Terms and Conditions
These Terms and Conditions (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and x26 Films (“x26 Films,” “we,” “us,” or “our”), concerning your access to and use of the website located at https://x26films.com (the “Website”), as well as any other services provided by us or our affiliates that are not covered by separate terms and conditions (collectively, the “Services”). Production work and other engagements are governed by the separate written agreement covering that work, and nothing in these Terms varies or replaces such an agreement.
Your use of the Services is at all times subject to these Terms, as the same may be modified by us, and to all applicable local, state, national, and foreign laws, rules, and regulations, and to any terms with third parties to which you are subject, in connection with your access to and use of the Services under these Terms. By accessing or using any part of the Services, you accept, without limitation or qualification, these Terms. If you do not agree with all of these Terms, you may not use any portion of the Services. If you are dissatisfied with these Terms or the Services, or any material on the Services, your sole and exclusive remedy is to discontinue using the Services. If you are having any trouble accessing these Terms or the Services, please contact us at hello@x26films.com.
You must be at least 18 years old to use the Services. By agreeing to these Terms, you represent and warrant to us that you are at least 18 years old and that your use of the Services is in compliance with any and all applicable laws and regulations. Use of the Services is also governed by our Privacy Policy, which is incorporated herein by reference. Additionally, you acknowledge and agree that transmissions made over the Internet are never completely private or secure and that messages or information you send to the Services may be intercepted or read by others.
The Website is provided for your personal and internal business use and for informational purposes only. Any other use of the Website requires our prior written consent. You may not use spiders, robots, data mining techniques, or other automated devices or programs to catalog, download, or otherwise reproduce, store, or distribute content available on the Website. Further, you may not use any such automated means to manipulate the Website, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Website or any other user’s use of the Website, including, without limitation, by means of overloading, flooding, mailbombing, or crashing the Website, circumventing security or user authentication measures, or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Website within another website. You may not resell use of, or access to, the Website to any third party without our prior written consent.
You may be asked to provide certain personal details or other information through the Website. It is a condition of your use of the Website that all the information you provide through the Website is correct, current, and complete. You agree that all information you provide through this Website or otherwise, including, without limitation, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or the entire Website.
x26 Films is the owner of, or is otherwise licensed to use, all parts of the Website, including all copy, software, graphics, designs, film and video content, and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Website belong to third parties who have authorized us to display those materials, such as certain third-party licensors and clients. By using the Services, you agree not to copy, distribute, modify, or make derivative works of any materials without the prior written consent of the owner of such materials. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Services. All rights not granted under these Terms are reserved by us.
The Website invites you to contact us about projects and about working with us, and to send us material such as scripts, boards, briefs, reels, and portfolios for those purposes. Material that you send to us in connection with a genuine project enquiry or application for work remains yours, and we will review it only for the purpose for which you sent it. We do not treat that material as confidential unless we have agreed in writing to do so beforehand, and you should not send us anything confidential without such an agreement in place.
Separately from the foregoing, we do not accept unsolicited ideas concerning our own business from outside x26 Films, including, without limitation, suggestions about advertising or promotions, merchandising of any products, additions to our services, or changes in methods of doing business (collectively, a “Submission”). You understand that your Submission is not provided in confidence and that we assume no obligation, expressed or implied, by considering or using it. You further grant to us an irrevocable, perpetual, worldwide, royalty-free license to use your Submission, in whole or in part, in any manner and in any media now known or hereafter developed, without compensation, attribution, or other benefit of any kind to you.
You acknowledge that we receive and develop a large volume of creative material, and that we may already be working on, or may in the future independently develop, work that is similar or identical to material you send us. Our receipt or review of anything you send us creates no obligation on our part and does not restrict our ability to develop such work.
While we use reasonable efforts to include up-to-date information on the Services, we make no warranties or representations as to the accuracy or completeness of information on the Services. To the fullest extent permitted by law, your use of the Services is at your own risk. The Services, including all content made available on or accessed through the Services, are provided “as is” and we make no representations or warranties of any kind whatsoever for the content on the Services. Further, to the fullest extent permissible by law, we disclaim any express or implied warranties, including, without limitation, non-infringement, title, merchantability, or fitness for a particular purpose. We do not warrant that the functions contained in the Services or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the Services or the servers that make them available are free of viruses or other harmful components. To the fullest extent permitted by law, we shall not be liable for the use of the Services, including, without limitation, the content and any errors contained therein.
In no event will we be liable under any theory of tort, contract, strict liability, or other legal or equitable theory for any lost profits, lost data, lost opportunities, costs of cover, exemplary, punitive, personal injury or wrongful death, special, incidental, indirect, or other consequential damages. Further, to the fullest extent permitted by law, in no event will we be liable for any direct damages exceeding one hundred United States dollars ($100). Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law.
All information posted on the Website is subject to change at any time. In addition, these Terms may be changed at any time, provided that any material modifications will only be applied prospectively. We will make such changes by posting them on the Website. You should check the Website for such changes frequently. Your continued access to the Services after such changes demonstrates your acceptance of those changes.
You agree to indemnify, defend, and hold harmless x26 Films, its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners, and representatives from and against any and all claims, demands, liabilities, costs, or expenses, including attorney’s fees and costs, arising from or related to your use of the Services, any breach by you of any of these Terms, and any violation by you of applicable law.
These Terms shall remain in full force and effect while you use the Services. You continue to remain bound by these Terms to the extent you continue to access the Services in any capacity. We reserve the right to suspend or terminate access to the Services, without notice or explanation, for any reason, at any time. If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
Our failure to partially or fully exercise any rights, or our waiver of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms. Our rights and remedies under these Terms and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
We will not be responsible for any delay, interruption, or other failure to perform under these Terms due to acts beyond our reasonable control, but only for so long as such conditions persist. Force majeure events include, but are not limited to, natural disasters such as lightning, earthquakes, hurricanes, and floods, wars, riots, terrorist activities, and civil commotions, activities of local exchange carriers, telephone carriers, wireless carriers, Internet service providers, and other third parties, explosions and fires, embargoes, strikes and labor disputes, governmental decrees, and any other cause beyond our reasonable control. If at any time continued provision of the Services would compromise the security of the Services due, without limitation, to hacking attempts, denial of service attacks, mail bombs, or other malicious activities, you agree that we may temporarily suspend the Services.
The Services may provide you with links to, or other access to, websites, services, products, or content of third parties, including the video player used to present our showreel and the social media accounts linked in our footer. We have no control over, nor do we endorse any, such websites, services, products, or content. You acknowledge and agree that you access such third party websites, services, products, or content at your own risk and are wholly responsible for making your own independent judgment regarding your use of or interaction with the same. We recommend that you read the privacy and terms of use policies of each third party website that you access.
The laws of the State of California shall govern these Terms, without regard to its conflict of law provisions. You and x26 Films agree that the state and federal courts located in the State of California shall have exclusive jurisdiction over any claim, dispute, or controversy arising out of or relating to these Terms or your use of the Services, and you and x26 Films each submit to the personal jurisdiction of those courts. Before commencing any formal proceedings, we ask that you contact us at hello@x26films.com so that we can try to resolve the matter with you directly.
The Services are provided from the United States and the servers that make them available may reside in the United States and in other jurisdictions. The laws of other countries may differ regarding the access and use of the Services. We make no representations regarding the legality of the Services in any other country, and it is your responsibility to ensure that your use complies with all applicable laws, including, without limitation, the export and import regulations of the United States and other countries.
Should you have any questions regarding these Terms, you may contact us by email at hello@x26films.com.