- If you are an entity other than a natural person, the person who registers the account or otherwise uses our Services must have the authority to bind the entity. In this context, “you” means both the entity and each person who is authorized to access the account.
- Visiting this Website
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
- The Services we provide
- Stream videos that you have the right to view;
- Upload, store, and/or live stream videos; and
- Use all related functionality that we may provide.
- Transactions: We may offer digital goods for sale or exchange.
- Monetization: We may allow you to sell or monetize your content or digital goods or to earn money through advertising.
- Our intellectual property rights
- The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remain the property of FilmCrib or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by FilmCrib and its licensors.
- You may store, print and display the content supplied solely for your own personal use. We grant you a limited, non-transferable licence to access and use the Website solely for your personal and non-commercial purposes. However, you are not permitted to publish, manipulate, distribute, communicate or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
- Any use or copying of the Website for any other purpose is expressly prohibited without our prior written consent. You may contact us at [email protected] if you wish to seek such consent.
- We (or our licensors) retain all right, title, and interest in and to the Website, and nothing you do on or in relation to the Website will transfer any intellectual property rights to you or (except for the licence and limited purposes referred to in paragraph (b)) licence you to exercise any intellectual property rights unless this is expressly stated.
- Licensing of your content
- As between you and us, you own and will retain ownership of all intellectual property rights in and to the content you submit to this Website. However, in order to allow us to host and stream your content, you license and authorise us to:
- Stream your content to end users;
- Embed your content on third-party websites;
- Distribute and communicate your content;
- Reproduce your content;
- Make your content available for download;
- The license granted by you is a non-exclusive, worldwide, royalty-free, sublicensable and transferable license. It commences when you upload your content and ends when either you or we delete it from the Website.
- The license includes the right to copy, transmit, communicate, stream, distribute, publicly perform, and display such content through online means in connection with the provision of our Services.
- You grant us permission to use your name, likeness, photo, biography, trademarks, logos, or other identifiers used by you in your account profile for the purpose of displaying such properties to the public via the Website.
- Content restrictions
- You must not submit or upload any content that:
- Infringes any third party’s copyrights, intellectual property rights or other rights (e.g., trademark, privacy rights, etc.);
- Is sexually explicit or promotes a sexual service;
- Is defamatory or abusive;
- Contains racist, hateful or discriminatory speech;
- Promotes or supports violence, terror or hate groups;
- Exploits or endangers minors;
- Depicts or encourages self-harm or suicide;
- Depicts acts of extreme violence, graphic acts of brutality, sexualized violence, including rape, torture, abuse, and humiliation, or animal cruelty in any form;
- Promotes fraudulent schemes, proposes an unlawful transaction, or uses deceptive marketing practices;
- Contains false or misleading information, fake news, deepfakes, propaganda, or unproven or debunked conspiracy theories;
- Contains information that creates or has the potential to create a serious risk of material harm to a person, group, or the general public; or
- Infringes any applicable law or promotes any unlawful conduct.
(collectively “Content Restrictions”)
- Copyright policy
- We respect your intellectual property rights and the intellectual property rights of others. You must ensure that all content that you upload does not infringe any third-party copyright.
- We will promptly remove content when we notified that the content infringes a third party's copyright.
- We will terminate the accounts of repeat copyright infringers.
- If you believe that copyright in your content is being infringed, you may notify us of the infringement by sending a written notification to [email protected] with the following details:
- Your name, address, telephone number, and email address (if any).
- A description of the copyrighted work that you claim has been infringed.
- A description of where on the Website the content that you claim is infringing may be found, sufficient for us to locate the material (e.g., the URL for the video).
- A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
- A statement by you that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- Your electronic or physical signature.
- Upon receipt of an Infringement Notice, we will investigate the claim and remove content that infringes copyright in your content or a third party’s content.
- We are registered with and are DM©A.com compliant (For more information, see at DMCA Protection & Takedown Services : Free Dashboard Access)
- Linking to this Website
- You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- While you may use the name “FilmCrib” in the text of any such link, you may not use the FilmCrib logo or any of our other trademarks without our prior written consent.
