Registered User Agreement

GENERAL TERMS AND CONDITIONS

Version 2.20100119

ANY PERSON OR ENTITY ("User"), REGISTERED TO USE OR ACCESS THE SITE AT www.mofilm.com ("Site") OR ANY OF THE INFORMATION CONTAINED IN THE SITE, AGREES TO AND IS BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS REGISTERED USER AGREEMENT ("Agreement").

1. Contracting parties.
   When you register with the Site, you are contracting with MOFILM Ltd, a company registered in England and Wales with company number 6395308 and having its registered office at 20 Market Street, Altrincham, Cheshire WA14 1PF. MOFILM Ltd is referred to in these terms and conditions as "we", "us", "our" or "MOFILM". Entry into the Contest by you evidences your acceptance of this Agreement. All entrants must be over the age of 16 at the date of entry. (All entries of the age 16 to 18 must have permission of an adult who will receive any prizes on their behalf).
2. Passwords.
   You agree to keep your password secure and confidential and not allow anyone else to use your email address or password to access the Site; not to do anything which would assist anyone who is not a registered User to gain access to any secured area of the Site; and, not to create additional registration accounts for the purpose of abusing the functionality of the Site, or other users, or to seek to pass yourself off as another User. If you think someone else has obtained your account details, let us know and we will close your account as quickly as possible.
3. Site Content.
   This Site is intended only for the purposes specified on the Site, and use of the Site and/or all content contained within the Site ("Content") is entirely at your own risk. Please note that, whilst we endeavour to provide accurate and up-to-date information, the Content may not be wholly accurate or up-to-date and is subject to change, often at very short notice. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law and is not intended as specific commercial, financial, business or legal advice. Please note that MOFILM does not represent or warrant that the Site or the Content will be accurate, up-to-date, complete or free of defects, including without limitation viruses or other harmful elements. Certain Content may become temporarily unavailable due to outages or other problems.
4. Ownership of Content.
   Whilst Users will continue to own any material they upload to the Site, MOFILM, unless otherwise stated, owns or controls all relevant intellectual property rights in the Site and the Content. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Site or Content in any form (including storing it in any medium) other than as expressly allowed herein or as permitted on the Site or under UK or local law. The Site and the Content are for your personal, non-commercial use only, and are not for re-distribution, transfer, assignment or sublicense.
5. Your Information.
   If you provide any information to the Site, you agree to provide only true, accurate and complete information to us and/or the Site. Any personal information provided by Users will be treated with appropriate care and security in accordance with our Privacy Policy. You further agree that if you submit any content or material to us, you agree to grant to us the right to use your name, likeness and/or biographical materials in all media for the purposes contemplated herein.
6. Objectionable Material.
   If you encounter or become aware of any objectionable content posted anywhere on the Site, please report such material (and the specific page on which it is found) to Report Abuse.
7. Film Submissions.
   If you upload any material to the Site (including, without limitation, films) you hereby grant to us a worldwide, non-exclusive licence to use that material in any media and, specifically, to make that material available via the Site and via mobile phone networks. You warrant that all such materials are original and do not infringe the rights of any third party and that you have the right to grant such licence and you agree to waive your moral rights for the purposes of this licence. You also warrant that the material is not obscene, offensive or defamatory to any person or otherwise illegal. We reserve the right to cut, edit, crop or arrange your material as necessary for purposes related to the Site, and we may remove the material at any time. Unless you have requested otherwise, your name may be published alongside your material. If you do not want to grant these rights, please do not submit material to the Site.
8. Clearance of Rights.
   If you upload any film, recorded music, text, photographs, graphics or other materials to the Site, you hereby warrant and represent that you personally created, wrote and produced such content and all materials contained within such content, or that you have written permission from or are authorised by the owner(s) of those materials for such use. If you submit any material containing a "cover" (i.e. a new version of someone else's song) or any material comprising any pre-existing recorded content (i.e. "clips" from other films or programmes, "samples" from other records, photographs, graphics, etc), you must tell us and provide details at the time of posting.
9. Code of Conduct for User Content.
   You agree that you are responsible for everything that you post or transmit to the Site and you agree (in relation to the Site):
   (i) not to post content or participate in any form of online activity which is unlawful, harassing, libellous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, racially offensive or which otherwise includes objectionable material;
   (ii) not to post content which you do not have the right to use and not to transmit any material containing software viruses or files designed to damage or disrupt the good working order of any computer or telecommunications equipment; and,
