These Terms of Service govern your access to and use of FilmHoncho services, software and websites (“Services”), which is a product of eHoncho Limited (herein referred to as “FilmHoncho”) so please carefully read them before signing up.
These Terms govern your use and access to the Services. By using the Services you indicate your agreement to be bound by these Terms including when used on behalf of an organization and assumes that you have the authority to bind such organizations to the same Terms.
You must use the Services in compliance with the following Terms. You may only use FilmHoncho if you are legally able to form a contract with FilmHoncho and are not barred by any applicable laws from doing so.
The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may remove content from the Services at our discretion.
By using our Services you provide us with information, files, and folders that you submit to FilmHoncho (together, “Content”). You retain full ownership to your Content and we claim no ownership over any of it. These Terms do not give us any rights to your Content or intellectual property except for the limited rights required to run our Services, as explained below.
In order to host your files and share them as you request, we need permission to do things you ask with your Content. This includes providing certain features, support and technical administration in relation to our Services and this permission is required to extend to our third party service providers. You give us and our third party service providers permission to do these things with your Content in order to provide the Services.
Your conduct, the content of your files and your communications with others while using our Services is your sole responsibility.
FilmHoncho reserves the right to review Content for compliance with our community guidelines, but you accept that FilmHoncho has no obligation to monitor Content or other information on the Services. FilmHoncho is not responsible for the accuracy, appropriateness or legality of files, posts or other information that may be accessed when using the Services.
FilmHoncho features allow you to share Content with others or make it public. Please consider carefully what you choose to share or make public as FilmHoncho accepts no responsibility for this.
Files and other Content on FilmHoncho may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You, not FilmHoncho, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using our Services. You agree not to upload spyware or any other malicious software to the Service.
You, and not FilmHoncho, are responsible for maintaining, protecting and backing up all of your Content. FilmHoncho will not be liable for any loss or corruption of Content, or for any costs or expenses associated with backing up or restoring the Content.
If contact information or other information related to your account changes, you must notify us promptly and keep your information current. The Services are not intended for use by you if you are under 13 years of age. By agreeing to these Terms, you are confirming that you are over 13.
You are responsible keeping the password you have created to access the Services safe and agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. If you become aware of any unauthorized use of your account, you should immediately notify FilmHoncho of this. You acknowledge that if you wish to protect your transmission of data or files to FilmHoncho, it is your responsibility to use a secure encrypted connection to communicate with the Services.
Use of certain Services may require you to download a client software package (“Software”). FilmHoncho hereby grants you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. Your license shall be automatically revoked if you violate these Terms in a manner that implicates our intellectual property rights. We hereby reserve all rights not expressly granted in these Terms. You must not reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so. Our Services may update the Software on your device automatically when a new version is available. These terms do not grant you any right, title, or interest in the Services, Software, or the content in the Services.
Feedback is much appreciated from users but please be aware that we may use any feedback, comments, or suggestions you send us or post in our forums without any obligation to you. The Software and other technology we use to provide the Services are protected by copyright, trademark, and other laws of both New Zealand and other foreign countries. These Terms do not grant you any rights to use the FilmHoncho trademarks, logos, domain names, or other brand features without express written permission from us.
The Services may contain links to third-party websites or resources. FilmHoncho does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources. Also, if we provide you with any software under an open source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case, unless expressly stated otherwise, the open source provisions shall apply insofar as it relates to the use of that open source software.
You can stop using our Services at any time. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve your Content, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately without notice.
Though we want to provide a great service, there are certain things about the service we cannot promise. We have put this in capitals to make it appear important, because it is, but you can imagine us singing it if you like: THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FilmHoncho will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software. The types of disclaimers in this paragraph may not apply to you if your local jurisdiction does not allow them.
Again with the capitals, and the singing: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL FILMHONCHO, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT FILMHONCHO HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $50 OR THE AMOUNTS PAID BY YOU TO FILMHONCHO FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION.
We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or terms page, so please check those pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.
THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY NEW ZEALAND LAW. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE COURTS OF NEW ZEALAND, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms constitute the entire and exclusive agreement between you and FilmHoncho with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. FilmHoncho’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but FilmHoncho may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. FilmHoncho and you are not legal partners or agents; instead, our relationship is that of independent contractors.
You can become a Subscriber (“Subscriber”) of FilmHoncho for a fee. FilmHoncho also offers you the option of increasing your account storage space beyond the included 5 GB for an additional monthly fee.
