Last updated on March 8, 2018
After-School Film School, LLC, a Delaware limited liability company (“ASFS”, “we”, “us”, or “our”), is pleased to offer you AFTER-SCHOOL FILM SCHOOL™, a paid online subscription service that allows you to access content provided by us, our licensors, and/or our third party contractors (“Service”). This Agreement (“Agreement”) is a binding contract between you and ASFS which governs the use of the Service. The Service is only for your own personal use. You may not use the Service for any commercial purpose or in any way not expressly permitted by this Agreement. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SERVICE BECAUSE IT CONSTITUTES A BINDING LEGAL AGREEMENT BETWEEN YOU AND ASFS.
THE SERVICE IS NOT INTENDED FOR USE BY ANYONE UNDER THE AGE OF 13. IF YOU ARE UNDER THE AGE OF 13, YOU MAY NOT USE THE SERVICE OR PROVIDE ASFS WITH ANY PERSONALLY IDENTIFIABLE INFORMATION. If you are 13 or older but under the age of 18, you represent that you have reviewed these terms and conditions with your parent or legal guardian and that you and your parent or guardian understand and consent to these terms and conditions. If you are a parent or guardian permitting a person under the age of 18 (“Minor”) to use the Service, you agree to: (i) supervise the Minor’s use of the Service; (ii) assume all risks associated with the Minor’s use of the Service, including the transmission of content to and from third parties via the Internet; (iii) assume any liability resulting from the Minor’s use of the Service; (iv) ensure the accuracy and truthfulness of all information submitted by the Minor; and (v) assume responsibility and are bound by this Agreement for the Minor’s access and use of the Service.
ASFS may modify this Agreement from time to time. If we change this Agreement, we will update the Effective Date listed above. If you continue to access or use the Service after such modification, you will be deemed to have read, understood and unconditionally agreed to such changes.
1.1 Grant of License
Subject to the terms and conditions of this Agreement, ASFS hereby grants to you, and you accept, a limited, personal, nonexclusive, nontransferable and revocable license to use the Service only as authorized in this Agreement. Your access to the Service is licensed, not sold. All references to the Service includes all related content, such as video, music, text, pictures, graphics, user interfaces, scripts, and software used to implement and provide access to the Service, and any updates, upgrades, enhancements, modifications, revisions, or additions to the Service made available to end users by ASFS. However, ASFS is under no obligation to provide any updates, upgrades, enhancements, modifications, revisions, or additions to the Service.
(i) You may not reverse engineer, copy, decompile, disassemble, derive the source code of, modify, adapt, capture, reproduce, publicly display, publicly perform, transfer, sell, license, create derivative works from or based upon, republish, upload, edit, post, transmit, distribute, broadcast exploit, circumvent, or otherwise translate (or encourage or assist any other person to do any of the foregoing) the Service or its content in whole or in part. You may not transmit, distribute, or broadcast any content included or accessible from the Service without our prior written consent unless we make the content available for distribution through a function on our Service, such as a social media plugin.
(ii) You may not use the Service for any purpose that is unlawful or prohibited by this Agreement. You are specifically prohibited from using the Service to share, publish, or otherwise include content that (a) violates any third party’s rights, including privacy and intellectual property rights; (b) is obscene, abusive, threatening, defamatory, violent, illegal, hateful, discriminatory, racist, sexist, or otherwise objectionable (as determined in our sole discretion) or in non-conformance with ASFS’s content or use guidelines; or (c) contains viruses or other harmful software, code, or other means that impact or limit the Service or the devices running the Service.
(iii) You may not interfere or attempt to interfere with the operation or use of the Service by others in any way through any means or device, including but not limited to spamming, hacking, uploading computer viruses or time bombs, or any other means. You may not, using the Service, collect or harvest personal information, including but not limited to account names and contact information. You may not impersonate or pretend to be anyone else but you, including without limitation, by creating fraudulent or spoof accounts, or using someone else’s image without their consent.
(iv) You may not use any robot, spider, script, or any manual or automated program or other means to extract, download, index, create multiple accounts, frame, enclose, mine, scrape, reproduce, or circumvent the presentation, operation, or intended use of any feature, function, or part of the Service.
