Terms and Conditions
1. TERMS AND CONDITIONS
1.1 Acceptance of Terms and Conditions Welcome to www.Filmlounge.com (this “Website”). This Website is owned and operated by Filmlounge London Ltd, trading as Filmlounge. References to “we”, “us” or “our” are references to Filmlounge. We are a company registered in England and Wales (company number 6610472), and our address for correspondence is: Filmlounge (London) Ltd, 9 Wimpole Street, 116 Gloucester Place, London, W1G 9SG, United Kingdom (email: support@Filmlounge.com). See clause 11 (Filmlounge’s Contact Details) below for the address of our registered office.
These terms and conditions (“Terms and Conditions”) are deemed to incorporate our Privacy Policy, which you should read together with these Terms and Conditions.
Your use of this Website and your use and/or purchase of Filmlounge’s products and services are at all times subject to these Terms and Conditions as applicable to your use of the website (which forms a legally binding contract between you and us) and all applicable laws. By accessing this Website or using and/or purchasing Filmlounge’s products or services, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you must exit our website immediately.
1.2 Changes to Terms and Conditions
We reserve the right, from time to time, with or without notice to you, to change these Terms and Conditions at our sole discretion. The Terms and Conditions applicable to your access to and use of this Website and your use and/or purchase of our products or services will be the version that is current and displayed on this Website as at each date you access this Website or use and/or purchase our products or services (as applicable). Your use of this Website or your use and/or purchase of Filmlounge’s products or services after changes are made means that you agree to be bound by such changes.
2. JOINING US – MINIMUM CRITERIA
2.1 To become a Registered User of Filmlounge to receive or purchase any of our products or services, as a minimum:
i you must be at least 18 years of age. Persons under the age of 18 are not permitted to join Filmlounge;
ii you must live in the United Kingdom (including Northern Ireland); and
iii you agree to must provide us with personal details (including your name, email address and postal address), that are true and current, and you agree to must update us (through the “My account” section of this Website) if at any time your personal details change by updating the relevant sections of the website.
3. BECOMING A REGISTERED USER OF FILMLOUNGE
3.1 Provided that you meet the Minimum Criteria (see clause 2 Joining Us – Minimum Criteria), you may register as a Filmlounge registered user of this Website free of charge. To become a registered user you need to go to the relevant section of this Website, submit your email address to Filmlounge along with your unique password to be used in conjunction with that email address. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.
3.2 Filmlounge’s products and services include:
i the Stream-to-Watch-Service (the additional terms and conditions for this service are set out in clause 5); and
ii the Download-To-Own Service (the additional terms and conditions for this service are set out in clause 6).
3.3 We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of our products and services.
4. TERMINATION
4.1 We reserve the right to terminate or restrict your use of our service, for any or no reason whatsoever. One reason that we may do so is if we believe that you are in breach of any obligation under these Terms and Conditions. If we terminate your use of our service as a result of a breach of any obligation under these Terms and Conditions, such termination would be immediate and without notice.
5. STREAM TO WATCH SERVICE “SWS”
5.1 The authorised period available to watch via SWS Content is 24 hours after approved purchase. We reserve the right to change the time period with respect to all SWS Content, but will not change the time period with respect to SWS Content that you have already paid for. Unless otherwise specified on the Website, you can watch the SWS Content whenever you want, as many times as you want, during the authorised time period. After that time, if you want to watch the SWS Content, you will have to purchase the SWS Content again and pay the then applicable price.
5.2 Please note that your ability to download and/or view SWS Content will depend upon having sufficient technical equipment, including connectivity and bandwidth available to you to properly download and view SWS Content. Prior to purchasing SWS Content, you must ensure that you have all necessary equipment, connectivity and systems to download and view the SWS Content properly. We are not able to specify particular requirements (which may vary) and are not responsible in any way for your ability to download and view SWS Content. Minimum system requirements are specified in the FAQ section of this Website.
5.3 You understand that the SWS Content includes a security framework using technology that protects digital information and limits your usage of the SWS Content to certain usage rules established by us or our licensors (whether in these Terms and Conditions and/or on the relevant pages of this Website). You undertake that you will use the SWS Content for personal, private use only (and not for any direct or indirect commercial purpose) and that you will not copy, rent, sell or grant any third party rights in any SWS Content. You agree that you will not attempt to, or encourage or assist any other person to, circumvent, modify, reverse-engineer, decompile, disassemble, or otherwise tamper with any security or rights management technology or software that is part of the SWS Content or used to administer the usage rules, or interfere with, remove or alter any rights management information on the SWS Content.
