User Terms and Conditions

FIlmemory's

Overview

Hello and welcome to the website of Filmemory, we thank you for your visit and we inform you that by entering our website and performing any action, you acknowledge and agree to the terms and conditions described hereafter. These Terms and Conditions establish the relationship, agreements and commitments between Filmemory, customers, visitors, users (User), its independent photographers and/or videographers (third-part suppliers) and any other related to the use of Services, which will be governed at any time, reaston and location.

BY ACCESING THE SITE, YOU AKNOWLEDGE AND AGREE THAT YOU HAVE READ AND CAREFULLY UNDERSTAND THESE TERMS AND CONDITIONS BEFORE ACCESSING AND/OR USING THE SERVICES OFFERED BY FILMEMORY, AS YOUR SIMPLE ACCESS AND USE WILL INDICATE THAT YOU ACKNOWLEDGE AND AGREE TO THE TERMS AND CONDITIONS WITHOUT THAT THE SAME MAY BE ALLEGED AS UNKNOWN FOR YOU.

In particular cases determined unilaterally by Filmemory, there may be additional or different conditions to those present, which in each case will be informed to users in a prior and timely manner through notices on the page www.filmemory.com and/or apps that Filmemory uses to offer such Services to the its public. Such additional conditions, when disclosed, will be additional to those here expressed and will be considered an integral part of these. In the case of any contradiction between these additional conditions and the hereby expressed Conditions, the additional conditions will prevail only with respect to the Services for which they were published. In all other respects, the Conditions will always prevail.

Filmemory may modify and/or adjust the Conditions related to the Services when it considers it appropriate, simply by publishing through this location and will be effective at the time they are posted on the webpage.

It is the responsibility of the User to constantly review the Conditions, for which Filmemory will not be responsible for notifying or giving any kind of notice to its users of the adjustments and/or modifications in the Conditions.

By visiting and using www.filmemory.com, which name and domain is property of Filmemory, you as a user, visitor and/or client (the “User”), accept the terms and conditions included in this agreement and declares expressly the acceptance, manifesting their will, terms hereby contained, as well as the applicable legislation. If the User doesn’t accept these Terms and Conditions, he or she must abstain from visiting and using www.filmemory.com

The sole use of this website grants the User the condition and implies the full and unconditional acceptance of any and each of the conditions that are hereby established in the terms and conditions of use in the same moment in which the User access and goes through the start page. Filmemory can update the terms and conditions as required, it is highly encouraging that the User reviews the terms and conditions to confirm latest updates made by Filmemory.

The Privacy Policy is available on the website www.filmemory.com under Privacy Policy. All the collection, disclosures and/or use of data and/or personal information of the Users by Filmemory will be treated in accordance to the Privacy Policy revealed by Filmemory.

The Services

The Services offered by Filmemory constitute a technological platform that allows the User of the page www.filmemory.com, (the Site) as well as of any other app or platform enabled by Filmemory, to contact, recognize the portfolio, plan and reserve the services of photography, videography and/or photograph and/or film/video edition offered by any third-party suppliers of such services in different cities and countries of the world, who offer their services according to an agreement between them and Filmemory. The services offered by the third-party contractors of Filmemory through the Services offered by Filmemory to the Users which are for the personal use and can’t be used for commercial purposes without the prior approval of Filmemory.

The User acknowledges that Filmemory only serves as a connection, contact, intermediate, communication, payment management, and delivery of final product (digital photos and film/video files) between the user and the third-party photographers and/or videographers (Third-party suppliers).

The User acknowledges that Filmemory is NOT a photographic/video/film company and it does NOT provide photography, filmography, or video editing service, and the user is aware that the service of photography, videography and or filmography and editing of these are performed by independent third-party contractors to Filmemory (third party contractors are not employed by Filmemory or any affiliate or related to this) and the service provided by the third party contractors are not responsibility of Filmemory, nor the quality of the final product delivered, which may vary according to different factors such as formats, characteristics, cultural means, tastes, third-party abilities and skills, among others, for which Filmemory is not responsible.

