Terms of service
MTI USA, Inc. d/b/a Film Annex (“Film Annex,” “we,” “us,” or “our”) welcomes you. We’re really excited that you have decided to access and use one of the websites from our network, which includes, without limitation, www.filmannex.com (collectively, the “Websites”) and/or our Facebook, Twitter, and/or our other social media pages (the “Social Media Pages” and collectively with the Websites, the “Services”).
DESCRIPTION AND USE OF SERVICES
Film Annex is a place to view and upload content that may include information, text, images, audio, video, articles, and any other content that complies with our community guidelines set forth below (“User Submissions”). User Submissions will be indexed and crawled by our search technology and otherwise used by Film Annex for public display on the Websites and/or the Social Media Pages where User Submissions will be posted, viewed, and shared with others.
We provide Visitors, Registered Filmmakers, Registered Writers, and Registered Viewers with access to the Services as described in this Agreement. Registered Filmmakers, Registered Writers, and Registered Viewers are collectively known as “Registered Users.”
Visitors. Visitors, as the term implies, are people who don’t register with us, but want to poke around and see what the Services are all about. No login is required for Visitors. Visitors can (a) watch and rate all publicly-accessible content, including award-winning movies; (b) search for content; (c) post comments about the content; and (d) e-mail us.
Registered Filmmakers. Login is required for all Registered Filmmakers. Registered Filmmakers can do all the things that Visitors can do, and also (a) promote their films; (b) get a free Web TV channel on the Websites to showcase their work; (c) generate monthly revenues (up to ten times more than YouTube and similar platforms); (d) connect with people in the film industry; and (e) reach over 1,500,000 people a day.
Registered Writers. Login is required for all Registered Writers. Registered Writers can do all the things that Visitors can do, and also submit articles for inclusion on the Services.
Registered Viewers. Login is required for all Registered Viewers, who can do all the things that Visitors can do, and: (a) get a free Web TV channel on the Websites to display their favorite films; (b) generate monthly revenues through their Web TV channel; (c) interact with filmmakers; (d) join the film industry; (e) meet with film buffs who share their interest in movies; and (f) save their favorite content and build playlists.
Film Annex is under no obligation to accept any individual as a Registered User, and may accept or reject any registration in its sole and complete discretion. In addition, Film Annex may deactivate any account at any time, including, without limitation, if it determines that a Registered Users has violated these Terms of Service.
Film Annex’s community, like any community, functions best when its people follow a few simple rules. By accessing and/or using the Services, you hereby agree to comply with these community rules and that:
- You will not use the Services for any unlawful purpose;
- You will not upload, post, e-mail, transmit, or otherwise make available any content that:
- infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
- is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, or promotes extreme violence or cruelty to animals, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
- discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.
- You will not “stalk” or otherwise harass another;
- Please be courteous, because everyone wants to be treated with respect, and showing respect to others makes the community better for all members;
- Don’t spam or use the Services to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, website, or company; or engaging in any pyramid or other multi-tiered marketing scheme. Registered Filmmakers and Registered Writers may use the Services in a commercial way to promote their User Submissions;
- Please describe any User Submissions you upload. Keep your titles, tags, and descriptions accurate, so other people can find your User Submission.
- Don’t post off-topic comments. Please keep your comments relevant to the video, article, network, or individual concerned.
- You will not access or use the Services to collect any market research for a competing businesses;
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- You will not interfere with or attempt to interrupt the proper operation of the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Services through hacking, password or data mining, or any other means; and
- Please let us know about inappropriate content. If you find something that violates our community guidelines, let us know, and we’ll review it.
The Services are available for individuals aged 13 years or older. If you are 13 or older, but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
You agree that Film Annex may immediately authorize your credit card (or other approved facility, such as a PayPal account) for payment for all purchases made under your Password (as defined below).
As set forth more fully in Section 5 below, you must keep your Password strictly confidential. You are fully responsible for all activities that occur under your Password, and you agree to be personally liable for all charges incurred under your Password. Your liability for such charges shall continue after termination of this Agreement.
If you have a question about a transaction on your credit card and/or PayPal statement, please use the “Contact Us” section of the Website to contact customer service.
