Welcome to FilmYeti. Throughout this document, the words “FilmYeti,” “Us,” “We,” “Website,” “Service,” “Platform,” “App,” and “Our,” collectively refer to our company FilmYeti Inc., our Website https://filmyeti.com or our Service, as is appropriate in the context of the use of the words.
This Terms of Service Agreement was last updated on May 7, 2017. Please contact us at [email protected] if you have any questions.
THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
IF YOU DO NOT AGREE WITH ANY OF THE TERMS, YOU CAN NOT USE THE WEBSITE, APP OR SERVICES.
FilmYeti Inc. provides the FilmYeti Services (as defined below) through the Website https://filmyeti.com, including all subpages and successor pages and through the FilmYeti App, which are subject to these Terms of Service (hereinafter “Terms”). You are reading the current version of the Terms which is located at filmyeti.com/terms
The FilmYeti platform is a marketplace through which production companies and producers (known as “Project Owners”) solicit for hire independent crew members and other production and support talent (known as “Talent”) for paid production services contracts (“Gigs”).
FilmYeti offers the platform services (the “Services”) through its Website and App. These Terms apply to all visitors and users of the Website, App and Services (“Users”), including Project Owners and Talent.
Throughout this document the term “You” refers to the individual, company or legal entity, as applicable, identified as the User when you register on FilmYeti.
FilmYeti may allow you to upload photos, resumes, projects and other information and may allow you to message or communicate in other ways with other users through our Service. Any information that you post, transmit or submit through our Website, App or Service will be referred to as “User Content” throughout this Agreement. You agree to keep all information gained from using our Website, App or Service confidential. You agree that you will use any User Content in accordance with applicable privacy and data protection laws.
You agree not to disclose the names, identities, or any User Content of any Talent and/or Project Owner listed on FilmYeti outside of your hiring department; AND you will take appropriate physical, technical and administrative measures to protect content you obtain through use of the Website, App and/or Service from loss, misuse, unauthorized access, disclosure, alteration or destruction. You also agree not to post, publicly disclose or disseminate information about Gigs and/or production notices which you become aware of through our Website, App or Service.
FilmYeti may modify these Terms at any time in our sole discretion by posting a notice on the Website or App. Any changes will take effect 30 days from the date of posting of an update to these Terms or when you explicitly agree to the new Terms.
In order to use FilmYeti, you must register for a User account as either a Project Owner or Talent (your “Account”). You agree to (a) provide accurate, current and complete information as may be prompted by any registration forms (“Registration Data”); (b) maintain the security of your password; and (c) maintain and promptly update the Registration Data as necessary to ensure it is up to date.
When registering with FilmYeti, we may require you to provide us information such as your name, e-mail address, employment history, name of your company or companies, work experience and skill set. Furthermore, you agree to provide us with any other identifying documents that we may request to the extent permitted by local, provincial, state, national and international laws.
FilmYeti may also allow you to use a third-party service such as Facebook, Google, or Twitter to register. We will review the information that you provide to us during the registration process and we may also review any other information about you that is publicly available. We reserve the right, in our sole discretion, to accept or reject your registration to use our Website and Service. If your registration is accepted, you will be allowed to use our Service.
You must be the age of majority in your jurisdiction to use the Services. If you are using the Services on behalf of a company, you must have the authority to bind the company. By using the Website, App or Services on behalf of any entity, you hereby represent and warrant that the individual accepting these Terms is duly authorized to accept the Terms on such company’s behalf and such company has the full power to enter into these Terms and perform its obligations hereunder.
In certain instances, FilmYeti may require you to provide proof of identity to create your account, or to access or use the Services, and you acknowledge and agree that you may be denied access or use of the Services if you refuse to provide such proof. The Services are not available to any Users previously removed from the Platform by FilmYeti.
Talent Users must upload certain profile information to the Platform to allow FilmYeti to assess the individual’s work experience, compatibility and qualification for Gigs.
