Terms of Agreement

content:

butler.film is offered by Big Screen Design IVS, CVR. number. 38289764.

We can be contacted at
contact@butler.film

This Agreement governs the terms by which members and clients of butler.film obtain the right to use digital content through the web site located at butler.film. By selecting the box "I have read and accept the terms of service and the privacy policy" during the registration process or otherwise signifying your acceptance, you accept this Agreement either for yourself or on behalf of your employer or the entity that is identified as the content purchaser, and agree to be bound by its provisions. If you are accepting on behalf of your employer or the entity that is the member account holder, you represent and warrant that you have the full legal authority to bind your employer or such other entity. If you do not have such authority or you do not accept or agree with these terms, do not accept the Agreement and do not download the content.

Section 1 - Use

§1

In this Agreement:

  1. “you”, "Subscriber" or the “Client” means you or, if you are accepting on behalf of your employer or member account entity, then “you” means that employer or entity and affiliates
  2. butler.film” or “we” means Big Screen Design IVS, operator of the Site
  3. “content” means any digital video footage or other content that you are downloading from the Site, together with any accompanying material. This exclude any content you upload to Butler.film.

"You" means the subscriber, an individual or entity that purchases a Subscription, creates an Account, accepts this Agreement (whether on behalf of itself or a legal entity) and ensures that Authorized Users comply with this Agreement.

“Subscription Plan” means the various plans that can be purchased on the Site or from an authorized reseller or partner. Purchase of a Subscription Plan grants Subscriber the right to access and use butler.film for a specified period, subject to this Agreement and in exchange for Subscriber’s payment of a scheduled fee. Each Subscription Plan has restrictions and requirements that outline the features on butler.film that Subscriber will be able to access.

For more information about fees and payment terms, see section 2.

§2

We hereby grant to you a perpetual, non-exclusive, non-transferable worldwide license to use the content for the Permitted Uses (as defined below). Unless the activity or use is a Permitted Use, you cannot do it. All other rights in and to the content, including, without limitation, all copyright and other intellectual property rights relating to the content, are retained by butler.film, excluding any content uploaded by the users.

§3

You may only use the content for those advertising, promotional and other specified purposes which are Permitted Uses (as defined below). You may not resell or redistribute the content to other users or to other cinema screens that are not held within the payment and subscription plan. Any use of the content that is not a Permitted Use shall constitute an infringement of copyright.

§4

We ecouge all to start out with a trial period, and later onboard a subscription plan.
When you register for a trialperiod with in a giving plan, your trial will continue for the number of days, with limitation, stated under the plans description and will continue with no further charge until:

  1. the end of the trial period,
  2. the start date on which you purchase a subscription plan
  3. termination of your use of butler.film, either by you or butler.film in its sole discretion.

You may be presented with additional terms and conditions when registering for a trialperiod, and any such additional terms and conditions are hereby incorporated into this Agreement and are legally binding.

Only you are permitted to use the content, although you may use content on the total number of theater screens subject to your personal subscription plan, paid for on butler.film.

§5

Permitted Uses: Subject to the restrictions described under Prohibited Uses below, the “Permitted Use” of content includes showing it an unlimited number of times on as few or as many of the screens within your paid subscription plan.

§6

Prohibited Uses: You may not do anything with the content that is not expressly permitted in the preceding section, including the following:

  • You may not share content with other cinemas, regardless of whether they are known users of butler.film.
  • content must be played in its original, downloaded form. You may not extract, edit, alter or otherwise modify content.
  • You may not use or display the content on websites or other venues that is not subject to your responsibility.
  • You may not use any of the content as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo unless you have paid a licensing fee for said use.
  • content may not be incorporated in any product that results in a re-distribution or re-use of the content (such as web sites, lobby reels and the like) or is otherwise made available in a manner such that a person can extract or access or reproduce the content as an electronic file.
  • You may not remove or alter any of the advertising or branding elements from any of the content available for download.
  • Any notice of copyright, trade-mark or other proprietary rights may not be removed from any place where it is on or embedded in the content.
  • You may not sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the content of the rights granted under this Agreement.
  • You may not post a copy of the content on an external network server or web server for use by other users.
  • You may not use or display the content in a format that enables it to be downloaded or shared in any peer-to-peer or similar file sharing arrangement.
  • §7

    This Agreement is effective until it is terminated. You can terminate this Agreement by destroying the Content and any Permitted Derivative Works, along with any copies or archives of it or accompanying materials (if applicable), and ceasing to use the content for any purpose. The Agreement also terminates without notice from butler.film if at any time you fail to comply with any of its terms. Upon termination, you must immediately

    1. cease using the content and for any purpose
    2. destroy or delete all copies and archives of the content or accompanying materials
    3. if requested, confirm to contact@butler.film in writing that you have complied with these requirements.

