Any Use of this Website is subject to these Terms of Service, and you consent to all of its terms. If you do not agree with any of the terms in these Terms of Service, please do not use this Website.
- This Website is owned and operated by Film Platform Ltd. (“FP”, “we” or “us” and the “Website”, respectively).
- Any browsing, visiting, downloading, registration, signing-up, payment, purchase, streaming, uploading of information, or any other act or use in connection with the Website (“Use”) is subject to the provisions of these Terms of Service, as amended from time to time.
- Please read these Terms of Service (“Terms” or “Terms of Service”) carefully before using the Website. If you disagree with any of the terms in these Terms of Service, then you may not access or use the Website.
- These Terms of Service were last updated in February 2022.
- We may make changes to these Terms of Service. The binding version of the Terms of Service, at all times, is the most recent version displayed on the Website, and you accept and agree to all the provisions of these Terms, as amended from time to time. We will endeavor to provide at least 14 (fourteen) days notice prior to any material changes (as determined by us in our sole discretion) to these Terms of Service. If you do not agree to any change to these Terms of Service, you should discontinue your Use of the Website.
- You are encouraged to review these Terms of Service each time you Use the Website.
- In the event of a contradiction between these Terms of Service and any other advertisement or publication made by FP by any means, the provisions of these Terms of Service shall prevail.
- You may purchase a Streaming License and/or a Public Performance Rights License (a “License”) from FP and make an order subject of a License (an “Order”) to access and view certain documentary and educational digital content (the “Content”).
- Before purchasing a License and/or making an Order on the Website, you should thoroughly examine the provisions of these Terms of Service.
- Within the framework of the Use of the Website, the PayPal, credit card or bank account used to purchase a License and/or make an Order on the Website is subject to the terms and conditions of PayPal, the credit card company, or the relevant bank. FP assumes no liability or responsibility for any damage or loss of any kind for any acts of omissions of PayPal, the credit card company, or the bank in this regard.
- After making an Order, and subject to receiving a confirmation from the relevant credit card company, bank, or PayPal, a transaction confirmation message will be sent to the email address you provided on the Website.
- The price for each Order includes all applicable taxes in accordance with Israeli law. You are responsible for all internet and wireless access charges.
- FP may, at any time, in its sole discretion, cancel any Order prior to providing you with the Content (without charging you for the transaction).
- Payments are non-refundable and there are no refunds or credits for partially used periods of an Order. Following any cancellation, however, you will continue to have access to the Content through the end of the period of your Order.
- The Content in relation to the relevant Order subject of a License shall be deemed in satisfactory condition for exhibition unless you, after inspection, notify FP to the contrary within seven (7) business days of receipt of the Content specifying the nature of the defect. In the event that the Content (and not, for the avoidance of doubt, your Internet connection, wireless access or other technical problem on your end) delivered is defective in any way, FP shall be solely liable to replace such Content in a timely manner. FP shall have no other obligations and/or liabilities towards you in this
- FP, in its sole discretion, reserves the right to change, limit, replace, remove and update, from time to time, the Content on the Website, the prices of the Content, and any other matter related to the Content or the Website.
- FP also offers free trials in relation to the Use of the Website.
- When you Use the Website, including, to access the Content, you may register and create a personal business account (an “Account”) or you and/or your authorized end users may access the Content without registering an Account using a user-name and password that is provided by the Organization.
- Only one Account is permitted per person.
- At all stages of the Account registration and/or Order purchasing process, you will be requested to provide correct and complete information in accordance with the instructions on the Website and you agree to inform us of any changes to the information you have provided. You also agree and acknowledge that you assume sole responsibility for any loss or damage caused as a result of you providing false, incorrect or incomplete information (including due to a typographical error) and we assume no liability or responsibility for any loss or damage in this regard, including in connection with the non-receipt of communications of any kind and you waive any claims in this regard.
- Within the framework of the Website, you can select a unique username and password, which will be used to identify you. The username and password are for personal use only. You must keep your username and password confidential and secure. FP assumes no liability or responsibility for any loss or damage resulting from the use of any third party of your username and password.
