Terms Of Service
Please read these Terms of Service carefully as they contain important information about your legal rights, remedies, and obligations. By accessing or using the Filmplace Platform, you agree to comply with and be bound by these Terms of Service.
By accepting these Terms of Service, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
Last Updated: October 27, 2019
These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and Filmplace (as defined below) governing your access to and use of the Filmplace website, including any subdomains thereof, and any other websites through which Filmplace makes its services available (collectively, "Site"), our mobile, tablet, and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "Filmplace Services"). The Site, Application and Filmplace Services together are hereinafter collectively referred to as the “Filmplace Platform”.
When these Terms mention “Filmplace,” “we,” “us,” or “our,” it refers to the Filmplace you are contracting with. Account as determined by either your express selection or by Filmplace’s assessment of your residence using various data attributes associated with your Filmplace Account.
1. Scope of Filmplace Services
1.1 The Filmplace Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Hosts” and the services they offer are “Host Services”) to publish such Host Services on the Filmplace Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such Host Services (Members using Host Services are “Filmmakers”). Host Services may include the offering of location or other properties for use ("Film Location"), single or multi-day activities in various categories (“Experiences”), access to unique events and locations (“Events”), and a variety of other travel and non-travel related services.
1.2 As the provider of the Filmplace Platform, Filmplace does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Host Services, nor is Filmplace an organizer or retailer of travel packages. Hosts alone are responsible for their Listings and Host Services. When Members make or accept a booking, they are entering into a contract directly with each other. Filmplace is not and does not become a party to or other participants in any contractual relationship between Members, nor is Filmplace a real estate broker or insurer. Filmplace is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.
1.3 While we may help facilitate the resolution of disputes, Filmplace has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Filmplace does not endorse any Member, Listing or Host Services. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Filmplace about any Member, including the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to film in an Location, participate in an Experience or Event or use other Host Services, accept a booking request from a Filmmaker, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by Filmplace of any Host or Listing.
1.4 If you choose to use the Filmplace Platform as a Host or Co-Host (as defined below), your relationship with Filmplace is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Filmplace for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Filmplace. Filmplace does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Host Services. You acknowledge and agree that you have complete discretion on whether to list Host Services or otherwise engage in other business or employment activities.
1.5 To promote the Filmplace Platform and to increase the exposure of Listings to potential Filmmakers, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. Filmplace cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Filmplace Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.
1.6 The Filmplace Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Filmplace is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Filmplace of such Third-Party Services.
1.7 Due to the nature of the Internet, Filmplace cannot guarantee the continuous and uninterrupted availability and accessibility of the Filmplace Platform. Filmplace may restrict the availability of the Filmplace Platform or certain areas or features thereof if this is necessary for view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Filmplace Platform. Filmplace may improve, enhance and modify the Filmplace Platform and introduce new Filmplace Services from time to time.
2. Eligibility, Using the Filmplace Platform, Member Verification
2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the Filmplace Platform or register a Filmplace Account. By accessing or using the Filmplace Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
2.3 Filmplace may make access to and use of the Filmplace Platform, or certain areas or features of the Filmplace Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.
2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity.
2.5 The access to or use of certain areas and features of the Filmplace Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Filmplace Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
2.6 If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the Filmplace Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
3. Modification of these Terms
Filmplace reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Filmplace Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Filmplace Platform will constitute acceptance of the revised Terms.
4. Account Registration
4.1 You must register an account ("Filmplace Account") to access and use certain features of the Filmplace Platform, such as publishing or booking a Listing. If you are registering a Filmplace Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register a Filmplace Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google ("SNS Account"). You have the ability to disable the connection between your Filmplace Account and your SNS Account at any time, by accessing the "Settings" section of the Filmplace Platform.
4.3 You must provide accurate, current and complete information during the registration process and keep your Filmplace Account and public Filmplace Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) Filmplace Account unless Filmplace authorizes you to do so. You may not assign or otherwise transfer your Filmplace Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your Filmplace Account credentials and may not disclose your credentials to any third party. You must immediately notify Filmplace if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Filmplace Account. You are liable for any and all activities conducted through your Filmplace Account unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
4.6 Filmplace may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your Filmplace Account. For example, we may allow eligible Members or certain third parties to book Listings on behalf of other Members, or we may allow Hosts to add other Members as Co-Hosts (as defined below) to help manage their Listings. These features do not require that you share your credentials with any other person. No third party is authorized by Filmplace to ask for your credentials, and you shall not request the credentials of another Member.
