Terms and Conditions

Welcome to HelloFilm - helping you make movies at home!

 

1. Acceptance of Terms

This page consists of the terms and conditions governing your ("you") access to and use of HelloFilm. Throughout the site, the terms “we”, “us” and “our” refer to HelloFilm.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms and Conditions together with the HelloFilm Privacy Policy available at the following URL: www.hellofilm.co.uk/privacy (collectively, the "Terms").

If you do not understand and/or agree to these Terms, you should immediately exit the Services and avoid making any use of the Services. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

This website and the Services offered are owned and operated by HelloFilm Ltd. HelloFilm Ltd is a company registered in England and Wales (company registration number 12784762).

We may unilaterally change or add to the provisions of these Terms at any time. In the event of a material change, we may notify you via email or by means of a prominent notice on our website or application. You should check our Services periodically and review changes to the Terms at the following URL: www.hellofilm.co.uk/terms. By continuing to use the Services following such modifications, you agree to be bound by such modifications. If you do not accept the modifications, you should immediately exit the Services and avoid making any use of the Services.

2. The Services

  • You must be at least 18 years of age, or the age of legal majority where you reside if that jurisdiction has an older age of majority, to register to the Services. If you are under the age of 18 or the age of legal majority where you reside if that jurisdiction has an older age of majority, you must obtain parental consent (or consent from your legal guardian) prior to using our Services. In order to ensure your rights properly and our compliance with applicable data privacy protection rules, you must notify us promptly if your age is lower than 18 years, using the contact information under “Contacting Us” section below.

  • HelloFilm allows users to:

  1. Browse and choose from a selection of short films ("Titles") to film at home.

  2. Purchase the Title's specific instruction guide, called the Filmmakers' Pack ("Pack").

  3. Electronically send ("Transfer") the required Clips ("Clips") to HelloFilm for editing ("Edit").

  4. Receive their own edited Short Film, created from the Clips received.

  • Each Short Film requires the user to Transfer a specific set of Clips (a continuous view filmed by one camera without interruption, covering a specific section of the Title's script) as outlined in the Filmmakers' Pack. Failing to Transfer the required Clips may result in the users’ Short Film not being made. Users are supported throughout their filming by the HelloFilm support team which can be contacted via email at support@hellofilm.co.uk.

  • Users are required to record Clips using the following camera settings:

  1. No higher than 30fps (frames per second).

  2. No higher than 720p HD.

Failure to follow these camera settings may make Clip files too large to Transfer and/or Edit. If users film using a higher fps or resolution setting then HelloFilm reserve the right to request users first compress the Clips using a third-party provider before Transferring.

  • An order placed with HelloFilm has a validity of twelve (12) months, starting upon the receipt of the Filmmakers' Pack. If you do not transfer your Clips to HelloFilm within twelve (12) months of receiving the Filmmakers' Pack then HelloFilm reserves the right not to edit the footage and will not issue a refund as the order is deemed expired.

  • Please note, that the Transfer of your Clips to HelloFilm is controlled and administered by WeTransfer and that by Transferring your Clips via HelloFilm you agree to WeTransfer’s Terms of Service and Privacy Policy. HelloFilm shall not have any liability or responsibility in respect of WeTransfer’s service. Please note that the WeTransfer service capacity is limited. If the volume or format of the Clips exceeds WeTransfer’s capacity then you may not send your Clips. You are advised to backup your Clips before Transferring because sometimes Clips are lost or get damaged. HelloFilm is not responsible for the quality of the Clips that you provide. In the event of delay or failure to receive your Clips please contact our support team at support@hellofilm.co.uk. Your sole and exclusive remedy and HelloFilm’s sole and exclusive liability for failed Transfer shall be to attempt the Transfer again.

  • Upon receipt of the user's final Short Film users can request tweaks and changes to the Short Film via the "Director's Cut" service. Users have seven (7) days from the receipt of the first edit of their Short Film to notify HelloFilm of the tweaks and changes required by emailing the support team at support@hellofilm.co.uk. Requests made after this time cannot be made.

