TERMS&CONDITIONS
General provisions
- The service of accessing either paid and unpaid content in Bulletfilm service shall be provided by Mayan Films with its registered seat at 19 Weald Close SE16 3ET London hereinafter referred to as Mayan Films.
- The provision of the Service of accessing either paid and unpaid content (hereinafter referred to as the Service) in Bulletfilm service shall comply with the rules specified in these Regulations (hereinafter referred to as the Regulations).
- These Regulations stipulate the general rules which shall be the legal basis of using the Service and/or its purchase in Bulletfilm service. Each User shall be obliged to observe the provisions of these Regulations and the Conditions of Use.
- Prior to access to the Service it is necessary to read these Regulations carefully. The purchase of the Service shall be regarded as being familiar with the content of these Regulations, accepting their provisions and being obliged to their observance.
- Mayan Films reserves the right to make amendments and modifications to these Regulations.
- The User undertakes to monitor any possible amendments to the Regulations on an on-going basis at the following address: www.bullletfilm.com/terms and conditions and to read them.
- Any and all amendments to the Regulations shall become effective upon their placement on this web page unless otherwise stipulated.
User registration
- It is possible to use the Service to access the content of the website provided that the registration complies with the procedure specified in the Conditions of Use in Bulletfilm service.
- The Users declare that the Data provided by them is true, accurate and that it shall not be misleading and shall not breach the third parties' rights, including rights to trademarks, patents, trade secrets and personal property;
Purchase of the Service
- The paid sections of Bulletfilm service shall be made available to the Users upon payment by credit card and paypal system only and have selected the length of the subscription during the User Registration.
- The use of some products in Bulletfilm service might be chargeable. The cost of purchase shall be specified in the current price list available to Users on the web page of Bulletfilm service.
- Mayan Films is entitled to bar the access to the Service to the User who uses this Service for purposes other than intended or uses it to the detriment of the third parties, or breaches the law and the provisions of these Regulations and the Conditions of Use.
- Mayan Films reserves the right to remove the User's audiovisual work and/or bar the access to the Service to the User who deliberately uses the Service in improper way to promote himself/herself, for example by "pumping up" his/her audiovisual work amongst the hottest by playing this work all over again using the same IP address.
- The Service shall be the property of Mayan Films and shall be subject to protection pursuant to the provisions of the copyright law and international conventions on the protection of intellectual property.
- The use of the licence for playing back the films shall be possible only and exclusively in the computer to which it has been downloaded.
- The product shall have the Bulletfilm watermark on it. All Products shall have an individual Licence number. It shall be prohibited to destroy, remove or change the watermark or the Licence number.
- Mayan Films reserves the right to modify the types and rules of using the products included in the website.
SERVICE
- The Service shall be available from 01.05.2007
- Mayan Films informs that access to, and use of, the Service shall be possible only for the Users with the following operating system platforms: Access to the website will be possible for PC / MAC computers with the possibility of searching the Internet with the use of one of the followingbrowsers:
- InternetExplorer6.x,7.x
- MozillaFirefox1.5,2.x
- Opera8.x,9.x
It is required to install FlashPlayer Ver. >= 7 into your browser. However, Mayan Films shall not guarantee and shall not bear any responsibility that each combination of these factors allows for accessing and using the website. - Mayan Films shall make every effort that the use of the products in Bulletfilm service which complies with the Regulations is appropriate; however, Mayan Films shall not guarantee and shall not be responsible for the occurrence of any emergency or special situations which result in problems with the access, e.g. as a result of blocking the package in spite of its use in accordance with the Regulations. Such cases accompanied with their detailed description shall be reported by the User by e-mail to support@bulletfilm.com and they shall be individually examined.
- Mayan Films shall not be responsible for any technical problems or technical limitations occurring within the hardware used by the User (firewalls, inadequate versions of Media Players, antivirus programmes, and other) which prevent the User's access to content included in the website.
- Mayan Films warns that any attempts to hack the website offering the service and using it in a way which violates the Regulations and the Conditions of Use may result in permanent blocking of the access to the service without any notice and the taking of legal steps.
- Bearing in mind the properties of the Internet and of the hardware, Mayan Films shall not guarantee uninterrupted and undisturbed access to the website.
- Mayan Films shall not be responsible for:
- damage resulting from improper use of the service by the User;
- problems with functioning of the service if they resulted from the circumstances which Mayan Films – in spite of due care – had been unable to foresee or prevent from occurring, especially the problems with functioning of the service which are connected with the quality of services provided directly by the operators intermediating in payment process and with Acts of God/Force Majeure.
