Terms & Conditions


OVERVIEW
SECTION 1 – ACCOUNTS
SECTION 2 – PROPRIETARY RIGHTS
SECTION 3 – DOWNLOADING MATERIALS
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
SECTION 5 – PRODUCTS OR SERVICES
SECTION 6 – TRACKING AND MONITORING
SECTION 7 – TRADEMARKS / SERVICE MARKS
SECTION 8 – THIRD-PARTY LINKS
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
SECTION 10 – TERMINATION BY FILM EDITING PRO
SECTION 11 – LIMITED LICENSE
SECTION 12 – WARRANTY DISCLAIMER
SECTION 13 – LIMITATIONS ON LIABILITY
SECTION 14 – TERRITORIAL RESTRICTIONS
SECTION 15 – INDEMNITY
SECTION 16 – GOVERNING LAW AND JURISDICTION
SECTION 17 – NO WAIVER
SECTION 18 – PAYMENT PLANS
SECTION 19 – CONTACT INFORMATION


 

OVERVIEW


Film Editing Pro (“Film Editing Pro” “FEP” “we” “us” or “our”) provides professional training solutions and downloadable footage, audio and exercise files (“Training Materials”) for emerging video editors using a unique teaching approach designed by industry professionals and makes certain Training Materials available to users via the Film Editing Pro Web Site (the “Site”) or platforms available from Film Editing Pro (the offering of services or Training Materials through the Site or other Film Editing Pro platforms are collectively referred to as the “Services”). Some Film Editing Pro Services are available to you for free, while others require that you create a User Account and pay a Fee for access. Access to and use of the Services, whether accessed with or without payment are subject to the terms and conditions of this Agreement.

By subscribing to the Services, creating a User Account and/or purchasing a product from us, you agree to the provisions of these Terms and Conditions and of the Film Editing Pro Privacy Policy, available at https://www.filmeditingpro.com/privacy (the “Privacy Policy”), which are all incorporated herein by reference. This Agreement and Privacy Policy include important legal information, including the exclusion of certain warranties and remedies. You are responsible for reviewing this Agreement and the Privacy Policy. The Film Editing Pro Terms and Conditions and Privacy Policy may be amended from time to time. Film Editing Pro will take steps to provide notice on the Site of changes to the Terms and Conditions and Privacy Policy. Amendments or changes to the Terms and Conditions or Privacy Policy will become effective at the earlier of your express agreement to the changes through a click-through or other electronic agreement or ten days from the date when the changes are posted. You are responsible for reviewing any changes to the Terms and Conditions or the Privacy Policy.

Any new features or tools which are added to the current Site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – ACCOUNTS


In order to obtain access to the Services, you must create a Film Editing Pro account (“User Account”) and pay the appropriate fees for access to the services you request. By creating a User Account, you represent and warrant the information you provide is accurate and complete. You may never use another’s account or share your User Account with others.

You are responsible for maintaining the security of your password and are solely responsible for the activity that occurs on your User Account. If you believe your User Account has been breached or used in any unauthorized manner, you must notify a Film Editing Pro representative immediately. Film Editing Pro is not responsible for any damage or losses caused by unauthorized use of your User Account. You, however, may be responsible to Film Editing Pro for any harm Film Editing Pro incurs due to unauthorized use of your Film Editing Pro User Account.

We reserve the right to refuse service to anyone for any reason at any time.

SECTION 2 – PROPRIETARY RIGHTS


All training materials, content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to or included on the Site are protected under applicable copyright, trademark, patent or other proprietary (including but not limited to intellectual property) rights.

The copying, modifying, distributing, transmitting, displaying, selling, licensing, using, publishing or creating derivative works by you of any such matters or any part of the Site, except as expressly allowed by the Agreement, is strictly prohibited. You do not acquire ownership rights to any Training Materials viewed through the Site, downloaded, or received via mail. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

SECTION 3 – DOWNLOADING MATERIALS


Film Editing Pro may make certain Training Materials available through download services operated by or in affiliation with Film Editing Pro. In order to access these Training Materials, you must agree to and comply with any end user license agreements or terms and conditions associated with the downloaded Training Materials as well as these Terms and Conditions.

