* FORGOT PASSWORD? | HELP? | SUBSCRIBE

 
Terms and Conditions

 
 
 
 
 
 

 

 

 
 

THE FILMSKILLS.COM™ WEB SITE IS INTENDED FOR USE ONLY FOR LAWFUL PURPOSES. BY SUBSCRIBING TO THIS SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS AND CONDITIONS OF USE. YOU ALSO AGREE TO REVIEW THIS AGREEMENT PERIODICALLY IN ORDER TO BE AWARE OF MODIFICATIONS TO THE AGREEMENT, WHICH MODIFICATIONS FILMSKILLS.COM MAY MAKE FROM TIME-TO-TIME AND AT ANY TIME. YOUR CONTINUED ACCESS TO OR USE OF THIS SITE WILL BE DEEMED YOUR CONCLUSIVE AND CONTINUED ACCEPTANCE OF THIS AGREEMENT, INCLUDING ANY MODIFICATIONS.
 
 

1. Contact Information
    Customer Service
    Visit: www.FilmSkills.com, E-mail: info@filmskills.com

 

2. Definitions

  • "FilmSkills.com," "Website," or "Site" refers to the website maintained on the World Wide Web by PowerFilmmaking, LLC available at http://www.FilmSkills.com and/or http://www.filmskills.com.
  • "Library" means the subscription-based database of audiovisual works that is available through FilmSkills.com and is part of FilmSkills.com.
  • "Course" refers to a selection of modules grouped into an online class.
  • "User" refers to any party who accesses the Site including the OTL.
  •  "Subscriber" refers to any party who accesses the Library.
  • "Access" means accessing, viewing the content or otherwise obtaining information located at the Library.
  • "Agreement" refers to these terms and conditions of use and any subsequent modification.

 

3. Acceptance of Terms

Please carefully read the following Terms of Use and Disclaimers before accessing and using FilmSkills.com or the Library. By Accessing the Library via the World Wide Web or any other medium, creating an account, joining a FilmSkills Class, logging into the Site, or otherwise accessing any page at the Site, User accepts and agrees to all conditions imposed in this Agreement.

PowerFilmmaking, LLC reserves the right to modify these terms of use at any time and without notice to User. Any change in these terms of use is effective immediately. Users agree to periodically check these terms of use for changes. Any use of the Site after changes have been made shall be deemed acceptance of those changed terms of use.

User is solely responsible for providing the equipment related to Accessing the Site, including all computer, remote communications equipment, software, telephone or other equipment. PowerFilmmaking, LLC is not responsible for the quality or speed of the User’s internet connection, quality or consistency of streaming video, or the ability to access any content on the Site.

FilmSkills has been developed soley for use on a desktop or laptop computer running current versions of Safari, Chrome, or Firefox. User understands and acknowledges that FilmSkills is not optimized for use on a mobile device including, but not limited to iPads, iPhones, mobile devices, or tablets. By using the Site, User accepts that a licence to FilmSkills provides access to the Library and User is responsible for the necessary equipment and Internet connection to access the Library. Neither FilmSkills nor PowerFilmmaking, LLC are responsible for the performance of FilmSkills on any device other than the devices listed in this paragraph.

 

4. Authorized Use

PowerFilmmaking, LLC hereby grants User a non-exclusive license to use and access the content and information available at the Library according to the provisions contained herein and subject to the payment of the applicable subscription fees and adherence to the terms of this Agreement.

Academic professionals with Instructor accounts may only access FilmSkills for preview purposes and are not permitted to copy, distribute or display any materials or content on FilmSkills. Public display or exhibition of any FilmSkills content in any forum, including but not limited to, students, classrooms, lecture halls, broadcast media or direct links will result in the immediate termination of the account and the owner of the account will be prosecuted to the fullest extent of the law.

Any and all downloadable materials contained in the "Downloads" section of each module may only be used during the subscription period.  Once the subscription period ends, Instructors and Students must immediately discontinue use of the downloaded materials unless the subscription is renewed.

 

5. Fees

The rights granted under this Agreement are effective only upon payment of the contract fees, which are strictly non-refundable other than as expressly provided herein.

