Effective: March 6, 2014

 

By accessing or using the Filmmaker Live platform, applications, tools, content, and services, which are owned and/or operated by Accelerated Pictures, Inc., whether through our website or our software and mobile apps (collectively, our “Services”), you are accepting and agreeing to be bound by the terms and conditions set forth below (these “Terms”).

 

Certain products and services offered through our Services may be subject to additional guidelines, terms and conditions and your use of those products and services is subject to those additional terms guidelines, terms and conditions, which are a part of these Terms. We expect our Services will change and improve over time and so we reserve the right to modify, revise, or discontinue parts of our Services, at any time.

 

Creating an Account

In most cases, our Services may only be used if you have created an account with us. By creating an account, you represent that (a) all required registration or other information you provide is truthful and accurate; (b) you are of legal age to agree to these Terms; and (c) your use of our Services does not violate any applicable law or regulation or these Terms. When you create an account, you will be asked to choose a username and a password for your account. You may not use a user name or profile that is used by someone else or that violates these Terms. We reserve the right to reclaim any user name that violates these Terms.

 

Privacy. Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users.

 

Your Account is Your Responsibility. You are responsible for maintaining the confidentiality of your password and for any and all use of your account. You should notify us immediately if you suspect any unauthorized use of your account or access to your password. You may not (a) use the account or username of any other user; (b) allow someone else to use your account or username; or (c) sell, lend, transfer, or otherwise share your account, temporarily or permanently, with someone else. If you violate these Terms, we reserve the right to issue you a warning, suspend or even terminate your account (along with your ability to access and use the Services).

 

Enterprise Accounts. If you are agreeing to these Terms on behalf of your employer, business, or other organization or entity, you represent and warrant that you have full legal authority to bind your employer, business, or such organization or entity to these Terms and that you and your authorized users will comply with the terms and conditions of these Terms. You will be provided with an administrative username and password for the account and will determine the access controls for the people who will be authorized to use the Services (authorized users). The account credentials for an authorized user cannot be shared or used by more than one (1) person. You are responsible for the activity occurring under the account by any authorized users (including compliance with these Terms). You can replace an authorized user by notifying us and requesting a change. You can also purchase additional authorized users for the account at any time.

 

Content

Content You Provide. You are responsible for the content, including any text, images, sounds, video, and other material and information, that you upload, post or store on our Services (your “Content”), including its legality, reliability, and appropriateness. You may only use or provide Content that you either own, created or have the right to use and publish. We do not use your Content except to provide you our Services. By uploading or posting your Content you grant us (and our service providers) the limited right and license to store, reproduce, publish, distribute, transfer, transmit, display, perform, and use your Content so that we may provide you with our Services. We will only make your Content available to other users of the Services who you have authorized to view and/or use your Content.

 

  1. There may be limits placed on the amount of storage you may use with your Content, and we reserve the right to revise those limits.

 

Contributions to Others. If you collaborate with another user and provide them with any content, suggestions, ideas or information in connection with their Content or project (a “contribution”), in doing so you are granting that user a non-exclusive, irrevocable, perpetual, fully-paid and royalty royalty-free right and license to use, reproduce, modify, create derivative works from, distribute, transmit, broadcast, publicly display, publicly perform, and exploit your contributions for any purpose and without any further obligation to you, unless you have both agreed, via a separate agreement and in advance of such contribution, to any alternative rights, conditions and/or ownership of such contributions.

 

Acceptable Use Policies

You are solely responsible for your conduct when using our Services and you agree that you will use our Services in compliance with all applicable laws and regulations.

 

Prohibited Conduct. You agree that you will not initiate, engage in, or encourage any Prohibited Conduct in connection with your use of our Services. “Prohibited Conduct” includes doing things like: (a) interfering or disrupting, or attempting to interfere or disrupt, any computer or network used to provide or support the Services; (b) restricting or inhibiting any other user from using and enjoying the Services; (c) promoting, encouraging, advocating, or providing instructional information about illegal activities; (d) harassing, bullying or threatening other users; (e) impersonating another person or representing yourself as affiliated with us, our staff or other industry professionals ; (f) soliciting passwords, account information or other personal information from other users; (g) except as approved by us in writing, conducting commercial activities and/or promotions or advertisements; (h) subleasing your account or offering “free space” on or other access to your account to others; (i) using the Services for fraudulent transactions or for any purpose that violates any applicable local, state, national, or foreign laws, regulations, or treaties; or (j) otherwise creating liability for us.