    §8

    butler.film reserves the right to elect at a later date to revoke or amend the license granted by this Agreement and replace the content with an alternative for any reason. Upon notice, sent to the address or contact information provided by you for your member account, or such other address as you may advise us in writing to use, from time to time, of such replacement, the license for the replaced Content immediately terminates for any products that do not already exist, and this license automatically applies to the replacement content. You agree not to use the replaced Content, or any Permitted Derivative Works, for future products and to take all reasonable steps to discontinue use of the replaced Content, or any Permitted Derivative Works, in products that already exist.

    §9

    THE CONTENT IS PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. butler.film DOES NOT REPRESENT OR WARRANT THAT THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR-FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT IS WITH YOU. SHOULD THE CONTENT PROVE DEFECTIVE, YOU (AND NOT butler.film) ASSUME THE ENTIRE RISK AND COST OF ALL NECESSARY CORRECTIONS.

    §10

    butler.film's entire liability and your exclusive remedy, with respect to any claims arising out of your use of the content, or out of your actions in downloading the content, shall be as follows:

    1. Original or customized content will not be available for download or on harddrive unless payment for this content has been made in full.
    2. If you encounter any problems downloading the content, or should your copy of the content become lost, corrupt or otherwise unusable, you yourself is responsible for downloading the content from your own account
    3. If you are unable to download content due to reasons beyond the control of butler.film, you may request the content on harddrive, subject to a $100 fee.
    4. Should you decline this arrangement, butler.film will not refund any fees actually paid by you for such content unless butler.film determines in its sole and absolute discretion that any problems cannot be resolved via other means.

    IN NO EVENT SHALL butler.film OR ANY OF ITS AFFILIATES OR CONTENT PROVIDERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE CONTENT, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
    IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY OF butler.film UNDER THIS AGREEMENT, THE LICENSE PROVIDED HEREUNDER, OR THE USE OR EXPLOITATION OF ANY OR ALL OF THE CONTENT IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO THE FEES ACTUALLY PAID BY YOU TO butler.film UNDER THIS AGREEMENT IN RESPECT OF THE USE OF THE RELEVANT CONTENT.

    §11

    You agree to indemnify, defend and hold butler.film, its affiliates, its content providers and their respective directors, officers, employees, shareholders, partners and agents (collectively, the “butler.film Parties”) harmless from and against any and all claims, liability, losses, damages, costs and expenses (including reasonable legal fees on a solicitor and client basis) incurred by any butler.film Party as a result of or in connection with any breach by you or anyone acting on your behalf of any of the terms of this Agreement.

    Section 2 - Terms and payment

    §12

    The prices, features, and options of butler.film depend on the Subscription Plan purchased by you as well as any changes instigated by you.

    §13

    You will timely pay butler.film all fees associated with your Subscription Plan, Account or use of butler.film, including, but without limitation, by Authorized Users. Your payments are non-refundable. Charges for Subscription Plans will be billed to you in advance.

    §14

    When you register for an Account, you must provide accurate and complete information for a valid credit card that you are authorized to use. You must promptly notify us of any change in your invoicing address and must update your Account with any changes related to the credit card used for payment. By completing your registration for the Subscription Plan, you authorize butler.film or its agent to charge your credit card on a recurring (e.g. monthly or yearly) basis (“Authorization”) for

    1. the applicable Subscription Plan charges
    2. any and all applicable taxes
    3. any other charges incurred in connection with your use of butler.film
    4. on recurring basis set by the applicable Subscription Plan
    The Authorization continues through your Term of Use and any Renewal Term until you cancel this Agreement.

    §15

    If butler.film does not receive payment from your credit card provider, you agree to pay all amounts due upon demand. Any amount not paid when due will be subject to finance charges equal to 1.5% of the unpaid balance per month or the highest rate permitted by applicable law, whichever is less, determined and compounded daily from the date due until the date paid. You will reimburse any costs or expenses (including, but not limited to, reasonable attorneys’ fees) incurred by butler.film to collect any amount that is not paid when due. butler.film may accept payment in any amount without prejudice to butler.film’s right to recover the balance of the amount due or to pursue any other right or remedy. Amounts due to butler.film may not be withheld or offset by you for any reason against amounts due or asserted to be due to you from butler.film.

    §16

    butler.film will provide an invoice in a format we choose, which may change from time to time. butler.film reserves the right to correct any errors or mistakes that it identifies even if it has already issued an invoice or received payment. You agree to notify us about any billing problems or discrepancies within 30 days after they first appear on your invoice. If you do not bring such problems/discrepancies to our attention within 30 days, you agree to waive your right to dispute such problems or discrepancies.