 

Types of tweaks and changes accepted by HelloFilm include:

  1. Changing an editing point between two Clips

  2. Replacing a Clip with another Transferred Clip

  3. Changing the text contained in the Short Film's end-credits

Types of tweaks and changes not accepted by HelloFilm include but are not limited to:

1. Removal or reordering of the HelloFilm logos and/or title sequences

2. Changes to Clip color grading

3. Changes to Clip audio quality

3. Shipping

  • For customers in the UK, shipping of the Filmmaker’s Pack is free of charge with an average delivery of 3-5 working days.  

  • For customers outside the UK, shipping will cost £8 and delivery will be around 7-10 working days.  

  • HelloFilm uses Royal Mail for the delivery of all Filmmakers' Packs and the terms of their service can be found at https://www.royalmail.com/terms-and-conditions.  All risk in the products you order (including risk of loss and/or damage to the products) shall pass to you when they are delivered to the delivery address specified in your order. HelloFilm shall be under no liability for any delay or failure to deliver products if the delay or failure is wholly or partly caused by circumstances beyond our control. 

4. Returns and Refunds

 

  • HelloFilm will exchange or refund a purchase within fourteen (14) days of receiving the Filmmakers' Pack. To start the return and refund process you must contact our support team via email on support@hellofilm.co.uk.

  • Your Filmmakers' Pack must be returned in original condition (including all packaging) within fourteen (14) days of your request to return. If any part of the pack are missing, no refund can be made until HelloFilm receives the full pack content.

  • You will need to pay for return postage. If you need advice on returning by post the HelloFilm support team will be happy to help.

  • Once HelloFilm has received your Filmmakers' Pack, please allow fourteen (14) days for your refund to arrive. HelloFilm will get in touch when your refund has been processed.  Refunds are always made to the person who purchased the Service, and if originally purchased by credit or debit card, the refund is credited to the same card.

  • HelloFilm cannot accept any refund requests beyond the 14-day period after receiving your Filmmakers' Pack.

  • Your Short Film is a personalized item and HelloFilm is unable to offer a refund on these items.

  • After you receive your edited Short Film you have seven (7) days to request any tweaks and/or amendments from HelloFilm via the Director's Cut service - how to do this is included in your Filmmakers' Pack.

  • You understand, agree and consent by using our services that the quality of your Short Film will depend on the quality of the Clips we receive. Our Service is a collaboration between the user and HelloFilm and HelloFilm cannot be held accountable for the quality of the Short Film.

  • HelloFilm endeavors to edit all Short Films into the best version possible, however, we cannot be expected to exceed the quality of the Clips received, or salvage or correct any poorly filmed Clips.

  • If you receive your Short Film within the 14 days returns period then HelloFilm will not offer any returns, exchanges or refunds because you’ve already made full use of our Service.

5. License and Limitations of Use

1. Subject to the terms and conditions set forth herein, HelloFilm hereby grants to you, and you accept, a personal, nonexclusive, non-transferable, non-assignable, non-sublicensable, revocable, limited license to: (i) receive one copy of the Filmmakers’ Pack relevant to the Short Film Title you have purchased, and (ii) make personal non-commercial use of the Services, only according to the terms of these Terms and (iii) receive one personal non-commercial digital copy of the edited Short Film. The license shall be granted until terminated in accordance with the terms hereof. Any rights not expressly granted herein are reserved by HelloFilm.

2. You hereby declare that you are at least eighteen (18) years of age, or the age of legal majority where you reside if that jurisdiction has an older age of majority. In order to ensure your rights properly and our compliance with applicable data privacy protection rules, you must notify us promptly if your age is lower than 18 years, using the contact information under “Contacting Us” section below.

