Terms & Conditions
01.Who We Are
FanForce is an Australian film company that operates the Site.If you have any questions or concerns, please contact us via the contact form on our site
- The terms “we”, “us”, “our” and “FanForce” refers to FanForce.
- The term “Account Holder” refers to all individuals and/or entities who create and manage an account through this Site.
- The term “Host” refers to all individuals and/or entities who register an account with this Site for the purposes of creating and managing a Home Premiere on this Site.
- The term “Ticketholder” refers to all individuals and/or entities who register an account with this Site for the purposes of either reserving or purchasing access to a rental of a film. Home Premiere or other content through this Site.
- The term “Screening” refers to a specialised single event film screening of films and/or other audiovisual works (collectively referred to as “Films”) listed on the Site
- The term “User” refers to all individuals and/or entities accessing this Site for any reason, including both Hosts and Ticketholders.
The purpose of this Site is to enable FanForce to facilitate and enable TVOD [Transactional Video-On-Demand] rentals of films as well as for Hosts to organise and sell tickets to specialised ‘Home Premieres’ screenings of Films that may or may not include Livestream events as listed on the Site.
05.Our Website Services
- Eligibility and access
- In order to access FanForce TV and the Services, you will need to sign up to FanForce TV. You must be at least 13 years of age to subscribe to FanForce TV. There is certain content on FanForce TV which is restricted to users of a certain age. You must provide us with complete and accurate information regarding your age if prompted to do so before viewing any age-restricted content. FanForce TV reserves the right to restrict your access if you are not of a suitable age.By proceeding to promote a Home Premiere, reserve or purchase a ticket to a Home Premiere, rental to a film or make a donation through our website or any affiliated site in excess of the amount of your ticket, Users acknowledge that they are over eighteen (18) years of age
- All prices on this Site are quoted in United States Dollars (AUD) unless otherwise stated.
- The Company makes no claims that the Services may be lawfully accessed in any specific location. Access to the Services may not be legal by certain persons or in certain states or certain countries, or may require government authorization or registration. When you access the Services you are solely responsible for compliance with the laws and regulations of your jurisdiction.
06.Categories of Users
There are two (2) categories of Users identified, categorised as Hosts and Ticketholders, who hereby agree to use the Site in accordance to the terms set out as follows:
- While Users may browse the Site, in order to reserve or purchase tickets to Screenings, Users must register an account with our website and become a Ticketholder.
- In order to set up a Screening through this website, Users must register an account with our Site and become a Host.
- On registration, Users will be required to provide a password.
- Account Holders agree to ensure that their registration details are true and accurate at all times and undertake to update such registration details as and when they change.
07.Event Times and Details
- This Site contains dates, times, availability and details for Home Premieres, Q&As and other events which are regularly updated and subject to change and may change from time to time. FanForce does not guarantee the accuracy of the Screening session times and details but will use its reasonable efforts to keep the details accurate.
08.Differing Memberships or Promotions
We may offer membership plans, special promotional plans or offers with differing conditions and limitations. Any materially different terms from those described in these Terms and Conditions will be disclosed at your sign-up or in other communications made available to you. In the event that a promotional membership is offered by a third party in conjunction with the provision of their own products and services, we are not responsible for the products and services provided by such third party. We reserve the right to modify, terminate or otherwise amend our offered membership plans.
09.Ticket Purchases and Refund Policy
- An account Holder’s only option is to reserving a ticket to a Home Premiere or other event is with a Credit Card. Oncepurchased, an email will be sent to the Account Holder confirming their purchase and containing further details in regards to their event. On certain events Ticketholders may be able to donate to charities and other third parties at the time of ticket purchase. This donation amount is in excess of the amount of your ticket purchase. Please note that an administrative fee of ten percent (10%) of the amount of donation is taken by FanForce with respect to any monies donated to charities through our Site.
- We reserve the right, at our sole discretion, to set ticket prices to all events on behalf of Hosts.
- We reserve the right to not proceed with an event at our sole discretion, in which case Ticketholders will be entitled to a refund. No interest will be paid on this refund amount.
- No refund will be given to Ticketholders in the event that they do not approve of the film upon its Screening.
- No refund will be given to Ticketholders in the event of a disruption to a Livestream event. FanForce will endeavour to provide a suitable replacement to this disruption that may include a new Livestream event, a pre-recorded event or another form of material to replace the event that was disrupted.
- GST applies to the purchase of products and services from this Site and will be charged at the time of purchase.
- We will only issue a refund in the event of an eventcancellation or rescheduling that occurred after a customer purchased a ticket.
- We do not issue refunds for change of mind or personal circumstances.
10.Intellectual Property Rights
- The copyright subsisting in all content on this Site, including the underlying software of the Site, literary, artistic, dramatic and musical works, sound recordings, cinematograph films, graphics, images, layouts, posters, text, trailers, teasers, film clips, videos and other media belongs to us, or we have a licence to use those materials. No unauthorised use of copyright materials is permitted.
