Terms and Conditions

This GTC is entered into force on 1.11.2020.

FILMMAKERS, DISTRIBUTORS AND FILM PROFESSIONALS

1. PURPOSE

The present general terms and conditions (hereinafter referred to as ’GTC’) specify all of the terms of sale and use of the Film Moon service provided by:
name: Filmandlive Media Kft.
registration number: 01-09-353028
registered seat: 1123 Budapest, Alkotás utca 41.
address: 1123 Budapest, Alkotás utca 41.
Court of registry: Metropolitan Court of Registration
Tax number: 27305119-2-43
e-mail address: info@filmmoon.com
represented by: Dániel Deák
Hereinafter referred to as: Film Moon 

Publisher of the website: Amazon.com, Inc.
registered seat: 410 Terry Avenue North Seattle, WA 98109 United States

You can find more information about Amazon Web Services’ security practices.
The Amazon Web Services privacy policy is available here https://aws.amazon.com/compliance/eu-data-protection

 

2. ACCEPTANCE OF TERMS

2.1. Overview

2.1.1. The following general terms and conditions govern all use after registration by you as a Filmmaker (as defined below) or other Film Professional (as defined below, hereinafter Filmmaker and Film Professional together referred to as: User) a) on Film Moon website b) regarding any and all services available on or through the Site or otherwise provided by Film Moon in connection with festivals, events and contests listed on the Site, and (c) in relation to all Software (as defined below) (collectively, the "Services"). 

2.1.2. Your registration on the website and use of the functions of the Film Moon services can be fulfilled only with the confirmation of your unreserved acceptance of the present GTC and all other operating rules, policies and procedures that may be published from time to time on the Site by Film Moon. When registering, you agree to all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the site by Film Moon. 

Without accepting this GTC you cannot use the services.

2.2. Modification

Film Moon reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this GTC at any time. You shall be notified of the above change by e-mail sent to your provided e-mail address no later than fifteen (15) days before the planned modification takes effect. Moreover after the modification takes effect you shall accept the modified GTC to be able to use our service. 
If any change to this GTC is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services. 


2.3. Language

We may translate this Terms of Service, our Privacy Policy or any other operating rules, policies and procedures that may be published from time to time on the Site into other languages for your convenience. The English language version of each of these documents is the version that governs your use of the Services and in the event of any conflict between the English language version and a translated version, the English language version shall prevail.


3. DESCRIPTION OF THE SERVICE PROVIDED BY FILM MOON

Film Moon, a platform that guides you through the film festival universe. Film Moon provides a simple and quick means for registered users who are film festivals, events or contests ("Festivals") to collect submissions or creative works and payments, sell tickets and registrations (or issue free registrations). It is a database of film festivals to show detailed and validated information on festival data, such as programme, audience, awards. Film Moon will draw the map of festivals, showing the place and significance of each film event around the globe. Moreover, directors, producers can use Film Moon as a guide designing the festival route for their artworks. With its ever-expanding database, filmmakers can browse through the relevant events.
Film Moon only acts as intermediary to make your material available to the Festival, it does not constitute use under applicable copyright law.  


4. YOUR USE OF THE SERVICES

4.1. The Services

Film Moon hereby grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely for the purposes of browsing the Site, and searching for, viewing, and interacting with, a festival that is registered on the Site, in each case (i) in compliance with this GTC, and (ii) to the extent permitted under all applicable laws and regulations (foreign and domestic). By using the Services you consent to Film Moon acting as an agent for the Festival. 
Use of the service is free of charge during the initial promotion period.

4.2. Software

If you are allowed to use any Software in connection with the Services, Film Moon hereby grants you a personal, non-transferable, non-sublicensable, revocable, non-exclusive license to use the Software solely for your internal use in connection with the Services, and only in accordance with this GTC and the written instructions/directions (if any) provided by Film Moon in conjunction with the Software. For purposes of this GTC, "Software" shall mean any and all software that is available on or through the Site or otherwise provided by Film Moon. For clarity, the Software will be deemed a part of the "Services" hereunder.
The Software and the transmission of applicable data is subject to Regulation (EU) 2016/679 of the European Parliament and of the Council (hereinafter referred to as: GDPR). You shall also be responsible for using the Software in a manner that complies with all laws and the rules and regulations.