By acquiring the services. The User is responsible of reviewing and knowing the quality of work of the third-party supplier authorized by Filmemory on the Site, in such way that the User decides to obtain the services offered by them without any liability of any kind for said independent third party suppliers or for Filmemory for the gratification or level of satisfaction that the User has of the work that the independent third party providers do after hiring of their professional services.

The Services offered by Filmemory through its website www.filmemory.com and/or any other technological platform that it makes available to Users, will constitute of some or all the following as applicable:

ACCOUNT: The User is at least 18 years old and the creation of a User Account. For this purpose, it’s necessary for the User to register and complete the information requested by Filmemory. User must keep it active in order to use the Services. Account information may include complete name, address, email, cellphone number and a valid payment method for reservations and booking. The user agrees the information is true, correct and accurate, and user is responsible of maintaining accurate and updated information. If information is not correct, this may result in impossibility to access and use the services provided by Filmemory.
ID Verification: At any time, Filmemory and/or independent third-party suppliers registered through the Services, may require an official identification of User in order to initiate or continue with the provisions of the Services or its services by third-party suppliers. User understands that if he/she doesn’t submit said official identification or in the case of not completing it to the entire satisfaction of Filmemory and/or independent third-party suppliers, upon request, the Services offered by Filmemory or its third-party may be denied.
Account Transfers: The User isn’t allowed to transfer the use of its Account to minors or people other than them. The violation of this paragraph shall entail Filmemory’s assembled resolution of this Agreement.
Service Legitimacy: The User hereby undertakes to use the Services offered by Filmemory, as well as the services offered by an independent third-party supplier affiliated with and/or registered with Filmemory, in a legal and legitimate manner, as well as for legal and legitimate purposes or objectives. When the use of the Services offered by Filmemory or by independent third party suppliers results in an illegitimate, illegal or infringement of the rights of a third party or the same User, without Filmemory’s and/or the independent third party supplier being aware or if the violation is evident, the User shall be solely responsible for such action or illegality, having to remove in peace and safely and being responsible for the expenses or damages caused to Filmemory and/or to the independent third-party suppliers for such action or violation to the various legislations. Furthermore, the User undertakes that during the use of the Services offered by Filmemory or any independent third party suppliers, will not cause discomfort, hinder, inhibit, inconvenience or cause damages to the person or property of third parties, including Filmemory and independent third party suppliers. Correspondingly, when Filmemory, its employees and/or collaborators, as well as any independent third-party supplier, perceives, feels, lives or witnesses any hazardous, dangerous, illegal, morally questionable or similar situation, it may deny the provision of the Services and/or services rendered by the independent third party supplier, which may even withdraw or interrupt, suspend or cancel the contracted services, without prior notice to the User and without liability to Filmemory and / or the independent third party supplier.
Booking: Once User has created the Account, User shall select the location of photo and/or video shoot, preferred package and photographer/videographer, time, and date.
Confirmation email: All successfully made bookings through our Site are confirmed via an email to the account holders nominated e-mail address with order confirmation. If you do not receive a confirmation email after it appears as though your payment has been processed or held, it is your responsibility to contact us so that we are aware of the error and can assist in rectifying it. We will not be responsible for any loss suffered by you if you assumed that payment was not made and that an order was not placed because you did not receive a confirmation.
Photographer/videographer availability and rates: The User acknowledges that the use of the Services may result in charges for the services provided by independent third-party suppliers affiliated with and/or registered with Filmemory. User is aware of the specific rates or services according to the location where such services are intended to be or are reserved, for which the third-party supplier agreed with Filmemory. Once the User request the reservation of the selected services with the independent third-party providers, Filmemory will have a term of 72 hours to confirm the availability of the independent third-party supplier according to the User's request of date, time, and location. Filmemory has no liability or responsibility in ensuring the availability of the independent third-party supplier.
Reservation Completion and Booking Fee: Once Filmemory confirmed third-party supplier availability, the User has a maximum of 48 hours to complete the reservation and payment amount indicated by Filmemory as a booking fee, therefore the reservation of services can be confirmed in favor of the User. Regardless of the reason, when the total amount indicated by Filmemory corresponding to the Booking Fee is not received by Filmemory, neither Filmemory nor the third-party supplier will be committed with the User in any way and the reservation request for services will be discarded after the corresponding period for the User to make the payment of the Booking Fee.