 

3. You undertake to use the Services solely for your own personal and non-commercial use and for no other purpose whatsoever. Except as specifically permitted herein, you agree not to (i) sell, license (or sub-license), lease, assign, transfer, pledge, or share any of your rights and obligations under these Terms with/to any third party; (ii) transfer, distribute, scrap, copy, all or any part of the Services or the HelloFilm IPR (as defined below); (iii) link to, mirror, or frame any portion of the Services; (iv) make use of the Services or distribute any part thereof in any jurisdiction where same are illegal or which would subject HelloFilm or its affiliates to any registration requirement within such jurisdiction or country; (v) use, or encourage, promote, facilitate or instruct others to use the Services for any illegal, harmful or offensive use; (vi) transmit or upload any viruses, spyware or other harmful, infringing, illegal, disruptive or destructive content, messages or files; (vii) visit or access the Services through, or use with the Services any, unauthorized means, services or tools, including, without limitation, any data mining, robots, or similar automated means or data gathering and extraction tools, including, without limitation, in order to extract for re-utilization of any parts of the Services; (viii) access the Services in a manner that utilizes resources more heavily than would be the case for an individual person for example through transfer of excessively large Clips and/or an excessive quantity of Clips of what would be reasonable for the production of a short film and use of bandwidth in excess of what could be used via normal usage, (ix) publish, send, or facilitate the sending of any unsolicited mass messages, promotions, advertisements, or solicitations (like spam), including commercial advertising and informational announcements; (x) distribute, upload, transmit, submit, publish, send, or facilitate the sending of inappropriate, inaccurate, misleading, pornographic, fraudulent, libelous, defamatory, offensive, threatening, vulgar, obscene, abusive or otherwise illegal content or content which infringes Intellectual Property Rights (as defined below) of third parties or their right for privacy or publicity; (xi) copy, modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), make any attempt to discover the source code of, the Services and/or any other software available on the Services or create derivative works thereof; (xii) create false personas, multiple identities, multiple user accounts, set up an account on behalf of someone other than yourself; (xiii) attempt to obtain private information from other users in any form or manner whatsoever; (xiv) attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Services; (xv) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks; (xvi) interfere with or damage the Services, including, without limitation, through the use of viruses, spyware, malware, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing, or methods that in any way reproduce or circumvent the navigational structure or presentation of the Services; (xvii) remove any copyright, trademark or other proprietary rights notices contained in or on the Services; and/or (xviii) remove, change or modify any trademarks from or attach any additional trademarks to the Services; (xix) breach or circumvent any applicable laws or regulations, agreements with third parties, third parties rights or pursuant to our Terms.

 

4. You are solely responsible for obtaining, paying for, repairing and maintaining all the equipment, software, hardware and services required for getting access to and using the Services. HelloFilm does not guarantee continuous, uninterrupted or secure access to the Services, or that the Services, or any portion thereof, will function on any particular hardware or devices. The Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications and may be interfered with by numerous factors outside or within HelloFilm’s control.

6. Submitted Information and Materials

You shall have sole responsibility and liability for Submitted Information and Materials (as defined below). Any Submitted Information and Materials (including your Clips) provided by you remains your property.

a. HelloFilm does not endorse and shall not be liable for any and all parts of the Submitted Information and Materials, but has the right to review, monitor, remove or edit any of the Submitted Information and Materials, at its sole discretion, without notice to you in order to (i) operate, secure and improve the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure user’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Submitted Information and Materials that it determines is harmful, abusive, disruptive, offensive, objectionable or threatens the safety of, users of the Service; or (v) as otherwise set forth in these Terms. You agree to cooperate with and assist HelloFilm in good faith, and to provide us with such information and take such actions as may be reasonably requested by HelloFilm with respect to any investigation undertaken by HelloFilm or a representative of HelloFilm regarding the use or abuse of the Services.

b. Without derogating from your ownership of the Submitted Information and Materials, by Transferring any Submitted Information and Materials through the Services, you grant HelloFilm, a non-exclusive, worldwide, fully paid-up, royalty-free, sublicensable and transferable license, with the right to use, copy, reproduce, modify, directly or through third parties, create derivative works of your Submitted Information and Materials for the purpose of providing the Services. Such license will apply to any form, media, or technology now known or hereafter developed. Any and all sublicenses granted pursuant to this license shall be perpetual and irrevocable and survive the termination of this license and/or these Terms. Except as needed to provide the Services, we will not use your Submitted Information and Materials. Please note that copies of Submitted Information and Materials may remain for a reasonable period of time in our archives for backup, archival, or audit in accordance with and subject to, applicable law.

c. Following the completion of your Short Film, we may keep your Submitted Information and Materials for a reasonable period of time for backup, archival, or audit purposes. 

