STUDIO BEYOND LIMITED
MEMBERSHIP TERMS AND CONDITIONS
WWW.STUDIOBEYOND.NET
GENERAL
This website is owned and operated by Studio Beyond Limited a company registered in the UK (with company registration number 4814714) whose registered office is at c/o 1 Conduit Street, London (“the Company”).
These terms and conditions apply to User’s of the Website who wish to become Members in order to advertise their services and/or make use of the Membership Benefits offered by the Website for the purposes of soliciting and conducting business in respect thereto. By paying the relevant fees and charges set out on the Website Member agrees to be legally bound by these terms and conditions as they may be modified from time to time.
OPERATIVE PROVISIONS
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1. Definitions
“Content” means without limitation any film script or other literary work, showreel or film, sound recording or musical work (including accompanying literary works) which the Member may upload or wish to upload via the Website to the Servers and any and all copyrighted material embodied thereon; “Member data” means any information displayed at or acquired via the Website concerning Members; “Member" means any registered User of the Website, and “Membership” shall be construed accordingly; “Membership Benefits” means, within the relevant category of membership, all privileges and other services offered at the Website for Members from time to time; “Membership Fees" means the relevant fees and charges set out at the Website as set at the point where the User requests Membership and/or a Member renews Membership; “Membership Rules" means any codes of conduct, protocols and other practices which are displayed at the Website from time to time to be observed by Members and/or Users when using the Website or contacting Members; “Operator” means in respect of each item of Content a period commencing on the date on which the Content was uploaded via the Website and continuing thereafter until terminated by either party in accordance with any of the provisions of Clause 2.3 to 2.4 inclusive; “Servers” means the Servers controlled by the Company from which the Website is hosted and/or User Data may be stored; “Uploading Agreement” means any agreement between the Company and the Member in respect of any Content; “User Messages” means all notices or information, excluding Member Data and Content, posted by Users in any part of the Website or sent from one User to another User via the Website messaging facilities (if available); “User” means any person viewing, interacting with or otherwise accessing the Website; “Web Content” means all software, layout, logos, marks, artwork, literary works, musical works, films and any other constituent elements of the Website from time to time other than User Messages, Content and Member Data; “Website” means the website the homepage of which is found at the URL www.studiobeyond.net. -
2. Membership and Benefits
2.1 The Company shall permit the Member access to the Membership Benefits during the Member’s Membership. 2.2 The Member may terminate its Membership at any time in accordance with the Membership Rules. 2.3 The Company may terminate the Member's Membership in the event that: 2.3.1 the Member breaches any of the Membership Rules; and/or 2.3.2 the Company has reasonable grounds for believing that the Member is intending to use its Membership Status to commit an unlawful act; and/or 2.3.3 the Member submits false personal and professional information; and/or 2.3.4 the Member fails to pay any Membership Fees that have fallen due. 2.4 2.4 The Member acknowledges that Membership Benefits and Rules vary depending on the category of Membership. If the User shall become a Member under both categories of Membership then the Membership Benefits shall not be interchangeable and the Company shall be entitled to apply the relevant Membership Rules to the Member hereunder irrespective of the Membership Rules applicable under the other category. 2.5 The Company shall not make any use of the Content save as permitted hereunder and in accordance with the Content Protocols and Membership Agreement. For the avoidance of doubt nothing in this agreement shall limit the rights granted by the Owner to the Company or any other Member in respect of the Content pursuant to any other agreement or other arrangement made pursuant to the Membership Agreement or otherwise. -
3. Member's Obligations
3.1 The Member shall not use the Website, Web Content or User Data in any unlawful manner or in any manner likely to bring the Website or the Company into disrepute. 3.2 The Member shall not use the Website in any manner likely to injure, offend or become a nuisance to the Company or any User and in particular the Member shall not send so-called spam emails to other Members. 3.3 The Member shall not sell, republish or otherwise deal with Member Data without the written consent of the relevant Member. 3.4 The Member shall not copy any part of the Web Content without the written consent of the Company and (if applicable) the copyright owner of the Web Content. 3.5 The Member shall not attempt to access any Web Content that is protected, locked or otherwise not openly accessible to Members nor shall the Member introduce any virus or other technological harm to the Website, the Servers or to any User. 3.6 Member shall only upload Content pursuant to entering into an Uploading Agreement. 3.7 The Member shall not take out Membership under any other category giving deliberately false information. -
