Filmmotif

This document governs 

• the use of our website, and,

• any other related agreement or legal relationship with us 

in a legally binding way. 

You must read this document carefully.

Our website is provided by: 

Andrea Sinkovics
3A Nappers Wood
Fernhurst
Haslemere
GU27 3NZ

Contact

email: info@filmmotif.com

What you should know at a glance

Please note that some provisions may only apply to certain categories of users. In particular, certain provisions may only apply to consumers or to those users who do not qualify as consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all users.

TERMS OF USE

Unless stated otherwise, the terms in this section apply generally when using our website. 

Specific or additional conditions may apply in certain situations and are noted in this document.

By using our website, you confirm the following:

• you are older than 18;

• you are not in a country under a U.S. government embargo or designated as a “terrorist-supporting” country;

• you are not on any U.S. government list of prohibited or restricted parties.

Site terms of use modifications

Filmmotif reserves the right to revise these Terms of Use for the Website at any time without notice. By using the Website, you are agreeing to be bound by the current version of these Terms and Conditions of Use.

Content on the website

Unless otherwise noted, all content on our website is owned or provided by us or our licensors.

We strive to ensure that the content on our website complies with all applicable laws and respects the rights of third parties. However, this may not always be achievable. 

If you believe your rights are being infringed, without prejudice to any legal prerogatives to enforce your rights, please report any issues using the contact details provided in this document.

Rights regarding content on our website – All rights reserved

We hold and reserve all intellectual property rights for all content.

You may not use such content in any way that is not necessary or implied for the proper use of the service.

Specifically, but without limitation, you may not copy, download, share (beyond the limits mentioned below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer, assign to third parties, or create derivative works from the content on our website. You also cannot allow any third party to do so through your device, even unknowingly.

Where explicitly stated, you may download, copy, and share some content from our website for personal and non-commercial use, provided you correctly implement copyright and other required attributions.

Any statutory limitations or exceptions to copyright remain unaffected.

Access to external resources

Through our website, you may access external resources provided by third parties. You acknowledge and accept that we have no control over these resources and are not responsible for their content or availability.

Conditions for third-party resources, including any rights granted in their content, are governed by those third parties’ terms and conditions or by applicable law.

Acceptable use

Our website and service may only be used within the scope of what is provided for, under these terms and applicable law.

You are solely responsible for ensuring your use of our website and service does not violate any laws, regulations, or third-party rights.

We reserve the right to protect our interests by denying you access to our website or service, terminating contracts, and reporting any misconduct to the appropriate authorities if you are involved in or suspected of the following:

• violating laws, regulations, or these terms;

• infringing on third-party rights;

• significantly impairing our legitimate interests;

• offending us or any third party.

Disclaimer

Filmmotif tries to ensure that the availability and delivery of Website, Services, Products and Materials is uninterrupted and error-free, including our content and communications through methods like our Website, Request systems, private Facebook groups, email communications, videos, audio recordings, webinars, recorded webinars, downloadable Mp3 audio files, downloadable PDF printed transcripts, downloadable PDF handouts/slides, handouts, ebooks, or any other materials provided by us to you. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will not be liable to you for damages or refunds, or for any other recourse, should our Website, Services, Products and Materials become unavailable or access to them becomes slow or incomplete due to any reason, such as system backup procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Website, Services, Products and Materials inaccessible to you.

THE MATERIALS ON FILMMOTIF WEBSITE ARE PROVIDED “AS IS”. FILMMOTIF MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, FILMMOTIF DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS WEBSITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE.

Limitations

IN NO EVENT SHALL FILMMOTIF OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION,) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS ON FILMMOTIF INTERNET SITE, EVEN IF FILMMOTIF OR A FILMMOTIF AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF FILMMOTIF UNDER THIS AGREEMENT EXCEED FIFTY EUROS (€ 50), REGARDLESS OF THE CAUSE OF ACTION, IN TORT, CONTRACT, OR OTHERWISE.

