|
Welcome to Offmyshelf.com. This agreement provides the terms and conditions which govern the use of membership services on the http://www.offmyshelf.com/ site, hereafter referred to as the Site. Membership to the Site provides registered members with a package of features and services. Offmyshelf.com may, at its discretion, add or delete features or services. By registering as a member, you agree to use the Site in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out below.
Please Note; Where "Exclusive Option" is stated below, this option is not yet available, so please ignore (25/10/2010)
‘Offmyshelf.com’ and ‘OMS’ is a trade name of offmyshelf.com Ltd.
The ‘Buyer’ means the person or company registered on the website with a Buyer account, interested in making bids for listed titles on the OMS database.
The ‘Seller’ means the person or company registered on the website with Seller account, interested in exposing and ultimately selling the rights to his or her film title.
‘Exclusive’ is referred to titles where the Seller appoints OMS as the sole representative to handle and approve bids to exploitaions rights to the Sellers's film title (this feature is not yet available).
'Deliverables' means all the master tapes and releveant material and documents requested by Buyer. 'Site' means offmyshelf.com.
'Member' means a person/company registered on the Site.
Specific terms for Buyer
1 Basic registration and access to the OMS database is free of charge for Buyer
2. The Buyer acknowledges that The OMS database is partially an automated system.
3. The Buyer must not attempt to negotiate directly with the Seller if Seller’s title is listed as Exclusive to OMS.
4. For Exclusive titles, the Buyer acknowledges that after final payment is made, it could take up to 28 days to receive the Deliverables.
5. The Buyer acknowledges that OMS will endeavour do its best to maintain current up-to-date information on its database.
6. When a bid has been accepted by Seller where OMS is not the Exclusive agent, the Buyer acknowledges and accepts that the Seller alone is responsible for providing the Deliverables to the Buyer.
7. Where OMS is not the Exclusive agent of a film title, the Buyer agrees to hold OMS free from any liability or dispute that may arise between the Buyer and the Seller at anytime.
Specific terms for Seller
1. If you appoint/have appointed OMS as the Exclusive agent to promote your film title, you must inform OMS immediately if a Buyer tries to contact you directly to make a acquisition (this feature is not yet available).
2. If the Seller’s film Title or the rights to a specific territory(ies) is no longer available to sell, the Seller must immediately update or cancel it from the database.
3. If you tick the box ‘OMS is Exclusive sales agent; on the film entry page, OMS will hold exclusive selling rights to the Sellers product. This means anyone who tries to contact the Seller with interest in buying rights of the film Title, Seller must point them to OMS.
4. Where OMS is the Exclusive agent, the Seller accepts that OMS will endeavour to do its best to expose the Seller’s film title to potential Buyers.
5. The Seller at all times agrees to hold OMS free from any liability and and any dispute arises about ownership/copyright at anytime.
6. Where the film title is not listed as Exclusive to OMS, once a bid is accepted by Seller, the Seller alone is responsible for satisfactory making available the Deliverables to the Buyer.
7. The Seller’s film Title must be complete and in viewable condition before registering the film title on the OMS website.
8. The Seller must provide only true data when registering and adding a Title to the OMS website.
9. The Seller must not add Titles in OMS website that contain illegal, offensive or any law breaking content.
10. The Seller must hold the appropriate rights of film title ownership and film must be free from any legal dispute.
11. The Seller agrees to hold OMS free from any liability or dispute that may arise between the Buyer and the Seller before, during and after the sale.
12. The Seller acknowledges that OMS under no circumstances guarantees a potential Buyer will make bids for their film Title.
13. The Seller is responsible for maintaining their profile up-to-date, especially their contact details.
14. Where the film Title is listed as Exclusive to OMS; Once a bid has been accepted and the Buyer makes payment to OMS, OMS will release the amount due to the Seller at the end of a calendar month or within 28 working days.
1. GENERAL TERMS OF MEMBERSHIP AND WEBSITE USE
When using the services provided by the Site you agree to:
provide true, accurate and current information about yourself as asked by the Sites registration form, and
to maintain and update the registration form to keep it true, accurate, current and complete.
If you provide any information that is untrue or inaccurate, or Offmyshelf.com has reasonable grounds to suspect that such information is untrue, inaccurate or not current, Offmyshelf.com has the right to suspend or terminate your account and refuse any and all current or future use of the service, or any portion thereof.
2. MEMBER PROFILE
Offmyshelf.com provides member web pages (profile), the associated storage space and broadcasting facilities as a service to members. Web pages and must adhere to all member web page guidelines and laws. Offmyshelf.com is not responsible for the content of any registration pages profiles and the films, photographs, music or personal views expressed therein: they are the responsibility of the posting member and not Offmyshelf.com. Offmyshelf.com does not review members' profiles in any way before they appear on the Site. Offmyshelf.com reserves the right to remove any profile from the Site.
