| Our terms and conditions | ||
Valid from 1 January 2008 'We', 'Us', 'Our' and 'FiLMCiRCLE' refer to FiLMCiRCLE Limited who own and operate the FiLMCiRCLE web site and service at the domain www.filmcircle.co.uk. Our registered office is at The TechnoCentre, Coventry University Technology Park, Puma Way, Coventry, CV1 2TT. 'You' and 'Your' refers to every FiLMCiRCLE member. At Our discretion, these terms and conditions may be amended from time to time. Notice of any changes will be posted on the FiLMCiRCLE Web site. These terms and conditions shall be governed by and interpreted in accordance with English law and the courts of England shall have exclusive jurisdiction to hear all disputes arising in connection with them, save for disputes as to the delivery or quality of any DVD supplied, where Our dispute resolution policy will apply (see section 5.X) 1. Registration 1.1 You must register as a member in order to use the FiLMCiRCLE web site and services and by registering as a member You agree to be bound by these terms and conditions. 1.2 You must be a UK resident in order to register and use the FiLMCiRCLE web site and services. 1.3 You must be 18 years old or over in order to register and use the FiLMCiRCLE web site and services. 1.4 FiLMCiRCLE will review all member registration and reserves the right to reject any registrant at its sole discretion. 1.5 In order to trade on FiLMCiRCLE We require certain information about You. You must provide full and accurate information. If You provide false or inaccurate details when registering as a member We may revoke Your membership without notice. 1.6 You must update Your registration details should they change at any time. 2. Your account 2.1 FiLMCiRCLE undertakes to provide a Web service. There may be unavoidable periods when the Web site is unavailable. FiLMCiRCLE will not be liable for interruption to the Web service. 2.2 In these Terms and Conditions, We use the term 'My Account' to refer to the section of the Website accessed by signing in to www.filmcircle.co.uk and clicking on My Account. In My Account You can find specific details regarding Your subscription with FiLMCiRCLE including Your next billing date. 2.3 Purchased credits and credits generated from passing on items will be held in Your FiLMCiRCLE account and may only be used against items which You receive from other members through FiLMCiRCLE. 2.4 Credits are not transferable outside the FiLMCiRCLE Web site and they cannot be redeemed for cash or sold for cash. 2.5 Subscription payment is not refundable in part or whole for any reason. All other fees and charges are non-refundable. We do not provide refunds for cancellations part-way through the billing period. 2.6 The FiLMCiRCLE service provides a method of trading items between members. All items listed on the Web site remain the property of the respective FiLMCiRCLE members and We therefore have no control over the legality, safety and/or quality of any item offered for sale. 2.7 We may suspend or terminate Your membership at any time without explanation or refund of subscription in part or whole 2.8 If We or You terminate Your membership (for any reason), You are not entitled to any compensation including compensation for any unused credits. You may not hold FiLMCiRCLE responsible for any loss You may incur as a result. 2.9 You may not copy, modify, or distribute FiLMCiRCLE's copyrighted works or trade marks or other content from the FiLMCiRCLE Web site without Our express written consent. 2.10 Any trade mark, logo, image, artwork, product or company name displayed or referred to on the Web site remains the property of its respective owner. No part of this Web site grants You any licence or right to use, alter or remove such material. 2.11 Our web site lets You submit material to Us: for example, You can review DVDs and create lists of films. In these Terms and Conditions, We use the term 'user Material' to refer to any material of any kind that You submit to Us, including text, files and images. 2.12 We do not systematically review user Material submitted by users of this Web site. We are not responsible for the content of user Material. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about user Material, including as to its legality or accuracy. We disclaim all liability in connection with user Material to the extent permitted by law. 2.13 FiLMCiRCLE reserves the right to cease operating the Web site or to terminate Your access and use of any part of the Web site at any time by giving written notice, which will be given by email. 2.14 You permit us to charge subscription fees and any other charges that You may incur in connection with Your use of FiLMCiRCLE. Subscription charges will be made on the day immediately after Your free trial ends (if applicable) or on the first day You subscribe if You are not eligible for a free trial. 2.15 This charge will continue automatically and using Your specified payment method on the renewal date each year thereafter unless and until You cancel and regardless of how much You use the service. 2.16 We may change any subscription or other fees and charges in effect, or add new fees and charges from time to time, but We will give You advance notice of these changes by email. 2.17 If You use the website, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer to prevent unauthorised access to Your account. You agree to accept responsibility for all activities that occur under Your account or password. You should take all necessary steps to ensure that Your password is kept confidential and secure and should inform Us immediately if You have any reason to believe that Your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. 3. Sending items (Films I'm Offering)3.1 In these Terms and Conditions, We use the term 'Listing' to refer to an item added to either Films I'm Offering OR Films I'd Like Using the 'Add' button on either page OR by clicking 'Add this' on The Circle page. 3.2 In these Terms and Conditions, We use the term 'Offering confirm process' to refer to the process to publish a listing by clicking 'Save' on the Films I'm Offering page, in which you enter into a contract to send the item in the specified condition to a recipient in return for the amount of credit specified 3.3 Where it comes to Our attention that items are being traded which are illegal or in breach of copyright We may notify the appropriate authorities including the Police and/or the copyright owner. 3.4 FiLMCiRCLE cannot be held responsible for items which are lost in the post, undelivered, alleged to have not been sent or alleged to have not been delivered. Any member sending an item is responsible for providing proof of postage and of delivery of that item. 3.5 In order to offer an item, You must complete the 'Offering confirm process'. By confirming You are agreeing to the terms on screen and You will enter into a contract to deliver the item in return for credits You asked for. 3.6 No further action may be required for a transaction to take place so You may be asked to send an item without any further notice. 3.7 Contracts established will remain binding until either :
