Terms of Use
These Terms of Use (“Agreement” or “Terms”) are effective as of August 1, 2023. Your continued use of the Site after such time will signify your acceptance of this Agreement.
This Site is owned and operated by Filmless, Inc. (“Filmless”, “Filmless.com”, “we” or “us”). Filmless reserves the right to revise or remove any part of the Terms in its sole discretion at any time and without prior notice to you by updating this posting. Visitors to, and Users of, the Site (collectively, “User” or “You”) should visit this page periodically for changes. This Site is continually under development and changes in this Site may be made at any time. Any changes are effective upon posting to this Site. These Terms incorporate the Filmless Privacy Policy, and Filmless Contractor Services Agreement posted on the Site.
If you disagree with the Terms, your sole remedy is to discontinue your use of this Site. Your continued use after a change has been posted constitutes your acceptance of those changes.
BUYER AND CONTRACTOR RELATIONSHIP
1. Contractor Contract
The dealing, contracting and fulfillment of a Job are between Filmless and a Contractor. Upon an extension of an offer to contract for a Job and Contractor’s acceptance of a Job Contractor agrees to deliver, the Contractor Services in accordance with the following agreements (collectively, the “Contractor Contract”): (1) the Terms of Service set forth herein; (2) the Job terms as awarded and accepted on the Site; and (3) the Filmless Contractor Services Agreement.
2. Reporting and Taxes; No Employment Relationship Created
W-9 Forms. Filmless requires any Contractor earning over $600 to submit to the Site complete and accurate W-9 documents. All domestic Contractor must submit a W-9 prior to being paid.
1099-MISC Forms. If a Contractor has invoices and Filmless has paid Contractor for $600 or more in a calendar year, Filmless will submit to Contractors a1099-MISC forms by the end of the first quarter of the following tax year.
Buyer and Contractor are solely responsible for satisfying any income tax, VAT, payroll tax, payroll withholding, sales and use tax, governmental reporting and other legal requirements under applicable law, and all other requirements applicable to the purchase and sale of services from and by Contractors. Buyer and Contractor agree to indemnify Filmless for any taxes or penalties imposed on Filmless by virtue of the purchase and sale of services between them on this Site.
Contractors acknowledge that they are an independent contractor and not employed by Filmless as an employee. As such, in addition to satisfaction of tax obligations as set forth above, Contractors are solely responsible for their own license fees (if any) and normal business expenses. Contractors are not entitled to any benefits available to Filmless employees, including, but not limited to, medical, unemployment, vacation and pension benefits. Contractors are solely responsible for providing workers’ compensation, liability, and other insurance coverage, as they deem appropriate and required. Contractors are solely responsible for complying with all applicable state and federal reporting and/or income requirements.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL FILMLESS BE LIABLE FOR ANY COMPENSATORY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM 1) THE USE OF THIS SITE OR SERVICES OFFERED BY THE SITE; 2) THE INABILITY TO USE THIS SITE OR THE SERVICES; 3) THE MISAPPROPRIATION OF MATERIALS; OR 4) THE LOSS OF, OR DAMAGE TO, MATERIALS FOR ANY REASON, EVEN IF FILMLESS OR A FILMLESS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Filmless, its shareholders, business partners, directors, officers, employees, agents, Users, or third party sponsors, subsidiaries, affiliates, successors, and assignees, at your sole cost and expense, from all liabilities, claims, and expenses, including attorney’s fees, that arise from Your use of the Site and from any User Content you contribute to the Site. Filmless reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Filmless in asserting any available defense. You shall not settle any indemnified claim without Filmless’s prior written consent.
UNSOLICITED IDEAS
Filmless does not accept or consider unsolicited ideas, including ideas for new promotions, products, technologies, or processes. This policy serves to avoid potential misunderstandings or disputes regarding ownership of ideas. Except as expressly provided in Filmless’s privacy policy, you give Filmless an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute any User Content. You further agree that Filmless has the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas that you (and those who act on your behalf) transmit to or through this Site or to us through email.
TRADEMARKS
All trademarks, service marks, logos and trade names on this Site, whether registered or unregistered, including but not limited to Filmless.com, are proprietary to Filmless or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.
JURISDICTIONAL ISSUES
This Site is controlled and operated by Filmless from its offices within the State of California, United States of America. Filmless makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to this Site from jurisdictions where the contents of this Site are illegal or penalized is prohibited.
ENTIRE AGREEMENT; NO WAIVER; SEVERABILITY
These Terms, including the Terms of the Privacy Policy and Contractor Services Agreement, constitute the entire agreement between you and Filmless regarding the use of the Site, superseding any prior agreements between you and Filmless relating to your use of the Site. The failure of Filmless to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
CLAIMS OF COPYRIGHT INFRINGEMENT
Filmless respects the intellectual property of others. If you believe that your copyrighted work has been copied and is accessible on the Site in a way that constitutes copyright infringement, pursuant to Title 17, United States Code, Section 512(c)(2), you are encouraged, as a first step, to contact the involved party in an attempt to resolve the issue directly. You may in addition or as a next step send a notification of claimed copyright infringement to Filmless’s designated agent along with the following information:
The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
A description of the copyright work that you claim has been infringed and a description of the infringing activity;
Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the Site where it is posted or the name of the book in which it has been published;
Identification of the URL or other specific location on the Site where the material that You claim is infringing is located, including enough information to allow Filmless to locate the material;
Your name, address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in Your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT MATERIAL IS OR IS NOT INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
GOVERNING LAW; VENUE
These Terms and the validity, construction, and performance thereof will be governed in all respects by the laws of the State of Delaware, without regard to its choice of law provisions. You irrevocably agree that any action proceeding arising from or relating to this Agreement may be brought only in the courts of California or the U.S. District Court located in San Francisco, California; and, you consent, for yourself and in respect of your property, to the jurisdiction of each such court in any such action or proceeding, and waive any objection to proceeding in such venue, including that the forum is inconvenient.
CONTACTING US
If you have any questions or complaints regarding these Terms, please submit your questions or complaints via an email to info@filmless.com and if you need an address use 2 Embarcadero Center, Floor 8. San Francisco, CA 94111.