Talent must schedule an interview with FilmYeti to be considered for FilmYeti membership. Talent must provide at least two references (people they’ve worked with/for in the past) to be considered for FilmYeti membership. FilmYeti reserves the right to ask for more references at our sole discretion. FilmYeti reserves the right to grant membership at our sole discretion.
Only Talent Users that have passed the interview and reference screening will be granted membership and receive notices for Gigs.
FILMYETI RESERVES THE RIGHT TO GRANT AND REVOKE MEMBERSHIP TO ANY INDIVIDUAL AT FILMYETI’S SOLE DISCRETION.
Project Owners must upload certain profile information to the Platform to allow FilmYeti to assess the individual’s and/or company’s industry standing and experience. FilmYeti reserves the right to ask Project Owners for references (including, but not limited to people and/or companies they’ve hired and worked with in the past) and any additional information, to the extent permitted by law, and in our sole discretion.
Only Project Owners that have passed our references screening will be granted membership and be able to create Project Notices (as defined below) using the FilmYeti Website, App, and Platform.
FILMYETI RESERVES THE RIGHT TO GRANT AND REVOKE MEMBERSHIP TO ANY INDIVIDUAL AND/OR COMPANY AT FILMYETI’S SOLE DISCRETION.
Project Owners seeking Talent publish job descriptions for Gigs on the Platform (known as “Project Notices”). Each Project Notice must offer the nature of the work, estimated length and start date, and compensation associated with the Gig. In addition, the Project Notice may specify the terms and conditions for hire of any freelance Talent.
Based on the Project Owner’s requirements in the Project Notice, FilmYeti recommends specific Talent users to the Project Owner, which Project Owner can invite to submit an application. Project Notices published on the FilmYeti Platform are invitations to Talent to apply for the Gig and are not offers to hire. A Talent’s properly completed and submitted application constitutes the Talent’s offer to perform the services under the terms listed in the Project Notice (known as an “Application”).
An Application is deemed to be accepted only if Talent receives a confirmation from FilmYeti via the App, text message, or to Talent’s email address indicating that the Project Owner has accepted Talent’s Application. By submitting an Application, Talent agrees to be bound by the terms and conditions of that Project Notice.
FilmYeti is only a platform for connecting Project Owners and Talent. Project Owners contract directly with the Talent they hire. FilmYeti will not be a party to any agreements or contracts for Gigs. FilmYeti acts to coordinate staffing and payments between Project Owners and Talent but does not act as a representative for either party and nothing in our involvement in the marketplace and payment process makes us responsible for the actions of Project Owner or Talent.
We have no control over the conduct of our Users or the truth or accuracy of the information that Users post on the Platform. We cannot guarantee the true identity of any individual. You are responsible for determining the identity and suitability of others who you may contact by means of this Website. We do not endorse any persons who use or register for our Services.
We reserve the right, but have no obligation, to attend at the site of any Gig.
The provider of services is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
There is no fee to register for a FilmYeti Account. FilmYeti charges the Project Owner a fee equalling 10% of the total amount charged by Talent for any Gig that FilmYeti fills through the Service (“FilmYeti Fee”), which is in addition to the Talent’s daily rate. FilmYeti reserves the right to change the FilmYeti Fee for any future or unassigned Gigs at our sole discretion by providing 30 days’ notice to Project Owners.
Project Owners that use the FilmYeti Services to hire Talent must pay any amounts owed to the Talent for the Gig through the FilmYeti Services, as well as any additional fees, surcharges or taxes, including the FilmYeti Fee. FilmYeti will then pay the Talent the amount owed to Talent for his or her services. Project Owners agree to use the Service to pay for all Gigs staffed through FilmYeti.
Project Owners shall not pay Talent directly or otherwise outside of the FilmYeti Services and FilmYeti may terminate your Account immediately for requesting payment in violation of these Terms.
If a Talent requests payment be made outside of the FilmYeti Services, a Project Owner must notify FilmYeti immediately. Failure to do so is a violation of these Terms and may result in immediate termination of your Project Owner account.
