Terms and Conditions

Welcome to FilmLocal,

TERMS & CONDITIONS

These Terms & Conditions (hereinafter referred to as the “Terms” or “Terms & Conditions” or “Terms of Use”) shall govern the relationship between our company and you. This website is owned and operated by:

Company Name: FilmLocal Media Inc.
Corporation BN: 71841 0004 RC0001
Registered Office: #1705 – 1005 Jervis Street, Vancouver, BC, V6E 3T1, Canada

(hereinafter referred to the “Company” or “FilmLocal” or “us” or “our” or “we”) and you (hereinafter referred to “you” or “your” or “user(s)” or “Member(s)”), and shall govern your use of our website – https://filmlocal.com/ (hereinafter individually as well as collectively, referred to as the “Platform” or “Site” or “website”).

At FilmLocal, our mission is to help advance your career in film. That’s why we have created a platform for the community to use, grow their circle, educate themselves, and gain experience. We do so by implementing a variety of services that are listed below. (hereinafter referred to as the “Service”)

• Job Board
• Local Directories
• Profile Pages, Networking, Messaging
• Filmmaking Resources Partnerships
• Rentals Postings
• Workshops and Events
• Filmmaking Articles and Local Film Promotions.

Please read these Terms carefully, as these, along with our Community Guidelines, Cancellation & Refund Policy, Cookie Policy, and Privacy Policy statement forms the entire agreement between you and FilmLocal. If you do not accept these Terms in its entirety, then you shall not use the Platform or avail our any of our services or become a paid member.

Additionally, how we collect, use, store, share, and transmit your data is governed by our Privacy Policy statement and Cookie Policy. These Terms shall be read in conjunction with our Cookie Policy, Cancellation & Refund Policy, and Privacy Policy statement.

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1. ACCEPTANCE OF THESE TERMS
By accessing, registering on, or using the Site, or by becoming a paid member, or by clicking on a button or taking similar action to signify your affirmative acceptance of these Terms, you hereby represent that:

1. i) You have read, understood, and agreed to be bound by these Terms and any future updates and additions to these Terms, as published from time to time on the website.
2. ii) You are of sound mind and at least 18 years of age (or older if the applicable law in your jurisdiction sets a higher age of majority), in order to form a binding contract with us. In case you are not of the age of majority as per the laws of the State that you reside in, then you cannot use the website, even if your parent/legal guardian consents to such use.
3. iii) We must not have previously disabled your account for violation of law or any of our policies.
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5. You have read, understood and consented to our Community Guidelines, Cancellation & Refund Policy, Cookie Policy, and Privacy Policy statement posted on our Site.
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2. ACCOUNT REGISTRATION, PASSWORD AND SECURITY

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2. a)  Account: To access various parts of the Platform, and to avail various Services, you are required to register and create an account with us. Registration is free. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information about yourself. As part of the registration process, you will create a password and an account.
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4. b)  Security: You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We ask that you should not share your account or password with any third party. We cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account.
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6. c) Inaccurate Information: If we have reasonable grounds to suspect that any of the information submitted by you is untrue, inaccurate, outdated, or incomplete, or that you have created a duplicate account, in that case, we may terminate your account, and refuse current or future use of any or all of the services. 
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8. d) No Selling: You are expressly prohibited from selling or transferring or gifting your account to any other person, or from sharing the login credentials of your account or sharing the access of the content with any third party, without our prior written consent.
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3. HOW CAN YOU USE THE PLATFORM?

