YOU ACKNOWLEDGE AND AGREE THAT, BY USING THE SITE OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE SERVICES, OR BY PARTICIPATING IN THE REVIEW OF THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ THESE TERMS, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS WICH CONSTITUTUE A BINDING AGREEMENT BETWEEN YOU AND FLICKSET, AND IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE OR THE SERVICES. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
1. INFORMATION ABOUT US AND YOU
The Site is operated by FLICKSET S.A.L ( “we” or “us” or “our” or “Flickset”). We are registered in Lebanon before the trade registry of Beirut under number /1023867/ and have our registered address at Flat6labs BDD 740 1st floor, Tyan street, Bachoura, Beirut, Lebanon
If you use the Flickset Platform as an individual, any references to "you" in these Terms shall be interpreted accordingly. If you use the Flickset Platform on behalf of, or in your capacity as an employee or agent of, contractor, a corporate body, association or partnership, any references to "you" in these terms shall be interpreted as a reference to such corporate body, association or partnership and you expressly warrant and represent that you are authorized to bind such corporate body, association or partnership accordingly.
2. THE SERVICES2.1 Flickset Platform is an online marketplace through which users (“User” or “Users” find the following Services:
The Location Protection and the Location Cleaning Services are optional. As for the other Services, they are mandatory. If the Producer does not request the Location Protection Service and/or the Location Cleaning Service, Producer shall be responsible, at its own expenses, directly or indirectly to protect and clean the Venue in a manner that is consistent with the requirements and satisfaction of the Host.
2.2 Hosts alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Venues. We do not own, create, sell, resell, provide, control, manage, offer, deliver or supply any Venue. When Users make or accept a booking, they are entering into a contract directly with each other. We are not and do not become a party to any contractual relationship between Users. We are not acting as an agent in any capacity for any User, we are acting solely as an intermediary for the collection of payments between Hosts, Producers and Third Party Contractor.
2.3 Users are responsible for confirming the identity and suitability of others who they may contact by means of the Site. We do not endorse any persons who use or register for our Services or Venues. We do not investigate any User’s reputation, conduct, morality, criminal background, or verify the information that any User submits to the Site.
2.4 With the exception of the “Find a location” Service, the Services may be made available by independent third party providers of such Services under agreement with Flickset (“Third Party Providers”) and in no event shall we be responsible for any Services of such Third Party Providers. YOU ACKNOWLEDGE THAT ALL THE SERVICES ARE PROVIDED BY THIRD PARTY CONTRACTOR WHO ARE NOT EMPLOYED BY US AND THAT WE SHALL NOT BE LIABLE FOR ANY SERVICES OF SUCH THIRD PARTY CONTRACTOR. BY USING THE SITE OR SERVICES, YOU AGREE THAT ANY LEGAL REMEDY OR LIABILITY THAT YOU SEEK TO OBTAIN FOR ACTIONS OR OMISSIONS OF OTHER THIRD PARTIES WILL BE LIMITED TO A CLAIM AGAINST THE PARTICULAR OTHER THIRD PARTIES WHO CAUSED YOU HARM AND YOU AGREE NOT TO ATTEMPT TO IMPOSE LIABILITY ON, OR SEEK ANY LEGAL REMEDY FROM FLICKSET.
2.5 We cannot guarantee the continuous and uninterrupted availability and accessibility of Flickset Platform. We may restrict the availability of the Flickset Platform if this is necessary to carry out maintenance measures that ensure the proper or improved functioning of the Flickset Platform. We may improve, enhance and modify the Flickset Platform and introduce or modify Services from time to time.
3. ACCOUNT REGISTRATION
In order to be able to benefit from our Services via the Site, you must register an account (a “Flickset Account”).
In order to register a Flickset Account, you must be aged 18 or over at the point of registration and must provide all the information required on the registration form, including your full name, email, and password. The registration process may require you to verify the email address that you have provided to us.