 

Prohibited Content. You agree that you will not post, exchange, make available, provide, or process any Prohibited Content. “Prohibited Content” includes content that: (a) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) bullies, defames, harasses or advocates stalking of, or intimidates another person; (c) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, or “spamming;” (d) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (e) is threatening, including threats directed at minors, threats against another individual or their family or friends; (f) infringes another person’s content without a license to do so; (g) promotes, copies, performs or distributes an illegal or unauthorized copy of another person’s work, whether it is protected or not, such as, presenting the work of a third party as your own (plagiarism) or providing pirated music, videos, or movies, or links to such content; (h) contains viruses, Trojan horses, worms, time bombs, or similar software; or (i) otherwise violates these Terms or creates liability for us.

 

Note about Public Areas. “Public Areas” are those areas on the Services such as forums, message boards, groups, and your public pages, where you can send (and receive) communications that will be publicly available to anyone who has access to that public area. You should be careful about your communications in Public Areas because these communications are available to other users and disclose your username and profile and any personal information you choose to disclose. You are solely responsible for your communications and the consequences of posting those communications to any Public Area.

 

Enforcement by Us. We have the right (but not the obligation) to review any or all portions of your Content and delete (or modify) any of your Content from our Services for any reason, including if we believe, in our sole judgment, your Content violates these Terms or is Prohibited Content, or that we believe constitutes or promotes Prohibited Conduct or otherwise threatens the safety of, or harms any other person, or creates liability for us or any other person. We reserve the right (but have no obligation) to investigate and take appropriate action, including removing your Content from our Services (or modifying it), suspending or terminating your account and/or providing our Services to you, and/ or or reporting you to law enforcement authorities, if you violate any provision of these Terms. In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, affiliates, service providers, partners, and other users, and/or to ensure the integrity and operation of our business and systems, we may access and disclose any information or content we consider necessary or appropriate, including your account information, IP address and traffic information, usage history, your Content, and your conduct.

 

Copyright Policy

It is our policy to remove, or disable access to, any content or materials that infringes any copyright on our Services after we have been properly notified by the copyright owner or the copyright owner’s legal agent. If you believe that your work has been copied and posted on through our Services in a way that constitutes copyright infringement, please provide us with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • an identification of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on our Services;
  • your address, telephone number, and e-mail address;
  • a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Notice of claims of copyright infringement should be sent to our Copyright Agent: Accelerated Pictures, Inc., Attention: Copyright Agent, 16625 Redmond Way M380, Redmond WA 98052 or via email to: info@acceleratedpictures.com

 

Using Our Services

As long as you comply with these Terms, you may view and use our Services to help layout, model, design and create your digital movies. No other use of our Services is authorized.

 

Software Applications. We make available software applications that you can download (to your computer or mobile device) to access and use our Services. As long as you comply with these Terms, you have the right to use our software to access and use the Services. This license is for the sole purpose of enabling you to use the Services, as permitted by these Terms. You may not copy, modify, distribute, sell, or lease any part of our Services or software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission. When you download our software from the Apple App Store, Google Play or other app store or platform (an “App Provider”), you acknowledge and agree that:

  • These Terms are concluded between us, and not with the App Provider, and that we (not the App Provider), are responsible for our software.
  • The App Provider has no obligation to furnish any maintenance and support services with respect to our software or handle any warranty claims.
  • The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to our software, such as, product liability claims, consumer protection claims, intellectual property infringement claims, or any claim that our software fails to conform to any applicable legal or regulatory requirement.
  • The App Provider is a third party beneficiary of these Terms as related to your license of our software, and the App Provider will have the right to enforce these Terms as related to your license of our software against you.

You must also comply with all applicable third party terms of service when using our software.

 

Ownership. You acknowledge that all intellectual property rights in our Services and our software and the underlying technology, and all information and content available on our Services and our software are owned by us and our suppliers (including other users) and are protected by copyright laws throughout the world. Except as explicitly allowed by these Terms, you may not download, upload, print, display, perform, reproduce, publish, license, post, transmit, modify, create derivative works of, reverse engineer, disassemble, decompile, adapt, distribute, transfer, or exploit the Services, our software or any content therein, in whole or in part without our prior written authorization. We, along with our partners and suppliers reserve all rights not granted in these Terms.