Offmyshelf.com provides space for Member to create profiles but makes no implied or expressed warranties about the reliability of these pages. Offmyshelf.com is not responsible for any damage caused by loss of access to, or deletion or alteration of member profile: individual members are responsible for monitoring their pages.
3. MEMBER CONDUCT
You understand that all information, data, text, music, sound, photographs, graphics, video, messages or other materials (content) posted on Offmyshelf.com is the sole responsibility of the person from which the Content originated. Offmyshelf.com does not control the Content posted via the service and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the service, you may be exposed to Content that may be considered offensive, indecent or objectionable. The following is a non-exclusive list of actions and content that are not permitted on the Site:
o Any use of copyrighted material without permission of the author or owner.
o Material that portrays illegal activity, exploitation of children, racism, bigotry, hatred, or material that is harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of others privacy, racially or ethnically objectionable or any material which is deemed as such by Offmyshelf.com.
o Forging of headers or otherwise manipulating identifiers in order to disguise the origin of any content transmitted through the service or develop restricted or password-only access pages, or hidden pages or images.
o Any Content that you do not have the right to transmit under any law or under any contractual or fiduciary relationship
o Any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
o Any Content that contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software of hardware.
o Intentionally or unintentionally violate any applicable local, state, national or international law.
4. LIMITATIONS OF LIABILITY AND WARRANTY
The Member agrees that the use of the Site is entirely at the Members own risk. The Site is provided on an as is basis without warranties of any kind, either expressed or implied. Furthermore, neither does Offmyshelf.com provide any warranty with respect to any content, information, services or products provided through or in conjunction with the site. The member agrees that Offmyshelf.com is not liable for any conduct by members associated with the Site including, but not limited to, members profiles, films, music or photographs. Offmyshelf.com and third-party Content providers make no guarantee of the accuracy, correctness, or completeness of any information on the Site and are not responsible for a) any errors or omissions arising from the use of information, b) any failures, delays or interruptions in the delivery of any content or services contained within the site, or c) losses or damages arising from the use of the content or services by the Site.
5. INDEMNITY
You agree to indemnity and hold Offmyshelf.com and employees harmless from any claim or demand, including solicitors fees, made by any third party due to or arising out of your Content, your use of service, your connection to the service or your violation of any rights of another.
6. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service.
7. MODIFICATIONS TO SERVICE
Offmyshelf.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service, or part thereof, with or without notice. You agree that Offmyshelf.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
8. TERMINATION
You agree that Offmyshelf.com, at its sole discretion, may terminate your password, use of the service and remove and discard any Content within the service for any reason, including without limitation, if Offmyshelf.com believes that you have violated or acted inconsistently with the spirit of Offmyshelf.com. Offmyshelf.com may also at its sole discretion and at any time discontinue providing the service, or part thereof, with or without notice. You agree that any termination of your access to the service may be effected without prior notice and in such a case Offmyshelf.com may immediately deactivate or delete your Offmyshelf.com profile and associated film entries, photograph, or music therein and/or bar any further access to such files or the service. Further, you agree that Offmyshelf.com shall not be liable to you or any third-party for any termination of your access to the service.
9. ADVERTISEMENTS AND PROMOTIONS
Offmyshelf.com may run advertisements and promotions on the site. By registering on Offmyshelf.com you agree that Offmyshelf.com has the right to run such advertisements and promotions. Your correspondence or business dealings with, or participation in promotions of, advertisements found on the service are solely between you and such advertiser. You agree that Offmyshelf.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the site.
10. LINKS
Offmyshelf.com provides links to other World Wide Web sites or resources. Because Offmyshelf.com has no control over such sites and resources, you acknowledge and agree that Offmyshelf.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further agree that Offmyshelf.com shall not be responsible for or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use on any such content, goods or services available on or through any such site or resource.
11. REFUNDS
Offmyshelf.com does not offer refunds under any circumstances. Offmyshelf.com reserves the right to modify this refund policy at its discretion, or against any user or member it believes in abusing this policy. It is your responsibility to review our refund policy for any such modifications.
12. PROPRIETARY RIGHTS
You acknowledge and agree that the service and any necessary software developed in connection with the service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressed authorised by Offmyshelf.com, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the service or the Software, in whole or in part.
13. VIOLATIONS
If you detect any violations of the aforementioned agreements please report them to the service info at Offmyshelf.com.
14. ADVERT OPT OUT
We use third-party advertising companies to serve ads when you visit our Website. These companies may use information (not including your name, address email address or telephone number) about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, go to www.networkadvertising.org
15. COMPETITION
When you register with offmyshelf.com you will automatically enter in to the annual draw of winning a cash voucher to use at Amazon.If you wish to opt-out please send an email to info.at.offmyshelf.com
16. REGISTERED USERS STATS
In the default or home page, there is an image showing the number of users currently registered in the system, this is not given in realtine, and does not reflect the actual number of registered users.
|