   (iii) not to impersonate any other person or entity.
   We will be entitled at our discretion to remove anything which is posted or transmitted to, from or via the Site which, in our opinion, is objectionable or does not comply with these terms and conditions in any way and we express disclaim any liability for such removal. Please note that the information posted to the Site by Users represents the views or findings of the relevant User and is not necessarily the views of MOFILM.
10. Competitions.
    Participation in any MOFILM operated competition or contest is free and no purchase is necessary. All entries must be verified and accepted by MOFILM's designated adjudicator(s) and such adjudicator's decisions (including without limitation selection of winners and allocation of prizes) will be final in each case and no correspondence will be entered into. MOFILM reserves the right to change, suspend or cancel the Contest without specifying reasons and without incurring liability as a result, and to change these terms and conditions and/or the prize by notice on the Site (effective from the date and time of posting).
11. Prizes.
    All prizes are non-transferable, non-negotiable and non-refundable and have a cash value of no more than their face value, if any. There are no cash alternatives and MOFILM reserves the right to substitute any prize at any time.
12. Notification of Winners.
    Winners and finalists will be selected by MOFILM and its adjudicators from all valid and accepted entries on or after the closing date of the Contest and shall be notified by email and/or other means. Where further information is requested, the winners and/or finalists shall have five (5) days to respond in full to the request or an alternative winner/ finalist shall be chosen or shortlisted. Details of the names of winners and finalists shall appear on the MOFILM Site. Failure to claim any prize within five (5) days, or in the manner specified, may result in disqualification or selection of an alternate winner/finalist. MOFILM shall not be liable if a prize cannot be accepted or otherwise taken for any reason. Winners and finalists must agree to participate in reasonable post-competition publicity surrounding MOFILM, the Site and the event at the London Film Festival, including the association of their name, approved biography, likeness and content with MOFILM, the Site and the event, and the making available of the winning entry or entries via the Site (and related sites) for promotional and marketing purposes. When completing your entry electronically you will have to verify this in writing before the prizes or awards will be issued by MOFILM and the brand. This form will be sent to you once you have submitted your film.
13. Trade Marks.
    The brands, products and service names used or appearing within the Site (including, without limitation, "MOFILM") are the trade marks or trade names of MOFILM or its trading partners unless otherwise stated. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trade marks, trade names or taglines without the prior written permission of MOFILM.
14. Hacking.
    You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with the Site in any manner. If you in any way Interfere with the Site, you agree to pay all damages incurred by MOFILM. MOFILM will cooperate with the authorities in prosecuting any User who Interferes with the Site or otherwise attempts to defraud MOFILM or any other parties through User's use of the Site or services provided via the Site. MOFILM reserves the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. User agrees that we may block User's IP address or addresses at any time, and at our sole discretion to disallow User's continued use of the Site. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.
15. Liability.
    User agrees that the liability of MOFILM to User under this Agreement shall be limited to the greater of: (1) the amount User has actually paid to MOFILM for its products or services; and (2) one thousand pounds (£1000). Except as set out herein, MOFILM shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of this Site or in relation to the goods and/or services that we provide. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of MOFILM.
16. Disclaimer.
    All services and contents of the Site are provided without any representations or warranties of any kind, either implied or express, to the fullest extent permitted by applicable laws. In addition, we do not represent or warrant that the Site or its contents will be free of defects, including without limitation viruses or other harmful elements.
17. Indemnity.
    User agrees to indemnify MOFILM for any loss or damage that may be incurred by MOFILM, including without limitation legal fees, arising from any breach by User of any warranty herein or User's misuse of any material or information obtained through the Site.
18. No Partnership.
    Your use of the Site and/or its content creates no partnership, client, fiduciary or other professional relationship.
19. Entire Agreement.
    This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement.
20. Severance.
    If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.
21. Variation.
    This Agreement may be varied from time to time by our posting new terms on the Site, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site. User's continued use of the Site or services constitutes agreement with and acceptance of any such amendment or other changes.
22. Law and Jurisdiction.
    This Agreement shall be governed by and will be construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the English Courts.