If a Project Owner requests payment be made outside of the FilmYeti Services, a Talent must notify FilmYeti immediately. Failure to do so is a violation of these Terms and may result in immediate termination of your Talent account.
Project Owners are required to provide valid credit card and/or automated clearing house (ACH) banking information to register (collectively known as “ Payment Information”), which will be used for payment of Talent, FilmYeti Fees, and any other fees owed under these Terms. Project Owners shall promptly advise FilmYeti if their Payment Information changes due to loss, theft, cancellation, expiry or otherwise, and Project Owners shall be liable for any failure to pay Fees caused by out-of-date billing information.
If a Project Owner fails to pay any amounts under these Terms, FilmYeti will notify the Talent of non-payment and that individual will be free to stop any work-in-progress.
Without limiting other available remedies, FilmYeti may charge Project Owner for late payments, processing fees, penalties or interest at the lesser of one and one-half percent (1.5%) per month or the maximum allowed by law, plus attorneys’ fees and other costs of collection as allowed by law.
FilmYeti reserves the right, in our sole discretion, to place a hold on funds of up to $1,000 on the credit card of Project Owner to ensure payment for a Gig that has been staffed through the platform. FilmYeti will release a hold as soon as deemed appropriate.
For Gigs paying an individual Talent up to $10,000 (as measured in the local currency of the Gig location), Project Owner must pay FilmYeti within 10 calendar days following the Talent’s first day of working at the Gig.
For Gigs paying an individual Talent more than $10,000 (as measured in the local currency of the Gig location) and up to $50,000 (as measured in the local currency of the Gig location), Project Owner must pay FilmYeti within 20 calendar days following the Talent’s first day working at the Gig.
FilmYeti will pay the Talent for a specific Gig within 7 business days of receipt of payment from the Project Owner.
All Talent is responsible for any applicable federal, state, provincial, goods, services, value-added, municipal or other taxes associated with Talent’s Services rendered or income earned. FilmYeti is not accounting software. We do not deduct taxes, or provide tax advice. We will provide receipts for money earned or paid through FilmYeti.
FilmYeti does not offer refunds for any completed Gigs. There is no cancellation fee if a Project Owner cancels a Gig that has been staffed with one or more Talent when the Gig is cancelled more than 5 days before the start date.
If a Project Owner cancels any Gig that has been staffed with one or more Talent within 5 days before the start date, Project Owner will have to pay FilmYeti a fee equalling the lesser of $1,000 (as measured in the local currency of the Gig location) or 10% of the money that would have been paid to Talent for the cancelled Gig.
Subject to your compliance with these Terms and your payment of any fees owed hereunder, FilmYeti grants you a non-transferable, non-exclusive, license to (a) access and use the Website and the Services, and (b) download, install and use one copy of the App on a mobile device that you own or control for your use (the “License”). The App is licensed to you and not sold. Except as explicitly provided herein, nothing in the Terms gives you a right to use the FilmYeti names, trademarks, logos or other distinctive brand features without our prior written consent.
The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the "FilmYeti Content"), and all Intellectual Property Rights related thereto, are the exclusive property of FilmYeti and its licensors. Use of the FilmYeti Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place FilmYeti under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, FilmYeti does not waive any rights to use similar or related ideas previously known to FilmYeti, or developed by its employees, or obtained from sources other than you.
FilmYeti does not claim ownership of the data, materials and/or content created, uploaded or otherwise transmitted by you through use of the FilmYeti Website, App or Service, including but not limited to resumes, job descriptions, photos, graphics, designs, and comments (“User Content”).
However, by using the Website, App and/or Services, you grant FilmYeti a worldwide, royalty-free, non-exclusive license to collect, use, reproduce, store, display and sublicense such User Content for the purpose of providing the Website, App and Services.
FilmYeti may impose certain limitations on the use of the Website, App or Services, including, but not limited to restricting the number of accounts you may register, and/or imposing charges for certain features of the Services. You agree to use the FilmYeti Website and the Services only for purposes as permitted by these Terms.
