The 10 Pound Horror Film Ltd. Subscriber Agreement, Terms and Conditions of use & Privacy Policy
Background
This Agreement/Terms and Conditions of use is for subscription to www.the10poundhorrorfilm.com website which will raise funds for a film to be produced by The 10 Pound Horror Film Ltd. (“The Company”).
Definition of Terms
Frame: A single image taken from a strip of film. Every second of film is composed of 25 individual Frames (PAL standard). For the avoidance of doubt the Frame relates only to the physical material of the Frame and not to any content within the Frame or any intellectual property rights which will be retained by The Company. In this document “Frame” may also refer to the free Exclusive Frames or Shock Frames where no specific definition of either is appropriate.
Exclusive Frame: The Company defines this as one randomly assigned unique Frame of the approximately 135000 Frames comprising a minimum of 90 minutes of the first cut of the finished film. This will be printed on acetate Framed in card no larger than A5 size and will include the name of The Subscriber along with the time code reference. This is a free gift to be provided to Subscribers of www.the10poundhorrorfilm.com website subject to clause 7 of this document.
Shock Frame: The Company defines this as an image selected by The 10 Pound Horror Film Ltd. to represent The Film as a whole. This Frame is not unique and will be reproduced as many times as The Company deems necessary. This will be printed on acetate Framed in card no larger than A5 size and will include the name of The Subscriber. A Shock Frame will not be treated as an Exclusive Frame. This is a free gift to be provided to Subscribers of www.the10poundhorrorfilm.com website subject to clause 7 of this document.
The 10 Pound Horror Fiend: Every individual who subscribes to www.the10poundhorrorfilm.com website.
The 10 Pound Horror Film Ltd: is the name of The Company set up to raise funds for The Film – also referred to as “The Company” and whose address is Fairacre, The Avenue, Combe Down, Bath, BA2 5EQ.
The Film: The Film to be written, produced and directed by The 10 Pound Horror Film Ltd. The intention is that The Film will be a feature length film of approximately 90 minutes duration however The Company does not guarantee that The Film will be any minimum length or include any particular content or be of a specified technical quality.
The Subscriber: The person subscribing to www.the10poundhorrorfilm.com website under the terms of this Agreement.
Open Source: When this term is used to describe The 10 Pound Horror Film production, project, film and or website The Company is in no way bound to any form of open source licence and for the avoidance of confusion The 10 Pound Horror Film Ltd is the sole owner and controller of the production and of any film that is made and the use of the term “open source” by The 10 Pound Horror Film Ltd or any of its employees in no way breaks The Company’s rights or licences to the production and film.
The Website: This refers to www.the10poundhorrorfilm.com
Clauses:
1. Subscription to www.the10poundhorrorfilm.com website will be for 12 months from the date the subscription fee is debited from The Subscriber’s account. Subscription will be automatically renewed after this 12 month period unless The Subscriber opts out of this renewal a minimum of 2 weeks before the renewal date.
2. Upon subscription to www.the10poundhorrorfilm.com website The 10 Pound Horror Fiend will enter a 7 day free trial, after which the subscription amount and administrative fees will be taken according to the payment details provided. If The Subscriber wishes to cancel the Subscription he/she must do so before expiry of the 7 day trial by emailing cancellations@the10poundhorrorfilm.com
3. By subscribing to www.the10poundhorrorfilm.com website The 10 Pound Horror Fiends will receive the service of being allowed access to a Members area of The Company’s web site that is not available to members of the general public.
4. The 10 Pound Horror Fiends agree that they are the only individuals entitled to access the members area of The Site using their password and agree not to permit others to access the site using their password. If The Company suspects that a 10 Pound Horror Fiend’s secure login is being misused in any way The 10 Pound Horror Film Ltd. reserves the right to terminate The 10 Pound Horror Fiend’s membership.
5. The Company agrees to award each 10 Pound Horror Fiend a credit which will appear on The Website. Prominence and size of credit is not guaranteed. Further credits and credits on The Film depend on Agreements with third-party distributors at the completion of the project and are not guaranteed. If The Subscriber does not wish to receive this credit he/she should tick the appropriate box during subscription.
6. The Company reserves the right to assign any number of Frames and give them away as part of any promotion or initiative to be developed in future by The Company at its discretion.
