1. Generalities of the Terms of Service

Welcome to The Monthly Film Festival! (a.k.a. “we” or “us” or the “TMFF“). We are excited to have you as user and member of the community. The following terms and conditions (collectively, these “Terms of Service“) apply to the use of our 6. film competition (following denoted as “The Service”) visible through our Service https://tmff.net. The Terms of Service also include our Privacy Policy, that you can review our Service.

We want to keep our relationship with you as lean and informal as possible, but please read the Terms of Service carefully before you start using TMFF, because by using the Service you accept and agree to be bound and abide by these Terms of Service.

Should you disagree with some of the provisions herein, you can either leave the Service (although we’ll be sad to see you go!), or contact us at https://tmff.net/contact/. In any case, we’ll be happy to hear your comments and suggestions.

2. Changes and Modifications

TMFF is a work in progress, meaning that a lot will change in the near future. We reserve the right to update the Service and these Terms of Service from time to time, at our discretion. Your continued use of the Service following the publishing of updated Terms of Service means that you accept and agree to the changes.

3. Service & Security

We are working hard on improving TMFF, but we can’t guarantee that the Service will be up and running 24/7. We also reserve the right to suspend or restrict access to some features to users. In any case, we will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period, nor for any data loss (see also section 7 below).

To access certain features of the Service (as your film entry form compiling) you have to register by entering your email and film details through our platform or secondary platforms (FilmFreeway, FestHome, etc).

It is a condition of your use of the Service that all the information you provide on the Service is correct, current and complete. In the future, you may be asked to provide certain registration details or other information.

We manage your personal data according to our Privacy Policy.

4. Intellectual Property Rights and Use Guidelines

The Service and its original content, features and functionality (including look!), are owned by TMFF and the logo, along with the name is protected by and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. TMFF is about copying, branching and modifying documents, not Service, design or code. So, you agree to not copy, modify, create derivative works of, publicly display, publicly perform, republish, any of our copyrighted material, except to the extent permitted by the Service itself. If you have doubts about whether and how to use of material on the Service, please address your concerns to our email address.

For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Service. For the purposes of these Terms of Service, “Content” also includes all User Content (as defined below).

All Content added, created, uploaded, submitted, distributed, or posted to the Service by users (collectively “User Content”) (films related included), through our website or seconday platforms, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Service is or will continue to be accurate.

By submitting public User Content through the Service, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sub licensable and transferable license to use, edit, modify, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Service and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party Services and feeds). You also hereby do and shall grant each user of the Service a non-exclusive, perpetual license to access your User Content through the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

The Service may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.

5. Acceptance of Use

Subscribing or purchasing or registering at the Service you confirm to have carefully read and understood our Terms of Service, in particular you accept following guidelines of acceptance, Customer will NOT USE the Service to:

  • apply defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable actions.
  • promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.
  • violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service.
  • promote any illegal activity, or advocate, promote or assist any unlawful act.

6. Competition Rules and Agreement

By submitting your project, the User of our Service shows to have accepted following regulations about the film competition:

– Submitters cannot submit more than two entries per month and can only submit the same entry every month if their film didn’t win any awards. Only one filmmaker can win prize money each month and cannot submit the same winning film for the next 12 months.

– Short films as well as feature films of any genre and format up to 35 minutes (short films) and 140 minutes (feature films) are accepted.

Submitters have to give us their consent to publish the FULL FILM data on our website if officially selected. If not given consent and still selected, only a trailer and only if full film is available online will be published/embeded on our platform.

Any entry must have been made in or after 2014 and have English subtitles (except for music videos and unless English is the main language spoken). Any genre and format is accepted (from 1 minute films to long, narrative/artistic films).

– Any entry submitted in and after the 25th day of each month will automatically be considered for the following month’s edition (excepting the films submitted in categories that have below 3 films at the moment of entrance. 3 films per category must be submitted in order for that specific category to receive awards.)

7. Disclaimer of Warranties, Limitations of Liability and Indemnification.

Your use of TMFF is at your sole risk. The service is provided “as is” and “as available”. We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.

We are not liable for damages, direct or consequential, resulting from your use of the Service, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to attorney’s fees) arising from your violation of any third-party’s rights. You acknowledge that you have only a limited, non-exclusive, non-transferable license to use the Service. Because the Service is not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party’s property or information.