- You must not establish a link from any website that is not owned by you.
- This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page.
- We reserve the right to withdraw linking permission without notice.
- Accuracy of information
- Some of the information on the Website may be provided by third parties. While we believe that these third parties are reliable sources of this information, we cannot guarantee that this information, and the rest of the information on the Website, will always be accurate, up-to-date or complete.
- The material provided and views expressed by other users of the Website or users of our products and services are the materials and views of those users and are not ours.
- General restrictions
In using the Website, you must not:
- provide us with inaccurate or incomplete information;
- violate any applicable laws or regulations, or use the Website for any purpose that is unlawful;
- distribute viruses, spyware, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software;
- collect or store data about other users of the Website; or
- engage in any other conduct that inhibits any other person from using or enjoying the Website.
- Our warranties and liability
- In particular, and without limiting paragraph (a):
- While we endeavour to provide a convenient and functional Website, we do not guarantee that your requirements will be met or that your use of the Website will be uninterrupted, error free or that the Website is free of viruses or other harmful components; and
- We cannot be responsible for any loss, corruption or interception of data sent to or from our Website which occurs outside of our computer systems (such as those which occur while being sent over the internet).
- We recommend that you install and use up-to-date anti-virus, anti-spyware and firewall software on your computer.
- In the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
- In the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
- Subject to our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, include:
- Special, indirect, consequential, incidental or punitive damages; or
- Damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data,
whether in contract, tort (including negligence), in equity, under statute or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
- Our liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
- Your warranties
- You represent and warrant to us on a continuing basis that:
- You have the right to submit and upload the content to FilmCrib and grant the licenses herein;
- We will not need to obtain licenses from any third party or pay royalties to any third party with respect to the streaming or other permitted distribution of the content;
- You have obtained appropriate releases (if necessary) from all persons who appear in the content;
- The content does not, and will not, infringe any third party's rights, including third party copyright, intellectual property rights, rights of publicity, moral rights, and privacy rights; and
- You will indemnify, defend, and hold harmless FilmCrib and its subsidiaries, parents, and affiliates, its directors, officers, employees, and agents, from and against all third-party complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, arising from or relating to:
- The content you submit to or through the Website; and
- Variation of the Website
- We may terminate our agreement with you at any time by providing thirty (30) days’ written notice.
- You may terminate this agreement at any time by deleting your account.
- Terminate this agreement immediately, with or without advance written notice;
- Suspend, delete, or limit access to your account (and other accounts you control) or any content within it; and
- To the extent permitted by applicable law, retain any amounts payable to you (which you forfeit).
- If we terminate or delete your account for breach, you may not re-register.
- Variation of the Website
We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Website.
- Personal information
- Force Majeure
Neither party will be liable for any failure or delay in performing any of its obligations under these terms if such delay is caused by circumstances beyond that party’s reasonable control.
- Infringing or objectionable content
If you believe that the Website contains elements that are objectionable, or infringe copyright or any other rights, please contact us by email at [email protected] and provide particulars of such content and a detailed description of why it is objectionable or infringing. We will respond as necessary, including by removing the infringing material or disabling all links on the Website to the infringing material.
- You and FilmCrib are independent contractors of one another; neither party is an agent, partner, or joint venturer of the other. This agreement binds the parties and their successors, personal representatives, and permitted assigns. You may not assign this agreement to any person whose account has been terminated by us or who is prohibited from registering; any such assignment will be void. Except as expressly stated herein, nothing in this agreement confers any right on any third party
- Your use of the Website is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of the Website, including sending you electronic notices.
- No waiver, delay or failure by us to take any action shall constitute or be construed as a waiver of that or any other term, condition, option, privilege or right we may have.
