HDFILMS Video Submission Service Agreement
IMPORTANT NOTE: You must meet the Age Requirements in Section 2 of this Agreement and the Content Requirements in Section 3 of this Agreement and each and every time you submit or attempt to submit a video, among other things, you will be asked to confirm your compliance.
1. Submitting Videos.
We will use the term “video” to mean and refer to any and all content, media and materials you submit to or for the Service directly to us including, without limitation, still photographs, writings, spoken statements, music, audio, video, video recordings, audio-visual works and recordings, slides, portraits, animated and/or motion pictures, caricatures, likenesses, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and to all derivative works, translations, adaptations or variations of same, regardless of the tangible medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in colors, alone or in conjunction with other work, characters, real or imaginary, in any part of the world.
To submit videos to the Service you must upload your video (transmit a copy of the digital video file) through the Internet. Each time you upload or submit your video (or if you attempt to do so) you will be confirming your acceptance of, and agreement to be bound by, all the terms and conditions of this Agreement. The instructions for uploading your video are on the web page provided for the upload of your video. To be considered for posting and display to the public, your video must meet all the specifications and requirements relating to formatting, compatibility, operating characteristics and submission and these can be found on the web page for uploading your videos. In order to submit videos, you will also need to meet our Age Requirements (See Section 2 below) and your video must meet our Content Requirements (See Section 3 below).
When you submit a video to the Service, you may also be asked to provide some information about you and your submission. This may include, without limitation, such things as a descriptive title, some information about the content, length, your location and/or similar information. By submitting your video, you are also agreeing and you understand that the term “video” also includes, without limitation, and refers to all of the information you submit or we may receive that is related to your video and your submission. Always keep a copy of anything you send because we shall not be responsible for lost, damaged, misdirected, unusable or unreadable videos. Proof that you submitted a video does not constitute proof that we received anything.
2. Age Requirements.
3. Content Requirements.
You are solely responsible and liable for your communications and submissions (and the consequences) made under your name, user name, email address, password and your registration and profile information, if any. Videos do not reflect the views of HDFILMS or guarantees the truthfulness, accuracy, or reliability of any video, nor endorses or supports any opinions expressed in any videos, and except for attempting to prevent Unauthorized Content from being displayed, we do not filter or screen any videos. In no event shall HDFILMS have or be construed to have any responsibility or liability for or in connection with any of your videos. If we determine, in our sole discretion, you have not met the Age Requirement (See Section 2 above) or our Content Requirements or if, in our judgment, you or any video you submit violates this Agreement, we reserve the right, at any time, without notice and without limiting any and all other rights we may have under this Agreement, at law or in equity, to (a) refuse to allow you to submit further videos, (b) remove and delete your videos, (c) revoke your registration and right to use the Service and (d) use any technological, legal, operational or other means available to enforce the terms of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration, access using your e-mail address, your user name and password.
We make no claim the Service or any video is appropriate for any particular purpose or audience, or that any video, software or our Service may be accessed, used or downloaded outside of the United States, which may not be legal for certain persons or in certain countries and you do so at your own risk. You are responsible for compliance with the laws of your jurisdiction. The United States controls the export of products and information and you agree to comply with such restrictions and not to export or re-export any videos, information, software, materials, products or services to countries or persons prohibited under the export control laws and regulations.
Neither HFILMS controls any video submitted and, although we may use both automated and manual means of reviewing videos in order to prevent Unauthorized Content from appearing and being displayed, we do not have any obligation to you to review, evaluate or monitor videos for that or any other purpose. HDFILMS reserves the right to review any submitted video and to delete, remove, move, edit or reject, without notice to you, any video that HDFILMS deems, in its sole discretion, abusive, defamatory, obscene, pornographic, in violation of copyright, trademark or other intellectual property rights, to be in violation of this Agreement or to be unacceptable to HDFILMS, for any reason or for no reason whatsoever; provided, however, that HDFILMS shall have no obligation or liability to you for failure to do so or for doing so in any particular manner. If HDFILMS receives notice of any claim of infringement that satisfies specific legal requirements, such as notice and takedown requirements under U.S. copyright, HDFILMS may remove videos associated with such claim. HDFILMS reserves the right to provide information to law enforcement officials, governmental agencies and pursuant to judicial or regulatory compulsion, to protect their respective interests, the Service or to comply with legal, regulatory, audit and compliance obligations.
