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The Film Classes Terms of Use

  1. The Film Classes has made every effort to ensure the accuracy of the information contained on this website or any of the courses, videos, or resource materials available on this site. However, each member needs to consult appropriate information sources such as current textbooks, journal articles, industry trades or reliable internet resources, especially for new or unfamiliar procedures that may or may not be covered within this website. It is the responsibility of every member to evaluate the appropriateness of a particular procedure and opinion in the context of actual industry situations and with due considerations to new developments. The Film Classes cannot be held responsible for any typographical errors or other errors found in this website or any of the courses, videos, or resource materials available on this site.
  2. By accessing the website at thefilmclasses.com, as a member subscriber you will have a non-exclusive right or license to use the educational resources that have been made available on the website. That license is subject to all of these Terms of Services, and you shall be bound by the Terms of Service and all applicable laws and regulations while actively using this website. In using the available education resources, you shall remain solely responsible for using these resource materials in compliance with all laws and regulations applicable to film/tv production, education and licensing requirements. If you breach the terms of this membership, your membership shall terminate, and you are prohibited from using or accessing this site or using, copying or reproducing in whole or in part any of its resource materials and will be liable for all subscription fees and damages sustained by The Film Classes. The materials contained in this website are protected by applicable copyright and other intellectual property laws.
  3. All subscriptions to this service are monthly subscriptions, and automatically renew until canceled. You have the option of paying the subscription fee in annual or monthly installments. If a monthly or annual payment plan is purchased, the member will be charged for an initial 30-day period at the price point selected and consecutively every month thereafter until the member chooses to willfully terminate their chosen plan.
  4. The monthly membership payment is an willful commitment for any member choosing to join. If the membership is canceled before the purchased term has ended or within any consecutive month thereafter, fees are not refunded. Each member upon cancelling will fully retain their active membership until the payment date for chosen term window expires. This means, each member will continue to have access to their membership until the payment end date is reached.
    All payments must be made by credit or debit card.
Personal and Non-Commercial Use Limitation

All Products are copyright protected and are intended for your personal use for educational purposes. You may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services derived or obtained from the Products contained within this website (“Unfair Use”). If you wish to make use of any Unfair Use of a Product, you must: (a) obtain our written permission for that Unfair Use, which could be conditioned upon you paying The Film Classes the current list price for each copy of the Product; or (b) obtain a membership subscription at thefilmclasses.com and use the Product in accordance with the user license under the terms of your membership. Your violation of The Film Classes’s copyrights and the federal copyright laws will constitute a breach and subject you to the claims, sanctions and legal proceedings outlined in these Terms.

Use License
  1. The user’s right to use the educational resources within this membership site shall be granted and available only for the subscriber(s) and only for as long as the individual or student subscriber is a current member. Upon the expiration or termination of a subscription, all rights and license to use any of the sites educational resources and materials from the site, whether downloaded, copied, or reproduced or used in any form whatsoever, shall terminate, and all forms of those documents and materials must be permanently deleted and destroyed. In the event you fail or refuse to destroy the materials obtained from this website after your account has terminated, you shall be responsible for paying the full price of such material or a normal subscription fee for each month or partial month until The Film Classes receives a true and accurate certification from you.
  2. The use of any of the educational resources available on this membership site is granted only to those who have a current membership or subscription. No file on this membership site may be shared with other individuals who are not current members or subscribers, and anyone retaining, sharing, storing, distributing or otherwise using, in whole or in part, any of the sites resource material without a membership or subscription shall be obligated to pay the equivalent of the annual subscription fees that would be required to have permitted access to those resources for the entire term of the access, retention or use of the sites resource material, together with all other damages or losses sustained as the result of the unlicensed use of the materials, together with all reasonable attorneys’ fees, costs and expenses incurred in protecting and enforcing these rights to the resource materials, whether or not legal proceedings are commenced.
  3. Permission is granted to download one copy of the materials on this website for personal, educational use for your needs or program only. Except as specifically permitted in these Terms, all other copying , reproduction creating derivatives of any part of the resource materials is strictly prohibited.
  4. This is the grant of a license, not a transfer of title, and all rights, title and interest in and to those materials shall remain solely the property of The Film Classes, d/b/a Rough Diamond Productions (“ ”). Under this license you may not:
    1. modify the materials without the prior written permission from The Film Classes;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial) other than the permitted educational use of the materials; without the prior written permission from The Film Classes;
    3. attempt to decompile or reverse engineer any software contained on The Film Classes website;
    4. remove any copyright, trademark or other proprietary notations from the materials; or
    5. transfer the materials to another person or “mirror” the materials on any other server.
  1. Any changes, additions, modification, improvements, innovations or derivatives made to any of the licensed educational resources (collectively the “Improvements”) by a member or subscriber shall be the sole and exclusive property of The Film Classes. Each member or subscriber shall notify The Film Classes of each Improvement and shall execute and deliver to The Film Classes such unconditional transfers and assignments of each Improvement, including all goodwill attributable to the Improvement, free and clear of all claims to any residual rights or royalties or other fees or payments for the use or transfer of the Improvement.
  2. Paper copies of files may be made, but ONLY for academic use in your while you have an active membership or subscription.
  3. Your license shall automatically terminate if you fail to pay your membership or subscription fees or otherwise violate any of these Terms of Service and may be terminated by The Film Classes at any time with cause. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Disclaimer
  1. The Film Classes makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Except as otherwise specifically provided, the materials on The Film Classes’s website are provided on an ‘AS IS’ basis.
  2. Further, except for the Success Incentive described above, The Film Classes does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
Limitations

In no event shall The Film Classes be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on The Film Classes website, even if The Film Classes or a The Film Classes authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. The member or subscriber understands and agrees the maximum potential recovery any member or subscriber shall be entitled to recover on any recoverable claim shall be limited to the member’s or subscriber’s membership or subscription fees paid to TheFilmClasses.com during the period of time involving the claim.

Accuracy of Materials

The materials appearing on The Film Classes website could include technical, typographical, or photographic errors. The Film Classes does not warrant that any of the materials on its website are accurate, complete or current. The Film Classes may make changes to the materials contained on its website at any time without notice. However, The Film Classes does not make any commitment to update the materials.

Links

The Film Classes has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by The Film Classes of the site. Use of any such linked website is at the user’s own risk.

Modifications

The Film Classes may revise these terms of service for its website at any time without notice. By using this website, you are agreeing to be bound by the then current version of these terms of service.

Governing Law

All subscriptions and these Terms of Service shall be governed by and construed in accordance with the laws of California.

Arbitration

In the event a dispute arising out of or in connection with each membership subscription, these Terms of Service or the resource materials available to each member subscriber (“Dispute”) each member subscriber agrees to work with The Film Classes in good faith and fair dealing to amicably resolve the Dispute. In the event that does not resolve a Dispute within 30 days after one of the parties gives the other party written notice of the claim or dispute, each member subscriber and The Film Classes, agree that the Dispute shall be submitted to binding arbitration before an appropriate legal counsel in accordance with all applicable rules and laws before a single arbitrator. All claims or disputes must be submitted to arbitration within one year after the initial notice of claim or dispute is given to the other party, or it will be forever barred. All decisions of the arbitrator shall be binding on the parties.

Revised: 05-15-2021

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