- Your Account is personal and it may not be transferred to a third party or used by or through a third party unless provided otherwise in these Terms. You are responsible for any and all activity that occurs on your Account. If you suspect any unauthorized use of your Account, you must notify FP immediately. You agree not to use the Account of any third party or disclose the details of your Account to any third party unless provided otherwise in these
- FP, in its sole discretion, reserves the right to decline to approve the registration of your Account for any reason.
- Access to your Account will only be possible upon receipt of confirmation of the registration of your Account by way of an email sent to the email address you provided as part of the registration process.
- Individual account – an individual that accesses the Content through an Organization may also register and create an account and in such a case the provisions of paragraphs 24, 25, 28 and 29 above will apply to such account, mutatis mutandis.
Grant of Streaming License
- Within the framework of the Website, you may purchase a Streaming License and make Orders subject of the Streaming License.
- In such a case, subject to these Terms of Service, for the applicable period stated in the Order, and subject to full payment of the Order, FP will grant you (and any Authorized Users) a non-exclusive, non-transferable, limited license, without right of sublicense, to access and exhibit certain Content, for the Authorized Use, on a streaming-only basis via a URL provided to you and through an online platform situated on the Website (the “Platform” and “Streaming License”, respectively).
- “Authorized Users” means an Organization’s currently enrolled students, employees, faculty, staff, affiliated researchers, distance learners, authorized attendees at educational classes hosted by the Organization, and visiting scholars authorized by the Organization to view the Content including by remote access through an authentication (proxy) server that guarantees access only by authorized users.
- “Authorized Use” means real-time viewing of a digital transmission, for educational purposes only.
- Within the framework of the Streaming License, you may stream the Content via the Platform for your own internal use or to provide access to third parties that have been authorized by FP to access the Content.
- All rights granted to you under this Streaming License are subject to your (and Authorized Users) compliance with the terms and conditions of such license, the relevant Order, and applicable law and may only be exercised for your (and Authorized Users) non-commercial educational use. You (and Authorized Users) are prohibited from screening or streaming the relevant Content of the relevant Order for commercial and/or monetary gain, including, amongst other things, that a public presentation of the Content shall not require entrance fees or be used for the purpose of fundraising.
- Authorized Users accessing, viewing, and streaming the Content from home or off-campus will have to log in to their Organization’s proxy server or VPN before being able to access and view the Content, all in accordance and subject to the provisions of these Terms of Service.
- The subject matter of the Content and the type of service is specified in the relevant Order subject of the Streaming License.
- The number of Authorized Users permitted to access the Content during the term of the relevant Order subject of the Streaming License shall not exceed the number specified on the relevant Order.
- The price for the Content is specified on the applicable Order subject of the Streaming License with respect to each such Order term. The price shall be paid by you prior to the supply of the Content and as a condition thereto. Price, fees, and charges may change periodically, and the Content may cease to be available for renewal in subsequent Order terms.
- The period of the Order subject of the Streaming License commences at the time you are given access to the Content and for the duration specified in the relevant Order. At the end of this period, the Content will no longer be available to you, unless you request and pay for a renewal in advance.
Grant of Public Performance Rights License
- Within the framework of the Website, you may purchase a Public Performance Rights License and make Orders subject of the Public Performance Rights License.
- In such a case, subject to these Terms of Service, for the applicable period stated in the Order, and subject to full payment of the Order, FP will grant you (and any Authorized Users) a non-exclusive, non-transferable, limited license, without right of sublicense, to use and view certain Content specified in the Order, for non-commercial, educational and personal use only, for the life of the relevant DVD copy or the digital copy of the Content delivered to you by a link to the Platform or otherwise (a “Public Performance Rights License”).
- All rights granted to you under this Public Performance Rights License are subject to your (and authorized end users) compliance with the terms and conditions of such license, the relevant Order, and applicable law and may only be exercised for your (and authorized end users) non-commercial educational use. You (and authorized end users) are prohibited from using the relevant Content of the relevant Order for commercial and/or monetary gain, including, among other things, being exhibited to an admission paying audience.
- For the avoidance of doubt, under the Public Performance Rights License and the relevant Order subject of the Public Performance Rights License, you are entitled to include the Content of the relevant Order in your public library and make it accessible to your authorized end-users and/or cardholders for the purposes of research, education, or other non-commercial use for student, staff, and faculty or any additional authorized users.