You are solely responsible for the confidentiality and use of your password. You must: (a) log of from your Flickset Account at the end of each session on our Site, and (b) notify us immediately of any unauthorized use of your password or any other breach of security.
We have the right to disable any Flickset Account, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms and/or if we believe that your Flickset Account is being used in an unauthorized or fraudulent manner.
4. TERMS SPECIFIC FOR HOSTS AND PRODUCERS
4.1 When listing a Venue through our Platform, Hosts must (i) provide complete and accurate information about the Venue (such as Venue description, location, and calendar availability), (ii) disclose any restrictions (such as Venue rules) and requirements that apply and (iii) provide any other pertinent information requested by us. You are responsible for keeping your listing information (including calendar availability) up-to-date at all times.
4.2 Hosts shall be solely responsible for setting a price for their Venues (“Location Fee”).
Hosts acknowledge and agree that the Location Fee will constitute an essential part of the binding agreement between Hosts and Producers. Once a Producer requests a booking, Host may not alter the Location Fee for that particular transaction.
4.3 Any terms and conditions included in the listing of the Venues, in particular in relation to the cancellations, must not conflict with these Terms or the cancellation policy the Hosts have selected for their listing.
4.4 Hosts represent and warrant that any listing they post and the booking of, or a Producer's stay at, a Venue will (i) not breach any agreements Hosts entered into with any third parties, such as agreements with Lessors or homeowners, or other agreements, and (ii) comply with all applicable laws, Tax requirements, and other rules and regulations, including having all required permits, licenses and registrations. Hosts shall be responsible for their own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Venue excluding the Producers
4.5 Producer agree to leave the Venue no later than the checkout date that the Host specifies in the listing or such other time as mutually agreed upon between Producer and the Host. If the Producer stay past the agreed upon checkout date without the Host's consent, the Producer no longer have the right to stay in the Venue and the Host is entitled to make the Producer leave in accordance with applicable law. In addition, the Producer agree to pay, for the period that the Producer overstay, an additional fee computed in accordance with the overstay policy set out by Flickset to cover the inconvenience suffered by the Host, plus all applicable Services Fees, expenses incurred by the Host to make you leave the Venue.
4.6 Producers are responsible for leaving the Venue (including any personal or other property located at the Venue) clean and in the condition it was in when Producers arrived and restore any equipment or property to its original place and condition. Producers are responsible towards Hosts and third parties for their own acts and omissions and are also responsible for the acts and omissions of their staff and crew and of any individuals whom they invite to, or otherwise provide access to, the Venue, excluding the Host (and the individuals the Host invites to the Venue, if applicable). If the Producer or his staff or crew or any individuals whom he invite to, or otherwise provide access to, the Venue, have damaged a Venue or any personal or other property at a Venue or caused any bodily injury or death to any person at the Venue, the Producer shall be held responsible and liable for such damages, injury or death.
5. SERVICES FEE
5.1 We charge fees in exchange for providing the Services (the “Services Fees”). The Services Fees are divided as follows:
5.1.1. The scouting fee ( “Scouting Fees”): We charge Producers a Scouting Fee.
5.1.2. The booking fees (“Booking Fees”) which include the following fees:
5.2 We will send Hosts their payouts within 72 hours of the check-out date through wire transfer to the bank account specified by the Host. The wire transfer fees will be borne by the Host and deducted from the payments owed to the Hosts.
5.3 The amount of the Services Fees shall be determined in the listing of each Venue.
5.4 The Payment of the Fees for Services provided by Third Party Providers shall be considered the same as payment made directly by you to Third Party Providers. We will facilitate the payment of the Services Fees on behalf of Third Party Providers as such Third Party Providers’ limited payment collection agent.
5.5 The Payments of the Services Fees are made by using the preferred payment method (“the Payment Method”) designated in Flickset Account, after which we will send Producers a receipt by email. If your primary payment method is determined to be expired, invalid or otherwise not able to be charged, you authorize us to charge any other payments methods use any other payment method in your Flickset Account, if available.