4. Payment of Membership Services
4.1 The payment of Membership Services shall be transacted by the Company’s payment partner and all such payments shall be made in accordance with the terms notified to the Member by the payment partner at the time such Membership Services are paid. 4.2 The Member acknowledges that where VAT is applicable it shall be payable in respect thereto. 4.3 In the event that the Company or the Member shall terminate the Membership pursuant to clause 2.2 and 2.3, the Member shall not be entitled to any refund of the Membership Fee. 4.4 In the event that Members within or outside the EU decide to cancel the Member’s Membership within 7 (seven) days of signing the contract with the Company, the Member may be entitled to a refund provided Studio Beyond receives a request for refund within 7 (seven) days of signing the contract with the Company with an explanation of dissatisfaction. Refund requests without sufficient explanation of dissatisfaction are not eligible for refund. Requests are processed during the Company business hours only (8:00 AM to 6:00 PM). Refunds will only be made for the original purchase price, the Company will not refund any taxes, or any other charges or expenses incurred during the original purchase. -
5. Member Data
5.1 The Company may, either by itself or through its Operator, retain Member Data relating to the Member for the purposes of its own research and any other lawful use consented to by the Member. 5.2 The Company shall deal with any personal data included in the Member Data relating to the Member in accordance with the Company’s privacy policy from time to time and the relevant Data Protection legislation. 5.3 Subject to the Membership Benefits the Company may in its sole discretion delete any Member Data relating to the Member from the Servers without reference to the Member. 5.4 The Owner warrants that in respect of any Content containing mature content (violence, sexual content, mature language etc) it shall indicate the same (a) at the beginning of the relevant content and (b) wherever asked for such information by the Company and/or during uploading and/or at the Website. 5.5 The Owner indemnifies the Company against any loss (including legal fees) that the Company may suffer resulting from any claim against the Company inconsistent with any representation made by the Owner in this agreement. -
6. User Messages
6.1 The Company shall have the irrevocable perpetual right to retain User Messages posted by the Member and, to the extent that the same were publicly posted at the Website by the Writer, to republish the same. 6.2 The Company reserves the right to disable or remove from the Website any User Messages without notice. 6.3 If any clause or any part of this agreement or the application of such to any party shall for any reason be adjudged by a court or other legal authority of competent jurisdiction to be invalid, such judgement shall not affect the remainder of this agreement, the terms of which shall remain in full force and effect. -
7. Limitation of Liability
7.1 Neither the Company nor any director, subcontractor or employee of the Company shall be liable for any financial loss caused to the Member in connection with the use of the Website. 7.2 The Member shall hold the Company harmless in respect of any statement, act or omission of any other Member or User, or as a result of any contract entered into with any other Member made at or the Website or otherwise pursuant to the Member’s Membership which may cause financial loss or loss or reputation to the Member. -
8. Member's Warranties and Indemnities
8.1 The Member warrants that it has the authority to enter into and perform this agreement and to perform this agreement. 8.2 The Member warrants that User Messages posted by the Member shall not be blasphemous, defamatory, deliberately or recklessly false, likely to injure or infringe the rights of any person or bring the Website or any Member into disrepute. 8.3 The Member warrants that all Member Data provided by the Member shall be accurate. 8.4 The Member indemnifies the Company against any loss (including legal fees) that the Company may suffer resulting from any claim against the Company inconsistent with any representation made by the Member in this agreement. -
9. Special Provisions
9.1 The Member agrees that it shall not plagiarise the works of any other Member accessed from the Website and agrees that in presenting any Content, the Member agrees that it has full permission of the owners to do so. 9.2 The Company shall have the right to advertise any successful introduction made for the Member through the Website. -
10. Miscellaneous
10.1 The Company shall not be in breach of those obligations where performance is reasonably prevented by a so-called force majeure provided that the Company takes all reasonable steps to mitigate its effect. 10.2 This agreement represents the entire agreement between the parties in respect of the Membership. 10.3 If any clause or any part of this agreement or the application of such to any party shall for any reason be adjudged by a court or other legal authority of competent jurisdiction to be invalid, such judgement shall not affect the remainder of this agreement, the terms of which shall remain in full force and effect. 10.4 The laws of England shall govern this agreement and the English courts shall have exclusive jurisdiction.