利用規約

These terms of use are available here in two parts:
Part I explains filmmaker use cases, Part II explains festival use cases and Part III explains the Indiehome TV (Festhome TV) uses, all of which are available to any type of account.



Part I (Filmmakers)

  1. Introduction

    These terms of use govern your use of our website; by using our website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website.

    If you register with our website we will ask you to expressly agree to these terms of use.

    You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

  2. Licence to use website

    Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

    You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

    You must not:

    1. republish material from this website (including republication on another website);
    2. sell, rent or sub-license material from the website;
    3. show any material from the website in public;
    4. duplicate, copy or otherwise exploit material on our website for a commercial purpose;
    5. redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter).
  3. Acceptable use

    You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

    You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

    You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

    You may not upload any contents that are adult films, pornography, indecent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing or are otherwise objectionable. FESTHOME does not endorse any submission or any opinion, recommendation, or advice expressed therein, and FESTHOME expressly disclaims any and all liability in connection with submissions.

  4. Services

    The advertising of services on our website constitutes an "invitation to treat" - not a contractual offer.

    Prices stated on our website may be stated incorrectly.

    The purchase of services via our website will be subject to our terms of use for filmmakers or terms of use for festivals.

    You ACCEPT the rules and regulations of each FESTIVAL that you submit any material to. These rules and regulations are solely the responsibility of the FESTIVAL.

    Festival submission start times and deadlines are generally in the server time, Central European Time (CET or GMT+1).

    For film submissions to a FESTIVAL, FESTHOME's responsibility is to make the film reach the festival through the FESTHOME website. Viewing, judging, treating the information, contact and all other activities related to the film, are responsibility of the FESTIVAL once FESTHOME has made the submission available to the FESTIVAL.

    FESTHOME is not liable to any promises or responsibilities acquired between the FILMMAKER and the FESTIVAL.

  5. Limited warranties

    Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

    To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

    Nothing in the Terms shall affect any statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.

    The services are provided "as is" and FESTHOME makes no warranty or representation to you with respect to them.

    Delays, blocks or any other deficiency in the use, caused by deficiencies, overloads, etc. of Internet or any other electronic systems.

    Inferences, interruptions, computer viruses, faults or disconnections in the operation of the electronic system or appliances and computers of the users, and other code that manifest contaminating or destructive properties due to causes unrelated to FESTHOME, preventing or delay the navigation on the website.

    FESTHOME will screen FESTIVALS that register to use our services and are offered to FILMMAKERS in an attempt to detect fraudulent festivals.

  6. Limitations and exclusions of liability

    Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law. If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by these terms of use.

    The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

    To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.

    We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

    We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

    We will not be liable to you in respect of any loss or corruption of any data, database or software.

    We will not be liable to you in respect of any special, indirect or consequential loss or damage.

  7. Indemnity

    You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

  8. Breaches of these terms of use

    Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:

    1. send you one or more formal warnings;
    2. temporarily suspend your access to the website;
    3. permanently prohibit you from accessing the website;
    4. block computers using your IP address from accessing the website;
    5. contact your internet services provider and request that they block your access to the website;
    6. bring court proceedings against you for breach of contract or otherwise; and/or
    7. suspend and/or delete your account with the website.
  9. Variation

    We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.

  10. Assignment

    We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

    You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

  11. Severability

    If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

  12. Exclusion of third party rights

    These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

  13. Entire agreement

    These terms of use, together with our privacy policy and terms of use for filmmakers or terms of use for festivals, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

  14. Arbitration

    Any disputes will be resolved by binding, individual arbitration. You may opt-out of this clause within 15 days of creating your account.

  15. Our details

    The full name of our company is FESTHOME, INC.

    Our registered address is 2035 Sunset Lake Road Suite B-2, Newark, 19702, Delaware (USA)

    You can contact us using the contact forms / phone numbers on this website.

  16. User registration

    In order to access some features of the Website or other Services, you will have to create a FESTHOME account. When creating your account, you must provide accurate and complete information. It is important that you must keep your FESTHOME account password secure and confidential.

    You must notify FESTHOME immediately of any breach of security or unauthorised use of your FESTHOME account that you become aware of.