1. Allowed uses:
   1. a)  Directions of Use: You must follow any and all guidelines or policies or directions of use as associated with each of the services on the Platform.
   2. b)  Information: Whenever prompted, you must provide us with the correct, accurate and updated information about yourself. All the submitted information will be processed in accordance with our Privacy Policy statement.
   3. c)  Material: For the purposes of these Terms, “material” shall mean any logos, trademark, text, articles, video, graphics, sound material, published on the Platform, whether a copyright of FilmLocal, other members, affiliates, our licensors or any third party. You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on the Platform. You must not reproduce any part of the Platform or the material or transmit it to or store it in any other Platform or disseminate any part of the material in any other form, unless we have indicated that you may do so.
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2. Restricted uses:

1. a)  You must not share your or anyone else’s financial information, such as bank account details, card number, PIN, OTP, etc. with the other members. If you do this, and suffer a loss or become a victim of fraud or hacking or other financial fraud, FilmLocal assumes no liability whatsoever. This will also lead to your FilmLocal account getting restricted, suspended or banned.
2. b)  You can’t impersonate others, create duplicate accounts, or provide inaccurate information about yourself.
3. c)  You will be able to post, chat, and interact with other members of the community. However, you cannot text, raise, or comment on any political, racist or such other issue which affects a person, community or society. All communication and interaction must comply with our Community Guidelines.
4. d)  The Member must not misuse or interfere with the Services or Platform or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law and as per the directions provided by us.
5. e)  The Member must not:
   • ●  republish material from this Platform;
   • ●  selling, distributing or making available the content on FilmLocal to any third-party;
   • ●  sell, rent or sub-license material from the Platform;
   • ●  show any material from the Platform in public without our consent;
   • ●  edit or otherwise modify any material on the Platform (other than editing your own information/posts/content as per the method provided);
   • ●  reproduce, duplicate, copy or otherwise exploit material on our Platform for commercial purpose; or
   • ●  redistribute material from the Platform, except for content specifically and expressly made available for redistribution with our written consent and according to our terms;
   • ●  infringe or violate our Intellectual Property Rights or Intellectual Property Rights of other members, licensors or any third party;
   • ●  We reserve the right to restrict your access to any areas of our Platform, or indeed our whole Platform, at our discretion.

6. f)  You must not use our Platform in any way that causes, or may cause, damage to the Platform or impairment of the availability or accessibility of the Platform; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
7. g)  The Member must not use our Platform to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
8. h)  The Member must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Platform.

In case of your violation or non-compliance of any of the terms mentioned in these Terms, we reserve the right to suspend or terminate your account or your access to the Platform or content or our services, at our sole discretion, and in such case, you will not be entitled to receive any refunds for an unutilized period of your subscription.

4. FILMLOCAL AFFILIATE PROGRAM TERMS

We have an affiliate program, where we offer you a continuous commission (hereinafter referred to as the “Affiliate Program”). You will keep receiving earnings from your referrals for as long as they maintain one of their Key Memberships (see here). Our subscription plans come in different lengths, and you will receive 50% of the amount your referral selects, and this will continue indefinitely for as long as they are subscribed. By enrolling in our affiliate program, you hereby acknowledge that you have read, understood, and agreed to the following:

1. a)  You need to be a member in order to enrol in our affiliate program. However, you can be a free member, or enroll in one of our paid plans. Click here to sign up. You will be able to receive your reports that will describe our calculation of the commissions due to you.

2. b)  To begin the enrolment process, you will complete and submit an online application. We may reject your application at our sole discretion. We may cancel your application if we determine that your website/social platform is unsuitable for our Affiliate Program. This may be because:

   1. You promote sexually explicit materials

   2. You promote violence

   3. You promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age

   4. You promote illegal activities

   5. You incorporate any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law

   6. You include “FilmLocal” or variations or misspellings thereof in your domain name

   7. Your content is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.

   8. Your website or blog or social media contains software downloads that potentially enable diversions of commission from other affiliates in our program.

   9. You create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website, or design your website in a manner which leads customers to believe you are FilmLocal or any other affiliated business.

   10. You violate our Terms, Community Guidelines, or the applicable law.

   11. For any other reason that we in our sole discretion believe to be against the values of our community, or that defames or puts FilmLocal in a bad light in any manner whatsoever.

3. c)  In case you delete your account from FilmLocal, you will no longer be able to earn from our affiliate program. Please make sure to withdraw your earnings before you close your account. Once your account is closed, all your earnings will be forfeited.

