Terms of Use

Use of this web site constitutes acceptance of the Terms of Use.

Welcome to WRECKAMOVIE.COM, an online collaborative film community by Star Wreck Studios Oy. Ltd. In order to complete registration, create your own Production project or participate in community AV production on this site, Users of the Site (“Users”) must indicate that they have read and agreed to the Terms of Use. Please read these Terms carefully.

WRECKAMOVIE.COM provides services for producing and participating in collaborative AV (Audio Visual) production. To participate, you must agree to certain terms whether you are one who is responsible for a film production in WRECKAMOVIE.COM (a Production Leader), simply a User in the system participating directly in productions or simply enjoying being a part of the community as a registered or unregistered WRECKAMOVIE.COM user. This includes agreement of service usage terms with STAR WRECK STUDIOS for use and the facilitation of commercial agreements among all parties including other users, Film Fund Sponsors and STAR WRECK STUDIOS.

Star Wreck Studios considers all AV productions in the system as “Films”. They can be any length and on any format. This includes but is not limited to documentaries, Internet short films, mobile films, music videos, personal videos, short films and animations.

AS A WRECKAMOVIE.COM PRODUCTION LEADER ("Production Leader"), WRECKAMOVIE.COM services include but are not limited to services for managing an online collaborative AV projects, finding people to work on projects and provides aids in distribution, fundraising and licensing.

AS A WRECKAMOVIE.COM USER (USER), WRECKAMOVIE.COM offers a platform for people to find interesting collaborative film projects to be actively involved with in many different capacities. WRECKAMOVIE.COM also offers a place to watch content from the community.

A Film Fund Sponsor (SPONSOR) usually represents a corporate entity using the WRECKAMOVIE.COM service for funding a specific type of film of their choosing.

In this document Production Leaders, Users and Sponsors are collectively referred to as "Customers"

WRECKAMOVIE.COM is a SERVICE. STAR WRECK STUDIOS does not claim rights or responsibility for any information, content, files exchanged through this service. It is the responsibility of all Users, Sponsors and Production Leaders to agree and negotiate on content rights, payments, work, licensing and crediting that will be facilitated through the Service other than the right to display content loaded to the site and facilitate the communications between parties. STAR WRECK STUDIOS IS NOT RESPONSIBLE FOR ANY CLAIMS OR DISPUTES AMONG THE PARTIES USING THE SERVICE.

STAR WRECK STUDIOS and the WRECKAMOVIE.COM Web site helps to build communities, relationships and agreements between users and film productions of all types. Services are offered on this site to facilitate these communications, collaboration and negotiation within this marketplace. Although many of our services are free to use, STAR WRECK STUDIOS takes varying commissions and fees on some types of services that facilitate agreements between production leaders, sponsors and users. These fees are defined within each individual agreement based on the type and amount of the agreement.

STAR WRECK STUDIOS provides a service for Users, Sponsors and Production Leaders to easily agree on work, content usage, funding and other resource needs taking a fee for the offering of the service and communication facilitation during the A/V production process. STAR WRECK STUDIOS IS NOT A LAW FIRM AND DOES NOT CLAIM IT IS ACTING AS ONE. ANY AGREEMENTS BETWEEN PARTIES FACILITATED BY THE WRECKAMOVIE.COM WEBSITE DOES NOT CONSTITUTE LEGAL ADVICE. BY SIGNING ANY CONTRACT YOU ARE AFFIRMING THAT YOU HAVE SOUGHT INDEPENDENT LEGAL ADVICE PRIOR TO SIGNING OR AGREEING TO ACCEPT ANY AGREEMENT.

Productions in WRECKAMOVIE.COM are set up by Productions Leaders with the understanding they have full legal rights to represent the AV production, develop ideas and make decisions on its development, production and licensing.

Users participating in productions recognize that Productions may commercially use all materials and ideas submitted to the production royalty-free unless otherwise agreed with the Production Leader or terms specified in the chosen license type of the Production.

