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Terms of Service

Last updated: January 2025

1. Introduction

These Terms of Service, together with any documents or website links they expressly incorporate by reference (collectively, these "Terms" or this "Agreement"), govern your access to or use of all websites and applications under the film.fun domain, including but not limited to film.fun, community.film.fun, arena.film.fun, studio.film.fun, and any other subdomains or properties operating under the *.film.fun banner (collectively, the "Site"), and any other websites, media, features, content, software products, mobile applications, events, contests, promotions, and services facilitated through the Site and their associated service platforms, including any improvements, developments, or modifications thereto (collectively, the "Services").

If you are under the age of 18 ("Minor"), your use of Services shall be permitted with the consent of your parent or legal guardian and their acceptance of Terms set forth herein. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you.

The Services are made available by Automaton Limited ("Automaton", "film.fun", "we", "us", or the "Company"). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND AUTOMATON LIMITED.

By accessing or using the Services, you represent and warrant that (i) you have read and understood these Terms and (ii) confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

2. Description of Services

film.fun is an online community of AI-empowered filmmakers that allows creators to publish, showcase, and promote their films, visual art, portfolios, and creative works on the platform. The Services include the Arena competition, portfolio hosting, profile management, discovery features, and community engagement tools.

The Services are made available solely for your personal, noncommercial use unless otherwise agreed in writing with the Company.

3. Account Registration

To engage in the Services, you may be required to maintain an active account ("Account"). In order to create an Account and use the Services:

  • You must be at least 18 years of age or the minimum age required in your jurisdiction to consent to use the Services
  • You must have the requisite power and authority to enter into these Terms
  • You must not be prohibited from using any aspect of our Services under applicable laws
  • Your Account must not have been previously disabled for violation of law or any of our policies
  • Users under the age of 18 are required to get parental or legal guardian's consent prior to engaging in the Services

You agree to maintain accurate, complete, and up-to-date information in your Account at all times. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account log-in information at all times. You may not authorize third parties to use your Account.

4. Content Ownership and Rights

Your Warranties: By uploading content to film.fun, you represent and warrant that:

  • You either are the sole and exclusive owner of Your Content or you have all rights, licenses, consents and releases necessary to grant the Company the license to use Your Content as set forth herein
  • Neither Your Content, nor your submission, uploading, publishing or otherwise making available of Your Content, nor the Company's use of Your Content as permitted herein, will infringe, misappropriate, or violate any third party's intellectual property or proprietary rights, rights of publicity or privacy
  • You have obtained consent from any individuals appearing in your content
  • Your content complies with all applicable laws and regulations
  • Your content does not contain material that is violent, threatening, unlawful, defamatory, obscene, or otherwise objectionable

Ownership: You retain ownership of any content you submit, post, or display on or through the Service ("Your Content").

5. License Grant to film.fun

By uploading, submitting, or displaying content on the Service, you grant film.fun and Automaton Limited a perpetual, non-exclusive, royalty-free, transferable, sub-licensable, irrevocable, worldwide license to:

  • Host, use, distribute, modify, copy, publicly perform or display, translate, create derivative works of, and otherwise exploit Your Content in any manner in all formats and distribution channels now known or hereafter developed
  • Use Your Content for advertising, marketing, and promotional purposes across all media
  • Feature your work in promotional materials, social media campaigns, press releases, and marketing communications
  • Create compilations, showcases, and highlight reels featuring Your Content
  • Distribute Your Content through the film.fun ecosystem and partner platforms
  • Use Your Content to promote the Arena competition and other film.fun features
  • Use Your Content to improve and develop our Services

You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access Your Content through the Service, and to use Your Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Service.

You can end your license at any time by deleting Your Content or Account, however, any content shared with others that has not been deleted will continue to be available, and content already incorporated into promotional materials will continue to be used.

