Terms

1

Introduction

1.1       

This website (“the Site”) is operated, under licence, by MFJF (UK) Member Services Limited (Company No. 13284138), UK VAT number 411 47654 20.

1.2       

These terms and conditions (“the Terms”) apply to the use of the Site and shall be read in conjunction with the Privacy Policy and any other incidental agreements listed on the Site which you may be required to agree to from time to time (“Supplemental Agreements”) and shall together form the agreement between you and us (“the Agreement”).

1.3       

It is important that you read and understand these Terms and the Supplemental Agreements before using the Site. By accessing or using the Site you agree to be legally bound by these Terms, as they may be modified from time to time. If you do not agree to these terms and conditions, please do not use the Site.

1.4       

We reserve the right to change these Terms and the Supplemental Agreements at any time. Amendments will take effect when posted on the Site.

2.  

Our Service - Jobs Listing Board

2.1       

My First Job in Film (MFJF) is a Jobs Listing Board not an Employment or Recruitment Agency.

2.2       

We provide registered users the facility to access the Jobs Boards on the site. All users are able to upload their CVs, Cover Letters, attach ‘Application Video’ links and complete the online Application Profile, which can be used to apply to the opportunities posted on the Jobs Board. Premium Subscription members are able to access all the opportunities posted on the Jobs Board.

2.3       

Users confirm, by applying to an opportunity on the Jobs Board, that the information in their Application Profile can be made available to the recruiting organisation.

2.4       

We provide all registered users the opportunity to post collaborative volunteer opportunities to other registered users. These collaborative opportunities must follow the Collaboration Guidelines. A public profile is for collaboration purposes only, it is not viewed by companies or productions for potential recruitment purposes.

2.5       

We provide non-registered users with the opportunity to browse the Site.

3.  

Employment Agencies and Employment Business Regulations 2003

3.1       

Jobseekers and recruiters need to be aware that this job board operates as a venue only and does not introduce or supply work-seekers to recruiters (or vice versa). This means that we do not:

Obtain sufficient information for potential recruiters to select a suitable work-seeker for the position which the recruiter seeks to fill;

Obtain confirmation of the identity of a work-seeker or that they have the experience, training, qualifications or authorisation to work in the position to be filled or that they wish to undertake the role to be filled;

Take any steps to ensure the work-seeker and recruiter are each aware of any requirement imposed by law or otherwise which must be satisfied by either of them to permit the work-seeker to fulfill the position to be filled;

Take any steps to ensure that it would not be detrimental to the interests of the work-seeker or the recruiter for the work-seeker to fulfill the position to be fulfilled;

Give any indication to recruiters whether work-seekers are unsuitable (or suitable) for any position to be filled in any circumstances;

Propose work-seekers to recruiters or provide any information about them;

Take up any references in relation to a work-seeker; or

Make any arrangements for accommodation of work-seekers.

3.2       

The Conduct of Employment Agencies and Employment Business Regulations 2003 (the "Regulations") seek to ensure that work-seekers are only proposed by employment agencies for roles for which they are properly qualified and that recruiters are only offered work-seekers who have the appropriate levels of experience, training, qualifications and authorisation for the position to be filled. Since we are only a venue and do not propose or introduce work-seekers to recruiters or vice versa, it is recommended that, if you are a work-seeker you undertake the steps set out in the Regulations to ensure your suitability for the role advertised or, if you are a recruiter, to ensure a work-seeker's suitability for the role. These could include:

If you are a work-seeker: checking the identity of the recruiter and the nature of its business, the commencement date and duration of the position, the position to be filled including type of work, location, hours and risks to health and safety, experience, training, qualifications and authorisation which the recruiter considers necessary or are required by law or otherwise to undertake the position, whether any expenses are payable by you as a work-seeker or whether there are any requirements imposed by law or otherwise for you to satisfy before taking up a position.

If you are a recruiter: checking the identity of the work-seeker and that the work-seeker has the experience, training, qualifications and authorisation required by law or otherwise for the position and whether there are any requirements imposed by law or otherwise for you, as the recruiter, to meet to enable a work-seeker to take up a position.

3.3       

In addition, where professional qualifications are required or where work-seekers are to work with vulnerable persons or children, you should obtain copies of the relevant qualifications or authorisation, obtain at least two references from people who are not relatives of the work-seeker and undertake a criminal records bureau check of the work-seeker.

3.4       

Any searching or screening tools provided by us for use in your assessment of the suitability or otherwise of any particular candidate or advertised vacancy are to assist you in taking these steps, but are not intended as a substitute.

4.  

Industry Professionals Only Not Consumers

4.1       

Our service (as outlined in paragraph 2 above) is for film industry professionals seeking employment and career opportunities. This site is not for consumers.