- In accordance with any shipping options provided in the Order subject of the Public Performance Rights License, you are responsible to pay the shipping fees and FP shall endeavor to deliver the Content to you in a timely manner (subject to prior payment). However, FP shall not be in breach of the Order for failure to deliver any of the Content on the designated date, subject to applicable law, and shall not be liable for incidental or consequential damages.
- Within the framework of the Website, you may also access the Film Platform Forum free of charge for educational purposes only.
- The Film Platform Forum is an online blog designed to, among other things, highlight and discuss certain Content for education and share a panel event for Organizations (faculty members and students).
- You shall not, and shall not permit any third party to: (a) copy, store, upload or download, or otherwise reproduce the Content or the software or systems supporting the Content (collectively, the “Content Systems”); (b) use a License to access Content for which an Order has not been purchased; or (c) decompile or reverse engineer, reverse compile, disassemble, or access the source code for, stream capture, archive, download, broadcast, transmit, retransmit, circumvent content protections of, scrape, use any data mining, data gathering or extraction method on, modify or create a derivative work of, remove, obscure, or modify copyright notices for, sell, rent, lease, loan, market, distribute, commercially exploit, transfer, assign, or sublicense, recreate, display (except as permitted), perform, post, use, replicate, frame, mirror, disclose, publish, or translate the Content Systems, or any component thereof.
- FP may, in full or in part, modify, suspend, block, cancel or terminate your Use of the Website, including access to the Content, cancel or refuse to take further Orders, terminate a License, and take any other legal action or otherwise, with or without advance notice and without liability to FP, if you (or any authorized end-user, including an Authorized User):
- impersonate another person and/or providing incorrect or incomplete information within the framework of your activity on the Website; or
- make commercial use of the Website and/or utilize the Website's platform, in any way for commercial use; or
- collect information, directly and/or indirectly, in connection with other users of the Website; or
- copy and/or duplicate and/or distribute and/or publish and/or transfer (including through a third party) any content appearing and/or displayed on the Website, directly or indirectly, and/or infringe any Intellectual Property; or
- broadcast, screen or otherwise publish any content appearing and/or displayed on the Website, including the Content, directly or indirectly, through third-party applications, including Google Meet, Facebook (or Meta), Instagram, Tik Tok, Zoom, WebEx, Microsoft Teams and the like; or
- introduce or install any viruses, worms or any other malicious code or computer software (including hostile software such as vandals, malicious applications, trojans, etc.) on the Website, FP's computer, or any server, computer, software, or other hardware or any attempt to do so; or
- perform any action aimed at activating or enabling the operation of any computer application or any other means, including software, such as crawlers, robots, etc., for the purpose of searching, scanning, copying or automatically retrieving content from the Website, create and/or use such means to create a compilation, collection or repository that contains content that originates from or is displayed on the Website; or
- display the Website and/or content from the Website within a hidden or visible “Frame”; or
- install or create a link on the Website (including on any page or component of the Website) to sites containing content that is in violation of the law, immoral, offensive, or pornographic, or any attempt to do so; or
- perform any action or omission which infringes the privacy of other users or causes loss or damage of any kind to the Website, FP, or anyone on its behalf or any other third party; or
Direct mailing and advertising
- You agree that FP (and anyone on its behalf) may use the contact information you provide it on the Website and information collected about you during your Use of the Website: to interact with you; to offer and send you marketing content, direct mailing, newsletters, updates, and advertising; and to notify you of FP's services, from time to time (“Mail”).
- The Mail will be sent to you via e-mail, SMS messages, and/or any other means of communication.
- If you do not wish to receive Mail, you may contact us and request that your name be removed from the mailing list by following the instructions in the e-mail message sent to you, or by contacting us (see the contact details below). We will remove your information from the mailing list in accordance with your request and applicable law, including, the Telecommunications Law (Bezeq and Broadcasting), 5742- 1982, and the Privacy Protection Law, 5742- 1982.
- FP or anyone acting on its behalf implements security measures to protect and secure the Website and all information contained or displayed on the Website, including taking precautions to preserve, as far as possible, the confidentiality of the information.