4. d)  Upon enrolling in our affiliate program, you will be given a personalized and customizable link that can be shared on any platform that you use (for instance, YouTube, your blog, website, social media, email, or even text). Once enrolled, you will also be provided with access to your own individual dashboard, which will allow you to track your earnings and payout.

5. e)  As a member of the Affiliate Program, you will have an access to your dashboard. Here you will be able to review our Affiliate Program’s details and previously-published affiliate newsletters, download HTML code (that provides links to web pages within the FilmLocal website) and banner creatives, browse and get tracking codes for our coupons and deals. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate links we provide you with.

6. f)  Payout is made via PayPal. You are required to have a PayPal account in order to receive these earnings. All legal policies of PayPal still apply when you receive money into, or withdraw from your PayPal account. To ensure you are referring quality customers, your first payment may take 6 (six) weeks after your first referral. After this initial period, you can request a payout once a month as long as you have a minimum of $50 owed. Suspicious activity, including referrals, are subject to investigation. If an investigation takes place, your funds will be held until its conclusion. In some circumstances, your referrals will be negated, and you will be terminated from the FilmLocal Affiliate Program without compensation. Suspicious activity will be determined by us at our sole discretion. All amounts mentioned here are in United States Dollars (USD).

7. g)  Our program places a 30-day tracking cookie on any visitor who clicks your link. That means if someone leaves and comes back to the site later to sign up, it will still be credited to you. However, in case where such cookie is removed for any reason, you may not be credited for such a referral.

8. h)  Our standard commission is a recurring 50% anytime someone signs up for a Key Membership subscription. There is no maximum limit, you can earn as much as possible for as long as the referral remains subscribed. However, we reserve the right to discontinue our referral program at any time in the future, in which case, you may not be credited for the referrals.

9. i)  FilmLocal reserves the right, at any time, to review your placement and approve the use of your links and require that you change the placement or use to comply with the guidelines provided to you. If you do not make the changes to your site/social media that we feel are necessary, we reserve the right to terminate your participation in our Affiliate Program.

10. j)  The maintenance and updating of your site or social media will be your responsibility. We may monitor your site or social media as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.

11. k)  It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person’s copyrighted material, whether it be writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in violation of the law or any third-party rights. All responsibilities and liabilities in this respect shall remain solely with you.

12. l)  We reserve the right to terminate your participation in the Affiliate Program immediately and without notice to you should you commit fraud in your use of the Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, FilmLocal shall not be liable to you for any commissions for such fraudulent sales.

13. m)  You have the right to withdraw your participation from our Affiliate Program at any time by sending us a written intimation of the same.

14. n)  We may modify any of the terms and conditions in our Affiliate Program at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and our Affiliate Program rules. If any modification is unacceptable to you, your only option is to end your participation in our Affiliate Program. Your continued participation in our Affiliate Program following the posting of the change notice on our website will indicate your acceptance of the changes.

15. o)  You have the freedom to advertise your own websites, but if you mention FilmLocal in your promotions, it may appear to the public or the press as a joint effort. FilmLocal strictly prohibits certain types of advertising, including spamming, unsolicited commercial email, posting to non-commercial newsgroups, cross-posting to multiple newsgroups simultaneously, and advertising in a way that disguises or misrepresents your identity, domain name, or return email address. However, you can use mailings to customers who are already subscribers of your services or website to promote FilmLocal, and you can post to newsgroups that explicitly welcome commercial messages. In all cases, you must clearly state that your website and business are independent of FilmLocal. If you engage in spamming, your participation in the FilmLocal Affiliate Program may be immediately terminated, and any unpaid balances owed to you will not be paid.

16. p)  If affiliates in their Pay-Per-Click campaigns use keywords like FilmLocal.com, FilmLocal, www.FilmLocal, www.FilmLocal.com, or any misspellings or variations of them without directing the traffic to their own website before redirecting it to FilmLocal, they will be seen as violating our trademark and will be removed from the FilmLocal Affiliate Program. We will try to communicate with the affiliate before banning them, but we have the right to expel any violator of our trademark without warning, and this will be done on the first instance of such behavior in PPC bidding.