    You agree that you will be solely responsible (to FESTHOME, and to others) for all activity that occurs under your FESTHOME account.

  17. Upload conditions

    You represent and warrant that you have (and will continue to have during your use of the Services) all necessary licenses, rights, consents, and permissions which are required to enable FESTHOME to use your submissions for the purposes contemplated by the Website and these Terms.

    You understand and agree that you are solely responsible for your own submissions and the consequences of posting or publishing them. FESTHOME does not endorse any submission or any opinion, recommendation, or advice expressed therein, and FESTHOME expressly disclaims any and all liability in connection with submissions.

    You understand and agree that you are solely responsible for your own submissions and the consequences of posting or publishing them and you may not upload any contents that are indecent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing or are otherwise objectionable. FESTHOME does not endorse any submission or any opinion, recommendation, or advice expressed therein, and FESTHOME expressly disclaims any and all liability in connection with submissions.

    FESTHOME reserves the right (but shall have no obligation) to decide whether submissions comply with the content requirements set out in these Terms and may remove such submissions and/or terminate a FILMMAKER's access for uploading any submission which is in violation of these Terms at any time, without prior notice and at its sole discretion.

    FESTHOME only acts as intermediary to make your material available to the FESTIVAL you submit your material to, after accepting the rules and regulations of the FESTIVAL.

    YOU remain as the owner of the materials uploaded to the FESTHOME website. FESTHOME will not make public the contents of the materials uploaded by the FILMMAKERs to the website, which will be strictly confidential as long as these terms are not violated. FESTHOME will make available your materials to FESTIVALs and BUYERs. FESTHOME staff and service partners may review all material but may not make them publicly available without your consent.

    A film uploaded to FESTHOME will be stored on the website for a minimum 2 months as long as it has not been sent. A film uploaded that has been sent to a FESTIVAL, will be stored for a minimum of 6 months after the last FESTIVAL it was sent to.

    YOU will be allowed to have as many films uploaded as you want, but only up to two films that have not been sent to any FESTIVAL.

  18. Copyrights and trademarks

    Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

    YOU grant FESTHOME a non-exclusive, non-transferable limited license to use and display YOUR tradenames, trademarks and images including any marks that YOU upload to the FESTHOME Web Site on the FESTHOME Web Site for the purpose of promoting your film and/or FESTHOME. If FESTHOME desires to use such Marks other than on the FESTHOME web site, or FESTHOME Services Marketing Material, FESTHOME will obtain YOUR prior written approval.

    Except as explicitly set forth herein, each party's trademarks, copyrights, patents, trade secrets and other intellectual property rights ("Intellectual Property") are and shall remain the sole property of that party.

    YOU allow the FESTIVAL and where you submit to access your materials to view, judge and any other requests made by the FESTIVAL rules and regulations, BUYER requests and FESTHOME staff requirements.

    YOU allow FESTHOME to store the materials you submit and to make them available to the FESTIVAL you submit to.

    YOU allow BUYERs, FESTHOME staff, service providers and partners to access and view all the materials you submit to FESTHOME.

    YOU allow FESTIVALs to access and view the non-video materials and the trailer you submit to FESTHOME.

  19. Ending your relationship with FESTHOME

    If you violate these Terms, FESTHOME may terminate or cancel your access rights to the Site and/or Applications immediately without notice. FESTHOME may also block your use of the Site and/or Applications or direct you to cease using it. FESTHOME reserves the right at any time to modify or discontinue the Site, Applications, or any part thereof and you agree that FESTHOME shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, or any part thereof.

    FESTHOME may at any time terminate it's legal agreement with you for any reasons, including a breach of these terms of use or the FESTIVAL rules and regulations, when required by law, the services provided by FESTHOME are no longer commercially viable.

  20. Annual Pass

    The Annual Pass allows FIMMAKERS to link their Vimeo videos to FESTHOME to submit to festivals partnering with FESTHOME. Accepting Vimeo links is an option for the FESTIVAL.

    FESTHOME is not responsible for network, hosting, video player or any other circumstances that may happen during the use of this service. Any problems must be notified to the FILMMAKER who will have to fix the issue with Vimeo and not FESTHOME.

