Terms of Service

1. Terms and Conditions

1) By using or accessing the Moviefactory.org (Moviefactory.cn website/s and Movie Factory Pty Ltd) website/s and Services, you (The Member) agree to these Terms and Conditions outlined, as updated by us from time to time.

2) If you do not accept any details contained within these ‘Terms and Conditions’ we recommend that you do not become a member of this network.

2. OVERVIEW but not limited to:

1) Members / You (The Member) must be 18 years of age and over.

2) Your (The Members) privacy is important to us. You control all of the content and information you (The Member) post on Moviefactory.org website/s and you can control how it is shared through your privacy and application settings. From time to time Moviefactory.org (Moviefactory.cn website/s and Movie Factory Pty Ltd) and at our sole discretion may highlight various content for promotional purposes.

3) Subject to the ‘Terms and Conditions’ described, access is conditional to Member/s, Product/s and / or Service/s that directly offer, compliment and assist the Movie Industry, unrelated Member/s, Product/s and / or Service/s to the Movie industry will not be allowed ongoing access without our written permission. If no written permission from Moviefactory.org (Moviefactory.cn website/s and Movie Factory Pty Ltd) has been granted, Moviefactory.org (Moviefactory.cn website/s and Movie Factory Pty Ltd) will delete the said Member/s, Product/s and / or Service/s without any prior notice or compensation.

4) NO REFUNDS whatsoever will be given to any kind of membership / access fee / advertising etc., as the said fee is a processing and an administration cost based on your (The Member) acceptance on becoming a Member/s of moviefactory.org, whereby offering Product/s and / or Service/s etc.

5) WE PROACTIVELY WORK TO KEEP MOVIEFACTORY.ORG (MOVIEFACTORY.CN WEBSITE/S and MOVIE FACTORY PTY LTD), BUG-FREE, AND SAFE BUT YOU (THE MEMBER) USE IT AT YOUR OWN RISK. WE DO NOT GUARANTEE THAT OUR WEBSITE/S WILL ALWAYS BE SAFE, SECURE OR FREE FROM ERROR/S OR THAT OUR WEBSITE/S WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE DO NOT TAKE ANY RESPONSIBILITY FOR YOUR INTERNET OR MOBILE SERVICE PROVIDERS.

3. Payments

1) NO REFUNDS whatsoever will be given on any membership fee, as this fee is a processing and an administration cost.

2) If you (The Member ) make a payment within the Moviefactory.org website/s (Moviefactory.cn website/s and Movie Factory Pty Ltd), Moviefactory.org (Moviefactory.cn website/s and Movie Factory Pty Ltd) takes no responsibility whatsoever for any loss of any kind and any and all issues are to be directed to the vendor or supplier of Product/s and / or Service/s.

4. Mobile and Other Devices

1) We may provide our mobile services at no cost to The Member, but please be aware that your (The Member) carrier's or service provider’s normal rates and fees, such as text messaging and data charges, always applies.

2) If you (The Member) change or deactivate your mobile telephone number, you will update your account information on Moviefactory.org website/s within 48 hours to ensure that your messages are not sent to the person who obtains your old number.

3) You (The Member) provide consent and all rights required to enable users to sync (including via an application) their devices with any information that is visible to them on Moviefactory.org website/s.

5. Special Prerequisites Applicable to Developers/Operators of Applications and Website/s

1) If you are a developer or operator of a Platform application or website/s or if you use Social Plugins, you must comply with the Moviefactory.org website/s Platform Policy.

2) About Advertisements and Additional Commercial Content Served or Enhanced by Moviefactory.org website/s.

3) Our goal is to provide advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you (The Member) agree to the following:

4) We do not give your (The Member) content or information to advertisers without your consent other than your profession and / or location.

5) You (The Member) acknowledge that we may not always identify paid services and communications as such.

6. Advertisers

1. If you (The Member) use our self-service advertising creation interfaces for creation, submission and/or presentation of any advertising or other commercial or sponsored activity or content (collectively, the “Self-Serve Ad Interface”), you (The Member ) consent to these Terms and Conditions. Also, your advertising or other commercial or sponsored activity or content placed on Moviefactory.org website/s or our publisher network will comply with our Policies.

2. You (The Member) will not modify, create derivative works of, decompile, or otherwise attempt to obtain source code from us, unless you are expressly authorized to do so under an open source license, or we give you express written permission.

7. Amendments

1) We’ll notify you (The Member) before we make changes to our terms and give you the opportunity to review and comment before continuing to use our Services.

2) If we make changes to policies, guidelines or other terms referenced in or incorporated by this Statement, we may provide notice on our Site.

3) Your (The Member) continued use of the Moviefactory.org website/s Services, following notice of the changes to our terms, policies or guidelines, establishes your acceptance of our amended terms, policies or guidelines.

