Terms /

Where creativity meets opportunity

1. Your Acceptance

By using and/or visiting this website, including all content, products, software and services offered via the openfilm website (www.openfilm.com) and related websites (hereinafter collectively referred to as the "Openfilm Website"), you signify your agreement to these terms and conditions (the "Terms of Use"). Openfilm may, in its sole discretion, modify or revise these Terms of Use at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

2. Openfilm Website

A. These Terms of Use apply to all users of the Openfilm Website, including users who contribute video content, information, and other materials or services on the Website. The Openfilm Website includes all aspects of Openfilm, including but not limited to all products, software and services offered via the Openfilm Website.

B. The Openfilm Website may contain links to third party websites that are not owned or controlled by Openfilm. Openfilm has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Openfilm will not and cannot censor or edit the content of any third-party site. By using the Openfilm Website, you expressly release Openfilm from any and all liability arising from your use of any third-party website.

3. Openfilm Accounts

A. In order to access some features of the Openfilm Website, you will have to create an Openfilm member account, which is subject to a separate Openfilm Member Agreement, which can be accessed at www.openfilm.com/info/member-agreement/. You may not use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Openfilm immediately of any breach of security or unauthorized use of your account.

B. Although Openfilm will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Openfilm or others due to such unauthorized use.

4. Use of the Openfilm Website - Permissions and Restrictions

Openfilm hereby grants you permission to access and use the Openfilm Website as set forth in these Terms of Use, provided that:

A. You agree not to distribute in any medium any part of the Openfilm Website, including but not limited to User Submissions (defined below), without Openfilm's prior written authorization.

B. You agree not to alter or modify any part of the Openfilm Website, including but not limited to the technologies it utilizes.

C. You agree not to access User Submissions (defined below) or Openfilm content through any technology or means other than the video playback pages of the Openfilm Website itself or other explicitly authorized means Openfilm may designate.

D. You agree not to use the Openfilm Website, including the Openfilm's embeddable player for any commercial use, without the prior written authorization of Openfilm. Prohibited commercial uses include any of the following actions taken without Openfilm's express approval:

  • sale of access to the Openfilm Website or its related services on another website;
  • use of the Openfilm Website or its related services for the primary purpose of gaining advertising or subscription revenue;
  • the sale of advertising, on the Openfilm Website or any third-party website, targeted to the content of specific User Submissions or Openfilm content;
  • and any use of the Openfilm Website or its related services that Openfilm finds, in its sole discretion, to use Openfilm's resources or User Submissions with the effect of competing with or displacing the market for Openfilm, Openfilm content, or its User Submissions.

E. Permitted commercial uses include uploading an original video to Openfilm, or maintaining an original channel on Openfilm, to promote your business or artistic enterprise, subject to the terms of the Openfilm Member Agreement, and any other use that Openfilm expressly authorizes in writing.

F. If you use the Openfilm embeddable player on your website, you must include a prominent link back to the Openfilm Website on the pages containing the embeddable player and you may not modify, build upon, or block any portion of Openfilm's embeddable player in any way.

G. You agree not to use or launch any automated system, including without limitation, "robots", "spiders" or "offline readers", to generate artificial views of Video Content, or to otherwise access the Openfilm Website in a manner that sends more request messages to the Openfilm servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Openfilm grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Openfilm reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Openfilm Website, nor to use the communication systems provided by the Openfilm Website (e.g. discussion forums, comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Openfilm Website with respect to their User Submissions.

H. In your use of the Openfilm Website, you will otherwise comply with the terms and conditions of these Terms of Use, and all applicable local, national, and international laws and regulations.

I. Openfilm reserves the right to discontinue any aspect of the Openfilm Website at any time.

5. Your Use of Content on the Site

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Openfilm Website.

A. The content on the Openfilm Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Openfilm, subject to copyright and other intellectual property rights under the law. Content on the Openfilm Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Openfilm reserves all rights not expressly granted in and to the Openfilm Website and its contents.

B. You may access User Submissions solely for your information and personal use, or as otherwise intended through the normal functionality of the Openfilm Website.

C. User comments are made available to you for your information and personal use solely as intended through the normal functionality of the Openfilm Website. User comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Openfilm Website or otherwise as prohibited under this Agreement.

D. You may access Openfilm Content, User Submissions and other content only as permitted under this Agreement. Openfilm reserves all rights not expressly granted in and to the Openfilm Content and the Openfilm Website.

E. You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Openfilm Website for any commercial purposes.

F. You agree not to circumvent, disable or otherwise interfere with security-related features of the Openfilm Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Openfilm Website or its Content.

G. You understand that when using the Openfilm Website, you will be exposed to User Submissions from a variety of sources, and that Openfilm is not responsible for the accuracy, functionality, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Openfilm with respect thereto, and agree to indemnify and hold Openfilm, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Openfilm Website.

6. Account Termination Policy

A. Openfilm may terminate a User's access to the Openfilm Website without prior notice if Openfilm determines that the User has acted in contravention of these Terms of Use.

B. Openfilm reserves the right to decide whether Content or a User Submission is appropriate for display on the Openfilm Website, and Openfilm may remove any User Submissions or Content at any time, without prior notice, in its sole discretion.

