Terms & Conditions
Please read these terms and conditions carefully before using the website operated by FilmOn. ( we, us ) They contain important information about your rights and obligations. You can print out these terms and conditions by clicking on the print icon on your browser.
1.2 If you do not wish to be bound by these terms and conditions then you may not use our website.
2. The services available via the FilmOn website
2.1 If you have selected monthly billing, you will be billed the same amount every month at this time. If you wish to stop this billing procedure please email email@example.com. Payments for yearly subscription packages will be processed through Paypal.
2.2 Our website describes how you can use FilmOn in more detail. These terms and conditions govern your use of the FilmOn service at all times.
- — you can download to own the films made available to you on the website;
- — you can download to rent the films made available to you on the website;
- — you can simply stream the films made available to you on the website; and
- — you can custom make your own DVD compilation and download films to burn to your own DVD which you may watch anywhere.
2.4 Our website is also a multi-user online service provided by us and a place for you primarily to create your own community about movies and more, post links and exchange views with other users in the FilmOn3d ( 'FilmOn3d') section of our website on whatever subject you choose ( subject to the restrictions contained in these terms ) and post personal information about yourself and material of your choosing including, photographs, video clips, create a graphical representation of your body (such representation being called an 'Avatar'), post music and user generated content by email, or on MP3 files via our website on the Internet ( the 'Content').
2.5 The FilmOn3d service includes the software which we provide by way of licence to you and the online environments that support the service, including the server computation, software access, messaging and protocols that simulate the various locations featured in the FilmOn3d environment (collectively, the 'FilmOn3d Software'). Our website and service and the FilmOn3d Software collectively constitute the 'Service' as used in these terms and conditions.
2.6 We grant to you a non-exclusive, limited, fully revocable license to use the FilmOn3d Software and the rest of the Service during the time you are in full compliance with these terms and conditions.
2.7 You acknowledge that by using the Service you may have access to Content provided under license by independent content providers, including contributions from other users of the Service. ( 'Content Providers')
2.8 We shall not be concerned with the day to day management of and do not pre-screen Content. The Content which you submit to FilmOn3d shall be your sole responsibility. We shall not intervene at any stage in such management nor shall we act as mediator in the event of any dispute between you and any other participant or Content Provider in FilmOn3d.
3. Modifications to the FilmOn website
3.1 We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content and/or new features shall be subject to these terms and conditions.
3.2 Please note that although we try to ensure that the content of our website is accurate, our website may contain typographical errors or other inaccuracies.
4.1 FilmOn appreciates that your privacy is very important to you. We recognise that providing personal information is something which requires trust which we take very seriously. We are keen to strike a fair balance between your personal privacy and ensuring you obtain full value from the products and services we or those with whom we are associated may be able to market to you.
4.2 We are fully registered under the Data Protection Act 1998 and ensure we comply with all protection the Act affords to you. Further information on the Act is on the internet at www.informationcommissioner.gov.uk.
4.3 We collect information about you firstly to process your registration and second, to provide you with an excellent service. The following applies to any information you provide to us.
- — You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address and email address, to the extent reasonably necessary to provide the Service available through our website by us, our partners, successors (including the purchaser of the whole or part of our business), associates, sub-contractors or other third parties (together our 'Partner Companies').
- — If you send us personal correspondence such as e-mails then we may collect this information into a file specific to you. The various purposes shall be known as the Purposes. All such information collected by us shall be referred to in these terms and conditions as 'Personal Information'.
- — You must ensure that the Personal Information you provide is accurate and complete and that all registration details contain your correct name, an address and other requested details.
- — When you register with the Service, we ask you to provide certain information, such as your contact details and demographic information. We will store this data and use it to contact you, provide you with details of other products or services and otherwise for the normal use and improvement of the Service, unless you have asked us not to do so. If you would rather not receive this information please inform us using the contact form.
- — We may also use the data you send to us to prepare user profiles.
- — We do pass on your personal data to third parties and by accepting these terms and conditions you are providing your consent to such transfer.
- — So we can check and improve the Service, we may also gather information about you when you use it, such as details of your operating system, browser version, domain name and internet service provider's address.
- — Our website provides links to other websites. We are not responsible for their data protection policies. You should check their privacy policies if you are concerned.
- — We do our best to protect your personal data including through the use of encryption technology, but we cannot guarantee the security of any data you disclose.
- — We add to the data which you give us information we obtain from third parties. You have the right to receive information about your personal data which we hold under the Data Protection Act 1998. If you believe any of your data held by us is incorrect, please contact us.