8. Feedback

We welcome any comment, question and communication at https://tmff.net/contact/.

PRIVACY POLICY

This privacy policy (hereafter referred to as the “Privacy Policy”) is applicable to our Service (see “Terms and Conditions” to have a definition of Service) and to all activities and offered by us on or through our Website. (Our Website, all the web pages that are part of the Service, and such activities are hereafter collectively referred to as the “Website.”) TMFF (hereafter referred to as “TMFF”) is the responsible party as referred to in the DPA (“Data Protection Act 1988 of UK”). TMFF may use affiliates’ or reputable third parties’ services for the processing of personal data collected on or through the Service. By using or accessing our Service, you are accepting the practices described in this Privacy Policy.

For “Customer” or “Client” we intend a person or company purchaser of one or more products/services provided by us.

  1. About Our Service

1.1    Our Service offer a range of services created by TMFF, as well as products/services independently developed by our partners.

By submitting your project and/or accessing our website, you confirm to have read and understood following guidelines.

  1. The Information We Collect

The information that our Service collect includes (among others) the following:

  1. A)   IP address, Cookies, and Web Beacons

2.1    When you visit our Service, our servers automatically save your computer’s IP address. IP addresses will be collected, along with information about the actual web pages that you visit on the Service. If you arrive at the Service via a link from another website, the URL of the linking website and the URL of any website that you link to next will also be collected. We primary catch this information to prevent any use of TOR software or the usage of any VPN or similar bypass service.

2.2    In addition, we store certain information from your browser, using “cookies.” A cookie is a piece of data stored on the user’s computer and is tied to information about the user. TMFF may use cookies, web beacons (web bugs), or similar technologies to enhance and personalize your experience on the Service, including the following:

(a) to operate and improve offerings on the Service;

(b) to help authenticate you when you are on the Service;

(c) to remember your preferences and registration information, as applicable;

(d) to present and help measure and research the effectiveness of TMFF’ offerings, advertisements, and email communications; and

(e) to customize the content and advertisements provided to you through the Service.

2.3    TMFF may also use ad network providers to help present advertisements on the Service. These ad network providers use cookies, web beacons, or similar technologies to help the presenting, better targeting, and measuring of the effectiveness of their advertisements, using data gathered over time and across their networks of web pages to determine or predict the characteristics and preferences of their audiences. TMFF offers some services in connection with other Service. Personal information that you provide to those sites may be sent to TMFF in order to deliver these services. TMFF processes such information in accordance with this Privacy Policy.

2.4    TMFF may also use third-party payment service providers (“PSP”), offering payment transaction services to TMFF in order to sell a product or service through the Service. Whenever you buy something from the Service, the information that you provide to the PSP is subject to their privacy policies, not ours. You explicitly consent that TMFF may provide personal information collected from you to a PSP for the purpose of the offering of the payment-transaction service whenever you buy something from the Website(s) and that such PSP may use such data for (statistical) analysis of payment transactions. TMFF shall be allowed to notify a PSP regarding a user that engages in (or who a party believes has engaged in) any activity that is illegal, that violates any person’s rights, or that led to such user’s suspension or termination of use of the Service.

2.5    TMFF may share demographic information (certain anonymous information about you as a user, such as age and country) with certain ad network providers to help them deliver more relevant advertisements through their ad networks. The use of cookies, web beacons, or similar technologies by such third parties as ad network providers is subject to their own privacy policies, not this Privacy Policy.

2.6    Most browsers are initially set to accept cookies, but you can (re)set your browser to refuse all cookies, or to indicate when a cookie is sent. You can opt out of receiving cookies from certain third-party advertising networks by resetting your browser. You may also use the following link to the Network Advertising Initiatives cookie opt-out page. However, keep in mind that some features and services may not function properly if cookies are disabled.

  1. B)   Personal Data, Including Your E-mail Address

2.7    You may choose to register with us for a customer experience and/or to create a public or semi-public profile. This includes, for example: overviews of your project name, public picture on the Service. When you submit to us, you provide us with certain personal information, such as full name, date and month of birth, and your email address. The information you disclose in that respect may also become publicly accessible. We provide you with privacy settings that restrict other users from accessing your information; namely, our network architecture and your privacy settings allow you to make informed choices about who has access to your information. We allow you to choose the information you provide to the networks through our Service. When your privacy settings permit it, other users may be able to see and supplement your profile (e.g., by posting comments).