5. REGISTRATION 

5.1. How to register

In order to access some features (e.g. submit your film to a festival), you will have to create a Film Moon account. When creating your account you have to provide your name, e-mail address and generate a password. You have to accept the GTC and the Privacy Policy to be able to sign up. After signing up with your e-mail address you can access the Services as a registered user right away. If you sign up with email, you will receive an e-mail from Film Moon. If you receive an email about a Film Moon account that you did not create, you can remove your email address by clicking remove my e-mail address in the e-mail sent by Film Moon. You can also register with your Facebook account. If you register with Facebook, you'll be prompted to log into your Facebook account if you're currently logged out. 


5.2. Your registration obligations

To be a registered user of the Services, whether as a Filmmaker or other film professional, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Film Moon has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Film Moon has the right to suspend or terminate all of your accounts and refuse any and all of your current or future use of the Services (or any portion thereof). Film Moon is concerned about the safety and privacy of all its users, particularly children. For this reason, you must be at least 18 years of age, or the legal age of majority where you reside if that jurisdiction has an older age of majority, to register for an account.


5.3 Account, password and security

As part of the Site registration process, you will create a password and account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify Film Moon of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You can configure automatic logout in your account. Film Moon cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account. 


6. CONTENT

6.1. Site Content

You agree that all material, including without limitation information, data, software, text, design elements, graphics, layouts, images and other content (collectively, "Content"), contained in or delivered via the Services or otherwise made available by Film Moon in connection with the Services (collectively, "Site Content") is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. Film Moon may own the Site Content or portions of the Site Content may be made available to Film Moon through arrangements with third parties. Except as expressly authorized by Film Moon in writing or in connection with your use of the intended functionality of the Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other web site or in a networked computer environment for any purpose. In connection with your use of the Service, you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. Reproducing, copying or distributing any Site Content for any other purpose is strictly prohibited without the express prior written permission of Film Moon. You shall use the Site Content only for purposes that are permitted by this GTC and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.


6.2. Your content

6.2.1. You acknowledge and agree that if you contribute, provide or make available any Content to the Site ("Your Content"), you hereby grant to Film Moon a non-exclusive, worldwide, perpetual, royalty-free, transferable right and license to use, distribute, transfer, display and otherwise provide Your Content to any festivals or events to which you specifically choose to submit Your Content via Film Moon. Your use of the Film Moon site and services does not grant us or any third parties any ownership to your intellectual property. You retain copyright and all ownership to your work. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, and (ii) complies with all applicable laws and regulations (foreign and domestic). Film Moon reserves the right to remove any of Your Content from the Site at any time if Film Moon believes in its sole discretion that it does not comply with this GTC. Film Moon IT professionals use the latest technological system in order to secure your content made available to the Site. 

6.2.2. In addition, Film Moon is entitled to use scenes from your film without territorial restriction, not exlusively, only for purposes regarding the promotion of the Film Moon Services based on your prior written agreement for an indefintie period of time from the effective date of your agreement. The use by Film Moon includes only the following: Film Moon’s right to transmit a scene or a variation of scenes from your film that you preliminary agreed on to the public in a way in which the members of the public can determine individually the time and place of access. After your account has been deactivated Film Moon shall have the right for the aforementioned use for additional 60 days from the date of your deactivation. 

6.2.3. Moreover, Film Moon may use your name, poster, title and project name for the purpose of identifying you as an existing or past customer of Film Moon both on the Site and in marketing and promotional materials.

6.2.4. Your acceptance of this GTC shall be deemed as your explicit statement that you waive your right to receive remuneration for the use of your work in accordance with Point 6.2.2 and 6.2.3.

6.3. Claim this movie

If you are the rightholder of a film available in our database by clicking ‘Yes, I’m the rightholder’ button placed on the Site, you can manage the film’s profile from that point on. This is only available for registered users.