FilmYeti reserves the right to modify or impose any limitations on the use of the FilmYeti Website, App and the Services at any time, with or without notice to you. We also reserve the right at all times (but will have no obligation) to terminate Project Owners or Talent at any time without any liability whatsoever to you.
(A) intentionally or unintentionally violate any these Terms, or any local, state, provincial, national or international law or regulation, including without limitation using the capabilities of the Services to transmit any unlawful content, to harass or intimidate others, to spam third parties or to impersonate anyone else;
(B) license, sell, rent, lease, transfer, assign or otherwise commercially exploit the FilmYeti Website, App or the Services;
(C) upload, post, email, transmit or otherwise make available any material that:
i. is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
ii. you do not have a right to make available under any law or under a contractual relationship;
iii. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
iv. is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
v. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any Users or viewers of the Website or that compromises a User’s privacy; or
vi. contains any falsehoods or misrepresentations or create an impression that you know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
(D) or modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the FilmYeti Website, App or any software provided by us ;
(E) use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
(F) “stalk” or harass any other user of our Services or collect or store any information about any other user other than for purposes of transacting with one another;
(G) register for more than one user account or register for a user account on behalf of an individual other than yourself;
(H) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(I) use automated scripts to collect information or otherwise interact with the Service or the Site;
(J) use FilmYeti to find Talent for a Gig and then complete the transaction offline in order to circumvent your obligation to pay for the Service;
(K) submit any Project Notice with a false or misleading compensation associated with the Gig, or submit any Project Notice with a compensation that you do not intend to honour; or
(L) advocate, encourage, or assist any third party in doing any of the foregoing.
You agree to defend, indemnify and hold FilmYeti, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable legal fees, made by a third party, relating to or arising from: (a) any content you create, submit, post, transmit, or otherwise make available through the Website, App or Services; (b) your use of the Website, App or Services; (c) any dealings between you and any persons whom you send or otherwise transmit links or any content to using the Service, including without limitation claims relating to misrepresentation; (d) any violation by you of these Terms or our Code of Conduct; (e) your violation of any rights of another; or (f) your violation of any contract you enter into with another User of the Service. This obligation shall survive the termination or expiration of these Terms and/or your use of the Services.
FilmYeti may, at any time and for any reason or no reason, without prior notice, immediately suspend all or a portion of your Account and/or access to the Website, App or Services. Cause for such termination shall include, but not be limited to:
(a) violations of the Terms, Code of Conduct, or any other policies or guidelines that are referenced herein and/or posted on the Website, App or through the Services, including our Code of Conduct;
(b) a request by you to cancel or terminate your account;
(c) discontinuance or material modification to the Services or any part thereof;
(d) a request and/or order from law enforcement, a judicial body, or other government agency;
(e) where provision of the FilmYeti Website, App or the Services to you is or may become unlawful;
(f) unexpected technical or security issues or problems; or
(g) your participation in fraudulent or illegal activities. Any such termination or suspension shall be made by FilmYeti in its sole discretion, and FilmYeti will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your Account and/or access to the Services.
You acknowledge and agree that the Website may contain advertisements from both Project Owners and from other third parties. If you elect to have any business dealings with anyone whose products or services may be advertised on the Website, you acknowledge and agree that such dealings are solely between you and such third party and you further acknowledge and agree that FilmYeti shall not have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings.
The Website and App may contain links to other websites that are not owned or controlled by FilmYeti. In no event shall any reference to any third party, advertisement, third-party product or service be construed as an approval or endorsement by FilmYeti of that third party, third-party product or service.
FilmYeti is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website or App are subject to the terms and conditions of those websites and or services and you are responsible for determining those terms and conditions and complying with them. The presence on the Website or App of a link to any other website(s) or any advertisements does not imply that FilmYeti endorses or accepts any responsibility for the content or use of such websites, and you hereby release FilmYeti from all liability and/damages that may arise from your use of such websites or receipt of services from any such websites.