In WRECKAMOVIE.COM a Production Leader can specify their intention to release the film under a specific license type:

Creative Commons Share and Share-a-like: The Production Leader intends to provide the film content for free download and remix including for commercial use

Creative Commons Non-commercial: The Production Leader intends to provide the final film for non-commercial free download and viewing.

All Rights Reserved: The Production Leader will release the film under commercial terms or has not yet chosen a Creative Commons license.

The intention to use a specific license is a changeable commitment and the disclosure of a plan by the Production Leader. All users should understand that in business and film production, plans change. PLEASE NOTE THAT PRODUCTION LEADERS ARE NOT LEGALLY COMMITTED TO RELEASING UNDER THE SPECIFIED LICENSE BUT ARE RESPONSIBLE FOR ALL CLEARING, LEGAL WORK AND COMMUNICATION THAT A LICENSE OR CHANGE IN LICENSE INTENTION REQUIRES WHEN FINALLY RELEASING A PRODUCTION. Users and Production Leaders are responsible for understanding the type of production release so that they know how their work, content and commitment to the production are being used. STAR WRECK STUDIOS is not responsible for a Production Leader’s choice to change the production type before, during or after the release of a production nor is it responsible for any aspects for the productions content or agreements on commercial or other use.

Copyright Complaints

If you believe that any material on the WRECKAMOVIE.COM Web Site violates any copyright or similar right which you own or control, you may send a written notification of such infringement to our Designated Agent as set forth below: Name of Agent Designated to Receive Notification of Claimed Infringement: Herkko Hietanen, Turre Legal, World Trade Center, Aleksanterinkatu 17, 6th floor, 00100 Helsinki Finland

Full Address of Designated Agent to Which Notification Should be Sent: Herkko Hietanen, Turre Legal, World Trade Center, Aleksanterinkatu 17, 6th floor 00100 Helsinki Finland

E-Mail Address of Designated Agent: herkko.hietanen at turre.com

To meet the notice requirements under the Digital Millennium Copyright Act (DMCA), the notification must consist of a written communication that includes the following:

A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

B. 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;

C. 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;

D. Information reasonably sufficient to permit us 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;

E. 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; and

F. 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.

Maintaining the Integrity of the Community

STAR WRECK STUDIOS believes that the WRECKAMOVIE.COM Web Site should be a positive, creative environment for creation, connection, and collaboration among its Users.

STAR WRECK STUDIOS reserves the right without prior notice to Users to remove material (including, but not limited to photos, video, audio, text, files, User submissions, User profiles, and User accounts) from the WRECKAMOVIE.COM Web Site because it is harmful, threatening, abusive, harassing, vulgar, obscene, hateful or pornographic.

Customers’ Agreement not to use the WRECKAMOVIE.COM Web Site for certain purposes:

Customers agree not to use the WRECKAMOVIE.COM Web Site to upload, post, email, transmit or otherwise make available any content that STAR WRECK STUDIOS, in its sole discretion, deems to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, pornographic, libelous, or otherwise objectionable; upload any content that infringes upon any patent, trademark, trade secret, copyright or other proprietary rights of any party, or User Submissions that Users do not have a right to make available under applicable law or any contractual or fiduciary relationships; impersonate any person or entity, or falsely state or otherwise misrepresent themselves or their affiliation with any person or entity; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or commercial solicitation except for the legitimate and lawful solicitation of collaborative partners, or the legitimate promotion of creative talent as determined by STAR WRECK STUDIOS, in its sole discretion; send unsolicited email advertisements to WRECKAMOVIE.COM Web Site User email addresses; upload, post, email, transmit or otherwise make available any material 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; intimidate or harass another User; or, use or attempt to use another User’s account, service or system without prior written authorization from STAR WRECK STUDIOS OY, or create a false identity on the WRECKAMOVIE.COM Web Site.

