PLACE MY FILMS (hereinafter, “PLACE MY FILMS” or “PMF”) is an innovative resource for independent filmmakers, producers, their functional equivalents, agents, and/or other users (hereinafter, “filmmaker” and/or “user”). The platform enables its users to submit their film, script synopsis, television shows, and other viewable media (hereinafter, “movies”) by uploading them via the PMF website to be considered by PLACE MY FILMS for potential publication approval, publication, and viewing on PMF’s sister system, CynemaTV, or on any other system which PLACE MY FILMS may in future select at its sole discretion and with reasonable notice to the filmmaker.
PLACE MY FILMS may make changes to these Terms as needed. These Terms will be updated accordingly on the PLACE MY FILMS website, and the user should visit the site to review them regularly. If the filmmaker is a current active account holder and/or current Service participant at the time that the change in Terms is posted and becomes effective and if the change in Terms is material, PMF will also send an email to the email address that the filmmaker most recently provided to PMF prior to the material change taking effect. Any material change to these Terms will be effective automatically 30 days after the revised Terms are first posted on the PLACE MY FILMS website.
Age Limitations: The Services are not intended to be used by children (those people under the age of 18, the age of majority) without involvement and approval of a parent or guardian. Please note that users of the PMF website and/or Services must be at least 18 years of age in order to submit any movies to PLACE MY FILMS.
Ownership: PLACE MY FILMS owns and retains all rights to the PLACE MY FILMS system, website, identifying marks, name, and PMF Services offered under the various program levels described on the PLACE MY FILMS website.
The Content: Any movie submitted for review by PLACE MY FILMS is the property of the submitting filmmaker. However, upon approval of the movie for publication by PLACE MY FILMS, the filmmaker will have given an irrevocable license to PLACE MY FILMS to publish the accepted movie via CynemaTV or via any other publishing entity to which PLACE MY FILMS may assign the movie.
Content Quality, Publication Approval Determinations, and Publication. PLACE MY FILMS and CynemaTV use various technologies to provide viewers with an optimal viewing experience. To further that objective, quality of scripts and movie content, including but not limited to resolution, will be judged and determined at the sole discretion of PLACE MY FILMS. PLACE MY FILMS will IN ITS SOLE DISCRETION determine whether a movie will be approved for publication (i.e., determined suitable and approved for placement on a PMF-selected platform for viewing through the PLACE MY FILMS services) and placed for viewing on CynemaTV or on any other service to which PLACE MY FILMS may assign the movie.
PLACE MY FILMS reserves the right to immediately terminate or restrict the user’s account or use of PMF’s Services at any time, without notice or liability, if PLACE MY FILMS determines or reasonably believes in its sole discretion that the user has breached these Terms, violated any law, rule, or regulation, engaged in other inappropriate conduct (including but not limited to submission of pornographic material), or for any other business reason. PLACE MY FILMS would prefer to avoid such termination; thus, PLACE MY FILMS may, in its sole discretion, remove the offending filmmaker’s movie from circulation and/or discontinue some or all services to the account holder without refund of fees paid, and the filmmaker agrees to be bound by PMF’s decision. PLACE MY FILMS also reserves the right to take appropriate legal action against the filmmaker, if deemed necessary, for any impact believed to have been inflicted on PLACE MY FILMS or its users by the filmmaker’s offending actions.
PLACE MY FILMS regularly assesses its services and reserves the right to change services offered with notice to current filmmakers potentially affected by those service changes. Such notification will be made prior to the implementation of said changes and will be transmitted via email to the user’s most recently provided email address and via posting said proposed changes to the PMF website. Regular visits to the site to check for such changes is recommended.
No film or script synopsis may be submitted via the website or otherwise submitted or accepted for review without selection of a submission package and payment of the corresponding fee. Any film or script synopsis submitted to PLACE MY FILMS without payment of a submission package fee for that film will be disposed of with no PMF review and with no liability on PMF’s part. A separate submission package must be purchased for each movie submitted. All submission package fees paid are non-refundable irrespective of publication approval (or suitability) determination(s), publication or lack thereof, withdrawal of film by PMF, circumstances beyond the control of PMF, and/or termination of the producer’s account.
The filmmaker is responsible for any and all use(s) of the filmmaker’s PMF account by the filmmaker and/or by any third party, including use of the filmmaker’s account by other members of the filmmaker’s household, family, or company. By allowing others to access the PMF account or to perform any actions within the account, the filmmaker agrees to be responsible for ensuring that those third parties comply with these Terms and the filmmaker agrees to be responsible for their activity using the Services.
