Terms and Conditions

A jargon free summary...

We hate lawyers... well really we hate how much they charge. We also hate legal jargon, but have been told we need to have it.

We would ask that you please read these terms and conditions carefully as your use of the site and ReelClever services constitutes acceptance of these terms and conditions. If you do not agree to the terms and conditions, do not use the site or services.

For those of you who can't be bothered reading we have decided to summarize (in our own words). The summary below is for convenience only and has no legal or contractual effect.

ReelClever is a cool website! We don't think our site is broken and we do our best to keep the site live on the Internets but if we get hacked, our servers blow up, Terrorists strike or we spend our hosting money on beer you can't hold us accountable and you can't sue us. Remember we know where you live.

You can cancel anytime, but we may cry.

Don't upload any stuff that isn't yours, duh. Stuff you do upload we can show on the site (unless its really really bad). If you are an idiot we can cancel your membership. If we ever visit your country you agree to provide us with Food, Shelter and Alcohol. You retain all Ownership rights over the material you provide to the ReelClever Site and Service.

The terms and conditions below maybe a mismatch of copy and pasted jargon "borrowed" from other websites and as such may not make any sense. They are also subject to change if we can ever afford a Lawyer or conveniently Sam lands one as a Girlfriend (we have written this into Sam's job description, so he is working on it).

Oh and you also understand that we are from New Zealand and as such talk funny, spell things wrong and have bad grammer.

Real Terms and Conditions start here

Access to and use of the ReelClever site is provided subject to the following terms and conditions. We would ask that you please read these terms and conditions carefully as your use of the site and ReelClever services constitutes acceptance of these terms and conditions. If you do not agree to the terms and conditions, do not use the site or services.

ReelClever may, in its sole discretion, modify or revise these terms and conditions at any time by updating this web page. You are bound by any such modification or revision and should visit this page periodically to review the terms. Your continued use of the services represents your agreement to be bound by the terms and conditions as amended.

1. WARRANTY DISCLAIMER.

YOU AGREE THAT Your use of this Website and Service is at your sole risk. ReelClever provides the services on this websites on an "as is" and "as available" basis.

REELCLEVER MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SERVICES, SHOWREELS, PROJECT TOOLS, REELCLEVER MARKETPLACE OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Without limiting the foregoing, ReelClever and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not represent or warrant that (i) the ReelClever websites and services will be uninterrupted, timely, secure or error-free, (ii) the defects in the ReelClever websites and services will be corrected, (iii) the ReelClever Technology or the servers that operate the ReelClever websites and services are free of viruses or other harmful components, (iv) the data, results and information within the ReelClever websites and services will be correct, accurate, adequate, useful, reliable or otherwise; and (v) the ReelClever websites and services will meet your needs, requirements or expectations.

2. INDEMNITY

You agree to defend, indemnify and hold harmless ReelClever, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the ReelClever Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the ReelClever Website.

3. INTELLECTUAL PROPERTY & USER SUBMITTED CONTENT

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize ReelClever to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.

You acknowledge that ReelClever owns all the intellectual property rights to the Website and that any reproduction, distribution or publication of any content is prohibited without the express written consent of ReelClever.

You retain all Ownership rights over the material you provide to the ReelClever Site and Service.

However, by creating your Showreel and Profile and Uploading Video and Content to the public areas of ReelClever referred to as to as " User Submitted Content.", you hereby grant ReelClever a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submitted Content in connection with the ReelClever Website and ReelClever's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the ReelClever Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the ReelClever Website a non-exclusive license to access your User Submitted Content through the Website, and to use, reproduce, distribute, display and perform such Video and content as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Submitted Content terminate within a commercially reasonable time after you remove or delete your User Videos from the ReelClever Service. You understand and agree, however, that ReelClever may retain, but not display, distribute, or perform, server copies of User Submitted Content that have been removed or deleted. The above licenses granted by you in User Submitted Content are perpetual and irrevocable.

ReelClever will not include or overlay advertising in any of your footage unless you have expressly granted us rights to do so. ReelClever disclaims any liability in connection with the ownership rights in User Submitted Content and you hereby expressly release ReelClever from any and all liability, in connection with ownership of User Content, and expressly waive any claim, demand, contention or suit against ReelClever in connection with disputes over ownership rights in User Submitted Content. ReelClever will remove all User Submitted Content if properly notified that such User Submitted Content infringes on another's intellectual property rights. ReelClever reserves the right to User Submitted Content without prior notice.

In connection with User Submitted Content, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant ReelClever all of the license rights granted herein.

4. MARKET PLACE SERVICE

ReelClever provides a service that allows Individuals, Companies, Businesses, Agencies and any other Organisation or Groups referred to as Employers to request quotes (RFQs) from multiple Filmmakers. This service is meant to be a positive one for both the Employer and the Filmmaker culminating in satisfying both parties.

ReelClever may not always be able to match your RFQ(s) with Filmmakers. While we seek to enlist only the highest quality Filmmakers, we do not guarantee the quality or the credentials of the Filmmakers who receive and respond to your RFQ. As ReelClever is a conduit for matching Employers with Filmmakers, we are not responsible for any transaction that may occur between you and/or your company and a ReelClever participating Filmmaker. ReelClever does not guarantee the quality, safety or legality of the information provided or the products and services sold. You should exercise as much caution as you would typically exercise with any purchase or sale of products or services.

Should you have a dispute with any Filmmaker or Employer, you must address such dispute with the Filmmaker or Employer directly. You hereby agree to release ReelClever (and our employees, contractors and agents) from any and all damages or claims (including consequential and incidental damages, loss of profits or business) arising out of or in any way connected with such disputes and your transactions with Filmmakers or Employers.

5. YOUR USE OF REELCLEVER MARKET PLACE SERVICES

ReelClever enables you to initiate transactions for the purchase and sale of products or services. However, ReelClever is not the supplier of such products or services, nor is it a third party to any transactions involving such products or services. ReelClever matches RFQ(s) from Employers to participating Filmmakers.

You agree that by completing an RFQ, you acknowledge that you have a desire to proceed with a potential purchase, to fulfill such RFQ via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses. These contacts are necessary to provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other reasonable purposes related to our business.

It is agreed that your use of ReelClever marketplace and Projects is for purchasing or selling purposes and not for any other purpose including advertising or competitive intelligence. You acknowledge that ReelClever screens your RFQ(s) and has the right (but not the obligation) in our sole discretion to deny any RFQ that is in violation of these terms and conditions. If it is determined or suspected by ReelClever in its sole discretion that you are misusing or attempting to misuse or circumvent the ReelClever services or system, or are using or attempting to use it for any inappropriate purposes, including but not limited to activities such as hacking, fraud, advertising, or spamming, ReelClever reserves the right, in its sole discretion, to immediately terminate your access without notice and to commence legal actions or proceedings to seek remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.

6. FEES

ReelClever will charges success fees to the Filmmakers which will be a percentage of the project price, ReelClever will also introduce monthly plans for Filmmaker and more details and terms will be provided when these plans are introduced. ReelClever currently is not charging any fees but plan to do so in the future. ReelClever reserves the right to change the fees charged for any of our services at any time. In the event that we introduce a new service, the fees for that service are effective at the launch of the service, unless otherwise stated.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and ReelClever as a result of this Agreement or use of this Web site. This Agreement is governed by the laws New Zealand. All our services are provided in New Zealand and under New Zealand law. You may take legal action against us only in a New Zealand court.

This agreement constitutes the entire agreement between you and ReelClever with respect to this site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and ReelClever with respect to this site.

Peace Out.