Reconciling Discrepancies, Relationship With The CAMA
Personal Data And Banking Details
Disclaimers And Liability
Governing Law And Jurisdiction
1. What Does The Platform Do
Once you have been given access to the platform, registered, logged in and updated your profile and relevant information and data, you will be able to use the Platform for various purposes.
2. Approving Your Details And Confirming Payments
You will be asked to add, complete or verify certain information and data fields on the Platform. It is crucial that these fields are correct to enable accurate calculations and payments.
It is your responsibility to verify all information and data, especially before requesting any payments be made to you. We cannot be held responsible for mistakes or errors in payments, bank accounts details, or other information used on the Platform.
3. Reconciling Discrepancies, Relationship With The CAMA
All visualisations, graphic or other representations of the contractual and financial information in the CAMA, calculations and payments made by the Platform, are all subject to reconciliation and correction via the CAMA itself.
The CAMA takes precedence in relation to any discrepancies or disputes.
4. Your Responsibilities
In addition to the other responsibilities throughout these terms, including in section 2, you shall:
only use the Platform as permitted by the Producer in relation to information and payments under the relevant CAMA;
not provide access to the Platform to any third parties, and will take all necessary steps to prevent any unauthorised access to, or use of, the Platform, including keeping secure and confidential the password and account details for use of the Platform;
notify us immediately of any unauthorised access or use, or if you believe that there has been any breach of security such as the disclosure, theft or unauthorised use of any username or password;
in any event be responsible for all activity under you login, account or password, unless due to a security breach caused by us.
You shall not:
attempt to download, modify, create derivative works from, frame, mirror, republish or distribute any portion of the Platform except; or
attempt to copy, adapt, decompile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Platform, except as may be allowed by any applicable law; or
access the Platform in order to build a product or service which competes with the Platform;
resell, sublicense or otherwise use the Platform to provide services to third parties;
access, store, distribute or transmit any Viruses into or via the Platform.
5. Personal Data And Banking Details
Any personal data or banking details used in relation to the Platform will be supplied by the Producer from the information in the CAMA, or will be entered into the Platform by you. As set out in section 2 above, you are responsible for verifying such information
You acknowledge that we may use and rely on any such information provided to the Platform in this way to provide the functionality of the Platform.
We will not use the information for any other purposes other than as may be permitted under other contracts including the CAMA.
We will keep your personal data and banking details confidential and secure in accordance with good industry standards and relevant law and regulations.
6. Disclaimers And Liability
The Platform is provided “AS IS” and “As AVAILABLE”. We do not warrant that access to the Platform will be uninterrupted or error-free; and we are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet. The Platform is dependent on various third party networks, platforms, services and infrastructures, and as such we can give no guarantee of availability or functionality.
Nothing in this Agreement shall in any way exclude or limit liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation or for any other liability which may not be excluded by law.
Subject to section 6.2, we will not be liable, whether in contract, tort (including negligence) breach of statutory duty, or otherwise, for any: special, indirect, incidental or consequential loss or damage; loss of actual or anticipated revenue or profits; or loss of data.
Subject to section 6.2, as the Platform is free for you to use, our liability to you, whether in contract, tort (including negligence) breach of statutory duty, or otherwise, for any losses or damage (whether or not such losses or damage were direct, foreseen, foreseeable, known or otherwise) howsoever arising in respect of your use of or access to the Platform, shall be limited to £100,000.
YOU WILL INDEMNIFY FILMCHAIN AND OR THE PRODUCER FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, CLAIMS, COSTS AND EXPENSES (INCLUDING REASONABLE EXTERNAL LEGAL EXPENSES) SUFFERED OR INCURRED BY OR AWARDED AGAINST EITHER US ARISING AS A RESULT OF OR IN CONNECTION WITH ANY BREACH BY YOU OF THESE PLATFORM TERMS (INCLUDING BUT NOT LIMITED TO CLASUE 2 REGARDING YOUR RESPONSIBILITY TO CONFIRM AND VERIFY YOUR INFORMATION).
7. Governing Law And Jurisdiction
These Platform Terms and any disputes relating to them will be governed by and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English courts for such purposes.