Last Updated January 12th, 2019
**PLEASE READ THIS DOCUMENT CAREFULLY. Films For Action, Inc. ("Films For Action", "FFA", "we" or "us") offers an online video and article sharing platform and community through its website located at FilmsForAction.org (the "Films For Action Site," or "Films For Action Service").
By registering as a member or by using the Films For Action Service in any way, you accept these Terms of Service ("Agreement" or "TOS"), which forms a binding agreement between you and Films For Action. If you do not wish to be bound by this Agreement, do not use the Films For Action Service.
We reserve the right, at our discretion, to change, add or remove portions of these Terms of Service at any time. You can determine when these Terms of Service was last revised by referring to the "Last Updated" date at the top of these Terms of Service.
If you have any questions or concerns regarding these Terms of Service, please let us know by contacting us here.**
FILMS FOR ACTION ON DEMAND / PAY-PER-VIEW (PAYMENTS)
This section covers payments that you make to FFA and payments that FFA may make to you.
- Payments made by you. You may make payments to FFA for Films For Action On Demand content. All payments are final and non-refundable. Notwithstanding the foregoing, FFA may, in its sole discretion, make refunds if it determines that the circumstances warrant a refund.
- Payments made to you. FFA uses Stripe to handle payments to creators. Through your Stripe account, we will pay you Creator Revenue (as defined below) within thirty (30) days of the end of each month in which such revenue was earned. Stripe will make all payments to you via bank account transfer or other payment option offered by Stripe. FFA shall have no obligation to pay Creator Revenue with respect to any transaction that is subject to a refund or chargeback. FFA may withhold amounts or make adjustments: (a) to satisfy any refunds that it may make; (b) pending any investigation of fraud or other illegality; and (c) as required by US tax law.
- Films For Action on Demand— Watching videos. This section covers purchases by you of videos hosted via Films For Action On Demand.
- Viewing choices. You may watch Films For Action On Demand videos through one of the following methods:
- Rent. You may “rent” a specific video title for a one-time fee. This gives you the right to stream a video an unlimited number of times during a specific time period (“Rental Period”). When that period ends, you no longer have access to the video.
- Buy. You may “buy” a specific video title for a one-time fee. This gives you the right to download the video for permanent storage and/or to stream it for an indefinite period of time.
- Limited license. After paying the required fee, you have the right to, depending on your viewing choice: (i) stream rented videos during the Rental Period; and (ii) download and stream videos you’ve bought.
- Restrictions. You may only stream or download videos for your personal viewing purposes. You may not: (i) transmit or distribute any video through any means; (ii) publicly exhibit any video; or (iii) resell views of any video; or (iv) allow others to log into your Films For Action account for the purpose of watching a video.
- Video availability. Videos are provided on an as-available basis. FFA does not guarantee that any particular video will be available for streaming or download after purchase. If a creator instructs us to remove their video or if a video becomes unavailable for legal reasons, FFA may, without penalty, eliminate or reduce the amount of time you have to stream or download the video, notwithstanding the period displayed at the time of your purchase.
- Films For Action On Demand— Selling videos. This section covers videos that you sell through Films For Action On Demand.
- Eligibility. In order to sell a video or video series through Films For Action On Demand, your video must be reviewed and approved by FFA staff.
- Selling choices. For rent and buy options, you must select: (a) the purchase options (rent and/or buy); (b) the retail price(s); and (c) the Rental Period (rental only). The distribution territory by default is worldwide.
- Limited license. You hereby grant FFA the right and license to reproduce, distribute, transmit, sublicense (to end users for their personal viewing), transcode, publicly perform and exhibit, and otherwise exploit and promote the video (and all related materials that you may share with us, including poster and video description) through Films For Action On Demand in accordance with your choices. You also grant FFA the right (but not the obligation) to use and authorize others to use your name(s), likeness(es), biographical material(s), or voice(s), as contained in the materials you upload, in any media for the purpose of promoting your videos or series.
- License period; removed videos. The above licenses will continue so long as you offer a video. If you instruct us to remove a video, FFA (i) will cease offering the video for sale to new viewers; and (ii) may, in its discretion, continue to make the video or series available to those users who previously entered into a buy or rent transaction with respect to the video or provide full or partial refunds to such persons.
- Creator Revenue; Films For Action service fee. You are entitled to 85% of Net Revenue (“Creator Revenue”) from your Films For Action On Demand sales; FFA will retain 15% of such Net Revenue as a service fee. “Net Revenue” means gross revenue actually received from end users from a Video On Demand transaction less transactional costs, chargebacks, and refunds and excluding any taxes (including VAT). “Transactional costs” are amounts paid by FFA to Stripe to facilitate the transaction and may include, without limitation, payment-processing fees, foreign exchange fees, and platform fees. This transactional cost is most often limited to the industry standard 2.9% + 0.30 cents per transaction, which is deducted by Stripe.
- Income taxes are solely your responsibility. FFA may file reports concerning income with any taxing authority, including the US Internal Revenue Service.
- FFA may collect taxes (e.g., sales tax or VAT) on any transaction where it reasonably believes that tax collection is required. Where FFA believes in good faith that VAT collection is required for a Films For Action On Demand sale, FFA may collect VAT on a “VAT-inclusive” basis, meaning that it will charge the retail price of the video and deduct applicable VAT from the amounts received from the purchaser.
- General. You agree and acknowledge that you and FFA are independent contractors and not partners, joint venturers, or fiduciaries of one another. If you have a negotiated agreement with FFA concerning your use of Films For Action On Demand, the negotiated agreement governs and supersedes any inconsistent term in this TOS agreement.
FILMS FOR ACTION COMMUNITY STANDARDS AND CONDUCT POLICY
Films For Action wants to encourage an open exchange of information and ideas through the Films For Action Site, but we cannot and do not review all submitted content made on our Site, which includes both videos and articles. You can expect our Site to include content, information, and opinions from a variety of individuals and organizations other than Films For Action. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or "expert" guest, or from a member of our staff. There is no substitute for healthy skepticism and your own good judgment.
Responsibility for what is posted on Films For Action lies with each user -- you alone are responsible for material you post. Films For Action does not control the messages, information or other content that you or others may provide on our Site.
By using the Films For Action Site, you agree not to submit, post or transmit through the Films For Action Site any material or otherwise engage in any conduct that:
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, or contains explicit or graphic descriptions or accounts of, sexual acts;
- Contains excessive profanity;
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy or other proprietary rights;
- Allows you to gain unauthorized access to the Films For Action Site, or any account, computer system, or network connected to the Films For Action Site, by means such as hacking, password mining or other illicit means;
- Collects for marketing purposes any email addresses or other personal information that has been posted by other users of the Films For Action Site.
- Impersonates any person, organization or entity, including Films For Action and its volunteers and staff or falsely state or otherwise misrepresent your affiliation with any person, organization or entity, including Films For Action;
- Contains an advertisement or solicitation or encourages others to purchase commercial goods or services; examples include "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation;
- Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
- Encourages conduct that would constitute a criminal offense or that gives rise to civil liability or that otherwise encourages others to commit illegal activities or cause injury or property damage to any other person;
- Permits any person to access, using your account, any features of the Films For Action Site that may require registration;
- Results in a single message being posted to more than three areas of the Films For Action Site;
MULTIPLE ACCOUNTS & RATING CONTENT
You agree not to create multiple accounts for the purpose of rating your own submissions. You agree not to practice 'rating spam' whereby you get a bunch of friends to create accounts to rate up your content.
We want all ratings to be organic by our community without solicitation or bias. Users who do this may have their content hidden. If a user continues to 'rate spam' their own submissions, their account may be banned from further posting.
SUBMISSION OF ORIGINAL CONTENT CREATED BY YOU
Original content that you add, publish, or otherwise transmit to Films For Action through our Site shall at all times remain your sole and exclusive property. As such, you shall be solely responsible for your content and the consequences of their posting or publication on our Site.
By submitting original works created by you, you hereby grant Films For Action a worldwide, non-exclusive, royalty-free, and transferable license (with a right to create derivative works to the extent necessary to make content compatible with any Films For Action media), revocable upon removing the content from Films For Action, to use, copy, transmit or otherwise distribute, perform, modify, incorporate into other works, publicly perform and display your content or any portion thereof, in or through any medium, whether now known or hereafter created.
When you remove or otherwise delete submitted content from the Site, the licenses granted by you to Films For Action shall terminate within a commercially reasonable time. You understand and agree, however, that Films For Action may retain (but not display, distribute, or perform) server copies of content that have been removed or deleted, and that Films For Action shall have no obligation to attempt to remove from distribution any of your content that is otherwise publicly available through the Internet or other publicly accessible medium.
If you have any complaints or objections to Content posted on the Films For Action Site because it was not properly credited or it was posted without permission and you are the copyright owner, please contact us here, with your contact information and a link to the relevant Content.
If your complaint is about a video embedded on our Site, please note that Films For Action does not host any videos directly on our Site. All of the videos are embedded through sites like Google, YouTube, Vimeo, etc, using their respective embed feature. If you are the copyright holder and wish the video to be removed from our Site, please let us know. However, to fix the issue at its source you will want to file a copyright claim with the video hosting site the video is embedded from.
LINKS/EXTERNAL SITES AND RESOURCES
You agree not to use the Films For Action Site to advertise, or to solicit anyone to buy or sell, products or services of any kind, without our express written approval.
We don't want anyone to be confused as to which materials, events and services are presented by Films For Action and which are not. Please do not use the Films For Action name, logo, or other Films For Action materials without our prior written consent, or in the manner expressly allowed by the use guidelines of that content.
DISCLAIMER OF WARRANTIES AND LIABILITY
We work hard to make the Films For Action Site an interesting and enjoyable place, but we cannot guarantee that our users will always find everything to their liking. Please read this Disclaimer carefully before using our Site.
YOU AGREE THAT YOUR USE OF THE FILMS FOR ACTION SITE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE FILMS FOR ACTION SITE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THE FILMS FOR ACTION SITE OR ANY MATERIAL AVAILABLE THROUGH OUR SITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE FILMS FOR ACTION SITE.
THE FILMS FOR ACTION SITE IS PROVIDED TO YOU AS IS, WITH ALL FAULTS, AND AS AVAILABLE. FILMS FOR ACTION, INC. CANNOT AND DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE FILMS FOR ACTION SITE, NOR DO WE GUARANTEE THAT THE FILMS FOR ACTION SITE WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE, OR THAT THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL FILMS FOR ACTION BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THE FILMS FOR ACTION SITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE FILMS FOR ACTION SITE IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.)
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS FILMS FOR ACTION, INC, ITS OFFICERS, DIRECTORS, VOLUNTEERS, STAFF, AND CONSULTANTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF THE FILMS FOR ACTION SITE, YOUR VIOLATION OF THESE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY FILMS FOR ACTION OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.