Payment to Filmemory and Third-Party Suppliers

The User accepts that payment of the total amount to complete to the 100% the payment for the Services contracted through Filmemory (Payment Pending) from the payment of the Booking Fee, must be paid directly and in cash to the independent third supplier in the location of the scheduled appointment for the meeting between the User and the independent third- party supplier.

Such amount will be established by Filmemory and will be announced to the User. The User will accept these conditions when making the payment of the Booking Fee. Additionally, the User and the Service Provider accept that this payment must be made at the end of the services that the independent third-party supplier is complete. Only when the User has paid 100% of the corresponding amount of the services contracted, third-party supplier will inform Filmemory, who will finalize the transaction. If payment is not complete from User, this will not be able to receive the material until it concludes with 100% of the payment. In which event, the User will waive all right to claim and/or refund for the payments made previously.

In the case of presents or that the total amount is intended to be paid from the beginning of the reservation; the User must pay 100% of the payment in advance (before the service is performed) in a single exhibition and Filmemory oill pay the corresponding rate to the third-party supplier.

The payment methods authorized by Filmemory for the collection and payment of the fees and commissions related to the Services and the services offered by the independent third-party suppliers shall be exclusively the following:

1.- Bank deposit or wire transfer

2.- PayPal.

3.- Credit Cards.

The User hereby agrees that all payment of the fees that shall be made to Filmemory by virtue of the Services contracted by, shall be determined in US Dollars. Filmemory does not have any control over the foreign exchange rates set by banks and has no responsibility for the foreign exchange conversion rates used by the payment gateway, PayPal, your bank, or payment card provider.

Once the independent third-party supplier has finished with the editing and final product is ready and makes it available to Filmemory, the User will receive from Filmemory the portfolio of photographs and/or videos and/or final products of the services contracted to the User. The product will be available to the User in a period equivalent to 60 (sixty) calendar days, during which the User will be able and is responsible to download the corresponding digital files. Once the deadline granted to the User for the download of the digital files to the personal photograph and/or video portfolio and/or final product, Filmemory may remove such material from its file without any liability.

Cancellation: Once a reservation of services has been made and the corresponding Booking Fee has been paid, if cancellation is requested by the User with more than 16 days of notice, credit will be issued to use on another reservation with expiration date set by Filmemory and notified to the User. If cancellation is within or less than 15 days, the User will not be able to cancel the services, and therefore, it will not be possible to request a refund of the payment that was made as a Booking Fee or any other payment.
Reschedule: In case that the User requires a change in the date and/or time, as well as in the location or destination where the User requested the services of the independent third party supplier, time contracted for the services, number of people for whom the services were contracted, name of the customer to use or receive the services or any other change or modification, the User must request such change with a period of minimum 72 hours prior to the date and time previously contracted, by sending an email to the specified on the Contact section, and will be subject to approval by Filmemory in accordance with the availability of the independent third party supplier and additional fees may be applicable as follows:

Time and date: If User request the reschedule with less than 72 hours after initial Reservation to initial appointment, User will have a Modification Fee for the services of $30 USD. If rescheduling of date and time is required by User in more than the specified 72 hours, the User will be required to make an payment for the Modification Fee to the services of the amount equivalent to $50 USD.

Destination If the user desires a change of destination and informs it within 72 hours after Reservation Confirmation the User will have to cover additional fee of $50. If notice is after (seventy-two) hours after confirmation email date, the change (if available) will have a cost US $75.

