Effective as of July 21, 2010

Welcome to filmbinder

filmbinder provides a video encoding, hosting and distribution service on its website located at filmbinder.com. Please read these Terms of Service before using the service and the website. By using the service and the website you agree to be bound by these Terms of Service.

Intellectual Property Rights and Use of the Website

  1. The website at filmbinder.com and all its content, excluding user content, is property of otofor, LLC.
  2. Please don't copy any content.
  3. Please don't mess with the website.
  4. otofor, LLC reserves all rights.

Registration

  1. To view films on filmbinder, you don't need to register. You simply pay per view via your PayPal account or credit card.
  2. To upload films to filmbinder, you need to create an account.
  3. You are responsible for any activities or actions taken under your account.
  4. Please keep your password secure.
  5. You can start creating a film website for each of your films without a film website subscription.
  6. To activate your film website, you have to purchase film website subscription.
  7. To have filmbinder encode your films, you have to purchase encoding service.

Film Owners

  1. You keep all the rights to all of your content.
  2. You keep all the revenues generated through the rentals of your content. Viewers pay per view directly to your PayPal account.
  3. Please don't upload questionable content:
    1. Content for which you have not secured the necessary rights.
    2. Content that could harm others.
    3. Content that could harm the service and the website.
  4. You allow otofor, LLC to host and stream your content for you.
  5. You allow all viewers to view all your text, pictures and trailer content, excluding your email address and film content, when your website is online.
  6. You can take your website offline.
  7. You allow all viewers to view also your film content, if they pay per view.

Viewers

  1. You can view any content that is shown to you, for your non-commercial and personal use only.
  2. You can view any film content, if you pay per view.
  3. You may be exposed to content that contain scenes of violence or nudity. Access to such content is only permitted if you are over the minimum age applicable in your jurisdiction.
  4. Please don't copy any content.

Privacy Policy

  1. otofor, LLC will not rent, sell or share your email address.
  2. All the content that you provide to filmbinder in form of text, pictures and trailers, excluding your email address, will be visible to others.
  3. All your film content that you provide to filmbinder will be visible to viewers who pay for it.
  4. otofor, LLC will only use your email address:
    1. To fulfill your requests for filmbinder services.
    2. To send you system notifications and newsletters.
    3. To monitor and analyze user behavior.
  5. otofor, LLC will only disclose your email address:
    1. If required to do so by law.
    2. As part of any merger, acquisition, sale, transfer, acquisition, or liquidation of any company assets and to parents, subsidiaries or affiliates of otofor.

Copyright Notification

  1. If you believe that your film has been copied and posted on filmbinder, please send a Copyright Notification to otofor's Copyright Agent (listed below) in writing and include the following information:
    1. Description of the copyrighted content.
    2. URL of the copyrighted content.
    3. Your address, telephone number and email address.
    4. 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.
    5. 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 authorized to act on the copyright owner's behalf.
    6. Your physical or electronic signature.
  2. Once your Copyright Notification is received, otofor will forward it, along with your personal information, to the party that posted the copyrighted content claimed to have been infringed upon.
  3. The removal of the content is at otofor's sole discretion.

Copyright Counter Notification

  1. If you believe that the content You posted has been removed from the Website in error, please send a Copyright Counter Notification to otofor's Copyright Agent (listed below) in writing and include the following:
    1. Description of the copyrighted content.
    2. URL of the copyrighted content.
    3. Your address, telephone number and email address.
    4. A statement by you, that you have a good faith belief that the content was removed or disabled as a result of a mistake or misidentification.
    5. 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 authorized to act on the copyright owner's behalf.
    6. Your physical or electronic signature.
  2. Once your appeal is received, otofor will forward it, along with your personal information, to the party that initiated the removal.
  3. The restoration of removed content is at otofor's sole discretion.

DMCA Complaints

Attn: Nils von Bothmer

Address: filmbinder.com
11835 Carmel Mountain Rd. #1304-241
San Diego, CA 92128, USA

Email: copyright@filmbinder.com

Third Party Links

  1. The website may contain links from third party website. otofor, LLC is not responsible for any third party website that link to or from the website.

Warranty Disclaimer

  1. otofor, LLC does not provide any warranties. The service, the website and its content are delivered on an "as-is" and "as-available" basis.

Indemnity

  1. You agree to defend, indemnify and hold harmless otofor, LLC and its subsidiaries, suppliers, affiliates, officers, directors, owners, agents, partners, licensors, licensees and employees, from and against any and all claims, demands, damages, obligations, losses, liabilities, costs and expenses, due to or arising out of your use of the service and the website.

Limitation of Liability

  1. Under no circumstances, including, without limitation, negligence, shall otofor, LLC and its subsidiaries, suppliers, affiliates, officers, directors, owners, agents, partners, licensors, licensees and employees, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever arising from the use of the service and the website.

Termination

  1. You may cancel any film website subscription anytime, by canceling your subscription in your PayPal account.
  2. You may cancel your account anytime, by notifying otofor, LLC per email.
  3. otofor, LLC may remove your content from the website anytime, at its sole discretion.
  4. otofor, LLC may cancel your account anytime, at its sole discretion.

Contact Us

If you have any questions, please contact us.