6. Acceptable Use

In connection with your use of the Services, you agree:

  • To comply with all applicable laws
  • To only access or use the Services for lawful purposes
  • Not to impersonate someone other than yourself or provide any other person or entity with access to the Services using your Account
  • Not to cause nuisance, annoyance, inconvenience, or property damage to any third party
  • Not to use the Services in any manner that could disable, overburden, damage, or impair our systems
  • Not to introduce viruses, malware, or other malicious code into the Services
  • Not to attempt to gain unauthorized access to the Services or the servers on which the Services are administered
  • Not to run crawls, scrapes, or spiders on any portion of the Services
  • Not to engage in spam, harassment, or deceptive practices
  • Not to represent that AI-generated Output was human generated when it was not

7. AI-Generated Content

AI and machine learning are rapidly evolving fields of study. Given the probabilistic nature of machine learning, AI-generated output ("Output") may, in some situations, result in content that is inaccurate or unexpected. When you use our Services, you understand and agree:

  • Output may not always be accurate or reflect real people, places, or facts
  • You should not rely on Output as a sole source of truthful or factual information
  • You must not use any Output relating to a person for any purpose that could have a legal or material impact on that person
  • Output may be incomplete, incorrect, or offensive, and Output does not represent the Company's views

8. Arena Competitions, Prizes & Bounties

The Arena is a competition, prize, and bounty platform for short films, advertisements, social content, and other creative works. Arena competitions may be created and sponsored by film.fun or by third-party sponsors ("Sponsors"). By participating in any Arena competition, you agree to the following:

8.1 Competition Rules

  • Each competition will have its own specific rules, eligibility requirements, submission deadlines, and judging criteria
  • Competition decisions by judges or Sponsors are final and binding
  • film.fun reserves the right to disqualify entries that violate these Terms or competition-specific rules
  • Prize values, distribution methods, and timelines are determined by the Sponsor and may vary by competition

8.2 Third-Party Sponsor Competitions

Many Arena competitions are created and funded by third-party Sponsors including brands, agencies, production companies, and other organizations. When you enter a Sponsor competition:

  • You may be required to agree to additional terms set by the Sponsor
  • Sponsors may require IP assignment, commercial licenses, or exclusive rights to winning entries
  • Sponsors may use winning content for advertisements, social media, broadcast, or other commercial purposes
  • Some competitions may require you to enter into separate contracts with the Sponsor for IP assignment or licensing
  • Prize fulfillment is the responsibility of the Sponsor, not film.fun

8.3 IP Rights in Competitions

Competition-specific IP terms will be disclosed before you submit an entry. These may include:

  • Full IP Assignment: Transfer of all intellectual property rights to the Sponsor
  • Commercial License: Grant of commercial usage rights while you retain ownership
  • Exclusive License: Exclusive rights to the Sponsor for a specified period or territory
  • Work for Hire: Content created as work made for hire under applicable law

You warrant and represent that any content you submit to a competition is your original work, that you have all necessary rights to grant the licenses or assignments required, and that your submission does not infringe any third-party rights.

8.4 Platform Rights

Regardless of any Sponsor-specific terms, film.fun retains a perpetual, worldwide, royalty-free, non-exclusive license to use, display, reproduce, and distribute all Arena submissions for platform promotion, marketing, showcasing talent, and improving our Services. This platform license exists independently of and in addition to any rights granted to Sponsors.

8.5 Platform Disclaimer for Sponsor Competitions

FILM.FUN ACTS AS A PLATFORM TO FACILITATE COMPETITIONS AND IS NOT RESPONSIBLE FOR: (I) THE ACTIONS, OMISSIONS, OR CONDUCT OF ANY SPONSOR; (II) THE TERMS, CONDITIONS, OR REQUIREMENTS SET BY SPONSORS; (III) THE FULFILLMENT, QUALITY, OR DELIVERY OF PRIZES; (IV) ANY DISPUTES BETWEEN YOU AND A SPONSOR; OR (V) ANY CONTRACTS OR AGREEMENTS YOU ENTER INTO WITH SPONSORS. YOU PARTICIPATE IN SPONSOR COMPETITIONS AT YOUR OWN RISK AND SHOULD CAREFULLY REVIEW ALL SPONSOR TERMS BEFORE SUBMITTING.