Ownership, Trademarks & Stock

Ownership

You (the client) own all final videos, graphics, and files once we receive full payment for them. We do not provide any working files such as .prproj or .psd files. You will provide all content/copy to be used for our assets under our contract. TRADEMARK. You agree that any materials provided to Filmmotif are proofed and approved to be used in your assets and are not owned or trademarked by a different entity. You are responsible that any materials provided can be legally used in our assets. We are not liable for the materials you provide as it pertains to license or trademark issues, and you represent to Filmmotif that all materials provided do not infringe on the intellectual property rights of third parties.

Stock

Subscriptions to stock photography or media are under a specific use license. Managed stock photography or assets (provided by Getty Images, Artlist, Artgrid, Envato or other services) are licensed to be used in the specific video files created by Filmmotif from a client request. Individual photos or assets will not be provided.

You agree to indemnify, defend, and hold harmless Filmmotif and its affiliates, officers, members, managers, agents, successors, and assigns (the “Indemnified Parties”) from and against all claims, demands, liabilities, damages, and costs including, without limitation, its reasonable attorneys’ fees, arising out of or relating to (i) your breach of any of the terms of this Agreement, (ii) your use of the services provided under the Site, and (iii) infringement of third party’s intellectual property rights or other proprietary rights.

TERMS AND CONDITIONS OF SALE

Paid products

Some of our products require payment. Details about fees, duration, and conditions are described below and in the dedicated sections of our website.

Product description

Prices, descriptions, and availability of products are detailed in the relevant sections of our website and may change without notice.

Although we strive for accuracy in presenting products on our website, representations are for reference only and do not guarantee the characteristics of the purchased product.

The specific characteristics of the chosen product are outlined during the purchasing process.

Purchasing process

Every action taken from choosing a product to submitting the order is part of the purchasing process.

Once you submit a downloadable link to your footage and your requirements, you will be quoted on a case-by-case basis on the services, the turnaround time and the price of the service necessary to achieve the required outcome. You can accept or reject the quote by responding to the email that you received with the sales invoice. Once you have accepted the quote via email and the quoted sum has reached our bank account via bank transfer, the work on the given materials will commence, and the requested video(s) will be created.

Order submission

When you place an order, the following apply:

• accepting our quote and thereby submitting an order determines the contract conclusion and obligates you to pay the specified price, taxes, and any additional fees and expenses outlined in the sales invoice emailed to the email address you provided;

• if the purchased product requires action from you, such as providing personal information or specific requests, submitting the order means you agree to cooperate accordingly;

• after submitting the order, you will receive a receipt confirming that the order has been received.

All communications regarding the purchasing process will be sent to the email address you provided.

Prices

On the sales invoice, you will see all charges, including any fees, taxes, and costs. 

On our website, the prices displayed are for standard length footage and standard requirements, including all applicable fees, taxes, and costs, but they do not include any special requests you might have. That is why the prices you are quoted might – to some extent – differ from what is listed on our website.

Methods of payment

Only bank transfer is possible, but available as a local bank transfer in most countries.

Retention of product ownership

Until payment of the total purchase price is received by us, any goods ordered will not become your property.

Delivery

Videos are delivered by uploading them to Google Drive you share with us, and in the manner outlined in the order summary. It is your responsibility to make sure that there is enough space to upload the videos to your Google Drive.

Upon delivery, please check the video(s) and report any issues promptly using the contact details provided in this document or as outlined in the delivery note. If the video file(s) appear(s) to be corrupt, you may refuse to accept it/them.

Goods are delivered to any Google Drive that has been shared with us.

Turnaround times are provided on a case-by-case basis along with the quote.

OUTPUT FILES.

While we do our best to minimise any mistakes, due to the nature of creative design and video editing, we cannot guarantee all files delivered will be 100% error-free. Upon file delivery, you agree to review and proof all files for any errors or omissions and notify our team if any changes/corrections are needed. We will do our best to rush any edits to correct the mistakes. Filmmotif is not responsible or liable for any losses or expenses incurred from errors or omissions.