- such use of the service by the Users which violates the provisions of these Regulations;
- the consequences resulting from the fact that the third parties have access to the User's password;
- any breaks in the availability of website for technical reasons (e.g. maintenance, servicing, hardware replacement) or other reasons independent of Mayan Films
- loss of data resulting from the failure of hardware, system or other circumstances independent of Mayan Films
- damage resulting from failure to deliver a message or delay in sending a message for reasons independent of Mayan Films
- Licences and copyrights to content and materials included in Bulletfilm service shall belong to Mayan Films and they can be used in other ways than offered on web pages of Bulletfilm service only with the consent of Mayan Films
Complain
- Each User shall be entitled to lodge a complaint related to the functioning of the Service.
- Complaints related to offered ways of payment referred to in these Regulations shall not be inquired into by Mayan Films
- Complaints shall be lodged:
- by e-mail sent to support@bulletfilm.com
- The Users' complaints shall be inquired into on an on-going basis however not later that within .28 days of lodging the complaint. Mayan Films reserves the right to postpone the foregoing date if the inquiry into the complaint requires special information or if it is hindered for reasons independent of Mayan Films (failure of hardware, the Internet, etc.). In addition, Mayan Films provides for the possibility that the inquiry into the complaint may require obtaining additional explanations from the User – the period of inquiry into the complaint shall be each time prolonged by the period of time in which the User gives such explanations.
- The response to the complaint shall be sent to the User to the address specified by the User in the complaint.
PRIVACY POLICY
- Giving personal information is voluntary; however, it is necessary for the proper provision of the Service.
- The administration of Users' personal data shall be conducted by Mayan Films. The data shall be used by Mayan Films and transferred to business partners of Mayan Films to provide the Service.
- The User who gives their personal data in the Registration form shall declare that this data is true and agree that it is processed by Mayan Films for purposes related to promotion (marketing) of products and companies.
- Each User is entitled to access their personal data, correct it and demand its removal. If the User wishes to do so, the User shall contact Mayan Films by e-mail sent to support@bulletfilm.com
- If the user applies that their personal data included in the registration form is removed by Mayan Films, it shall mean that further provision of Service is impossible for technical reasons and shall be tantamount to resigning of the Service.
FINAL PROVISIONS
- Mayan Films shall not bear any responsibility, in particular criminal, civil and administrative responsibility, for the use of the Service by the User in a way that violates the provisions of these Regulations.
- Mayan Films shall not bear any responsibility for the losses incurred by the User and resulting from the threats posed by the Internet, and in particular from the illegal entry of the User's system, acquiring the password by the third parties, infecting the User's system by viruses.
- The governing law in the scope of legal relations, resulting from the use of the Service, in Bulletfilm service by the User shall be the law of England .
I hereby declare that I have been informed of the rights that I am entitled to and that I agree to storing and processing my personal data by Mayan Films. I declare that I have familiarized myself with the conditions of use and the Regulations and that I shall observe them.
LICENCE AGREEMENT
Concluded by and between Mayan Films with its registered seat in London 19 Weald Close SE16 3ET hereinafter referred to as the Licensee,
and
the User registered pursuant to data included in the Registration form, holding login and password, placing Film in Bulletfilm service,
hereinafter referred to as the Licensor.
§ 1
- The subject of this Agreement shall be the use of an audiovisual work placed independently in Bulletfilm service by the registered Licensee which shall comply with the technical conditions and the Terms and Conditions of Use specified in Bulletfilm service, hereinafter referred to as the film, and the service consisting in storing the film (hosting) on the Operator’s server.
- The Licensor states that the Licensor has the author’s economic rights in the film and that the film does not breach property or personal rights of the third parties and the Licensor also states that he/she is fully entitled to conclude this Agreement and is not a party to another agreement which may adversely influence the execution of this Agreement.
- If – in connection with the Lincensor’s declaration referred to hereinabove – any third parties make claims against the Operator or its legal successors in the scope of breach of such rights (including the Producer, the Author and the ir legal successors), and in particular of intangible rights, the Licensor shall be obliged to redress the loss and to immediately take over from the Operator any and all charges connected with the proceeding, including the costs of legal assistance.
§ 2
The Operator states that the Operator is the owner of Bulletfilm film service available at www.bulletfilm.com, where the Operator specifies the conditions of placing independently the film by the Licensor, and the Terms and Conditions of Use of Bulletfilm service and technical conditions.