SIGN-IN NAME; PASSWORD; UNIQUE IDENTIFIERS
During the registration process for Registered Users, we will ask you to create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Registered User. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Services using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason. Film Annex will not be liable for any loss or damage caused by any unauthorized use of your account.
The Services contain material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Film Annex (collectively referred to as the “Content”). The Content may be owned by us or by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content and the Services automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of Film Annex (“Film Annex Trademarks”) used and displayed on the Services are registered and unregistered trademarks or service marks of Film Annex. Other company, product, and service names located on the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with Film Annex Trademarks, the “Trademarks”). Nothing on the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Film Annex Trademarks inures to our benefit.
Elements of the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
USER SUBMISSIONS; LICENSES; PUBLICITY; AND CREDIT
YOU, AND NOT FILM ANNEX, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR USER SUBMISSIONS THAT YOU UPLOAD, POST, E-MAIL OR OTHERWISE TRANSMIT VIA THE SERVICES.
You expressly acknowledge and agree that once you submit your User Submissions for inclusion into the Services, it will be accessible by others, and that there is no confidentiality or privacy with respect to such User Submissions, including, without limitation, any personally identifying information that you may make available online. If the Services provide you with the option of limiting the sharing of a particular User Submission at a particular time, Film Annex will honor the option you have selected for that User Submissions at that time, but any such selection shall apply only to that User Submission and not more generally to all of your User Submissions across the Services.
You retain all copyrights and other intellectual property rights in and to anything you upload to the Services. You do, however, hereby grant us an irrevocable, non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use, reproduce, distribute, publish, publicly perform, and publicly display your User Submissions and associated works, along with the right to excerpt, analyze, index, and create derivative works from your User Submissions and associated works. In addition, you hereby grant each user of the Services a non-exclusive license to access your User Submissions through the Services, and to use, reproduce, distribute, publicly display, and publicly perform such User Submissions as permitted through the functionality of the Services. These licenses shall extend from the time you upload the User Submission to the Services until a commercially reasonably time after you remove it, and shall extend to any media now known or hereafter devised; provided, however, that with respect to any articles, blogs, or other text uploaded by any Registered Writer, the term of the aforementioned license shall be perpetual.
You also hereby grant Film Annex irrevocable, non-exclusive, worldwide, royalty-free, sublicensable, transferable licenses to: (i) use your User Submissions, in whole or in part, and the names, images, likenesses, and photographs of all those affiliated with your User Submissions, and any associated trademarks or service marks to advertise or promote the Services and/or Film Annex; and (ii) use your User Submissions and your contributions elsewhere on the Internet and social media pages to calculate an “influencer score,” attribute a financial value to this influencer score, rank the Registered Users according to this influencer score and financial value, and publish these results on the Services and elsewhere. The license in subparagraph (i) shall extend from the time you upload the User Submission to the Services until a commercially reasonably time after you remove it, whereas the license in subparagraph (ii) shall be perpetual. Both licenses shall extend to any media now known or hereafter devised.
On condition that a Registered Writer is not in breach of this Agreement, such Registered Writer shall receive credit for each of his or her articles as follows: (i) for all articles for which the Registered Writer is the sole author, “Written by Registered Writer;” (ii) for all articles for which the Registered Writer is a co-author, the Registered Writer shall share a “Written by” credit with the co-authors, and the order of the authors’ names on such credit shall be determined in good faith by Film Annex based on the level of creative input from each of the authors.
Except as expressly provided in this Agreement, all matters regarding credit, including, but not limited to, placement, size of type, and prominence, shall be determined by Film Annex in its sole and absolute discretion. Any casual or inadvertent failure of Film Annex or any failure by a third party, to comply with the provisions of this Section shall not be deemed to be a breach of this Agreement. Upon receipt of the Registered Writer’s written notice, Film Annex shall use its reasonable efforts to prospectively cure any such failure to accord credit; provided, however, that Film Annex shall have no obligation to change any materials already produced. Film Annex shall use good faith efforts to notify third parties of the foregoing credit obligations; provided that Film Annex’s failure to do so shall not be deemed a breach of this Agreement. In the event of a failure or omission of Film Annex’s obligations under this Section, it is expressly agreed that the Registered Writer’s sole remedy shall be to seek damages in an action at law, and that in no event shall the Registered Writer be entitled to obtain any injunctive or other equitable relief or undertake any legal efforts to restrict Film Annex’s (or any of its licensees’ or assigns’) right to exploit the articles.