(v) You may not use the Service to make any unsolicited offers, request, advertisements, or spam.
(vi) If the Service permits you to post or submit content, you may not submit, share, or post content that is (a) not yours or content that you do not otherwise have the right to post (i.e., pictures that you find on the Internet or photos of or including another individual who has not consented to you posting it); (b) pornographic, nude, partially nude, or sexually suggestive content; (c) content depicting illegal conduct or activities; or (d) content that includes any person other than yourself unless you have secured all necessary rights and licenses to do so, and in no circumstance, submit content including any other person under 13 years of age without the minor’s parent’s consent.
(vii) If the Service allows you to submit reviews, you may not submit any fake or fabricated reviews. Any reviews by you will be genuine and will represent your own personal experiences. You warrant that you have not been offered any payment or other incentive to write a review.
(viii) The ability to download or stream contents from the Service may be available to you only in your resident country and not available in any other location. If subject to such territorial restrictions, either imposed by ASFS or content provider, you agree not to access or use or attempt to access or use the Service from outside of your resident country. ASFS may use technologies to verify such compliance.
2. INTELLECTUAL PROPERTY, LICENSES
You acknowledge that the Service is proprietary to ASFS and its licensors, and protected under applicable copyright, patent, trademark, and trade secret laws. You further acknowledge and agree that, as between you and ASFS, ASFS owns and shall continue to own all right, title, and interest in and to the Service, including associated intellectual property rights under the above referenced applicable laws. This Agreement does not grant you any ownership interest in or to the Service, but only a limited license to use that is revocable in accordance with the terms of this Agreement. Notwithstanding the foregoing, we do not claim ownership of any content that you may post or submit on the Service. You represent and warrant that you have secured (and are able to produce proof in writing) of any and all rights necessary and appropriate to submit the content on the Service, including all necessary releases. You do however grant us a perpetual, worldwide, unrestricted, non-exclusive, royalty-free, transferable license to use the content that you post or submit on the Service. Nothing in these Terms gives you a right to reproduce, copy, imitate, distribute, sell, broadcast, license, or otherwise use any of ASFS’s trademarks, logos, domain names, and other distinctive brand features in whole or in part.
2.2 Right to Modify, Suspend, or Discontinue Service
ASFS reserves the right to change the Service without notice. Without limiting the generality of the foregoing, and notwithstanding any other provision of this Agreement, ASFS and its licensors reserve the right to modify, suspend, remove, or disable your access to the Service or content, or discontinue the Service, in whole or in part, at any time without notice for any reason, and in no event shall ASFS be liable for any claims, costs, or damages caused by or arising out of such actions.
2.3 Right to Monitor
We may, but have no obligation to monitor your use of the Service, your accounts, content, and communications that we determine in our sole discretion violates this Agreement. ASFS reserves the right to gather data on Service usage including license key numbers, and other information deemed relevant, to ensure that the Service is being used in accordance with this Agreement. Any unauthorized use shall be considered by ASFS to be a violation of this Agreement. ASFS reserves the right to remedy violations immediately upon discovery, by charging the then current list price of unauthorized keys or access to the Service to the credit card or wireless carrier account used to make the original, authorized purchase, or by any other means necessary. You agree not to block, electronically or otherwise, the transmission of data required for compliance with this Agreement. Any blocking of data required for compliance under this Agreement is considered to be a violation of this Agreement and may result in immediate termination of your right to use the Service. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users.
2.4 Third Party Content
The Service includes software or other content licensed or distributed by third parties, and/or other third parties who license content and/or other services to us. Our agreements with these third parties may require ASFS to black-out and restrict the availability of and your access to certain content or services for periods of time. You agree that any third party that provides ASFS with such materials is hereby deemed an intended third party beneficiary of this Agreement and shall have the right to enforce any and all obligations of users of the Service under this Agreement to the same extent as if the third party provider were a party to this Agreement and in every respect, at law or in equity.