7. The 10 Pound Horror Film Ltd. will only endeavour to provide free Exclusive Frames or Shock Frames to subscribers if the target of 135000 active subscribers to www.the10poundhorrorfilm.com website is reached. The Company cannot, however, guarantee provision of Frames to subscribers.
8. Should the company be dissolved or cease to trade all agreements with subscribers are void.
9. The Subscriber is not entitled to any financial reimbursement of their subscription fee, ownership of, or profits from The Film, nor are they entitled in any way to any involvement in any phase of the production process or to any part of the Intellectual Property relating to The Film.
10. The Film is entirely the property of The Company which reserves the right to transfer, assign and/or licence this Agreement to any other third party.
11. To enable The Company to communicate with The Subscriber, The Subscriber is responsible for keeping The Company notified of The Subscriber’s email and postal address to which communications should be sent.
12. The Company’s obligations under this Agreement shall be fulfilled when the director and the producer agree that the first cut of The Film is finished and that the project is completed. At that time www.the10poundhorrorfilm.com website will stop taking new subscriptions, however, any existing Subscribers to the www.the10poundhorrorfilm.com website at the time of completion will have continued access to The Website until the end of their subscription term under the terms of this Agreement.
13. The Company does not offer any guarantees of delivery of Frames or other promotional material. In the event The Subscriber can prove non-delivery, reprints may be provided by The Company at its discretion.
14. For an additional £3 The Company will offer The Subscriber the option to enhance an Exclusive Frame or a Shock Frame by providing it signed by both the director and the producer of The Film.
15. Exclusive Frames are selected at random and The Subscriber may be assigned any Frame within the running time of the first cut of The Film excluding credits.
16. Due to the Filmmaking process and the fact that Exclusive Frames are assigned randomly, Frames may be taken from anywhere in The Film and The Frame may not therefore feature identifiable imagery. It might be for example blurred or black. If The Subscriber is not happy with that possibility, they can, at the point of subscription, opt to receive a promotional image Shock Frame presented in the same way although not unique.
17. Frames and credits will be provided within the terms of this Agreement regardless of whether Subscribers choose to renew their subscription after 12 months. Re-subscription does not entitle Subscribers to extra Frames or credits.
18. The subscription fee of £10 excludes VAT and there is a mandatory additional administrative charge of £0.89. For Frames sent to Subscribers there will be no additional postage and packaging cost. The total charge per subscription is subject to VAT at 17.5%. All payments shall be made by Paypal.
19. The Company reserves the right to hire and/or subcontract anyone they choose at any time.
20. The Subscriber acknowledges that The Film may be funded and promoted by The Company by such means as in the discretion of The Company.
21. The 10 Pound Horror Film Ltd. will endeavour to start shooting The Film as soon as possible after the fundraising phase has been completed but holds the right to do so at any point. The Company aims to complete the fundraising phase of the project by 2010 but reserves the right to extend this period as it sees fit. Production of The Film will commence no later than 2015.
22. The 10 Pound Horror Fiends will not receive a Frame until the director and producer of The Film agree that the first cut of The Film is finished and that the project is completed.
23. The name of The Film will be determined at a later date by The 10 Pound Horror Film Ltd.
24. In the event that The Film is licensed to a third party there is no guarantee that Exclusive Frames will be featured in the theatrical or commercial cut.
25. The Company reserves the right to use Exclusive Frames funded by 10 Pound Horror Fiends for publicity or marketing purposes in any way The Company sees fit relating to the project.
26. All fees and charges are non-refundable once they have been charged to The Subscriber’s card or bank account. The Subscriber, and not The Company are responsible for paying any amounts billed to your credit card by a third party which were not authorized by you.
27. This Agreement is governed by the laws of England and Wales and the parties/subscribers submit to the jurisdiction of the English Courts.
28. Our Privacy Notice is a part of this Agreement and it’s terms are incorporated herein by this reference. Please read it below.
29. The Subscriber agrees to indemnify and hold The Company harmless, and pay it’s attorney's fees and costs, if The Company becomes liable for or incurs any damages in connection with The Subscriber’s breach of this Agreement.
30. The Company may change the provisions of this Agreement whenever it chooses. When The Company changes the terms of this Agreement, it will update this document which will always be available to view on The Website. By agreeing to these terms The Subscriber has already agreed in advance to be bound by any future changes.
