Terms Of Use

Terms and Conditions

**PLEASE READ THIS DOCUMENT CAREFULLY**

This website (“www.thefilmwarriors.com”) is provided to you by The Film Warriors Ltd (“The Films Warriors”, “we” or “us”. Your access to and use of this Site is subject to these Terms and Conditions of Use. By accessing this Site, you agree to be bound by these Terms and Conditions of Use whether or not you have read them. If you do not agree to these Terms and Conditions of Use, do not access this Site.

Description of The Film Warriors Service:

The Film Warriors Service is provided by The Film Warriors Ltd. The Film Warriors Service is an Internet-based home entertainment service that provides access to a library of movies, images, television shows, artwork and/or other episodic content (“Content”) through your computer or mobile device, your Internet-capable television and/or a proprietary device manufactured by The Film Warriors Ltd. or a third party who is licensed to incorporate the Film Warriors Service into its device(s) (collectively, the “The Film Warriors Devices”). Please direct all questions regarding the Film Warriors Service to [email protected]

The Film Warriors reserves the right in its sole and absolute discretion to change how it operates The Film Warriors Service and the Website. You should not consider any description of how The Film Warriors Service works to be a representation or obligation with respect to how The Film Warriors Service will work in the future.

1.- Who May Use The Film Warriors Service

AGE REQUIREMENT: You must be at least 13 years old to use The Film Warriors Service. If you are at least 13, but are still a minor (this depends on where you live), you must have your parent or legal guardian’s permission to use The Film Warriors Service. Please have him or her read this Agreement with you.

NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use The Film Warriors Service, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child’s use of The Film Warriors Service. If your child is using The Film Warriors Service and is either under 13 or does not have your permission, please contact us immediately so that we can disable his or her access. If you have questions about whether the Vimeo Service is appropriate for your child, please contact us.

WARNING: Even if you are old enough to use The Film Warriors Service and/or have your parent’s or guardian’s permission, some of the content available within the Vimeo Service may not be appropriate for you. Some content may contain “R-rated” material, nudity, profanity, and mature subject matter. If you are under 18, do not view such content.

 

2.-Membership

In order to access and use The Film Warriors Website and Service, you must open an account online. During online setup of your Account, these Terms of Service will be provided electronically. You can access a printable/downloadable version of these Terms of Service before selecting “I Agree” by visiting www.thefilmwarriors.com.

ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by authorized or unauthorized users. You must not allow others to use your account credentials and you must safeguard the confidentiality of those credentials. If you are using a computer that others have access to, you must log out of your account after using The Film Warriors Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately.

3.- Privacy

Your privacy rights are set forth in our Privacy Policy, which forms a part of this Agreement. Please review the Privacy Policy to learn about:

-What information we may collect about you;

-What we use that information for; and

-With whom we share that information.

4.-Service Minimum Requirements

YOU MUST HAVE HIGH-SPEED INTERNET CONNECTIVITY, AN ACCOUNT AND A DEVICE COMPATIBLE WITH THE SERVICE TO USE THE Film Warriors SERVICE. You will be responsible for all costs associated with procuring and maintaining the Internet connectivity and device(s) necessary to access and use the Film Warriors Service, including but not limited to any internet connectivity, data transmission or airtime fees charged by internet service providers or mobile phone carriers while accessing the Film Warriors Service or Content. The Film Warriors Service is available worldwide.

5.-The Warrior Content

You can only “rent” Content through the Film Warriors Service. When you order Content for rental, you will be granted a non-exclusive, non-transferable limited license to access, use in accordance with any additional terms that may be provided with your compatible device, and view the Content within the applicable exhibition period.

6.- The Warrior Community

All video content in The Warrior Community it’s free to watch. You will be granted a non-exclusive, non-transferable limited license to access, use in accordance with any additional terms that may be provided with your compatible device,

7.-Credits/Promotional Codes

From time to time, Film Warriors (or its partners) may offer credits or promotional codes which allow you to rent content. Such credits or promotional codes are intended for your use only and are not to be transferred or sold by you. The Film Warriors reserves the right to restrict access to content redeemable with credits or promotional codes in the event of a violation of these Terms of Service.

8.-Exhibition Period

When you rent Content, it is your responsibility to review any additional terms of use provided to you. Such additional terms of use may set forth restrictions upon your window of time to initiate viewing of content and, once initiated, the duration of time you have to complete viewing such Content. If no additional terms concerning timing and duration of viewing the Content are applicable to your order, then the following general terms may apply:

• If you rent Content, the viewing must typically be completed within 48 hours. This gives you the right to stream a video an unlimited number of times during a specific time period.

