers automatically accept cookies, but a user can usually change his/her browser's settings to block them.
A unique number called an IP address identifies every computer on the Internet. If a user has a static IP address, he/she gets the same number each time he/she connects. If a user has a dynamic IP address, a number is assigned from a pool of addresses maintained by the user's ISP (Internet Service Provider) on a first-come basis. FM only uses the user's IP address to help diagnose problems with its server, to administer its Site, and to gather basic demographic information.
Examples of other types of automated information FM may collect include, without limitation, connection information, such as, browser type and version, operating system, and URL click stream.
The Site uses a variety of security measures to maintain the safety and security of your personal information. All user contact information is contained behind secured networks and is accessible only by a limited number of employees who have agreed to comply with all of FM's privacy and security policies. Passwords and credit card numbers are encrypted in FM's secure database, which is also located behind secured networks. All credit card information supplied by users is transmitted via Secure Socket Layer (SSL) technology and then encrypted in FM's databases as stated above. Please be sure that your web browser is SSL-enabled. You should always upgrade your web browser software to the latest versions for optimum security.
FM is not the agent, fiduciary, trustee or other representative of the user. Nothing expressed or mentioned in or implied from this Terms and Conditions of Participation is intended or shall be construed to give any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Terms and Conditions of Participation.
FM may employ other companies to perform certain functions on its behalf such as using a shipping company to deliver a user's order or using a processing company to authorize and verify a user's credit card. These companies have access to such user information as is necessary to perform their task.
Although FM makes every effort to insure that products are in stock when indicated and that information and prices concerning any products and services listed on the Site are accurate, THE PRICES AND AVAILABILITY OF SUCH PRODUCTS AND SERVICES ARE SUBJECT TO CHANGE WITHOUT NOTICE.
If a product or service has been listed at an incorrect price, FM reserves the right to refuse or cancel the user's order for that product or service even if the order has been confirmed. A user's receipt of a confirmation of an order from FM does not signify FM's acceptance of that order, and it may cancel such order or supply less than the quantity ordered. Certain products or services listed for sale may not be available to users located in certain areas, and FM may reject an order for this or any other reason.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OR MADE A PART OF THIS SITE, OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL ISSUES. ALL PRODUCTS AND SERVICES PURCHASED ON THIS SITE ARE SUBJECT ONLY TO THE WARRANTIES (IF ANY) FROM THEIR RESPECTIVE MANUFACTURERS OR OTHER SUPPLIERS, AND YOU AGREE THAT FM HAS NO LIABILITY TO YOU. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FM, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES AND ASSIGNS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER ARISING FROM THE USE OF THIS SITE, ITS CONTENT, PRODUCTS OR SERVICES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASE YOU AGREE THAT FM'S MAXIMUM LIABILITY TO YOU SHALL BE LIMITED TO THE AMOUNT IT RECEIVED FROM YOU WITH RESPECT TO THE TRANSACTION THAT GAVE RISE TO THE CLAIM.
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEM YOU MAY ENCOUNTER WITH THIS SITE OR ITS CONTENT IS TO DISCONTINUE YOUR USE OF THE SITE.
In the event that you have a dispute with one or more users, you release FM (and its officers, directors, employees, parents, subsidiaries, affiliates, agents, representatives and assigns) from any and all claims, demands and damages (compensatory, consequential and punitive) of every kind and nature, known and unknown, suspected and unsuspected and disclosed and undisclosed arising out of or in any way connected with such dispute. If you are a California resident, you waive California Civil Code ß1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Any controversy or claim arising out of or relating to these Terms and Conditions of Participation, or FM's products or services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in New York, New York. You voluntarily consent to the personal jurisdiction of New York for purposes of arbitration. Any judgment on the arbitration award may be entered in any court having jurisdiction thereof.
NOTICESAll notices in connection with these Terms and Conditions of Participation should be sent in writing to FM at:
Attn: Customer Service
237 West 35th Street
New York, NY 10001
These Terms and Conditions of Participation and any other policies or guidelines on the Site are incorporated herein by reference constitute the sole agreement between us with respect to the subject matter hereof. This Site is created and controlled by FM in New York, NY, USA. The laws of New Jersey will govern these Terms and Conditions of Participation, without giving effect to its conflicts of laws principles. If any provision hereof is held to be invalid or unenforceable, the other provisions hereof shall be enforced. Headings are for reference purposes only and in no way define or limit the scope of a section. Any failure by FM to act with respect to a breach by you will not waive FM's right to act with respect to subsequent or similar breaches. These Terms and Conditions of Participation shall be binding on and inure to the benefit of each of our respective successors and permitted assigns.
A printed version of these Terms and Conditions of Participation and of any changes thereto shall be admissible in judicial or administrative proceedings based upon or related to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
This Terms and Conditions of Participation, along with the application for membership to FM, constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede and cancel all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof.
FM reserves for itself all rights, titles, and interests not expressly granted under this agreement.