§ 3
- Under this Agreement the Licensor grants the Operator free of charge, to use the film referred to in w § 1 (1) in the following areas of exploitation:
- to record the film on any audiovisual, analogue and digital carriers only and exclusively in order to place and use it within the service
- to distribute the film with the use of the Internet and other data transfer techniques utilizing telecommunications, IT and wireless networks;
- to store the film in a computer memory and multimedia network, including the Internet;
- to use the film in telephone calls, including text messages (e.g. SMS, MMS, teletext) and audiovisual messages (iPod, iPhone,WAP);
- to make the work available to public in such a way that everyone can have access to it in a place and time selected by them;
- to broadcast the film with the use of the Internet (vodcast, streaming )
- to use the film or its fragments through such technologies as „pay-per-view”, “video on demand” and “video streaming”;
- to make foreign-language copies of the film (subtitles).
- to use fragments of the film for purposes related to promotion and advertisement of Bulletfilm service in any available media
- The Licensor shall grant the Operator the authorization which is unlimited in the scope of time and territory and with the right to grant sub-licenses attached to it.
- The Operator can translate the dialogues in the film into any language deepening on its needs. The translation shall be in the form of subtitles and is subject to protection under copyrights.
- The Operator may make the claim in the scope of breach of the author’s economic rights in the scope of granted authorization.
- The Operator is authorized to place the Licensee’s watermark on all copies of the film to protect the copyrights and prevent theeir illegal copying.
§ 4
In return for granting permission described in § 3 of this Agreement , the Operator undertakes to render the service of storing the film (hosting) on the Operator’s server and presenting it free of charge to the Users within the scope of Bulletfilm Service, in accordance with the Terms and Conditions of Use and all other legal and technical conditions described in this service.
§ 5
The Licensee authorises the Operator to perform the personal rights of the film makers, and in particular the right of the work integrity (adjustment of quality and format) due to the necessity of making the film file accessible the service in one technical standard offered by the Operator and situations described in § 3 aitem 3 and 5 of this Agreement.
§ 6
Within the scope of the authorisation granted, mentioned in § 3 item 1, the Licensore obtains the right to:
- independent placing of films on the Bulletfilm server and their presentation in the scope of the service.
- Promoting the Licensor’s charity activity by means od placing a link to the Licensor’s webpage in the Bulletfilm service, under the condition that the Licensor’s charity activity stays in compliance with the Terms and Conditions of Use and that it is accepted by the Operator.
§ 7
- The Agreement is concluded for the period of at least 90 days counted from the date of confirming this Agreement, with the right to the notice of termination by each of the parties without providing the reasons, within 14 days.
- In case of terminating the Agreement by giving notice mentioned above or for other reasons described in the Terms and Conditions of Use, the Operator undertakes to remove the film from the Bulletfilm service contents within 14 days, and to archive the copies.
§ 8
- The Parties unanimously state that the Terms and Conditions of Use published on the website of Bulletfilm service and forwarded for approval by e-mail shall constitute an integral part of this Agreement and lack of their approval by the Licensor shall be tantamount to expiry of this Agreement and immediate removal of the film from Bulletfilm service.
- The data provided by the Licensor in the Registration form shall constitute an integral part of this Agreement. The Licensor shall bear full legal responsibility for ensuring that all registration data provided by the Licensor are and will remain true, accurate, valid and full. Furthermore, the Licensor undertakes to immediately inform the Licensee about any and all modification related to registration.
§ 9
- The legal provisions of Great Britain and Wales as well as of the international conventions on the protection of intellectual property rights shall be applicable to all matters which are related to the scope hereof and which are not provided for herein.
- The court competent for settling the disputes shall be the court with the jurisdiction over the Operator’s registered office.
AGREEMENT (LICENCE AND HOSTING)
Concluded by and between:
- Mayan Films Ltd., with its registered seat in London, 19 Weald Close SE16 3ET,
registered by the Companies House in United Kingdom
Reg. number 6138629,
hereinafter referred to as the Operator, .
and - the User registered pursuant to data included in the Registration form, holding login and password, placing Film in Bulletfilm service,
hereinafter referred to as the Licensor.
§ 1
- The subject of this Agreement shall be the use of an audiovisual work placed independently in Bulletfilm service by the registered Licensee which shall comply with the technical conditions and the Terms and Conditions of Use specified in Bulletfilm service, hereinafter referred to as the film, and the service consisting in storing the film (hosting) on the Operator’s server.
- The Licensor states that the Licensor has the author’s economic rights in the film and that the film does not breach property or personal rights of the third parties and the Licensor also states that he/she is fully entitled to conclude this Agreement and is not a party to another agreement which may adversely influence the execution of this Agreement.
- If – in connection with the Licensor’s declaration referred to hereinabove – any third parties make claims against the Operator or its legal successors in the scope of breach of such rights (including the Producer, the Author and their legal successors), and in particular of intangible rights, the Licensor shall be obliged to redress the loss and to immediately take over from the Operator any and all charges connected with the proceeding, including the costs of legal assistance.