All registration information submitted must be accurate and must be kept updated. Because the filmmaker is responsible for all use of account, including unauthorized use by any third-party, the filmmaker is advised to exercise care and to guard the security and confidentiality of the PMF account password. No PLACE MY FILMS representative will ask for your password, and it will not be revealed to or accessed by PMF staff. Please notify PMF using the customer support form from our Help Center at PLACE MY FILMS.com/help if any unauthorized use of the user’s PMF account is suspected.
PLACE MY FILMS offers the account holder certain rights, including the right to access information about and delete the account and all associated profiles. Information on how to exercise these rights may be located by logging in on the PLACE MY FILMS Site and viewing the account details. A user may delete his/her account with PMF; however, a deleted account does not entitle the producer or account holder to a refund of fees paid. Please see the section “FEES” above for further information.
Third-Party Destinations. PMF may provide links or pointers to other websites or destinations. It must not be inferred or assumed that PLACE MY FILMS operates, controls, or is otherwise connected with these other websites or destinations. PMF will not warn the user that he/she has left the PMF website and/or services and is subject to the terms and conditions (including privacy policies) of another website or destination when he/she clicks on a link within the Services.
These Terms do not govern use of any other website or destination. PLACE MY FILMS is not responsible for the content or practices of any website or destination other than the PLACE MY FILMS Site, even if it links to the PLACE MY FILMS Site and even if the website or destination is operated by a company affiliated or otherwise connected with PLACE MY FILMS. By using the PMF website and/or Services, the user acknowledges and agrees that PLACE MY FILMS is not responsible or liable to the user for any content or other materials hosted and served from any third-party’s website or destination.
PLACE MY FILMS, the PLACE MY FILMS logo, and other PLACE MY FILMS marks, graphics, logos, scripts, and sounds are trademarks of PLACE MY FILMS. None of the PLACE MY FILMS trademarks may be copied, downloaded, or otherwise exploited.
The PLACE MY FILMS concept, process(es), and system(s) are the intellectual property of PMF and may not be copied, duplicated, or otherwise reproduced for commercial or other purposes without the express written consent of PLACE MY FILMS.
The PLACE MY FILMS website is the intellectual property of PMF and may not be copied, duplicated, or otherwise reproduced for commercial or other purposes without the express written consent of PLACE MY FILMS.
PLACE MY FILMS does not to accept unsolicited submissions, including but not limited to scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas, or concepts. The PLACE MY FILMS policy is to delete any such submission without reading or otherwise reviewing it. Therefore, any similarity between an unsolicited submission and any elements in any PLACE MY FILMS creative work, including a film, series, story, title, or concept, would be purely coincidental.
WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE SERVICES, YOU AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, INCLUDING THE PLACE MY FILMS SITE, THE CONTENT, THE SERVER, THE FEATURES, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON THE WEBSITE OR PROVIDED THROUGH THE PMF SERVICES, ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, PLACE MY FILMS DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT ANY DIGITAL OR COMPUTER-RELIANT SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
IN NO EVENT SHALL PLACE MY FILMS OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING BUT NOT LIMITED TO EDITORS AND CONTENT PROGRAMMERS) (COLLECTIVELY, THE “PLACE MY FILMS PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SERVICES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE PLACE MY FILMS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. HOWEVER, CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO THAT USER. NOTHING IN THESE TERMS SHALL AFFECT ANY NON WAIVABLE STATUTORY RIGHTS THAT APPLY TO THAT USER. IN NO EVENT, THOUGH, SHALL PMF’S TOTAL LIABILITY TO THAT USER FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY THAT USER TO PLACE MY FILMS FOR ACCESS TO THE SELECTED PACKAGE OF SERVICES, FOR THE SPECIFIC MOVIE FOR WHICH THE PACKAGE WAS PURCHASED AND/OR FOR THE SPECIFIC MOVIE ITSELF IN THE 6 MONTHS PRECEDING THE CLAIM OR $50, WHICHEVER IS GREATER.
THE USER AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE PLACE MY FILMS PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO THE USER’S BREACH OR ALLEGED BREACH OF THESE TERMS OR THE FILMMAKER’S USE OR MISUSE OF THE SERVICES (INCLUDING THE FILMMAKER’S USE OF THE CONTENT). PLACE MY FILMS RESERVES THE RIGHT, FOR GOOD CAUSE AND/OR IN PMF’S BEST INTERESTS (USING A “REASONABLE PERSON SIMILARLY SITUATED” STANDARD) TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY THE USER. THE USER SHOULD EXPECT TO INCUR ADDITIONAL ATTORNEY FEES (TO BE DETERMINED BY THE TRIBUNAL) IN THE EVENT THAT PMF IS FORCED TO TAKE SUCH ACTION UNDER THE TERMS STATED ABOVE.