If you have questions concerning the availability of Content that you have ordered, please contact Costumer Service at [email protected]

9.-Billing

By using The Film Warrior Service, you are expressly agreeing that the Film Warriors is authorized to charge you any applicable rental or taxes and any other charges you may incur in connection with your use of The Film Warriors Service to the payment method you provided during registration (or to a different payment method if you change your account information). The fees and charges for selected Content, applicable taxes and any other fees incurred will automatically be charged to your payment method in your Account. Fees are payable only in GBP. The Film Warrior may change the fees and charges in effect or add new fees and charges from time to time. There may be a temporary disruption of your access to The Film Warrior Service until The Film Warrior can verify the validity of any new credit or debit card information. Pricing errors may occur on the Website. In the event of a pricing error, The Film Warrior reserves the right to restrict your access to Content, with no further obligations to you, even after your receipt of Content or confirmation of Content availability. The Film Warrior may, in its sole discretion, either contact you for instructions or restrict access to Content.

10.-Cancellation and Refunds

You may cancel your Account at any time by following the procedures outlined at www.thefilmwarriors.com.

You may make payments to The Film Warriors for transactions and services that The Film Warriors offers, including The Film Warriors Rental content. All payments are final and non-refundable. Notwithstanding the foregoing, The Film Warriors may, in its sole discretion, make refunds if it determines that the circumstances warrant a refund.

Content rented on The Film Warriors is nontransferable and will be deleted from your Account upon cancellation of your Account. Cancellation of your Account will also terminate your access to Content that you have rented.

11.-Content Restrictions

You understand and agree that the Content is licensed by The Film Warrior from Content Providers. Copyrights in the Content are owned by the Content Providers and protected by the copyright laws of England and Wales, as well as other intellectual property laws and treaties. Except as expressly provided herein, no right, title or interest in the Content is transferred to you. All Content is licensed, not sold, transferred or assigned to you. You have a limited right in the Content for personal, non-commercial use only on devices compatible with The Film Warrior Services. You may not edit, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, translate, create derivative works from, transfer, alter, adapt, sell, rent, lease or sublicense any Content, or facilitate any of the foregoing. Without limiting the generality of the foregoing, you may not (i) show any Content to any public audience or view it in a public location; (ii) duplicate, reproduce, transfer, record or create copies of Content or any portion thereof (including, without limitation, by “burning,” P2P file-sharing, posting, uploading or downloading) onto any physical medium, memory or device except as permitted herein , including without limitation, CDs, DVDs, VCDs, portable media devices, computers or other hardware or any other medium now known or hereinafter devised. You may not attempt to circumvent, avoid, bypass, remove, deactivate, impair or otherwise defeat any encryption, rights signaling or copy protection technology in which the Content is wrapped or otherwise associated. You may not decompile, copy, reproduce, reverse engineer, disassemble or otherwise reduce the computer file in which the Content is stored to a human-readable format. Any unauthorized copying or other activities that infringe upon the intellectual property rights of the Content Providers/owners of the Content is prohibited, and you expressly agree to the automatic termination of The Film Warriors Service if you engage in any infringing activities. Upon any such termination, the Content will be deleted from your Account. Except as specifically granted herein, all rights to the Content are reserved by the owner of such Content.

12.- Content Selection

We will determine the selection, availability and quality of all Content provided on The Film Warriors Service. The selection, quality and availability of the Content offered can/may be unique to each Account. BY USING THE FILM WARRIORS COMMUNITY FEATURE AND ALL RELATED FEATURES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE RELEASE OF INFORMATION ABOUT YOU TO A PUBLIC FORUM, INCLUDING OTHER MEMBERS OF THE [NAME] COMMUNITY, USERS OF THE [NAME] SERVICE AND OTHER VISITORS TO THE [NAME] WEBSITE. IF YOU DO NOT WANT INFORMATION ABOUT YOU, INCLUDING PERSONALLY IDENTIFYING INFORMATION, TO BE SHARED IN A PUBLIC FORUM, DO NOT USE THE [NAME] COMMUNITY FEATURES.