2.8    If you decide to disclose information in a public venue, we will consider that information as part of the public domain. This information will be accessible to any person who uses the Service.

2.9    We only collect email addresses that were provided to us directly by you. Your email address will only be used for the following purposes:

(i) the promotion of (new) products/services;

(ii) service emails (on updates, new design, new features, etc.);

(iii) administrative purposes, such as notification of violation of our Terms of Use;

(iv) delivering messages you have allowed us to pass on (e.g., from other people in your social network).

2.10 Without your approval, we will not:

(a) make your email address visible on the Website;

(b) use your email address for purposes other than those described in article 2.9 hereof;

  1. C)    Combination of Personal Data

2.11 For optimizing our services and the Service, and for the purposes mentioned in this article 2, we are entitled to combine your personal data (including your email address, as applicable) with other information about you collected by or provided to us.

  1. To Whom Does TMFF Provide This Information?

3.1    TMFF may provide information to any party whose services it engages for the purposes of its normal operations (for example, those partners who assist us by providing technical or operational facilities for the Service and so forth). We may also supply information to other parties if we are required to do so by law or by a ruling handed down by a court of law.

  1. Why Do We Collect Information?

4.1    We use personal details and other information to maintain the general and personified content and functionality of the Service. In addition, we use personal details to make it possible to accommodate your requests, and so that we are able to provide you with service when using (one of) our Service and for the purposes set out elsewhere in this Privacy Policy.

  1. Access to the Information We Have Collected about You

5.1    Your personal data will be stored and encrypted by TMFF.

5.2    In general, if you wish to have access to your personal data to correct or delete the information that we have collected about you, please send a written request to TMFF, detailing your request and the data you have provided to us along with a copy of your passport (to prevent misuse of requests for information) sending a feedback to https://tmff.net/contact/.

  1. Security

6.1    You post personal data and any other content on the Service or on secondary platforms at your own risk and in accordance with article 7 (“Your Responsibilities”) of the Terms of Use. Although we allow you to set privacy options that limit access to such personal data and other content, please be aware that no security measures are perfect or impenetrable. We cannot control the actions of other users with whom you choose to share your profile and information.

Therefore, we cannot and do not guarantee that any content you post on the Service will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained on the Service. You understand and acknowledge that, even after removal, copies of personal data or content may remain viewable in cached and archived pages, or if other users have copied or stored your personal data or content.

6.2    We have implemented appropriate measures to safeguard and help prevent unauthorized access, to maintain data security, and to correctly use the information we collect online. Your personal data visible on the Service (such as any public comments posted by you and/or any data in your profile) are accessible to third parties, and you acknowledge and agree that such third parties are able to copy such information to their own Service or other locations.

6.3    Your personal data will only be stored for a period necessary for your uses of the Service for the purposes as described in this Privacy Policy.

  1. Miscellaneous

7.1    We reserve the right to amend our Privacy Policy. Amendments will be effective as of the moment of publication on the Service. You should check the Service regularly for amendments.

7.2    The Internet is a global environment, and using the Internet necessarily involves the collection and processing of personal data on an international basis. Therefore, by using (one or more of) our Service, you acknowledge and agree to our processing of personal data in this way.

7.3    Our Service may contain links to other Service. We are not responsible for the privacy practices of other Service. We encourage users to be aware when they leave our site to read the privacy statements of each and every website that collects personally identifiable information. This Privacy Policy applies solely to information collected by us.

7.4    In the event of a transfer of (one of our) Service to a third party, we may transfer to such third party all personal information that we collected about you in accordance with this Privacy Policy. In such an event, users who have provided email addresses to us will be notified when information about those users is transferred and becomes subject to a different privacy policy.

7.5    We also have Terms of Use that are applicable to your use of the Service. In the case of a contradiction between the Terms of Use and this Privacy Policy, this Privacy Policy prevails.

7.6    This Privacy Policy shall be governed by the laws of the UK and submitted to the exclusive jurisdiction of its courts.

For any feedback, don’t hesitate to contact us through https://tmff.net/contact/.

Last updated: 25th of May, 2017

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