- Sales of Videos. Once your video is uploaded to the Services, Film Annex shall convert it, at our expense, make it available on the Services, and promote it within the Services. Of the revenue derived and actually collected by Film Annex from any sales of your video on the Services, one hundred percent (100%) shall be delivered to you. We shall make such payments on a semi-annual basis in accordance with our standard accounting practices. Revenue shall be paid in U.S. dollars and shall be sent to the address specified during your registration process. Notwithstanding anything to the contrary herein, if your earned balance is less than Two Hundred Dollars ($200), no payment shall be made until the amounts owed by Film annex exceed such amount.
- Advertising. Film Annex reserves and has the right to sell, license, and/or display any advertising, attribution, links, promotional, and/or distribution rights in connection with your User Submissions, and Film Annex will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, and/or promotional or distribution rights; provided, however, that Film Annex may, from time to time, in its sole and absolute discretion, pay a portion of such revenue to you in connection with your User Submissions. Nothing in these Terms of Service obligates or may be deemed to obligate Film Annex to sell, license, or offer to sell or license any advertising, promotion, or distribution rights.
COMMUNICATIONS WITH US
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production and marketing of products and services that incorporate such information.
NO WARRANTIES/LIMITATION OF LIABILITY
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENTS OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE USER SUBMISSIONS. WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE SERVICES FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE CONTENT, THE SERVICES, AND THE USER SUBMISSIONS AT YOUR OWN RISK.
WE DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE SERVICES, ITS SERVERS, ITS CONTENT, OR THE USER SUBMISSIONS ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE CONTENT, THE USER SUBMISSIONS, OR THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.
THE CONTENT, THE USER SUBMISSIONS, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM (I) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF ANY USER SUBMISSION; OR (II) THE USE OR INABILITY TO USE THE CONTENT, THE USER SUBMISSIONS, OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE SERVICES. THE SERVICES MAY CONTAIN INFORMATION ON THE PRODUCTS AND SERVICES OF CERTAIN COMPANIES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT OR SERVICE ON THE SERVICE DOES NOT IMPLY THAT SUCH PRODUCT OR SERVICE IS OR WILL BE AVAILABLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SERVICES AT ANY TIME WITHOUT NOTICE.
The Services may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
REPRESENTATIONS; WARRANTIES; AND INDEMNIFICATION
You hereby represent, warrant, and covenant that:
- You are either more than 18 years of age, or an emancipated minor, 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 this Agreement, and to abide by and comply with this Agreement;
- You own or have the necessary licenses, rights, consents, and permissions to all patent, trademark, trade secret, copyright, or other proprietary, privacy, and publicity rights in and to your User Submissions and any other works that you incorporate into your User Submissions, and all the rights necessary to grant the licenses and permissions you grant hereunder;
- Use of your User Submissions in the manners contemplated in this Agreement shall not violate or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party; and
- You shall not submit to the Services any User Submissions that violates our community guidelines set forth above.
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your access to, use, or misuse of the Content, the User Submissions, or the Services, and (iii) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
COMPLIANCE WITH APPLICABLE LAWS
The Services are based in the United States. We make no claims concerning whether the Content and/or the User Submissions may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Services, the Content, or the User Submissions from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
TERMINATION OF THE AGREEMENT
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability.
DIGITAL MILLENNIUM COPYRIGHT ACT
Film Annex respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content or User Submissions deemed to have been posted or distributed in violation of any such laws.
Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
20 West 20th Street
New York, New York 10011
If you believe that your work has been copied on the Services in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Services where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
This Agreement is governed by the internal substantive laws of the State of New York, without respect to its conflict of laws provisions. You expressly agree: (i) to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of New York; and (ii) that the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Film Annex, either specific or general, in jurisdictions other than New York. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Intellectual Property,” “Communications with Us,” “No Warranties/Limitation of Liability,” “Representations; Warranties; and Indemnification,” “Termination of the Agreement,” and “Miscellaneous.”
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
Copyright 2012 Film Annex. All rights reserved.
We reserve the right, in our sole and absolute discretion, to deny you access to the Services, or any portion of the Services, without notice, and to remove any User Submission that does not adhere to these guidelines.