Terms of Use


  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).

  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 LTD 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. 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 Registrar of Companies for England and Wales as FESTHOME LTD. Our registration number is 07320396.

  16. Our details

    The full name of our company is FESTHOME LTD.

    We are registered in England & Wales under registration number 07320396.

    Our registered address is 1-3 Floor, 124 Baker Street, W1U 6TY, London, United Kingdom.

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

  17. User registration

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

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

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

  18. 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.

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

  19. 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 and trademarks including any marks that YOU upload to the FESTHOME Web Site on the FESTHOME Web Site for the purpose of promoting your film. 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 ("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.

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

    YOU allow BUYERs to access and view the materials you submit to FESTHOME.

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

  20. Ending your relationship with FESTHOME

    If you violate these Terms, FESTHOME LTD may terminate or cancel your access rights to the Site and/or Applications immediately without notice. FESTHOME LTD may also block your use of the Site and/or Applications or direct you to cease using it. FESTHOME LTD reserves the right at any time to modify or discontinue the Site, Applications, or any part thereof and you agree that FESTHOME LTD 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.

  21. 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.

  22. 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.