Except as authorized by Film Editing Pro, you are not permitted to capture streamed videos or download videos from the Site in any manner that is not provided by Film Editing Pro.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES


Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES


Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Refund Policy.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – TRACKING AND MONITORING


Film Editing Pro implements technology and procedures to track usage of the Site and its Services, including tracking and monitoring associated with individual user accounts. In addition to other information collected, Film Editing Pro may track the number of videos viewed, time elapsed during viewing and other information related to content viewing activities.

By utilizing the Site and Services, you consent to tracking and monitoring of your use of the Site and Services. If Film Editing Pro determines, in its sole discretion, that you have engaged in any activities in breach of these Terms and Conditions or the Privacy Policy, Film Editing Pro may immediately terminate your account. You shall not be entitled to a refund for any fees paid. Film Editing Pro also reserves all legal rights, claims and causes of actions that it may have against you.

SECTION 7 – TRADEMARKS / SERVICE MARKS


FILM EDITING PRO, WWW.FILMEDITINGPRO.COM and our logo are trademarks and/or service marks of Film Editing Pro LLC. Other product and company names may be mentioned on the Site from time to time which may be trademarks or service marks of their respective owners. These trademarks and/or service marks may not be reproduced without the express written consent of the respective trademark or service mark owner.

SECTION 8 – THIRD-PARTY LINKS


Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS


If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – TERMINATION BY FILM EDITING PRO


Film Editing Pro may terminate your User Account with or without cause and without notice when terminated for cause. If you believe your User Account has been terminated in error, contact Film Editing Pro at support@filmeditingpro.com. For example, Film Editing Pro may terminate a User Account, if it determines you have provided others with access to Training Materials with your User Account.

If it is determined by Film Editing Pro, in its sole discretion, that your User Account was terminated in error, Film Editing Pro will return access to the Services on the Site. This shall be the sole and exclusive remedy available to you for any termination in error. If Film Editing Pro terminates your account for cause, determined at the sole discretion of Film Editing Pro, you will not receive a refund for any Fees paid to Film Editing Pro.

SECTION 11 – LIMITED LICENSE


By subscribing to the Services, Film Editing Pro grants you a limited, non-exclusive license to view the Training Materials via the Film Editing Pro web site. This license shall terminate immediately upon termination of your Services. Following termination of your User Account, you shall immediately destroy any Training Materials or other content obtained through the Services. The Training Materials are the sole and exclusive property of Film Editing Pro or the respective creators of the Training Materials. Nothing herein grants you any ownership rights in the Training Materials.

You are not authorized to:

  • Share your User Account with others (not applicable to group licenses);
  • Allow more than one individual to access a User Account (not applicable to group licenses);
  • Copy, modify, distribute, capture, or save locally any of the Training Materials;
  • Remove any copyright or proprietary notice included on or in any Training Materials;
  • Circumvent or attempt to circumvent any encryption, security code, or other protection used in connection with the Training Materials;
  • Use the Services for any unlawful purposes;
  • Capture screen shots of Training Materials; or
  • Make Training Materials available to others in any format.

As a service to our friends in the digital community, Film Editing Pro offers the opportunity to participate in our online forum where you can interact with and learn from others with like interests. While Film Editing Pro does not monitor content posted in the forums, please be advised that Film Editing Pro reserves the right to delete any message for any or no reason and to prohibit your access to the service. By posting text, images or other content (“Posted Content”) you hereby grant Film Editing Pro a perpetual, non-exclusive license to use the Posted Content in connection with the Site and Services. You further represent and warrant that the Posted Content does not infringe the intellectual property rights of any third party.

If you have reason to believe that a user has posted content that is obscene, pornographic, violates the intellectual property rights of a third party or otherwise violates the terms of this Agreement, you may contact Film Editing Pro at support@filmeditingpro.com to request removal of the content or use other procedures available through the forum to request removal. Requests for removal due to infringement of intellectual property rights must be directed to support@filmeditingpro.com and include the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (see 17 U.S.C 512(c)(3) for further details)

Representation of Ownership. Film Editing Pro represents and warrants that it is the sole and exclusive owner of the videos and tutorials included within the Training Materials (the “Content”), or otherwise holds sufficient rights in the Content to provide the Content to its users.