FilmHoncho accepts credit cards and will automatically charge your credit card monthly or yearly, depending upon the account and storage required selected when you subscribe. If any fee is not paid in a timely manner, or FilmHoncho is unable to process your transaction using the credit card information provided, FilmHoncho reserves the right to revoke access to your FilmHoncho account and Files. If you do not bring your FilmHoncho balance current within ten (10) days after FilmHoncho provides you with notification that your account is in arrears, FilmHoncho reserves the right to use our discretion to delete some or all of your Content so as to reduce your storage space to below 5 GB.Billing
The fee for your account will be billed from the date you become a Subscriber and on each monthly or yearly renewal thereafter unless and until you cancel your account. FilmHoncho will automatically bill your credit card each month or year on the calendar day corresponding to the commencement of your account. In the event your account began on a day not contained in a given month or year, FilmHoncho will bill your credit card on the last day of such month or year. For example, on January 31st, February 28th is the next time your credit card would be billed. You acknowledge that the amount billed each month or year may vary for reasons that include, differing amounts due to promotional offers, differing amounts due to changes in your account, or changes in the amount of applicable tax, and you authorize us to charge your credit card for such varying amounts. FilmHoncho may also periodically authorize your credit card in anticipation of account or related charges. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods.
Should you elect to upgrade to a larger amount of storage space, the commencement date for your next renewal period will be reset and you will be billed for the first month or year of the upgraded level of service on a pro-rata basis. For example, if you begin your monthly billed on June 9th, your next payment would be due on July 9th. On June 18th, you upgrade your storage space and pay the new amount associated with this you have selected, less the amount equal to 7 days at your previous rate. Your next payment would then be due on July 18th.
FilmHoncho may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different credit card or if there is a change in your credit card validity or expiration date, you may edit your information by accessing your "Account" page. If your credit card reaches its expiration date, your continued use of the FilmHoncho constitutes your authorization for us to continue billing that credit card and you remain responsible for any uncollected amounts. It is your responsibility to keep your contact information and payment information current and updated.Cancelling Your Account
Your account will continue in effect unless and until you cancel it or we terminate it. You must cancel your account before it renews each month or year in order to avoid billing of the next month's or year's fees to your credit card. FilmHoncho will bill the monthly or yearly fees associated with your account plus any applicable tax to the credit card you provide to us during registration (or to a different credit card if you change your account information).
FilmHoncho accounts are prepaid and are non-refundable. FILMHONCHO DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MONTHS OR YEARS. You may cancel your FilmHoncho account any time, and cancellation will be effective immediately. If you wish to cancel your account you may do so on your "Account" page. Should you cancel, please note that you will not be issued a refund for the most recently (or any previously) charged monthly fees.
By signing up for an account and providing FilmHoncho with your payment account information, you hereby agree to these payment terms and conditions.Free Trial
FilmHoncho offers a 14 day free trial and allows you to store up to 5 GB free of charge (“Free Account”). FilmHoncho reserves the right to terminate Free Accounts at any time, with or without notice. Without limiting the generality of the foregoing, if a Free Account is inactive for thirty (30) days beyond the free trial period ending, then FilmHoncho may delete any or all of the Content stored without providing additional notice.
Your files are sent between FilmHoncho’s mobile apps and our servers over a secure channel using encryption where supported. Not all mobile media players support encrypted streaming, so media files streamed from our servers are not always encrypted.Privacy
If you choose to access FilmHoncho using third-party applications (“apps”), be aware that those apps utilize their own security protocols and have their own privacy policies. If you’re not comfortable with the privacy and security features of those apps, you should not use them to access FilmHoncho. For example, third-party apps might not employ encryption when transmitting data, might collect information that FilmHoncho does not, and might use information differently than FilmHoncho does.Legal and Law Enforcement Compliance
We take a number of measures to ensure that the data you store on FilmHoncho is safe and secure. However, we recognize that no system can guarantee data security with 100% certainty. For that reason, we will investigate any and all reported security issues concerning FilmHoncho's services or software. For a direct line to our security experts, report security issues to firstname.lastname@example.org
Our Services are used by storytellers all over the world, and we are proud of the trust they have placed in us. In exchange, we trust you to use our Services responsibly.
You agree not to misuse the Services. For example, you must not, and must not attempt to, use the Services to do the following things.