All changes are subject to the availability of the Third-party suppliers. Both the User and the independent third party suppliers associated and/or registered with Filmemory, acknowledge and agree that the re-scheduling charges made by Filmemory to the Users for the services are received on behalf of the independent third party suppliers by virtue of the Services offered by Filmemory, so once Filmemory has collected the payment of the Users, Filmemory must make the corresponding transfer and/or payment to the independent third party suppliers, with each of the parties (Filmemory and the independent third party suppliers), 100% and solely responsible for the payment of taxes corresponding to each party in accordance with the applicable legislation to them. The above, and in favor of third parties, that the payment made by the User will be considered as payment made directly by the User to the independent third-party supplier.

The charges and/or rates made and/or published by Filmemory include the applicable taxes in accordance with the applicable legislation.

Third-Party not attending Appointment: The User acknowledges and accepts that only in the case where the User will be able to request the refund of the payment made to Filmemory by virtue of the services contracted, will be only when the independent third-party supplier doesn’t attend to the location previously established with the User in the agreed, applying a tolerance of 30 (thirty) minutes from the agreed time, and provided that such absence can be reasonably recognized by Filmemory. In this case, the User hereby agrees that the refund will only be for the amount paid as Booking Fee in relation to the rate announced for the services and the time contracted by the User. However, the User can decide to use previous payment as credit to use further on Filmemory’s services.

User not attending appointment: If User don’t show up to the photo/video experience session at the scheduled time and meeting place previously agreed upon, no refund will be issued. Filmemory suggests that User arrives at the appointment place 15 minutes prior to the scheduled time. If User is late, this shall notify the third-part supplier and the time may be deducted from the allotted photo/video-experience scheduling unless the third-party supplier has the flexibility to extend and cover the complete previous contracted time, and this will be subject to the third-party supplier availability and consideration. If User is late and no notification is made and User is late for more than 30 minutes after original booked session, it will be considered a User nonattendance and therefore the User will not receive a Reservation Fee refund, from which is going to both Filmemory and third-party supplier for their time and transaction process.

Additional FEES: User is responsible for any transportation fees, admission or additional fees (admission to museums, parks, ferry tickets, bus, food, permissions to private property, transportation feed, etc.) related to the location of the User’s choice to carry out the Service acquired for the User and the third-party provider.

Additional Time during Shoot: If during session, User wants to extend the photo/video shoot for a minimum extension of 30 (thirty minutes), and third-party supplier has availability, User must notify the third-party supplier verbally and after the shoot, notify Filmemory and pay the corresponding time difference per Filmemory’s additional time fees. If no additional payment is done after shooting, final product will not be delivered to User until 100% of payment is finalized.

Additional People on Shoot: For delivering high quality products, Filmemory will require the User to book the session according to the number of persons on the shoot. If more people show up to the shoot than User originally indicated on the booking form and the total number of people exceeds the package requirement, each additional person above the limit will be charged at $50 USD. The package length and photo/video quantities will remain as originally booked. require shoot lengths for groups as follows:

1 hours: max 6 persons

90 min: max 10 persons

120 min max 15 persons

Additional services

When requested, Filmemory can carry out special arrangements to complement and enhance the experience in the shoot; however, the user understands that it is not responsibility of Filmemory to deliver such requests.

The user recognizes that while extra preparations may be organized, Filmemory is not accountable of external events that may hinder the completion of the request.

This includes:

- The cost of any photoshoot props acquired by Filmemory for the personal use of the client, will be covered by the user; the cost predetermined is the total value of the product which will be reviewed with the user beforehand the purchase.

The product or prop is nonrefundable if delayed by courier and parcel services even if it doesn’t arrive before the shoot and this is not used.

In case that the client wants to change the location of the prop arrival, the cost of the courier and parcel services should be covered.

- Any touristic tour or activity recommended by the photographer or Filmemory during, preceding or past the shoot.