- By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to exercise any copyright that the User may hold in the content in any way, in any media known now or in the future (including, without limitation, by reproducing, changing and communicating the content to the public) and permit us to authorise any other person to do the same.
- Users further authorise us to use any content created by them as a sample on any of our promotional material relating to events, FanForce or the Site.
- You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
- The Services may allow you to access digital content on a pay per view basis, subscription basis, rent, or purchases. The basis on which digital content is available on the Services will be indicated on the product detail page for which you may purchase the digital content. Subject to your payment of any applicable fees, purchases, subscriptions, rent or pay per view, the Company grants you a non-exclusive, non-transferrable, personal, non-sub licensable, limited right and license to view the video stream based upon the applicable fees, purchases, subscriptions, rent or pay per view selected by you.
The Company makes no guarantees as to the resolution and quality of your digital content when streaming. The quality and speed of your stream of digital content has many different variables, including your connection speed, location, download speeds, devices, player and bandwidth.
11.User Comments and Suggestions
While the Company values user feedback, please be specific in your comments and do not submit creative ideas, inventions, or suggestions.
If, despite our request, users send creative ideas, inventions, or suggestions, all such submission shall be the property of the Company in whole or in part. The Company shall own exclusively all now known or later discovered rights to the submissions and shall be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without compensation to users or any other third party.
No part of the submissions shall be subject to any obligation of confidence and the Company shall not be liable for any use or disclosure.
Users may have the option to Twitter, Facebook or other social networking Services through the Services to share links and content. Users undertake this option as their sole responsibility, including but not limited to complying with all of the terms and conditions of the social networking Services.
- Company reserves the right to offer Company or third party services and products to you based on the preferences that you identify in your registration and at any time thereafter, unless you opt-out of receiving third party services and products.
- By using this Site, Users acknowledge and agree that Internet transmissions are never completely private or secure. Users understand that any message or information Users send to the Site may be read or intercepted by others.
14.Rules of Use
Users agree to the following:
- Users will not reprint, republish or distribute, in any way, any information or materials found on our Site without FanForce’s prior written consent.
- Users will not provide to us or post on our Site any information that is not correct, such as an incorrect name, address, email address, donation amount or any other incorrect information.
- Users will not publish any content that contains sexually related text, photographs or other content, or content that is defamatory, obscene, indecent, threatening, abusive or hateful.
- Users will not post any materials on our site or include any comments or materials in any presentation in violation of any other party’s rights, including, but not limited to copyright or privacy rights.
- Users will not attempt to reverse engineer, decompile or derive the source code of any of the software comprising or in any way used on our Site.
- Users agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the website or application or any transaction being conducted on the website or application, or with any other person’s use of the website or application.
- Products or services obtained from this Site may not be re-sold for commercial or promotional purposes, bundled with other goods and services or used for promotional purposes without FanForce’s prior written consent.
- You acknowledge FanForce’s right to enforce film classification requirements set by the Australian Classification Board and other classification boards and Ticketholders will not purchase tickets to events of films that you (and any persons on whose behalf you purchase tickets) are not legally entitled to see. FanForce reserves the right to insist that you provide suitable identification depending on a film’s classification.
- All event and film details including pricing, release date and detailsand changes to are determined by FanForce at all times and can be changed by FanForce at any time. FanForce is not required to inform users of any changes made to films or events.
- Any additional costs for for special requirements for Live Events such as additional audio visual equipment, or software other similar items will be paid for by the user.
- The Services may be used only for lawful purposes relating to streaming and related materials. The Company specifically prohibits any use of the Services, and all users agree not to use the Services, for any purposes other than designated by the Company.
- You are prohibited from violating or attempting to violate the security of the Services, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this Services, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (e) scraping or harvesting data or (f) the use of robots to skew payouts..
- Violations of system or network security or inappropriate conduct may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with law enforcement entities in prosecuting users who are involved in such violations.
15.When FanForce may cancel, suspend or restrict your membership
We may immediately suspend or restrict your use of all or any of FanForce TV and/or the Services:
- because of technical or operational reasons;
- if we decide that the content provided on FanForce TV may no longer be secure, or is being used in breach of these Terms and Conditions or in a way inconsistent with the requirements of our content partners or licensors;
- if any payments you owe to us have not been paid within 14 days of their due date;
- if we detect more than two simultaneous sessions being accessed on your account;
- if you breach any other terms of these Terms and Conditions; or
- if we consider that you have committed or may be committing any fraudulent activity against us or against any other person or organisation through your or their use of FanForce TV and the Service.
16.Disclaimer of Warranties
- You represent and warrant to us that:
17.Limitation of Liability
- Users assume full responsibility and risk of loss resulting from use of the Site.
- Users acknowledge that the Site is an online Video-On-Demand streaming service which allows anyone on certain events to donate to a nominated charity upon purchase of a ticket to a Screening. Users acknowledge that FanForce is not directly involved in the ownership of charity funds or how such funds are redistributed.
- FanForce bears no responsibility due to any inaccuracy or misleading information, loss or damage caused directly or indirectly by the information posted on this Site.