Children Under Age 13

Children under age 13 are not permitted to register for the WRECKAMOVIE.COM Web Site. STAR WRECK STUDIOS does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the WRECKAMOVIE.COM Web Site. If you are under 13, please do not register for the WRECKAMOVIE.COM Web Site send any information about yourself to STAR WRECK STUDIOS , including your name, address, telephone number, or email address. No one under age 13 is allowed to provide any personal information to or on the WRECKAMOVIE.COM Web Site. In the event that STAR WRECK STUDIOS learns that it has collected personal information from a child under age 13, without verification of parental consent, STAR WRECK STUDIOS will delete that information as quickly as possible. If you believe that STAR WRECK STUDIOS might have any information from or about a child under 13, please contact us at inquire@starwreckstudios.com.

Children Between the Ages of 13 and 18

STAR WRECK STUDIOS recommends that minors over the age of 13 ask their parents for permission before sending any information about themselves to anyone over the Internet.

Delivery, Production and Use of Service

1. Production of Service. STAR WRECK STUDIOS is entitled to produce the Service as it considers feasible, either itself or using a subcontractor, and to make changes that affect the technology and, to a minor extent, the use of the Service. Unless otherwise required by mandatory legislation or official orders, STAR WRECK STUDIOS is entitled to cease production of the Service or any feature of the Service that is not considered crucial. In this case, STAR WRECK STUDIOS is entitled to terminate the contract to the extent associated with the ceased Service or feature by notifying the Customer. STAR WRECK STUDIOS is entitled to filter and restrict communications within the scope allowed by law or contract.

STAR WRECK STUDIOS is entitled to temporarily suspend provision of the Service or restrict its use if this is necessary due to information security or network construction or maintenance work. The suspension shall be carried out in a manner causing the least possible disturbance, and notification shall be provided at least 4 days in advance of the suspension if possible. STAR WRECK STUDIOS is not responsible for the contents of third-party audio/visual content or documentation and does not provide any guarantee against legal errors in the licensed content.

2. Responsibility for use of the Service and unauthorized use of the Service. The Customer is responsible for any material provided through the Service. The Customer must use the Service in a manner that does not cause damage to STAR WRECK STUDIOS or any third party. The Customer is particularly responsible for ensuring that any material provided by the Customer or material provided through the Customer’s Service does not cause any disturbance to the network or other users, does not endanger information security or usability, and does not infringe copyrights or other rights or violate good morals, the law or official regulations.

If STAR WRECK STUDIOS receives proof through a court decision, an official authority or a third party, or otherwise becomes aware that the Customer’s Service has been used without authorization or that it is used to distribute illegal material or material violating the contract, STAR WRECK STUDIOS is entitled to prevent the use of the Customer’s Service and terminate the Customer’s Service without hearing the Customer. STAR WRECK STUDIOS shall endeavor to notify the Customer appropriately of any actions taken. The Customer undertakes to store any identifiers (such as user ID and password) carefully and attend to information security. The Customer is obliged to implement all reasonable measures to store the identifiers and the Service safely and separate from each other in order to prevent the Service from falling into the possession or use of outsiders.

The Customer shall be responsible for unauthorized use of the Service until STAR WRECK STUDIOS has received said notification only if unauthorized use of the Service is due to the Customer’s negligence that is not considered minor.

Customer Information and Its Use

1. Provision of information. Before the Service is opened to the Customer, the Customer must provide STAR WRECK STUDIOS with the information requested by it for the Service, the Customer must immediately notify STAR WRECK STUDIOS of any changes in his/her information. The Customer is the only one authorized to use the specified account once it is opened as they are the only ones who have accepted the terms of this agreement.

2. Use of information. STAR WRECK STUDIOS DOES NOT SELL INDIVIDUAL USER PERSONAL INFORMATION. Information in STAR WRECK STUDIOS’ Customer registers is processed for purposes such as internal customer relationship management and marketing in accordance with the currently valid description of file concerning the customer register. Requests for access in accordance with the Personal Data Act must be submitted to STAR WRECK STUDIOS customer service in writing and signed. The Customer is entitled to prohibit STAR WRECK STUDIOS from using and disclosing his/her personal data for direct advertising, distance selling, other direct marketing, market research or opinion polls (but we are not doing it anyway).