5.1 Filmplace may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Filmplace Platform ("Member Content"); and (ii) access and view Member Content and any content that Filmplace itself makes available on or through the Filmplace Platform, including proprietary Filmplace content and any content licensed or authorized for use by or through Filmplace from a third party ("Filmplace Content" and together with Member Content, "Collective Content").
5.2 Subject to your compliance with these Terms, Filmplace grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Filmplace Platform and accessible to you, solely for your personal and non-commercial use.
6. Service Fees
6.1 Filmplace may charge fees to Hosts ("Host Fees") and/or Filmmakers ("Filmmaker Fees") (collectively, "Service Fees") in consideration for the use of the Filmplace Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page.
6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Host or Filmmaker prior to publishing or booking a Listing. Filmplace reserves the right to change the Service Fees at any time and will provide Members adequate notice of any fee changes before they become effective.
6.3 You are responsible for paying any Service Fees that you owe to Filmplace. The applicable Service Fees (including any applicable Taxes) are collected by Filmplace Payments. Filmplace Payments will deduct any Host Fees from the Listing Fee before remitting the payout to the Host. Any Filmmaker Fees are included in the Total Fees collected by Filmplace Payments. Except as otherwise provided on the Filmplace Platform, Service Fees are non-refundable.
8.2 Booking Locations
8.2.1 You understand that a confirmed booking of an Film Location (“Location Booking”) is a limited license granted to you by the Host to enter, occupy and use the Location for the duration of your booking, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Location, in accordance with your agreement with the Host.
8.2.2 You agree to leave the Location no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between you and the Host. If you film past the agreed upon checkout time without the Host's consent (“Overtime”), you no longer have a license to film in the Location and the Host is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Host, for each twenty-four (24) hour period (or any portion thereof) that you Overtime, an additional nightly fee of up to two (2) times the average nightly Listing Fee originally paid by you to cover the inconvenience suffered by the Host, plus all applicable Filmmaker Fees, Taxes, and any legal expenses incurred by the Host to make you leave (collectively, "Overtime Fees"). Overtime Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the Host as a result of such Overtime. If you Overrun at an Location, you authorize Filmplace (via Filmplace Payments) to charge you to collect Overtime Fees. A Security Deposit, if required by a Host, may be applied to any Overtime Fees due for a Filmmaker’s Overtime.
8.3 Booking Experiences, Events and other Host Services
8.3.1 You should carefully review the description of any Experience, Event or other Host Service you intend to book to ensure you (and any additional filmmakers you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Host has specified in their Listing. At your sole discretion you may want to inform the Host of any medical or physical conditions, or other circumstances that may impact your and any additional filmmaker’s ability to participate in any Experience, Event or other Host Service. In addition, certain laws, like the minimum legal drinking age in the location of the Experience, Event or other Host Service, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an Experience, Event or other Host Service.
8.3.2 Before and during an Experience, Event or other Host Service you must at all times adhere to the Hosts’ instructions.
8.3.3 You may not bring any additional individuals to an Experience, Event or other Host Service unless such an individual was added by you as an additional filmmaker during the booking process on the Filmplace Platform.
8.4 Filmplace Travel Credits
Filmplace Travel Credits may be redeemed for eligible bookings via the Filmplace Platform as specified in the terms and conditions provided with the Travel Credit. You may only redeem Filmplace Travel Credits after the Filmplace Travel Credits are reflected in your Filmplace Account.
9. Booking Modifications, Cancellations, and Refunds, Resolution Center
9.1 Hosts and Filmmakers are responsible for any modifications to a booking that they make via the Filmplace Platform or direct Filmplace customer service to make ("Booking Modifications"), and agree to pay any additional Listing Fees, Host Fees or Filmmaker Fees and/or Taxes associated with such Booking Modifications.
9.2 Filmmakers can cancel a confirmed booking at any time pursuant to the Listing’s cancellation policy, and Filmplace Payments will refund the amount of the Total Fees due to the Filmmaker in accordance with such cancellation policy. Unless extenuating circumstances exist, any portion of the Total Fees due to the Host under the applicable cancellation policy will be remitted to the Host by Filmplace Payments pursuant to the Payments Terms.