§ 2
The Operator states that the Operator is the owner of Bulletfilm film service available at www.bulletfilm.com, where the Operator specifies the conditions of placing independently the film by the Licensor, the Terms and Conditions of Use of Bulletfilm service and technical conditions.
§ 3
- Under this Agreement the Licensor authorizes the Operator, free of charge, to use the film referred to in § 1 (1) in the following areas of exploitation:
- to record the film on any audiovisual, analogue and digital carriers only and exclusively in order to place and use it within the service
- to distribute the film with the use of the Internet and other data transfer techniques utilizing telecommunications, IT and wireless networks;
- to store the film in a computer memory and multimedia network, including the Internet;
- to use the film in telephone calls, including text messages (e.g. SMS, MMS, teletext) and audiovisual messages (iPod, iPhone, WAP);
- to make the work available to public in such a way that everyone can have access to it in a place and time selected by them;
- to broadcast the film with the use of the Internet (vodcast, streaming)
- to use the film or its fragments through such technologies as „pay-per-view”, “video on demand” and “video streaming”;
- to make foreign-language copies of the film (subtitles).
- to use fragments of the film for purposes related to promotion and advertisement of Bulletfilm service in any available media
- The Licensor shall grant the Operator the authorization which is unlimited in the scope of time and territory and with the right to grant sub-licenses attached to it.
- The Operator can translate the dialogues in the film into any language depending on its needs. The translation shall be in the form of subtitles and is subject to protection under copyrights.
- The Operator may make the claim in the scope of breach of the author’s economic rights in the scope of granted authorization.
- The Operator is authorized to place the Operator’s watermark on all copies of the film to protect the copyrights and prevent their illegal copying.
§ 4
The Licensor authorizes the Operator to exercise the personal rights of the authors of a film and in particular the right to preserve the integrity of work (through adapting the quality and format) due to the necessity of making the film file available on the website in a uniform technical standard offered by the Operator and the situation referred to in §3 (3) and (5) hereof.
§ 5
- The Operator shall provide the service consisting in storing the film (hosting) on the Operator’s server and to make it available for a fee to the Users within the Bulletfilm service in accordance with the Terms and Conditions of Use, the Regulations, and other legal and technical conditions specified within this website provided that the Licensor has paid a relevant subscription charge in advance.
- The payments for the Internet services paid by the Subscriber in advance for a given settlement period shall be referred to as the subscription charges. The payments to the Operator’s account shall be made via the PayPal system and a credit card.
- A VAT invoice shall be issued automatically by the Bulletfilm service system of payment at the Licensor’s request.
- If the payment for the next settlement period is not credited on the last day of subscription period, the subscription charges for the next settlement period shall be automatically debited against the Licensor’s credit card until the Licensor resigns of the services provided by the Operator.
§ 6
The authorization referred to in § 3 (1) and the subscription charge entitle the Licensor – for the period for which the Licensor paid the subscription charge – to the following:
- YOU can create a unique account on which you will be able to put your short films. Each film file can be 110 MB or 250 MB for bulletfilm premium users.
- YOU can put your show reel on your account and give a link to your show reel to other industry professionals
- YOU can edit your account any time adding new information, new film or change the existing show reel
- USING our community you can keep networking for your next project
- EXPOSURES of your work to industry professionals across the world
- CONTACT with other film makers
- DIRECTORY of artists, producers, writers, DOP etc.
- MESSAGE BOARD on which you can advertise as well as discuss your projects
§ 7
- This Agreement is concluded for unconditional term.
- If any of the Agreement’s terms shall be breached for any reason specified in the Terms and Conditions of Use, the Operator shall remove the film from the content of Bulletfilm service within 14 days and archive its copy.
§ 8
- The Parties unanimously state that the Terms and Conditions of Use published on the website of Bulletfilm service and forwarded for approval by e-mail shall constitute an integral part of this Agreement and lack of their approval by the Licensor shall be tantamount to expiry of this Agreement and immediate removal of the film from Bulletfilm service.
- The data provided by the Licensor in the Registration form shall constitute an integral part of this Agreement. The Licensor shall bear full legal responsibility for ensuring that all registration data provided by the Licensor is and will remain true, accurate, valid and full. Furthermore, the Licensor undertakes to immediately inform the Operator about any and all modification related to registration.
§ 9
- The legal provisions of England and Wales as well as of the international conventions on the protection of intellectual property rights shall be applicable to all matters which are related to the scope hereof and which are not provided for herein.
- The court competent for settling the disputes shall be the court with jurisdiction over the Operator’s registered office.
I declare that I have been informed about the rights I am entitled to and that I agree to conclude this Agreement.
I declare that I have learnt the provisions of this Agreement, the Registration Rules and the Terms and Conditions of Use and I shall observe them.
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