17. q)  You are not allowed to send any “interstitials,” “ParasitewareTM,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets,” or “deceptive pop-ups and/or pop-unders” to customers from the moment they click on a qualifying link until they have left FilmLocal’s site entirely. This means that no page or content from FilmLocal can be visible on the customer’s screen during this time. In this context, “ParasitewareTM” and “Parasitic Marketing” refer to applications that overwrite commission tracking cookies, intercept searches to redirect traffic, set commission tracking cookies through hidden links or pop-ups, target contextual marketing, or remove, replace or block affiliate banners on websites not owned 100% by the application owner. If you violate this rule, you will be banned from the FilmLocal Affiliate Program.

18. r)  For the duration that you are actively enrolled in our Affiliate Program, we are granting you a non-transferable and revocable right to access our site through HTML links and to use our logos, trade names, trademarks, and other identifying material (collectively, the “Licensed Materials”) that we provide to you or authorize for such purpose. You can only use the Licensed Materials if you are a member in good standing of FilmLocal’s Affiliate Program. All use of the Licensed Materials must be for the benefit of FilmLocal, and any goodwill that results from such use will solely belong to FilmLocal.

19. s)  You must not use the Licensed Materials in any manner that is disparaging, misleading, obscene or that otherwise portrays us in a negative light. We reserve all rights in the Licensed Materials. Other than the license granted herein, we retain all rights, titles, and interests to our rights and no right, title, or interest are transferred to you.

20. t)  You acknowledge and agree that you are working as an independent contractor, and your participation in our Affiliate Program does not create a partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and FilmLocal. You have no authority to make or accept any offers or representations on our behalf, and you cannot make any statement that contradicts this section, whether it’s on your website or social media or elsewhere.

We encourage open and honest communication, so please do not hesitate to contact us if you have any inquiries. For the fastest response, please send us an email at support@filmlocal.com.

5. JOB POSTINGS

1. a)  Applying to Jobs: In order to apply to the jobs posted on the job board of the platform, you must have an account and maintain an active paid subscription of Key Membership. While there is a free account option available on the platform, access to job applications requires a paid subscription to Key Membership.

2. b)  Key Membership: By creating an account and subscribing to Key Membership, you gain the ability to apply to the job postings available on FilmLocal’s job board. The Key Membership subscription provides enhanced features and privileges beyond those offered with the free account option. FilmLocal reserves the right to modify the features and availability of the Key Membership subscription at any time. Changes to the subscription terms will be communicated to existing subscribers via email or through prominent notifications on the platform.

3. c)  No Refund: The subscription fees associated with Key Membership are non-refundable unless otherwise stated in our Cancellation & Refund Policy.

4. d)  Acknowledgement: By applying to jobs on FilmLocal’s job board, you acknowledge and agree to the following:

1. You must have an active account on FilmLocal.

2. You must maintain an active paid subscription of Key Membership to access and apply to job postings.

3. The subscription fees for Key Membership are non-refundable, except as explicitly mentioned in the Cancellation & Refund Policy.

4. FilmLocal may modify the features and availability of the Key Membership subscription at any time.

5. You will report any suspicious or fraudulent job listings or activities to FilmLocal.

e) Disclaimer and Limitation of Liability Regarding Job Postings

FilmLocal as a Platform and User Responsibilities:

FilmLocal operates an online job board platform (“Platform”) that connects job seekers with potential employers. We strive to create a valuable and secure environment by facilitating communication between these parties. However, it’s important to understand that FilmLocal functions as a platform for job listings. We are not an employment agency and cannot independently verify the accuracy or legitimacy of every job posting.

We rely on employers to submit truthful and complete information about their available positions. Likewise, job seekers have a responsibility to exercise caution and conduct thorough due diligence before responding to job offers on the Platform. This includes, but is not limited to:

i. Verifying Employer Legitimacy: Research the company’s website, social media presence, and online reviews. Look for inconsistencies or red flags that may indicate a fraudulent organization.

ii. Scrutinizing Job Details: Carefully review the job description, duties, and qualifications. Be wary of offers that seem too good to be true or lack specific details.

iii. Protecting Personal Information: Only share necessary information during the application process. Be cautious about disclosing sensitive data like social security numbers or financial details until you’ve confirmed the employer’s legitimacy.

iv. Understanding the Hiring Process: Applying for a job on FilmLocal doesn’t guarantee an interview or employment. The hiring decision rests solely with the employer.

We encourage users to familiarize themselves with common job scams and to report any suspicious activity using the procedures outlined below.

Reporting Suspicious Activity:

If you suspect a job posting may be fraudulent or misleading, please report it to us immediately. We take such reports seriously and will investigate them promptly. You can report suspicious activity through the following methods:

Email: support@filmlocal.com
Online Form: https://filmlocal.com/contact-us/

Our Efforts to Mitigate Fraud:

While we cannot guarantee the complete absence of fraudulent postings, FilmLocal actively works to maintain a safe and secure platform. We utilize a combination of automated systems and manual review processes to identify and remove suspicious job listings. This includes screening for keywords and patterns commonly associated with job scams.

Limitation of Liability and User Assumption of Risk:

To the fullest extent permitted by applicable law, FilmLocal disclaims all liability for any harm or loss resulting from a user’s interaction with a fraudulent or misleading job posting on the Platform. This includes, but is not limited to, financial loss, identity theft, emotional distress, or any other damages arising from such interaction.

By using the Platform, you acknowledge and assume the risk that some job postings may be fraudulent or misleading. You agree to hold FilmLocal harmless from any and all claims, demands, losses, liabilities, and costs (including reasonable attorneys’ fees) arising out of or related to your use of the Platform, including, but not limited to, your interaction with any job posting

6. OUR OWNERSHIP RIGHTS

Our website, domain (https://filmlocal.com/), platform, blogs, articles, resources, logos, FilmLocal Content, designs, trademarks, trade dress, trade name, all of our features, functionalities and services, shall remain the sole property of FilmLocal, and/or its licensors, as the case may be. Your use of or access to our Site or Platform or availing of our services shall not in any way transfer or assign to you any ownership or other proprietary rights in or to this Platform, our services, any content (except your own content), designs, published by us or our licensors or third parties. This Platform and the content, including but not limited to the trademark, logo, copyright, design, layout, typography, underlying HTML, Java scripts, text, audio clips, video clips and graphics, and in the expression of the information contained herein, whether as a compilation or otherwise is protected by relevant intellectual property laws, rules and regulations. Trademarks, trade names and designs appearing on this Platform are the exclusive property of, or are licensed to the FilmLocal and are protected under applicable law. No use of a trademark, trade dress, trade name, content or design appearing on our website may be made without the prior written permission of FilmLocal.

7. YOUR LICENSE TO OUR CONTENT

1. 1. a)  License: At FilmLocal, we offer access to various blogs, articles, insights, and other resources for general information purposes. When you get an access to any of this content, you get a license to view the content strictly on a non-exclusive basis. Don’t try to transfer or republish or distribute or resell such content in any way. You shall also not share your account information with anyone else, illegally download the content hosted on the platform or share with any third-party or sell it or distribute it or publish it anywhere.

   2. b)  Description of License: We own all the rights, copyright and other intellectual property rights in respect such content. We only grant you a limited, non-exclusive, non-transferable, non- sublicensable license to access and view all such content for which you have paid all required fees (unless its free), solely, in accordance with these Terms, for such period as long as you are a paid member (except for free content). All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, sublicense, or otherwise transfer any such content, unless we provide you with an explicit permission to do so.

   3. c)  Reservation of Right: We reserve the right to revoke any license to any such content at any point in time in the event where we decide or are obligated to disable access due to legal or policy reasons or due to your infringement.

8. YOUR CONTENT AND OUR RIGHTS

1. 1. a)  Your Content is yours: The content uploaded by you on the platform, such as articles, resumes, rentals, etc. may be protected by intellectual property laws. You own the intellectual property rights in any such content that you share on the Platform. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content (except defamatory one) with anyone else, wherever you want.

   2. b)  License: However, to provide our Services we need you to give us some legal permissions (known as a ‘license’) to use this content of yours. This is solely for the purposes of providing and improving our Services.

c) Description of License: Specifically, when you share a content that is covered by intellectual property rights, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, publish, distribute, publicly display, and translate your content. However, we do not have any responsibility to use or display any part of your content on the Platform. We retain the right to display the same at our own discretion. For example, if we find it untrue, defamatory, misleading or false, unrelated to the theme of the platform, we might not display the same.

d) Terminating the License: You can end this license for specific content by deleting such content from our Platform, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.

9. CONTENT POSTED BY OTHER MEMBERS

While using our Platform and our Services, you may encounter content (such as jobs, articles, rentals, workshops, events, etc.) that is posted by other Members. All rights to such content are owned by the respective Member, as the case may be. Moreover, there is a likelihood that such information or job or content be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. FilmLocal generally does review content provided by our Members. We disclaim all guarantees and liabilities in this respect. However, if you come across a content that is hosted on our Platform, and is against any of our policies or Community Guidelines, you can report that content to us at support@filmlocal.com.

10. PRIVACY POLICY

In order to see what data and personal information we collect and how we use or store or share such data, please refer to the detailed Privacy Policy statement available on our website.

11. SUBSCRIPTIONS AND PAYMENTS

All paid services are subject to payment, and you agree to pay for the services that you purchase on our website, and you authorize us (or our third-party payment service providers) to charge your debit or credit card or process other means of payment for those payments. You shall be responsible to borne all the applicable taxes (wherever applicable). All subscriptions renew automatically at the end of the current billing cycle, unless cancelled before. We do not grant refunds for partial use or non-use of our services. Further, we reserve the right to modify the prices of our subscription packages, and/or add new subscription packages, at our sole discretion with or without notice. We also reserve the right to discontinue any part of the Site, at any time at our sole discretion, without any prior notice. You may cancel the subscription at anytime, however it will only be cancelled at the end of your current billing cycle. For more information, please refer to our Cancellation & Refund Policy posted on our website.

12. RESPONSIBILITY OF DATA MANAGEMENT

You are solely responsible for the personal information and other data shared by you at our platform while availing our services. Please refer to our Privacy Policy to familiarize yourself with the terms and conditions of collection, use, storage and disclosure of your information in respect of use and access of our services. You are responsible for the protection of your personal data like login id, password, and other sensitive information. You are solely liable for storing and managing the data and information that is stored on your account. We expressly disclaim any obligation or consequent liability and shall not be responsible for the loss or management of such data.

13. AFFILIATE DISCLAIMER

This website as well as our community might contain certain product and service affiliate links. We may receive a commission if you make a purchase after clicking on any one of these links. We are not affiliated with the third-parties whose products or services are advertised by us in any manner whatsoever. We do our best to keep things fair and balanced in order to assist you in making the best decision for you. However, as the Site might contain links to third-party websites, products and services, and such third-party links are not under our control, and we are not responsible for any third-party links, products or services. Company provides access to these third-party links only as a convenience to you, and does not always review, approve, monitor, endorse, warrant, or make any representations with respect to third-party links. You shall use all third-party links, and purchase all third-party products or services at your own risk, and should apply a suitable level of caution and discretion in doing so. Whenever you click on such links, you are taken to such third-party website, and you get out of the jurisdiction of our Site. Therefore, you shall be governed by the terms, privacy policy and other policies of such third-party websites and we suggest that you read those policies. In case of any damage due to such action of third-party links, or their products or services, we shall not be responsible.

14. LEGAL DISCLAIMER

1. a)  The information provided on this website or in our content or community is for general informational purposes only.

2. b)  While using our platform and our services, you may encounter content or information or jobs that are posted by our FilmLocal Community. Therefore, there is a likelihood that such information or content could be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. FilmLocal generally does not review content posted by our community members. We cannot always prevent this misuse of our services. Therefore, you agree that we are only an intermediary platform, and are not liable or responsible for such content or information or job postings. You must act cautiously while dealing with any job opportunity, or interacting with the candidate or employer, as the case may be.

3. c)  You acknowledge that (1) FilmLocal is not responsible for the offering, performance or procurement of the jobs, (2) FilmLocal does not endorse any particular company’s jobs, and (3) nothing shall create an employment, agency, or joint venture relationship between FilmLocal and any member. If you are hiring the candidates, you represent and warrant that you have all the required licenses, and will comply with all the applicable employment laws.

4. d)  We are only an intermediary platform that connects the community. You acknowledge and undertake that you are accessing the services on the platform and transacting at your own risk and are using your best and prudent judgment before entering into any such transactions. We do not verify the background of any of the members, nor do we verify the genuineness of the job opportunities posted by the members or affiliates, and therefore we disclaim all warranties or guarantees in this respect whatsoever.

5. e)  The site, our services, blogs, articles, directories, workshops, events, resources, affiliate links, other content, community, and materials are provided on an “as-is” and “as available” basis, and FilmLocal (and our owners, licensors and affiliates) expressly disclaims any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of quality, suitability, reliability, completeness, safety, fitness for a particular purpose, or accuracy of the same. We make no warranty that the Site or blogs or articles or directories or workshops or events or resources or affiliate links or services will meet your expectations, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, complete, or legal.

6. f)  You alone are responsible and accountable for your decisions, actions and results in life, and by your use of the website or our services, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.

15. LIMITATION OF LIABILITY

To the maximum extent permitted by law, in no event shall FilmLocal (or our licensors or affiliates) be liable to you, or any third party for any career loss, financial loss, fraud, loss occurred due to reliance placed on the content of the other members or our content or our Affiliate Program, costs of procurement of substitute services, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these Terms or your use of, or inability to use the Platform, even if FilmLocal has been advised of the possibility of such damages. Access to, and use of, the Platform and its content and community is at your own discretion and risk, and you will be solely responsible for any damage resulting therefrom. To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to these Terms (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the amount paid by you to us in the last one month. The existence of more than one claim will not enlarge this limit. In case where the Site is down, either due to planned maintenance or due to some technical glitch or error, we will not be liable to compensate you for any reason whatsoever. However, we will try to bring our website up and running as soon as practicable.

16. INDEMNITY

You acknowledge to defend, indemnify, and hold FilmLocal, its owners, affiliates, directors, officers, employees, agents, partners, and any other licensors (hereinafter referred to as “Indemnified Party”) harmless from and against any claim, disputes, fine, liability, demand or expense, including reasonable Lawyer’ fees, made by a third party, relating to, or arising from:

1. a)  Your violation of ours or any third-party right;

2. b)  Your wrongful or improper use of our services, content, or Platform;

3. c)  Your violation of any applicable laws, rules or regulations;

4. d)  Your violation of these Terms, or any other policy of FilmLocal as associated with our Services;

5. e)  The indemnifications set forth above will survive the termination or expiration of these Terms and/or your use of our Services or content.

17. GOVERNING LAW AND DISPUTE RESOLUTION

1. Governing Law: these Terms and any dispute arising from the same will be governed by applicable laws of Canada, without regard to its conflict of law provisions.

2. Exclusive Jurisdiction: All disputes must first be attempted to be resolved amicably, failing which, such controversy, conflict or dispute shall be finally settled by bringing it exclusively before the appropriate courts situated in Vancouver, Canada.

3. Disputes between Members inter-se: You understand and acknowledge that FilmLocal is a mere facilitator between the Members when it offers an access to its community, and we in no way are responsible for the behavior or conduct of the other members. Therefore, if you have any claim or dispute against another member, you undertake to take it up directly with the concerned member. FilmLocal shall not mediate or resolve such disputes, and nor shall become a party to such disputes. However, if you believe that a member has violated our Terms or applicable law or any other policy of FilmLocal, you can file your complaint at support@filmlocal.com and we will take necessary action in accordance with our policies and applicable law.

18. Notices

When you use the Platform or send emails to FilmLocal, you are communicating with us electronically. You consent to receive electronically any communications related to your use of this Platform. FilmLocal will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. We may give notice by means of a general notice via electronic mail to your email address as available with us. If you want to give a notice to us, you can do so by dropping an electronic mail to support@filmlocal.com.

19. Miscellaneous

1. Independent Legal Advice: It is your obligation to obtain independent legal advice at your own expense to ensure you understand the provisions of these Terms.

2. Headings: The section headings are for convenience only and shall not control or affect the meaning or construction of any provision of these Terms.

3. Breach: FilmLocal reserves the right to put any account on hold or permanently disable accounts, disable/terminate access to purchased content, takedown any text or content, due to breach of these Terms & Conditions and/or our other policies or due to any illegal or inappropriate use of the Platform or Services, without being liable to refund your unutilized portion of your subscription.

4. Feedback Rights: To the extent that you provide FilmLocal with any comments, suggestions or other feedback regarding the FilmLocal platform or Site, as well as other FilmLocal services (collective, the “Feedback”), you will be deemed to have granted FilmLocal an exclusive, royalty- free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. FilmLocal is under no obligation to implement any Feedback it may receive from users.

5. Targeted Abuse: We do not tolerate users who engage in targeted abuse or harassment or violence towards other users/members on FilmLocal. This includes creating new multiple accounts to harass or abuse other members in any manner whatsoever.

6. Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect.

7. Waiver: Our failure to insist on or enforce strict performance of these Terms shall not be construed as a waiver by us of any provision or any right that we have to enforce these Terms and nor shall any course of conduct between FilmLocal and you or any other party be deemed to modify any provision of these Terms.

8. Survival: Notwithstanding any other provisions of these Terms, or any general legal principles to the contrary, any provision of these Terms that imposes or contemplates continuing obligations on either party shall survive the expiration or termination of these Terms, for any reason whatsoever.

9. No Third-Party Beneficiaries: Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.

10. No Assignment: You may not assign these Terms (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of FilmLocal, which may be withheld at FilmLocal’s sole discretion. Any attempted assignment that does not comply with these Terms shall be null and void.

11. Entire Agreement: These Terms, Community Guidelines, Cancellation & Refund Policy, Cookie Policy and our Privacy Policy statement, together with any additional terms and conditions incorporated herein or referred to herein constitute the entire Agreement between FilmLocal and you, relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our Platform.

12. Force Majeure: FilmLocal will be excused from performance for any period during which, and to the extent that, such party or any subcontractor is prevented from performing any obligation or service, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, strikes, communication line failures, power failures or similar inabilities.

13. Updates to these Terms: We may add to or change or update these Terms at any time, from time to time, entirely at our own discretion, with or without any prior written notice. You are responsible for checking these Terms periodically. Your use of the Platform after any amendments to these Terms shall constitute your acceptance to such amendments.

20. Grievance Officer/Designated Representative

In the event you have any grievance regarding anything related to these Terms or Community Guidelines or Cancellation & Refund Policy or Privacy Policy or Cookie Policy, or with any content or service of FilmLocal, in that case you may freely write your concerns to the Grievance Officer/Designated Officer appointed below:

• ●  Name: Troy Woodbeck

• ●  Title: Founder/CEO

• ●  Email: troy@filmlocal.com

• ●  Postal: #1705 – 1005 Jervis Street, Vancouver, BC, V6E 3T1, Canada

  21. Feedback and Information

  We welcome your questions or comments regarding these Terms. You can write to us via email: support@filmlocal.com.

  Last updated on May 23, 2023.