Last updated [February 2019].
1.1 We are Filmstro Limited, a company incorporated and registered in England and Wales with company number 09248842 whose registered office is at 2 Upperton Gardens, Eastbourne BN21 2AH.
2.2 Please refer carefully to these Terms before you start to use the Software and (if applicable) the Services. We recommend that you print a dated copy of these Terms for future reference. By using the Software and (if applicable) the Services, you will be deemed to have understood and accepted these Terms, which form a binding agreement between you and us.
2.3 If you are intending to use the Services on behalf of a business you work for or represent (the Company) these Terms form an agreement between us and the Company, in which case all references to 'you' should be read as references to the Company. Please therefore ensure that you have the authority of the Company to bind it to these Terms. If you do not have such authority you may be personally liable to us for your use of the Software and the Services.
2.4 These Terms may be supplemented by additional written agreement(s) between you and us which relate to specific uses of the Services. If that is the case these Terms will continue to apply to you except to the extent they conflict with the terms of any such written agreement.
3. Other Applicable Terms
3.2 By using the Software and (if applicable) the Services, you consent to such processing and you warrant that all data provided by you is accurate.
4. Changes to These Terms
4.1 We may revise these Terms at any time by amending this page. Please check this page Privacy - Filmstro from time to time to take notice of any changes we make, as they are binding on you.
5. The Services
We offer the following two categories of Services:
5.1 Free Services
- Free download of the Filmstro Software;
- free access to five (5) musical themes via the Software (the Free Themes)
- free access to mp3 musical themes via the website (the Free Themes); and
- the opportunity to synchronise the Free Themes into your own audiovisual productions as permitted by the interface provided and to use those productions as permitted in the section 8, 'Grant of Licence' below.
5.2 Paid-for Services
All the Basic Services, plus:
- access to a wider library of musical themes (the Paid-for Themes); and
- the opportunity to synchronise the Paid-for Themes into your own audiovisual productions as permitted by the Software and to use those productions as permitted in the section 'Grant of Licence' below.
- The list above is not an exhaustive list of the Services we offer, and we may decide to offer additional Services, or cease to provide any Services, at any time.
- When you have synchronised a Theme into a production, that production is referred to as the Synchronised Content in these Terms.
6. Registering for the Services
6.1 You are not obliged to register to download the Software, but access to the Free Services and the Subscriber Services is only available to registered users.
6.2 To register, you will need to complete a simple registration process by providing certain information (including your name, email address, payment details (if applicable), and choose a username and password for use in connection with your access to the Services.
6.3 You agree that you will provide truthful and accurate information when registering. The decision to register a password is in our discretion and we may revoke your password at any time.
6.4 You are responsible for maintaining the confidentiality of your password and account information, and you are solely responsible for all activities that occur under your password or account and for any access to or use of the Software by you or any person or entity using your password, whether or not such access or use has been authorised by you.
6.5 You must immediately notify us of any unauthorised use of your password or account or any other breach of security. We will not be liable for any loss or damage whatsoever resulting from the disclosure of your username and/or password contrary to these Terms.
6.6 You are responsible for ensuring that the information we hold is up to date. Please amend your details as appropriate from time to time or email email@example.com notify us of any changes.
7. Access and Cancellation to the Paid-for Services
7.1 Access to the Paid-for Services is subject to the payment of:
i.a monthly subscription fee, collected monthly on the anniversary of first payment, until stopped.
ii.an annual subscription fee, collected annually on anniversary of first payment, until stopped.
iii.a one month pass and
iv.an individual theme, collected once,
which will be displayed on the relevant page(s) of our website or within the software (the Fee).
7.2 If choosing a monthly subscription you must subscribe to that Paid-for Service for a minimum of two (2) months.
7.3 You may cancel your subscription at any time after the second month, by clicking the Cancel Membership button in your Account on Filmstro or by emailing us at firstname.lastname@example.org. In the case of monthly recurring payments and annual recurring payments the cancellation request shall be applied to your account upon cancellation, however the services shall continue until the period billed for is at an end. For example, if you cancel an annual subscription in the first month, you will still have access to the Paid-for Services for a further 11 months until the annual subscription billing period has elapsed.