 

d. Except as provided within these Terms and except for your Submitted Information and Materials, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Services.

e. REPRESENTATIONS AND WARRANTIES. You represent and warrant to HelloFilm that your Submitted Information and Materials (including all Clips, content, videos, images, trademarks, and technology contained therein): (i) comply and will at all times comply with all applicable laws, rules and regulations, the Terms and do not and will not infringe the rights of any third party, including any intellectual property rights and the rights of publicity or privacy, (ii) do not and will not contain any threatening, offensive, racist, hateful, violent, obscene, libelous, defamatory or otherwise inappropriate or illegal content, (iii) are and shall be free from any restrictions, third party rights, payment obligations and/or royalties (including, without limitation, to any collecting societies). You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you Transfer through the Services.

f. You recognize and agree that your Submitted Information and Materials through any means to HelloFilm, you confirm that you own all the relevant rights or received the appropriate license to Transfer/upload/send the content. 

"Submitted Information and Materials" shall mean any and all material, text, images, videos, artworks, sound, music and information (including audio and visual information and content contained in each Transferred Clip) or other data and/or content provided and/or uploaded and/or Transferred and/or submitted and/or published and/or otherwise made available by you and/or on your behalf.

7. Ownership of Property Rights

All the Intellectual Property Rights (as defined below) evidenced by or embodied in and/or contained and/or subsisting in and/or attached/connected/related to the Services, including, without limitation, any underlying software, platforms, algorithms, technology, application and website design, any information, services, texts, files, sound, images, music, audio, videos, graphics, logos, patents, trademarks, copyrights, photographs, content (other than the Submitted Information and Materials), various applications, social graphs, organization, structure, specifications, application "look and feel", features and related content that may be created in connection with the use of or registration to the Services, including the selection and arrangement of any of the foregoing, any modifications, enhancements, improvements and derivatives thereof and all Intellectual Property Rights related thereto (collectively, the "HelloFilm IPR") are the property of HelloFilm and/or its respective affiliates which retain all right, title and interest in connection therewith.

No transfer or grant of any rights and obligations is made or is to be implied by any provision of these Terms or by any other provision contained in the Services with respect to the HelloFilm IPR or otherwise. In the event that by operation of law any of the HelloFilm IPR is not owned in its entirety by HelloFilm automatically upon its creation, then you hereby irrevocably assign, transfer, and convey to HelloFilm the ownership of such HelloFilm IPR, including all right, title, and interest in connection therewith, free of any charge. You agree to assist HelloFilm, at HelloFilm’s expense, to obtain for HelloFilm and enforce any Intellectual Property Rights for HelloFilm IPR worldwide. You will execute any documents that HelloFilm may reasonably request for use in obtaining or enforcing such HelloFilm IPR and other legal protections.

Except as explicitly provided herein, nothing in these terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

"Intellectual Property Rights" means worldwide (a) rights associated with works of authorship, designs and photography, including copyrights; (b) trademarks, service marks, domain names, logos, trade names, trade dress and goodwill rights whether or not registered; (c) patents, patent applications and industrial designs; (d) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; (e) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.

8. Suggestions

We appreciate hearing from our users and welcome your comments regarding the Services. Notwithstanding anything to the contrary herein, please be advised, however, that if you send us ideas, suggestions, storylines, plots, inventions, or materials regarding the Services ("Feedback"), we shall: (i) own all rights to the Feedback; (ii) not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Feedback; and (iii) be entitled to unrestricted use of the Feedback for any purpose whatsoever, without compensation to you or any other person.