The “Contract Period” is defined by the duration of the subscription package User purchased. “Bronze Subscription” is a 90-day continuous period of access to the FilmSkills Content Library.  “Silver Subscription” is a 180-day continuous period of access to the FilmSkills Content Library.  “Gold Subscription” is a 365-day continuous period of access to the FilmSkills Content Library. Successful payment will unlock and grant User access to the modules included in the purchased subscription package for the definedContract Period, although due to circumstances listed in this agreement, PowerFilmmaking, LLC may revoke access to the modules or Library at at time, change the number of modules, or change the modules themselves, for any reason and without refund of the purchase price.

When purchasing a subscription, User may choose a one-time up-front payment or monthly installments. If User selects a one-time payment, User’s credit card will be charged the full amount of the contract. The one-time payment is $177 for “Bronze Subscription,” $414 for “Silver Subscription,” and $948 for “Gold Subscription.” If user selects the monthly payment option, User’s bank account will be debited the total subscription fee in monthly installments.  The monthly installments are three $59 monthly payments for “Bronze Subscription,” six $69 payments for “Silver Subscription,” or twelve $79 payments for “Gold Subscription.” User agrees that the Contract Period and payment terms are binding and payments are non-refundable, even if User does not use the Services. Failure to pay the monthly fee within the Contract Period will result in a termination fee, at the sole discretion of PowerFilmmaking, LLC.

At the completion of the contract period, the contract will convert to an auto-renewing monthly subscription, and User’s account will be debited the monthly subscription rate every month until User cancels. The auto-renewing monthly subscription rate for “Bronze Subscription” is $59 per month. The auto-renewing monthly subscription rate for “Silver Subscription” is $69 per month. The auto-renewing monthly subscription rate for “Gold Subscription” is $79 per month. Once a subscription cycle renews, payment is non-refundable. User can cancel the auto-renewal in User’s account settings, and will continue to enjoy access to the content included in User’s subscription through the end of the current subscription cycle.

If User cancels the auto-renewing subscription during the initial contract period, User will continue to have access to the Library until the end of the contract period, and the User’s contract will not automatically convert to a month-to-month subscription. Cancelling a subscription will disable the auto-renewing monthly subscription at the end of the contract term. User acknowledges that subscriptions cannot be retroactively canceled. Cancellation does not waive User’s obligation to complete scheduled payments and payment for the Contract Period as defined by this agreement. User acknowledges and agrees to the cancelation procedure, which requires User to to log into User's account, choose "My Account," then click "Cancel Auto-Renew.” User understands and acknowledges that PowerFilmmaking, LLC does not accept e-mail requests to cancel subscriptions.

If User purchases a FilmSkills Certified Course, User accepts a one-time charge to access the Library and Course materials included in that course for the duration of that course. User will have the option to purchase a month-to-month subscription to the Library content included in the course, which will auto-renew until User cancels the subscription. All sales are final and fees paid are non-refundable, even if User does not use the Services.

If User accesses the Site and Library under a Student account, User agrees to pay the one-time class fee. The fee is  calculated on a per-class basis. PowerFilmmaking, LLC., its owners, employees, assigns, or vendors are not responsible for any User error including but limited to joining the wrong FilmSkills Class, joining FilmSkills with the incorrect user type, dropping out of the institution's class, or any other factor associated with the User's use of the Site in conjunction with User's academic institution. User agrees that fees paid to PowerFilmmaking, LLC are non-refundable, even if User does not use the Services.

If, for any reason, User, User’s credit card company, or User’s bank prohibits or stops payment, issues a chargeback, or files a refund, or if User’s method of payment expires or is canceled and a payment is not remitted on time, User agrees that PowerFilmmaking, LLC. may, at its option, suspend or terminate User’s subscription to the Library. User agrees to pay the account balance of the contract term by other means acceptable to PowerFilmmaking, LLC. User agrees to pay a $450 administration fee for failure to make payment, interruption of payment, breach of contract, or reinstatement of suspended or terminated accounts in addition to the remaining balance. User agrees that until its subscription to the Services is properly terminated, User will continue to accrue charges for which User remains responsible, even if User does not use the Services. User hereby authorizes FilmSkills.com and PowerFilmmaking LLC to make any and all reasonable attempts to debit User's bank account or credit card for any outstanding balances, including account balances for existing subscriptions or courses, early termination fees, and/or chargeback fees.