3. Non-Personal Statistics and Data. One way Star Wreck Studios helps Production Leaders fund their A/V Productions is the WRECKAMOVIE.COM Film Fund. As a part of these funds, non-personal data and basic demographic information including but not limited to search words, average age, numbers of males and females, tags, groups and levels of participation are tracked and provided to Sponsors and Production Leaders for use in film funding decisions. ALL USERS MUST TAKE NOTICE THAT IF THEY PARTICIPATE IN A PRODUCTION THAT IS LOOKING FOR OR HAS RECEIVED FILM FUND MONEY FROM A SPONSOR, THE DATA ABOUT THEIR ACTIVITY IS BEING ANNONOMUSLY COMPILED AND PROVIDED AS A PART OF STATISTICAL COUNTS TO THE SPONSOR THROUGHOUT THE ACTIVE LIFE OF THE PRODUCTION ON THE WRECKAMOVIE.COM WEBSITE.

Fees payable for the Service. The Customer shall pay STAR WRECK STUDIOS fees for the Service and its use in accordance with the price list or contract and at terms of payment specified by STAR WRECK STUDIOS. Using the Service requires prepayment for the Service by credit card or other method specified by STAR WRECK STUDIOS. Information about invoicing methods currently offered by STAR WRECK STUDIOS and its co-operation partners is available on STAR WRECK STUDIOS’ Web site. STAR WRECK STUDIOS and its co-operation partners may make changes to the offered invoicing methods and replace them with new ones.

Customer’s right to request closing of the Service. STAR WRECK STUDIOS shall close the Service at the Customer’s request for a fixed term or until further notice. Closing and reopening of the Service are subject to a fee according to the price list. STAR WRECK STUDIOS’ right to close the Service. STAR WRECK STUDIOS is entitled to terminate the Customer’s access to the service if:

1 in spite of STAR WRECK STUDIOS’ request, the Customer continues to violate the terms and conditions of the contract,

2 competent authority requests closing.

Disclaimers

STAR WRECK STUDIOS is not responsible for any incorrect or inaccurate content on the WRECKAMOVIE.COM Web Site, User Submission or any other User-generated material posted on the WRECKAMOVIE.COM Web Site or in connection with the WRECKAMOVIE.COM Web Site, whether posted or caused by Users of the WRECKAMOVIE.COM Web Site, or by any of the equipment or programming associated with or utilized in the WRECKAMOVIE.COM Web Site. STAR WRECK STUDIOS is not responsible for the conduct, whether online or offline, of any User of the WRECKAMOVIE.COM Web Site. The WRECKAMOVIE.COM Web Site may be temporarily unavailable from time to time for maintenance or other reasons. STAR WRECK STUDIOS assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, unauthorized access to, or alteration of User communications. STAR WRECK STUDIOS is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to Users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the WRECKAMOVIE.COM Web Site. Under no circumstances will STAR WRECK STUDIOS be responsible for any loss or damage, including, but not limited to, personal injury or death, resulting from anyone’s use or viewing of the WRECKAMOVIE.COM Web Site, any User Submissions or any other User-generated material posted on or through the WRECKAMOVIE.COM Web Site or transmitted to Users, or any interactions between Users of the WRECKAMOVIE.COM Web Site, whether online or offline. THE WRECKAMOVIE.COM WEB SITE, ITS CONTENT, USER SUBMISSIONS AND ANY USER-GENERATED MATERIAL ARE PROVIDED “AS-IS” WITHOUT WARRANTIES OF ANY KIND AND STAR WRECK STUDIOS DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. STAR WRECK STUDIOS CANNOT PROMISE GUARANTEE AND DOES NOT PROMISE OR GUARANTEE ANY SPECIFIC RESULTS FROM USE OF THE WRECKAMOVIE.COM WEB SITE. Applicable law may not allow exclusion of certain or all implied warranties, so the foregoing may not apply to you in some respects.