5.6 When Producers request a scouting or a booking. We may obtain a pre-authorization via the Payment Method for the total Fees or (ii) charge or authorize the Payment Method a nominal value, not to exceed one dollar ($1) or a similar sum in the currency in which the transaction is operated to verify the Payment Method.
We do not do business as an owner or operator of any Venues. Neither does Flickset own, sell, resell, furnish, provide, rent, re-rent, manage and/or control any Venues. Flickset is not a contracting agent or representative of the Host or Producer or Third Party Provider. we are acting solely as an intermediary for the collection of payments between any Hosts, Producers, or Third Party Provider with whom the User choose to enter into a transaction. You understand and agree that you are solely responsible for determining your obligations to report, collect, remit, or include in the Services Fees any applicable VAT or other taxes imposed by Law.
7. CANCELLATION POLICY
7.5 If a requested scouting or booking is cancelled either because it is not accepted by the Host or the Producer cancel the booking request before it is accepted by the Host, any amounts collected by us will be refunded to the Producer, and any pre-authorization of the Payment Method will be released (if applicable). The timing to receive the refund or for the pre-authorization to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, MasterCard, etc.) rules.
7.6 If a Producer cancels or postpones a confirmed scouting request 12 hours or more before the date of scouting, no fee will be charged. If postponed/modified less than 12 hours before the date of scouting, 50 % of total Scouting Fees will be charged. If canceled less than 12 hours before the date of scouting, 1000 % of total Scouting Fees will be charged.
7.7 If a Producer cancels or postpone a confirmed shoot booking request 24 hours or more before the check-in date, we will
refund the total Booking Fees pursuant to the Host’s cancellation Policy. We allow Hosts to choose among two cancellation
policies Flexible or Strict as defined below:
Flexible: Producer will not be liable for the payment of a cancellation fees.
Strict: Producer shall be liable for the payment of a cancellation fee equal to 25% of the Location Fee subtotal.
Each listing of a Venue on our Site shall clearly specify the cancellation Policy.
7.8 If a Host cancels a confirmed booking requests, then the Booking Fees collected by us will be refunded to the Producer, and any pre-authorization of the Payment Method will be released (if applicable). For the avoidance of doubt, the cancellation of a booking request by the Host does not entitle the Producer to a refund of the Scouting Fees. The timing to receive the refund or for the pre-authorization to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, MasterCard, etc.) rules.
7.9 If the Producer arrives to the Venue on the Check-in date and decides to leave before the check-out date, or the Host requests the Producer to leave before the check-out date, the Location Fees are refunded in accordance with the refund policy set out by Flickset. The Producer shall be entitled to a refund of the other Booking Fees (or any of the other Booking Fees) if, and only if, the Services pertaining to such Fees are not provided.
7.10 The Host hereby irrevocably grants Flickset the power to refund the Location Fees and other Booking Fees to the Producer in accordance with the provisions of this Article
8. CHANGES TO THESE TERMS AND SERVICES.
Flickset reserves the right, at its sole discretion, to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Flickset platform or provide you with notice of the modification. By continuing to access or use the Site and Services after we have modified the Terms, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services. We encourage you to periodically review the Terms to stay informed of our updates.
9. USER CONDUCT
The User shall act responsibly and exercise good judgment. Without limiting the foregoing, the User will not:
We reserve the right to cancel a Flickset Account or take other appropriate actions in its sole discretion in response to any inappropriate conduct, or for no reason at all.
10. USER CONTENT
10.1 From time to time, Users may be required or choose to provide information or content via our Site and Services ( “User Content”). This may be in connection with your registration as a User or may be through the use of the Services.
When communicating your User Content using our Site or Services (by any means), you must not:
We have the right to remove any comments you make on our Site or any of your User Content if, in our opinion, it does not comply with the above.