6 DOWNLOAD TO KEEP SERVICE
6.1 This site offers download-to-keep website content (“DTK Content”), which you are entitled to download and keep for an unlimited period on specific devices provided that you agree to the applicable, subject to these Terms and Conditions (and any other terms and conditions or usage rules displayed when you purchase), DTK Contract Terms and Conditions prior to purchase and payment of the applicable DTK Content fee. You may not re-sell, re-distribute, sublicense or otherwise transfer any right or licence in the DTK Content, or use the DTK Content in any manner other than as set forth above or as otherwise stated on. Any additional usage rules set forth on this Website shall become part of, and are incorporated into, these Terms and Conditions.
6.2 Please note that your ability to download and/or view DTK Content will depend upon having sufficient technical equipment, including connectivity and bandwidth available to you to properly download and view DTK Content. Prior to purchasing DTK Content, you must ensure that you have all necessary equipment, connectivity and systems to download and view the DTK Content properly. We are not able to specify particular requirements (which may vary) and are not responsible in any way for your ability to download and view DTK Content. Minimum system requirements are specified in the FAQ section of this Website.
6.3 Your purchase of DTK Content will entitle you to download from us any appropriate content files (displayed at point of purchase) within 24 hours of purchase of the DTK Content licence.
6.4 You will be entitled to retain one file relating to the DTK Content on the hard drive of your personal computer (or other storage device) to which the DTK Content is initially delivered via a connection to the Services over the Internet. This file is not transferable to, or usable on, any other device.
6.5 You will be entitled to retain one file relating to the DTK Content that is transferable to one other device, being a portable device that is compatible with the appropriate format which will be clearly displayed at point of purchase. You will need to synchronise your chosen device with your personal computer in order to transfer the relevant file. Once you have transferred the relevant file to a portable device, you will not be entitled to transfer the file to any other device either from your personal computer or from your portable device.
6.7 We may determine from time-to-time in our sole discretion those devices that are compatible to receive a licence to view DTK Content as indicated on this Website at the time of downloading. Any rights granted to you hereunder (or on this Website at the time of purchase) to make and keep any copies of DTK Content is solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any audio or video content contained within any DTK Content.
6.8 You are solely responsible for retaining a permanent copy of the DTK Content. If the Content that you purchase does not download and play correctly, please contact our support team and we will endeavour to resolve the problem. Once you have successfully downloaded a copy of DTK Content, we will not replace the DTK Content if you are unable to play it or if you lose the DTK Content including if the file becomes damaged or corrupt, is accidentally deleted, your computer crashes, is lost or destroyed, your hard drive fails or the DTK Content does not play for any other reason.
6.9 You understand that the DTK Content includes a security framework using technology that protects digital information and limits your usage of the DTK Content to certain usage rules established by us or our licensors (whether in these Terms and Conditions and/or on the relevant pages of this Website). You undertake that you will use the DTK Content for personal, private use only (and not for any direct or indirect commercial purpose) and that you will not copy, rent, sell or grant any third party rights in any DTK Content. You agree that you will not attempt to, or encourage or assist any other person to, circumvent, modify, reverse-engineer, decompile, disassemble, or otherwise tamper with any security or rights management technology or software that is part of the DTK Content or used to administer the usage rules, or interfere with, remove or alter any rights management information on the DTK Content.
7. PROHIBITED USE OF THIS WEBSITE
7.1 You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with this Website. You agree not to interfere with the servers or networks underlying or connected to this Website or our services or to violate any of the procedures, policies or regulations of networks connected to this Website.
7.2 You agree not to impersonate any other person while using this Website, conduct yourself in an offensive manner while using this Website, or use this Website for any illegal, immoral or harmful purpose. In order to provide you with an easy-to-use service, Filmlounge will place a ‘cookie’ (a small text file) on any computer you use to access the Filmlounge website. When you revisit the Filmlounge website, this cookie will enable us to recognise you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification
8. MATERIAL ON THIS WEBSITE
8.1 Copyright
All materials (including software and content whether downloaded or not) contained on this Website are owned by Filmlounge or our affiliates and/or third party licensors (as applicable), unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited licence for use of content that you may purchase from this Website to use such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms and Conditions, without our prior written permission.
You acknowledge and agree that certain content on this Website and is the property of third party licensors and without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions within these Terms and Conditions against you.