5.  

Changes to Service

5.1       

We reserve the right to improve, update, or suspend the service provided on the Site at any time without notice.

6.  

Registration

6.1       

If you are an individual and you are under the age of 18 please do not use the Site.

6.2       

If you wish to solely create a collaboration profile no fee is payable but you are required to register with us by completing and submitting the form on our registration page as a user of the site, binding you to our terms.

6.3       

If you are registering as a recruiting organisation then you warrant that you have the authority to bind that company. Additionally you provide us the permission to create an account on your behalf. You will still be subject to our terms.

6.4       

Once you have registered an account with us, you can create your profile page and log on using your email address and the unique password submitted by you and approved by us.

6.5       

For the purposes of verifying your identity we may use the data provided by you to establish the veracity of all the registration details you have provided when registering with the Site, and your entitlement to use the Site and the services.

6.6       

If you register your details you are solely responsible for the accuracy, legality, currency and compliance of such detail and will be solely liable for false, misleading, inaccurate, infringing or other actionable material contained or referred to therein.

6.7       

We reserve the right to terminate suspend or restrict accounts without notice to you should you commit any breach of the Agreement or in our reasonable discretion we believe it is your intention to commit a breach of the Agreement or we believe you are acting contrary to the spirit of the Agreement.

7.  

Candidates - No Guarantee of Jobs

7.1       

In accepting these terms and conditions, you acknowledge that the decision to offer you jobs or appointments rest with the recruiting organisation and the availability of such jobs is affected by the state of the industry as a whole. We cannot guarantee you work nor that employers who will call you in for an interview.

7.2       

It is your responsibility to ensure that any job or appointment offered by employers is acceptable to you. We are unable to verify or provide any assurance relating to the nature or duration of, or payment for any such job or appointment.

8.  

Membership Types – Basic or Pro

8.1

We offer two types of membership to our users, Basic and Pro.

8.2       

The Basic Membership is free and the Pro Service is subject to a subscription fee.

8.3       

All individuals are entitled to open a Basic account to view the site and to apply to jobs that are registered as “Open to All Members”, for free. On opening such an account the member will receive all job alert emails, providing a summary of jobs available on the site, unless that member unsubscribes from the email list manually.

9.  

Membership Fees

9.1       

All individuals are entitled to open a Basic account to view the site and to apply to jobs that are registered as “Open to All Members”, for free.

9.2       

A Pro Service is available on the Site for which subscription fees are charged. The price of the various subscription options are listed where appropriate on the Site, and users will have the opportunity to view and confirm applicable fees and subscriptions before committing to payment.

9.3       

We must receive payment of the relevant part of the subscription fee before the Pro Services are available to you.

9.4       

Subscriptions to the Pro Service last for a period of either one (1) year from the date of registration, six (6) months or one (1) month and renew automatically.

9.5       

You can make secure payment for subscription fees via the Site.

9.6       

We reserve the right to refuse any subscription application, to alter the fee structure and/or to commence or cease charging for any of our Services at any time at our discretion. In the event that we reject a subscription application after we have received the subscription fee we shall refund the fee within fourteen (14) days from the rejection date. If any change is made to the subscription fee levels, payment structure and/or process, details will be posted on the site and any such change will not affect existing subscriptions paid by users until the completion of the subscription period that they have paid for.

9.7       

Unless otherwise agreed by us, payments must be made by credit or debit card in the currency specified by us. You are responsible for all charges associated with your use of our Service using your login details (including email address and password). You must pay any applicable taxes (including value added tax) in addition to any service fee for the relevant Service. We may charge interest on overdue payments. Any subscription period will commence when payment is received by us (or, for any free subscription period, when we grant you access to the relevant Service).

9.8       

For clarification, in the event that the website is no longer online and users are unable to access their accounts, no refund will be given.

10.      

Automatic Recurring Payments

10.1   

The Pro Member subscription will automatically renew on the expiry/renewal date of the period selected.

10.2   

This automatic renewal can be cancelled at anytime in advance of the renewal date (see our cancellation policy below for further details on how to cancel).

11.      

Cancellation

11.1   

You may terminate your use of any Sites and Services and request removal of your profile(s) at any time.

11.2   

To cancel your membership and close your account permanently, please use the facility when logged in or send an email to [email protected] confirming you wish to close your account permanently. This will be actioned within 2 working days.

11.3   

This cancellation will stop payment being taken from your next renewal date provided the email has been received before 12pm the previous working day and the renewal date is not within 3 working days.