9. User Warranties and Representations

You represent and warrant to HelloFilm that: (a) you have, and will have at all times, all right, title and interest necessary to grant to HelloFilm any and all licenses hereunder for the purposes contemplated by these Terms; (b) you have, and will have at all times, all permits, licenses, and consents required in connection with the receipt and use of the Services and as required to fulfill your obligations and grant to HelloFilm any and all rights, licenses and consents hereunder, including, without limitation, in respect of the Submitted Information and Materials; and (c) you and your use of the Services comply, and at all times, will comply with all applicable laws, rules, regulations, statutes, and ordinances.

10. Privacy

HelloFilm’s privacy practices are governed by HelloFilm’s privacy policy, the most updated copy of which can be found at www.hellofilm.co.uk/privacy ("Privacy Policy"). This privacy statement applies solely to information or data collected by us.

The Services may contain links to third-party websites or resources which may be subject to different terms and conditions and privacy practices. The Privacy Policy does not purport to cover all information and practices exercised by other providers of products or services, advertisers or other websites, or companies/people that HelloFilm does not own or control, or does not employ or manage. HelloFilm would like to emphasize that HelloFilm is not and cannot be responsible or liable for the availability or accuracy of the content or the privacy policies of third party web sites to which it may link or websites that link to the Services. Should you need any additional information in this regard, we recommend you to carefully read the terms of use and privacy policies of such third parties and/or App Platforms before using their services and connecting to the Services.

11. Payments and Taxes

The Services include features that are subject to payment. The prices may be changed, from time to time, at the Company’s sole discretion. The price which will apply to your order will be the price presented at the time of payment. Payment can be made only through the Services via a third party payment interface. If any of your payments is not successfully processed for any reason, HelloFilm may, without derogating from any other right or remedy afforded to it, suspend or block your access to the Services.

When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

The prices presented include all taxes and charges for delivery to UK addresses. If any taxes or charges apply to non-UK delivery items you shall exclusively bear those taxes and charges.

12. Disclaimer

IF YOU CHOOSE TO USE THE SERVICES YOU DO SO VOLUNTARILY AND AT YOUR SOLE DISCRETION.

YOU AGREE THAT YOUR USE OF THE SERVICES AND/OR HELLOFILM IPR SHALL BE AT YOUR OWN RISK. THE SERVICES, INCLUDING, WITHOUT LIMITATION THE HELLOFILM IPR, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HELLOFILM DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE.

HELLOFILM DOES NOT WARRANT THAT THE HELLOFILM IPR AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THESE SERVICES OR THE SERVER(S) THAT MAKES THESE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

HELLOFILM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE HELLOFILM IPR AND/OR SERVICES OR ANY GOODS OR SERVICES OBTAINED THROUGH THE USE OF THE SERVICES OR THE USE OR THE RESULTS OF THE USE OF THE HELLOFILM IPR AND/OR SERVICES OR ANY GOODS OR SERVICES OBTAINED THROUGH THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THEIR CORRECTNESS, SECURITY, COMPLETENESS, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OR RELIANCE UPON THE SERVICES AND/OR ANY OF THE HELLOFILM IPR AND/OR ANY GOOD OR SERVICE OBTAINED THROUGH THE USE OF THE SERVICES (INCLUDING, BUT NOT LIMITED TO, BY SAVING YOUR OLD VIDEOS AND SHORT FILM EDITS, GAINING THE NECESSARY PERMISSIONS FOR ALL SUBMITTED INFORMATION AND MATERIALS) AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY SUCH CLAIM, DAMAGE, LOSS, OR HAZARD.

 

HELLOFILM EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT, THE SERVICES AND/OR HELLOFILM IPR WILL MEET YOUR REQUIREMENTS, YOUR USE OF THE HELLOFILM IPR AND/OR SERVICES WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE, ANY INFORMATION OR MATERIALS OBTAINED THROUGH OR FROM HELLOFILM IPR AND/OR THE SERVICES WILL BE ACCURATE OR RELIABLE, ANY DATA OR SOFTWARE ERRORS WILL BE CORRECTED, AND THAT HELLOFILM WILL CONTINUE TO SUPPORT ANY PARTICULAR FEATURE OF THE SERVICES.