PRIVACY POLICY
Our terms:
1. Our use of personal information
(a) The 10 Pound Horror Film Ltd. of Fairacre, The Avenue, Combe Down, Bath, BA2 5EQ (‘we, us or our') and such other organisations which assist us in providing services to you will use information about you ('personal information') to provide and enhance our services to you and for the purposes ancillary to this.
(b) We may contact you by mail or e-mail with offers of goods and services which may be of interest to you. By providing us with these details you consent to being contacted in that manner for these purposes.
If you would prefer us not to use your personal information for the purposes set out at paragraph (b) above please tick the opt out box provided when you subscribe to The 10 Pound Horror Film website. Remember that if you do, we will not be able to notify you of special offers and promotions.
2. Monitoring
Please note that if you communicate with us electronically, including by email, telephone or fax, this communication may be randomly monitored or recorded to protect the interests of our company and our subscribers. This includes for the purposes of maintaining high quality standards, crime detection.
3. Hyperlinks
We may provide hyperlinks from The Site to websites of other organisations. Please note that this privacy policy applies only to www.www.the10poundhorrorfilm.com and we will not be liable for the contents of linked websites operated by other organisations or any transactions carried out with organisations operating those websites.
4. What are cookies and why might we use them?
A cookie is a piece of text which attaches to your hard drive and from which it can store and sometimes track information on how you make use of a website. Please note that The Websites to which the site may be linked may make use of their own cookies to collect information from you.
The Site may use cookies because they will store and recall data which you have previously provided on the site and will save you from retyping that data every time you enter the site. We might also use the data gathered by cookies to improve the quality of the site and our services to you. For example, we might use cookies to gauge the number of people who make use of the site and usage patterns.
You may nevertheless prefer us not to send you any cookies. If this is the case, you can set your browser to automatically reject all cookies. It is also possible to set your browser to notify you if a cookie has been sent to you so that you can, at your option, accept or reject that particular cookie.
5. Information updates
Please help us to keep your personal information current and accurate by contacting us if you notice that your personal information is inaccurate and/or out of date.
6. Security
When you enter data on the site, a security device may be activated. This will ensure that any data which you enter is encrypted during transmission over the internet. Encryption of data is where data is encoded so that it is not legible until such time as it is decoded by us. Further, if you provide us with personal information such as bank account details such data is held by our bank/merchant account operator. We also have systems in place to ensure that your personal information cannot be accessed by unauthorised sources.
However, as you may be aware no data transmission over the internet can be entirely secure. As a result, whilst we will use reasonable endeavours to protect your personal information, we cannot guarantee the security of your personal information and the use of the site (including the email facilities) is at your own risk.
7. Changes to this policy
We request that you refer to the site on a regular basis to ensure that you are aware of the most recent policies (including this privacy policy) and Terms and Conditions of use for the site.
INTELLECTUAL PROPERTY
Unless otherwise stated, any intellectual property rights arising in respect of this site’s design, text, graphics, their selection and arrangement, software and all other material (the content) on or in this site belong to The 10 Pound Horror Film Ltd. and /or its licensors. Any use of such intellectual property rights or software or any reproduction of the content is strictly prohibited except where expressly allowed under the terms.
ADVERTISEMENTS
This site contains material, including advertising, which originates from third parties. It is the responsibility of such advertisers, sponsors and other third parties to ensure that such material complies with all relevant laws and regulations.
Hyperlinks
We provide hyperlinks from our site to websites of third parties. Please note that we have no control over and are not responsible for the content of linked websites and accordingly make no warranty or representation as to their contents. The 10 Pound Horror Film Ltd. provides these links for your convenience only but does not necessarily endorse the material on those websites nor is The 10 Pound Horror Film Ltd. in anyway responsible for any transaction conducted between you and any such third parties to whose website we provide a link. You proceed to these websites at your own risk.
Illegal Use
You may only use the site for lawful purposes. You must not illegally transmit, distribute or store any material or violate any applicable regulation. This includes, without limitation, material which is protected by copyright, trademark, trade secret or intellectual property rights which you use without permission.
You may not circumvent or attempt to circumvent The 10 Pound Horror Film Ltd.’s security systems by cracking, hacking or otherwise.
In the interests of all our users, The 10 Pound Horror Film Ltd. will co-operate with investigations by any law enforcement organisation or relevant authorities of suspected criminal activity or violation of systems or network.