3. USE; CONTENT; INFORMATION
When you access the Service, you will be asked to create an account and provide certain information including, without limitation, a valid email address. You acknowledge and agree that you are solely responsible for the form, content, and accuracy of any content placed by you on the Service. Use of the Service will require your devices to have access or connection via mobile network or Internet (fees may apply), and may require updates or upgrades from time to time. Because use of the Service involves Internet access, your ability to use the Service may be affected by the reliability and performance of such system requirements. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. You also acknowledge that the Service will not be available in all countries or on all devices, and may be subject to restrictions imposed by your network carrier or Internet provider. You are solely responsible for any charges incurred from your network provider related to the use of the Service.
3.2 Third Party Services
Use of the Service may include or link to services provided by a third party service provider (“Third Party Services”). Your use of Third Party Services shall be solely between you and the third party, and subject to the applicable terms and conditions from such third party. ASFS hereby disclaims all responsibility and liability for your use of Third Party Services, including but not limited to the reliability or the performance of Third Party Services.
3.3 Objectionable Content
While ASFS will endeavor to ensure that all course content is suitable for audiences aged 13 and up, ASFS cannot guarantee whether its content will be acceptable to all persons. You understand that by using the Service, you (or other users who access the Service under your account) may encounter content that you may find to be offensive or objectionable. You agree to use the Service at your sole risk and that ASFS shall have no liability to you for content that you may find to be offensive or objectionable.
3.4 Your Account
3.5 Infringing Content
It is our policy to respond to notices of alleged copyright infringement, in compliance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. If you are a copyright owner or an agent thereof and believe that any posting or other content on the Service infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing:
• 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;
• Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address;
• 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
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our Copyright Agent for notice of claims of copyright infringement can be reached at:
After-School Film School, LLC
PO Box 3833
Wilmington, NC 28406
3.6 No Endorsement or Verification of Content
We do not endorse, promote, support, verify, or monitor any content submitted to the Service, or any opinion, recommendation, action, or advice provided in such content. Content types (e.g., genres, sub-genres, categories, and sub-categories) and descriptions, if provided, are provided for convenience purposes only, and you acknowledge and agree that ASFS does not guarantee their accuracy. We reserve the right to remove content without prior notice and for any reason in our sole discretion.
4. TERM; TERMINATION
4.1 Effective Date
This Agreement is effective upon your acceptance of the Agreement, or upon your downloading, accessing, or otherwise using the Service. The Service has no predetermined termination date and may continue until such time as ASFS decides to terminate the Service or when this Agreement is terminated consistent with the terms herein.
4.2 Termination by ASFS
If you fail, or ASFS reasonably suspects that you have failed to comply with any of the provisions of this Agreement, without limiting ASFS’s other rights and remedies, all of which are expressly reserved, at its sole discretion and without notice to you, ASFS may immediately discontinue your access to the Service and terminate this Agreement.
5. FEES; SUBSCRIPTIONS; AUTOMATIC RENEWALS
5.1 Subscription Charges
By providing a credit card or other payment method accepted by ASFS for your subscription to ASFS, you expressly agree that ASFS (including its partners or affiliates) is authorized to charge you a subscription fee, any other fees for additional services you may purchase from ASFS, and any applicable taxes in connection with your use of your subscription with the payment method. ASFS will not issue refunds based upon inaccuracies represented by you and by purchasing a subscription, you warrant that you are the authorized purchaser and that the billing information you provide to us is accurate. The subscription fee will be billed at the beginning of your subscription. If you elect to enter a payment plan, the subscription fee will be divided into monthly intervals as per your payment plan, and your payment method will be charged in such monthly intervals until the subscription fee is paid in full. You will be allowed to access ASFS as long as ASFS is available or until you cancel your subscription or the account or Service is otherwise suspended or discontinued pursuant to this Agreement. You are responsible for the timely payment of all fees and costs and for providing ASFS with valid payment method or other account details for payment of all fees and related costs. All charges will be billed to the payment method you provide during the registration process. If you want to designate a different payment method or if there is a change in your account status, you must accurately update your payment account information. ASFS reserves the right to change prices for the Service at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering.