HELLOFILM DOES NOT REPRESENT OR GUARANTEE THAT THE HELLOFILM IPR AND/OR SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND HELLOFILM DISCLAIMS ANY LIABILITY RELATING THERETO.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. Limitation of Liability

To the maximum permitted under law, under no circumstances whatsoever will HelloFilm and/or its affiliates and/or their respective partners, officers, directors, employees, shareholders, agents, licensors, subcontractors and/or suppliers be responsible or liable to you or to any other entity, even if advised of the possibility of such damages, under any legal theory, whether contract, tort or otherwise, for any direct, compensatory, indirect, incidental, or consequential damages, including, but not limited to, any lost profits and/or lost business opportunities, business interruption, loss of revenue, income, goodwill, use, data (or corruption of data), or other intangible losses, special, exemplary, or punitive damages, or personal injury or property damage, that result from or relate in any manner whatsoever to your use of the Services and/or reliance on the Services and/or the HelloFilm IPR and/or your inability to access and/or use of the Services, including, without limitation, any errors, inaccuracies, omissions, defects, security breaches, or any other failure to perform by HelloFilm and/or to any other matter relating to the services and/or HelloFilm IPR. HelloFilm and/or its affiliates and/or their respective partners, officers, directors, employees, shareholders, agents, licensors, subcontractors and/or suppliers shall not be liable for delay or failure in performance resulting from causes beyond HelloFilm’s reasonable control. Without limiting the foregoing, in no event shall HelloFilm and its affiliates' total liability to you in connection with the services and/or HelloFilm IPR for all damages, losses and causes of action exceed (a) the amount (if any) paid by you to HelloFilm over the course of six months immediately preceding the event which gave rise to the liability; or (b) one UK pound (£1 GBP), whichever is less. the foregoing limitations will apply even if the above-stated remedy fails of its essential purpose

a. You are solely responsible for your interaction with other HelloFilm users (or any person with respect to submitted information and materials you made public). If you have a dispute with any other user of the services and/or HelloFilm IPR or any person with respect to submitted information and materials you made public), you agree that HelloFilm and/or its affiliates and/or their respective partners, officers, directors, employees, shareholders, agents, licensors, subcontractors and/or suppliers shall not be liable for any claims or damages arising out of or connected with such a dispute. HelloFilm reserves the right, but has no obligation, to monitor any such dispute between two or more users, arising out of their use of the services.

b. HelloFilm is not liable for any additional expenses incurred in the making of your film, including but not limited to props, lights, microphones, cameras or any other materials, equipment and/or services.

 

c. HelloFilm does not accept any liability for any damage or injury of any nature incurred as a result of you and your participation in any HelloFilm Service (and these terms are applicable for every member of your family, friends, acquaintances or persons involved or not involved in the project) and/or as a result of your Short Film being shared on Social Media platforms.

 

d. The limitations of damages set forth above are fundamental elements of the basis of the engagement between HelloFilm and the user. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

 

e. You recognize and agree that the warranty disclaimers and liability and remedy limitations in these terms are material bargained for basis of these terms and that they have been taken into account and reflected in the decision by you to enter into these terms.

14. Indemnification

You agree to defend, indemnify and hold HelloFilm and its affiliates, and their respective partners, officers, directors, employees, shareholders, agents, licensors, subcontractors and suppliers harmless from and against any losses, demands, expenses, liabilities, costs, claims, damages (including attorneys' fees, expert fees' and other costs of litigation) arising from, incurred as a result of, or in any manner related to: (i) any use of your account and/or your use of the Services; (ii) any misrepresentation made by you to any third party, (iii) your violation of applicable laws, regulations or third party rights, including, without limitation, any intellectual property, copyright, trademark, property, or privacy right, and including any third party claim in respect of the Submitted Information and Materials; and (iv) your breach of these Terms.