7.4 Your subscription to the Paid-for Services, including your payment each month of the Fee, will continue until cancelled by you as described above, or alternatively until terminated by us as described in the 'Termination' section below.
7.5 REFUNDS: We do not issue refunds for the remainder of the balance for any of our Paid-for Services, irrespective of when you make a cancellation request. It is your responsibility to cancel your recurring subscription before the billing period has elapsed to prevent a subsequent charge that auto-renews on the anniversary of the previous payment.
7.6 In the event that you have not been able to successfully access the Paid-for Services due to a technical error caused by issues within our software, we will consider a partial or full refund. All technical errors need to be highlighted to our technical support team by contacting email@example.com within 14 days with sufficient evidence in the form of screen-shots and video recordings.
8. Grant of Licence
8.1 In consideration of you agreeing to comply with these Terms, we grant to you a worldwide, non-transferable, non-exclusive licence:
- to download the Software onto two devices and to use the Software to access and use the Services;
- to synchronise the Free Themes into your own productions as permitted and enabled by the Software and to make any use of the resulting Synchronised Content in the manner, media and on the platforms permitted by the ‘Personal’ license category - see pricing page for full details of usage Pricing - Filmstro.
- to synchronise the Paid-for Themes into your productions and exploit the Paid-for Themes in the Synchronised Content in the manner, media and on the platforms permitted by whatever commercial licence(s) you buy from us – see the Usage Fees section below.
8.2 We reserve all other rights.
9. Usage Fees
9.1 With the exception of the Free themes, use of Synchronised Content for personal and commercial purposes is subject to the payment of usage fees in accordance with our pricing structure Pricing - Filmstro.
9.2 Please note that more than one fee may be payable if the Synchronised Content is to appear in several different media – see pricing page Privacy - Filmstro for full details of usage.
10. Performing Rights
10.1 "Performing rights" means the rights to do or to authorise others to do any of the following acts:
- to perform or play the Themes in the Synchronised Content in public,
- to broadcast the Themes in the Synchronised Content, or
- communicate the Themes in the Synchronised Content to the public otherwise than by broadcast (i.e. by streaming or downloading online or on mobile).
10.2 Please note that your use of the Synchronised Content will not directly be subject to the payment by you of royalties to performing rights societies, however,
10.2.1 if your use of the Synchronised Content is broadcast on TV or Radio you are obliged to report the music use via ‘cue sheet’ so that the appropriate broadcast royalties can be attributed to our publisher.
11. Your Use of the Software
11.1 You are responsible for making all arrangements necessary to download the Software. You are also responsible for ensuring that all persons who access the Software are aware of these Terms and that they comply with them.
11.2 You may use the Software and (if applicable) the Services only for lawful purposes.
11.3 In particular, but without limitation, you may not use the Software or (if applicable) the Services in any way that is:
11.3.1 unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; to send, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
11.3.2 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of the Software or any computer software or hardware.
11.4 You also agree: not to reproduce, duplicate, copy or resell any part of the Software in contravention of these Terms;
11.4.1 not to use the Software in any way that could, damage, disable, overburden, impair or otherwise compromise our systems or security or interfere with other users of the Software; or
11.4.2 not to access without authority, interfere with, damage, alter, disassemble, reverse-engineer, or disrupt;
a.any part of the Software;
b.any equipment or network from which the Software and the Themes are provided; or
c.any equipment or network or software owned or used by any third party.
12. Intellectual Property
12.1 You acknowledge that our website, the Software and the Themes and all material available through the website and the Software including but not limited to text, graphics, photos, logos, button icons, images, trademarks, audio and audio visual clips, databases, data compilations, data and software (the Filmstro Content) are owned and controlled by or licensed exclusively to us.
12.2 You may not copy, adapt, display, communicate to the public or otherwise use any Filmstro Content except as enabled and permitted by the Services from time to time and subject always to these Terms.
12.3 You may print off one copy, and may download extracts, of any page(s) from our website which you are authorised to access provided that such prints and downloads are for your personal and noncommercial use only.
13. Availability of the Software
13.1 The Software is provided on an "as is" basis without any warranties of any kind. We make no representations, warranties or guarantees of any kind regarding the availability or operation of the Software or that the Software will be secure, uninterrupted or free of defects.
13.2 Your access to the Services may be suspended or restricted occasionally to allow for maintenance, repairs, upgrades, or the introduction of new facilities or services. We will always try to limit the frequency and duration of any planned disruption but we will not be liable to you if for any reason the Services are unavailable at any time or for any period.
14. Computer Viruses
14.1 We will use reasonable endeavours to ensure that no part of the Software will contain or spread any viruses or other malicious code. However, we recommend that you ensure that devices on which you download the Software run up-to-date anti-virus software as a precaution, and you are advised to virus-check the Software and regularly check for the presence of viruses and other malicious code.
14.2 To the full extent permitted by law we exclude liability for damage or loss of any kind caused by viruses or other harmful components originating or contracted from the Software.
15. Limitation of Liability
15.1 Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.
15.2 Except as expressly set out in these Terms, we make no representations, warranties or guarantees of any kind in respect of the Software or the Services and all conditions, warranties and representations express or implied are hereby excluded to the full extent permitted by law.
15.3 We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise arising under or in connection with
i.use of, or inability to use, the Software and/or the Services; or
ii.use of or reliance on any content displayed via the Software.
15.4 We provide the Software and the Services for both private and commercial use. You agree that if you use the Software and/or the Services for any commercial or business purposes, we shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.5 We assume no responsibility for the content of any third party websites linked to on the Software and we will not be liable for any loss or damage that may arise from your use of them.
16.1 We may, in our sole discretion, terminate your password, account (or any part thereof) or use of the Software and/or the Services without notice if you are in breach of these Terms or if we believe in our absolute discretion that your use of the Software and/or Services is unsuitable in any way.
16.2 Upon termination by us for any reason referred to above all rights granted to you under these Terms shall cease and you must immediately cease all your use of the Services, save that you may continue to use any Synchronised Content downloaded by you prior to such termination or cancellation as licensed hereunder.
16.3 Notwithstanding the foregoing, upon termination by us for any reason referred to above, we reserve the right to require you to cease all use of any Synchronised Content downloaded by you prior to such termination and to remove any or all such Synchronised Content from any platform or media via which it is available.
17. Payment Methods
17.1 We accept payment via MasterCard, Visa, PayPal and American Express.
17.2 Prices for all the Services appear on our website and are inclusive of VAT unless otherwise stated. We may change the prices for Services at any time by posting new prices on the website.
17.3 By paying using your credit or debit card you confirm that the card is yours and that there are sufficient funds or credit available to cover the charges.
18. Links to Other Sites
18.1 The website and/or the Software may offer links to other websites from which third party services can be obtained and which we reasonably believe to be reputable sources of such services. However, you acknowledge that these other websites are independent from us and we make no representations or warranties as to the legitimacy, accuracy or quality of such third party services, and we do not accept any responsibility for their content, safety, practices or privacy policies.
19.1 If any provision or part of a provision of these Terms is held to be illegal, invalid, unenforceable or against public policy pursuant to a final adjudication by a court of competent jurisdiction, such provision will be deemed severed from these Terms and the remainder of these Terms will remain in full force and effect.
19.2 No provision of these Terms will be enforceable solely by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to these Terms.
19.3 These Terms are governed by English law and the courts of England and Wales will have non-exclusive jurisdiction over any disputes arising in respect of or in relation to these Terms and your use of the Software and (if applicable) the Services.