We want you to be satisfied with your purchase, but we also want you to give your best effort to apply all of the strategies in the course. ASFS offers a 60-Day 100% Money Back Guarantee (“Guarantee”) on the Service. To qualify for a refund under the Guarantee, you must contact our support team at email@example.com by the 60th day from purchase at 11:59 pm EST to submit a refund request along with proof that you did the work in the course and it did not work for you. Please note, if you select the monthly payment option we are not able to stop payments without a refund request and coursework being submitted by that 60th day. If you request a refund and do not include your coursework by the 60th day, you will not be granted a refund. ASFS will have the right to reject any request for a refund under the Guarantee if the requirements are not met, under ASFS’s sole discretion.
The work that you need to submit with your request for a refund includes ALL of the following items, as described in the course:
• Your story outline.
• A complete first draft of your script, with a beginning, middle and end, based on your outline.
• At least one re-write of that script, consisting of no less than ten substantive changes (in other words, spelling, grammar and punctuation changes don’t count).
• Complete storyboards of the script.
• Script breakdowns (including props, characters, locations breakdowns and possibly more, depending on your script).
• A shot list based on, and in conjunction with, the storyboards.
• Your shoot schedule, based on & in conjunction with the shot list.
• A casting flyer or other physical auditions announcement.
• Your director’s script analysis.
• Your crew list.
• At least one call sheet, if the shoot is scheduled to span two or more days.
• Your completed Recap Self-Questionnaire.
• Raw, unedited footage, including at least three takes of one shot setup.
• Your complete, edited short film/video, of at least one minute duration and including dialogue, sound effects, ambient sounds, and alterations in color, contrast and sharpness.
Other than as outlined above with respect to the Guarantee, REFUNDS WILL NOT BE PROVIDED FOR ANY CANCELLED SUBSCRIPTION. ASFS DOES NOT PROVIDE CREDIT, REFUNDS, OR PRORATED BILLING FOR SUBSCRIPTIONS THAT ARE CANCELLED. Should you cancel your account, you will no longer have access to the Service. If you are on payment plan for your subscription and discontinue payments before completing the payments, you will no longer have access to the Service. ASFS reserves the right to issue refunds or credits at our sole discretion. If we choose to issue a refund or credit, ASFS is under no obligation to issue the same or a similar refund in the future.
You will indemnify, release and hold harmless ASFS, its parent, subsidiaries and affiliates, and all officers, directors, agents and employees thereof, and any party acting on ASFS’s behalf, from and against any and all third party claims, actions, liabilities, losses, damages, judgments, costs and expenses, including reasonable attorneys’ fees (collectively, “Claims”) arising out of (i) any use of the Service by you or by any person that you allow to use the Service that is not in accordance to the terms of this Agreement, (ii) any breach of this Agreement by you or by any person that you allow to use the Service or (iii) any violation of any laws, regulations or the rights of any third party by you or by any person that you allow to use the Service.
7.1 Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS”, “WHERE IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND. ASFS AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OR GUARANTEES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, AND SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
WITHOUT LIMITING THE PREVIOUS DISCLAIMER, ASFS AND ITS LICENSORS DO NOT REPRESENT, WARRANT OR GUARANTEE THAT THE SERVICE OR THE CONTENT THEREIN WILL (i) OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE MANNER, (ii) WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS OR ERRORS (iii) WILL BE SECURE OR IMMUNE (INCLUDING THE CONTENT DELIVERED TO YOU OR THE INFORMATION YOU PROVIDED) FROM UNAUTHORIZED ACCESS OR (iv) WILL BE ACCURATE, COMPLETE, OR RELIABLE, THAT THE QUALIFY OF THE SERVICE WILL BE SATISFACTORY TO YOU, OR THAT ERRORS WILL BE CORRECTED.