8. Termination

1) If you (The Member) violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us in any way, we will stop providing all or part of Moviefactory.org website/s to you.

9. Disputes

1) You (The Member) will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Moviefactory.org website/s exclusively in a state court located in Melbourne Australia, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of Victoria, Australia will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law requirements.

2) If anyone makes a claim toward us related to your (The Member) actions, content or data on Moviefactory.org (Movie Factory Pty Ltd), you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) associated to such claim. Moviefactory.org website/s and are not responsible for the content or information users transmit or share on Moviefactory.org website/s. We are not responsible for any obscene, unlawful, offensive, inappropriate, or otherwise objectionable content or information you may encounter on Moviefactory.org website/s. We are not responsible for the conduct, whether online or offline, of any USER of Moviefactory.org website/s and / or services.

3) WE TRY TO KEEP MOVIEFACTORY.ORG (MOVIEFACTORY.CN WEBSITE/S and MOVIE FACTORY PTY LTD), BUG-FREE, AND SAFE BUT YOU (THE MEMBER) USE IT AT YOUR (THE MEMBER) OWN RISK. WE ARE PROVIDING MOVIEFACTORY.ORG WEBSITE/S AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

4) WE DO NOT GUARANTEE THAT MOVIEFACTORY.ORG WEBSITE/S WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT MOVIEFACTORY.ORG WEBSITE/S WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. MOVIEFACTORY.ORG WEBSITE/S IS NOT ACCOUNTABLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU (THE MEMBER) RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU (THE MEMBER)HAVE AGAINST ANY SUCH THIRD PARTIES.

5) IF YOU (THE MEMBER) ARE A CALIFORNIA RESIDENT, YOU (THE MEMBER) WAIVE CALIFORNIA CIVIL CODE 1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU (THE MEMBER)FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR MOVIEFACTORY.ORG (MOVIEFACTORY.CN WEBSITE/S and MOVIE FACTORY PTY LTD), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR MOVIEFACTORY.ORG WEBSITE/S WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS (US$100) OR THE AMOUNT YOU (THE MEMBER) HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU (THE MEMBER). IN SUCH CASES, MOVIEFACTORY.ORG (MOVIE FACTORY PTY LTD)'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

6) We strive to create a dedicated global Movie Industry community with constant standards for everyone, and we also endeavor to uphold local laws. The following provisions apply to users and non-users who interact with MOVIEFACTORY.ORG (MOVIEFACTORY.CN WEBSITE/S and MOVIE FACTORY PTY LTD)

7) You (The Member) consent to having your personal data transferred to and processed in Australia or MOVIEFACTORY.ORG (MOVIEFACTORY.CN WEBSITE/S and MOVIE FACTORY PTY LTD) Authorized Offices.

8) If you (The Member) are located in a country embargoed by Australia or its trading partners, you will not engage in commercial enterprises on Moviefactory.org website/s (for example; advertising or payments) or operate a Platform application or website/s. You will not use Moviefactory.org website/s if you are prohibited from receiving products, services, or software.

10. Definitions

1) "Moviefactory.org (Moviefactory.cn website/s and Movie Factory Pty Ltd) website/s and Services " our meaning is the features and services we make available.

2) "Platform" our meaning is a set of APIs and services (such as content) that enable others, including application developers and website/s operators, to retrieve data from Moviefactory.org (Moviefactory.cn website/s and Movie Factory Pty Ltd) website/s and Services or provide data to us.

3) "Information" our meaning is facts and other information about you (The Member), including actions that were taken by users and non-users who interact with Moviefactory.org (Moviefactory.cn website/s and Movie Factory Pty Ltd) website/s and Services).

4) "Content" our meaning is anything you (The Member) or other users post, provide or share using Moviefactory.org (Moviefactory.cn website/s and Movie Factory Pty Ltd) website/s and Services.

5) "Data" or "user data" or "user's data" our meaning is any data, including a user's content or information that you (The Member) or third parties can retrieve from Moviefactory.org (Moviefactory.cn website/s and Movie Factory Pty Ltd) website/s and Services or provide to Moviefactory.org (Moviefactory.cn website/s and Movie Factory Pty Ltd) website/s and Services through Platform.

6) "Post" our meaning is anything you post on Moviefactory.org (Moviefactory.cn website/s and Movie Factory Pty Ltd) website/s and Services website/s or otherwise make available by using Moviefactory.org (Moviefactory.cn website/s and Movie Factory Pty Ltd) website/s and Services.

7) "Use" our meaning is use, run, and copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

8) "Application" our definition is any application or website/s that uses or accesses the Platform, as well as anything else that receives or has received data from us. If you no longer access the Platform but have not deleted all data from us, the term application will apply until you (The Member) delete the data.

9) “Trademarks” our meaning is the list of trademarks provided within the Moviefactory.org (Moviefactory.cn website/s and Movie Factory Pty Ltd) website/s and Services.