If the user believes that any Content, User Material, or other material provided through the Services, including through a link, infringes his/her copyright, he/she should notify PLACE MY FILMS of the user’s infringement claim in accordance with the procedure set forth below.
MF will process each notice of alleged infringement that PLACE MY FILMS receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to PLACE MY FILMS via the company’s copyright agent at [email protected] (subject line: “Copyright Infringement Takedown Request”). You may also contact us by mail at:
Attention: Copyright Agent
PLACE MY FILMS, LLC
Post Office Box 3225
Rock Hill, SC. 29732
To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that is claimed to have been infringed; (iii) a reasonably sufficient description of where the material that the user claims is infringing is located on the Services to enable PLACE MY FILMS to identify and locate the material; (iv) how PLACE MY FILMS can contact the user (address, telephone number, and/or email address); (v) a statement explaining the user’s good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by the user that the above information in the user’s notice is accurate and under penalty of perjury that the user is authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material. Emails sent to [email protected] for purposes other than communication about copyright infringement may not be answered.
PLACE MY FILMS has a policy of terminating repeat infringers in appropriate circumstances.
PLEASE READ THIS CAREFULLY. If an issue arises with the Services, please contact PMF’s customer service team through the Help Center at [email protected]. By using the website and/or the PMF Services, the user agrees that the user and PLACE MY FILMS will first discuss any issue(s) that the user cannot resolve using the Help Center informally for at least 60 days before commencing an arbitration proceeding. To initiate that process, the user must send his/her full name and contact information, his/her concern and his/her proposed solution by mail to PMF at:
PLACE MY FILMS, LLC.
Post Office Box 3225
Rock Hill, South Carolina 29732
Attn: Legal Department
THE USER AND PLACE MY FILMS AGREE TO ARBITRATE IN EACH PARTY’S INDIVIDUAL CAPACITY ONLY, NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS, AND EACH PARTY EXPRESSLY WAIVES ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. No arbitration or proceeding can be combined with another without the prior written consent of the user, PLACE MY FILMS, and any other parties to the arbitration or proceedings.
For convenience, arbitration may be conducted in-person, through the submission of documents, by phone, or online. Proceedings that cannot be conducted through the submission of documents, by phone, or online, will take place in York County, South Carolina. The arbitrator’s decision will be binding and final (except for a limited right of appeal under the U.S. Federal Arbitration Act) and may be entered as a judgment in any court of competent jurisdiction. Please note that nothing in this section shall be construed as consent by PLACE MY FILMS to the jurisdiction of any other court regarding disputes not covered by these Terms.
The party initiating the claim to be decided by arbitration is responsible for paying the filing fee. However, if the arbitrator issues an award of damages favorable to the user and: (i) that award is greater than the amount of PMF’s last written settlement offer; or (ii) if PMF did not make a settlement offer, then in addition to paying for PMF’s share of the arbitration fees, PMF will reimburse the user for the filing fees that he/she incurred.
As an exception to this arbitration agreement, PLACE MY FILMS is happy to give the user the right to pursue in small claims court in York County, South Carolina any claim that is within that court’s jurisdiction, as long as the user proceeds only on an individual basis.
This arbitration provision shall survive termination of this Agreement and/or the termination of your Place My Films membership.
Choice of Law and Forum. These Terms are governed by, and construed in accordance with, the laws of the State of South Carolina without giving effect to principles of conflicts of law. To the extent that the arbitration provision outlined in Section 13 is not applicable (e.g., when confirming an arbitration award), the user and PLACE MY FILMS agree to submit to the exclusive jurisdiction of the courts located in York County, South Carolina.
No Waiver/Reliance. Any violation of these Terms should be reported to [email protected] (subject line: “TOU Violation”). PLACE MY FILMS will determine if and how to respond. PMF’s decision to delay exercising or enforcing any right or remedy under these Terms shall not constitute a waiver of such right or remedy with respect to any party. Even if PLACE MY FILMS responds in a way that appears to the user to be inconsistent with these Terms, PMF’s response shall not be deemed a waiver or constructive amendment of these Terms.
Occasionally, PMF may communicate with the user about the Services and these Terms electronically (e.g., emails to the user’s registered email address and/or notices on the PLACE MY FILMS Site). The user consents to receive electronic communications from PLACE MY FILMS and further agrees that any notices, agreements, disclosures, and other communications that PMF sends to the user electronically will satisfy any applicable legal notification requirements.
Survival. The provisions of these Terms which by their nature should survive cancellation or deletion of the user’s Account shall survive such cancellation or deletion.
Thank you for taking the time to read these Terms. By understanding and agreeing to follow these Terms, the experience will be better for all users. It is PMF’s goal to provide the filmmaker with a first class user experience, so if you have any questions or comments about these Terms, please contact us [email protected]. Enjoy the Services!