Failed delivery

We are not liable for delivery errors due to Google Drive access incorrectly provided by you during the order process, nor for any damage or delays after delivery via a platform other than Google Drive that was organised by you and not recommended by us.

Confidentiality

We uphold confidentiality in all communication regarding your brand and business. We will only communicate with those who have been authorised on your account and will not share any information provided with anyone outside our organisation, subject to our privacy policy.

To use our Website, Services, Products or Materials, we may seek personal data or information including your name, email address, phone number, street address, billing information, birthday, preferences, interests, assignments, or other personally-identifying information (“Confidential Information”), or you may offer or provide a comment, photo, image, video or any other submission to us when using or participating in our Services, Products or Materials  (“Other Information”). By providing such Confidential Information or Other Information to us, you grant us permission to use and store such information. We, in turn, will use our best efforts to keep your Confidential Information safe, secure and confidential following these Terms & Conditions and our full privacy policy, which may be found on our website. If you believe that any of your Confidential Information is incorrect or incomplete, please contact us as soon as possible. We will promptly correct any Confidential Information found to be incorrect.

What We Do With Confidential Information.

We request and require various personal data and/or Confidential Information to understand your needs and provide you with better services. In addition, we may use such data and Confidential Information for the following reasons: (1) for internal record keeping, (2) to improve our Website, Services, Products or Materials, (3) to periodically send promotions about new Services, Products or other special offers from which you may unsubscribe at any time, (4) for aggregate, non-identifiable data for research purposes, (5) to customise the respective Website, Services or Products you purchase or use according to your interests and/or (6) for support or communication related to Website, Services, Product or Materials.

Storage.

All data and Confidential Information are stored through a data management system. This data and Confidential Information can only be accessed by those who help manage that information to deliver email or otherwise contact those who would like to receive our correspondence. You agree and acknowledge that we, including but not limited to our team, staff and affiliates, and those who manage the data management system, may have access to your Confidential Information. We do care about your privacy, so please read our privacy policy.

Confidentiality and Disclosure.

All Confidential Information will be held in confidentiality and will not be disclosed to third parties, except that we may disclose Confidential Information and personally identifiable information: (1) under this terms of these Terms & Conditions and privacy policy (2) if we are required to do so by law, (3) in the good-faith belief that such action is necessary to conform to the law, (4) to comply with any legal process served on either us or our partners, sponsors, investors, or affiliates, (5) to protect and defend our rights or property or those of our users or purchasers, and/or (6) to act as immediately necessary to protect the personal safety of our users, purchasers, or the public. We will not sell, distribute or lease your Confidential Information to third parties unless we have your permission or are required by law to do so.

Non-Abuse

If we find that you are not in alignment with our model, violate our core values, or are abusing our services or team in any way, including using our services for illegal or adult/pornographic purposes, we reserve the right to cancel your orders with us. Filmmotif services shall terminate upon your breach of any term of this Agreement.

USER RIGHTS

Right of withdrawal

Once you formally accept our quote via email, you can no longer withdraw from the agreement, but you can request changes to the delivered goods until you are fully satisfied with the outcome. Requesting alternative lengths to a video will require a new quote and will be considered a separate service and goods to be delivered for which a separate payment will be required.

COMMON PROVISIONS

No waiver

Our failure to assert any right or provision under these terms does not waive that right or provision. No waiver will constitute a continuing waiver of such term or any other term.

Service reselling

You may not reproduce, duplicate, copy, sell, or exploit any part of our website or its service without our express written permission, granted either directly or through a legitimate reselling programme.

Privacy policy

For information on the use of personal data, you can refer to our website’s privacy policy.