Honor Code: Filmemory asks the User and Third-party suppliers to be respectful to the Services provided by Filmemory in the connection between them. If for any reason Filmemory discover the User and/or the Third-part supplier in engaging in third-party business outside of the platform (additional photos, videos, extra time, etc.) without Filmemory’s consent, both the User and Third-part may be excluded from the platform. Filmemory does not allow any third-party business outside of the platform and are not responsible for any business done after the hours of the scheduled service.

Price Errors: Filmemory will look to ensure all information on the Site is correct, although, if any error incurred, Filmemory reserve the right to refuse or cancel any orders placed at the incorrect price. Filmemory will endeavor to contact you to give you the option of purchasing at the higher price before effecting the cancellation. If Filmemory cancel the order because of a pricing error, Filmemory will refund all amounts received from User and will confirm the cancellation and refund by sending a notice to the email address linked to User’s account.

Variations: Filmemory will look to standardize the packages prices among all destinations and according to the agreements made with third-party suppliers. Although, Filmemory reserves the right to change prices at any time in its sole discretion. However, Filmemory will use its best efforts to provide Users with notice of any pricing changes well in advance of the changes taking place. Filmemory will not change a booking price once your order has been made and paid for.

Promotions: Filmemory may at any time and in its sole discretion, create promotional codes that may be exchanged for credit in favor of the User. These promotions, established by Filmemory, may have specific terms and conditions or requirements, different or above these Conditions, being these applicable in case the User decides to use said promotional code or similar. The User agrees that the Promotional Codes:

Can be used only one promotion per booking.
Shall be used and enjoyed solely for the audience and for the purpose and specific conditions for which they were offered by Filmemory, always limited to the legal use thereof.
May not be duplicated, sold or transferred in any way.
May be invalidated or canceled by Filmemory at any time for any reason without liability to Filmemory.
Under no circumstances may it be understood or changed for cash.
They shall be used by Users before expiration date; no extensions will be allowed.

Filmemory reserves the right to: verify, remove and/or cancel the validity of promotional codes, promotional discounts or special offers at any time, when in the consideration of Filmemory its use or enjoyment results or may be resulted illegal, contrary to good traditions, fraudulent or can be understood as commercial use to Filmemory.

RELATIONSHIPS AND SERVICES PROVIDED BY THIRD PARTIES

The User is aware and acknowledges that the Services that Filmemory provides is the connection, identification and contact of independent third-party suppliers and their connection with Users, as well as management of payment of the users to third-party suppliers affiliated or registered with Filmemory and delivery of final product to Users.

The User acknowledges that Filmemory is not responsible of service provided by independent third-party through the Site, for which the User accepts, that despite the independent third-party suppliers have accepted the Conditions established by Filmemory, such suppliers are not controlled, certified or endorsed as to their professional quality and/or their personal profile, so that Filmemory can’t be responsible for the treatment, work, service, attitudes or incidents occurring or generated by or with or between Users and or independent third party suppliers. The third-party suppliers, by of joining and/or registering as suppliers of Filmemory, accept and agree this Agreement and accept and undertake the responsibility of respecting the requirements provided in the Terms. Regardless of the foregoing, both the Users and the independent third-party suppliers affiliated with or registered with Filmemory, acknowledge that the Services and/or related rights belong to Filmemory and, in any case, to its licensors.

The User accepts that Filmemory is not responsible or liable for any loss or damage to you occasioned by any act, omission or default, whether negligent or otherwise of any employee, agent, Third- Party supplier.

Limitations

As a condition of use of this website and the Services provided by Filmemory, the User is restricted from:

Copy, display, reproduction, distribution, publications, sell, transfer or transition of any of the materials and information obtained from this Site.
Reproduction, copy, alterations, modifications, perform derivative works or with material from the Services, or the distribution, license, lease, sell, resell, transfer, display for profit or other than non-personal or otherwise exploit the Services offered by Filmemory, unless when previously expressly approved in writing by Filmemory and, if applicable, by the third party suppliers of Filmemory.
Edit, decompile, disassemble, take parts from the Services and/or technological means provided or offered by Filmemory and/or its third-party suppliers by virtue of and/or through the Services.
Remove any trademark, copyright notice or any other proprietary notices of any of the Services.
Link the technology vehicles and/or Services used and offered by Filmemory, without prior written authorization of Filmemory;
Try or obtain access or not authorized or damage any personal aspect and/or related with the technological platforms and/or the Services and/or systems and/or media related with Filmemory.
Cause and/or launch any type of program with the purpose of hacking, extracting, indexing, analyzing or prospecting data of any part or technological platform enabled by Filmemory or the Services , as well as block or alter in any way the operation and functionality of any aspect of the Services and/or technology platforms offered or made available to Users by Filmemory.

Suspicious, fraudulent or abusive activity in the Site or Account may result in termination of your Account and cancellation of any service reservations. Any violation of the foregoing may result in civil and/or criminal liabilities.

Legal Age

You must be least 18 years of age or older to use the Filmemory Website and Service. If less than 18 years, you will need parent or guardian permission to reserve the Services provided by Filmemory.

USER RESPONSIBILITY FOR THE USE OF THE NETWORK AND/OR ELECTRONIC DEVICES

The User recognizes from the moment he/she enters and makes use of the Site www.filmemory.com, that Filmemory is not responsible for the proper functioning of the internet network that User utilize, as well as the proper functioning of the tools and functions of the Site. The use of multiple browser’s and/or windows (or tabs) may result in User either losing or timing out their order. Filmemory will not be responsible for any loss suffered to User as a consequence of User using multiple browsers or having multiple tabs open within the same browser and accessing the Site. In addition, the Services may be subject to malfunctions or delays inherent in the use of the Internet and of digital and/or electronic communications regardless of any User malfunction.

Electronic Communications

The communications between Filmemory and User by use electronic means, may be whether User visit the Site or send Filmemory emails, or whether Filmemory post notices on the Site or communicate with User via email. Filmemory may send emails and/or text messages in means of promotion or marketing means of Filmemory.

For contractual purposes, User, consent to receive communications from Filmemory in an electronic form; and agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.

Filmemory will send emails to the email address you provide. You are responsible for providing the correct email address and updating details as necessary. If User fails to provide correct email address, Filmemory is not be responsible for any damage suffer as a result of not receiving Filmemory’s communications, where that non-receipt is caused by Filmemory’s emails being quarantined in spam or junk folders, or by other factors outside of our control.

Bad Weather Conditions

If under bad weather conditions or major natural causes, the third-party supplier is responsible of notifying Filmemory and/or User, and third-party may suggest new locations for the photo/video shoot taking the weather in consideration, cancel, delay or re-schedule the session.

If the service acquired by the User can’t be performed, and/or execution and/or quality are affected, Filmemory and the third party supplier will make every possible effort to reschedule a new session in accordance with the availability of the independent third party supplier and the User during their visit on the location where the service was selected. However, when the rescheduling is not possible, the Booking Fee or complete service payment paid by the User will be valid and applied as a credit in favor of the User for a new contract of services with validity of 6 (six) months from the date originally contracted by the User.

Photo and/or video Editing and Delivery

Filmemory will deliver the final product of the service contracted or the corresponding portfolio of photographs and/or video, through

An electronic link that allows the download of the digital pictures and/or videos;
And/or through a high-resolution gallery available for its download for the next 2 months via e-mail.

The delivery of the portfolio of photographs and/or video and/or the final product of the services contracted by the User will only be possible when Filmemory has received and confirmed the total payment of the rates agreed by contracting the services, as well as of payments made to third-party suppliers and the corresponding commissions.

The User is responsible of downloading the portfolio of the final product of the services contracted during the period of 60 (sixty) calendar days after receiving the e-mail with the link or with the gallery arranged for the download of the digital files. After this period, Filmemory does not guarantee the availability or disposal of the portfolio of photographs and/or videos and/or the final product. Third-party suppliers will provide basic color, cropping, trimming, and/or any other considered to third-party supplier to their capabilities and consideration for delivering high quality product without drastically altering the original shoots. Raw or unedited files are not delivered to the User.