8.2 Trade marks
Filmlounge, the Filmlounge logo and all other Filmlounge product or service marks are trademarks of Filmlounge (London) Limited. All other trademarks, logos, images, product and company names displayed or referred to on this Website are the property of their respective owners. Nothing on this Website grants you any licence or right to use, alter or remove such material.
9. USER MATERIAL
9.1 This Website lets you submit material to us: for example, you can review. You may be able to upload video, images or sounds. In these Terms and Conditions, we use the term “User Material” to refer to any material of any kind that you submit to us, including text, files, images, photos, video, sounds and musical or literary works. It does not include the account information you provide when you become a registered user or when you subsequently change that information.
9.2 This clause 9 (User Material) of these Terms and Conditions sets out the rights and obligations that you and we have in connection with User Material. If you review or submit User Material you are agreeing to do so on these Terms and Conditions. If you do not want to review or submit User Material on these Terms and Conditions, then you should not do so.
9.3 We do not systematically review User Material submitted by users of this Website. We are not responsible for the content of User Material. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy. We disclaim all liability in connection with User Material to the extent permitted by law.
9.4 We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of this Website, particularly where User Material breaches this clause 9 (User Material) of these Terms and Conditions and we may do this with or without giving you any prior notice.
9.5 We do not claim any ownership rights in User Material. However, by submitting User Material you hereby grant to Filmlounge an irrevocable, perpetual, non-exclusive, royalty-free, sub licensable, transferable and worldwide license to use, reproduce, modify, prepare derivative works of, display and perform that User Material in any media (including this Website and those websites which we operate by way of a “white-label” or “co-branded” service for third parties). The license you grant us will terminate when your User Material is removed from our website
9.6 We may link User Material or parts of User Material to other material, including material submitted by other users of this Website or created by Filmlounge and/or other third parties. We may use User Material for our internal business purposes, for example, to examine trends or categories and to use those on this Website or to promote, market or advertise Filmlounge. We will not sell your User Material to third parties but you acknowledge that we may indirectly commercially benefit from it, for example, by selling third party advertising which appears next to User Material.
9.7 Each time you submit User Material to us, you represent and warrant to us as follows: (a) you own your User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trade mark), privacy or publicity rights, rights of confidentiality or rights under contract; (b) your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or otherwise inappropriate; (c) your User Material does not advertise any product or service or solicit any business; (d) your User Material does not identify any individual (including by way or name, address or a still picture or video) under the age of 18 and if User Material identifies any individual over the age of 18, you have that person’s consent to being identified in exactly that way in your User Material; and (e) in submitting your User Material you are not impersonating any other person.
10. GENERAL TERMS AND CONDITIONS
10.1 Privacy
We collect personal information about you through and in connection with your use of this Website and your use and/or purchase of our products and services. All information that we collect about you is subject to our Privacy Policy, which forms part of these Terms and Conditions, and which may be accessed from our home page or by clicking here is deemed to be incorporated into these Terms and Conditions.
We do not store credit card details nor do we share customer details with any 3rd parties
10.2 Promotion Codes
Any promotion code or offer provided on this Website cannot be used in conjunction with any other promotion code or offer, past or present.
10.3 Indemnity by you
You agree to indemnify and hold the Filmlounge, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with any breach by you of these Terms and Conditions, including clause 9 (User Material) or any violation by you of any applicable laws or the rights of any third party.
10.4 Disclaimer of Warranties and Limitations on Liability
10.4.1 Nothing in this clause 10.4 (Disclaimer of Warranties and Limitations on Liability) or otherwise in these Terms and Conditions shall exclude or in any way limit Filmlounge’s liability for:
i fraud; or
ii death or personal injury caused by its negligence (including negligence as defined in s.1 Unfair Contract Terms Act 1977); or
iii liability to the extent the same may not be excluded or limited as a matter of law.
10.4.2 This Website and its contents are provided “as is” and on an “as available” basis and we make no representations or warranties of any kind with respect to it, including as to the accuracy, completeness or currency of this Website or its content. We assume no liability or responsibility for any errors or omissions in the content of this Website, any failures, delays, or interruptions in the downloading of any content contained on this Website, any costs, losses, expenses or damages arising from the use of the content provided on this Website or any conduct by users of this Website. We reserve the right to enable downloading of Content at our sole discretion. Subject to clause 10.4.1, we disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current.
10.4.3 Subject to clause 10.4.1, in no event shall we, our shareholders, directors, officers, or employees be liable (jointly or severally), to you or any third party for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of such damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. If any applicable authority holds any portion of this clause 10.4.3 to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
10.4.4 Subject to clauses 10.4.1, 10.4.2 and 10.4.3 our maximum liability to you, (whether in contract, tort, (including negligence), breach of statutory duty or otherwise), arising out of or in connection directly or indirectly with your use of this Website, or any website content or your use of our products and services shall not exceed in aggregate the greater of £1 and/or the total amount paid by you to us in respect of Filmlounge’s products and services in the month preceding any such claim.
10.5 Applicable Law
This website is controlled by Filmlounge (London) Limited. Your use of this Website is governed by these Terms and Conditions and construed and enforced in accordance with the laws of England and Wales. Disputes arising from or in connection with your use of this Website and your use and/or purchase of products or services we provide are subject to the non-exclusive jurisdiction of the English courts.
10.6 Assignment/Transfer By Us
You agree that we may assign any or all of our rights and/or novate, transfer, sub-contract or delegate any or all of our obligations under these Terms and Conditions to any third party. These Terms and Conditions are personal to you and are agreed to by you for your own benefit and not for the benefit of any other third party.
10.7 Assignment/Transfer by You
Filmlounge registered user’s rights and/or obligations under these Terms and Conditions are not transferable and therefore cannot be sold or traded. Further, you may not assign, novate, transfer, sub-contract or otherwise dispose of any or all of your rights and/or obligations under these Terms and Conditions.
10.8 No Waiver
If we delay exercising or fail to exercise or enforce any right available to us under these Terms and Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms and Conditions.
10.9 Force Majeure
We will not be liable to you for any lack of performance, or the unavailability or failure, of this Website or any of our products or services, or for any failure or delay by us to comply with these Terms and Conditions, where such lack, unavailability or failure arises from any cause beyond our reasonable control.
10.10 Third Party Rights
Subject to clauses 8.1, 9.4 and 10.4, and excluding the provisions of clause 3.1 which confers a benefit on third parties Licensor’s as applicable, which you hereby acknowledge and agree shall be directly enforceable by such third parties, nothing in these Terms and Conditions confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.
In accordance with clause 1.2, we may rescind, waive, assign, release or vary any or all of the provisions in this Agreement in any way without your consent or the consent of any third party.
10.11 Entire Agreement
These Terms and Conditions (including the Privacy Policy and any other terms and conditions or usage rules incorporated into these Terms and Conditions) constitute the whole agreement between you and us relating to their subject matter and supersede any prior agreements, undertakings, representations, warranties and arrangements of any nature, whether in writing or oral, relating to such subject matter. Neither party has any liability to the other for a representation or statement not set out in these Terms and Conditions.
10.12 Interpretation
10.12 Interpretation In these Terms and Conditions, unless the context requires otherwise: (i) any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and (ii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.
11. Filmlounge’s Contact Details
11.1 All correspondence to Filmlounge, including any queries you may have regarding your use of the Website, your use and/or purchase of Filmlounge’s products and services or these Terms and Conditions, should be sent to the address set out in clause 1.
12 Right of Refusal
12.1 Filmlounge Membership
Due to the exclusive nature of the VIP Membership, numbers are strictly limited. Unfortunately not all events will be made available to all members at any one time. These privileged experiences are only available at specific points in a film’s production life cycle, but usually at least one event takes place each month, sometimes a few. Filmlounge reserve the right to refuse membership and membership is at the sole discretion of Filmlounge (London) Ltd and can be cancelled at any time without notice.
13. Refund Policy
13. Refunds
13.1 We do not accept claims for refunds from customers using our "Stream to Watch Service". However should you have been unable to watch or finish due to external causes such as loss of internet for instance, we reserve the right to extend or reallocate the allotted timeframe for your streamed purchase should we see fit.
13.2 Customers who make a claim after using the "Download Service" at filmlounge.com are guaranteed a refund should viewing quality, data transfer or the data itself be deemed faulty or a problem traced back to filmlounge.com. The claim must be made within 72 hours upon purchase and completion of Data transfer. Should your claim be approved, we will refund your purchase within 24 hours.
14. Cancellation Policy
14.1 Cancellation of Subscription Service
Should you wish to cancel your subscription service to us on either the GOLD or VIP membership then you are free to do so, so long as you have reached the 3 month minimum term requirement. We will terminate your subscription on the date preceeding the next allocated payment date.
Filmlounge’s registered office is located at 5 Southampton Place, London WC1A 2DA, United Kingdom, and its VAT number is 934 7516 07.