Limitation on Liability

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL STAR WRECK STUDIOS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE STAR WRECK STUDIOS WEB SITE OR THE SERVICE, EVEN IF STAR WRECK STUDIOS IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, STAR WRECK STUDIOS ’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF: (A) THE AMOUNT PAID, IF ANY, BY YOU TO STAR WRECK STUDIOS FOR THE SERVICE DURING THE TERM OF MEMBERSHIP; AND (B) ONE HUNDRED EUROS (100€). USERS WILL NOT HOLD STAR WRECK STUDIOS RESPONSIBLE FOR OTHER USERS’ ACTIONS OR INACTIONS, INCLUDING FILES OR INFORMATION UPLOADED TO THE WRECKAMOVIE.COM WEB SITE. YOU ACKNOWLEDGE THAT THE WRECKAMOVIE.COM WEB SITE IS A VENUE TO ALLOW THE EXCHANGE OF FILES AND INFORMATION FOR THE PURPOSES OF COLLABORATION. STAR WRECK STUDIOS IS NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN BUYERS AND SELLERS OF FILES EXCHANGED USING THE WRECKAMOVIE.COM WEB SITE SESSION INTERFACE. STAR WRECK STUDIOS HAS NO CONTROL OVER, DOES NOT GUARANTEE, AND DISCLAIMS ANY AND ALL LIABILITY FOR THE QUALITY OF SERVICES ADVERTISED OR FILES EXCHANGED, THE TRUTH OR ACCURACY OF PROFILES OR OFFERS FOR SERVICES, THE ABILITY OF BUYERS TO PAY FOR FILES EXCHANGED, THE TERMS OF AGREEMENT AND ALL CONSEQUENCES THEREOF BETWEEN BUYERS AND SELLERS, OR THAT A BUYER OR SELLER WILL ACTUALLY COMPLETE A TRANSACTION.

WE DO NOT TRANSFER LEGAL OWNERSHIP OF ELECTRONIC FILES FROM THE SELLER TO THE BUYER. WE ARE NOT LIABLE FOR ANY LOSS OF MONEY, GOODWILL, OR REPUTATION, OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF THE WRECKAMOVIE.COM WEB SITE.

IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE STAR WRECK STUDIOS (AND ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

CERTAIN LAWS AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnity

You agree to indemnify and hold STAR WRECK STUDIOS, its subsidiaries and affiliates, and each of their owners, directors, officers, agents, contractors, partners, joint ventures and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorney’s fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of your use of the WRECKAMOVIE.COM Web Site (including, but not limited, the Services, User visits to or use of the WRECKAMOVIE.COM Web Site) in violation of these Terms of Use or your violation of any law or the rights of a third party.

Other

These Terms of Use together with any other policies of STAR WRECK STUDIOS posted by it on the WRECKAMOVIE.COM Web Site, constitute the entire agreement between you and STAR WRECK STUDIOS regarding the use of the WRECKAMOVIE.COM Web Site, superseding any prior agreements between you and STAR WRECK STUDIOS relating to your use of the WRECKAMOVIE.COM Web Site. The failure of STAR WRECK STUDIOS to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. STAR WRECK STUDIOS reserves the right to make changes to the WRECKAMOVIE.COM Web Site, policies, and these Terms of Use at any time. Changes take effect when they are posted on the WRECKAMOVIE.COM Web Site. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

The WRECKAMOVIE.COM Web Site and its contents are intended to comply with the laws and regulations in Finland. Other countries and jurisdiction may have laws, and regulatory requirements that differ from those in Finland. Any content, offer or service on the WRECKAMOVIE.COM Web Site is void where prohibited.

Governing Law

This Agreement is governed by Finnish law, excluding its conflict of laws rules. Any disputes arising from the interpretation of this contract shall be resolved in the District Court of Helsinki.