Terms & Conditions

Last updated: [DATE]

1. Who we are

This website among.earth (the "Site") is operated by among.earth ("among.earth", "we", "us", "our"), [LEGAL ENTITY NAME AND FORM, e.g. "a foundation registered in [COUNTRY] under registration number [XXXXXXX]" / "an association registered under [XXXXXXX]"], with a registered address at [REGISTERED ADDRESS].

‍

You can contact us at info@among.earth.

‍

By using this Site, you agree to these Terms and Conditions. If you do not agree, please do not use the Site.

2. About among.earth

among.earth is an Indigenous-led film residency and production house. It operates through two connected functions, the Residence, the training and mentorship programme, and the Film arm, the in-house production arm. The Site provides information about our mission, values, programmes, films, and community, and allows visitors to apply to programmes, get in touch, and subscribe to updates.

‍

Nothing on this Site constitutes legal, financial, or professional advice, and it should not be relied upon as such. Programme details, application criteria, and timelines on the Site are provided for guidance and may be updated at any time.

3. Using the Site

You agree to use the Site only for lawful purposes and in a way that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Site by, any third party. In particular, you agree not to:

  • use the Site in any way that breaches any applicable local, national or international law or regulation;
  • attempt to gain unauthorised access to the Site, the server on which it is stored, or any server, computer or database connected to it;
  • attack the Site via a denial-of-service attack or a distributed denial-of-service attack;
  • introduce viruses, trojans, worms, or other material that is malicious or technologically harmful; or
  • use any automated system (including bots or scrapers) to access the Site without our prior written consent.

We may suspend or restrict access to the Site, or any part of it, at any time without notice.

4. Intellectual property

Unless otherwise stated, we (or our licensors, including the Indigenous filmmakers and communities we work with) own the copyright, trade marks and other intellectual property rights in the Site and its content, including text, graphics, logos, images, film stills, video and the among.earth branding.

‍

You may view, download and print extracts of the Site for your own personal, non-commercial use, provided you do not modify the content and you retain any copyright and proprietary notices. Any other use, including reproduction, republication, distribution, or commercial use of Site content, requires our prior written permission and, where relevant, the permission of the filmmakers or communities the work belongs to.

‍

Third-party trade marks reproduced on the Site (including partner and funder names and logos) belong to their respective owners and are used with permission or under fair use for identification purposes.

5. Data protection

We collect personal data when you subscribe to updates, apply to a programme, submit a project, use the contact form, or visit the Site (via cookies, see our Cookie Policy for details).

‍

We use this data only for the purpose you provided it, such as responding to your enquiry, processing your application, or sending the updates you have signed up for. We do not sell your data and do not share it with third parties for their own marketing purposes.

‍

Our lawful basis for processing depends on the purpose. For newsletter sign-ups and non-essential cookies, our basis is your consent. For enquiries and applications, our basis is our legitimate interest in responding to you and running our programmes. Where required by law, our basis is legal obligation. Where we rely on consent, you can withdraw it at any time, for newsletter sign-ups by using the unsubscribe link or contacting us, and for cookies via the banner described in our Cookie Policy.

‍

We keep personal data only for as long as necessary for the purpose it was collected, and share it only with service providers who help us run the Site and our communications, such as our website host, mailing list provider, and application form tool, under appropriate safeguards where data is processed outside the EU or EEA.

‍

Under the EU GDPR, you have the right to access, correct, delete, or restrict the personal data we hold about you, to object to processing, and to data portability where applicable. You can exercise these rights, or ask any questions, by contacting us at info@among.earth. You also have the right to lodge a complaint with your local data protection authority.

‍

6. Newsletter and subscriptions

If you subscribe to updates via the Site, we will use your details to send you the communications you have signed up for, as set out in the Data protection section above. We will not share your details with third parties for their own marketing purposes. You can unsubscribe at any time using the link in any email we send you, or by contacting info@among.earth.

7. Third-party content and links

The Site may include embedded film content, video, or links to third-party sites (for example, partner organisations or platforms hosting our films). We do not control and are not responsible for the content, accuracy, or availability of third-party sites, and including a link or embed does not imply our endorsement of it.

8. Disclaimer and limitation of liability

The Site is provided on an "as is" basis. We make reasonable efforts to keep it accurate and up to date, but we do not warrant that it will be uninterrupted, error-free, or free of viruses or other harmful components.

‍

To the fullest extent permitted by applicable law, we exclude liability for any loss or damage arising from your use of, or inability to use, the Site, except where that liability cannot be excluded or limited under applicable law (for example, liability for death or personal injury caused by our negligence, or for fraud).

9. Indemnity

You agree to indemnify us against any claims, losses, or costs arising from your breach of these Terms or your misuse of the Site.

10. Changes to these terms

We may update these Terms from time to time. The "Last updated" date at the top of this page shows when these Terms were last revised. Continued use of the Site after changes are posted constitutes acceptance of the revised Terms.

11. Governing law and jurisdiction

These Terms are governed by the laws of the Netherlands and the European Union. Any dispute arising out of or in connection with these Terms or the Site shall be subject to the jurisdiction of the courts of the Netherlands, without prejudice to any mandatory consumer protection rights you may have in your country of residence under EU law.

12. Contact us

If you have any questions about these Terms, please contact us at info@among.earth.

‍