Who we are and what we do
Acceptance and Changes
2. Children's Privacy
We do not knowingly collect personal information from individuals who are under the minimum required ages specified herein. You must be at least 16 years old or the age of majority in your jurisdiction, whichever is greater, to use our services. Individuals under the applicable age may use our services only through a parent or legal guardian's account and with their involvement. If you are a parent or legal guardian who believes your child has provided personal information to FilmCrib without your consent, you may ask us to delete such information by contacting us [email protected]
3. Data We Collect About You
We collect information about you when you use our services. In addition, third parties may collect information about you when you use our services. Collected information may include or reflect personal information that could identify you, as well as non-personal information. We refer to your information as "your data" for short.
To create an account, you must provide a valid email address and password. If you choose to sign-up and/or authenticate using a third-party account (e.g., Facebook, Google), you authorize us to obtain account information from the third-party platform.
To make a purchase, you may need to provide a valid payment method (e.g., credit card or PayPal account). Your payment information will be collected and processed by our authorized payment vendors. We do not directly collect or store credit or debit card numbers ourselves in the ordinary course of processing transactions. If we allow purchase through a third-party platform (i.e. in-app purchase), the payment method stored with the third-party platform will be charged.
If you wish to sell items or earn money from advertising through our services, you must provide an account to receive funds and tax information, which may include your name, address, and taxpayer identification number.
Content You Submit
You may upload and create content such as videos, text, photographs, and artwork. Your account profile may display information about you and your activities. This information may be accessed by others. Your videos may be viewed and otherwise accessed by others, and associated metadata (e.g., titles, closed captions, descriptions, tags, etc.) may be viewable by others. You may choose to limit the availability of your profile and videos. For more details, see Section 9.
Your interactions during events such as live streams and webinars, or with other users (e.g., comments, "likes," poll responses) may be seen by others.
If you submit images or videos to us in connection with our video creation and editing tools, we may analyze such content using a variety of techniques, including machine-learning algorithms, for the sole purpose of creating a video at your direction. In doing so, we may derive facial-related information from your content solely for the purpose of creating a video for you. This information may be used, for example, to locate a face within a frame. Facial landmarks are retained for 48 hours after a video editing session. We do not collect, use, or store any facial-related information for the purpose of recognizing faces outside of the limited video-creation purposes set forth herein.
Other Information You May Submit
You may submit data to us for limited purposes such as requesting customer support; participating in a study or survey; entering contests or sweepstakes; applying for a job; or signing up to receive communications from us or another user.
We collect your shipping address to send you products you have ordered.
Information Collected by Third Parties
Some third parties may collect data about you when you use our services. This may include data you submit (such as payment information) or automatically-collected information (in the case of third-party analytics providers and advertising partners).
We may obtain data from third parties about you. We may combine that data with information that we have collected. For example, some advertisers or advertising platforms may allow us to determine what other online services you might use so that we may place relevant ads on those services.
4. How We Use Your Data
We may use your data for the following purposes:
- Identification and authentication: We use your data to verify you when you access your account.
- Operating our services: We use your data to provide our services, process and fulfill orders, provide customer support, and to otherwise comply with our contractual obligations to you. We (and/or our third-party vendors) use your financial information to process purchases made by you and to pay you amounts you have earned.
- Communicating with you: We use your data when we communicate with you (e.g., when we respond to a customer support or other inquiry).
- Improving our services: We use your data to understand how our services are being used and how we can improve them. In general, we analyze aggregated data, rather than specific user data. We may, however, need to analyze a specific case to address a specific problem (e.g., a bug that affects only a few accounts).
- Customizing your experience: We use your data to personalize the service to you. This may include remembering your preferences for language or volume or displaying videos that you might enjoy, based upon your viewing choices.
- Marketing and advertising: We use your data to show you ads on third-party sites, and to measure the effectiveness of those ads.
- Exercising our rights: Where reasonably necessary, we use your data to exercise our legal rights and prevent abuse of our service. For example, we may use your data to detect and prevent fraud, spam, or content that violates our Terms of Service.