6.4. Upload conditions (available soon)

You represent and warrant that you have (and will continue to have during your use of the Services) all necessary licenses, rights, consents, and permissions regarding your film uploaded to Film Moon which are required to enable Film Moon to use your submissions for the purposes contemplated by the Website and these Terms.
You understand and agree that you are solely responsible for your own uploads and the consequences of posting or publishing them. 
Film Moon does not endorse any uploads or any opinion, recommendation, or advice expressed therein, and Film Moon expressly disclaims any and all liability in connection with uploads.
Film Moon reserves the right (but shall have no obligation) to decide whether the film uploaded comply with the content requirements set out in these Terms and may remove such films and/or terminate your access for uploading which is in violation of these Terms at any time, without prior notice and at its sole discretion.
You remain as the owner of the materials uploaded to the Film Moon website. Film Moon will not make public the contents of the materials uploaded by you to the website. Film Moon will make available your materials to Festivals. Film Moon staff and service partners may review all material but may not make them publicly available without your consent.
A film uploaded to Film Moon will be stored on the website for a minimum 2 months as long as it has not been sent. A film uploaded that has been sent to a Festival, will be stored for a minimum of 6 months after the last Festival it was sent to.

7. NOTICE AND TAKE DOWN PROCEDURE

7.1. We support the protection of your reputation and the protection of your intellectual property rights. We do not edit, pre-vet or review any third party material displayed on this website. We operate a notice and take down procedure regarding such material. We have established the procedures below to report any items that you believe defame you or constitute copyright or trademark infringement.

7.2. Upon receipt of appropriate notification as set forth herein, where we deem it appropriate, we will take down or disable access to the material that is claimed to be infringing. Please be aware that providing false or misleading information in the notification of claim may result in civil and/or criminal liability.

7.3. Notice and Procedure for Making Claims of Copyright or Trademark Infringement
Note: the following information is provided exclusively for notifying us that your copyrighted material or your trademark may have been infringed. All other inquiries will not receive a response through this process.
If you believe that your copyright or trademrk has been infringed on this website, please: https://filmmoon.com/contact 
To be effective, the notification must include the following:
1. The proprietor's name, residence address or registered office, phone number and electronic mail address;
2. Identification of the copyrighted work or trademark claimed to have been infringed
3. 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 us to locate the material;
4. A statement that you have 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; and
5. A statement that the information in the notification is accurate, and where applicable, the proprietor's authorization fixed in a private document with full probative force or in an authentic instrument and issued to his representative for attending the "notice and take down" procedures shall also be attached with the notification.

8. CONDUCT

8.1. Certain Restrictions

8.1.1. Whether you are using the Services as a Filmmaker or other Film Professional, you understand that you are solely liable for all Content, in whatever form, that you provide or otherwise make available to or through the Services, including to Festivals, Filmmakers and other Film Professionals. 

8.1.2. You agree not to use the Services to: 

− upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

− harm minors in any way;

− facilitate gambling, gaming, lotteries, raffles, sweepstakes and/or any other activity featuring the award of a prize other than contests conducted in a manner that complies in all respects with Film Moon’s Contests Guidelines;

− impersonate any person or entity, including, but not limited to, a Film Moon representative or forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;

− forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;

− upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

− upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person or entity;

− upload, post, email, transmit or otherwise make available any Content related to the sale or provision of goods and services other than the sale or provision of submissions and registrations to events listed on the Site and other goods and services being sold or provided in conjunction with such events;

− upload, post, email, transmit or otherwise make available any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to otherwise interact with the Services in a manner not permitted by this GTC or expressly authorized by Film Moon;

− interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;

− intentionally or unintentionally violate any applicable law or regulation (foreign or domestic); or

− stalk or otherwise harass any person or entity.

8.1.3. Notwithstanding the foregoing, you shall not and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce or otherwise create derivatives of any part of the Services or Site Content (as defined above); (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (iii) rent, lease, resell, distribute or use the Services for timesharing, service bureau, or commercial purposes; (iv) remove or alter any proprietary notices or labels on or in the Services or Site Content; (v) engage in any activity that interferes with or disrupts the Services; or (vi) engage in any fraudulent activity or activity that facilitates fraud. 

