Matte Painting for Filmmakers ("MP4FM" "we" "us" or "our") develops training solutions ("Training Materials") for emerging digital artists and professionals using a unique teaching approach and makes certain Training Materials available to users via the MP4FM Web Site (the "Site") or platforms available from MP4FM (the offering of services or Training Materials through the Site or other MP4FM platforms are collectively referred to as the "Services"). Some MP4FM Services are available to you for free, while others require that you create a User Account and pay a Subscription Fee for access. Access to and use of the Services, whether accessed with or without payment are subject to the terms and conditions of this Agreement.
In order to obtain access to the Services, you must create a MP4FM account ("User Account") and pay the appropriate fees for access to the services you request. By creating a User Account, you represent and warrant the information you provide is accurate and complete. You may never use another's account or share your User Account with others. An institution may not purchase a single user account and share that user account among multiple employees.
You are responsible for maintaining the security of your password and are solely responsible for the activity that occurs on your User Account. If you believe your User Account has been breached or used in any unauthorized manner, you must notify a MP4FM representative immediately. If you do not your User Account may be deactivated. MP4FM is not responsible for any damage or losses caused by unauthorized use of your User Account. You, however, may be responsible to MP4FM for any harm MP4FM incurs due to unauthorized use of your MP4FM User Account.
MP4FM offers services on a subscription fee basis. You agree to pay the Subscription Fees and any other charges incurred in connection with your User Account (including any applicable taxes) at the rates in effect when the charges were incurred. If your subscription includes access to areas containing premium content or services, your access to such areas may be subject to additional fees, terms and conditions, which will be separately disclosed in such areas.
We will bill all charges automatically to your credit card, PayPal account or other payment method that MP4FM offers and you select.
Subscription Fees are billed at the beginning of your subscription period in which MP4FM activates your User Account (the "Subscription Date") If you choose to renew your subscription, you also agree to latest Term of this Agreement. Unless we state in writing otherwise, all fees and charges are nonrefundable. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. If you want to use a different credit card than one previously provided or there is a change in credit card validity or expiration date, or if you believe someone has accessed the Services using your user name and password without your authorization, you must contact us immediately.
You are responsible for any fees or charges incurred to access the Services through an Internet access provider or other third-party service. For example, the Services may include large video files. You are responsible for payment of any bandwidth, data, or subscription charges you may incur from a service provider while utilizing the Services.
We may also provide your e-mail address or contact information you provide to our affiliates for marketing our services. If you would prefer not to receive marketing or advertising, you must notify us by contacting us at email@example.com and requesting removal from our contact lists. MP4FM uses a third party to process credit card purchases and does not retain records that include full credit card account numbers. MP4FM may, however, obtain and retain portions, such as the last four digits, of a credit card number in order to later verify customer purchases.
All Training Materials, content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to or included on the Site are protected under applicable copyright, trademark, patent or other proprietary (including but not limited to intellectual property) rights.
The copying, modifying, distributing, transmitting, displaying, selling, licensing, using, publishing or creating derivative works by you of any such matters or any part of the Site, except as expressly allowed by the Agreement, is strictly prohibited. You do not acquire ownership rights to any Content or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
Due to the nature of MP4FM courses and products (non-tangible digital goods), it is not possible to “return” the product therefore we DO NOT offer refund or exchange after purchase is made. If you are having any issue with the your subscription, product or have any questions, please submit a support ticket at firstname.lastname@example.org, we will do our best to resolve the problem.
MP4FM may make certain Training Materials available through download services operated by or in affiliation with MP4FM. In order to access these Training Materials, you must agree to and comply with any end user license agreements or terms and conditions associated with the downloaded Training Materials as well as these Terms and Conditions. Except as authorized by MP4FM, you are not permitted to capture streamed videos or download videos from the Site in any manner that is not provided by MP4FM. You agree to download Training Materials once. If MP4FM determines your downloading is excessive, MP4FM may immediately terminate your account. You shall not be entitled to a refund for any fees paid. MP4FM also reserves all legal rights, claims and causes of actions that it may have against you.
Tracking and Monitoring
MP4FM implements technology and procedures to track usage of the Site and its Services, including tracking and monitoring associated with individual user accounts. In addition to other information collected, MP4FM may track the number of videos viewed, time elapsed during viewing and other information related to content viewing activities.
Trademarks / Service Marks
MP4FM and WWW.MP4FM.COM "stylized head" logo are trademarks and/or service marks of Garrett Fry. Other product and company names may be mentioned on the Site from time to time which may be trademarks or service marks of their respective owners. These trademarks and/or service marks may not be reproduced without the express written consent of the respective trademark or service mark owner.