7. Digital Millennium Copyright Act

A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Openfilm's copyright department with the following information in writing:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • 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 the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • 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
  • 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.

Notifications of claimed infringement should be emailed to copyright@openfilm.com. You acknowledge that if you fail to comply with all of the requirements of this Section 8(A), your DMCA notice may not be valid.

B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:

  • Your physical or electronic signature;
  • 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;
  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Miami, Florida, 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 Openfilm™s copyright department, Openfilm may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it 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 Openfilm's sole discretion.

8. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE OPENFILM WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, OPENFILM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE OPENFILM WEBSITE AND YOUR USE THEREOF. OPENFILM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE OPENFILM WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE OPENFILM WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE OPENFILM WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE OPENFILM WEBSITE. OPENFILM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE OPENFILM WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND OPENFILM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

9. Limitation of Liability

IN NO EVENT SHALL OPENFILM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE OPENFILM WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE OPENFILM WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE OPENFILM WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE OPENFILM WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT OPENFILM SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Openfilm Website is controlled and offered by Openfilm from its facilities in the United States of America. Openfilm makes no representations that the Openfilm Website is appropriate or available for use in other locations. Those who access or use the Openfilm Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

10. Indemnity

You agree to defend, indemnify and hold harmless Openfilm, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Openfilm Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Openfilm Website.

11. Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

12. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Openfilm without restriction.

13. General

You agree that: (i) the Openfilm Website shall be deemed solely based in Florida; and (ii) the Openfilm Website shall be deemed a passive website that does not give rise to personal jurisdiction over Openfilm, either specific or general, in jurisdictions other than Florida. These Terms of Use shall be governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. Any claim or dispute between you and Openfilm that arises in whole or in part from the Openfilm Website shall be decided exclusively by a court of competent jurisdiction located in Miami-Dade County, Florida. These Terms of Use, together with any other legal notices published by Openfilm on the Openfilm Website, shall constitute the entire agreement between you and Openfilm concerning the Openfilm Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Openfilm's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Openfilm reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Openfilm Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND OPENFILM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE OPENFILM WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Last updated: January 15, 2010

U.S. Sales only

Purchases or rentals (as applicable) from Openfilm are available to you only in the United States, its territories, and possessions, and are not available in any other location. You agree not to use or attempt to use Openfilm from outside of the available territory. Openfilm may use technologies to verify such compliance.

Sales to end users only

Openfilm sells and rents (as applicable) products ("Products") to end user customers only. The Products are licensed for personal use only on one computer or mobile device.

Refund policy

All Sales and rentals (as applicable) are final.

Payment methods

Openfilm accepts credit cards and payment through your PayPal account as forms of payment. If a credit card company, or your PayPal account, is being used for a transaction, Openfilm may obtain a pre-approval from the credit card company or from PayPal (as the case may be) for an amount up to the amount of the order. Billing to your credit card or to your PayPal account occurs at the time of purchase or rental (as applicable) or shortly thereafter.

Openfilm accepts the following credit cards: Visa, MasterCard, American Express, and Discover.

Please note

We are unable to accept credit cards issued by banks outside of the United States or prepaid gift cards issued by credit card companies. Debit cards and check cards have daily spending limits that may prevent the processing of your order.

If a transaction has been declined online due to credit card issues, or issues with your PayPal account, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card or your PayPal account (as the case may be) for your transaction and should use another credit card.

Billing

If you use the Shopping Cart functionality, you will have one order that authorizes and bills as a single transaction.

Sales tax

Openfilm transactions will include sales tax based on the bill-to address and the sales tax rate in effect at the time your transaction is completed. If the sales tax rate for the billing address changes before the purchased or rented (as applicable) digital content is downloaded, the new tax rate in effect at the time of download will apply. We will only charge tax in states where digital goods are taxable. No customers are eligible for tax exemptions for transactions made on Openfilm.

Broadband Internet connection required.

Prices

Openfilm endeavors to offer you competitive prices on current selections, but the content provider establishes the price for each Product. Your total price will include the price of the Product plus any applicable sales tax (in effect on the day of download). Openfilm reserves the right to change prices for Products offered at Openfilm at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering.

Content availability

Openfilm makes every effort to provide a broad content offering. For this reason, Openfilm reserves the right to change content options without notice. On occasion, a Product may become unavailable following a transaction but prior to download. Your sole remedy in such cases is a refund of the price paid for the unavailable Product. Please contact Openfilm Customer Service for assistance in such cases (see below).

Content usage rules

Your use of any Products purchased or rented (as applicable) from Openfilm is conditioned upon your prior acceptance of the Terms of Service, including, without limitation, the Usage Rules set forth therein.

Other terms and conditions

Openfilm is not responsible for typographic errors.

Openfilm reserves the right to change the terms and conditions of sale at Openfilm at any time. Customers are encouraged to review the Terms of Sale on a periodic basis for modifications.

All transactions on Openfilm are governed by Florida law, without giving effect to its conflict of law provisions. Risk of loss and title for all electronically delivered transactions pass to the purchaser or renter (as applicable) in Florida upon electronic transmission to the recipient. No Openfilm employee or agent has the authority to vary any of Openfilm's policies or the terms and conditions governing any sale.