Legal
Terms of service
Last updated [DATE]
These terms govern your use of https://filmdeskhq.com (the "site") and any early access to Filmdesk that we offer through it. The site is operated by [COMPANY]("we", "us"). By using the site you agree to these terms. If you don't agree, please don't use the site. Use of the Filmdesk application is governed by a separate subscription agreement: [APP TERMS LINK].
Who can use the site
The site is for businesses and the people who work for them. You must be at least 18 and able to form a binding contract. If you use the site on behalf of a business, you confirm you have authority to accept these terms for it.
Acceptable use
You agree not to:
- Break any law or anyone's rights while using the site
- Send false information, spam or automated submissions through our forms
- Try to get into systems or data you aren't authorized to access, or probe, scan or test the site's security
- Interfere with the site's operation, including by overloading it or introducing malicious code
- Scrape, copy or resell the site's content beyond what normal browsing allows
- Pretend to be someone else or misrepresent your connection to a business
Early access
Early access is offered at our discretion and may be limited, changed or ended at any time. Early access versions of Filmdesk are works in progress: features may change or be removed, and there is no service level commitment unless we agree one in writing. Any fees and specific terms for early access will be set out in a separate written agreement before you are charged. [EARLY ACCESS TERMS]
Feedback
If you send us ideas or feedback, you give us permission to use them without obligation to you. We appreciate it, and we will never publish your name or your shop's name with it without asking.
Intellectual property
The site, its content, the Filmdesk name, logos and software are owned by [COMPANY] or its licensors and protected by intellectual property laws. We give you a limited, revocable, non-exclusive right to view the site for your own business evaluation. All other rights are reserved. Third-party names and trademarks mentioned on the site belong to their owners.
Disclaimer of warranties
The site and any early access are provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. We don't warrant that the site will be uninterrupted, error-free or secure, or that its content is complete or current. Descriptions of planned features are not a promise to deliver them.
Limitation of liability
To the fullest extent the law allows, we will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, data or goodwill, arising out of or related to the site or these terms, even if we were told they were possible. Our total liability for any claim arising out of or related to the site or these terms is limited to the greater of $100 or the fees you paid us in the 12 months before the claim.
Indemnification
You agree to defend, indemnify and hold harmless [COMPANY] and its officers, employees and agents from any claims, losses, liabilities and expenses, including reasonable attorneys' fees, arising out of your use of the site, your breach of these terms or your violation of anyone's rights.
Governing law and venue
These terms are governed by the laws of the State of [STATE], without regard to its conflict of laws rules. Subject to the arbitration section below, the state and federal courts located in [COUNTY], [STATE] have exclusive jurisdiction, and you consent to venue there.
Binding arbitration and class action waiver
Please read this section carefully. It affects your rights. Any dispute, claim or controversy arising out of or relating to the site or these terms will be resolved by final and binding arbitration administered by JAMS under the JAMS arbitration rules that apply to the amount in dispute, in effect when the arbitration is filed. The arbitration will take place in [COUNTY], [STATE], or remotely if both parties agree. Judgment on the award may be entered in any court with jurisdiction.
You and we each waive the right to a jury trial and the right to bring or join any class, collective or representative action. Claims may only be brought individually. Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court to protect intellectual property. If the class action waiver is found unenforceable, this arbitration section will not apply to that claim, and it will proceed in the courts named above.
Changes to these terms
We may update these terms from time to time. We will post the new version here and update the date at the top. Continuing to use the site after a change means you accept the updated terms.
General
- Severability. If any part of these terms is found unenforceable, the rest stays in effect and the unenforceable part is limited to the minimum extent needed.
- Entire agreement. These terms are the entire agreement between you and us about the site and replace any earlier understandings about it. A separate written agreement governs any paid use of Filmdesk.
- Assignment. You may not assign or transfer these terms without our written consent. We may assign them in connection with a merger, acquisition or sale of assets, or to an affiliate.
- No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.
- Notices. We may send notices to the email address you gave us. You can send notices to the address below.
Contact
[COMPANY]
[ADDRESS]
hello@filmdeskhq.com