7.2 Disclaimer of Certain Damages
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ASFS OR ITS LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF ASFS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, NEGLIGENCE, PERSONAL INJURY, PRODUCT LIABILITY, INFRINGEMENT, OR ANY OTHER THEORY REGARDLESS OF WHETHER OR NOT ASFS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS THAT YOU HEREBY WAIVE ANY AND ALL RIGHTS TO ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS FROM ASFS AND ITS LICENSORS. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT ASFS WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. WE SHALL NOT BE LIABLE FOR ANY LOSS OF DATA, BREACH OF SECURITY ASSOCIATED WITH THE SERVICE, OR FOR ANY CONTENT, VIDEO, OR COMMUNICATIONS ON THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SAME, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. SHOULD YOU CHOOSE TO COMMUNICATE OR MEET DIRECTLY WITH OTHER USERS OF THE SERVICE, WE ARE NOT RESPONSIBLE FOR THOSE COMMUNICATIONS OR ANY MEETINGS THAT MAY TAKE PLACE BETWEEN YOU AND OTHER USERS. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE SERVICE, TERMINATION OF YOUR USE OF THE SERVICE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
When using the Service and/or the information provided by the Service, please be aware of your surroundings and act safely. You agree that your use of the Service and using the information provided by the Service is at your own risk, and it is your responsibility to maintain such health, liability, hazard, personal injury, medical, life, and other insurance policies as you deem reasonably necessary for any injuries that you may incur while using the Service. You also agree not to use the Service to violate any applicable law, rule, or regulation (including but not limited to the laws of trespass), and you agree not to encourage or enable any other individual to violate any applicable law, rule, or regulation. Without limiting the foregoing, you agree that in conjunction with your use of the Service, you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, will not impersonate any other person or misrepresent your affiliation, title, or authority, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. To the extent permitted by applicable law, ASFS disclaims all liability related to any property damage, personal injury, or death that may occur during your use of our Service, including any claims based on the violation of any applicable law, rule, or regulation or your alleged negligence or other tort liability.
9. GENERAL TERMS
9.1 Choice of Law
This Agreement, including all revisions and amendments thereto, is governed by and construed in accordance with the laws of North Carolina, without regard to its conflict or choice of law principles.
You agree and consent to the exclusive jurisdiction of the state or federal courts located in New Hanover County, North Carolina, and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that ASFS may elect, in its sole discretion, to litigate the action in the county or state where any breach occurred or where you can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Service or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
9.3 Breach of Agreement and Liquidated Damages
You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for ASFS to pursue legal action to enforce this Agreement, you will be liable to pay ASFS the following amounts as liquidated damages, which you accept as reasonable estimates of ASFS’s damages for the specified breaches of this Agreement:
a. If you display, copy, duplicate, reproduce, sell, re-sell, or exploit for any purpose any Content in violation of this Agreement, you agree to pay Ten Thousand Dollars ($10,000.00).
b. If you use computer programming routines that are intended to aggregate records or reviews from the Service or otherwise damage, interfere with, disrupt, impair, disable, or otherwise overburden the Service, you agree to pay One Hundred Dollars ($100.00) for each record that is aggregated, disrupted, damaged, or otherwise affected.
c. Except as set forth in the foregoing subparagraphs (a) and (b), inclusive, you agree to pay the actual damages suffered by ASFS, including, but not limited to loss of revenue, attorneys’ fees, and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, ASFS reserves the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.
If any term or provision of this Agreement is held to be void or unenforceable by any judicial or administrative authority, such determination shall not affect the validity of enforceability of the remaining terms and provisions of this Agreement. The remaining provisions of this Agreement shall remain in effect and shall be construed in accordance with its terms.
Sections 1.2, 2, 5, 6 and 8 of this Agreement, and any other provision that by its nature should continue to be in effect, shall survive the expiration or earlier termination of this Agreement, and shall remain valid and binding.
The headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement.
9.7 No Waiver
The failure of ASFS to enforce at any time any of the provisions of this Agreement, or the failure by ASFS to require at any time performance by you of any of the provisions of this Agreement, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of ASFS to enforce such provision thereafter. The express waiver by ASFS of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
9.8 Third Party Sites
9.9 Entire Agreement
This Agreement governs your use of the Service and constitutes the entire agreement between you and ASFS. It supersedes any prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between you and ASFS regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties. You represent and warrant that those third party agreements do not interfere with your obligations and duties to ASFS under this Agreement.