- FP does not guarantee or warrant that it is fully protected against attacks or penetrations made to the Website, its computers or systems, or unlawful disclosure of stored information. In the event that a third party performs any such action and accesses information stored by FP or misuses it (including, by unlawfully disclosing it), you shall not have any claim, suit, demand, or action against FP and FP assumes no liability or responsibility for any loss or damage of any kind caused to you as a result.
- FP assumes no liability or responsibility for any loss or damage of any kind caused to you if any information that you provided is lost, disclosed to an unauthorized third party, or is used without permission.
- You shall notify FP immediately of any breach of security or unauthorized use of your information. You may be liable for any damage or loss of any kind suffered by FP or third parties due to false, incorrect or incomplete information provided by you.
Limitation of Liability
- FP does not guarantee that the Website will operate continuously, uninterruptedly, and be available at all
- FP may, at any time, without notice, limit the availability, modify, change or discontinue, interrupt the operation of or access to the Website or any portion of the Website, as it shall consider necessary, including in order to perform routine or non-routine maintenance, error correction, emergency repairs or other changes. Your responsibilities and obligations in accordance with these Terms shall survive any such limitation of availability, modification, change, discontinuance, or interruption.
- In the event that anyone, who is not under the control of FP, prevents FP from appropriately managing the services provided on the Website and/or if a problem with the computer or communication systems prevent the completion of any operation on the Website, FP is entitled to notify you about the cancellation of an action. In this case, any purchase paid by you and which was canceled at the initiative of FP in such circumstances will be returned to you or alternatively, the debiting of your credit card will be canceled.
- During your Use of the Website you may suffer loss of any kind as a result of interruptions, delays, a decline in quality, a decline in condition, damage to service speed, damage to the manner of service, loss of communications, loss of information, damage to the processing of operations on the Website, theft of information from the Website or the disclosure of information contained on the Website by third parties who are not FP or a person on its behalf (“System Risks”), including where such damage or loss of any kind is caused by third parties or in any other way. FP shall not be liable for any damage or loss of any kind caused to you as a result of System.
- Using the Internet may expose to certain dangers, including, hacking, attacks, penetration, viruses, malware, and the like. It is recommended that you install adequate protection and security software before accessing and using the Internet.
- FP shall not be liable for damage or loss of any kind for any acts or omissions as a result of interactions between users and any third party that is not FP or due to a mistake or error made by you during your Use of the Website or due to any unauthorized use of your information by any third party that is not FP or any false, incorrect or incomplete information provided by you or for the payment processing of other service providers, such as PayPal.
- FP assumes no responsibility or liability for any failure or delay in the provision of its services in connection with the Website arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that FP shall use reasonable efforts which are consistent with accepted practices in the industry to resume performance as soon as practicable under the circumstances.
Disclaimer of Warranties
- FP makes no warranties of any kind, express or implied, with respect to the Content made available on this site. The Content and all information on the Website are provided or sold “as is” and FP disclaims any and all representations and warranties, whether express or implied, including without limitation implied warranties of title, merchant, ability, fitness for particular purpose or non-infringement.
- All pages, components, systems, parts, or elements of the Website, and in connection with the Website, including all worldwide patents, designs, moral rights, trademarks, trade names, copyrights (whether such patents, designs, trademarks, trade names, and copyrights are registered or unregistered), domains, logos, rights in respect of technical information, service marks, images, visual interfaces, graphics, designs, compilations, information, computer codes (including source code or object code), products, trade secrets, services, and all other intellectual property rights in connection with the Website, including, among other things, the Content Systems (“Intellectual Property”) are the exclusive property of FP or a third party which authorized FP to make use of its Intellectual Property.
- Any and all parts of the Intellectual Property of FP or a third party or any other matter relating to the Website shall not be used in any way, including copying, publicly displaying, publishing, distributing, or transmitting it to any person by any means, without the prior written consent of FP or such third party in respect of their respective Intellectual Property.
- FP may assign its rights or obligations regarding any matter in connection with the Website to any party who accepts the provisions of these Terms.
- These Terms of Service shall be governed in all respects by the laws of the State of Israel. You agree that any dispute arising from the Terms or in connection with the Website will be determined by the exclusive jurisdiction of the competent court in Tel Aviv-Yafo, Israel.
- If you have any questions or comments about the Website or these Terms of Service, you may contact us by Email: firstname.lastname@example.org
Version1.1, updated 05/18/2022