15. Third-party Content; Purchases

The Services may provide links to or feeds from websites and other online resources not hosted, owned or operated by HelloFilm. Except as otherwise expressly stated by HelloFilm on the Services, we do not control and are neither affiliated with nor responsible for the operators of any third-party websites or other resources that link to or are linked from the Services, and we have neither reviewed nor endorsed such third-party websites or other resources. You hereby acknowledge and agree that we shall not be responsible for the content, products, services or other materials available on or through such third-party websites or other resources, or any loss or damages incurred in connection with such content, products, services or other materials. To the extent applicable, you are responsible for compliance with all applicable laws regarding content, products, services and other materials obtained from the Services or any third-party websites or other resources that link to or are linked from the Services. In as much as you are redirected to linked sites, applications and content, we recommend you to carefully read the terms of use and privacy policies of such applications, sites and content.

Some of the content and materials available through the Services may be provided by third-parties. No reference made in or through this Services to any third-party content (including Submitted Information and Materials and advertisements), commercial product, process, or service, or provider of such product, process or service ("Third Party Content") constitute or imply an endorsement, recommendation or favoring by HelloFilm.

Any opinions, advice, statements, content, services, products, offers, advertisements, or other information expressed or made available by such third parties, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of HelloFilm and HelloFilm does not endorse, promote, solicit or recommend them or any Third Party Content in any way nor shall HelloFilm be responsible or liable for any of the foregoing. HelloFilm is a mere conduit in respect of Third Party Content and is not obligated to screen Third Party Content and makes no warranties or representations as to, and shall have no liability for any of the foregoing.

Without derogating from the foregoing, to the extent that you conduct any purchase through a third party interface or platform provided by and/or in and/or linked from the Services (such as, but not limited to, WeTransfer, YouTube, the App Store, and/or the Google Play Store), such purchase and/or any use of such third party interface or platform shall be subject to the terms and conditions and privacy policy of and applicable to such third-party interface or platform and not these Terms or the Privacy Policy. HelloFilm is not and will not be responsible or liable for such third-party service/interface/platform or any acts or omissions such third-party. We recommend you to carefully read the terms of use and privacy policy of such third party interface or platform. We reserve the right to discontinue or change any such third-party interface or platform provided by and/or in and/or linked from the Services.

 

Please note that third parties delivering advertisements on our Services may also use cookies or other technologies, including tailored advertising and analytics, and those practices are subject to those third-parties’ own policies. You can prevent the use of cookies on your electronic device by adjusting the privacy settings in your browser. For further information regarding cookies please see our Privacy Policy available at www.hellofilm.co.uk/privacy.

16. Notice and Takedown

In the event that you believe that any content included in the Services violates your Intellectual Property Rights, right to privacy or is defamatory or otherwise illegal, please file a detailed notice of complaint to HelloFilm at the following email address: support@hellofilm.co.uk, identifying such content and detailing the factual basis of your complaint and we will make reasonable efforts to remove the content.

17. DMCA Compliance

It is HelloFilm’s policy to respond to clear and valid notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). In addition, we may promptly terminate without notice the accounts of those determined by us to be "repeat infringers". If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Services infringes your copyrights, then you may submit a notification pursuant to the DMCA by emailing our support team at support@hellofilm.co.uk 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 on the Services 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 HelloFilm to locate the material; providing URLs in the body of an email is the best way to help HelloFilm locate content quickly; information reasonably sufficient to permit HelloFilm to contact the complaining party, such as address, telephone number, and, if available, electronic mail address at which the complaining party may be contacted; a statement that the complaining party has 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; a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that pursuant to the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Please note that HelloFilm may, at our discretion, send a copy of such notices to a third-party for publication. As such, your letter (with personal information removed) may be forwarded to Lumen (http://lumendatabase.org) for publication.