Use of The Film Warriors Community feature is for your personal, non-commercial use and is at your own option and risk. The Film Warriors Community contains several different elements (e.g. blog, forum, etc.), each with its own degree of associated information sharing and features. These elements may change without notice to you, and the degrees of associated information sharing and functionality may also change without notice.

13.- Your Submissions

If you send us any submissions (e.g. e-mails, letters, postings to chat rooms, boards or contests), feedback, creative suggestions, ideas, notes, drawings, concepts or other information through The Film Warriors Service, your Account or any social media account may maintain from time to time (e.g., Twitter, Facebook, etc.) (collectively, Submissions”), they will be deemed to be our property and we will not be liable for any use or disclosure of such Submissions. Without limitation of the foregoing, we shall exclusively own all now-known or hereafter existing rights to any and all Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. The content of any Submissions must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable and may not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of the Submissions. We reserve the right (but not the obligation) to remove or edit any Submissions, but we do not regularly review posted Submissions.

14.- Your Representations and Warranties

For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to Vimeo and grant the licenses set forth above; (ii) Vimeo will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.

15.- Your Conduct on The Film Warrior Website

By accessing The Film Warrior Website, you agree to use The Film Warrior Service, features and functionalities associated therewith, the Website and its content in accordance with all applicable laws, rules and regulations. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any Submissions and/or other material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with The Film Warrior Website. You also agree not to interfere with the servers or networks connected to The Film Warrior Website or The Film Warrior Service or to violate any of the procedures, policies or regulations of networks connected to The Film Warrior Website or The Film Warrior Service. You also agree not to impersonate any other person while using The Film Warrior Website, The Film Warrior Community and related features and that you will not conduct yourself in a vulgar or offensive manner while using The Film Warrior Service, Website or The Film Warrior Community.

16.- Account Access

You are solely responsible for the activity on your Account, including, but not limited to all rentals made from your Account, maintaining the confidentiality of your Account password. You acknowledge and agree that you assume full responsibility for the conduct of those to whom you disclose your account information or password. If you use a public or shared computer or unprotected mobile device, you should always log out at the end of each visit to The Film Warrior Website. The Film Warrior reserves the right to place any account on hold at any time with or without notification to you in order to protect itself and its partners from what it believes to be fraudulent activity. The Film Warrior is not obligated to credit or discount a membership for holds placed on the account by either a representative or by the automated processes.

17.- Termination

We reserve the right to terminate your Account and/or your use and access to The Film Warrior Service at any time with or without cause. If The Film Warriors Service is terminated for any reason, your credit card will be refunded any GBP balance that remains in your Account.

18.- Digital Millennium Copyright Act:

If you are a copyright owner or an agent thereof and believe that any Content, user submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 51 2(c)(3) for further details):

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;

4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;

5. A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our designated Copyright Agent to receive notifications of claimed infringement is: Copyright Agent, [email protected] For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support and other communications should be directed to our Customer Care at [email protected] You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

If you believe that content or a Submission of yours that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner or the copyright owner’s agent, or pursuant to the law, to post and use such content or Submission, you may send a counter-notice containing the following information to the Copyright Agent:

1. Your physical or electronic signature;

2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

3. A statement that you have a good-faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content; and

4. Your name, address, telephone number and e-mail address, a statement that you consent to the jurisdiction of the federal court in Santa Clara County, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that the removed content may be replaced or no longer disabled in 10 business days.

Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter notice, at our sole discretion.

19.- Links to Third Party Websites

The Film Warrior Website may contain links to third-party sites which are not under our control, and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are providing these links to you only as a convenience, and the inclusion of any link does not imply that we endorse or accept any responsibility for the content on such third-party site.

