Terms & Conditions

A LEGAL DISCLAIMER

MONTAGE

Last updated October 29, 2018

This Terms of Use and License Agreement (the “Terms”) is between you and Montage Crew, LLC (“we,” “us,” or “Montage”), a Georgia limited liability company. By accessing and using the Montage Services, you hereby agree to these Terms.

Montage may modify or replace these Terms at any time. Registered Members will receive an email following such an update. Your continued use of the Services following such an update constitutes your agreement to the new Terms. If you do not agree to the new Terms following an update, you must cancel your Account and cease use of the Services.

THE SERVICES
1. We currently offer streaming films and videos (“Films”) to Members using our website or mobile applications (together, the “Services”). You can access most of our content only if you are a Member, as described in Section 2. Certain content is available only to certain types of Members.
MEMBERSHIP AND ACCOUNTS
1. In order to access certain portions of the Services, you must register as a member (“Member”) and create a user Account (“Account”). Members may have one of three Accounts:
  1. Watcher Account: Members who create a Watcher Account will be permitted to watch Films through the Services. Watcher Accounts are subject to Watcher Account fees.
  2. Filmmaker Account: Members who create a Filmmaker Account will be permitted to submit films and videos that they have created, or to which they own the rights (the “Filmmaker Content”) for potential inclusion in the Services, subject to the restrictions and terms described in these Terms.
  3. Cast Account: Members who create a Cast Account will be permitted only to view and access and areas of the Service applicable to them.
2. If you wish to register as a Member, you agree to provide us with accurate, complete and up-to-date information as requested (“Registration Data”) including your legal name, e-mail address, address, telephone number(s), and applicable payment data. Failure to comply with this provision (including, without limitation, falsification of any Registration Data) may, at our option, result in immediate suspension or termination of your Account and right to access and use the Services without refund of any sums you may have paid as a Member. If you use Google or Facebook to login to the Services, you agree that all information submitted to your respective login platform meets the requirements of this Section 2(b).
3. You agree to notify us promptly, following subscription help instructions, in the event of any known or suspected unauthorized use of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. In the event of a breach of security of which you are aware or should be aware, you will remain liable for any unauthorized use of your subscription until you update your Registration Data. If your credit card expires, is canceled, is lost or is subject to use without your authorization, or if your subscription is subject to use without your authorization, you agree to contact us immediately.
4. Accounts are personal in nature and may only be used by you. You may not share or transfer your Account with any other person. You are responsible for all uses of your Account.
5. Either you or Montage may cancel your Account, and thus your Subscription, at any time. However, in no event will we pay any refunds for previously paid fees.
MEMBER FEES
1. If you create an Account, you agree to pay the then-current monthly subscription fee listed on the subscription page or portal of the Services (the “Subscription”). We reserve right to change the Subscription fee at any time, provided that we will notify you before any price increase. We may, but are not obligated to, offer free or discounted trial periods for Subscriptions at any time.
VIEWING CONTENT
1. If you have a Watcher Account, you may view Films through the Services. Montage grants Members with Watcher Accounts non-exclusive, non-transferable, limited right to access, use and display the Films provided that you comply fully with these Terms. You may not copy, download, transmit, or modify the Films in any way except with our express written permission. The availability of Films is subject to change at any time, with or without notice.
2. Members may submit additional content other then Films, such as commentary (collectively, “User Content”). We cannot vouch for the accuracy, quality or good sense of either Films or User Content. Some Films or User Content may be upsetting, offensive, or unsuitable for certain audiences. You must use your own common sense to judge, evaluate and decide about Films and User Content you view. Any ratings or reviews of the Films are the opinions of the writer or poster only and not Montage.
UPLOADING CONTENT
