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.

    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, 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. 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 by email at help@festhome.com or 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 for any reason, you accede to refund the full price paid for each submission and to work with FESTOME to coordinate those refunds.

    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.

    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

    If your FESTIVAL requests registration 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 to the FILMMAKERS for these registration fees for the full amount paid by the FILMMAKER and will produce a receipt to FESTHOME for each transfer made from FESTHOME to the FESTIVAL.

      Should the FESTIVAL require FESTHOME to produce invoices to FILMMAKERS for the registration fee, a formal written request must be made and accepted by FESTHOME (conditions may apply) where the FESTIVAL will become a provider to FESTHOME, and FESTHOME will become a provider to the FILMMAKERS for the registration fees. In this case, the FESTIVAL will send an invoice to FESTHOME for the amount owed by FESTHOME before the amount owed to the FESTIVAL is transferred.

      The amount owed to the FESTIVAL may be transferred by FESTHOME at the end of the submissions period instead of on a monthly basis.

    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 our services against others.

    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. 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.

  20. 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.

  21. 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.