8.2. Certain Remedial Rights

Whether you are using the Services as a Filmmaker or other film professional, you acknowledge that Film Moon does not pre-screen any Content provided or made available by you or any third party in connection with the Services, but that Film Moon and its designees shall have the right (but not the obligation) in their sole discretion to (i) monitor, alter, edit, or remove any of your Content, in whole or in part, and/or (ii) rescind and terminate your right to use the Services at any time (with or without notice) for any reason or no reason. You acknowledge and agree that Film Moon may preserve Your Content and may also disclose Your Content for any reason, including without limitation if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this GTC; (c) respond to claims that any of Your Content violates the rights of third parties; and/or (d) protect the rights, property, or personal safety of Film Moon, its users and/or the public. You understand that the technical processing and transmission of the Services, including Your Content, may involve (i) transmissions over various networks; and/or (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

9. DEACTIVATION POLICY

In accordance with Point 7 of this GTC Film Moon shall be entitled to bar you from using Film Moon Services either temporarily or permanently, if you do not adhere to the standard of the platform defined above. Moreover if you violate these Terms, Film Moon may terminate or cancel your access rights to the Site without notice. Film Moon may also block your use of the Site or direct you to cease using it. Upon deleting your account the datas entered by you on your Film Moon account will be stored anonymised for 6 months on our own servers for statistical purposes.

10. SERVICE MODIFICATIONS/SUSPENSIONS

Film Moon reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason or no reason with or without notice. You agree that Film Moon shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

11. TERMINATION

11.1. Duration

Users are registered for the Film Moon Service for an unlimited period.

11.2. Consumer

According to the Hungarian Civil Code ‘consumer’ shall mean any natural person acting for purposes which are outside their trade, business or profession;

11.2.1. Users who do not qualify as consumers

If you are a user who does not qualify as a consumer, you are entitled to terminate your registration for the Film Moon Service at any time. Go to account settings and click to delete my account. You have to type your name in to confirm that you wish to delete your account. Upon deleting your account the datas entered by you on your Film Moon account will be stored anonymised for 6 months on our own servers for statistical purposes.

11.2.2. Users who qualify as consumers

If you are a user who qualifies as a customer the following regulations shall prevail:

11.2.2.1. Right of withdrawal

According to the 45/2014. (II. 26.) Government Decree you shall be entitled to withdraw from the contract without giving reasons within 14 days from the date of concluding the contract (i.e from the confirmation of the order by Film Moon). If you wish to exercise your right of withdrawal, you shall send a clear statement of your intention of withdrawal to Film Moon by e-mail or via post to the address of Film Moon defined in point 1.
You may exercise your right of withdrawal by using the template declaration or by means of a clear statement. The right of withdrawal shall be deemed to be valid if you submit the statement before the expiry of the 14-day deadline.
The right of withdrawal can only be exercised by Users who qualify as consumers defined in Point 11.2. Business organizations (enterprises) do not have the right of withdrawal under the applicable legislation.

11.2.2.2. Termination

If the Service defined in Point 3 has been provided to you, you shall have the right to terminate without reasoning within 14 days from the date of conclusion of the contract.

12. LINKS

The Services may provide, or third parties may provide, links to other Internet websites or resources. Because Film Moon has no control over such websites and resources, you acknowledge and agree that Film Moon is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services

13. LIMITATION OF LIABILITY

13.2. You agree that Film Moon shall not be liable for any loss or damage whatsoever arising directly or indirectly from or in any way connected with the Services or your use of or reliance upon the Content or any information you obtain by means of the Services, or any submission you have with a Festival through your use of Film Moon, including, without limitation, damage for loss of profits, loss of business, or any other consequential or pecuniary loss, personal rights, privacy or copyright.

13.3. You acknowledge that Film Moon has no control over and does not guarantee the quality, safety or legality of events and festivals advertised, the truth or accuracy of any users' (including filmmakers', other film professionals' and festivals') content or listings, or the ability of any user (including filmmakers, other film professionals and festivals) to perform, or actually complete a transaction or other materials on or available from such websites or resources. 

14. DISCLAIMER OF WARRANTIES

14.2. Film Moon has an obligation of best efforts in supplying the Film Moon Service to you. Consequently it undertakes to do everything necessary to ensure that the Service functions with as little interruption as possible and with the best transit time and download rate.