20.- Warranty Disclaimer; Limitation of Damages and Liability

The Film Warriors SERVICE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. NEITHER The Film Warriors NOR THE CONTENT PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO The Film Warrior SERVICE OR CONTENT MADE AVAILABLE THROUGH The Film Warriors SERVICE OR THAT The Film Warriors CONTENT OR The Film Warriors SERVICE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, ERROR-FREE OR FREE FROM VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSION, AND The Film Warriors AND CONTENT PROVIDERS DISCLAIM ANY LIABILITY RELATING THERETO. NEITHER WE NOR THE CONTENT PROVIDERS ASSUME ANY LIABILITY FOR ERRORS OR OMISSIONS IN The Film Warriors SERVICE, CONTENT OR CONTENT OF The Film Warriors WEB SITE OR ANY LOSSES OR DAMAGES ARISING FROM THE USE OF The Film Warriors SERVICE, CONTENT OR The Film Warriors WEBSITE. YOU AGREE THAT The Film Warriors MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF The Film Warriors SERVICE, The Film Warriors COMMUNITY AND The Film Warriors COMMUNITY FEATURES OR ANY OTHER ASPECTS OF The Film Warriors SERVICE AT ANY TIME, WITHOUT COMPENSATION OR NOTICE TO YOU. YOU AGREE THAT NO OTHER EXPRESS OR IMPLIED WARRANTIES WILL APPLY TO The Film Warriors SERVICE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, The Film Warriors AND THE CONTENT PROVIDERS DISCLAIM ANY WARRANTIES OF SATISFACTORY QUALITY, NONINFRINGEMENT, TITLE OR QUIET ENJOYMENT AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE BY [NAME] OR CONTENT PROVIDERS, SHALL [NAME], CONTENT PROVIDERS OR ANY OF THEIR OR The Film Warriors’ DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, BASED UPON A CLAIM OF ANY TYPE OR NATURE (INCLUDING, BUT NOT LIMITED TO, CONTRACT AND TORT, INCLUDING NEGLIGENCE, WARRANTY OR STRICT LIABILITY) OR CLAIMS ARISING FROM ANY OF THE FOLLOWING: (i) ANY INABILITY TO USE OR ACCESS The Film Warriors SERVICE OR CONTENT; (ii) THE TERMINATION OF THE [NAME] SERVICE; (iii) ERRORS OR OMISSIONS IN THE CONTENT; OR (iv) ANY FAILURES, DELAYS OR INTERRUPTIONS IN THE AVAILABILITY OF The Film Warrior SERVICE AND/OR WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL The Film Warriors’ OR CONTENT PROVIDERS’ TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES ARISING FROM THE USE OR INABILITY TO USE The Film Warriors WEBSITE, The Film Warriors SERVICE OR CONTENT, INCLUDING ANY FEATURES ASSOCIATED THEREWITH (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE FEES PAID BY YOU DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE. THE FOREGOING LIMITATIONS APPLY EVEN IF THE REMEDIES DESCRIBED ABOVE FAIL OF THEIR ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT OF APPLICABLE LAW.

21.- Injunctive Relief

You agree that any violation or breach by you of these Terms of Service will result in irreparable harm to us, and that monetary damages will be an inadequate remedy, and you hereby agree that we shall be entitled to seek injunctive relief.

22.- Severability

If any provision of these Terms of Service is deemed unlawful, void or for any reason unenforceable, then that provision shall be severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.

23.- Governing Law, Determination of Disputes

This Agreement shall be governed by, and construed in accordance with, the laws of England and Wales without giving effect to any principles of conflicts of law. EACH PARTY HEREBY WAIVES THE RIGHT TO TRIAL BY JURY. Any dispute arising out of, or in connection with, this Agreement shall be submitted to the Superior Court in and for the County of England and Wales (or if the Superior Court shall not have jurisdiction over the subject matter thereof, then to such other court sitting in said county and having subject matter jurisdiction) for trial and determination by the court. Said parties hereby consent to the exclusive jurisdiction of such court and to the service of process by mail outside England and Wales pursuant to the requirements of such court in any matter so to be submitted to it. Content Providers are third party beneficiaries of these Terms of Service and may enforce these Terms of Service, at law or in equity, with respect to Content or any other materials provided by it.

24.- Indemnity

You agree to indemnify, defend and hold The Film Warriors and its affiliates, officers, agents, co- branders, licensors, partners and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of The Film Warriors Website, The Film Warriors Service or participating in any of the foregoing programs offered by The Film Warriors herein, including, without limitation, your violation of these Terms of Service or your violation of any rights of another.

25.- Changes to Terms of Service

The Film Warriors reserves the right, from time to time, with or without notice to you, to change these Terms of Service in its sole and absolute discretion. The most current version of the Terms of Service will supersede all previous versions. The most current version of these Terms of Service can be accessed by clicking on the “Terms of Service” link located at the bottom of the Website. You should periodically visit the Terms of Service page on the Website so you are aware of the terms and conditions that apply to your use of The Film Warriors Service and the Website. Your continued use of The Film Warriors Service and the Website will represent your acceptance of the most current Terms of Service.

This Agreement constitutes the entire understanding between The Film Warriors and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.

Last Update: 15th August 2016