SPARKE FILMS WEBSITE TERMS AND CONDITIONS

Please take the time to read these terms and conditions.  By using Our Website and the Services and information offered on Our Website, you are agreeing to these terms and conditions.

If you purchase products or services through our website, there will be additional terms and conditions relating to the purchase.  Please make sure you agree with these terms and conditions, which you will be directed to read prior to making your purchase.

Definitions

Services mean screenwriting feedback services, creation of various production development and production schedules including cashflows and budgets.

the Website means the website www.sparkefilms.net

We / Us / Our etc. means Sparke films as a business unit of SPARKE FILMS Pty Ltd and any subsidiaries, affiliates, employees, officers, agents, or assigns.

Our Services

We offer remote consultancy and contracting services to review, edit and provide feedback on your screenplay or screen writing. We offer further services of creating cashflow schedules and/or full production budgets. This site is to provide you with information about our business.  The nature of the information is to describe the scope of our services.  Only you can determine if Our services are what you require.

Accuracy of content

We have taken proper care and precautions to ensure that the information we provide on this Website is accurate.  However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website or on any linked site.

The information contained on this Website should not take the place of professional advice. 

Use

The Website is made available for your use on your acceptance and compliance with these terms and conditions.  By using this Website, you are agreeing to these terms and conditions.

You agree that you will use this website in accordance with all applicable local, state, national and international laws, rules and regulations.

You agree that you will not use, nor will you allow or authorise any third party to use, the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with the Website or the Services. 

If you contribute to our forum (if any) or make any public comments on this Website which are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or which conflict with the Website or the Services offered, then we may at our discretion, refuse to publish such comments and/or remove them from the Website.

We reserve the right to refuse or terminate service to anyone at any time without notice or reason.

Business Consumers Only

The website has been designed and created to meet some of the needs of small to medium-sized businesses and individual authors who have developed an original screen play or film script that they wish to have reviewed from an independent company with experience in screen writing and film directing as per the show reel and examples provided on our site.

Passwords and logins

You are responsible for maintaining the confidentiality of your passwords and login details and for all activities carried out under your password and login, if these are required for your use on our website..

Indemnification for loss or damage

You agree to indemnify Us and hold Us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this Website or the Services or information offered on this Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.

Intellectual property and copyrights

We and our affiliates hold the copyright and Trademark to the content of this Website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the Website or in connection with the Services. You must not use or replicate our copyright material other than as permitted by law.  Specifically, you must not use or replicate our copyright material for commercial purposes unless expressly agreed to by Us, in which case we may require you to sign a Licence Agreement. 

If you wish to use content, images or other of our intellectual property, you should submit your request to us at the following email address [email protected]

When you provide us a copy of your manuscript, screen play or film script you retain your intellectual property rights.  You allow us a non-exclusive, royalty-free license to read, review, comment and amend your intellectual property.

Confidentiality of Literary Works

The Confidential Information to be disclosed can be described as and includes all literary works.

We, the Recipient, shall limit disclosure of Confidential Information within its own organization to its directors, officers, partners, members, employees and/or independent contractors (collectively referred to as “affiliates”) having a need to know. We and Our affiliates will not disclose the confidential information obtained from the discloser unless required to do so by law.

This Agreement imposes no obligation upon Recipient with respect to any Confidential Information (a) that was in Our possession before receipt from You, the “Discloser”; (b) is or becomes a matter of public knowledge through no fault of Ours; (c) is rightfully received by Us from a third party not owing a duty of confidentiality to the You; (d) is disclosed without a duty of confidentiality to a third party by, or with the authorization of, You; or (e) is independently derived by Us.

This Agreement states the entire agreement between the parties concerning the disclosure of Confidential Information. Any addition or modification to this Agreement must be made in writing and signed by the parties.

It is understood that the You, the Discloser of the confidential information, may not be the owner of the intellectual property, however they have been retained as the authorized representative to disclose the agreed confidential information. We acknowledge this authorization.

If any of the provisions of this Agreement are found to be unenforceable, the remainder shall be enforced as fully as possible, and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the agreement as a whole.

We will return all files at the end of any program project or meeting.  We may not keep any files as a copy unless otherwise agreed in writing.

Trademarks

The trademarks and logos contained on this Website are trademarks that are licensed to Let It Be Entertainment Pty Ltd.  Use of these trademarks is strictly prohibited except with Our express, written consent.

Links to external websites

This Website may contain links that direct you outside of this Website.  These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked website, its contents or any associated website, product or service.  We accept no liability for loss or damage arising out of or in connection to your use of these sites. 

You may link to our articles or home page.  However, you should not provide a link which suggests any association, approval, or endorsement on our part in respect to your website, unless we have expressly agreed in writing.  We may withdraw our consent to you linking to our site at any time by notice to you.

Limitation of Liability

We take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Services.  Statements made are by way of general comment only and you should satisfy yourself as to their accuracy.  Further, all our Services are provided without a warranty with the exception of any warranties provided by law.  We are not liable for any damages whatsoever, incurred because of or relating to the use of the Website or our Services.

Information Collection

Use of information you have provided us with, or that we have collected and retained relating to your use of the Website and/or our Services, is governed by our Privacy Policy.  By using this Website and the Services associated with this Website, you are agreeing to the Privacy Policy.

Confidentiality

All personal information you give us will be dealt with in a confidential manner in accordance with our Privacy Policy.  However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information.

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Queensland, Australia.  Any disputes concerning this website are to be resolved by the courts having jurisdiction in Queensland, Australia.

We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.