These Terms of Use (“Terms”) apply to your (“you” or “your”) use of HomeOnFilm's Application platform (the “Service”). By using the Service, you agree that these terms will become a legally binding agreement between you and the HomeOnFilm Contracting Entity identified in these Terms as HomeOnFilm.
When you use the Service, you’ll have access to a specific menu which allows you to switch videos to forms in which collect the details of viewers, specifically asked for is a name, email and phone number. These details are collated in a GDPR compliant environment which you and your staff have access to. You also have the option to upload your own videocontent (“User Content”) which you have full control and responsibility over. The Service is made available at www.homeonfilm.live (mobile web application). By using the Service you acknowledge and agree to HomeOnFilm's Privacy Policy.
You may use the Service only if you can form a binding contract with HomeOnFilm and are legally permitted to do so. By using the Service, you represent and warrant that you have the full right, power and authority to agree to and be bound by these Terms and to fully perform all of your obligations hereunder.
If you sign up for the Service using an email address associated with your employer or another organization (“Admin Entity”), (i) you represent and warrant that you have the authority to bind the Admin Entity to these Terms; (ii) your use of the Service will bind your employer or the organization to these Terms; and (iii) “you” and “your” in these Terms will refer to both you and the Admin Entity. The HomeOnFilm account you create using an email address associated with an Admin Entity will be an “Administered Account”.
If you’ve signed up for the Service using an Administered Account, at the Admin Entity’s request, HomeOnFilm may: Share your email address, name and account information with your Admin Entity and transfer control of the Administered Account to the Admin Entity.
If your Administered Account is transferred, the Admin Entity’s admin will be able to access, transfer and control your Administered Account and all content associated with it, as well as make changes to the Administered Account and billing settings and privacy preferences; make changes to the folder permissions; and delete the Administered Account.
If your Admin Entity has requested control of your Administered Account, HomeOnFilm will provide you with notice and the opportunity to transfer your content (subject to you providing us with a valid email address) before the Administered Account is transferred to your Admin Entity. Companies or organisations may choose to bring everyone that uses HomeOnFilm with an email address they manage onto one centrally-managed HomeOnFilm account.
Subject to your compliance with these Terms, you are granted a non-exclusive, limited, non-transferable, freely revocable license to access and use the Service for business or personal use. HomeOnFilm reserves all rights not expressly granted under these Terms. Each person must have a unique account and you are responsible for any activity conducted on your account. You may not allow any other party to access or use the Service with your unique username, password, or other security code.
HomeOnFilm does not support and will not tolerate its Service being used to discriminate against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin. You are not permitted to use the Service in a manner which would or would likely incite, promote or support such discrimination and you must not use the Service to incite or promote hostility or violence.
You shall not yourself or through any third party (i) rent, lease, sell, distribute, offer in a service bureau, sublicense, or otherwise make available the Service or the Licensed Content to any third party (except as permitted under these Terms); (ii) copy, replicate, decompile, reverse-engineer, attempt to derive the source code of, modify, or create derivative works of the Service, or any part thereof; (iii) access the Service for purposes of performance benchmarking; (iv) access the Service for purposes of building or marketing a competitive product; (v) use the Service to store or transmit a virus or malicious code; (vi) use a virtual private network (VPN) to circumvent geographic-based pricing or content access; (vii) use the Service to transmit unsolicited emails or engage in spamming; (viii) use any form of data mining, extraction, or scraping on the Service and/or the contents available therein for any purpose (including but not limited to AI, machine learning, and data science purposes); or (ix) bypass the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the Licensed Content.
If you are a HomeOnFilm App user, HomeOnFilm's Privacy Policy applies to the personal data that the HomeOnFilm Application collects, uses, transfers, discloses and stores about your accounts, use of the Service, User Content (except personal data that HomeOnFilm users collect through the HomeOnFilm Site which we process on their behalf).
If you have a HomeOnFilm account which collects personal data about others, then HomeOnFilm collects, uses, transfers, discloses and stores certain personal data on your behalf as a processor in connection with your use of the Service. In those cases, our Privacy Policy applies.
You represent and warrant that you own all rights, title, and interest in and to your User Content or that you have otherwise secured all necessary rights in your User Content as may be necessary to permit the access, use and distribution thereof as contemplated by these Terms. As between you and HomeOnFilm, you own all right, title and interest in and to your User Content. You grant HomeOnFilm a royalty-free and sub-licensable license to display, host, copy, store and use your User Content solely to the extent necessary to provide the Service to you. To the extent you include User Content that you’ve shared with others, you grant HomeOnFilm a perpetual, royalty-free, sub-licensable, license to display, host, copy, store and use your User Content to the extent necessary to continue to make all content available.