    §17

    Billing cycle end dates may change from time to time. When a billing cycle covers less than or more than a full month, we may make reasonable adjustments and/or prorations. You agree that we may (at our option) accumulate charges incurred during a billing cycle and submit them as one or more aggregate charges during or at the end of a cycle, and that we may delay obtaining authorization or payment from your credit card issuer until submission of the accumulated charge(s).

    §18

    Our Subscription Plans automatically renew unless they specify otherwise. If you purchase a Subscription Plan it will automatically renew, unless:

    1. you terminate your Account
    2. you set your Account to not auto renew, and there by pause your subcription and use of butler.film
    3. butler.film declines to renew your Subscription Plan.
    Each renewal period is a “Renewal Term”. You authorize us to collect the then-applicable fees and any taxes for a Renewal Term. Subscription Plan fees and features may change over time and we may recommend a new Subscription Plan that is comparable to your old plan.

    §19

    You may receive or be eligible for certain pricing structures, discounts, features, promotions, and other benefits (collectively, "Benefits") through a business or government Subscriber's agreement with us (a "Business Agreement"), also including our subscription plan. All such Benefits are provided to you solely as a result of the corresponding Business Agreement and such Benefits may be modified or terminated without notice. If you use butler.film where a business or government entity pays your charges or is otherwise liable for the charges, you authorize us to share your account information with that entity and/or its authorized agents. If you are enrolled in a Subscription Plan or receive certain Benefits tied to a Business Agreement with us, but you are liable for your charges, then you authorize us to share enough account information with that entity and it's authorized agents to verify your continuing eligibility for those Benefits and the Subscription Plan.

    §20

    Other than income taxes imposed on butler.film, you will bear all taxes, duties, VAT and all other governmental charges (collectively, “taxes”) resulting from this Agreement or transactions conducted in relation to this Agreement or butler.film.

    Section 3 - Termination

    §21

    The term of this Agreement begins on the date you accept it and continues until your Subscription Plan expires or your use of butler.film ceases, whichever is later.

    §22

    Termination by Subscriber. If you wish to terminate, please provide notice by using butler.film’s account page, where you can terminate subscriptions before the date of auto renew, a date regreed unpon in the individual subscription plan. butler.film has no obligation to consider refund requests related to a termination of a Subscription Plan.

    §23

    Termination by Butler.film. You will be in default of this Agreement if:

    1. you fail to timely pay any amount owed to us or an affiliate of ours
    2. you or an Authorized User associated with your Account breach any provision of this Agreement or violate any policy applicable to butler.film
    3. you are subject to any proceeding under the Bankruptcy Code or similar laws
    4. if, in our sole discretion, we believe that continued use of butler.film by you creates legal risk for butler.film or presents a threat to the security of butler.film or Subscribers.
    If you are in default, we may, without notice to you:
    1. suspend your Account and use of butler.film
    2. withhold refunds and terminate your Account
    3. charge reactivation fees in order to reactivate your Account
    4. pursue any other remedy available to us

    §24

    Effect of Termination. If this Agreement expires or is terminated for any reason:

    1. You will pay to butler.film any amounts that have accrued before, and remain unpaid, as of the date of the termination or expiration, including those for the billing cycle in which termination occurs
    2. any and all liabilities of you to butler.film that have accrued before the effective date of the termination will survive
    3. licenses and use rights granted to you with respect to butler.film and intellectual property will immediately terminate
    4. butler.film’s obligation to provide any further services to you under this Agreement will immediately terminate
    5. he parties’ rights and obligations will survive.

    Section 4 - General Provisions

    §25

    You specifically agree and acknowledge that you have reviewed the entire Terms of agreement including Terms of Use section 1, Terms of Fees and payment section 2, Terms of Termination section 3 and any other agreements which may be incorporated by reference therein, and to the extent of their incorporation in this Agreement you agree to be bound by them.
    butler.film’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
    This Agreement is personal to you and is not assignable by you without butler.film’s prior written consent. butler.film may assign this Agreement without your consent to any other party so long as such party agrees to be bound by its terms.
    If all or part of any provision of this Agreement is wholly or partially unenforceable, the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place of such whole or part-provision an enforceable provision or provisions, that as nearly as possible reflects the terms of the unenforceable whole or part-provision.
    You agree to pay and be responsible for all sales taxes, use taxes, value-added taxes and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of the content, according to this Agreement.
    This Agreement will be governed under the laws of the Maritime and Commercial High Court in Denmark under danish law.

    §26

    YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF butler.film AGREEING TO PROVIDE THE CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND butler.film, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND butler.film RELATING TO THE SUBJECT OF THIS AGREEMENT.

    If you have concerns relating to this Agreement, please contact us at contact@butler.film.

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