- — We have obligations under money laundering legislation to check the identity of users of our website and may need to make enquiries and obtain information from you for that purpose. You confirm that all information you supply will be accurate and that we may pass on such information as we consider necessary to comply with any legal/reporting requirements.
- — You agree that we may disclose to any person empowered to require such information by or under any legal enactment, any information they may request or require relating to you.
- — you must own or have the right to submit Content for publication on our website and use as part of the Service and all Content submitted by you must be legal, honest, decent and truthful and comply with all applicable laws, regulations standards and/or codes of practice;
- — you must ensure that all Content submitted to us does not infringe the copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party, nor be obscene, abusive, threatening, libellous or defamatory of any person or be otherwise unlawful;
- — you must ensure that the Content does not advertise or otherwise solicit for funds or is a solicitation for goods or services;
- — we have the right to monitor Content and may edit, reject or remove Content if we believe it does not comply with the above and, in particular, we reserve the right to block incoming emails and other Content if we believe that their content is or may be inappropriate or otherwise does not comply with the above.
- — We have the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the Service as we see fit in our sole discretion.
4.5 You grant us a non-exclusive, royalty free, worldwide licence to publish all Content that you submit to us. You have sole responsibility for the Content which you submit to us and you shall indemnify and shall keep us fully and effectively indemnified on demand from and against all actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of Content submitted by you to us.
4.6 By accepting these terms and conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. If you would like to review or modify any part of your Personal Information then you should e-mail us using the contact form.
4.7 You undertake that you will not use our website for any purpose that is illegal or prohibited by these terms and conditions, including without limitation the posting, linking to or transmitting of any libellous, defamatory, inflammatory or obscene material. If you breach these terms and conditions then your permission to use this website terminates immediately without the necessity of any notice being given to you. We retain the right to deny access to any person who fails to comply with these terms and conditions.
5. Your use of the FilmOn website and your security obligations
5.1 You must create an account with us ( your 'Account' ) to use the Service. You agree to provide true, accurate, current and complete information about yourself as prompted by the online registration form and maintain and promptly update that information to keep it true, accurate, current and complete.
5.2 You must choose an account name to identify yourself to other users of FimOn3d ( your 'Account Name'), which will also serve as the name for your Avatar. You must not select as your Account Name the name of another person to the extent that could cause confusion or deception. You must not select a name which violates any trademark right, copyright, or other proprietary right or a name which we deem in our sole discretion to be vulgar or otherwise offensive. We reserve the right to delete or change any Account Name for any reason or no reason. You are fully responsible for all activities conducted through your Account or under your Account Name.
5.3 When you open an Account you must select a password. You are responsible for maintaining the security and confidentiality of your password. We will not be responsible for any harm which results from your disclosure, or authorisation of the disclosure of your password or from use by any person of your password to gain access to your Account or Account Name. At no time should you respond to an online request for a password other than in connection with the log-on process to the Service. Your disclosure of your password to any other person is entirely at your own risk. You must notify us immediately of any unauthorised use of it or breach of security regarding our website or Service that comes to your attention.
5.4 You must not impersonate any other person while using our website.
5.5 You must be 18 years of age or older to use our website. By accepting these terms and conditions you confirm that you are at least 18 years of age. Certain content provided by the Service may not be suitable for anyone under 18 years of age. We will disable access to such content by default. We do allow you to configure filtered access to such content but we do advise parents or guardians to supervise their childrens use of our website.
6. How we comply with the law
6.1 You assume total responsibility and risk for your use of our website and use of all information contained within it.
6.2 We have used our best endeavours to ensure that our website complies with UK laws and where appropriate European Community law including without limitation, The E Commerce Regulations 2002, The Data Protection Act 1998, the Disability Discrimination Act 1995 and the general law. However, we make no representations that materials on our website are appropriate or available for use in locations outside the UK. Those who visit our website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our website and/or viewing of it, or use of any material, content or Films on our website, or products offered through our website or services, or products offered through our website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our website and you must exit immediately.
7. Buying the Films from the FilmOn service
- — you can download to own the films made available to you on the website;
- — you can download to rent the films made available to you on the website;
- — you can simply stream the films made available to you on the website; and
- — you can custom make your own DVD compilation and download films to burn to your own DVD which you may watch anywhere
7.2 If you download to rent or stream the Films you may retain one file relating to the Film on the hard drive of your personal computer ( or other device which we have authorised) to which the Films are initially delivered via the internet. That file is not transferable to any other device and must not be used on any other device.
7.3 If you download to rent or stream the Films and you have a mobile device such as a mobile phone you are permitted to retain one file relating to the Film that is transferable to that device. The device must be compatible with the format which we display when you purchase the Film. You must synchronise your device with your personal computer in order to transfer the file. However, once you have transferred the file to your mobile device you cannot then transfer the file to any other device either from your personal computer or from your mobile device.