    FESTHOME's sole responsibility is linking the Vimeo video to the FESTIVAL's inbox at FESTHOME, as is delivered by the FILMMAKER. The responsibility to deliver the correct passwords and Vimeo video IDs are of the FILMMAKER.

    FESTHOME may offer support and aid to both FESTIVALS and FILMMAKERS in helping deliver the videos to the FESTIVAL, but FESTHOME does not have the obligation to offer technical support for the use of Vimeo.

    FESTHOME is not responsible if Vimeo ceases to offer it's service, changes it's service plans, blocks their service, bans users or IPs, or any other circumstance that may arise due to Vimeo's policies. However, if Vimeo suffers or causes any issues, FESTHOME will offer it's aid and services to reasonably support both the FESTIVAL and FILMMAKER.

    An Annual Pass is for a single film, and you may not change the details of the film to use the same Annual Pass for a different film.

  21. Distribution Companies

    If you represent other FILMMAKERS, who may be or not registered at FESTHOME, you must have the right to distribute their materials.

    Any plans that FESTHOME may offer for distribution of many films are solely for the registered user, and not third parties.

    Annual Passes are always per film, and you may not change the details of the film to distribute a different film with the same purchased Annual Pass.

    Distribution accounts are granted by FESTHOME at it's sole discretion and may retire those rights at any time. Conditions to obtain and maintain those accounts may change.

  22. DRM Services

    FESTHOME offers certain DRM services to FILMMAKERS that wish to use this type of protection for their films. Due to agreements and requirements by different third party services that grant access to different DRM technologies such as Widevine, Fairplay or PlayReady, the following must be accepted in order to activate these DRM services for your films:

    You acknowledge and agree that you own all rights, title and interested of the licensed content and materials.

    You grant FESTHOME a non-exclusive worldwide license to use, reproduce, distribute, modify, transmite and display your content and materials as they are uploaded to our servers in electronic form via the Internet and third party networks in connection to FESTHOME properties and to allow users of FESTHOME with permission to access that content and materials.

    This license does not confer FESTHOME the right of ownership of the licensed content.

    This license does not confer you with a license to any FESTHOME property, FESTHOME does not grant any licenses.

    The period effective of this license is from the moment of the DRM service being acquired by you until the period of expiration shown by the FESTHOME website, which may be further extending by you on request and acceptance by FESTHOME. You may terminate the license grant at any time at your own discretion. FESTHOME may terminate the license at any time upon its own discretion.

    FESTHOME agrees not to sublicense the content beyond its own properties.

    You, at your own expense, will indemnify, defend and hold harmless FESTHOME, and its affiliates and their employees, representatives, agents and affiliates, against any claim, suit, action, or other proceeding brought against FESTHOME or an affiliate based on or arising from a claim that the licensed content as delivered to FESTHOME infringes in any manner any intellectual property right of any third party or contains any material or information that is obscene, defamatory, libelous, slanderous, that violates any person's right of publicity, privacy or personality, or has otherwise resulted in any tort, injury, damage or harm to any person.






Part II (Festivals)

  1. Introduction

    These terms of use govern your use of our website; by using our website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website.

    You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

    FESTHOME acts as intermediary between FILMMAKERS, FESTIVALS and BUYERS, administering the documentation of FILMMAKERS and making it available to FESTIVALS and BUYERS through FESTHOME's website.

  2. Licence to use website

    Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

    YOU grant to FESTHOME a non-exclusive, non-transferable limited license to use and display YOUR tradenames and trademarks including any marks that YOU upload to the FESTHOME Web Site on the FESTHOME Web Site for the purpose of promoting your festival. If FESTHOME desires to use such Festival Marks other than on the FESTHOME web site, or FESTHOME Marketing Material, FESTHOME will obtain YOUR prior written approval.

    Except as explicitly set forth herein, each party's trademarks, copyrights, patents, trade secrets and other intellectual property rights are and shall remain the sole property of that party.