Counter-Notification: If you elect to send HelloFilm a counter notice, to be effective it must be a written communication that includes the following: a physical or electronic signature of the subscriber; identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; a statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; the subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which HelloFilm may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) of the DMCA or an agent of such person.

18. GDPR Compliance

HelloFilm is committed to the new EU General Data Protection Regulation 2016/679 (“GDPR”) and to protect your personal data, including its collection, storage, transfer or use by companies and third parties. In this regard please see our GDPR statement available at www.hellofilm.co.uk/gdpr.

19. Termination

We may terminate these Terms and/or suspend your right to access or use any portion or all of the Services and/or the HelloFilm IPR immediately (including, without limitation, the license set forth in Section ‎5.1 above), at our sole discretion at anytime without prior notice and for any reason, including, but not limited to, technical difficulties or violation of these Terms, all in accordance with applicable laws. Upon termination, you shall immediately cease using the Services, pay HelloFilm any applicable fees and payments due as of termination and the following Sections shall survive: ‎1 - 21.

Termination of your access to the Services may also include removal of the Submitted Information and Materials uploaded by you to the Services, in accordance with applicable laws. You agree that we shall not be liable to you or any third party for any termination/suspension of Your access to any of the Services or to any of your Submitted Information and Materials, and shall not be required to make the Submitted Information and Materials available to You after any such termination, as permitted by applicable laws.

HelloFilm may generally cease offering or deny access to the Services and/or the HelloFilm IPR or any portion thereof, at any time and for any or no reason without prior notice, as permitted by applicable laws.

20. Marketing

 

You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't wish to receive such promotional materials or notices – please just notify us at any time by emailing support@hellofilm.co.uk.

21. General

These Terms shall be governed by and construed in accordance with the laws of England, without regard to the principles of conflict of law therein. The parties consent to the exclusive jurisdiction of the competent courts of London with regard to all claims arising out of, in connection with, or in any way relating to, these Terms and the parties hereto submit themselves to the exclusive jurisdiction of these courts. The application of the United Nations Convention of Contracts for the International Sale of Goods or other international laws is expressly excluded.

a. If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of these Terms and shall not cause the invalidity or unenforceability of the remainder of these Terms.

 

b. You acknowledge and agree that HelloFilm has the right, at any time and for any reason (or no reason), discontinue the Services or any part thereof, or to redesign or modify the HelloFilm IPR and other elements of the Services or any part thereof.

 

c. This is the entire agreement between you and HelloFilm regarding the subject matter herein.

 

d. You are not entitled to assign or otherwise transfer the Terms, or any of your rights or obligations hereunder, to any third party without the prior written consent of HelloFilm. Any unauthorized assignment will be void and of no force or effect. HelloFilm may, without restriction, assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion. Your right to terminate this Agreement at any time remains unaffected.

HelloFilm will, on a best-effort basis, provide you with reasonable notice of any such assignment.

 

e. Unless otherwise expressly provided, no provisions of these Terms are intended or shall be construed to confer upon or give to any person or entity other than you and HelloFilm any rights, remedies or other benefits under or by reason of these Terms.

 

f. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

 

g. All waivers must be in writing. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

h. YOU AND HELLOFILM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED AND YOU SHALL BE DEEMED TO HAVE WAIVED ANY CLAIM YOU MAY HAVE IN RESPECT THEREOF.

 

i. Without derogating from Sections ‎10 and ‎11 above, HelloFilm shall not be responsible or liable for any delays or failures in performance if caused by circumstances beyond HelloFilm’s reasonable control, including, without limitation, problems in infrastructures, downtime or errors of service providers (e.g. cloud server is down), acts of God, strikes or other labor disturbances, government regulations or acts, war, whether declared or not, sabotage, terror of all kind and/or any other cause or causes, whether similar or dissimilar to those herein specified, which cannot reasonably be controlled by HelloFilm.

22. Contact Us

If you have any further questions or require further clarification, please contact us by sending an e-mail to: support@hellofilm.co.uk

Last updated: 12th December 2020