7.4 If you want to view the Films on personal computers other than the one to which you have told us the Films are to be delivered, you must obtain a new licence. You may do this by connecting the new computer to our website via an internet connection and logging in to your Account.
7.5 We will determine in our sole discretion from time to time which devices are compatible for you to view the Films in cases where you download to rent or stream the Films and we will display this information on our website.
- — becomes damaged or corrupted;
- — is deleted by accident;
- — your computer crashes;
- — your hard drive fails;
- — the Film fails to play for any other reasons.
8. Intellectual Property Rights
8.1 The contents of our website are a combination of user generated content, published materials but also original works produced by us. Our works are protected by international copyright laws and other intellectual property rights. We are the owner of these rights together with our affiliates or other third party licensors. You acknowledge that other Content Providers have rights in their respective Content under copyright and other applicable laws and treaty provisions, and that such rights are not licensed or otherwise transferred by mere use of the Service. All product and company names and logos mentioned in our website are trade marks, service marks or trading names of their respective owners, including us. You may download material from our website for the purpose of using the Service. You acknowledge that if you modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to the video, Avatars, music, text, graphics, messages, codes and/or software, unlawfully you do so on your own initiative and we are not responsible for your actions.
8.2Any Intellectual property rights which we grant to you via our website or in these terms and conditions to enable you to purchase and access the Films or use the Service are granted simply as a means for you to use the Service. They do not constitute a grant or waiver whether implied or otherwise, of any rights of the copyright owners in any audio or video content contained within the Films.
9. License Granted when you submit Content to FilmOn3d
9.1 If you submit Content to us you grant us a non-exclusive right to make available the Content via the Internet during the period in which the Content is featured on FilmOn3d, ( the Licence Period ) including making any alterations to the Content technically required to make the Content available to other users of FilmOn3d via the Service.
9.2 You grant us the right to display any promotional material relating to the Content.
9.3 You shall observe any further obligations as part of the registration procedure and / or the upload procedure for FilmOn3d (on a submission by submission basis).
9.4 You irrevocably consent to us retaining data relating to you on a database (which means information stored by us in electronic form relating your personal information) and dealing with such data for the purpose of marketing and perhaps exploiting the Content. All databases shall remain our sole property notwithstanding the expiry of the Licence Period.
9.5 You shall refrain from any act which would interfere with the exploitation of the rights granted hereunder.
9.6 Following the expiry of the License Period we shall if requested by you use our best endeavours to delete all copies of the Content and promotional material under our control save to the extent stored as data in any database.
10. Permissions required when you submit Content to FilmOn3d.
10.1 You confirm to us that you are able to make the Content available to users of FilmOn3d during the Licence Period.
10.2 We may choose not to permit any Content or promotional material if in our reasonable opinion it is necessary to do so for legal, technical or marketing reasons.
10.3 If, because of any act or default on our part, you are unable to make any Content available to users of FilmOn3d for a period of thirty (30) days or longer then your sole remedy shall be to terminate the Licence Period in respect of that Content by giving us notice in writing. Your notice must state expressly whether you require us to remove your Content from the website.
11. Warranties you provide when you submit Content to FilmOn3d
11.1 You are free to participate and submit Content to FilmOn3d.
11.2 You have not entered into any arrangement which might conflict with the service provided by FilmOn3d and are not under any disability, restriction or prohibition which might prevent you from performing any of your obligations under these terms and conditions.
11.3The Content provided by you shall be original to you and shall not under laws in force in any part of the world be obscene or blasphemous or defamatory of any person or infringe any right of copyright or right of privacy or right of publicity or moral right or performers right or performers property right or any other right of any nature or any person.
11.4 Our Service allows people to interact online regarding topics and content chosen by users of the Service, and those users can alter the Service environment on a real-time basis. We shall at all times have absolute discretion as to whether to make available to users of FilmOn3d or to continue or discontinue the making available to users of FilmOn3d and as to the exploitation of the Content and the terms and conditions of promotion and advertising and all other related matters.
11.5 You undertake to indemnify us and keep us at all times fully indemnified from and against all actions, proceedings, claims, demands, costs (including without prejudice to the generality of this provision our legal costs ), awards and damages however arising directly or indirectly as a result of any breach or non-performance by you of any of your undertakings, warranties or obligations under these terms and conditions.
12. Linked Sites
We make no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from us and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that we endorse or accept any responsibility for the content, or the use of, such a website and we shall not be liable for any loss or damage cause or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
13. Availability of our website
We will try to make our website available but cannot guarantee that our website will operate continuously without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with or hack into, or otherwise disrupt any computer system, server, website, router or any other internet connected device.