- Legal compliance: We use your data where we are legally required to do so. For example, we may need to gather your data to respond to a subpoena or court order.
- Protecting your information: Where appropriate, we may anonymize, backup, and delete certain data.
We may use algorithms and other automated means to implement any of the above.
Whenever we process your data for one of these purposes, we have determined that one or more of the following lawful bases apply:
- Performance of a contract;
- Legitimate commercial interest;
- Compliance with a legal obligation; or
If you require further information about the balancing test that FilmCrib has undertaken to justify its reliance on legitimate interest as a lawful basis of processing, see Section 15 for information on how to contact us.
5. With Whom We Share Your Data
We share data with third parties as follows:
- As you instruct: We may make your profile and videos available to others as you instruct in using our services. We may share your data with persons to whom you have granted account-level access.
- With your consent: We may share your data with third parties where we have obtained your express consent to do so.
- Authorized vendors: We may share your data with third-party vendors that help us operate our services, process orders, and comply with your instructions and our contractual obligations. This includes payment processors, content delivery networks (CDNs), cloud-based hosting services, monitoring services, email service providers, quality assurance and testing vendors, fraud and abuse prevention vendors, customer relations management (CRM) vendors, and shipment vendors.
- Advertising: We may share your data with advertising companies to display relevant ads to you, and to measure the effectiveness of those ads.
- Analytics: We may share your data with analytics providers which help us understand how customers are using our services. We may also share identifying analytics information with the hosts of webinars you attend, or users of your organization-administered account (see below for more details).
- Affiliates and advisors: We may share your data with our auditors and advisors for planning, financial reporting, accounting, auditing, tax filings, and legal compliance. We may share your data with our affiliates to the extent necessary to provide you with the services ordered.
- Certain legal situations: We may share your data where we believe disclosure is necessary to comply with a legal obligation or in connection with a corporate transaction as discussed in Section 6.
- Aggregated or anonymized information: We may publicly disclose non-personal aggregated or anonymized information such as our number of visitors and registered users.
We use reasonable efforts to vet vendors for their privacy and data security practices. We require that such vendors agree to protect the data we share.
You may create a FilmCrib account using an email address provided or assigned to you by an organization (such as your work email address). If the organization establishes a direct relationship with us, they may, with prior notice, convert your personal account to become part of the organization's account.
This means the organization may:
- Access information about your account activity;
- Take control of the account, including any content whether uploaded before or after the date that the organization converts your account to the organization's account; and/or
- Delete your account.
If you sign up for a FilmCrib account using an email address issued to you by an organization, FilmCrib may share your personal information (e.g., name, email address) with such organization. If you do not want an organization to access or otherwise control an account, use a personal email address and do not use an organizational email address when creating an account.
6. Legal and Safety-Related Disclosures
We may disclose your data in response to official requests (e.g., court orders, subpoenas, search warrants, national security requests, etc.) ("requests") that we receive from government authorities or parties to legal proceedings.
We handle Australian requests in accordance with Australia law. If the request originates from a foreign jurisdiction, we will typically disclose information where we in good faith believe that disclosure is permitted by both Australian law and local law. In all cases, we may raise or waive any legal objection or right available to us, in our sole discretion.
We may disclose user data where we reasonably believe that someone's life is at risk. For example, if we become aware of a person threatening to commit suicide, we may share that person's data with appropriate entities that may have the ability to help.
We may disclose user data to report suspected crimes. We report content suspected of exploiting minors to the National Center for Missing and Exploited Children (NCMEC) along with the data identifying the uploading user.
We may disclose user data in situations involving legal claims against us or one of our users. If you submit a Digital Millennium Copyright Act (DMCA) or other takedown notice, we may share that notice with the affected user. If you challenge such a notice, we may share your response with the complainant.
7. Data Retention
We retain your data for as long as you have an account. When you close an account, we will delete its content, including its videos. We may retain logs of automatically collected information (for internal analytics and security purposes); your email address; your tax information; communications with you; and your transactional information (for auditing, tax, and financial purposes). When we no longer have a business reason for retaining data, we will delete or anonymize it.