In the event legal action is necessary to collect on balances due, User agrees to reimburse PowerFilmmaking, LLC for all expenses incurred to recover sums due, including attorney fees, collection agency fees, and other legal and administrative expenses. Unless otherwise expressly stated, all fees are stated in United States dollars.

 

6. Access to the Library and Technical Requirements

PowerFilmmaking, LLC strives to provide the Library to its Users on a continuous basis. To that end, PowerFilmmaking, LLC will take all commercially-reasonable efforts to provide uninterrupted access to the Library to its Users. However, from time to time, Users may be unable to access the Library due to conditions beyond PowerFilmmaking, LLC’s control. Such conditions include, but are not limited to: Force Majeure or Acts of God, power outages, and the acts of computer hackers, network or hosting problems, heavy internet traffic, technical issues experienced by third party vendors, and others acting outside the law. Also, from time to time, access may be unavailable due to code issues, programming errors, regular maintenance of the system, server updates, and other related reasons. In response to any unavailability of the Library to its Users, PowerFilmmaking, LLC will take all commercially reasonable steps to ensure Access is restored within a reasonable period of time. The term commercially reasonable shall be determined solely by PowerFilmmaking, LLC.

PowerFilmmaking, LLC endeavors to provide the highest quality content to its Users. To that end, PowerFilmmaking, LLC reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Site and the Library, including, without limitation, the content, availability, access and/or the terms of this Site, in whole or in part, or to impose new conditions, including, without limitation, a modification of fees and charges for use at any time. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may or may not include posting such changes on this Site.

 

7. Prohibited Conduct

User expressly agrees to refrain from doing, either personally or through an agent, any of the following:

  • Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site; adversely affects PowerFilmmaking, LLC’s computers or databases;
  • Otherwise engage in any action which PowerFilmmaking, LLC determines is detrimental to the use and enjoyment of the Site.
  • Capture, download, save, upload, otherwise retaining information and content available on the Library other than what is expressly allowed by the terms of this Agreement;
  • Permit or provide others access to the Library using Your username or password or otherwise. Such action may result in immediate non-refundable termination of Your account.
  • Publicly display or distribute FilmSkills content, which includes, but is not limited to, videos, text, illustrations, downloadable forms, contracts, examples, exercises, footage or other media materials to other instructors, students, classes or through any public display.
  • Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Site.
  • Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Site;
  •  Transfer the Site content to another person; "frame," "mirror," "in-line link," or employ similar navigational technology to the Site content; "deep link" to the Site content;
  •  Violate PowerFilmmaking, LLC’s security mechanisms, access any data or server User is not authorized to access; or otherwise breach the security of the Site or corrupt the Site in any way;
  • Engage in any other conduct which violates the Copyright Act or other laws of the United States.
  • Use any device or other means to harvest information about other Users.

In order to ensure that Users of the Site do not engage in Prohibited Conduct, PowerFilmmaking, LLC reserves the right to monitor use of the Site and reserves the right to revoke or deny Access to the Library to any person or entity whose use of the Site suggests Prohibited Conduct. Access of the materials available at the Library beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the Library and will result in revocation or denial of Access to the Library. The terms "normal patterns" and "abuse" shall be determined solely by PowerFilmmaking, LLC.

 

8. Warranties

PowerFilmmaking, LLC warrants that the Code that allows Users to access the Library (“Code”), if operated as directed, will substantially achieve the functionality described. PowerFilmmaking, LLC does not warrant, however that User’s use of the Code will be uninterrupted or that the operation of the Code will be error-free or secure.