The User agrees that the style and quality of the photographs belonging to the portfolio of photographs and/or video and/or final product of the contracted services is responsibility of the independent third-party supplier and the User accepted the work at the moment of the choosing of the services of such independent third-party supplier, therefore waivers any and all rights against any liability against Filmemory and/or the independent third party supplier for the dissatisfaction of the product received.

User CONTENT

Filmemory welcome’s feedback, comments, information or materials information and/or content, opinions, recommendations, requests for support, application and admission of promotions, material (collectively “User Content”) submitted to Filmemory from the User. The User authorizes Filmemory in its sole discretion, send, publish, report or otherwise make available to you through the Services or Site that Filmemory offers, User can submit Content by emailing Filmemory at the email on the contact section. By providing content to Filmemory, User agrees to grant a non-exclusive, non-confidential transferable, worldwide, perpetual, irrevocable, fully paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, display and distribute in any other way commercially exploit such User Content in any existing or future distribution or communication format or channel, without further notice or consent from the User and without requiring payment in favor of the User, or any third party, for no concept, for which Filmemory may use such Content in any way it chooses in an unrestricted basis.

In accordance with mutual agreement between Filmemory, the User and the independent third-party suppliers, the property rights of the photographs contracted by the Users through the Services to the independent third-party suppliers, belong exclusively to the User. However, the copyright is property of the independent third-party supplier who took the Photographs and/or videos. Likewise, the User approves and grants an indefinite license in favor of Filmemory and the independent third-party supplier, for the use of the photographs, videos or products of the contracted services to Filmemory and its third-party suppliers, exclusively for the purpose of promoting their Services and for the benefit of Filmemory’s promotion and marketing purposes. User, may not use the photos and/or videos in any way whatsoever in which you charge money, collect fees, or receive any form of remuneration and/or commercial use. The photos and/or videos may not be used in advertising other than Filmemory, unless User has written authorization from Filmemory. The photos and/or videos may not be resold, relicensed, or sub-licensed. User has the rights to use all delivered photos and/or videos for personal and non-commercial use only.

Filmemory will request User’s consent and approval to use their photos and/or videos and Filmemory will not share any photo and/or video without User’s consent. Users have no obligation to share photos and/or videos.

Upon User’s approval, Filmemory shall have the unrestricted right and permission to use, re-use, publish, and republish photographic images and/or videos of you, whether partial or complete, composite or distorted in character or form, or reproduction thereof in color or otherwise, made through any and all media now or hereafter known for illustration, art, promotion, advertising, trade, use on social media, press (magazines) or any other related for promotional or other purpose in favor to Filmemory.

The User may revoke the license and authorization granted in favor of Filmemory by providing notification at any time by sending an e-mail described on the Contact section. Filmemory will cease in a period no longer than 14 days all the images and videos for which license has been revoked.

The content of the Site, such as photographs, videos, logos, marks displayed on the Site and all underlying software or technologies used in connection with the Site, apps, social media and all aspects thereof are owned by Filmemory or its licensors.

Disclaimer and exclusion of Liabilities

The User agrees that Filmemory shall not be liable to you for any injury, loss, expense, or damages incurred or sustained by you or any member of your family arising from, relating to, or connected with the use of the Filmemory Website and Service, including without limitation, the acts or omissions of the assigned Filmemory third part supplier. By acquiring the services provided by Filmemory (accept terms and Conditions is a requirement) User agrees to release Filmemory from any liability and not to sue of claim compensation following an accident, for any loss, damage, personal injury, death, property damage or other loss occurred by or as a result of using the Service provided by Filmemory or its third-party providers.

Additionally, Filmemory assumes no responsibility, nor does it guarantee any reliability, quality, suitability, availability, punctuality, conducts, actions and / or any similar or related, with respect to the services contracted by the User to independent third party suppliers through the Services offered by Filmemory.