We retain deleted videos on our servers for a short period in case you wish to reverse deletion. Once we delete a video, we may not be able to recover it. If you have previously made a video public, the video or its thumbnail may be discoverable in a search engine's cache for a time. We have no control over search engines; however, we will, upon request, send a request for deletion to major search engines.
If we receive legal process pertaining to your account, we will retain your data for as long as we in good faith believe is necessary to comply with the legal process. Similarly, if we believe that your account has been involved in wrongdoing, we may preserve your data to defend or assert our rights.
8. Your Privacy Choices
We enable you to make numerous choices about your data:
- You may choose not to provide us with certain information. For example, you may choose not to create an account or not to provide optional account information.
- You may change your account and video privacy settings. See Section 9 for more details.
- You may change or correct information voluntarily submitted to us. We encourage you to keep your data current by viewing your settings page.
- You may opt out of receiving commercial emails from us. [email protected]
- You may backup your videos.
- You may close your account (which will delete all videos) or delete certain videos.
Users in certain jurisdictions may have additional rights. See Section 14 for more details.
9. Account and Video Privacy Settings
As part of our services we offer you the ability to limit the distribution of your content, including your videos. This section explains some of your choices.
Some of our online subscription plans enable you to "hide" your profile or otherwise make it inaccessible on our website. Your profile will, however, remain accessible to persons who have access to your account or content.
Some of our subscription plans enable you to grant account-level access rights to others. Persons with such access ("Team Members") may be able to see and potentially alter your data. You may revoke or downgrade Team Member access at any time.
We enable you to manage the privacy settings of your videos. On FilmCrib.io, for example, your options, which depend on your subscription plan, may include:
- Public: Your video will be publicly-available.
- Private: Your video will be available to you and authorized Team Members.
- Unlisted: Your video will be available to anyone who has the unique URL.
- Password: Your video may be accessed by anyone who enters the password you have set.
- Hide from FilmCrib: Your video will be private, but embeddable anywhere.
You may change a video's privacy settings at any time. Changes will be applied on a go-forward basis.
You may create a sharable link to your video for the purpose of sharing your video with others or embedding your video on a third-party website (including your own). Creating such a sharable link will override your privacy settings and will allow anyone who enters the link in a browser to view your video without restriction. Similarly, embedding your video on a publicly-available website will allow the public to view your video regardless of your privacy settings.
You should exercise caution in granting access to others (whether through link sharing or passwords). Once you have granted access to someone else, you lose a degree of control over the distribution of your video as those persons may share the password and/or link with other people.
Regardless of your profile or video privacy settings, FilmCrib reserves the right to inspect them for compliance with its Terms of Service to provide customer support, or to address technical issues.
10. Communications from Us
If you create an account, you may receive commercial emails from us. This includes newsletters and offers. You may always opt out from receiving commercial messages in your account settings. Please note that any opt-out request may take several weeks to process, and you will continue to receive transactional emails from us (e.g., emails confirming transactions and/or providing information about your account).
Mobile Device Communications
We may, with your consent, send push notifications in our apps. You may disable these by declining them or changing the app's settings. To the extent provided, we may, with your consent, send SMS messages to your mobile telephone for authentication and security purposes. You may opt out of receiving such messages at any time.
11. Protecting Your Information
We use physical, technical, and organizational security measures to safeguard your data from unauthorized or accidental disclosure. Despite these efforts, no information system can be 100% secure, so we cannot guarantee the absolute security of your information. Users also have a role to play in keeping their data safe. We encourage you to use a unique and hard-to-guess password for your account and to not share it with others. You should only grant access rights to people who you know and trust, and, even then, you should be careful in granting all access rights. You should monitor your account regularly. If you believe that someone has gained access to your account without your permission, please contact us immediately so that we can investigate.