    You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

    You must not:

    1. republish material from this website (including republication on another website);
    2. sell, rent or sub-license material from the website;
    3. show any material from the website in public;
    4. duplicate, copy or otherwise exploit material on our website for a commercial purpose;
    5. redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter).
  3. Acceptable use

    You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

    You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

    You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

  4. Services

    The advertising of services on our website constitutes an 'invitation to treat' - not a contractual offer.

    Prices stated on our website may be stated incorrectly.

    The purchase of services via our website will be subject to our terms of use for filmmakers or terms of use for festivals or terms of use for buyers.

  5. Limited warranties

    Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

    To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

  6. Limitations and exclusions of liability

    Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law. If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by these terms of use.

    The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

    To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.

    We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

    We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

    We will not be liable to you in respect of any loss or corruption of any data, database or software.

    We will not be liable to you in respect of any special, indirect or consequential loss or damage.

  7. Indemnity

    You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

  8. Breaches of these terms of use

    Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:

    1. send you one or more formal warnings;
    2. temporarily suspend your access to the website;
    3. permanently prohibit you from accessing the website;
    4. block computers using your IP address from accessing the website;
    5. contact your internet services provider and request that they block your access to the website;
    6. bring court proceedings against you for breach of contract or otherwise; and/or
    7. suspend and/or delete your account with the website.

    FESTHOME reserves the right to end it's relationship with you under it's sole discretion.

  9. Variation

    We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.

  10. Assignment

    We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

    You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

  11. Severability

    If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

  12. Exclusion of third party rights

    These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

  13. Entire agreement

    These terms of use, together with our privacy policy and terms of use for filmmakers or terms of use for festivals, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

  14. Arbitration

    Any disputes will be resolved by binding, individual arbitration. You may opt-out of this clause within 15 days of creating your account.

  15. Our details

    The full name of our company is FESTHOME, INC.

    Our registered address is 2035 Sunset Lake Road Suite B-2, Newark, 19702, Delaware (USA)

    You can contact us using the contact forms / phone numbers on this website.

  16. User registration

    In order to access some features of the Website or other Services, you will have to create a FESTHOME account. When creating your account, you must provide accurate and complete information. It is important that you must keep your FESTHOME account password secure and confidential.

    FESTHOME may require proper identification through the means of Passport or ID uploads to securely handle entries to your festival, ownership and fraud prevention. FESTHOME will solely use this information to: identify and verify your information, handle any government requests, payment gateway requirements or fraud prevention. These will never be shared with other third parties for other purposes.

    You must notify FESTHOME immediately of any breach of security or unauthorised use of your FESTHOME account that you become aware of. (help@festhome.com)

    You agree that you will be solely responsible (to FESTHOME, and to others) for all activity that occurs under your FESTHOME account.

    A film festival approved by FESTHOME is an organised presentation of films that are screened in venues for an audience. For any other uses, please obtain FESTHOME's approval before creating the account.

    An ONLINE festival must warn FESTHOME and FILMMAKERS explicitly previously to accepting submissions through FESTHOME.

    You may only register a festival account at FESTHOME if you are part of the organisation of said festival.

  17. Festival obligations

    YOU accede to view and judge and films submitted to your festival through FESTHOME. If you are unable to judge all films, you will discontinue the request for submissions through every submission method.

    If your FESTIVAL is cancelled outside or on FESTHOME for any reason, you accede to refund the full price paid for each submission and to work with FESTOME to coordinate those refunds (Force majeure may apply where fees may not be refunded for special circumstances to be discussed and documented with FESTHOME).

    YOU are to use the FESTHOME logo on a visible area of your website. YOU are also required to publish FESTHOME's website url on the regulations of your festival as a subscription method, wether there are other methods or not.

    YOU are responsible to keep all the data submitted to your FESTIVAL in strict confidence and to not share it with any third-party without the express written permission by FESTHOME or the FILMMAKER.

    If your FESTIVAL encounters any fraudulent material within the submissions, you will inform FESTHOME immediately.

    YOU accede to make all of your FESTIVAL information submitted to FESTHOME accurate and updated. YOU will ensure that all information on the FESTHOME website about your FESTIVAL is consistent with the information published posted on your website.