Termination by MP4FM
MP4FM may terminate your User Account with or without cause and without notice when terminated for cause. If you believe your User Account has been terminated in error, contact MP4FM at email@example.com. For example, MP4FM may terminate a User Account, if it determines you have provided others with access to Training Materials with your User Account.
If it is determined by MP4FM, in its sole discretion, that your User Account was terminated in error, MP4FM will provide you with access to the Services at no charge for the period of time in which your User Account was terminated. This shall be the sole and exclusive remedy available to you for any termination in error. If MP4FM terminates your account for cause, determined at the sole discretion of MP4FM, you will not receive a refund for any Subscription Fees paid to MP4FM. If MP4FM terminates your User Account without cause, as determined by MP4FM in its discretion, MP4FM will provide you with a pro rata refund of payments made to you for the Services.
By subscribing to the Services, MP4FM grants you a limited, non-exclusive license to view the Training Materials via the MP4FM web site. This license shall terminate immediately upon termination of your Services. Following termination of your User Account, you shall immediately destroy any Training Materials or other content obtained through the Services. The Training Materials are the sole and exclusive property of MP4FM or the respective creators of the Training Materials. Nothing herein grants you any ownership rights in the Training Materials.
You are not authorized to:
Share your User Account with others;
Allow more than one individual to access a User Account;
Copy, modify, distribute, capture, or save locally any of the Training Materials;
Remove any copyright or proprietary notice included on or in any Training Materials;
Circumvent or attempt to circumvent any encryption, security code, or other protection used in connection with the Training Materials;
Use the Services for any unlawful purposes;
Capture screen shots of Training Materials; or
Make Training Materials available to others in any format.
MP4FM grants access to the support forum with select subscription plans and presales forms for free. Please be advised that MP4FM reserves the right to delete any message for any or no reason and to prohibit your access to the service. By uploading or posting text, images, assignment files or other content ("Posted and Uploaded Content") you hereby grant MP4FM a perpetual, non-exclusive license to use the Posted Content in connection with the Site and Services. You further represent and warrant that the Posted and Uploaded Content does not infringe the intellectual property rights of any third party.
If you have reason to believe that a user has posted content that is obscene, pornographic, violates the intellectual property rights of a third party or otherwise violates the terms of this Agreement, you may contact MP4FM at firstname.lastname@example.org to request removal of the content or use other procedures available through the forum to request removal. Requests for removal due to infringement of intellectual property rights must be directed to email@example.com and include the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
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;
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 the service provider to locate the material.
Information reasonably sufficient to permit the service provider 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.
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.
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. (see 17 U.S.C 512(c)(3) for further details)
Representation of Ownership. MP4FM represents and warrants that it is the sole and exclusive owner of the videos and tutorials included within the Training Materials (the "Content"), or otherwise holds sufficient rights in the Content to provide the Content to its users.
EXPECT AS EXPRESSLY STATED OTHERWISE IN THE REPRESENTATION OF OWNERSHIP SECTION ABOVE, ALL MATERIALS MP4FM PROVIDES ARE PROVIDED "AS IS". MP4FM DOES NOT WARRANT THAT TRAINING MATERIALS OR SERVICES PROVIDED IN CONNECTION THEREWITH WILL MEET YOUR REQUIREMENTS OR THAT THEIR OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE CONTENTS OF THE TRAINING MATERIALS ARE ACCURATE OR COMPLETE. MP4FM.COM MAKES NO WARRANTIES, EXPRESS, IMPLIED OR ARISING BY CUSTOM OR TRADE USAGE RELATING TO THE TRAINING MATERIALS OR RELATED SERVICES, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Limitations on LIABILITY
IN NO EVENT SHALL MP4FM.COM AND/OR ITS AFFILIATES, MEMBERS, AGENTS, EMPLOYEES, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY PUNITIVE, CONSEQUENTIAL, OR MULTIPLE DAMAGES OR LOST PROFITS OR OTHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING ANY DAMAGES RESULTING FROM LOSS OF BUSINESS ARISING OUT OF OR IN CONNECTION WITH THE TRAINING MATERIALS OR RELATED SERVICES, EVEN IF MP4FM.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES WERE FORESEEABLE. IN ANY EVENT, OTHER THAN BREACH OF MP4FM'S BREACH OF ITS REPRESENTATION OF ONWERSHIP, MP4FM'S AGGREGATE LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES SHALL BE LIMITED TO THE AMOUNT YOU HAVE PAID TO MP4FM FOR THE THREE MONTHS PRECEDING ANY ACTION FILED.
The Services may not be available in certain territories due to certain national or international restrictions. By utilizing or subscribing to the Services, you represent and warrant that you are authorized under all applicable laws to access the Services.
