Artfilms Terms of Use

Overview:

Welcome! Artfilms-digital is primarily a subscription service for educational institutions but we would like to make an exception for Artists and art lovers so they can access the many valuable films we have in our system.

These Terms of Use will determine how you will use our platform, website and how you watch films. 

1.    Acceptance of Terms of Use

The Artfilms-digital  streaming service is provided by Contemporary Arts Media, We  may, from time to time, change these Terms of Use. Such revisions shall be effective immediately; provided however, for existing members, such revision shall, unless otherwise stated, be effective 30 days after posting.

 

2.    Privacy. You are in a safe haven. We don’t use advertisements; we don’t collect personal details about you (viewing habits, favourites.. etc), we will not pass your details to any commercial or non-commercial purposes.

 

3.    Communication Preferences. By using the Artfilms-digital service, you consent to receiving electronic communications from Artfilms relating to your account. These notices will be about new films on our network or other general content related matters as well as announcements about technical and platform maintenance issues. 


4.    Artfilms-digital Service

a.    You must be 18 years of age to become a member of the Artfilms service. Individuals under the age of 18 may utilize the service only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use.

b.    The Artfilms-digital service, and any content viewed through our service, are for your personal and non-commercial use only. During your Artfilms membership, we grant you a limited, non-exclusive, non-transferable, license to access the Artfilms-Digital service and view films through the service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you.

c.     YOU AGREE THAT YOU DON’T STREAM OR SHOW ANY PART OF THE FILMS TO A STUDENT GROUP OR PEOPLE PERSONALLY NOT RELATED TO YOU (AUDIENCE). YOU ALSO AGREE THAT YOU DON’T USE THE SERVICE FOR ANY TEACHING, IN A SCHOOL ENVIRONMENT OR IN A VENUE OTHER THAN YOUR HOME.

d.    You may view a movie through the Artfilms-digital service only in geographic locations where we have license for that particular film. The content that may be available to watch will vary by geographic location. THE NUMBER OF DEVICES ON WHICH YOU MAY SIMULTANEOUSLY WATCH IS LIMITED to ONE.

e.    We continually update the Artfilms-digital service, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability of films, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.

f.      You agree to use the Artfilms-digital service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the service or content therein. You agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the Arfilms-digital service without express written permission from Artfilms or its licensors.

g.    You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the ARTFILMS service; use any robot, spider, scraper or other automated means to access the Artfilms-digital service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Artfilms-digital service; insert any code or product or manipulate the content of service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Artfilms-digital service, including any software viruses or any other computer code, files or programs.

h.    The availability of movies & TV shows to watch will change from time to time, and from country to country. The quality of the display of the streaming films may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD availability subject to your Internet service and device capabilities. Not all content available in HD. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. Artfilms makes no representations or warranties about the quality of your watching experience on your display.

i.      We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the service.

5.    Membership, Billing and Cancellation

 

Membership

Ongoing Membership. Your Artfilms membership will continue month-to-month unless and until you cancel your membership or we terminate it. You must have Internet access and be able to set up a direct debit through PayPal. Note that you don’t need to be a PayPal member to be able to use the PayPal payment gateway of. You can also purchase a 12 month subscription from the website: https://www.artfilms.com.au/item/private-12

If you wish to cancel your membership you must cancel it before it renews each month in order to avoid billing of the next month's membership fees.

 

Billing (Direct Debit through PayPal)

Recurring Billing. By starting your Artfilms membership, you authorise us to charge you a monthly membership fee at the then current rate.

 

Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.

 

No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period.

 

Payment Methods. You may edit your Payment Method information by visiting PayPal. Maintaining your account is your responsibility.

 

Cancellation. You may cancel your ARTFILMS membership at any time, and you will continue to have access to the ARTFILMS service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED MOVIES OR TV SHOWS. To cancel, go to the "Your Account" page on our website and follow the instructions for cancellation.

  

6.    Passwords & Account Access

a.    The member who created the ARTFILMS account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the ARTFILMS account. The Account Owner's control is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone.

b.    BY SHARING THE PASSWORD OR ALLOWING OTHERS TO ACCESS YOUR ACCOUNT, THE ACCOUNT OWNER AGREES TO BE RESPONSIBLE FOR ASSURING THAT HOUSEHOLD MEMBERS COMPLY WITH THE TERMS OF USE AND SUCH ACCOUNT OWNER SHALL BE RESPONSIBLE FOR THE ACTIONS OF THE HOUSEHOLD MEMBERS.

c.     You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the ARTFILMS website and not through a hyperlink in an email or any other electronic communication, even if it looks official. Artfilms reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Artfilms is not obligated to credit or discount a membership for holds placed on the account by either a representative of Artfilms or by the automated processes of Artfilms.

7.    Disclaimers of Warranties and Limitations on Liability

a.    THE ARTFILMS-DIGITAL SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE ARTFILMS-DIGITAL SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. ARTFILMS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE ARTFILMS-DIGITAL SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

b.    TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL ARTFILMS, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.

c.     SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

d.    NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

8.    Governing Law

    This agreement will be governed by the laws of Victoria, Australia

REPRESENTATIONS AND WARRANTIES: You and we each represent and warrant to the other that each of us has the unrestricted right to enter this  agreement and to make the promises and grant the rights described herein; and that the exercise of such rights will not violate or infringe upon the rights of any third parties, including any rights under copyright, trademark or other property rights, or rights of privacy, nor will such exercise defame any party. Each of us hereby indemnifies and agrees to hold the other harmless against any claim or loss, including reasonable attorneys’ fees and costs, resulting from a breach of any of the representations and warranties contained above.

Updated 2018-12-19  - Enjoy watching Artfilms!