    YOU will publish only true information of your festival and make it clear what your festival consists of to FESTHOME and it's users. Should this information not be held by the FESTIVAL, FESTHOME may request to refund any festival registration fees to FILMMAKERS.

    By accepting these terms of service, you accede to notify all submitters of your FESTIVAL final judging decision through the FESTHOME tools.

    YOU will not withheld information related to the FESTIVAL in order to gain an advantage over FESTHOME, FILMMAKERS or other FESTIVALS.

    YOU accede not to make use of FESTHOME nor your FESTHOME account to make different uses on video viewing other than to make the selection process for your festival. It is prohibited to make massive viewings of videos without prior consent of FESTHOME.

    Renewal of the FESTIVAL will be done automatically by FESTHOME staff obtaining updated conditions from the FESTIVAL website. The FESTIVAL can notify FESTHOME at any time to cancel this process.

    FESTHOME will not accept festivals that take place exclusively online with no offline screenings when they charge entry fees for participation and have no prizes.

    FESTHOME reserves the right to accept or deny any festival into it's services and may decide to create exceptions on the above conditions.

    FESTHOME will screen FESTIVALS that register to use our services and are offered to FILMMAKERS in an attempt to detect fraudulent festivals.

    YOU agree to protect all Personally Identifiable Information that FESTHOME makes available to you on request of the FILMMAKERS and FESTIVALS under GDPR rules, including limiting the collection and processing of information to what is strictly necessary for the FESTIVAL activities, protecting the right of users to access, delete or modify any of that information.

  18. Festival Registration Fees

    FESTHOME considers entry fees the payment of a fee from FILMMAKERS to the FESTIVAL to support the festival and the review and assessment of all necessary films submitted to the festival to produce a selection. FESTHOME, at it's sole discretion, may decide the refund of entry fees where it feels the FESTIVAL has not fulfilled their part of this agreement and the FESTIVAL will work with FESTHOME to award these refunds.


    If your FESTIVAL requests registration fees (entry fees), FESTHOME may collect, link or forward these registration fees on behalf of your FESTIVAL under these conditions depending on the options available to you:

    1. FESTHOME will collect the registration fee from FILMMAKERs who pay through FESTHOME via the secure payment gateway PayPal, Payoneer, Stripe, Skrill, wire transfer or others. FESTHOME may charge a default 10% fee for managing such transactions and administration fees which may be higher or lower or completely removed depending on conditions. FESTHOME may also charge FILMMAKERS a submission fee that is not included in the aforementioned registration fee.

      FESTHOME will transfer the registration fees net minus payment provider fees in the amount owed to your Festival once per month, on or around the first business days of each month for EUR fees (USD fees may take 21 extra days as per PayPal policies based on Anti-Terrorism funding requirements) and up to the 15th, but should we have any trouble we will inform the affected FESTIVAL. FESTHOME will make such transfer to a free Paypal account (https://www.paypal.com/uk/) opened under the Festival’s or a Festival administrator’s name (additional charges apply for currency conversions and cross border payments as well as refunds and chargebacks, when your Festival transacts in currency other than US Dollar or Euro, according to Paypal regulations). Any other type of payment methods may take longer.

      The FESTIVAL is responsible for providing a valid invoice for these festival registration fees for the full amount paid by and will produce an invoice to FESTHOME for each transfer made from FESTHOME to the FESTIVAL.

      The amount owed to the FESTIVAL may be transferred by FESTHOME after the end of the submissions period instead of on a monthly basis, if FESTHOME chooses or a special payment method is requested by the festival and accepted by FESTHOME.

    2. When requested and conditions apply, FESTHOME may link the registration fee from FILMMAKERs submitting through FESTHOME directly to the FESTIVAL PayPal gateway of the FESTIVAL's choosing. It is the FESTIVAL responsibility to provide an active, verified and correct PayPal account to be used by FESTHOME for linking. Fees paid through payment gateways different than PayPal will be handled by FESTHOME as set above.