14.3. However, due to the nature of the internet, Film Moon cannot guarantee:
• that the Service will be available 24/7;
• optimum functioning of the Service with all existing and future computer configurations
14.4. To ensure high-quality service, Film Moon reserves the right to carry out maintenance, updates and technical interventions which may result in an interruption of access to the Service.

14.5. Film Moon undertakes to limit the number and duration of these interruptions, but in any case the resulting downtime of the service cannot be deemed to be periods during which Film Moon does not meet its obligations.

14.6. Film Moon provides access to the Website on an as is basis and therefore does not guarantee that it will fully meet your expectations, or that the errors, defects or malfunctions that may occur will result in corrections or modifications.

14.7. Film Moon does not provide any other guarantee other than those stipulated herein.

14.8. While respecting its legal obligations, Film Moon cannot be held liable for any direct or indirect damage that may arise (i) from use or the impossibility of using the Website, its functions, the information or Content stored on it, in particular regarding the storage and transmission of Film Files to the Festivals; (ii) from breach of the present General Terms of Use; (iii) following unauthorized access to the Website by you; (iv) due to the conduct of a third party on the Website, or (v) from any other issues related to the Website.

14.9. In particular, Film Moon cannot be held liable for the direct or indirect damage suffered by you or by third parties due to the information and results produced by use of the functions, software tools or online services made available on the Website.

14.10. You undertake to guarantee, compensate and hold harmless Film Moon against any expenses and direct or indirect damage, as well as any sentences imposed on Film Moon due to action taken against it by third parties resulting from your actions in connection with use of the Service.

15. INDEMNITY

You agree to indemnify Film Moon, its employees, contractual partners for any damages incurred as a result of or in connection with your breach of this GTC or your breach of applicable law or the rights of third persons.  

16. PRIVACY

All information provided by you or collected by Film Moon in connection with the Services is governed by Film Moon's Privacy Policy, a copy of which is located at https://Film Moon.com/page/privacy-policy, which is hereby incorporated by reference into this GTC. Film Moon strongly recommends that you review the Privacy Policy closely, your registration can be fulfilled only by accepting Film Moon’s Privacy Policy. Further, any information submitted or provided by you to the Services may be publicly accessible. Film Moon shall not be responsible for protecting any such information and is not liable for the protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use. Please be aware that if you decide to disclose personally identifiable information on the Services, this information may become public. Film Moon does not control and shall not be responsible for the acts of you or any other users (whether Festivals, Filmmakers, other film professionals or otherwise) of the Services.

17. NOTICE

17.2. Complaints related to the use of the Website may be sent to the address of Film Moon specified in point 1.

17.3. Film Moon investigates the oral complaint immediately and remedies it if necessary.

17.4. If you do not agree with the handling of your complaint or it is not possible to investigate the complaint immediately Film Moon shall promptly write a report of the complaint and provide its point of view regarding it. Film Moon shall send a copy to the complainant with the substantive reply at the latest, but no later than 30 days. When a complaint is communicated by telephone Film Moon assigns an identification number to it.

17.5. The report written on the complaint shall include the following:
a) The name and adress of the complainant
b) Place, date of the complaint and how it was filed
c) detailed description of the complaint
d) a statement by Film Moon of its viewpoint on the complaint, if an immediate investigation of the complaint is possible,
e) signature of the registrar
f) date and place of the report 
g) in case of a complaint taken via telephone the identification number of the complainant


17.6. Film Moon shall respond to the complaint in writing within 30 days of its receipt and arrange for its communication

17.7. Film Moon shall keep the record of the complaint and a copy of the response for five years and present it to the audit authority upon request. If the complaint is rejected, Film Moon shall provide information in writing as to which authority or conciliation body the User may initiate.

17.8. The user who qualifies as a consumer finds its right to be violated shall be entitled to file a complaint with the district office competent according to the user’s place of residence, as the consumer protection authority or the Conciliation Body attached to the professional chamber competent according to the user’s place of residence or Film Moon’s registered office. Film Moon is obliged to cooperate in the conciliation board proceedings.