When you upload video content to HomeOnFilm, you’re guaranteeing that you have the rights to it. We never obtain any ownership over your content, but we do need you to give us certain rights to store it and have it ready for you to use.
You agree that if you opt-in to do so via the privacy settings within your account, HomeOnFilm its affiliates, and its third party service providers that enable functionality within the Service may use your User Content to develop, improve, and provide products and services.
When you upload content to HomeOnFilm, you're guaranteeing that you have the rights to it. We never obtain any ownership over your content, but we do need you to give us certain rights to store it and have it ready for you to access and use.
All user emails collecting or processing personal data in connection with the HomeOnFilm App confirm that you have read, understood and agree to our Terms of Use and our Privacy Policy in full.
All video edits are collated remotely by the HomeOnFilm App and billed on a monthly basis. All invoices relative to all account must be settled in 30 days. One monthly invoice is sent to the Head Office and this relates to all offices and all video edits that have been ordered through the HomeOnFilm App for individual accounts. Please note pricing may vary depending on the time taken to edit specific content.
Your subscription will automatically renew on a monthly basis as applicable. You can cancel your subscription at any time. If you cancel your subscription, you will not receive a refund or credit for any amounts that have already been billed. A standard 30 days cancellation will be required.
HomeOnFilm may offer you a free trial or pilot to allow you to try our Service. HomeOnFilm reserves the right to set eligibility requirements and the duration for free trials and pilots. At the end of your free trial, HomeOnFilm will charge the relevant subscription fee for the next billing cycle to your nominated payment method, unless you cancel your subscription prior to the end of the free trial. If you have access to a pilot, your access to the Service will cease if you do not enter into a paid subscription prior to the end of the pilot period.
HomeOnFilm reserves the right to change its prices at any time. If you are on a subscription plan, changes to pricing will not apply until your next renewal or thirty (30) days after notice, whichever is later.
You agree that HomeOnFilm may contact you at any time by email or other method with information relevant to your subscription, billing, and use of the Service.
Except as expressly set out in these Terms, all intellectual property rights in and to the Service and Licensed Content remain the sole property of HomeOnFilm and its licensors. You assign to HomeOnFilm any suggestions, ideas, enhancement requests, or other feedback you provide to HomeOnFilm relating to the Service or HomeOnFilm's products. HomeOnFilm owns all content, data, software, inventions, ideas and other technology and intellectual property that it develops in connection with the Service and its products.
The Service is provided on an “as-is” and “as-available” basis. To the maximum extent permitted by applicable law and subject to any non-excludable rights and remedies you may have under applicable law, HomeOnFilm expressly disclaim any and all warranties of any kind, whether express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. HomeOnFilm does not warrant that your use of the Service will be uninterrupted or error-free. HomeOnFilm does not warrant that it will review your data for accuracy or that it will preserve or maintain your data without loss. You understand that use of the Service necessarily involves transmission of your data over networks that HomeOnFilm does not own, operate, or control, and that HomeOnFilm is not responsible for any of your data lost, altered, intercepted or stored across such networks. HomeOnFilm will not be liable for delays, interruptions, service failures, or other problems inherent in use of the internet and electronic communications or other systems outside HomeOnFilm’s reasonable control.
You agree, to the extent permitted by law, to defend, indemnify and hold harmless HomeOnFilm and its affiliates, officers, directors, agents, licensors and employees from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable solicitor's fees and costs) resulting from or related to (i) your violation of these Terms or (ii) your User Content.
If HomeOnFilm suffers harm due to your content or your violation of these Terms, or if someone tries to hold HomeOnFilm responsible for your content or your violations, you’ll be responsible for any costs incurred by HomeOnFilm and defending HomeOnFilm.
In no event shall either party be liable for any consequential, incidental, indirect, special, exemplary or punitive damages, losses, or expenses (including but not limited to business interruption, lost business or lost profits) even if it has been advised of their possible existence and notwithstanding the failure of essential purpose of any remedy. HomeOnFilm is not responsible for, and assumes no liability for, the contents of User Content. These terms do not affect consumer rights that cannot by law be waived or limited. These terms do not exclude or limit liability arising out of either party’s gross negligence, fraud or wilful misconduct.
These Terms shall take effect the first time you access the Service and shall continue in full force and effect until i) if you are a paid subscriber, the expiration or termination of your subscription; or ii) if you are using HomeOnFilm's free offering, when your account is deleted or terminated.
If HomeOnFilm, in its reasonable discretion, determines that you or your use of the Service violate these Terms, HomeOnFilm may take one or more of the following actions: (i) delete the prohibited User Content (ii) suspend your access to the Service (iii) terminate and delete your account along with all data and content associated with that account (iv) permanently ban you from using the Service; and/or (v) disclose the prohibited User Content to government authorities.