    Currency: FESTHOME transacts in two currencies – US Dollar and Euro. You may choose one of these currencies for your Festival account. The currency you specify on your FESTHOME Festival account at the initial activation of the Festival account will be the currency registration fees are charged in, and the currency in which you receive payment from FESTHOME for the duration of your use of the FESTHOME Festival account, unless FESTHOME notifies you otherwise. This currency must be consistent with the currency in which you advertise your registration fees elsewhere.

    The Festival Registration Fees must be in accordance to the lowest general amount being requested elsewhere, including your own website and other services. If offering discounts elsewhere, FESTHOME must be made aware of this and offered a similar promotion that FESTHOME may match. Under no circumstances must FESTHOME users be discriminated against due to their choice of FESTHOME's services.

    Should the FESTIVAL be cancelled for any reason or purpose, or the FESTIVAL account at FESTHOME closed by the FESTIVAL or FESTHOME staff, the FESTIVAL will refund FESTHOME of all collected festival registration fees that FESTHOME has already transferred to the FESTIVAL and remaining entry fees that were not transferred yet will remain with FESTHOME, for the purpose of refunding applicable FILMMAKERS.

    FESTHOME may revise these fees and regulations (see item 9. Variation).

    PayPal, Stripe and other's commissions and fees are not the responsibility of FESTHOME.

    FESTHOME may charge FILMMAKERs a submission fee that is not included in the aforementioned registration fee.

    FESTHOME will not be liable for any chargebacks or any action of the FILMMAKER or the FESTIVAL on these registration fees but will offer counselling if requested by either party.

  19. Annual Pass

    The Annual Pass allows FIMMAKERS to link their Vimeo videos to FESTHOME to submit to festivals partnering with FESTHOME.

    FESTHOME is not responsible for network, hosting, video player or any other circumstances that may happen during the use of this service. Any problems must be notified to the FILMMAKER who will have to fix the issue with Vimeo and not FESTHOME.

    FESTHOME's sole responsibility is linking the video to the FESTIVAL's inbox at FESTHOME, as is delivered by the FILMMAKER. The responsibility to deliver the correct passwords and video IDs and URLs are of the FILMMAKER.

    FESTHOME may offer support and aid to both FESTIVALS and FILMMAKERS in helping deliver the videos to the FESTIVAL, but FESTHOME does not have the obligation to offer technical support for the use of third party links.

    FESTHOME is not responsible if third parties cease to offer their services, change their service plans, blocks their service, bans users or IPs, or any other circumstance that may arise due to their policies. However, FESTHOME will offer it's aid to reasonably support both the FESTIVAL and FILMMAKER.

  20. Festival PRO

    Festhome offers to festivals the possibility to become PRO and obtain special perks, discounts and promotions. Festhome may at any time and at it's sole discretion remove the PRO benefits to a festival. When activating PRO by a festival, the festival will maintain the base price of submission equal in Festhome and other services.

  21. Festhome API

    The Festhome API is a service offered by FESTHOME to FESTIVALS that are active at Festhome.

    All data sent through the Festhome API must be duly protected and may not be shared with third parties unless permission is given by the FILMMAKER.

    If the Festhome API is used to connect to a third party service, the third party service must previously agree to these terms of use and FESTHOME must give prior written permission of such use.

    Should the FESTIVAL use the information granted by the Festhome API in any manner not accepted by these terms of use, the FESTIVAL will hold all responsibility.

    FESTHOME may cut the Festhome API service at any time on it's sole discretion.

    The Festhome API and it's documentation may not be duplicated or shared by the FESTIVAL to anyone or anywhere.

    You may not use the links to documentation, media and assets sent by the Festhome API to directly link privately or publicly those assets without getting prior written permission by FESTHOME.

  22. Festival information on the website

    Any information entered on the website may be shown by FESTHOME to it's users for a period determined by FESTHOME.

    FESTHOME may add, remove or replace banners, logos and other images of the FESTIVAL from other sources, such as social networks or the FESTIVAL website.

    FESTHOME may add, remove or replace information or terms of the FESTIVAL from other sources, such as social networks or the FESTIVAL website.






Part III (Indiehome TV / Festhome TV)

  1. Introduction

    These terms of use govern your use of our website; by using our website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website.

    You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

    The Indiehome TV service may also be referred to as Festhome TV.

