1. Acceptance of terms

Welcome to FilmTiki. These Terms and Conditions apply to anyone using our services. We at FilmTiki provide our services to you, subject to the following Terms and Conditions ("T&C"). We reserve the right to amend the T&C to comply with existing laws, to address new services or features, or for other reasons we determine necessary. We will make our best effort to notify you when you log on following any changes to our T&C. Every time we update our T&C the date of update will be visible on the top of the T&C page to indicate when any changes have been made. We may supplement these T&C by posting guidelines or rules applicable to specific services in appropriate places on our website, including, but not limited to, a Schedule of Fees and Privacy Policy. By accepting these T&C or using FilmTiki.com, you agree to these T&C and you agree to abide by all guidelines and rules posted on the website.

2. Services

We provide you with access to our site which includes a rich collection of resources intended to help you create marketing and distribution strategies for your film(s). These are our "Services". You agree to use these Services solely for the purpose of promoting and distributing your films. We provide all Services "AS-IS" and we assume no responsibility for the timeliness, deletion, incorrect delivery or failure to store any user communications or personalized settings. Our Services provide you with information such as but not limited to films and film festivals, online platforms and distributors ("Content"). Content is provided to us by users and our in-house researchers. We do not usually preview user-generated Content and cannot always verify its accuracy. Accordingly, we do not guarantee the accuracy of the Content. You must evaluate and bear all risks associated with the use of any Content, including any reliance on its accuracy, completeness, or usefulness. Notwithstanding the above, we reserve the right (but not the obligation) in our sole discretion to refuse, delete or move any Content that is provided to us if we deem the Content offensive, inappropriate, inaccurate or inconsistent with our business.

For the avoidance of doubt, prohibited Content includes but is not restricted to:

• Pornography
• Any content not suitable for people under 18
• Offensive, discriminatory or defamatory material
• Privacy or copyright violation
• Commercial messages

The account of any user who submits content deemed to be prohibited may be deleted or frozen. Any user may contact info@filmtiki.com if you wish to notify us that any information on our website is inaccurate, offensive or inappropriate.

3. Your registration obligations

You agree to provide accurate, current and complete information about yourself and your films as prompted by our registration form and you will maintain and promptly update this information to keep it accurate, current and complete. If you provide information that is inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is inaccurate, not current or incomplete, we may suspend or terminate your account and deny you further access to our website. Further, you accept that your results may not be accurate or useful if the information you provide us is inaccurate.

 4. Member account

You will receive a password and account designation upon completing our registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur using your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and you will log out from your account at the end of each session so that a subsequent user on your computer will not have access to your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.

You agree only to provide us with information that you are authorized to provide us. Prior to providing us with information regarding a film, you will have the permission or authority from all necessary parties. Such parties might include the writers, the directors, the actors, the producers, any copyright holders or trademark holders.

5. User submissions

Any contribution you make to FilmTiki, whether it be by creating, editing or commenting on a Wiki article, or by commenting on Blog posts, News and Feature articles or other content on our site, is considered to be in the public domain. As such, user contributions are open to being copied, re-used, and/or edited by us or by any user of FilmTiki.

6. Security

The information you provide to us and the information we provide to you through our Services involve (a) transmissions over various public networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. By using our Services you grant us all rights necessary to for us to provide you with these Services. We will take reasonable steps to secure the data provided to us. You will not hold us liable if a third party obtains the information through unlawful means. Please see our Privacy Policy for further information.

7. Dealings with advertisers

We may provide links to other websites or resources or advertisers. Because we have no control over such other sites and resources, you will not hold us responsible for the availability of such external sites or resources, or the information, services or products made available on them. While we screen our advertisers to help ensure that the products being advertised are appropriate for our members, you should not expect that we have investigated our advertisers or the products of any website to which we provide a link. We are not endorsing or recommending any products specifically to you. If you choose to purchase goods or services from a source found through our Services, you should fully investigate the product and the providers. You agree that we are not liable for anything related to these providers. We do not stand behind any warranties or guarantees made by these parties. Any relationship between you and such a party is solely between you and the third party and we are not involved. You will not hold us responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

8. Access to our service

You need Internet access to access our Services. You are responsible for obtaining such access to the Internet, including all third party fees associated with that access (such as Internet service provider or airtime charges). If you are charged for bandwidth or for usage time, you may incur charges for distribution or delivery of our advertisements. You are responsible for all such charges and for all equipment necessary to access the Services.

9. Special admonitions for international use

You may be able to access the Services from anywhere in the world. You agree to comply with all local, national or international laws regarding online conduct and acceptable Content. You also agree to comply with all applicable laws regarding the transmission of technical data exported from Austria or to or from the country in which you reside.

10. Indemnity

You agree to indemnify and hold us, (including our employees, officers, shareholders, subsidiaries, affiliates, agents, co-branders or other partners) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of information you submit, post, transmit or make available through our Services, your use of our Services, your connection to our Services, your violation of the T&C, or your violation of any rights of another.

11. General practices regarding use and storage

You acknowledge that we may establish general practices and limits concerning use of the Services, including the maximum number of days that your content is available on our site.