PowerFilmmaking, LLC’s sole liability for any breach of this warranty shall be, in its sole discretion: (i) to advise Users how to achieve substantially the same functionality with the Code as described; or (ii) if the above remedies are impracticable, to refund the subscription fee User paid for access to the Site at the sole discretion of PowerFilmmaking, LLC. Only if User informs PowerFilmmaking, LLC of Your problem with the Code within thirty (30) days of discovering the problem will PowerFilmmaking, LLC be obligated to honor this warranty. PowerFilmmaking, LLC will use commercially reasonable efforts to repair, replace, advise, or refund pursuant to the foregoing warranty within thirty (30) days of being so notified.

Although PowerFilmmaking, LLC has attempted to provide accurate information on the Site, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein. Users agree to use and apply the information contained on the Site at User’s own risk and hold PowerFIlmmaking, LLC, its partners, owners, licensees, assigns and employees free from liability.

 

9. Disclaimer and Limitation of Liability

USER ACCESSES THIS SITE AT HIS OR HER OWN RISK. THE SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS ARE SPECIFICALLY DISCLAIMED. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL POWERFILMMAKING, LLC OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, THIRD PARTY CONTENT PROVIDERS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL OR PERSONAL DAMAGES OR LOSSES. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND ANY CONTENT THAT YOU DOWNLOAD IS DOWNLOADED AT YOUR OWN DISCRETION AND RISK AN YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM IN EXCESS OF THE AMOUNT POWERFILMMAKING, LLC RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, AND FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. IN NO EVENT WILL POWERFILMMAKING, LLC BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT POWERFILMMAKING, LLC RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF POWERFILMMAKING, LLC SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF POWERFILMMAKING, LLC, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. POWERFILMMAKING, LLC IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.
 
BY ACCESSING THIS SITE, YOU RELEASE POWERFILMMAKING, LLC., ITS OWNERS, LICENSEES, INSTRUCTORS, CONTRIBUTORS, HEIRS, ASSIGNS, VENDORS, AND AFFILIATED THIRD PARTIES FROM RESPONSIBILITY FOR THE ACCURACY OF THE INFORMATION CONTAINED ON FILMSKILLS.COM.  THE MATERIALS AND CONTENT CONTAINED ON FILMSKILLS.COM ARE FOR REFERENCE ONLY AND ARE NOT INTENDED FOR APPLICATION OR IMPLEMENTATION. ALWAYS CHECK WITH AN ATTORNEY BEFORE USING ANY OF THE CONTRACTS OR FORMS.  YOU AGREE TO USE THIS INFORMATION AT YOUR OWN RISK AND RELEASE POWERFILMMAKING, LLC, JASON J. TOMARIC, ASSIGNS, LICENSEES, AFFILIATES AND HEIRS OF ANY AND ALL LIABILITY AND RESPONSIBILITY THROUGH YOUR USE OF THE SITE AND ANY MATERIALS THEREIN.

NO DEALER, AGENT, OR EMPLOYEE OF POWERFILMMAKING, LLC IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THIS LIMITED WARRANTY.

 

10. Third Party Content

You acknowledge that PowerFilmmaking, LLC does not pre-screen third party materials. PowerFilmmaking, LLC is not the publisher or speaker of any information on the Site that is provided by third party content providers, and PowerFilmmaking, LLC is not liable for any claims related to such information. Content provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by PowerFilmmaking, LLC. PowerFilmmaking, LLC assumes no responsibility for those products or services.

PowerFilmmaking, LLC may contain links and references to other third party websites and materials. PowerFilmmaking, LLC does not assume any responsibility for these websites or materials and provides these links or materials solely for the convenience of Users. PowerFilmmaking, LLC does not endorse or otherwise recommend any of these third party websites, references, or the products, services, or information there offered. PowerFilmmaking, LLC reserves the right to terminate any link or remove any reference found on the Site at any time.

PowerFilmmaking, LLC MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED ON THE SITE. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, POWERFILMMAKING, LLC DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY SITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.

 

11. Copyrights and Trademarks and other Proprietary Rights

PowerFilmmaking, LLC or its third party content providers shall retain all worldwide rights in the intellectual property of the Site, including, but not limited to, trademarks, inventions, ideas, trade secrets, the "look and feel" of the Site, its color combinations, layout, and all other graphical elements, and the copyright in and to its original content. You should assume that everything You read or see on the Site is copyrighted or otherwise protected and owned by PowerFilmmaking, LLC or a third party who licensed the right to use such content to PowerFilmmaking, LLC Unless otherwise expressly noted, nothing that You read or see on the Site or in the Library may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of PowerFilmmaking, LLC except as provided in this Agreement.