4. Copyright; Content Requirement Violations; Breach of Agreement.
5. Rights Granted to HDFILMS.
In connection with each and every video you submit to or through the Service, you grant to HDFILMS the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty free right, license, authorization and permission, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed or discovered, in whole or in part, to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, copyright, transmit, modify, supplement, enhance, excerpt, extract, prepare derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of your video on any HDFILMS programming services, including, the Service, and any Websites, channels, television services, and other distribution platforms of HDFILMS (collectively, the “Platforms”), for not-for-profit, commercial, educational or any purpose whatsoever (including, without limitation, for purposes related to HDFILMS, the Service, and the Platforms and/or the promotion thereof) without accounting, notification or other obligation to you, and the right to license and sub-license and authorize others to exercise any of the rights granted hereunder to HDFILMS, in our sole discretion. For the avoidance of doubt, without limiting the generality of the rights granted to HDFILMS, these rights include, without limitation, the right to create derivative works of, distribute and synchronize all or any portion of your video in timed relation to any other visual elements; to web cast, pod cast, re-publish, re-broadcast, re-platform, port, syndicate, route, and link to and from all or any portion of your video; to encrypt, encode and decode, and compress and decompress all or any portion of your video; to edit, mix, combine, merge, distort, superimpose, copyright, create or add special effects, illusions and/or other material to or of all or any portion of your video; to create composite, stunt, comic or unusual photographs, videos, animations, motion pictures and/or voice reproductions from all or a portion of your video; and to excerpt and/or extract portions of your video in order to host, store, index, categorize and display your video on or through the Platforms.
By submitting your video to the Service, in addition to the rights, licenses and privileges referred to above, you are also granting HDFILMS the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty free right, license, authorization and permission to use and refer to your name, logo, marks, image, characteristic or other distinctive identification in presentations, marketing materials, customer lists and financial reports, to do, perform, take advantage of and exploit any and all of the rights set forth herein in connection with the marketing, advertising and promotion of the Service, the Platforms, and any products, goods, features, functions, capabilities and/or services associated with HDFILMS and to use and otherwise exploit any ideas, concepts, content, material, expression or form of expression, in whole or in part, contained in your video, for any purpose whatsoever, without any compensation or accounting to you, in products or services developed by any HDFILMS, without limitation or restriction whatsoever.
The rights, licenses and privileges described in this Agreement and granted to HDFILMS shall commence immediately upon submission of a video to or through the Service (by upload or any other means we make available to you) and continue thereafter perpetually and indefinitely, regardless of whether you continue or remain a registered user or not, unless and until terminated, in whole or in part, by HDFILMS on notice to you. Notwithstanding the foregoing, you acknowledge and agree that HDFILMS shall be required or have any obligation to host, index, display, accept or use any submitted video (or take advantage of any or all of the particular rights and authorities granted or otherwise available) and HDFILMS may, in its sole discretion, remove or refuse to host, index, display, accept, use or do anything at all with respect to any video. Once you submit or attempt to submit your video to or through the Service, whether to or through HDFILMS, you shall have no right to prohibit, restrict, revoke or terminate any of the rights granted to HDFILMS. You are not entitled to and you will not receive any compensation or other consideration for your video or any use made of your video once submitted to or through the Service. You also understand and agree that neither all or any portion of your video, nor any commercial, advertisement, promotional, marketing or other material associated with your video, need to be submitted for approval prior to use.
You hereby release HDFILMS from any and all claims of any rights, encumbrances, liens, claims, demands, actions or suits which you may or can have in connection with your video, including, without limitation, any and all liability for any use or nonuse of the your video, claims for defamation, libel, slander, invasion of privacy, right of publicity, emotional distress or economic loss. HDFILMS have the right to assign, transfer, convey, license, sub-license and otherwise transfer, sub-contract, delegate, outsource or engage third parties to perform or benefit from all or any portion of its or their rights and/or obligations to any one or more other parties, without accounting, reporting, notification or other obligation or liability to you whatsoever, now or in the future. You also forever waive and relinquish all moral rights or droit moral now or hereafter recognized in connection with the video and the rights granted to HDFILMS hereunder.