We will not be responsible, or liable to any third party, for any User Content posted by you or any other User. We do not endorse any Users. In addition, although these Terms require Users to provide accurate information, we do not attempt to confirm, and do not confirm, any Users purported identity. We are not responsible for any damage or harm resulting from your interactions with other Users.
By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular User or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions.
We reserve the right to disclose your identity to any third party who is claiming that any of your User Content constitutes a violation of their intellectual property rights, or of their right to privacy. If you suspect a User is communicating in breach of this section, please contact us on firstname.lastname@example.org or +9611393668 immediately.
You acknowledge that any interactive services or functionality provided on Flickset Platform are not a secure means of communication and may be subject to intrusion, fraudulent use and/or modification for which we cannot and shall not guarantee the security, authenticity, completeness, content or source of the information/data sent or received. Consequently, you fully accept the risk, whatever the nature, which could arise from the User of such interactive services or functionality.
Always use caution when giving out any personally identifying information about yourself or your children when using our Site or Services or User Content. We do not control or endorse the content, messages or information found in the User Content, therefore, we specifically disclaims any liability with regard to the User Content and any actions resulting from your participation in any User Content.
10.2 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any User Content on or through the Flickset Platform, you grant to Flickset a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such User Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such User Content to provide and/or promote the Flickset Platform, in any media or platform. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Flickset the license to the User Content; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Flickset’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
10.3 This Article shall survive any termination of these Terms.
11. OUR INTELLECTUAL PROPERTY RIGHTS
11.1 With the exception of User Content, all right, title, interest and intellectual property rights (including patents, trademarks, design rights, copyrights, database rights, trade secrets, rights in confidential information and all rights of equivalent nature anywhere in the world, together with any applications or rights to apply for the foregoing) ("IPR") in Flickset Platform, the proprietary Flickset content and any content licensed or authorized for use by our through Flickset Platform from a third party (“Flickset Contents”) including all associated intellectual property rights, are the exclusive property of Flickset and/or its licensors or authorizing third parties.
11.2 We grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and view Flickset Contents and User Content not provided by you, made available on or through Flickset Platform for your personal use and the Producer’s business use. All other use or dissemination of such Contents (by any means and in whole or in part) is prohibited without the prior written permission of us. In addition, you will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, broadcast, publicly display, publicly perform or in any way exploit the Flickset Platform or any of the Flickset Content, in whole or in part, found on Flickset Platform, and you shall ensure that you do not delete or amend any copyright or other notices displayed on Flickset Contents or any copies of them. For the avoidance of doubt, we do not grant you any licenses, express or implied, to the IPR or our licensors except as expressly authorized by these Terms. You have no right to sublicense the license rights granted in this section.
11.3 Access to or use of our Site or Services does not grant you any ownership right in our Site, Services, or Flickset Contents, or contents not provided by you.
You shall treat as confidential and shall not (other than where permitted or compelled to do so by any applicable law) use or disclose to any person (nor permit the disclosure of) any of our confidential information, which shall include any information in whatever form) which is not publicly known and which is disclosed to, or otherwise learnt by you in connection with our Site, Services or these Terms, including the Flickset Contents, User Content not provided by you, and these Terms.
11.4 This Article shall survive any termination of these Terms.
12. YOUR PRIVACY
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Flickset Platform may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
IF YOU USE OUR PATFORM, FLICKSET CONTENTS AND USER CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE FLICKSET DOES NOT CHECK ANY USER’S BACKGROUND OR RECORD. AND IF WE CHOOSE TO CONDUCT IDENTITY VERIFICATION OR BACKGROUND CHECKS ON ANY USER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT BY A USER OR GUARANTEE THAT A USER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE. OUR PLATFORM, FLICKSET CONTENTS AND USER CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT (A) OUR PLATFORM, FLICKSET CONTENTS AND USER CONTENT WILL MEET YOUR REQUIREMENTS; (B) OUR PLATFORM, FLICKSET CONTENTS AND USER CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN THROUGH OUR OUR PLATFORM, FLICKSET CONTENTS AND USER CONTENT WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR PLATFORM, FLICKSET CONTENTS AND USER CONTENT WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.
IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF OUR PLATFORM, FLICKSET CONTENTS AND USER CONTENT, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF SUCH ACCESS OR TRANSMISSION.NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR PLATFORM, FLICKSET CONTENTS AND USER CONTENT WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
14. LIMITATION ON LIABILITYWe shall not be liable for damages, liability or losses of any kind, including but not limited to, any direct or indirect, incidental, special, exemplary, punitive or consequential damages, lost profits, lost data, or property damage related to, in connection with, or otherwise resulting from, even if we have been advised of the possibility of such damages.: (a) your use or inability to access or use the Flickset Platform; or (b) any transaction or relationship between you and any Third Party Provider or any other User, (c) any delay or failure in performance resulting from causes beyond Flickset’s reasonable control including but not limited to acts of nature and power, internet, and email discontinuity, (d) harm or damage to your property as a result of using our Services; (c) disclosure of, unauthorized access to or alteration of your content; (d) any harm to you caused in whole or part by a third party, including but not limited to another user of our Platform; or (e) your or anyone else’s conduct or acts in connection with the use of our Platform, including without limitation from interactions with other Users or persons introduced to you by our Platform, whether on-line or off-line and the Hosts shall have no recourse against us or the Location Coordinator for any damages to their property. 14.2 In no event will our aggregate liability to you or any third party in any matter arising from or relating to with our Site, Services, Flickset Content, User Content or These terms exceed the sum of one hundred US Dollars ($100).
You agree to release, defend, indemnify, and hold Flickset and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms, (ii) your improper use of the Flickset Platform or Flickset Contents or User Content, (iii) your interaction with any User, stay at any Venue, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay (iv) Flickset’s payments collection, or (v) your breach of any laws, regulations or third party rights.
You may terminate this Agreement at any time by cancelling your account or by sending us an email. If you cancel your Account as a Host, any confirmed booking will be automatically cancelled and your Producers will receive a full refund. If you cancel your Account as a Producer, any confirmed scouting or booking will be automatically cancelled and any refund will depend upon the terms of the Host’s Cancellation Policy and these Terms.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Platform, and (b) deactivate or cancel your account. If we take any of the measures described in this section, we may refund the Producers in full for any and all confirmed scouting or bookings that have been cancelled, irrespective of Host’s Cancellation Policy, and (ii) Hosts will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
17. ENTIRE AGREEMENT
We may transfer all or any of our rights, liabilities and obligations under these Terms to any third party and we will notify you of any such transfer. You will be taken to have consented to such transfer by continuing to access our Site or use the Services after such notification.
We may delegate the provision of our Site or the Services or the performance of any obligation or function and reserve the right to use any agents on such terms as we may think fit.
You shall not assign or transfer (or purport to assign or transfer) or otherwise deal with (including through the declaration of a trust) in whole or in part, your rights or obligations under these Terms without our prior written consent.
19. GENERAL PROVISIONS
Without prejudice to your other obligations, you shall, and shall use your best endeavors to ensure that a third party shall, do everything necessary to give full force and effect to these Terms.You agree that no joint venture, partnership, employment, or agency relationship exists between you and Flickset as a result of these Terms or as a result use of the Site or the Services (except if you already entered into a separate written agreement with Flickset).
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Terms shall continue in effect.
The failure of Flickset to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Flickset. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Flickset (i) via email (in each case to the address that you provide) or (ii) by posting to the Mobile App. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
21. GOVERNING LAW AND JURISDICTION
These Terms shall be governed by, construed and take effect in accordance with the laws of Lebanon.
The courts of Beirut shall have exclusive jurisdiction to settle any claim, dispute or matter of difference that may arise out of or in connection with these Terms, our Site or Services.
Flickset welcomes your questions or comments regarding the Terms:
Email Address: email@example.com
Phone: +961 1393668