17.9. Contact details for the district offices can be found https://filmmoon.com/contact

17.10. Contact details of the Conciliation Board operating next to the Budapest Chamber of Commerce and Industry:
Address: 1016 Budapest, Krisztina krt. 99. III. em. 310.
E-mail address: bekelteto.testulet@bkik.hu 
Phone number: 06 (1) 488 21 31 
17.11. The contact details of the conciliation bodies in each county can be found here.

17.12. Online dispute resolution https://filmmoon.com/contact 

17.13. In the event of a complaint about an online service, you can initiate an out-of-court settlement of your dispute through a platform set up by the European Commission. You can submit your complaint on the online dispute resolution platform by filling out the form. It is advisable to attach to the form any document that supports your complaint.

18. TRADEMARK INFORMATION

The trademarks, service marks, and logos of Film Moon (the " Film Moon Trademarks") used and displayed in connection with the Services are registered and unregistered trademarks or service marks of Film Moon. Other company, product, and service names used in connection with the Services may be trademarks owned by third parties (the "Third Party Trademarks", and, collectively with Film Moon Trademarks, the "Trademarks"). The offering of the Services shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of Film Moon specific for each such use. The Trademarks may not be used to disparage Film Moon, any third party or Film Moon's or third party's products or services, or in any manner (in Film Moon 's sole judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless Film Moon approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any Film Moon Trademark shall insure to Film Moon’s benefit.

19. FORCE MAJEURE

19.2. Neither you nor Film Moon can be held liable if the performance of the present GTC is delayed or prevented due to a case of force majeure or a fortuitous event, due to the other Party, a third party or circumstances outside their control such as industrial disputes, intervention by civil or military authorities, natural disasters, fire, water damage or poor functioning or interruption of the telecommunications network or the electricity network.

19.3. A case of force majeure is deemed to be any event outside the control of the affected Party, that is unforeseeable, irresistible and insurmountable, and prevents one of the Parties from carrying out all or part of its obligations under the present Contract.

19.4. In all cases, the affected Party must do everything in its power to limit the duration and effects of the fortuitous event, case of force majeure or circumstances outside its control.

19.5. If the event lasts for more than two months, the present GTC will be automatically terminated.

19.6. You agree that at the time of accepting of this GTC, both you and Film Moon are aware of the COVID epidemic and the restrictive measures taken by the authorities until the date of the conclusion of this GTC, and you undertake to perform your obligations set forth in this GTC taking into consideration these facts and risks. For the sake of clarity, it is stated that the COVID epidemic itself does not exempt you or Film Moon from the legal consequences of non-performance.

20. MISCELLANEOUS PROVISIONS

20.2. Entire Agreement

This GTC constitutes the entire agreement between you and Film Moon and governs your use of the Services as a Filmmaker or other film professional, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and Film Moon on the subject matter hereof. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party Content, third party software or the Services in a manner other than as governed by this GTC.

20.3. Language

The language of this GTC is English, the contracts do not qualify as written contracts and are not registered. Contracts are concluded electronically. Film Moon has not complied with the Code of Conduct.

20.4. Choice of Law

This GTC are governed by Hungarian Law. In matters not regulated in these GTC, Act V of 2013 on the Civil Code, Act CVIII of 2011 on Certain Issues of Electronic Commerce Services and Services Related to the Information Society. 45/2014 on the detailed rules of contracts between the consumer and the business. (II.26.) Of the Government Decree shall apply.
20.5. Dispute resolution
Film Moon and the User, who qualifies as a consumer shall settle the disputes primarily by amicable means. If this fails, the jurisdiction of the Hungarian courts is stipulated. Film Moon and the user who does not qualify as a consumer stipulate the jurisdiction of the Buda Central District Court for lawsuits within the jurisdiction of the district court. In the case of litigation falling within the jurisdiction of the General Court, the jurisdiction of the General Court of Székesfehérvár is stipulated.

20.6. Waiver

The failure or delay of Film Moon to exercise or enforce any right or provision of this GTC shall not constitute a waiver of such right or provision. No oral waiver, amendment or modification shall be effective under any circumstance whatsoever.

20.7. Invalid Provisions

If any provision of this GTC is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this GTC shall remain in full force and effect.

If any question arises in connection with present GTC, you can contact Film Moon via info@filmmoon.com

This GTC is entered into force on 1.11.2020.