 

Feedback. If you provide any suggestions, ideas, feedback, or recommendations to us regarding our Services (“Feedback”), you agree that we may use this Feedback for any purpose, without any obligation to you, and by providing us with Feedback, you grant us a worldwide, perpetual, irrevocable, fully-paid and royalty-free license to use and exploit this Feedback in such a manner.

 

Third Party Services

Our Services contain links to content, products and services of third parties (“Third Party Services”). These Third Party Services are not under our control, and we are not responsible for their content, products or services, performance, operation, availability, business practices or policies. We are providing these Third Party Services to you only as a convenience but we do not imply any endorsement or recommendation of their content, products, or services, or of any association of us with such third parties. If you access any of these Third Party Services, you do this entirely at your own risk and any charges or obligations you incur in your dealings with these third parties, are your responsibility.

 

Fees

We charge fees for the use of our Services and for certain products and features, which are described in the Services, those specific products and features, and/or these Terms. These fees are subject to change at any time. We (or, in most cases, the App Provider) will charge your payment account or credit card for such purchases. By selecting these products, services or features, you are agreeing to pay the applicable fees assessed to your account. These fees do not include charges from your mobile carrier (like for any data plans), which you are responsible for paying. For our subscription-based services, we will charge your account at the beginning of each month and monthly thereafter until you cancel. You must cancel your subscription before it renews each month to avoid the billing of the next month’s fees to your account. You will not receive a refund for any partial month cancellation.

 

Virtual Assets

The Services include access to virtual, digital items and goods (collectively, “Virtual Assets”), which can be purchased from us using “real world” money, if you are of legal age in your country of residence. You agree that all sales of Virtual Assets are final. No refunds will be given or exchanges made for cash, except in our sole and absolute discretion. You agree that all Virtual Assets purchased by you are forfeited if your account is terminated or if we discontinue providing those portions of the Services. We have the absolute right to manage, regulate, control, modify and/or eliminate any or all Virtual Assets as we see fit. Prices and availability of Virtual Assets are subject to change without notice. We will not be liable to you or anyone else for the exercise of these rights.

 

Limited License. Subject to your compliance with these Terms, we (and/or our licensors) grant you a limited license to use the Virtual Assets within the Services. Additional rights or licenses may be granted or authorized with certain Virtual Assets. Other than the rights explicitly granted or authorized under that license, you have no other right, title, or interest in or to any such Virtual Assets, or any other attributes associated with the use of the Virtual Assets stored within the Services.

 

No Transfer. You understand that while you may "buy" or "purchase" Virtual Assets, you do not in fact own the Virtual Assets. You are purchasing a license to use the item or content that represents Virtual Assets for the Services. Virtual Assets do not have any value outside the Services and do not represent a stored value. Transfers of Virtual Assets are strictly prohibited except where explicitly authorized within the Services. Regardless of the terminology used, however, you may not buy or sell any Virtual Assets outside the Services or exchange or redeem them for “real world” money, goods or other items of monetary value from us or any other person. Doing so or attempting to do so will be a violation of these Terms.

 

Account Deactivation and Termination

By You. You can deactivate or terminate your account at any time through your account settings or by sending us a written request to deactivate or terminate your account.

 

By Us. We reserve the right to deactivate or terminate your account or suspend your access to your account, if you do not pay the applicable fees on time or if we believe you have violated or breached any of your obligations in these Terms.

 

Effect of Deactivation and/or Termination. If your account is deactivated, you will not be able to access your Content or use the Services. You acknowledge and agree that in such a case, we are not obligated to provide you with a copy of or make your Content available to you, unless you reactivate your account in accordance with these Terms. If your account is deactivated, unless your subscription plan provided for a longer period, your Content will be stored for up to 30 days, however, we make no guarantee that any (or all) of your Content will be preserved or recoverable, if you do not re-activate your account within that time. We reserve the right to charge a reactivation fee if your account is deactived. If your account is terminated or your access to our Services is suspended because you violated these Terms, you will not be entitled to any refund of any fees nor will any Virtual Assets or fees be credited or reimbursed to you in any form (whether in virtual form or “real world” form) and upon termination, you will have no further right to access the Services, any of your Content or your account.

 

Disclaimer

Our Services and software, as well as the Virtual Assets, are provided on an “AS IS” and “AS AVAILABLE” basis and we do not represent, warrant, or guarantee that the Services, or our software will be provided uninterrupted, error-free, virus-free, or that defects will be corrected. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES REGARDING THE SERVICES AND OUR SOFTWARE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR USE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, OR CURRENTNESS. If applicable law requires any warranties with respect to our Services or our software, all such warranties are limited in duration to thirty (30) days from the date of your first use of our Services or software. No warranties are made by any of our partners or suppliers. Your access and use of our Services and our software is at your own risk.