9.3 If a Host cancels a confirmed booking, the Filmmaker will receive a full refund of the Total Fees for such booking within a commercially reasonable time of the cancellation. In some instances, Filmplace may allow the Filmmaker to apply the refund to a new booking, in which case Filmplace Payments will credit the amount against the Filmmaker’s subsequent booking at the Filmmaker’s direction. Further, Filmplace may publish an automated review on the Listing canceled by the Host indicating that a booking was canceled. In addition, Filmplace may (i) keep the calendar for the listing unavailable or blocked for the dates of the canceled booking, and/or (ii) impose a cancellation fee, unless the Host has a valid reason for canceling the booking pursuant to Filmplace’s Extenuating Circumstances Policy or has legitimate concerns about the Filmmaker’s behavior.
9.4 For Experiences, Events and other Host Services, if inclement weather creates an unsafe or uncomfortable scenario for Filmmakers, Hosts may modify or cancel a Host Service. If there is a substantial change in the itinerary or the Host Service needs to be canceled, Filmplace will work with the Host and/or Filmmakers to provide Filmmakers an alternative date for the Host Service, an appropriate refund or a re-booking.
9.5 In certain circumstances, Filmplace may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions. This may be for reasons set forth in Filmplace's Extenuating Circumstances Policy or (i) where Filmplace believes in good faith while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Filmplace, other Members, third parties or property, or (ii) for any of the reasons set out in these Terms.
9.6 If a Filmmaker suffers a Travel Issue pursuant to the Filmmaker Refund Policy, Filmplace may determine, in its sole discretion, to refund the Filmmaker part or all of the Total Fees in accordance with the Filmmaker Refund Policy.
9.7 If, as a Host, your Filmmaker cancels a confirmed booking or Filmplace decides that it is necessary to cancel a confirmed booking, and Filmplace issues a refund to the Filmmaker in accordance with the Filmmaker Refund Policy, Extenuating Circumstances Policy, or other applicable cancellation policy, you agree that in the event you have already been paid, Filmplace Payments will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Payouts due to you.
9.8 Except as otherwise set out in these Terms, Members may use the Resolution Center to send or request money for refunds, additional Host Services, Co-Host Services or Damage Claims related to bookings. You agree to pay all amounts sent through the Resolution Center in connection with your Filmplace Account, and Filmplace Payments will handle all such payments.
10. Ratings and Reviews
10.1 Within a certain time frame after completing a booking, Filmmakers, and Hosts can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of Filmplace. Ratings and Reviews are not verified by Filmplace for accuracy and may be incorrect or misleading.
10.2 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.
10.3 Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the Filmplace Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.
11. Damage to Locations, Disputes between Members
As a Filmmaker, you are responsible for leaving the Location (including any personal or other property located at the Location) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Location, excluding the Host (and the individuals the Host invites to the Location, if applicable).
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This page is used to inform website visitors regarding our policies with the collection, use, and disclosure of Personal Information if anyone decided to use our Service, the filmplace.co website.
Information Collection and Use
For a better experience, while using our Service, we may require you to provide us with certain personally identifiable information, including but not limited to your name, phone number, and postal address. The information that we collect will be used to contact or identify you.
We want to inform you that whenever you visit our Service, we collect information that your browser sends to us that is called Log Data. This Log Data may include information such as your computer's Internet Protocol (“IP”) address, browser version, pages of our Service that you visit, the time and date of your visit, the time spent on those pages, and other statistics.
Cookies are files with a small amount of data that is commonly used as an anonymous unique identifier. These are sent to your browser from the website that you visit and are stored on your computer's hard drive.
Our website uses these “cookies” to collect information and to improve our Service. You have the option to either accept or refuse these cookies, and know when a cookie is being sent to your computer. If you choose to refuse our cookies, you may not be able to use some portions of our Service.
We may employ third-party companies and individuals due to the following reasons:
- To facilitate our Service;
- To provide the Service on our behalf;
- To perform Service-related services; or
- To assist us in analyzing how our Service is used.
We want to inform our Service users that these third parties have access to your Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.
We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.
Links to Other Sites
Our Services do not address anyone under the age of 13. We do not knowingly collect personally identifiable information from children under 13. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do the necessary actions.