9. Intellectual Property

The Services, and all content, logos, designs, trade dress, trademarks, slogans, features, and functionality therein, including all information, inventions, algorithms, source code, computer software, methods, text, displays, images, video and audio (collectively "Company IP"), are owned by the Company, its affiliates, or licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You agree not to reproduce, reformat, distribute, modify, create derivative works of, publicly display, publicly perform, promote, publish, download, store, license, sublicense, or transmit any Company IP except as allowed by law or as necessary to use the Services for their intended purposes in compliance with these Terms.

10. Infringement Policy & DMCA

The Company respects the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright, trademark, or other proprietary right you own or control, please submit a DMCA takedown notice to dmca@film.fun.

Your DMCA notice must include:

  • Your contact information (name, address, telephone number, and email)
  • A description of the copyrighted work you claim has been infringed
  • The URL or location of the allegedly infringing material on our Services
  • A statement that you have a good faith belief that the use is not authorized by the copyright owner
  • A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf
  • Your physical or electronic signature

The Company will process notices of alleged infringement and will take appropriate action as required by applicable intellectual property laws, including removing or disabling access to infringing content and terminating repeat infringers.

11. Content Removal

We reserve the right to remove any content that violates these Terms or that we find objectionable for any reason, without prior notice. We may also suspend or terminate accounts that repeatedly violate these Terms or engage in prohibited activities.

12. Third-Party Services & Integrations

Our Services integrate with and rely upon third-party services including but not limited to:

  • Authentication providers (Privy)
  • Cloud hosting and database services (Supabase, Vercel)
  • Payment processors for prizes and transactions
  • AI and machine learning services
  • Social media platforms for sharing and authentication
  • Analytics and performance monitoring services

We are not responsible for the availability, accuracy, or reliability of these third-party services. Your use of third-party services is subject to their respective terms and privacy policies. We are not liable for any losses, damages, or issues arising from third-party service failures, outages, or changes to their terms or functionality.

13. No Professional Advice

The Services and any content provided therein are for informational and entertainment purposes only. Nothing on the Services constitutes legal, financial, tax, investment, or other professional advice. You should consult with qualified professionals before making decisions based on any information obtained through the Services. Any prizes, earnings, or financial matters related to competitions may have tax implications; you are solely responsible for understanding and complying with applicable tax laws in your jurisdiction.

14. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE AND EXCLUSIVE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS, WITH ALL FAULTS," AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION: THE AVAILABILITY, ACCURACY OF ANY CONTENT OR MATERIALS, INFORMATION, OR SERVICE, AND THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES.

15. Limitation of Liability

IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE, OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO, OR USE OF THE SERVICES.

16. Indemnification

You agree to defend, indemnify, and hold the Company, its affiliates, licensors, service providers, employees, directors, officers, shareholders, and agents harmless from any claims, losses, liability costs, and expenses (including but not limited to attorney's fees) arising from (i) your violation of any third party's rights, (ii) your use of the Company's Services, or (iii) your breach or violation of any of this Agreement.

17. Termination

We may terminate or suspend your account at any time for any reason, including violation of these Terms. You may terminate your access to the Services by deleting your account. Upon termination, your right to use the Services will immediately cease. Provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

18. Force Majeure

Neither party shall be held liable for inadequate performance of this Agreement to the extent caused by a condition that was beyond the parties' reasonable control (including but not limited to a natural disaster, pandemic, governmental action, riot, or an act of war or terrorism).

19. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of significant changes by posting a notice on the Service or updating the "Last updated" date. Your continued use of the Service after changes constitutes acceptance of the modified Terms.

20. Governing Law

These Terms shall be governed and construed in accordance with applicable laws, without regard to conflict of law provisions. Any disputes arising from these Terms or your use of the Service shall be resolved in the courts of competent jurisdiction.

21. Contact Us

If you have any questions about these Terms of Service, please contact us at legal@film.fun

See also: Privacy Policy