You agree to defend, indemnify and hold harmless MP4FM, its owners, founders, managers, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
your violation of any third party right, including without limitation any copyright, property, or privacy right; or
any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive termination of this Agreement and your use of the Services.
Governing Law and Jurisdiction
This Agreement shall be governed and construed according to the laws of the state of Utah, United States of America. By using the Services, you consent to the exclusive jurisdiction of the state and federal courts in Salt Lake City, Utah. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
No delay or failure to take action under this Agreement shall constitute waiver by MP4FM of any provision of this Agreement or prevent MP4FM from subsequently enforcing such provisions. The provisions of this Agreement are severable, and if any provision of this Agreement is determined to be invalid or unenforceable under any controlling body of law, such invalidity or non-enforceability shall not in any way affect the validity or enforceability of the remaining provisions.
MP4FM Contact Information
For customer service questions e-mail MP4FM at firstname.lastname@example.org.
Updated February 5, 2016
Collection of your Personal Information
Last updated: February 5, 2016
We value your trust. In order to honor that trust, Matte Painting for Filmmakers (“MP4FM”) adheres to ethical standards in gathering, using, and safeguarding any information you provide.
We will ask you when we need information that personally identifies you or allows us to contact you ("personal information"). For example, when you register for an event, we will need your contact information as well as financial information such as a credit card number for billing. We will retain your contact information in a user profile.
As is true of most websites, we gather site-visitation data automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.
Use of your Personal Information and Other Data
Non-Identifiable Data: We use our log files to analyze trends, to administer the site, to track users' movements around the site and to gather demographic information about our user base as a whole.
We will merge site-visitation data with anonymous demographic information for research purposes, and we may use this information in aggregate to provide more relevant content. In some limited-entry sections of our site, we will combine site-visitation data with your personal information in order to provide you with personalized content.
Disclosure of your Personal Information
We consider your personal information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your personal information with certain third parties without further notice to you, as set forth below:
Business Transfers: As we develop our business, we might sell or buy businesses or assets. Your personal information may be transferred to a buyer or other successor in the event of a corporate sale, merger, reorganization, dissolution or similar event in which personal information held by us about our site users is among the assets transferred.
Agents, Consultants and Related Third Parties: We hire other companies to perform certain business-related functions. When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function. For instance, we use an outside credit card processing company to bill you for goods and services. These companies are not permitted to use any personal information that we share with them for any other purpose aside from providing services to us.
Legal Requirements: We reserve the right to disclose your personal information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our site.
We will take reasonable steps to ensure that we only collect that personal data that is relevant for the purposes for which it is to be used. This means that we only collect information that is necessary for us to provide you with our services through our website. Furthermore, we will not process your personal information in a way that is incompatible with these purposes.
Control of your Personal Information
The vast majority of our communication with you will occur through email newsletter of which you may unsubscribe at any time.
We will occasionally email notices such as date changes for events for which you have enrolled. You will not be able to choose to unsubscribe to these mailings, as they are considered an essential part of the service you have chosen.
Access to your Personal Information
We will provide you with the means to ensure that your personal information is correct and current. If you have filled out a user profile, we will provide an obvious way for you to access and change your profile from our site. We will even allow you to completely delete your profile along with all personal information associated with that profile, although this option will not be available if you are registered for pending events or services. If you wish to make this request, please contact us at email@example.com.
If you would like view your personal information that we hold at any time, you may access your profile from our website.
Security of your Personal Information
The security of your personal information is important to us. When you enter sensitive information (such as a credit card number) on our registration forms, your information is sent over an authenticated and encrypted connection using the Secure Socket Layer (SSL).
We store your personal information only on servers with limited access that are located in controlled facilities, and use a variety of technologies and procedures to protect your personal information from loss, misuse, and unauthorized access, disclosure, alteration and destruction. Nonetheless, no communication via the Internet can ever be 100% secure. Accordingly, you are advised to use caution and discretion when determining what personal information to disclose to us via the site.
If you have any questions about security on our site, contact us as follows:
If you reject cookies, you will not be able to access our site.
Anti-Spam Policy/Opt-out Choice
We are committed to providing users of this site with the choice to receive or not receive marketing-related e-mails and/or communications from us. We only send commercial e-mails to registered users, subscribers and affiliates with relationships with MP4FM and its team. We offer e-mail recipients the opportunity to opt-out of further communications in every commercial e-mail. Please note that we may not include the opt-out information in e-mails that are transactional in nature and are not marketing communications (i.e., e-mails concerning your order, the website's Terms and Conditions of Use, etc.). If you have questions or concerns regarding a non-commercial e-mail, please contact us.
Links to Other Web Sites
Questions or comments regarding this policy should be submitted to the MP4FM by e-mail or phone as follows: