Terms and Conditions of Use
Last Updated: September 28, 2023
This website is owned and operated by Filmio International Ltd. (“Filmio,” “Company,” “we,” “us,” or “our”). These terms and conditions (the “Terms” or this “Agreement”) govern your access to the Company’s software, technologies, tools, services, products, features, functions, transactions, and experiences including, but not limited to, viewing, exploring, creating digital assets, engaging in transactions, and interacting with our web, mobile and other properties and our community of users, posting content, and voting for films and creative projects (the “Offerings”). These Terms constitute a legally binding agreement between you and Company which owns and operates the Internet website at https://film.io/ (the “Site”) and also anticipates launching mobile applications, and other services (collectively the “Services”). The term “You” or “User” shall refer to any individual that views, uses, accesses, browses or submits any content or material to the Services.
By using the Services, Offerings and/or clicking the “I accept” checkbox when you sign up, you agree to all the terms and conditions set forth in this Agreement, including our Privacy Policy, and Cookie Policy, (collectively, our “Policies”), which are incorporated herein by reference. These Terms do not have to be signed in order to be binding.
PLEASE BE AWARE THIS AGREEMENT CONTAINS PROVISIONS GOVERNING DISPUTE RESOLUTION BETWEEN YOU AND THE COMPANY AND INCLUDES PROVISIONS, SUBJECT TO SOME STATED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. THIS AGREEMENT ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ THESE PROVISIONS CAREFULLY.
The information provided through the Services is for informational purposes only. None of the information included on the Services is intended to be, and does not, constitute financial advice or any other advice. All of the information is general in nature and not specific to you. You should not rely on any information or content on the Services to make an investment decision. You should consult with a financial professional to determine what may be best for your individual needs. We do not make any guarantee or other promise as to any results that may be obtained from using the Services. No one should make any investment decision without first consulting his or her own financial advisor and conducting his or her own research and due diligence.
None of the information and/or content available through the Services is intended as an offer or solicitation of an offer to buy or sell, or as a recommendation, endorsement, or sponsorship of any company, financial product, security, or commodity. To the maximum extent permitted by law, we disclaim any and all liability in the event any information, commentary, analysis, opinions, advice and/or recommendations prove to be inaccurate, incomplete or unreliable, or result in any investment or other losses.
The Company is not a wallet provider, exchange, broker, financial institution, creditor, or money service provider. Filmio provides, among other Offerings, peer-to-peer web3 services that help users to directly interact with each other, and mint, sell and transfer Digital Assets (including NFTs and cryptographic tokens and digital artwork, content and/or media that resides on the blockchain). We only provide an interface for users to mint Digital Assets and the smart contracts for the sale and transfer of Digital Assets. The sale and transfer of Digital Assets is a peer-to-peer transaction, and we are not responsible for the content and integrity of the transaction as we do not have custody or control over the Digital Assets, NFTs or blockchains or persons you are interacting with and we do not execute or effectuate purchases, transfers, or sales of Digital Assets. As used throughout this Agreement, “Digital Asset” means any digital asset (including a virtual currency or token, NFT, or virtual commodity) which is a digital representation of value based on (or built on top of) a cryptographic protocol of a computer network whether in existence currently or to be invented. “Seller” means a party such as the Company, its Affiliated Parties, a User, an intermediary, an exchange, or otherwise who engages in the sale of Digital Assets.
FILMIO IS NOT A BROKER-DEALER OR PLACEMENT AGENT. AT NO TIME DOES FILMIO OFFER, BROKER, ADVISE, PURCHASE, SELL OR OTHERWISE TRANSACT IN SECURITIES REGULATED BY THE SEC OR FEDERAL OR STATE LAW. FILMIO IS NOT A PERSONAL FINANCIAL ADVISOR. FILMIO, WHETHER THROUGH THE SERVICES OR OTHERWISE, DOES NOT PROVIDE PERSONAL FINANCIAL ADVICE, LOANS OR CREDIT, BANKING, CONSUMER CREDIT RATINGS, CREDIT DECISIONS, FINANCIAL PRODUCTS, BROKERAGE ACCOUNTS, INSURANCE, TAX ADVICE, LEGAL ADVICE, OR FINANCIAL OR LEGAL SERVICES OF ANY KIND.
The Company, its subsidiaries, parent companies and affiliated entities, and each of their past, present and future directors, officers, employees, agents, Sellers, equity holders, contractors, advisors, members, the DAO, their suppliers, vendors, licensors, predecessors, successors assigns (collectively referred to as the “Affiliated Parties”) disclaim all liabilities to you as contained in these Terms and as consideration for using the Services and Offerings of Company and its Affiliated Parties, you will agree to the provisions contained in these Terms releasing, waiving, defending, indemnifying and holding harmless Company and its Affiliated Parties from any and all damages, claims, actions, proceedings, judgments, settlements, awards, and other liabilities from any and all causes directly or indirectly relating to your use of the Services and Offerings.
To access or use Film.io, and all other affiliated domains and subdomains, you must create an account with us (an “Account”). When you create the Account, you must provide accurate and up-to-date and truthful information. It is important that you maintain and update your details and any other information that you provide to us.
(a) Authority. If you are entering into this Agreement on behalf of your employer, and entity or another person (including entities), you represent and warrant that: (i) you have full legal authority to bind your employer, entity or such person to this Agreement; (ii) you have read completely and understand this Agreement; and (iii) you agree to this Agreement on behalf of the party you represent. Please note that if you sign up for an account using an email address from your employer or another person, then you will be deemed to represent that party, and your acceptance of this Agreement and/or our Services and Offerings, will bind your employer, the entity, or that party to these Terms, and the words “User,” “you,” and “your” “will refer to your employer, entity, person or other party.
(b) Age Eligibility. Eligibility to use the Services and Offerings of Company, require that you are at least 18 years of age.
(c) Jurisdiction. You may only open an account and utilize the Services and Offerings of Company in jurisdictions where such use and access is allowed by law. If it is determined that your country of citizenship or residence prohibits the Services and Offerings of Company, your account will be deemed void from inception and terminated upon our becoming aware of the jurisdictional prohibition or constraints. You may not open in a jurisdiction that has prohibitions and restrictions concerning blockchain and cryptocurrencies including, without limitation, and such jurisdictions as may be later identified such as Afghanistan, Algeria, Bangladesh, Bolivia, Cambodia, Colombia, Egypt, Ghana, Indonesia, Iran, Iraq, Morocco, Nepal, North Macedonia, People’s Republic of China, Russia, Saudi Arabia, Syria, Taiwan, Turkey, and Vietnam (the “Restricted Countries”).
(d) Usernames. You may not use, as a username, the name of another person (for example, the name of well-known personalities or a name to which you have no connection), brand, or entity, a name that is not lawfully available for use, or a trade name that is subject to any rights of another person or entity, or a name that is offensive, vulgar, or obscene. In the event that issues arise over the use of particular usernames, for example where another person claims that your username appropriates their name, we will consider the circumstances and may require you to change your username (and we may then reassign your username). If we have asked you to do this and you refuse, we may suspend or cancel your user Account. Importantly, and without impacting the above, we do not permit ‘domain squatting’ or ‘domain parking’ or similar, and we may reclaim and reallocate usernames that we reasonably believe have been created for these purposes. You can raise any concerns with us relating to usernames by contacting us at https://filmio.atlassian.net/servicedesk/customer/portal/4.
(e) Account Information. By creating your Account, you agree, represent and warrant that you have created your Account only for your own personal use and not on behalf of any third party, unless you have obtained prior written approval from the Company. We may, in our sole discretion, refuse to open any Account. If you desire to open an account and we believe that additional information is required, we may ask for proof of identity, compliance with AML and KYC requirements, and other actions and documents to prove your identity (i.e., passport, government issued identification or driver’s license, and a photograph of yourself from a webcam or mobile phone), and information including your legal name, date of birth, physical address, tax identification number, source of funds, employment information, and income information.
(f) Account Access and Security. You must maintain your digital wallet, seed phrase, password, and other confidential account security information (“Security Information”). You agree not to disclose your Security Information to any third party, and you are responsible for safeguarding the Security Information and digital wallet that you use. You will be fully responsible for activities that relate to your account or your Security Information. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You must not use your account or allow it to be used in a way which may (in our opinion) causes damage to or impairs the reputation of the Company and/or its Affiliated Parties, infringes or violates any third-party rights, or violates any applicable laws or regulations. You agree to be responsible for all actions taken using your account, whether authorized by you or not, until you either close your account, your account is suspended or terminated by us, or notify us that your account has been compromised.
(g) Security Breach. If you suspect that your Account or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you and/or the Company, its Affiliates, and/or Sellers (collectively a “Security Breach ”), you must notify immediately by clicking the following, filling out the appropriate form, submitting the form, https://filmio.atlassian.net/servicedesk/customer/portal/4 and provide accurate and up to date information throughout the duration of the Security Breach. You must take any steps that we reasonably require to reduce, manage, and mitigate any Security Breach. Prompt reporting of a Security Breach does not guarantee that we will reimburse you for any losses suffered or be liable to you for any losses suffered as a result of the Security Breach.
(h) Account removal, suspension and/or termination. The Company may restrict, suspend, or close your account and refuse you further access to any Services and Offerings as the Company may decide in its sole discretion for any reason or no reason, which may include, but is in no manner limited a believed violation of its Policies and the Terms of this Agreement, including but not limited to, copyright infringement, inappropriate content or conduct, illegal activity, violation of cybersecurity and/or privacy measures, or if the company reasonably believes that you’ve breached this Agreement and/or our Policies. Both you and Company agree to notify the other of any legal claims for which you might have to indemnify the Company as soon as possible, but in no event more than seven (7) days after receipt of notice of such claim. If the Company fails to notify you of a legal claim promptly, you won’t have to indemnify the Company for damages that you could have defended against or mitigated with prompt notice. You agree to allow the Company to control investigation, defense, and settlement of legal claims for which you would have to indemnify Filmio, and to cooperate with those efforts. The Company agrees not to agree to any settlement that admits fault for you or imposes obligations on you without your prior agreement.
(i) Account termination. You may choose to stop using the Services or Offerings and terminate your account at any time by going to your account online and going through the cancellation process or by clicking the following link, completing the form and submitting the request through the following link: https://filmio.atlassian.net/servicedesk/customer/portal/4. If you are terminating for reason of attempting to gain a refund or return, you will be required to click the following link, fill out the form and submit the request, and we will determine, in our discretion, whether or not your request for a return or refund is merited.
(j) Communications. By creating an Account, you consent to receive electronic communications from us, including, but not limited to, via email, push notification, text messages, or other types of communications and notifications (“Communications”). These Communications may include notices about our Services, Offerings, transactions, and your Account, and are part of your relationship with us. We may also send you promotional Communications we think will be of interest to you. You understand that you are not required to provide this consent as a condition of using the Service and you may opt out of these Communications through the Services or, if available, through your device’s operating system (with the possible exception of important service announcements and administrative messages) by following the unsubscribe instructions provided.
You agree to use the Services and Offerings in a manner that complies with these Terms and not to (and not attempt to) use the Services or Offerings for any use or purpose other than as expressly permitted by this Agreement. You agree that you will not violate any law, contract, intellectual property, or other third-party right, and that you are solely responsible for your conduct and content, while accessing or using the Services. You also agree that you will not:
(a) Copy, adapt, modify, distribute, license, sell, transfer, publicly display or perform, transmit, stream, broadcast the contents, information and/or Digital Assets from our Services and/or Offerings;
(b) Attempt to discover any source code, reverse engineer, decompile, duplicate, disassemble, decode prepare derivative works from or based upon, and/or otherwise exploit, the Services or any portion of the Services, or limit access to any service, area, or code of the Services;
(c) Disguise the source of materials or other information you submit to the Services or use tools which anonymize your internet protocol address (e.g., anonymous proxy) to access the Services or Site;
(d) Interfere with or circumvent any security feature or any feature that restricts or enforces limitations on use of, or access to, the Services, the Offerings, Digital Assets, or Content
(e) Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures of the Services and/or Offerings, or interfere with or disrupt (or attempt to do so) the access of any user, host or network, including, without limitation, transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots, passive collection mechanisms, or any other malicious or invasive code or program or uploading or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, web bugs, cookies or other similar devices, use any data mining, robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorized by us to access the Service, extract data, or otherwise interfere with or modify the rendering of the Services and/or Offering and their pages or functionality, or overloading, flooding, spamming, mail-bombing, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Services;
(f) Use or attempt to use another user’s Account without authorization from such user, pose as, or impersonate, another person or entity, claim a username for the purpose of reselling it or otherwise engage in name squatting, or reveal any personal information about another individual, including another person’s address, phone number, e-mail address, credit card number, or any information that may be used to locate, contact or impersonate that individual; attempt to impersonate any other party; create user accounts by automated means or under false pretenses or mislead others as to the origins of your communications;
(g) Access the Services from a different blockchain address if we’ve blocked any of your other blockchain addresses from accessing the Services, unless you have our written permission first;
(h) Create or transmit unwanted electronic communications such as “spam,” to other users or members of the Services e, or otherwise interfere with other users’ or members’ enjoyment of the Services, or forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive, or false source-identifying information; or distribute spam, including through sending unwanted Content to other users;
(i) Use the Services in any manner that could damage, disable, overburden, or impair the functioning of the Services;
(j) Bypass or ignore instructions that control access to the Services, including attempting to circumvent any rate limiting systems by using multiple API keys, directing traffic through multiple IP addresses, or otherwise obfuscating the source of traffic you send to our websites, applications and properties;
(k) Sell or resell the Services, Digital Assets or content belonging to the Company, or attempt to circumvent any of our verification, payment, fee and other systems;
(l) Engage in behaviors that have the intention or the effect of artificially causing any Digital Assets, NFTs, or other content to appear at the top of search results, or artificially increasing view counts, favorites, or other metrics used to sort search results;
(m) Use the Services or data collected from our Services for any advertising or direct marketing activity (including without limitation, email marketing, SMS marketing, and telemarketing);
(n) Use the Services for money laundering, terrorist financing, or other illicit finance, or use the Services to facilitate transactions involving countries or individuals sanctioned by the government of the United States, or located in sanctioned countries;
(o) Use the Services to carry out any financial activities subject to registration or licensing, including but not limited to creating, selling, or buying securities, commodities, options, or debt instruments;
(p) Use the Services to create, sell, or buy NFTs, Digital Assets, or other items that give owners rights to participate in an ICO or any securities offering, or that are redeemable for securities, commodities, or other financial instruments, or use the Services to carry out any financial activities subject to registration or licensing, including but not limited to creating, selling, or buying securities, commodities, options, or debt instruments;
(q) Use the Services to engage in price manipulation, fraud, or other deceptive, misleading, or manipulative activity;
(r) Use the Services to buy, sell, or transfer stolen items, fraudulently obtained items, items taken without authorization, and/or any other illegally obtained items;
(s) Infringe or violate the intellectual property, contract, rights or any other rights of others;
(t) Create or display content or other items that promote suicide or self-harm, incites hate or violence against others, or doxes another individual;
(u) Use the Services for any illegal or unauthorized purpose, including creating or displaying illegal content, such as content that may involve child sexual exploitation, or encouraging or promoting any activity that violates this Agreement;
(v) Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or make improper use of the Company’s support services or submit false reports of abuse or misconduct;
(x) Engage in activities, communications and behaviors to other Users or the Company using the Services that (i) contain any offensive comments based on a person’s age, color, race, national origin, gender identity, sexual preference, or disability, (ii) is unlawful, hateful, racist, libelous, defamatory, harassing, intimidating, mocking, disparaging, profane, obscene, indecent, pornographic, sexual or otherwise objectionable, (iii) promotes or incentivizes violence, hate, illegal activities, suicide, self-harm, or abuse, or doxes another individual, (iv) attempts to, or does, trick, defraud, deceive or mislead the Company, its Affiliated Parties or other users, especially in any attempt to learn sensitive information, (v) uses the Services for any illegal or unauthorized purpose, including creating or displaying illegal content, such as content that may involve child sexual exploitation, or (vi) encouraging or promoting any activity that violates this Agreement.
The Company owns all rights, title, and interest in and to its technology, brand name, trademark, slogans, trade secrets and other proprietary property including, but not limited to, its “look and feel” (e.g., text, graphics, images, logos, page headers, button icons, and scripts), it’s logo, all designs, text, graphics, visual content, pictures, data, software, code, UIUX, audio files, other files and the selection and arrangement thereof (collectively, the “IP”). Nothing contained herein shall be construed to transfer any ownership, rights, title or interest in and to our IP. You may not copy, imitate or use, in whole or in part, without our prior written permission in each instance, any of our IP. You may not use any metatags or other “hidden text” utilizing our brand names or any other name, trademark or product or service name of the Company or our Affiliated Parties or licensors without our prior written permission.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the IP, in whole or in part, found on the Services. Your use of the Services does not entitle you to make any unauthorized use of any protected content and will not delete or alter any proprietary rights or attribution notices in the IP. You will use the IP solely for your personal use and will make no other use of the IP without the express written permission of Company. You agree that you do not acquire any ownership rights in any IP. We do not grant you any licenses, express or implied, to the IP or our licensors except as expressly authorized by these Terms.
(a) Your Content. You may generate, upload, or publish content, either in the form of documents, images, videos, or otherwise, while using the Services (“Content“). You acknowledge and agree that your Content may be used, reproduced, displayed, modified, deleted, added to, adapted, and published by us (for example, in advertising and product marketing campaigns). You hereby grant the Company a non-exclusive, perpetual, worldwide, royalty-free, sublicensable and transferable license and rights to publish the Content until such time as your account is terminated. Because websites, Internet, mobile applications and blockchain applications are searchable, may archive Content, or may refuse to remove Content, you agree to release, indemnify and hold us harmless for any Content that is historically recorded and/or published by third party sites and applications after the date of termination of your Account, or removal from our Services and/or Offerings.
The Content must be original material that has been created by you. By uploading content to the Services, you represent and warrant that: (i) you exclusively own all right, title, and interest in and to the Content; (ii) the Content does not infringe upon the Intellectual Property Rights of any third party; and (iii) there are no legal actions, investigations, claims, or proceedings pending or threatened relating to the Content. We have no obligation to monitor the Content. However, We reserve the right to review any Content and to remove any materials in our sole discretion. We reserve the right to terminate your rights to upload, publish or share any Content at any time without notice for any reason.
(b) Trademarks. All other third-party trademarks, registered trademarks, and product names mentioned on the Services or contained in the content linked to or associated with any Digital Assets, including but not limited to NFTs, displayed on the Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable intellectual property rights holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by the Company. All Digital Assets and content are subject to the terms and conditions of the smart contracts or other agreements related to such Digital Assets and content, including those provided by the Company and/or third parties, as may be applicable.
As part of our Services and Offerings, the Company provides web3 tools that enable social interaction, community building, peer-to-peer transactions, and a marketplace for our members to purchase and exchange Digital Assets. The Company does not make any representations or warranties about, or endorse, any third-party content visible through our Services and Offerings, including any content associated with NFTs and creative projects displayed on the Services. The Company also doesn’t make any representations, warranties, endorsement or guarantees about the character or honesty of any person offering Digital Assets, NFTs, tokens, projects, services or products on the Company’s Services. You bear full responsibility for verifying the legitimacy, authenticity, and legality of all Digital Assets, NFTs, products, services, projects, and tokens offered on the Company’s Services, as well as the persons who makes such offers. We also cannot guarantee that any NFTs visible on our Services will always remain visible and/or available to be bought, sold, or transferred.
Digital Assets, NFTs, tokens, services, and products offered on our Services may be subject to terms directly between buyers and sellers that differ from the terms and conditions contained in this Agreement. The Company is not a party to any such third-party terms and conditions and you are entirely responsible for reviewing, communicating, promulgating, agreeing to, and enforcing any third party terms you impose or that are being imposed upon you.
The Services may also contain links or functionality to access or use third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”), or otherwise display, include, or make available content, data, information, services, applications, or materials from third parties (“Third-Party Materials”). When you click on a link to, or access and use, a Third-Party Website or Third-Party Application, though we may not warn you that you have left our Service, you are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications, and Third-Party Materials are not under the control of the Company and may open other applications for which no recourse is possible. The Company and its Affiliated Parties are not responsible or liable for any Third-Party Websites, Third-Party Applications, and Third-Party Materials. The Company provides links to these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or their products or services or associated Third-Party Materials. You assume all risk in using any and all Third-Party Websites, Third-Party Applications, and Third-Party Materials.
Any information that you deem confidential, secret, proprietary or otherwise private that is submitted through the Services, Applications or any medium of exchange, whether known or unknown, existing or later invented, including without limitation, websites, mobile applications, email, text, uploads and/or downloads (“Mediums”) is your responsibility to keep confidential, secret, proprietary and private. Any content, including without limitation, Digital Assets, NFTs, projects, information, photos, videos, writing, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques, name, likeness, image, links to pages, links to websites, links to mobile applications or other materials, social media, profiles, as well as all communications, transmissions, posts and contributions made via any Medium, including, but not limited to, chat rooms, message boards, forums, survey responses, email, links, shares, forwards and/or our web logs that you send, upload, download, post, transmit, communicate, share and/or submit using any Medium (“Publicly Submitted Materials”) will be deemed not to be confidential, private or secret, and may be used by us in any manner consistent with the Privacy Policy governing the use of such information.
By submitting, transmitting, or sending, in any Medium, Publicly Submitted Materials to us, you: (i) represent and warrant that the Publicly Submitted Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in Publicly Submitted Materials have been waived, or that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are 18 years of age or older. We cannot be responsible for maintaining any Publicly Submitted Material that you provide to us, and we may delete or destroy any such Publicly Submitted Material at any time. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, public key, wallet address, or other identifier, as we deem appropriate.
In consideration for us providing you the license herein and your use of our Sites, Services and Offerings, subject to our Privacy Policy, you hereby, without additional compensation, while your Account is active, grant us a non-exclusive license to freely use, copy, disclose, sublicense, assign, distribute, publish, and market any content, materials and/or communications you may choose to submit us without any obligation, royalty or restriction on us based on any claim or right of confidentiality and/or intellectual property rights or otherwise and no content, materials and/or communications you submit or share with us or on any of our Services or Offerings will be considered your confidential Information, and nothing in this Agreement limits our right to independently use, develop, evaluate, disclose, publish, or market products or services, such content, materials and/or communications. Also, in consideration for the license to access and use our Sites, Services and Offerings, you irrevocably assign, convey and transfer to the Company a non-exclusive, royalty-free, perpetual, sublicensable, and assignable license, throughout the universe, in any and all mediums whether in existence or to be devised in the future, to any and all content and Publicly Submitted Materials and other posted materials you may submit or publish on your profile and using our Services and Offerings.
The rights granted to the Company herein by you also provide us all rights to remove, erase, delete any and all Publicly Submitted Materials in our sole discretion without notice, if we deem the Publicly Submitted Materials to be dangerous or inconsistent with the content we deem appropriate on the Services. There is also no obligation by us to display or publish any Publicly Submitted Materials. You agree not to submit Publicly Submitted Materials, content or information which (i) restricts or inhibits any other user from using and enjoying the Services and Offerings, (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You acknowledge that the Company has the right, but not the obligation to, use and display any postings or contributions of Publicly Submitted Materials and other posted materials of any kind and that the Company may elect to cease the use and display of any such materials (or any portion thereof), at any time in its sole discretion.
The Company will take down works in response to Digital Millennium Copyright Act (“DMCA”) takedown notices and/or other intellectual property infringement claims and will terminate a user’s access to the Services if the user is determined to be a repeat infringer. If you believe that your content has been copied in a way that constitutes copyright or trademark infringement, or violates your publicity or other intellectual property rights, please fill out our form here or you may submit written notice to our designated copyright agent at Filmio by clicking the following link, filling out the appropriate form and submitting the form to https://filmio.atlassian.net/servicedesk/customer/portal/4. For us to process your infringement claim regarding content on the Service, you must be the copyright holder or someone authorized to act on behalf of the copyright holder. We encourage you to use our form to help ensure the requisite information is included in your notice. If you choose to write to us by email, your notice must include:
(a) Identification of the copyrighted work(s), trademark, publicity rights, or other intellectual property rights that you claim is being infringed;
(b) Identification of the allegedly infringing material that is requested to be removed, including a description of the specific location (i.e., urls) on the Service of the material claimed to be infringing, so that we may locate the material;
(c) Your contact information including, at a minimum, your full legal name (not pseudonym) and email address;
(d) A declaration that contains all of the following:
(e) Your physical or electronic signature (of your full legal name).
Please note that we will forward your notice of intellectual property infringement, including your contact information, to the party who will have their content removed so they understand why it is no longer available on our Services and can also contact you to resolve any dispute.
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT THE COMPANY, ITS AFFILIATED PARTIES, AND SELLERS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) THE SERVICES AND OFFERINGS OR ANY PORTION THEREOF, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO $500.
YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE SITE AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON YOUR REPRESENTATIONS AND WARRANTIES, YOUR ASSUMPTION OF ALL RISKS, AND YOUR AGREEMENT TO PERFORM AND BE BOUND BY THE THESE TERMS, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY AND OTHER DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN. WE WOULD NOT BE ABLE TO PROVIDE THE SERVICES AND OFFERINGS TO YOU WITHOUT YOUR AGREEMENT TO PERFORM AND BE BOUND TO ALL TERMS AND CONDITIONS IN THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN THE EVENT OF A JURISDICTIONAL PROHIBITION ON LIMITATION OF LIABILITY, THE MAXIMUM AMOUNT YOU MY RECOVER IS $500.00 USD OR ITS EQUIVALENT IN THE LOCAL CURRENCY OF THE APPLICABLE JURISDICTION.
By agreeing to the these Terms, accessing the Services and Offerings, and/or engaging in an offer, purchase, usage, holding, sale and transfer of any Tokens and Digital Assets, you agree, to the fullest extent permitted by applicable law, to defend, indemnify, and hold harmless the Company, its Affiliated Parties, and any Sellers, including their respective past, present and future employees, officers, directors, contractors, consultants, advisors, equity holders, suppliers, vendors, service providers, related companies, affiliates, agents, representatives, predecessors, successors and assigns (“Indemnified Parties”) from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses), costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance), and other liabilities of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to the following: (a) your use or misuse of the Services and Offerings offered by the Indemnified Parties; (b) the use of any content, information, media and/or communications provided by you; (c) your negligence or willful misconduct; (d) your purchase, holding, usage, transfer, delivery, and/or sale any Tokens and Digital Assets, including the Tokens or NFTs; (e) a breach of this Agreement including any of your responsibilities, obligations, representations and warranties under this Agreement; and (d) your violation of any rights of any other person or entity.
To the fullest extent permitted by applicable law, you release the Company and the other Indemnified Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under any statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY FILMIO, THE SERVICES, THE OFFERINGS, AND THE INFORMATION CONTAINED ON THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FILMIO DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES AND INFORMATION CONTAINED THEREIN. FILMIO MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY THIRD-PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF ANY ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICES, OR ANY SUCH ELECTRONIC WALLET.
No advice or information, whether oral or written, obtained from us, our Affiliated Parties, or its service providers or through the Services or content, will create any warranty not expressly made herein. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith, by Us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
These Terms will be governed by and construed and enforced in accordance with the laws of the British Virgin Islands, without regard to conflict of law rules or principles (whether of U.S.A or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.
Please read the following agreement to arbitrate (“Arbitration Agreement”) in its entirety. This clause requires you to arbitrate disputes with the Company, its Affiliates, and/or Sellers and limits the manner in which you can seek relief from said parties.
(a) You agree that any dispute or claim relating in any way to your access, use, or attempted access or use of the Services and Offerings or engaging in any transactions using or Services and Offerings, including but not limited to, the offer, purchase, holding, usage, transfer and sale of any Digital Assets will be resolved by binding arbitration, except that the Company, its Affiliates, Sellers and/or you may seek equitable relief in court for infringement or other misuse of intellectual property rights (described above). You agree that any such arbitration shall be settled solely and exclusively by binding arbitration held in the British Virgin Islands, administered by a mutually agreed upon arbitrator and conducted in English, rather than in court.
(b) The arbitrator shall have exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement; and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including but not limited to any claim that all or part of this Arbitration Agreement is void or voidable; (iii) decide the rights and liabilities, if any, of you, the Company, its Affiliates, Sellers, and any other parties who have rights or obligations under this Agreement; (iv4) determine evidentiary and other procedures, (v) grant motions dispositive of all or part of any claim; and (vi) award monetary damages and grant any non-monetary remedy or relief available to a party under applicable law, arbitration rules, and this Agreement (including the Arbitration Agreement). The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. Such an award is final and binding upon you and Filmio.
(c) YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU AND THE COMPANY, ITS AFFILIATES, AND/OR SELLERS ARE EACH WAIVING THEIR RIGHT TO TRIAL BY JURY AND APPEAL AND ARE FURTHER WAIVING THEIR RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT ONLY ON AN INDIVIDUAL BASIS AND HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BROUGHT, HEARD, ADMINISTERED, ARBITRATED, OR OTHERWISE RESOLVED ON A CLASS, COLLECTIVE, REPRESENTATIVE, AND/OR MASS ACTION. ONLY INDIVIDUAL RELIEF IS AVAILABLE AND DISPUTES OF MORE THAN ONE CLAIMANT CANNOT BE CONSOLIDATED OR ARBITRATED WITH THOSE OF OTHER CLAIMANTS, UNLESS AGREED TO IN WRITING BY THE COMPANY, ITS AFFILIATES, SELLERS AND/OR OTHER PARTIES SEEKING TO CONSOLIDATE ACTIONS.
(d) If any part of this Arbitration Agreement is found to be invalid or unenforceable, then such part shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue to in full force and effect.
(e) This Arbitration Agreement shall survive the termination of your relationship with the Company, its Affiliates, and/or Sellers.
(f) A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). If you initiate the arbitration, you must provide the Company, its Affiliates, and/or Sellers, as may be applicable, by clicking on the following link, filling out the appropriate form, and submitting that form, Request Form Here. The Request must include: (i) the name, telephone number, mailing address, email address of the party seeking arbitration, and the email addresses associated with the applicable users Account(s); (ii) a statement of the legal claims being asserted and the factual bases of those claims; (iii) a description of the remedy sought, including an accurate, good faith calculation of the amount in controversy in United States Dollars; (iv) a statement certifying completion of the arbitration process set forth in this section; and (v) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.
(g) If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (i) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.
(h) You and the Company, its Affiliates, and/or Sellers agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.
(i) The arbitrator will be either a retired judge or an attorney licensed to practice law in the jurisdiction and venue where the arbitration is held and will be selected by the parties using the arbitration provider’s roster of available commercial arbitrators. If the parties are unable to agree upon an arbitrator within thirty (30) business days of delivery of the Request, then the arbitration provider will appoint the arbitrator in accordance with its rules.
(j) The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose. If you or the Company, its Affiliates, and/or Sellers need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.
You may not assign, modify, or novate any rights, obligations, and/or licenses granted under this Agreement. Any attempted transfer or assignment by you in violation hereof shall be null and void. The Company, its Affiliates, and/or Sellers may assign or novate its rights and obligations under these Terms without your consent, and you agree to, at your own expense, take whatever action or execute any document which the Seller may require for the purpose of effecting any such assignment or novation by the Seller. The Company, its Affiliated Parties and Sellers reserve the right to assign our rights without restriction, including without limitation to any assign, acquiror, or to any successor in interest of any business associated with us. In the event that either, any or all of the Company, its Affiliated Parties and Sellers is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
No failure to exercise, nor any delay in exercising, on our part, any right or remedy under this Agreement shall operate as a waiver of any such right or remedy. No single or partial exercise of any right or remedy prevents any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.
The Company, its Affiliates, and/or Sellers each are acting as an independent contractor for all purposes. Nothing in this Agreement is intended to or shall operate to create a partnership, joint venture, agency, employment relationship, consulting relationship, or any other relationship providing you any rights or claims against, including any rights to contract, bind, settle, receive distributions, equity and/or payments from The Company, its Affiliates, and/or Sellers.
Except as otherwise provided in herein, the these Terms are intended solely for the benefit of you and us and are not intended to confer third-party beneficiary rights upon any other person or entity. Save for any Affiliated Parties who shall be entitled to enforce or enjoy the benefit of the terms of this Agreement, no person who is not a party to this Agreement shall have any rights to enforce or to enjoy the benefits of any terms of this Agreement.
You acknowledge that, solely for convenience, these Terms may be translated into a language other than English, and that a copy of the English language version of these Terms has been provided to you (which you have read and understand). In the event of conflict or ambiguity between the English language version and translated versions of these Terms, the English language version shall prevail.
If, at any time, any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect under any law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions nor the legality, validity or enforceability of such provision under the law of any other jurisdiction will in any way be affected or impaired.
The Company reserves the right to terminate this Agreement with you, in its sole discretion, for no reason, or any reason, including but not limited to, in the event of a breach by you of this Agreement. Upon termination of this Agreement: (a) all of your rights under this Agreement immediately terminate; (b) you will not entitled to any refund of any amount paid whatsoever, save in the case where this Agreement is terminated by us without any breach by you of this Agreement; and (c) the provisions relating to intellectual property ownership; confidentiality; licensure and use of your content, materials, communications and information; infringement claims; our disclaimer; your release, defense, hold harmless, indemnification provision; assumption of risks provisions; arbitration; your representations and warranties; governing law; severability; compliance with law; and our ability to suspend or terminate your Account and access to our Sites, Services and Offerings will survive expiration or termination of this Agreement.
Any notice under this Agreement must be given in writing. We may provide notice to you through your notification email address. You agree that any electronic communication from us to you will satisfy any applicable legal communication requirements, including that such communications be in writing. We also agree to accept email for customer support, infringement, and security issues. Any notice to you will be deemed given upon the first business day after we send it. Any legal or other formal notices from you will require that you provide written notice to the Company by submitting such notice to the company by going to this link and submitting your notice.
We shall be excused from performance under these Terms, to the extent We are prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of Filmio.
Commentary and other materials posted on the Site, the Services, or the Offerings is not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor of the Services, or by anyone who may be informed of any of its contents.
The Company reserves the right to add, update, modify, edit and/or delete this Agreement and any of our Policies (“Revisions”) which Revisions may done in our discretion and for such reasons that we determine, including but are not limited to, complying with changes to the law, providing clarifications or supplements to this Agreement, or reflecting enhancements to our Offerings. Revisions will be posted and be made without notice to you. The Revisions will not apply retroactively but will take effect upon posting. Continued use of the Services and Offerings shall be deemed acceptance of the Revisions. It is your obligation to regularly review this Agreement and any Revisions thereto, and if you do not agree with any Revisions, your sole and exclusive remedy is to terminate your use of the Services and close your account.
These Terms, including the documents and material incorporated by reference, constitute the entire agreement between you and the Company and supersedes all prior or contemporaneous agreements and understandings, both written and oral, between you and the Company. We may make changes to these Terms from time to time as reasonably required to comply with applicable law or regulation..
Our closed beta phase one is full!
We’ve hit our first milestone for new signups and are no longer accepting new users at this time.
If you weren’t able to get access during this first wave, not to worry—we will be opening more spots in the coming weeks! Please sign up here for your chance at making it into the next wave of invites.
For real-time updates and the chance to win killer prizes, follow us on: