Terms of Use
The short version. You must be 16 or older to use 35mm. Be decent. What you post is yours, and you let us show it in 35mm. There is zero tolerance for abusive or objectionable content: we remove it and can suspend or close accounts that post it. You can report anything and block anyone.
These terms are an agreement between you and Khush Naidu, an individual based in California, who runs 35mm. They cover the 35mm iOS app and this website (together, "35mm"; "we", "us" and "our" mean the person who runs it). You agree to them, and to our Privacy Policy, when you tick the box to agree at sign-up or when we ask you to agree again. If you don't agree, don't use 35mm.
If you live in the US, these terms say that disputes are settled by individual arbitration, not in court or as part of a class action. You can opt out within 30 days. See Disputes.
Who can use 35mm
- You must be at least 16 years old, and at least the minimum age the law where you live sets for using a service like 35mm, if that's higher.
- The date of birth you give when you sign up must be your real date of birth. By agreeing to these terms you confirm that it is.
- You can't use 35mm if we've closed an account of yours before, or if the law where you live doesn't allow you to.
If you're under 18
If you're under 18, or under the age at which you become an adult where you live, you must read these terms with your parent or guardian and have their permission to use 35mm. If you're a parent or guardian and you allow your child to use 35mm, you agree to these terms on their behalf and are responsible for their use of 35mm.
Accounts of people under 18 have extra protections, based on the date of birth given at sign-up:
- They start private. Going public needs a confirmation of who will see their posts.
- Only people they follow back can comment on or react to their posts. Adults they follow back can't send them contact details or links.
- Adults can't invite them to movie nights, tag them, or see their taste match.
- These protections end the month after their 18th birthday. Their settings stay as they were.
A parent or guardian can ask us to delete their child's account by emailing support@35mm.contact.
If you give a false age
Giving a false date of birth breaks these terms. If we have reasonable grounds to believe an account belongs to someone under 16, or that its date of birth is false, we may suspend or delete it without notice.
The protections for under-18s depend on the date of birth you give. If you give a false one, they may not apply to you, and to the extent the law allows, we aren't responsible for what follows from that.
Reporting an underage account
If you believe someone under 16 has an account, report the account from its ••• menu, or email support@35mm.contact with "Underage account" in the subject. If we confirm it, we delete the account and everything in it.
Your account
- Give accurate sign-up information and keep your password to yourself. You're responsible for what happens on your account.
- Don't impersonate anyone, and don't take a username to mislead people or to hold it for someone else.
- You can delete your account at any time in the app, under Settings → Delete account.
Your content
Your reviews, ratings, posts, comments, photos, voice notes, playlists and profile are yours. By posting them, you give us a worldwide, non-exclusive, royalty-free licence to store, display and distribute them within 35mm, and in the share images and links that 35mm makes, only for running and improving 35mm. You can share your own content that way, and because posts on Explore are public, anyone who can see one can share it as an image or link too. The licence ends when you delete the content or your account, apart from copies that others have already shared outside 35mm and backups kept for a short time.
Only post things you have the right to post. If you believe something on 35mm infringes your copyright, see our Copyright Policy.
What isn't allowed
35mm has zero tolerance for objectionable content and abusive users. Don't post or send:
- Harassment, bullying, threats, or content that attacks people for their race, ethnicity, national origin, religion, gender, sexual orientation, disability or any other protected characteristic.
- Sexually explicit material, or graphic violence posted to shock.
- Anything involving the sexual exploitation of minors. We report it to the authorities.
- Content that encourages self-harm, terrorism or illegal activity.
- Spam, scams, or misleading links.
- Other people's private information.
- Content that infringes someone else's copyright or other rights.
- Unmarked spoilers where the app gives you a way to mark them.
Don't misuse the service either: no scraping, automated accounts, attempts to get into other people's accounts, or interfering with how 35mm works.
Reporting, blocking and enforcement
- You can report any review, comment, post, reply, playlist or account, and block any account, from its ••• menu. Reported content is hidden from you straight away.
- Text you post is checked automatically for slurs, sexual content involving minors, sexual violence and encouragement of self-harm, and photos are checked automatically for sexual content, graphic violence and self-harm, before anyone else can see them. Content that fails isn't posted.
- We report apparent child sexual abuse material to the National Center for Missing & Exploited Children (NCMEC), as US law requires, and close the account.
- We review reports and act on objectionable content within 24 hours: by removing it, and where the rules were broken, by suspending or closing the account that posted it.
- We may remove content or restrict an account without notice when that's needed to protect people or 35mm.
Complaints. If you disagree with a decision about your content or account, or with how we handled a report, email support@35mm.contact. A person will look at it, and we'll reply within 14 days.
Film and show information, and other people's work
Film and show details and artwork come from The Movie Database (TMDB). This product uses the TMDB API but is not endorsed or certified by TMDB. Where-to-watch information is provided by JustWatch.
Trailers are YouTube videos played in YouTube's own player. By watching them in 35mm you agree to be bound by the YouTube Terms of Service.
Film titles, posters, stills and other artwork belong to their respective owners and are shown to identify the films and shows you discuss. Their appearance in 35mm doesn't mean those owners endorse 35mm or are connected with it. The same goes for the names and logos of streaming services.
Ending your use of 35mm
You can stop using 35mm and delete your account at any time. We may suspend or close your account, or stop providing 35mm to you, if you break these terms, if the law requires it, or if it's needed to protect people or 35mm. The sections on your content's licence (for copies already shared), false ages, disclaimers, limits on liability, indemnity, disputes and general terms still apply after your account is closed.
Disclaimers
35mm is provided "as is" and "as available". To the fullest extent the law allows, we make no promises or warranties of any kind, express or implied, including that 35mm is fit for a particular purpose, of satisfactory quality, accurate, secure, uninterrupted or free of errors. We work to keep 35mm running and your data safe. We aren't responsible for what other people post or do, on 35mm or off it, or for other services 35mm links to or shows, such as TMDB, JustWatch and YouTube.
We may change or stop features. If we ever shut 35mm down, we'll give notice in the app first.
Limits on liability
To the fullest extent the law allows, we aren't liable for any indirect, incidental, special, consequential or punitive damages, or for lost data, profits or goodwill, arising from your use of 35mm. Our total liability for any claim about 35mm is limited to US$100.
Some places don't allow these limits. Where that's the case, they apply only as far as the law allows. Nothing in these terms limits liability that can't legally be limited, or takes away rights you have as a consumer where you live.
Indemnity
To the extent the law allows, you agree to defend and indemnify us against claims, losses and costs (including reasonable legal fees) brought by someone else that arise from your content, from your breaking these terms or the law, or from false information you gave us, including a false date of birth.
Disputes
Talk to us first. If you have a dispute with us, email support@35mm.contact with a description of it and what you're asking for. We'll try to resolve it informally within 60 days, and so must you before starting a formal claim.
Arbitration (US only). If you live in the US, you and we agree that any dispute about 35mm or these terms that isn't resolved informally will be settled by binding individual arbitration under the Federal Arbitration Act, run by the American Arbitration Association under its Consumer Arbitration Rules. The arbitrator decides any question about whether this arbitration agreement applies or can be enforced, except as set out below.
- No class actions. Disputes are brought only individually, not as a plaintiff or class member in a class, collective or representative action. If this waiver is found unenforceable for a claim, that claim goes to court, not arbitration.
- Exceptions. Either of us may bring a claim in small claims court. Claims about intellectual property, claims for public injunctive relief, and claims of sexual assault or sexual harassment may be brought in court.
- Opting out. You can opt out of arbitration within 30 days of first agreeing to these terms, by emailing support@35mm.contact with your username and "Arbitration opt-out" in the subject.
Law and courts. These terms are governed by the laws of the State of California, apart from its conflict-of-law rules. Disputes that aren't arbitrated go to the state or federal courts located in California, and you and we agree to their jurisdiction.
Outside the US. If you live in the UK, the European Union or elsewhere outside the US, the arbitration and class action terms above don't apply to you. You keep the protection of the mandatory laws of the country where you live, and you can bring a claim in your local courts.
Apple
These terms are between you and us, not Apple. Apple isn't responsible for 35mm or its content, and has no obligation to provide maintenance or support for it. If 35mm fails to meet a warranty that applies to it, you can tell Apple, and Apple will refund the purchase price (if any); Apple has no other warranty obligation. Apple isn't responsible for any claims about 35mm, including product liability claims, claims that it fails to meet a legal or regulatory requirement, consumer protection claims, or claims that it infringes someone's intellectual property. You confirm that you aren't in a country under a US government embargo and aren't on a US government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them.
General
- These terms, the Privacy Policy and the Copyright Policy are the whole agreement between you and us about 35mm.
- If any part of these terms can't be enforced, the rest still applies.
- If we don't enforce a part of these terms straight away, we can still enforce it later.
- You can't transfer these terms or your account to anyone else. We may transfer them to someone who takes over 35mm, and we'll tell you in the app if we do.
- We keep a record of which version of these terms you agreed to, and when.
Changes
If we change these terms, we'll update the date at the top. If the change is significant, the app will ask you to agree to the new terms before you can carry on using 35mm.
Contact
Email support@35mm.contact.