Therefore, the User hereby acknowledges and agree that any risk arising from the use and contracting of the services offered by the independent third party suppliers, as well as any other service and/or product requested to them, will not be responsibility of Filmemory, whom (Filmemory) shall not be liable for any direct, indirect, incidental, specific, unexpected, consequential, or other damages, including loss of data, damage to digital files resulting from services, personal injury, death, and property damage or in person, accident, incident and any other similar, derived from the services contracted to third independent suppliers.

Filmemory will not be liable of delay in the rendering of the services, delivery of the material and any other derivatives of the services, any lack of execution or faults delivered from factors and other than those concerning Filmemory.

The User acknowledges and accepts:

Independent third-party suppliers are made available and offer their services based on the work samples that are included through the Services offered by Filmemory, from which Filmemory has no liability on the work performed by third-party suppliers, as they may not have certifications, licenses or professional accreditations as a photographer/videographer. Filmemory shall not be liable for any damages, compensations, or losses that user has experimented arising from third-party services provided to the User.
The User hereby agrees to hold harmless and respond to Filmemory, as well as its employees, directors, advisers and/or related third parties for any claim, demand, loss, liability and/or expense, including those related to legal and attorneys' fees, that derive from:
1. Participation in services provided by Filmemory or its third-party suppliers.
2. Breach of contract or violation of any assumption established in these Conditions;
3. Filmemory’s use of its User Content;
4. The use of the Services made by the User;
5. The use of the Services made by the User as well as any activities related to the services by Filmemory and/or its third-party suppliers including but not limited to walking, hiking, climbing, transporting, or any other related to the photo/video session.
6. Infringement or violation of the rights of third parties, including independent third-party suppliers.
7. Third-party Supplier’s violation of laws, rules, regulations, or orders applicable to these’
8. Claims resulting from Third-Party or User’s fraud, criminal acts, or intentional misconduct.
9. Claims resulting from Third-Party intentional refusal to perform any portion of the services
10. Third-party Supplier’s breach of the intellectual property, confidentiality, or data privacy provisions
11. Any act or omission (including negligent acts or omissions) of Filmemory, its employees, agents, and Third-Party suppliers.
12. Infringement or violation of the rights of third parties, including independent third-party suppliers.
13. Prevention or failure from Filmemory’s to provide, grant, fulfill any of its obligations, requirements or services due to Events beyond of Filmemory’s control, which may include but is not limited to disruptions to the internet, fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and natural disasters.

Termination

Filmemory reserves the right to terminate this Agreement at election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that the User breach any of the terms and conditions contained herein. In the event of any termination, the User will immediately stop using Filmemory, its Website and its Services. Any booking made prior to termination will be honored according to the terms of this Agreement specifically applicable to the booking.

Changes to This Policy

Filmemory reserves the right to modify the content of the present Terms and Conditions at any moment in time. Changes on this policy are subject to Filmemory and may be changes without notice. Filmemory encourages you to periodically review this Policy.

Applicable Law/ Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of Unites States and the State of Texas, without regard to the conflict of law rules of the Unites States. By using the Filmemory, Site and Service, the User agrees to irrevocably submit to and accept generally and unconditionally the exclusive jurisdiction of the courts and appellate courts of Texas with respect to any legal action or proceeding which may be brought at any time arising from or relating to the Filmemory Site or Service.

Waiver of Rights

Filmemory’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Filmemory. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Acceptance of Terms of Service

The use of Filmemory Site and its Services indicates that User agrees to these Terms of Service and User agrees to be legally bound by them. If User does not agree to these Terms of Service Conditions, do not proceed to make an online booking with Filmemory.

Contact Information

Filmemory welcomes any questions or comments you may have regarding our Terms and Conditions Policy. If you believe Filmemory has not adhered to this Statement, or if you have any questions, please email us at hello@filmemory.com

Legal Age

USER RESPONSIBILITY FOR THE USE OF THE NETWORK AND/OR ELECTRONIC DEVICES

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