Intellectual property rights

Without prejudice to any more specific provisions in these terms, all intellectual property rights associated with our website, including copyrights, trademark rights, patent rights, and design rights, are exclusively owned by us or our licensors. These rights are protected by applicable laws and international treaties concerning intellectual property.

All trademarks, whether nominal or figurative, and any other marks, trade names, service marks, word marks, illustrations, images, or logos associated with our website, are and remain the exclusive property of us or our licensors. These are also protected by applicable laws and international treaties related to intellectual property.

Changes to the terms

We reserve the right to modify these terms at any time, informing you of any changes. 

Such changes will only affect the relationship with you from the date communicated onwards. 

Your continued use of the service will signify your acceptance of the revised terms. If you do not wish to be bound by the changes, you must stop using the service and terminate the agreement.

The applicable previous version will govern the relationship before your acceptance. You can obtain any previous version from us.

If legally required, we will notify you in advance of when the modified terms will take effect.

Assignment of contract

We reserve the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these terms, considering your legitimate interests. Provisions about changes to these terms will apply accordingly.

You cannot assign or transfer your rights or obligations under these terms without our written permission.

Contact

All communications regarding the use of our website must be sent using the contact information provided in this document.

Severability

Invalidity or unenforceability of any provision under applicable law will not affect the validity of other provisions, which will remain in full force and effect.

US users

Any invalid or unenforceable provision will be interpreted to the extent reasonably required to render it valid, enforceable, and consistent with its original intent. This document constitutes the entire agreement between you and us and supersedes all other communications, including but not limited to prior agreements concerning such subject matter, to the fullest extent permitted by law.

EU users

If any provision of this document is void, invalid, or unenforceable, we both agree to do our best to find, in an amicable way, an agreement on valid and enforceable provisions. 

In case of failure to do so, the void, invalid, or unenforceable provisions will be replaced by the applicable statutory provisions.

Regardless of the above, the nullity, invalidity, or impossibility of enforcing a particular provision of this document will not nullify the entire agreement, unless the severed provisions are essential for it, or of such importance that we both would not have entered into the contract if we had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship for you or us.

Governing law

These terms are governed by the law of the place where we are based, as outlined in the relevant section of this document, without regard to conflict of laws principles.

Prevalence of national law

However, regardless of the above, if the law of the country where you are based provides for higher applicable consumer protection standards, such higher standards will prevail.

Venue of jurisdiction

The jurisdiction over any controversy related to these terms lies with the courts of the place where we are based, as outlined in the relevant section of this document.

Exception for consumers in Europe

However, regardless of the above, this does not apply if you qualify as a European consumer or if you are a consumer based in the United Kingdom, Switzerland, Norway, or Iceland.

UK consumers

If you are a consumer based in England and Wales, you may bring legal proceedings related to these terms in the English and Welsh courts. If you are a consumer based in Scotland, you may bring legal proceedings in either the Scottish or the English courts. If you are a consumer based in Northern Ireland, you may bring legal proceedings in either the Northern Irish or the English courts.

US users

We both agree to waive any right to trial by jury in any court in connection with any action or litigation.

Any claims under these terms shall proceed individually, and we both agree not to join in a class action or other proceeding with or on behalf of others.

US users

Surviving provisions

Our agreement will continue in effect until it is terminated by either our website or you. Upon termination, the provisions contained in this document that by their context are intended to survive termination or expiration will survive, including but not limited to the following:

• your grant of licenses under this document will survive indefinitely;

• your indemnification obligations will survive for five years from the date of termination;

• the disclaimer of warranties and representations, and the stipulations under the section containing indemnity and limitation of liability provisions, will survive indefinitely.

DISPUTE RESOLUTION

Online dispute resolution for consumers

The European Commission has set up an online platform for alternative dispute resolution, providing an out-of-court solution for resolving disputes arising from online sales and service contracts.

Therefore, European consumers or consumers based in Norway, Iceland, or Liechtenstein can use this platform to settle disputes arising from online contracts. You can access the platform via the following link.