 

SECTION 12 – WARRANTY DISCLAIMER


EXPECT AS EXPRESSLY STATED OTHERWISE IN THE REPRESENTATION OF OWNERSHIP SECTION ABOVE, ALL MATERIALS FILMEDITINGPRO.COM PROVIDES ARE PROVIDED “AS IS”. FILMEDITINGPRO.COM DOES NOT WARRANT THAT TRAINING MATERIALS OR SERVICES PROVIDED IN CONNECTION THEREWITH WILL MEET YOUR REQUIREMENTS OR THAT THEIR OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE CONTENTS OF THE TRAINING MATERIALS ARE ACCURATE OR COMPLETE. FILMEDITINGPRO.COM MAKES NO WARRANTIES, EXPRESS, IMPLIED OR ARISING BY CUSTOM OR TRADE USAGE RELATING TO THE TRAINING MATERIALS OR RELATED SERVICES, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT PERMITTED BY APPLICABLE LAW.

SECTION 13 – LIMITATIONS ON LIABILITY


IN NO EVENT SHALL FILMEDITINGPRO.COM AND/OR ITS AFFILIATES, MEMBERS, AGENTS, EMPLOYEES, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY PUNITIVE, CONSEQUENTIAL, OR MULTIPLE DAMAGES OR LOST PROFITS OR OTHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING ANY DAMAGES RESULTING FROM LOSS OF BUSINESS ARISING OUT OF OR IN CONNECTION WITH THE TRAINING MATERIALS OR RELATED SERVICES, EVEN IF FILMEDITINGPRO.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES WERE FORESEEABLE. IN ANY EVENT, OTHER THAN BREACH OF FILMEDITINGPRO.COM’S BREACH OF ITS REPRESENTATION OF OWNERSHIP, FILMEDITINGPRO.COM’S AGGREGATE LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES SHALL BE LIMITED TO THE AMOUNT YOU HAVE PAID TO FILMEDITINGPRO.COM FOR THE THREE MONTHS PRECEDING ANY ACTION FILED.

SECTION 14 – TERRITORIAL RESTRICTIONS

 

The Services may not be available in certain territories due to certain national or international restrictions. By utilizing or subscribing to the Services, you represent and warrant that you are authorized under all applicable laws to access the Services

SECTION 15 – INDEMNITY


You agree to defend, indemnify and hold harmless Film Editing Pro, its managers, 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:

    1. your violation of this Agreement or Privacy Policy;
    2. your violation of any third party right, including without limitation any copyright, property, or privacy right; or
    3. any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive termination of this Agreement and your use of the Services.

 

SECTION 16 – GOVERNING LAW AND JURISDICTION

 

This Agreement shall be governed and construed according to the laws of the state of California, United States of America. By using the Services, you consent to the exclusive jurisdiction of the state and federal courts in Ventura County, California. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

SECTION 17 – NO WAIVER

 

No delay or failure to take action under this Agreement shall constitute waiver by Film Editing Pro of any provision of this Agreement or prevent Film Editing Pro from subsequently enforcing such provisions. The provisions of this Agreement are severable, and if any provision of this Agreement is determined to be invalid or unenforceable under any controlling body of law, such invalidity or non-enforceability shall not in any way affect the validity or enforceability of the remaining provisions.Again, you are responsible for reviewing the Film Editing Pro Terms and Conditions as well as the Film Editing Pro Privacy Policy. If you do not agree to any of the terms above or the Terms and Conditions or Privacy Policy, do not proceed with use of the Film Editing Pro web site, the Training Materials and do not access the Services.

 

SECTION 18 – PAYMENT PLANS


Users who choose to purchase access to a course by means of a payment plan option are required to complete all payments included in the plan.

Failure to do so will result in access to the course being removed until the delinquent payments are made.

 

SECTION 19 – CONTACT INFORMATION

 

For customer service questions e-mail Film Editing Pro at support@filmeditingpro.com. All e-mails will be answered within 48 hours. E-mails sent during holidays and weekends will be answered within 48 hours of the following business day.

 

FilmEditingPro.com
2470 Stearns St.
Simi Valley
CALIFORNIA (CA)
93063
United States
support@filmeditingpro.com