HDFILMS retains all right, title and interest in and to the Service, including, without limitation, to all associated intellectual property and proprietary rights existing anywhere in the world and you acquire no ownership, proprietary or other rights, title or interest in or to the Service. If HDFILMS provides you with software or other capabilities or makes software or capabilities available to assist you in any download, upload or other process, the software and/or such capabilities is and are provided “as is” without representations or warranties of any kind. You acquire no rights in or to such software or capabilities other than a limited, revocable, non-exclusive and non-transferable license to use same, solely in connection with our Service as specified by us. We will not be liable for malfunctions, loss of data, damage to hardware, programs or devices resulting from use of any software, capabilities or interaction with our Service. You must use your own programs and firewalls to scan all software, to prevent intrusion, viruses, other malicious code and damage. HDFILMS is not responsible for any damage if you fail or are unable to do so.
Except for the licenses, authorizations, consents and rights granted hereunder and described in this Agreement, as comprehensive and broad as they may seem or actually be, HDFILMS acquires no title or ownership rights in or to any videos you submit through the Service and nothing in this Agreement conveys to us any ownership rights in your videos. HDFILMS is acting only as a host, bulletin board or conduit for submitted videos in connection with our Service, with all of the specific rights granted by you hereunder.
You acknowledge that other persons may have submitted videos to us, may have made public or developed, or may originate, submit, make public or develop, material similar or identical to all or a portion of your video or concepts contained therein, and you understand and agree you will not be entitled to any compensation because of the use or exploitation thereof and the submission of a video, or any posting or display thereof, is not any admission of novelty, priority or originality. Even if you subsequently see or learn of a presentation, motion picture, still photograph, film, video or any other content which appears to incorporate any idea or concept or include anything similar or identical to that contained in any video you or anyone else submits to or through the Service, that is purely coincidental and unavoidable.
You agree and acknowledge that the only consideration that you are entitled to is promotional consideration, which you agree and acknowledge is sufficient consideration. HDFILMS reserves the sole and exclusive right to sell advertising and otherwise exploit, benefit from and/or realize revenue from the conduct of its business and hosting and operating the Service and any and all arrangements made with respect thereto, without accounting, obligation or liability to you, notwithstanding that your video may be displayed on or otherwise used by or in connection with the Service.
HDFILMS has the right to assign this agreement or any part hereof to a third party company or production company upon the terms and conditions set forth in this agreement, and any such assignment and transfer shall be made specifically subject to the terms and conditions and payments of this agreement, regardless of whether or not you become or remain involved in the production of the Literary Property as producer or otherwise.
10. Disclaimers and Limitation of Liability.
THE SERVICE IS PROVIDED “AS IS” WITH NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AND YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR VIDEO, THE REPRESENTATIONS AND OBLIGATIONS UNDER THIS AGREEMENT AND FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM YOUR USE OF THE SERVICE. HDFILMS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES CONCERNING ACCESS TO AND/OR THE AVAILABILITY, ACCURACY, USEFULNESS AND/OR SECURITY OF THE SERVICE, ANY CONTENT, MATERIAL, SOFTWARE, INFORMATION, DATA, SOFTWARE, CAPABILITIES MADE AVAILABLE TO YOU, RESOURCES, FACILITIES, PRODUCTS AND/OR SERVICES, AND WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SERVICE WILL FUNCTION OR PERFORM IN ANY PARTICULAR MANNER.
THE SERVICE IS MAINTAINED ON SERVERS IN THE UNITED STATES INTENDED FOR USERS AND USE OF THE SERVICE THAT IS NOT RESTRICTED OR PROHIBITED BY LAW OR REGULATION. HDFILMS DISCLAIMS ALL LIABILITY FOR ANY USE NOT SPECIFICALLY AUTHORIZED OR THAT IS IN VIOLATION OF THIS AGREEMENT OR THE LAWS OR REGULATIONS THAT MAY APPLY TO YOU IN ANY JURISDICTION OR COUNTRY. HDFILMS EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY AND ALL DAMAGES, WHETHER DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER ARISING OR CAUSED, WHETHER FORESEEABLE OR NOT, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OR CHARACTERIZATION OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES.