- General
These terms and conditions (the "Terms of Use") govern the relationship between: (i) GENERA FILMS LIMITED (company registration number: 10568836) of 2 Masbro Road, London, United Kingdom, W14 0LT ("Genera Films"), who owns and publishes the website www.generafilms.com (The "Platform"); and (ii) the film festival, production company or other partner that wishes to promote and advertise its products and services on the Platform and has agree to be bound by these Terms of Use (the "Partner" or "you").
- REGISTERING A PROFILE
(A) Partners participate in the Platform by registering a profile ("Profile") that is visible to the users of the Platform ("Customers"). The Platform allows Partners to advertise, promote and communicate about one or more of their goods and/or services (each a "Service").
(B) To register a Profile, the Partner must enter all required details (such as name, email address, password, service category, locations covered, a short description of activities and a link to its website) on the Platform’s online form.
(C) Genera Films reserves the right in its sole discretion at any time to decline to place or delete any Profile that appears to be capable of infringing, or be associated with the infringement of, any provision of these Terms of Use or any third party's intellectual property or other rights.
- THE DASHBOARD
(A) After registration a Partner will be able to contribute advertising copy, company logo and photographs to the Profile that Customers will then be able to view on the Platform.
(B) The Partner will be able to manage its Profile online by accessing the functions provided to create, edit and delete the Profile (the "Dashboard"). In the Dashboard, the Partner will have various functions available that are intended to assist the Partner to manage services offered through the Platform and to keep the Profile updated. These functions, and the Dashboard itself, are made available on an "as is" basis, and Genera Films does not undertake that the Dashboard or its functions will be complete or error-free.
(C) The Partner will have the option to amend the Profile as it sees fit for advertising purposes and to add any discount codes or offers on the Profile through the Dashboard.
(D) The Partner acknowledges that Genera Films does not (although it reserves the right to) monitor or moderate Profile contents, and that Partner is completely and unconditionally liable for any and all claims that arise in respect of the contents of a Profile or Services provided by Partner. Genera Films may, its sole discretion, edit, refuse to post or remove any material submitted to or posted in any Profile or otherwise on the Platform.
- CONTACT BETWEEN PARTNER AND CUSTOMER
(A) The Customer shall be able to contact the Partner via a link to its website or social media link.
(B) Genera Films is not and does not become party to any business or contractual relationship between the Customer and the Partner and does not mediate between the Customer and the Partner in the event of any dispute arising between them. Any terms, conditions, warranties or representations in a written or verbal contract between the Partner and Customer will not bind Genera Films, and Genera Films makes no representations or warranties, implied or otherwise in relation thereto. The foregoing is without prejudice to any third party benefits to which Genera Films is entitled.
(C) The Partner unconditionally releases Genera Films, its affiliated companies, and its and their respective officers, directors, employees, agents, service providers, content providers and licensors from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute between the Partner and a Customer.
- PAYMENT
The Partner shall not be obligated to pay a fee to use and register a Profile on the Platform, provided that Genera Films reserves the right to charge a fee for use of the Platform in the future, upon reasonable notice to the Partner of its determination to do so.
- TERMINATION AND CANCELLATION
(A) Genera Films may terminate its relationship with Partner at any time upon notice to the Partner, provided that if such termination is not subsequent to a material breach by Partner and the Partner has paid a fee to register its Profile, Genera Films will either provide a pro rata refund of the fee paid or keep the Profile active until such time that the period for which such fee applies has elapsed.
(B) Genera Films may immediately terminate this agreement without notice in the event of any conduct by Partner which Genera Films in its sole and absolute discretion considers to be unacceptable or in breach of the Terms of Use or any applicable law or regulation or which does or may tend to expose Genera Films to any liability.
(C) The provisions of the Terms of Use shall survive any termination of the relation for any reason, including, without limitation, indemnification obligations, disclaimers and limitations of liability.
(D) The Partner has the right to terminate its Profile at any time, provided that if Partner has paid a fee in respect of such profile, the fee will not be refunded as a result of such termination.
- RIGHTS AND OBLIGATIONS OF GENERA FILMS
(A) Genera Films shall be entitled to change the layout of the Platform or any Profile page at any time without prior notice.
(B) Genera Films may occasionally undertake upgrades of the Platform in order to address technological developments. Maintenance works are therefore sometimes necessary, which can lead to restrictions on the Platform. Genera Films will, where possible, aim to ensure that maintenance of the Platform that causes any such restriction is undertaken at a time when most Customers’ usage is least affected.
- COPYRIGHT
All content that appears on the Platform, including, without limitation, names, logos, trademarks, images, text, columns, graphics, photographs, illustrations, artwork, software, clips and other elements making up the Platform, are protected by copyright, database, trademarks and other intellectual property rights owned and controlled by Genera Films or by other parties that have licensed or otherwise provided their materials to Genera Films. Reproduction of the Platform by any means, in whole or in part, including the copying of text, graphics or designs, is prohibited.
- FURTHER OBLIGATIONS OF THE PARTNER
(A) The Partner shall submit truthful particulars about its personal identity and only offer in its Profile Services which the Partner is entitled and is in a position to serve to Customers.
(B) The Partner undertakes to provide the Profile information, including all information concerning the Service, fully and accurately, and to keep the information updated. The Partner shall not give misleading particulars about the origin of any information or include details that may conceal the true source of any information.
(C) Partner must keep its account login details secret and not pass them on to third parties. Genera Films will never ask a Partner to disclose this data. If Partner is contacted by third parties and asked for login details, under no circumstances should they impart that data, but must immediately notify Genera Films of the situation. Should Partner notice that its account is being used by an unauthorised third party, it should immediately report the matter to Genera Films and change its password.
- PARTNER RIGHTS TO CONTENT
(A) Where Partner submits to or transmits through the Platform any content of any type, including text or images, the Partner undertakes and warrants that it has the right to do so, and has been granted the necessary consent by any copyright holder, persons featured or Partners of featured items.
(B) To the extent that Partner's Profile and other submissions may contain trademarks, the Partner warrants that it has the right to use them, including sublicensing rights.
(C) By submitting any form of content to the Platform, the Partner permits and hereby grants a royalty-free license to Genera Films to display and disseminate the content in connection with the performance of these Terms of Use.
(D) Genera Films has the right to use a reasonable amount of the content uploaded by the Partner for external marketing purposes.
- INDEMNIFICATION
(A) BY AGREEING TO THESE TERMS OF USE THE PARTNER AGREES TO INDEMNIFY, DEFEND AND HOLD GENERA FILMS AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL FEES, ARISING OUT OF OR RELATING TO ANY BREACH BY PARTNER OF THESE TERMS OR USE OF THE PLATFORM BY THE PARTNER.
(B) IN RELATION TO THIRD PARTY CLAIMS THE PARTNER WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN GENERA FILMS' DEFENSE OF ANY CLAIM. GENERA FILMS RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY THE PARTNER, AND THE PARTNER SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT GENERA FILMS' WRITTEN CONSENT.
- PROHIBITIONS
(A) The Partner shall not, directly or indirectly:
(i) Except as permitted, with respect to the Platform, its content, and databases comprised in the Platform, in any form, whether by using automatic devices or manual processes, exploit, copy, distribute, reproduce, edit, translate, make publicly accessible or decompile any of the same;
(ii) Monitor content on the Platform by means of robots, spiders, or other automatic instruments
(iii) Use the Platform for purposes other than those referred to in these Terms of Use;
(iv) Use the Platform or the tools and services on the Platform for the purpose of offering a service other than a Service under a valid Profile;
(v) Reproduce any portion of the Platform on another website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Platform, or any other framing technique to enclose any portion or aspect of the Platform, or mirror or replicate any portion of the Platform;
(vi) Use or access the Platform in any way that might endanger any computer system or network, including by making available any virus (for which purpose, “virus” includes any program introduced into a system deliberately which carries out a useless and/or destructive function, such as displaying an irritating message or systematically over-writing the information on a user's hard disk);
(vii) Post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material; or
(viii) Refer to Genera Films in any way that might lead someone to believe that the Partner, any Service, Profile or linked website is endorsed by Genera Films.
- GENERA FILMS' LIMITED LIABILITY
(A) The Partner acknowledges that it uses the Platform at its own risk and that, subject to the limitations set out herein, Genera Films shall not be liable for any loss (whether direct, indirect, incidental or consequential damages) resulting from the Partner's use of the Platform. In the event of breach by Genera Films of these Terms of Use the remedies of the Partner shall be limited to damages which shall in no circumstances exceed the Fee.
(B) Genera Films makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions or statements contained on the Platform. Reference to any product or third party does not constitute or imply its endorsement or recommendation by Genera Films.
(C) Nothing in these terms excludes or limits Genera Films' liability for death or personal injury arising from Genera Films' negligence, or Genera Films' fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
(D) To the extent permitted by law, Genera Films excludes all conditions, warranties, representations or other terms which may apply to the Platform or any content on it, whether express or implied.
(E) Genera Films makes every effort to check and test the Platform however it does not guarantee that it will be secure or free from viruses or bugs. Genera Films cannot accept any responsibility for any loss, disruption or damage to the Partner's data or computer system which may occur whilst using the Platform.
- MISCELLANEOUS PROVISIONS
(A) These Terms of Use are governed by English law and all disputes are subject to the exclusive jurisdictions of the courts of England and Wales.
(B) These Terms of Use contain the entire agreement between Genera Films and Partner relating to their subject matter. Genera Films recommends that the Partner saves his/her own copy of these Terms of Use in a separate file on its PC or in print-out form. (B) If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these terms, which will remain in full force and effect.
(C) Genera Films’ failure to act with respect to a breach of these Terms of Use by the Partner or others does not waive Genera Films’ right to act with respect to subsequent or similar breaches. Genera Films will not be responsible for any breach of these Terms of Use caused by circumstances beyond its reasonable control, including without limitation, acts of god, war, terrorism or technical difficulties.
(D) Genera Films reserves the right to transfer these Terms of Use, and to assign or subcontract any or all of its rights and obligations under these Terms of Use, to a third party.
- PRIVACY
Please click on this link to access our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us: The Privacy Policy forms part of these Terms of Use.