 

12. Indemnification

User agrees to defend, indemnify and otherwise hold harmless PowerFilmmaking, LLC and its officers, directors, agents, employees and assigns from and against any cause of action or claim, including legal fees, related to User’s Prohibited Conduct, violation of these Terms and Conditions, or other improper or illegal use of the Site.

 

13. Security

Users are prohibited from violating or attempting to violate the security of the Site. PowerFilmmaking, LLC will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. Users are required to enter a username and password to Access the Library. In order to protect against unauthorized Access to Your account, it is recommended that You close the browser when You have finished using the Site.

 

14. Termination of Agreement.

In addition to PowerFilmmaking, LLC’s other rights, it may terminate this Agreement at any time and at its discretion. PowerFilmmaking, LLC may also terminate Access to the Library or cancel subscriptions to the Library without notice if it believes, in its sole judgment, that You have breached or may breach any term or condition of this Agreement, engaged in conduct that PowerFilmmaking, LLC deems inappropriate, for its convenience or for any other reason.
In the event of termination of this Agreement, the provisions in this paragraph and the provisions found in paragraphs 5, 6, 8, 10, 11, 12, 13, 14, and 17 shall survive. Your obligations to pay outstanding subscription fees shall survive any termination of this Agreement.

 

15. Privacy Statements

PowerFilmmaking, LLC values Your trust. In order to honor that trust, all of PowerFilmmaking, LLC’s employee-owners are required to adhere to the highest ethical standards in gathering, using, and safeguarding any information You provide. Personal Information is gathered only when Users make voluntarily online submissions of such information or voluntarily establish an account. An example of the type of information PowerFilmmaking, LLC collects is: name, address, city, state, postal code, telephone number, and e-mail address. PowerFilmmaking, LLC does not rent, sell, or exchange information about Website visitors and generally restricts access to User information to qualified PowerFilmmaking, LLC employees and sub-contractors. PowerFilmmaking, LLC may, at any time, and under any circumstances, access a User's account, including, but not limited to, log in information, profile information, content viewing and downloading habits, purchasing logs, and purchasing history for purposes including, but not limited to, improving Site performance, new feature development, resolving bugs or other trouble shooting issues, and resolving accounting and billing problems. Third parties who need access to PowerFilmmaking, LLC User information in order to provide operational or other support services are required by PowerFilmmaking, LLC to comply with our high standards of security. We gather only the User information that is needed to administer our business and enhance and improve our services.

 

16. Miscellaneous

These terms of use constitute the entire agreement between PowerFilmmaking, LLC and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between PowerFilmmaking, LLC and User dealing with the subject matter hereof is superseded. If any portion of this Agreement is found to be unenforceable for any reason, such portion will be deemed severed and will not affect the enforceability of the remaining terms. Upon User’s breach of this Agreement, PowerFilmmaking, LLC may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. PowerFilmmaking, LLC’s remedies are cumulative and not exclusive. Failure of PowerFilmmaking, LLC to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. PowerFilmmaking, LLC makes no representation that the content of the Site is appropriate or available for use in all locations.

 

17. Governing Law and Disputes

This Agreement is governed by California law, without regard to any provision that would make the laws of another jurisdiction applicable. All disputes between You and PowerFilmmaking, LLC shall be finally resolved through binding arbitration in Burbank, California and each User consents to exclusive jurisdiction and venue in California for such purpose. Any dispute arising out of this Agreement shall be governed by the laws of the State of California, U.S.A., notwithstanding any conflicts of law principles.

If any court of competent jurisdiction holds any provisions of this Agreement invalid or unenforceable, then such provision will be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of the Agreement will remain in full force and effect. PowerFilmmaking, LLC’s failure to insist on strict performance of any of the terms of this Agreement will not operate as a waiver of any subsequent default or failure of performance. You agree to comply with all applicable laws, including any international laws, in using this Site.