1. If you have a Filmmaker Account, you may submit Filmmaker Content for potential inclusion within the Services as Films. Montage may decide, in its sole and absolute discretion, whether or not to permit any Filmmaker Content to be posted on the Services. If Filmmaker Content is approved for posting the on the Services, you agree to grant to Montage one of the two following licenses (each a “Broadcast License”), subject to a separate agreement:
  1. Non-Exclusive: During the license term, you grant to Montage a non-exclusive, world-wide, transferable, sublicensable license to reproduce, publish, distribute, perform, display, and transmit the Filmmaker Content and to prepare derivative works thereof.
  2. Exclusive: During the license term, you grant to Montage an exclusive, world-wide, transferable, sublicensable license to reproduce, publish, distribute, perform, display, and transmit the Filmmaker Content and to prepare derivative works thereof. You and your affiliates agree not to offer the Filmmaker Content, or any derivative thereof, to any other distribution outlet or channel of any kind during the license term.
2. In the case of each Broadcast License, Filmmaker Account holders and their affiliates may not make the Filmmaker Content or any derivates thereof available for free to any person, whether themselves or through any outlets.
3. Notwithstanding anything to the contrary herein, in the case of either Broadcast License, the Filmmaker may make the Filmmaker Content available for a fee (other than a de minimis fee) through its own proprietary website or channel.
4. You may submit Filmmaker Content and required deliverables (as we may request from time-to-time) through the appropriate link within the Services.
5. If Filmmaker Content you submit is approved for inclusion on the Services as a Film, the Company will present a Broadcast License to you with specific terms (including, but not limited to, pricing, term length, and required deliverables). You must accept the offer in writing in order for your Filmmaker Content to be made available as a Film.
COPYRIGHT AND TRADEMARKS
1. All materials on the Services, including, without limitation, text, images, software, audio and video clips, databases, Films, and User Content (collectively, the “Services Content”) are owned or controlled by Montage and/or its licensors, which retain all right, title, and interest in and to the Services Content. The Services Content is protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws.
2. You may only submit Filmmaker Content or User Content to which you own the copyright or have the express written consent of the copyright holder. Material posted without permission of the copyright holder will be removed if we learn of such posting without permission. You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Services or any portion thereof for any public or commercial use without our express written permission.
3. You agree not to use any trademarks, service marks, names, logos, or other identifiers of Montage or its employees, licensors, independent contractors, providers and affiliates (collectively, “Affiliates”) without our prior written permission or the permission of the relevant Affiliate. In addition, you may not use our trademarks: (i) in, as, or as part of, your own trademarks or those of any third parties; (ii) to identify products or services that are not those of Montage; (iii) in a manner likely to cause confusion; or (iv) in a manner that implies inaccurately that Montage sponsors or endorses or is otherwise connected with your own activities, products and services or those of third parties.
COPYRIGHT INFRINGEMENT POLICY
1. We take copyright infringement seriously. The Digital Millennium Copyright Act ("DMCA") allows copyright owners who believe that their rights under the United States Copyright Act have been infringed by third parties on the internet to seek relief. If you believe that someone has posted your copyrighted work on the Service in a way that constitutes copyright infringement, you may provide our designated agent with a proper notice. Upon receipt of a proper notice of alleged infringement, we will promptly remove the allegedly infringing material and follow all steps in the DMCA. Your notice must include all of the following:
  1. A description of the copyrighted work that you claim has been infringed.
  2. A description of where the allegedly infringing material is located within the Service.
  3. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, or e-mail address.
  4. A statement 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 that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  6. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our designated agent may be reached at: [ADDRESS].