11.4   

As a registered user or a subscriber to any Service, you should give notice to us by email or in writing at least two working days in advance of your proposed date for such termination and removal. This is to allow us time to remove your profile from the relevant Sites and disable your access rights and login details as required (although we shall use reasonable endeavours to do so sooner, if requested). Any such notice will take effect when received by us. We may withdraw any Site or Service or terminate your access to and use of any Site or Service at any time and for any reason at our reasonable discretion. If you are a registered user and/or subscriber to any Service, and unless such termination is due to your material or persistent breach of these terms, we will use reasonable endeavours to give notice to you of any such termination.

11.5   

Upon termination you shall not be entitled to a refund of your past subscription fees (or any amount thereof which corresponds to an unexpired portion of your membership) in the event that you no longer wish to be a Premium user.

11.6   

If you have made advance payments to us for any Service relating to any period after the date of termination, and unless such termination is due to your material or persistent breach of these terms, you may be entitled to a refund in accordance with our refunds policy. You will not be entitled to any other compensation for any such termination. Following termination of your access to or use of any Sites and Services for any reason, we may remove your profile(s) from the Site (if not already removed) and disable your login details, including username(s) and passwords. We may however retain your profile and other personal details on our internal systems for record keeping purposes. Please see our privacy policy for further details. Other content you have provided may also remain on our Sites. All provisions of these terms which by their nature are intended to continue shall survive termination, including terms relating to exclusions and limitations of liability, intellectual property and on-going use of your content. Termination of your access to the Sites or Services or of these terms shall not affect accrued rights and liabilities of you or us up to the date of termination, including our rights to payments due from you.

12.      

General Conduct

12.1   

Registered users may only create and maintain one collaboration and/or application profile page, not multiple using different email addresses to register.

12.2   

All registered users must have a bona fide interest in connecting with other professionals in the film industry.

12.3   

Members must be industry professionals seeking career opportunities and career advice.

12.4   

We grant you a limited licence to access and make use of the Site, but not to modify it, or any part of it, or otherwise exploit it for any commercial purpose or gain except for those specific purposes set out in this Agreement or otherwise with our express written consent.

12.5   

You must not use the Site in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged or impaired in any way. You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Site for lawful purposes only.

12.6   

You must not use the Site for any fraudulent purposes, or in connection with a criminal offence or other unlawful or immoral activity, to send, use or reuse any content or material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing or that will infringe copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties, or objectionable, or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam” to cause annoyance, inconvenience or needless anxiety.

12.7   

You must not use the Site in any way which may disrupt the MFJF community or cause problems for other users and MFJF staff, which may be detrimental to the MFJF business and or generally use the Site in any way which in our reasonable opinion is inconsistent with the spirit of the Agreement including without limitation sharing information on the Site with non-registered third parties.

12.8   

If you believe that anyone has infringed your or a third party’s copyright on the Site or if you have infringed a third party’s copyright you must inform us immediately in writing.

13.      

Information and Content Provided by You

13.1   

Any information and content posted, uploaded, or otherwise sent by any means by you to the Site shall be legal, decent, honest and truthful, shall not infringe any third party's rights, shall not be obscene, blasphemous or defamatory and shall not contain any viruses or other malicious computer programming routines. Without limiting the above, all information you provide shall be accurate and complete.

13.2   

You agree that you will not publish your contact information or any other information or data in the publicly-accessible parts of the Site. You agree that you will not publish the contact information or the information of any other person in the publicly-accessible parts of the Site (whether or not such persons are users of the Site) or elsewhere, or communicate such information to any other person whether in electronic or any other format.

13.3   

Any information provided by you to us will be used by us in accordance with the Data Protection Act 1998 and our Privacy Policy.

13.4   

You waive all moral rights you have in any content and information provided by you to the fullest extent permitted by law.

14.      

Copyright and Other Intellectual Property Controlled by us

14.1   

All content and all compilation of content included on the Site which is not provided by you, including but not limited to text, graphics, logos, icons, photographs and images, audio clips, digital files, data compilations and software, is our property or is licensed by us and is protected by copyright, database and trade mark right laws in England and internationally.

14.2   

You may not download, extract and/or re-utilise parts of the contents of the Site including the database of jobs and the job adverts posted on the site.

14.3   

For the avoidance of doubt you may not utilise any data mining robots or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Site without our express written consent. You may not create and/or publish your own database that features substantial parts of the Website without our express written consent. You will indemnify us against any loss, damages, costs, expenses (including reasonably legal fees) or other claims arising from any breach of the above warranties you commit.

15.      

Links

15.1   

We have no control over the content of third party sites and cannot guarantee the reliability of any links to third party sites nor can we provide any guarantees or accept any liability in respect of the content on such third party sites.

15.2   

You may not create hyperlinks to the Site without our prior written consent. All such permitted hyperlinks must make it clear that the hyperlink is to our Site and that it is in no way affiliated to any third party.

16.      