14. Our Liability to you
14.1 Save as otherwise required by any statutory provision, we exclude all express or implied terms, conditions, warranties representations or endorsements whatsoever with regard to any Films, the Service, material or information featured on our website or any information or service provided through our website.
14.2 We will do our best to ensure that all materials and information published on our website are accurate, but please note that all content, materials and information on our website are provided on an as is basis and you assume total responsibility and risk for your use of our website and use of all information contained within it.
14.3 We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or the Service, we accept no liability for this loss or damage whether due to inaccuracy, error, omission or any other cause and whether on our part or our servants, agents or any other person or entity.
14.4 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and the Service and to properly download and view the Films and use the Service, including sufficient internet connectivity and bandwidth and is compatible with our website, as specified under our Knowledgebase Compatibility Articles. We cannot specify particular requirements which may vary. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
14.5 Neither we nor our shareholders, directors, officers, employees or agents shall be liable whether jointly or severably to you or any third party for any indirect, special, incidental or consequential loss or damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, arising out of or in connection with the use or performance of our website, the Service or any services or goods available through it or the Films. Our liability shall be limited to the sum of One Pound ( £1).
14.6 The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.
15. How to cancel your registration to FilmOn
15.1 You can cancel your registration to the FilmOn service at any time via our website at www.filmon.com. If you want to cancel you must notify us online via our website by clicking on the section marked Cancel my FilmOn registration and following the instructions shown there. We will track this request and it will form part of your customer account history. As soon as you have requested cancellation no further access to the Films, FilmOn3d or the Service will be possible. We only accept cancellation requests via our website and are unable to accept cancellation requests made via letter, SMS text message or any other method of communication.
15.2 When your cancellation notice is accepted we will send you a confirmation email to the address notified by you upon registration.
15.3 We will only refund amounts paid by you if there is a fault on our delivery system (and not any third party's fault), and provided that (i) you notify us via email (firstname.lastname@example.org) about such a fault in our delivery system and (ii) we do not rectify the fault within 14 days of your notice.
16. How we may terminate or restrict your use of the FilmOn Service
We reserve the right to terminate or otherwise restrict your use of the FilmOn Service for any reason whatsoever. This may include where we believe that you are in breach of any of your obligations under these terms and conditions. If we do terminate as a result of a breach of any obligation under these terms and conditions such termination will be immediate and without notice. If we terminate your use of the Service for any other reason then we will give you thirty ( 30 ) days notice of such termination.
17.1 We may assign, transfer, novate or subcontract any or all of our rights and obligations under these terms and conditions at any time. However, the terms and conditions are personal to you and you agree to them purely for your own benefit and not for the benefit of any other party.
17.2 We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the terms and conditions on the website regularly.
17.3 These terms and conditions are the whole agreement between us. You acknowledge that you have not entered into these terms and conditions in reliance upon any statement, warranty or representation made by us or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these terms and conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the terms and conditions.
17.4 Your registration with FilmOn is non-transferable and cannot be sold or traded in any manner.
17.5 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
17.6 These terms and conditions and your use of our website and Service are governed by English law and you submit to the non-exclusive jurisdiction of the English courts.
17.7 Except in respect of a payment obligation, neither you nor us will be held liable for any failure to perform any obligation to the other due to causes beyond your or our respective reasonable control.
17.8 Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.
17.9 These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.
17.10 Unless the context otherwise requires the words and expressions used in these terms and conditions shall have the same meanings as are given to them in the Copyright Designs and Patents Act 1988 together with the Copyright and Related Rights Regulations 2003.
17.11 No partnership or agency is created by your registering with FilmOn and neither party shall represent otherwise.
17.12 Neither you or FilmOn shall bring any proceedings against the other in respect of these terms and conditions unless the party intending to bring proceedings first makes a bona fide offer to participate immediately in a mediation conducted by a mutually agreed third party or a certified mediator and the other party has declined such offer. The costs of the mediator shall be borne by the party intending to bring proceedings but shall be subject to the mediation in any event. This clause shall not apply to the extent that one party requires immediate injunctive relief to protect its interests hereunder.
Customer payments to FilmOn.com are not refundable under any circumstances, except at the discretion of Company management and are to be considered forfeited to the Company at the date of payment. This provision includes any denial of customer service due to any issue including but not limited to network, technical or content licensing factors.
- — to us via e-mail using the contact form or by post at 111PIX.COM Limited, 111 Wardour Street, 1st Floor, London, W1F 0UH;
- — to you at either the e-mail or postal address you provide during the registration process.
Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.