FORUMS
1. Montage may make available to Members various e-mail notices, newsletters, chat rooms, message boards, bulletin board services or other interactive communication facilities by means of the Services (such facilities collectively referred to herein as the “Forums”). Montage cannot review all communications made on or through the Services. However, Montage reserves the right, but has no obligation, to monitor the Forums and edit, modify, or delete any materials which Montage in its sole discretion determines to violate this Agreement or to be in any other way offensive or contrary to any Montage policy.
COMMUNITY GUIDELINES
1. We strive to creative a safe and vibrant community for our Members. As such, you are required to following the Community Guidelines described in this Section 9.
2. You are solely responsible for the content of any transmissions you make to or through the Services (the “Communications”). You shall not upload to, or distribute to, or otherwise publish (or permit uploading, distribution or other publishing using your Account) to the Services any Communication which, or use the Services in any way which:
  1. is for commercial purposes or otherwise advertises or solicits for the sale of goods or services other than for Filmmaker Content as permitted;
  2. constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  3. is obscene, indecent, pornographic, profane, sexually explicit, or abusive;
  4. constitutes or contains false or misleading indications of origin or statements of fact;
  5. slanders, impersonates, libels or defames any person or entity;
  6. causes injury of any kind to any person or entity;
  7. infringes or violates the intellectual property rights, contract rights, or any other rights of any third party;
  8. violates any applicable laws, rules, or regulations; or
  9. contains software viruses or any other malicious code designed to interrupt, damage, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or to damage or
  10. results in you obtaining unauthorized access to any data or other information of any third party.
3. In order to use the Services in a any manner, you represent and warrant that (i) you are at least 18 years of age and (ii) live in a jurisdiction where the Services are legal as provided.
EMAIL NOTICES
1. Montage may periodically make special offers or communications to Members. You may opt-out of these notices or emails by changing our preferences within your Account settings or clicking the appropriate “unsubscribe” link in an email you receive. Please note that you may not be able to unsubscribe from certain administrative related emails unless you terminate your Account.
CHANGES TO THE SERVICES
1. You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Services is at your sole risk. Montage reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Services, or to deny access to the Services to anyone at any time. You acknowledge and agree that Montage is not responsible for any materials posted by users of the Services. Prior to making any decisions based on information posted on the Services, you are advised to verify the information. Neither Montage nor its Affiliates shall have any liability arising from your acts or decisions based upon the information provided on the Services.
2. The Services may be modified or discontinued entirely at any time without any liability to you.
LINKS TO OTHER WEBSITES
1. The Services may contain links to other sites and downloads on the Internet that may be maintained by third parties. Such links do not constitute an endorsement by Montage of any third-party site or any materials contained therein. Montage does not control, and is not responsible for, the availability, safety, or accuracy of such third-party sites or any information, content, products or services accessible from such third-party sites
INDEMNIFICATION
1. You hereby agree to indemnify, defend and hold harmless Montage from and against any and all liability and costs incurred by Montage in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein. You shall cooperate as fully as reasonably required in the defense of any claim. Montage reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Montage.
DISCLAIMER OF WARRANTY
1. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES (INCLUDING ALL SITE CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MONTAGE MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY MONTAGE. MONTAGE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE, INCLUDING FORUMS OR THE SERVER(S) ON WHICH THE SITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
1. USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE. UNDER NO CIRCUMSTANCES SHALL MONTAGE, OR ANY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR MONTAGE, BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR FEE-BASED SERVICES, EVEN IF MONTAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF MONTAGE IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE SITE. YOU HEREBY RELEASE MONGAGE AND THE AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
ADDITIONAL TERMS
1. You consent to receive communications from us electronically, and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, whether via email or through the Services, satisfy any legal requirement that such communications or agreements be in writing.
2. You may not assign your rights under these Terms without the prior written permission of Montage and any attempt by you to do so shall be null and void. We may assign these Terms.
3. The waiver of a breach of any provision of these Terms will not operate or be interpreted as a waiver of any other or subsequent breach.
4. If any provision of these Terms is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way.
5. Montage will not be liable by reason of any failure or delay in the performance of its obligations on account of events beyond its reasonable control which may include denial-of-service attacks, a failure by a third-party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.
6. These Terms will be construed in accordance with and governed exclusively by the laws of the State of Georgia applicable to agreements made among Georgia residents and to be performed wholly within such jurisdiction, regardless of the parties' actual domiciles. Any dispute arising hereunder, or related to the terms hereof, will be brought exclusively in the state or federal courts located within the State of Georgia.
7. This Agreement, including all agreements referred to and incorporated herein, sets forth the entire understanding and agreement between you and Montage, and supersedes any and all other oral or written agreements or understandings between us.