12. Termination or modification

We reserve the right at any time to modify or discontinue, temporarily or permanently, our Services (or any part thereof) with or without notice. Alternatively, we may terminate or limit your access to our Service and remove and discard any information you provide to us at any time for any reason or without a reason. When there is a reason, such reason might include lack of use or if believe that you have violated or acted inconsistently with the letter or spirit of the T&C. You agree that you will not hold us liable to you or any third-party for any termination modification, suspension, or unavailability of our Services.

13. Proprietary rights, limitations on use

Nothing in this T&C statement conveys to you any rights or ownership in our or any other parties' copyrights, trademarks, patents or trade secrets ("Intellectual Property"). Similarly, we do not acquire any right or ownership in your Intellectual Property when you use our Services. However, you do grant us the right to copy, retransmit, encrypt or otherwise manipulate your data for the purposes of storing the information on our system, transmitting it across the Internet or securing it. Without limiting the foregoing, the Services, the Content, the computer software used in connection with the Service ("Software"), the name, "FilmTiki", the names of our advertisers and partners, and the information provided by advertisers are proprietary or contain proprietary information that is protected by applicable intellectual property and other laws. Except as expressly authorized by us (or if applicable our advertisers if the content or name belongs to them), you agree not to copy, redistribute, sell, modify, create derivative works from, decompile, or exploit for any commercial purpose, the Services, the Content, the Software or any trademarks, except as specifically provided for in this T&C. You agree not to access the Services by any means other than through the interface that is provided by us for use in accessing the Service. You agree not to publish or post information on our website that is defamatory, libelous, obscene, or might otherwise be considered unlawful.

Notwithstanding the foregoing, if you have received permission from us, we grant you the nonexclusive right to translate all or any portion of the FilmTiki.com website into non-English languages for the sole purpose of providing such translation or translations ("Translation") to us. You grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, create derivative works from, distribute, and display such Translation throughout the world in any media. You represent and warrant that the Translation is your work and that the Translation is reasonably accurate.

14. Disclaimer of warranties and limiations of liability.

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
 
IF YOU DOWNLOAD MATERIAL OR OTHERWISE OBTAIN IT THROUGH THE USE OF THE SERVICE, YOU WILL DO SO AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, OR LOSS OF DATA, OR ANY OTHER ADVERSE CONSEQUENCE THAT RESULTS FROM THE MATERIAL OR DATA.

EVEN IF WE PROVIDE YOU WITH ADVISE OR INFORMATION EITHER ORALLY OR IN WRITING DIRECTLY OR THROUGH OUR WEBSITE, IT DOES NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS T&C.

LIMITATION OF LIABILITY
 WE ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

15. Subscription

General Agreement

By pressing the "Buy membership" button you are agreeing that you have read the FilmTiki Terms and Conditions and the information below.

This website is mainly in English, therefore the language of this agreement is English.

Subscribing to FilmTiki Tool

When you register on FilmTiki, you are automatically entitled to use the FilmTiki Tool free for your first month. At the end of that month, you can continue to use the Tool by becoming a paid subscriber. Your subscription fee is paid annually, and is non-refundable.

Cost

An annual subscription to the FilmTiki Tool costs EUR 99,95. This price includes VAT. The subscription lasts exactly one year from the day the payment was made.

Cookies

Like most web sites, FilmTiki uses cookies to record your preferences when you visit our site. Some of our affiliates may also use cookies. If you who don’t want to receive cookies you can set your browser to notify you when cookies are sent, refuse cookies from certain web sites, refuse cookies altogether, or delete cookies from your browser. You may lose some functionality if you disable cookies.

Saving your details

When you register on FilmTiki and subscribe to the Tool, we will save your profile and subscription details on our database so that you are able to access your previously submitted queries or Wiki articles. Your personal details are kept confidential by FilmTiki.

Technical Steps of the Payment

After pressing the 'Buy membership' button you will be redirected to the Quenta website, FilmTiki's online payment partner. You will be sent an email confirming the receipt of your payment which you can print or save.

16. Notice

We may provide you with notice via email. Accordingly, you agree to provide us with a working email address and keep this information current using our website. You agree that you will regularly check your email and that notice via email is adequate for any purpose under this T&C. We may also provide notices of changes to the T&C or other matters by displaying notices or links to notices to you generally on the Service. You may provide us notice pursuant to this T&C by sending us email at support@filmtiki.com.

17. General information

When used in this document, "WE" or "OUR" refers to FilmTiki's owners, officer directors and employees. "INCLUDING", unless otherwise stated, means including but not limited to. "T&C" or Terms and Conditions refers to this document, which is an agreement between you and FilmTiki.
This T&C constitutes the entire agreement between you and us and governs your use of the Service, superceding any prior agreements between you and us. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The T&C and the relationship between you and FilmTiki shall be governed by the laws of Austria without regard to its conflict of law provisions. You and FilmTiki agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Vienna, Austria. Our failure to exercise or enforce any right or provision of the T&C shall not constitute a waiver of such right or provision. If any provision of the T&C is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the T&C remain in full force and effect. You agree that regardless of any law to the contrary, any claim or cause of action arising out of or related to use of the Service or the T&C must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the T&C are for convenience only and have no legal or contractual effect.