Security

16.1   

You are solely responsible in all respects for all use of and for protecting the confidentiality of your account and password which may be given to or selected by you for use on the Site. You must immediately notify us of any unauthorised use of them or any other breach of security.

16.2   

Any losses incurred or sustained by you in transmitting information shall be borne solely and exclusively by you and in no event shall any such losses in whole or in part be borne by us. If you are using a public computer, you must sign out when you have finished using the Site.

17.      

Compliance with Laws

17.1   

You agree to comply with all applicable laws, statutes and regulations concerning your use of the Site.

18.      

Suspension and Termination of Membership

18.1   

We reserve the right to terminate or suspend any aspect of your membership without notice or refund to you should you commit any breach of the Agreement or in our reasonable discretion we believe it is your intention to commit a breach of the Agreement or we believe you are acting in a way which is contrary to the spirit of our networking group.

19.      

Liability

19.1   

We accept no liability for any failure to maintain the Site. We shall not be liable to you by reason of any representation (unless fraudulent) and all warranties, conditions or other terms, implied by law are excluded to the fullest extent permissible. We shall not be liable for any loss of goodwill or reputation, profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by our negligence, servants or agents or otherwise) which arise out of or in connection with the provision of the material by you.

19.2   

Your acceptance of these Terms also acts as a general release of the current licensee operating company and licensor, Sunnside1983 Limited, and any of their subsidiaries (and all of their officers, directors, agents and employees) from any liability for any claims, loss, and damages (both direct and indirect, including loss of profits, goodwill and business opportunity) arising out of or in any way connected to your use of the Site.

19.3   

Notwithstanding the foregoing, nothing in this Agreement is intended to limit any rights you might have under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

20.      

Indemnity

20.1   

You will indemnify us against any loss, damages, costs, expenses (include reasonable legal fees) or other claims arising from any breach by you of any of the warranties and any

21.      

Access to the Site

21.1   

We will do everything we can to ensure that availability of the Site will be uninterrupted and that transmissions will be error-free. However, this cannot be guaranteed. The Site may be occasionally suspended or restricted to allow for updates, maintenance or the introduction of a new facility or service. We will attempt to limit the frequency and duration of any such interruption.

22.      

Notices

22.1   

Except as otherwise stated, any notices you wish to send to us should be e-mailed to MFJF at [email protected]. Any notices that we may wish to draw to your attention will be displayed on our Site.

23.      

Confidential Information

23.1   

We and you shall endeavour to prevent the disclosure, publication or dissemination of the other’s confidential information and shall not use, reproduce, distribute, disclose or otherwise disseminate such confidential information except in connection with the performance of obligations under these Terms.

24.      

Electronic Communication

24.1   

When you visit the Site or send emails to us, you are communicating with us electronically. We communicate with you by email. For contractual purposes, you consent to receiving communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

25.      

Events Beyond Our Reasonable Control

25.1   

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause that is beyond our reasonable control.

26.      

Costs and Legal Fees

26.1   

In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and legal fees.

27.      

Law and Jurisdiction

27.1   

This Agreement (and any dispute, controversy, proceedings or claim of whatever nature in relation to them) shall be governed and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction in relation thereto.

28.      

Invalidity

28.1   

If any part of the terms of this Agreement is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

29.      

Entire Agreement

29.1   

This Agreement contains the entire agreement between us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters or any statements made to you by any person, including (without limitation) any of our employees or agents. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

30.      

Assignment

30.1   

We shall be entitled to assign, transfer or sub-contract or in any way make over the benefit or burden of the Agreement to a third party.

31.      

No Waiver

31.1   

A waiver by us of any terms of the Agreement in a particular instance shall not be deemed or construed to be a waiver of such term or condition for the future or affect our rights in respect of any subsequent breach of the terms of this Agreement. All rights and remedies contained in this Agreement shall be distinct, separate and cumulative and no action or inaction by us shall operate to exclude or deprive us of any other rights allowed by law.

32.      

Third Party Rights

32.1   

No third party shall be deemed under the Agreement to have enforceable rights by virtue of the Contracts (Rights of Third Parties Act) 1999.

33.      

Nature of Agreement

33.1   

This Agreement shall not constitute a partnership, agency or joint venture between the parties.

34.      

Recruiting Organisations

34.1   

All Recruiting Organisations (including potential recruiters) must ensure that their job postings and other content, and the terms of the job or role to which any posting relates, comply with all applicable laws, including those relating to minimum payments, non-discrimination, tax and employment.

34.2   

This is the sole responsibility of the Recruiting Organisations.

35.      

Registered Office

35.1

The registered office of Limberland15 Limited, the current licencee and operating company of My First Job In Film is Woodbury House, Green Lane, Exton, EXETER EX3 0PW.