3.8 All items offered for trade must be playable on a standard region 2 DVD player OR Region B Blu-Ray player 3.9 Unless a disk is sold as 'Case missing – plays fine', offered items must be boxed in their full original case with artwork. All disks that originally came in the case must be present and in a condition equal to or better than the sale condition stated. 3.10 You may not use FiLMCiRCLE to trade any item that is damaged and unusable, unfit for purpose OR counterfeit or fraudulent OR not owned by You OR infringing any third party's copyright, patent, trade mark, trade secret or other proprietary rights OR is illegal or may cause any breach of applicable laws OR You are not legally able to trade 3.11 We reserve the right to refuse to list any film. 3.12 You agree to destroy any record of the recipient’s name and address once You have been credited for an item. You agree to respect the recipient’s privacy and not to send anything to them other than the item relating to the FiLMCiRCLE transaction. 3.13 We reserve the right to remove any item listed at Our sole discretion without notice. 3.14 Once a transaction has taken place and the listing displays “Post this disk” or You receive an email telling You to sign in and post a disk, You are legally obliged to deliver the item to the recipient without delay. If You have any problem with this You should inform Us immediately Using the 'Contact us' link at the bottom of any page on the FiLMCiRCLE web site. 3.15 If You cannot provide proof of delivery of an item it may harm Your case in a dispute and consequently You may forfeit credits which are due. 3.16 When You send an item Your credits will not appear until the buyer clicks ‘Received & OK’. You may not receive credits for an item until a dispute is resolved. 3.17 It is Your responsibility to make sure that any item is adequately packaged, clearly and properly addressed and that the correct postage is used to cover delivery. A recipient may be awarded compensation from Your credit for any shortfall. 3.18 Do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on the Site. 3.19 You accept sole responsibility for the legality of Your actions under laws applying to You and the legality of any items You list on the Site. 4. Receiving items (Films I'd Like) 4.1 In these Terms and Conditions, We use the term 'Like confirm process' to refer to the process after 'Save' is clicked on a listing, by which listings are saved and a contract to redeem the specified amount of credits or less to receive an item in the minimum condition specified or better. 4.2 In order to receive an item, You must complete the ‘Like confirm process' . By confirming You are agreeing to the terms on screen and You will enter into a contract to relinquish the credits You offered and receive the item. 4.3 No further action may required for a transaction to take place. 4.4 Contracts established will remain binding until either:
4.5 FiLMCiRCLE reserves the right to refuse to list any film. 4.6 You agree to Us providing Your name and address to the sender in order for them to deliver an item to You 4.7 FiLMCiRCLE reserves the right to remove any item listed at its sole discretion without notice. 4.8 When You receive an item in acceptable condition, without delay You must click ‘Received and OK’ on the listing, in order for the sender to be credited. If You fail to click ‘Received and OK’ the sender may raise a dispute against You. 4.9 If You receive an item in an unacceptable condition, an incomplete item, a 'pirate' or counterfeit copy, then You must click ‘Problem?’ and raise a dispute. If You not do this within 25 days of the sender posting it, You may lose the right to dispute the transaction. 4.10 Do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on the Site. 4.11 You accept sole responsibility for the legality of Your actions under laws applying to You and the legality of any items You list on the Site. 5. Dispute Resolution 5.1 We will facilitate and monitor communication between members in order to resolve disputes over traded items 5.2 You must check the disk carefully and insert it into your player before clicking "Received and OK" on the listing. Disputes cannot be raised after you have clicked "Recieved and OK". 5.3 You must raise a dispute within 7 days of receipt of the disk using the 'Problem?' link on the Films I'd Like page 5.4 Upon receipt of Your notice of dispute We will notify the sender of the details of the dispute. 5.5 The recipient and sender are required to discuss and attempt to resolve the dispute Using the FiLMCiRCLE resolution wall within 30 days 5.6 For any disputes unresolved after 30 days, We will, at Our sole discretion, determine if the complaint is justified and will communicate Our decision to both parties. Our decision will be final and binding on both parties. 5.7 If the complaint is upheld the recipient will be credited and the sender debited the appropriate credit for the item 5.8 If the complaint is rejected the transaction will be completed, the recipient remains debited and credit released to the sender 5.9 If the quality of the item is in dispute, the recipient may be asked to return the item to the sender and the sender may have credits deducted to pay for the postage 5.10 If the item is counterfeit, the recipient may be asked to post it to Us for inspection and to be handed to the appropriate authorities or destroyed. 5.11 If You do not respond to a dispute the outcome of the dispute may go against You and You may lose the opportunity to have credits refunded or may forfeit credit which is due to You 5.12 If You have a dispute with one or more users, You release Us (and Our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. |