- Under no circumstances shall we or any of our directors, officers, employees or representatives be liable for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if we have been advised of the possibility of such damages.
- Subject to your rights under the Australian Consumer Law, or any other law, you acknowledge and agree that you will not hold us, or any of our related entities, licensors or affiliates responsible for:
- any suspension or restriction of FanForce TV or any interruption or delay to the Services caused by matters outside our reasonable control;
- any errors, viruses or bugs present in or arising from your use of the Services (that are not directly caused by or attributable to us);
- any incompatibility of FanForce TV with any other software, hardware or material on your computer, mobile phone or other device; or
- any damage to your property or your own equipment.
- Users agree to indemnify and hold us and our directors, officers, employees and representatives, harmless from any and all losses (including but not limited to legal fees) resulting from any claims that are asserted, or may be asserted, based on or relating to use, or the use of any individual using a Account Holder’s password of this Site.
19.Responsibility for Use of Password
- Certain features or services offered on or through the Site may require Users to open an account and thereby become a Host or Ticketholder (including setting up a FanForceTV username and password).
- Account Holders are entirely responsible for maintaining the confidentiality of the information on their account, including password, and for any and all activity that occurs under a Account Holder’s account as a result of failing to keep this information secure and confidential.
- Account Holder’s agree to notify us immediately of any unauthorised use of an account or password or any other breach of security at: [firstname.lastname@example.org]
- Users may not use another Account Holder’s FanForce password or account at any time without the express permission and consent of the holder of that FanForce password or account.
20.Links to Other Sites
22.Copyright Infringement Notification
If you believe that any copyrighted work is accessible through the Services in a way that constitutes copyright infringement, please notify the Company by providing our designated copyright agent with the following information:
The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;
A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;
Identification of the URL or other specific location on the Services where the material or activity you claim to be infringing is located or is occurring; You must include enough information to allow us to locate the material or the activity;
Your name, address, telephone number, and e-mail address;
A statement by you, made under penalty of perjury, that (i) the information you have provided is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (ii) you have a good faith belief that use of the copyrighted materials is not authorized by the copyright owner, any agent of the copyright owner, or the law.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against, you can send the Company a counter-notice that includes the following:
Your name and address, and telephone number;
The source address of the removed content;
A statement under penalty of perjury that you have a good faith belief that the content was removed in error; and
A statement that you consent to the jurisdiction of State of New South Wales, Australia. or if your address is outside of the United States, for any judicial district in which the Website may be found, and that you will accept service of process from the person who provided the original complaint.
Please note that the Australian Copyright Act prohibits the submission of a false or materially misleading Notice or Counter-Notice, and any such submission may result in liabilities, including perjury.
Users may not assign, license or sub-license any rights hereunder.
24.Exclusion Clause (Force Majeure)
25.Compliance With Law
- Users may not use the website or any content for any purpose that is unlawful or prohibited by this Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of us or others.
- Hosts hereby acknowledge that it is the sole responsibility of the Host to ensure that by conducting fundraising in order to donate to nominated charities, Hosts are fully aware and have complied with any and all Country, State and Commonwealth Acts and Regulations pertaining to charitable funding, including but not limited to:
- Australian Charities and Not-For-Profits Commission Act 2012 (Cth)
- Australian Charities and Not-For-Profits Commission Regulation 2013 (Cth) Charities Act 2013 (Cth)
- New South Wales: Charitable Fundraising Act 1991 (NSW); Charitable Fundraising Regulations 2008 (NSW);
- Victoria: Fundraising Act 1998 (VIC); Fundraising Regulations 2009 (VIC);
- Queensland: Charitable and Non-Profit Gaming Act 1999 (QLD); Collections Act 1966 (QLD); Collections Regulation 2008 (QLD);
- South Australia: Charitable Purposes Act 1939 (SA), Collections for Charitable Purposes (Collection Bins) Regulations 1995 (SA);
- Tasmania: Collections for Charities Act 2001 (TAS);
- Western Australia: Charitable Collections Act 1946 (WA); Charitable Collections Regulations 1946 (WA);
- Australian Capital Territory: Charitable Collections Act 2003 (ACT).
26.Jurisdiction and Law
- Users irrevocably submit to the laws and jurisdiction of the State of New South Wales, Australia.
- In its sole and absolute discretion, with or without notice to you, FanForce may suspend or terminate a Account Holder’s account.
- An Account Holder may terminate her/his account for any reason by logging into the FanForce account, deleting the account and discontinuing use of the Site.
29.Stripe & Stripe Connect
- Customers purchasing a ticket to a event or film rental do so with the knowledge that a percentage of the fee will be split between FanForce and other entities
- Stripe only provides a facility to the Site and Hosts to accept payments, and not to make payments.
31. Virtual Premieres - Host/Filmmaker Cancellations
- Cancellations made 14 days or more in advance of the Virtual Event date will receive a 100% refund. Cancellations made within 7 days will receive a 50% refund. Cancellations made less than 7 days will not receive a refund. If service fee has not been paid then Virtual Event cancellations made less than 7 days before event date require a cancellation fee of 50% of the services fee.