In the event of termination of your subscription for cause due to default by HomeOnFilm, HomeOnFilm shall refund, on a prorated basis, any prepaid fees for the Service for the period beginning on the effective date of termination through the end of your then-current subscription. In the event of a termination of your subscription to a violation by you, you will not receive any refund and shall immediately pay any outstanding fees for the remaining period of your subscription.
Upon any expiration or termination of your Subscription, you must cease using the Service. You will lose access to your Content, and any other information including datauploaded to the App (and we may delete all such data unless legally prohibited) after expiration or termination of Your Subscription.
You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations, in connection with your use of the Service. HomeOnFilm agrees to abide by all applicable local, state, national and foreign laws, treaties and regulations, in connection with its provision of the Service.
These Terms will be governed by and construed in accordance with United Kingdom laws, without regard to any conflict of laws or provisions.p>
The Service is subject to trade sanctions and laws and regulations that govern the import, export, and use of the Service. These laws or regulations may prohibit HomeOnFilm from providing you the Service or require that we discontinue making it available to you without notice. By using the Service you agree to comply with all trade sanctions, export and import laws, and regulations and warrant that (i) you are not prohibited from accessing the Service, and (ii) you will not make available the Service to anyone who is prohibited from accessing it under the laws or regulations of any jurisdiction.
If you have a dispute arising out of these Terms, contact us on support@homeonfilm.com first and we’ll attempt to work with you to resolve the dispute. In the event that we’re unable to resolve a dispute directly, you and HomeOnFilm each agree to resolve any claim, dispute, or controversy (excluding any HomeOnFilm claims for injunctive or other equitable relief) arising out of or in connection with these Terms and/or the Service (collectively, “Claims”), by binding arbitration by the United Kingdoms's Advisory, Conciliation and Arbitration Service. The arbitration will be conducted through videoconferencing or at an agreed location reasonably convenient to both parties. Each party will be responsible for paying any relevant filing, administrative and arbitrator fees in accordance with the ACA service and rules. The award rendered by the arbitrator may include costs of arbitration, reasonable solicitor's fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights. All Claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Unless we agree otherwise, the arbitrator or a court may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and HomeOnFilm are each waiving the right to a trial by jury or to participate in a class action. Legal notices should be sent to 33-35 Hoxton Square, London N1 6NN, UK. Attn: Legal
You may not assign these Terms or any of your rights under these Terms without HomeOnFilm’s consent except to any successor by way of a merger, acquisition, or change of control. HomeOnFilm may transfer or assign any of its rights and obligations under these Terms, in whole or in part, at any time with or without notice.
Headings used in these Terms and the explanatory boxes are provided for convenience only and will not in any way affect the meaning or interpretation of the Terms or any portion thereof.
If a particular provision of these Terms is found to be invalid or unenforceable, it shall not affect the other provisions and the Terms shall be construed in all respects as if that invalid or unenforceable provision had been limited or omitted to the minimum extent necessary.
HomeOnFilm’s express waiver or failure to enforce any provision of these Terms shall in no way be construed to be a present or future waiver of such provision nor affect HomeOnFilm's ability to enforce any provision thereafter.
All required notices to you will be sent to the email address associated with your account or through other legally permissible means.
We respect the intellectual property rights of clients. We will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
We may modify these Terms (and any policies or agreements referenced in these Terms) at any time. We will post the most current version of these Terms on the HomeOnFilm.live website. We will provide you with reasonable advance notice of any change to the Terms that, in our sole determination, materially adversely affect your rights or your use of the Service. We may provide you this notice via the Service and/or by email to the email address associated with your account. By continuing to use the Service after any revised Terms become effective, you agree to be bound by the new Terms.
HomeOnFilm may add, change or remove features or functionality to the Service; modify or introduce limitations to storage or other features; or discontinue the Service altogether at any time. If you are on a paid subscription and HomeOnFilm discontinues the Service you are using during your subscription, HomeOnFilm will migrate or make available to you data stored if available to do so and if it’s unable to do so, HomeOnFilm will provide you a pro-rata refund of fees prepaid for the remaining period of your subscription.
These Terms and the terms and policies referenced herein constitute the entire agreement between you and HomeOnFilm with respect to the Service. These Terms supersede any prior representations, agreements, or understandings between you and HomeOnFilm, whether written or oral, with respect to the Service including previous versions of the Terms. All terms, conditions or provisions shall be of no force and effect notwithstanding any acceptance of such purchase order. The English version of these Terms will control.