 

You agree that any Content you submit to us through our Services is done at your own discretion and risk. You will be solely responsible for any loss or damage to your Content (and for making any backup copies). We are not responsible for the content provided by, or the conduct of, any user that you permit to access your Content and you bear the entire risk of using the Services and any interactions with other users. Your interactions with third parties from any Third Party Services are between you and those third parties.

 

We operate and provide the Services from the United States. We make no representation that the Services are appropriate or available in other locations. The Content, Virtual Assets, and information provided on the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to any law or regulation of that jurisdiction or country or which would subject us to any registration requirement within that jurisdiction or country.

 

Limitation of Liability

WE WILL NOT BE LIABLE IN ANY WAY FOR ANY CLAIM, DAMAGE, COST, LIABILITY, OR LOSS OF ANY KIND, INCLUDING LOSS OR DAMAGE TO YOUR ACCOUNT, YOUR CONTENT, OR OTHER DATA OR INFORMATION, OR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, ARISING FROM OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES OR OUR SOFTWARE, FOR ANY REASON, INCLUDING INTERRUPTIONS CAUSED BY (A) SOFTWARE OR HARDWARE FAILURES OR ISP DISRUPTIONS, (B) DELAYS, NON-DELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY US, (C) YOUR CONTENT OR ANY INFORMATION PROVIDED BY YOU, ANY OTHER USER, OR OTHERWISE DISCLOSED ON THE SERVICES, (D) ANY VIRTUAL ASSETS, OR (E) YOUR OR ANY OTHER USER'S ERRORS OR OMISSIONS.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THESE TERMS, OUR SERVICES, SOFTWARE, OR ANY CONTENT OR VIRTUAL ASSETS, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

OUR TOTAL LIABILITY TO YOU RELATING TO THESE SERVICES FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO THE AMOUNTS YOU HAVE PAID FOR THE SERVICES IN THE SIX (6) MONTHS PRECEDING THE DATE OF THE FIRST CLAIM GIVING RISE TO THE LIABILITY.

 

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

 

Indemnification

You agree to defend, indemnify, and hold us harmless from any claim, liability, loss, injury, damage, cost, or expense (including attorneys’ fees) incurred by us arising out of or relating to (a) your use of the Services (other than in accordance with these Terms), or (b) your Content, and in either case, including any violation or breach of any provision in these Terms or any violation of any rights of a third party.

 

Modification

These Terms may be amended by us from time to time. If we make material changes to these Terms, we will provide notice to you, such as by posting the revised Terms or sending you a notice through the Services or your account. Your continued use of the Services after the changes go into effect will constitute your agreement to such changes. If you object to any change, your sole recourse is to terminate your account and cease using the Services.

 

General Provisions

These Terms constitute the entire agreement between us regarding your use of our Services, which supersede and replace any prior written or oral agreements regarding the foregoing. Our failure to exercise or enforce any right or provision in these Terms is not a waiver of such right or provision. If any provision in these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will continue, unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. The rights or obligations to use the Services are personal to you and are not assignable, and any such attempted assignment or transfer shall be void and without effect. These Terms will be governed and interpreted by and under the laws of the State of Washington, without giving effect to any conflicts of laws principles that would require the application of the law of a different state or jurisdiction.

 

Dispute Resolution and Release

Disputes with us. Any dispute with us relating to our Services or these Terms will be subject to and finally settled by arbitration in King County, Washington, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who will be selected from the appropriate list of JAMS arbitrators in accordance with their rules. Any judgment or award may be entered in a court that has jurisdiction. By using our Services you consent to personal and exclusive jurisdiction and venue in the state and federal courts for King County, Washington. Any cause of action relating to our Services or these Terms must be brought within one (1) year after the cause of action arose; otherwise, that cause of action is permanently barred.

 

Disputes with other users. If you have a dispute between you and another user or a third party, you must contact that user or third party to resolve the dispute yourselves. We do not provide a dispute resolution process for users and will not participate in attempting to resolve such disputes. You release us from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party in connection with your use of our Services.

 

Contacting Us

If you have any questions about these Terms, please contact us at info@acceleratedpictures.com