12. Your Responsibilities
13. Third-Party Services
14. International Data Transfers and Certain User Rights
14.1 Location of Data
FilmCrib is based in the Australia. We provide services globally using computer systems, servers, and databases located in the U.S. and other countries. When you use our services from outside of the Australia, your information may be transferred to and processed in the Australia. Please note that Australia data and privacy laws may not be as comprehensive as those in your country. Residents of certain countries may be subject to additional protections as set forth in Sections 14.2 and 14.3 below.
14.2 GDPR (EEA and UK Users)
This Section 14.2 applies only to natural persons residing in the European Economic Area and the United Kingdom (for the purpose of this section only, "you" or "your" shall be limited accordingly). It is FilmCrib's policy to comply with the EEA's General Data Protection Regulation (GDPR). In accordance with the GDPR, we may transfer your personal information from your home country to the U.S. (or other countries) based upon the following legal bases:
- Legitimate business interests: We could not provide our services or comply with our legal obligations without transferring your personal information to the U.S.
- Our use of Standard Contractual Clauses (also known as "Model Clauses") where appropriate.
You have the right to: opt out of non-essential cookies access, correct, delete, restrict, or object to our use of your personal information; be forgotten; port your data; and withdraw consents. We enable exercise of these rights primarily through our services (which we reserve the right to modify). For example, we allow users to change their information, download their videos, and close their accounts. We also fulfil our obligations in response to direct requests. We will endeavor to process requests within one month. Please note that we may not be able to comply with requests to the extent that they would cause us to violate any law or infringe any other person's rights. We reserve the right to request appropriate identification. We will process requests free of charge unless they would impose an unreasonable cost on us.
If you have a request, complaint or inquiry, please contact our Data Protection Officer at the address listed in Section 15. We are committed to working with you to obtain a fair resolution of any issue. You also have the right to file a complaint with the supervisory data protection authority of your jurisdiction.
14.3 California Users
Under California’s “Shine the Light” law, California residents have the right to opt out of disclosing information to third parties for the purpose of allowing such third parties to directly market their products and services. At this time, we do not engage in this type of disclosure.
Under the California Consumer Privacy Act (“CCPA”), California consumers have the following rights, which can be exercised directly or in certain cases, through an authorized agent:
Right to Know. You have the right to request information about the categories and sources of personal information we collect, our purposes for collecting the information, and the types of third parties that receive that information. In addition, you have the right to request a copy of your personal information. You may exercise this right once per 12-month period by contacting [email protected]
Right to Delete. You have the right to request that we delete some or all of the personal information that we have about you. Deleting all data will typically require the deletion of your account, along with all content, including your videos. Notwithstanding the foregoing, we may retain information to provide services you have ordered, complete transactions, honor opt-outs, prevent fraud, spam, and other abuse, comply with our legal obligations, cooperate with law enforcement, and to exercise and defend our rights.
Do Not Sell. You have the right to opt out of the sale of your personal information, and to request information about whether we have sold your personal information in the past 12 months. When you use our services, we may share your personal information with advertising partners in a way that may constitute a sale under the CCPA. You may opt out via the link provided on the relevant page or app. If we do not provide an opt-out mechanism, it is because we do not believe in good faith that your personal information is being sold.
Non-Discrimination. We won’t discriminate against you because you exercise any rights herein.
To exercise your rights to know and delete, we must be able to verify your identity as the owner of the FilmCrib account you are inquiring about. We may not be able to fulfill your request until we can do so. In general, we verify identity by confirming that you are the owner of the email address associated with the account. An authorized agent submitting a request on your behalf must also have access to the email address associated with the account, along with sufficient evidence that you have authorized that person to submit the request on your behalf. Although you need not have a FilmCrib account to submit a request, we may not be able to locate certain information to process your request if you don’t have one.
14.4 Nevada Users
15. How to Contact Us
For any questions, inquiries, or complaints relating to your privacy, please contact us at:
Rogue Star Pictures Pty Ltd
Trading as FilmCrib
ACN 618 440 350
Date of last revision: 2 May, 2022