  2. Licence to use website

    Unless otherwise stated, we, our licensors or the copyright holders own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

    YOU grant to FESTHOME a non-exclusive, non-transferable limited license to use and display YOUR tradenames and trademarks including any marks that YOU upload to the FESTHOME webite on the FESTHOME website for the purpose of promoting the services.

    Except as explicitly set forth herein, each party's trademarks, copyrights, patents, trade secrets and other intellectual property rights are and shall remain the sole property of that party.

    You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

    You must not:

    1. republish material from this website (including republication on another website);
    2. sell, rent or sub-license material from the website;
    3. show any material from the website in public;
    4. duplicate, copy or otherwise exploit material on our website for a commercial purpose;
    5. redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter).
  3. Acceptable use

    You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

    You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

    You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

    Your use of our services is strictly for personal use. You may not make the content available to others unless expressly authorised in these Terms or by FESTHOME staff.

    In the principle of fair use, you are allowed to share the contents in your account within your household with up to a maximum of 5 members of your household.

    Some content may be restricted by age or not appropriate for all ages.

  4. Services

    The advertising of services on our website constitutes an 'invitation to treat' - not a contractual offer.

    Prices stated on our website may be stated incorrectly.

    The purchase of services via our website will be subject to our terms of use.

  5. Limited warranties

    Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

    To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

  6. Limitations and exclusions of liability

    Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law. If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by these terms of use.

    The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

    To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.

    We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

    We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

    We will not be liable to you in respect of any loss or corruption of any data, database or software.

    We will not be liable to you in respect of any special, indirect or consequential loss or damage.

    FESTHOME makes no warranties as to quality or fitness for purpose of the service or content, and cannot guarantee that the service will be uninterrupted and/or error free, and FESTHOME cannot guarantee the adequacy of any third party infrastructure (e.g. your internet connection). However, any customer problems or complaints will be taken seriously, and FESTHOME will remedy complaints insofar as is reasonably practical and economical.

  7. Indemnity

    You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

    FESTHOME reserves the right to take any action it believes necessary to recover any sums you owe to FESTHOME. You agree that, in such circumstances, you will be liable for all costs and expenses incurred by FESTHOME including, but not limited to, legal fees, collection fees, arbitration costs and court costs.

  8. Breaches of these terms of use

    Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:

    1. send you one or more formal warnings;
    2. temporarily suspend your access to the website;
    3. permanently prohibit you from accessing the website;
    4. block computers using your IP address from accessing the website;
    5. contact your internet services provider and request that they block your access to the website;
    6. bring court proceedings against you for breach of contract or otherwise; and/or
    7. suspend and/or delete your account with the website.

    FESTHOME reserves the right to end it's relationship with you under it's sole discretion.

    FESTHOME accepts no liability for any losses suffered by you or any third party for its decision to withdraw and/or block your access to the Service or any website under FESTHOME's control.

    FESTHOME reserves the right to terminate your account and block your future access if you initiate any unwarranted chargeback proceedings against FESTHOME, and we reserve the right to pursue you for any sums you owe and costs we incur in doing so where we suspect chargeback fraud.

  9. Variation

    We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.

  10. Assignment

    We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

    You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

  11. Severability

    If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

  12. Exclusion of third party rights

    These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

  13. Entire agreement

    These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

  14. Law and jurisdiction

    These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

  15. Registrations and authorisations

    We are registered with the Secretary of State of Delaware as FESTHOME INC.

  16. Our details

    The full name of our company is FESTHOME INC.

    Our registered address is Suite B-2, 2035 Sunset Lake Road, 19702, Newark, United States.

    You can contact us by email at help@festhome.com.

  17. User registration

    In order to access some features of the Website or other Services, you will have to create a FESTHOME account. When creating your account, you must provide accurate and complete information. You must keep your FESTHOME account password secure and confidential.

    You must notify FESTHOME immediately of any breach of security or unauthorised use of your FESTHOME account that you become aware of. (support@FESTHOME.com)

    You agree that you will be solely responsible (to FESTHOME, and to others) for all activity that occurs under your FESTHOME account.

  18. Amendment

    These terms of use are subject to change without prior notice.