THE WEBSITE, SERVICES AND APP ARE PROVIDED "AS IS" AND ON AN “AS AVAILABLE” BASIS. FILMYETI SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND RELATING TO THE FILMYETI WEBSITE, APP AND THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR MERCHANTABLE QUALITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
ANY MATERIAL TRANSMITTED, STORED, ACCESSED OR OTHERWISE MAINTAINED THROUGH THE USE OF THE SERVICES IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM ANY SUCH USE OF THE WEBSITE, APP OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FILMYETI OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THESE TERMS.
UNDER NO CIRCUMSTANCES SHALL FILMYETI BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THE FILMYETI WEBSITE, APP OR THE SERVICES, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, ANY BUGS, VIRUSES OR OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE FILMYETI WEBSITE, OR (V) ANY DEALINGS OR TRANSACTIONS BETWEEN YOU AND ANY PERSONS OR USERS WHOM YOU SEND OR TRANSMIT ANY CONTENT TO USING THE SERVICE, INCLUDING WITHOUT LIMITATION ANY PRODUCTS OR SERVICES OFFERED BY YOU TO SUCH PERSONS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FILMYETI’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIVE HUNDRED CANADIAN DOLLARS ($500 CDN) OR (B) AMOUNTS YOU’VE PAID FILMYETI IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
We may make available software to access the Services via a mobile device ("Mobile Software"). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. FilmYeti does not warrant that the Mobile Software will be compatible with your mobile device. You may use mobile data in connection with the Mobile Software and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Subject to your compliance with these Terms and your payment of any fees owed hereunder, FilmYeti hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one FilmYeti account on one mobile device owned or leased solely by you, for your personal use.
You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software.
If you provide us with your consent, you acknowledge that FilmYeti may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license end-user license agreement, if any, authorizing use of such code.
The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and FilmYeti or its third-party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. FilmYeti reserves all rights not expressly granted under this Agreement.
If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies. The Mobile Software will be deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Services and any accompanying documentation by the U.S. Government will be governed solely by these Terms of Services and is prohibited except to the extent expressly permitted by these Terms of Services.
The Mobile Software originates in Canada, and is subject to Canadian export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from Canada. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all Canadian and foreign laws related to use of the Mobile Software and the Services.
The following applies to any Mobile Software you acquire from the iTunes Store ("iTunes-Sourced Software"): You acknowledge and agree that this Agreement is solely between you and FilmYeti, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Services. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software.
In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to FilmYeti as provider of the software.
You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to FilmYeti as provider of the software.
You acknowledge that, in the event of any third-party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party's intellectual property rights, FilmYeti, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and FilmYeti acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the iTunes-Sourced Software against you as a third-party beneficiary thereof.
This Agreement shall be governed by the laws in effect in the Province of Ontario, Canada. No choice of laws rules of any jurisdiction shall apply to this Agreement. Subject to the Arbitration terms below, the courts of the Province of Ontario shall have jurisdiction over any legal action or proceeding arising out of or relating to these Terms, the FilmYeti Website or the Services and you consent to the jurisdiction of such courts for any such action or proceeding.
You waive all rights that you may have or that may hereafter arise to contest such jurisdiction of such courts. The parties waive any right to a jury trial with respect to any action brought in connection herewith. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded. You agree that any claim or cause of action arising out of or related to these Terms or the use of the Services must be filed within one (1) year after the cause of action arose or be forever barred.
For any dispute with FilmYeti, you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally. In the unlikely event that FilmYeti has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com.
The arbitration will be conducted in Toronto, Ontario, Canada, unless you and FilmYeti agree otherwise. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses.
If you are an individual using the Services for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney's fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process.
Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing FilmYeti from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
If you have any questions about these Terms or if you wish to receive any additional information, provide feedback or raise any concerns in relation to the FilmYeti Website, App or the Services, please contact us at [email protected]