| 1 |
General
Welcome to the Ten Second Film Festival website (the "Website"). These terms and conditions (the "User Terms") apply to your use of the Website. In the case of registered users, we reserve the right to terminate access in the event of unauthorised access or use of an account, or breach (in our opinion) of the User Terms. References to "us" or the Ten Second Film Festival shall be interpreted so as to include our successors, assigns, and licensees. |
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Questions and Complaints
If you have any questions or complaints relating to your use of the Website, or to the User Terms, please contact us in any of the following ways:
email us at info@10secfilmfest.com
write to us at: 10 Sec @ Mobile Media Entertainment, 2 Percy Street , London W1T 1DD |
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Website Content |
| 3.1 |
The copyright in the contents of this Website is owned by or licensed to us, and all trade marks and other intellectual property rights in and relating to the Website are owned by us unless otherwise specified. The contents of this Website (including without limitation text, video, audio, audio-visual material and graphics) may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without our prior written consent, except as stated below. |
| 3.2 |
You may print or download the visible text of an individual page for private and personal non-commercial use only, but you may not make more than one copy of such text electronically or otherwise. You may print copies of the release forms situated on this Website for the purpose of clearing specific rights in any written or audio visual material you may wish to submit. You may not reproduce any other part of the Website, including but not limited to the structure, overall style and program code. |
| 3.3 |
If you would like to apply for permission to distribute or reproduce any part of the contents of the Website other than as permitted in these User Terms please email us at legal@10secfilmfest.com |
| 4 |
Written Material Submitted by You
If you submit written material to us for publication on the Website, you will need to register with us and the following will apply: |
| 4.1 |
publication of any such material will be at our sole discretion. We accept no liability in respect of any material submitted by you and published by us and we are not responsible for its content and accuracy; |
| 4.2 |
You agree to waive your moral rights to enable us to make additions or deletions to the material prior to publication. This will be at our sole discretion and will not substantially change the content of the material. We warrant that any such changes will not include anything that cold be construed as defamatory or obscene. You will retain the right to be named as the author unless you specifically request to have your name removed. |
| 4.3 |
you grant us a non-exclusive, perpetual, royalty-free, worldwide licence to reproduce any material you submit to us in any format and in any media, including without limitation print and electronic format; you warrant to us that any material you submit to us is original to you and that you own the copyright and any other relevant rights in and to the material. You further warrant that the material does not infringe any third party copyright and that you have the right to submit the material to us in accordance with these User Terms; |
| 4.4 |
you warrant that the material you submit is not obscene, offensive, defamatory of any person or otherwise illegal; |
| 4.5 |
we shall not be obliged to treat any material submitted as confidential and may exploit such material as we may think fit. |
| 5 |
Audio-Visual Material Submitted by You
You confirm that you are over 18 and that you are the owner of the rights in the Film. If you are under 18 you must ensure that a parent or guardian submits the Film on your behalf and agrees to the following terms on your behalf.
By submitting any film(s) or audio-visual material (each referred to as the "Film") to us and in consideration of the exploitation opportunities set out in these User Terms, you agree that the following will apply: |
| 5.1 |
You hereby grant to us a non-exclusive, worldwide, royalty free license ("License") to adapt, publicly display, publicly perform, distribute, reproduce and broadcast the Film on or via the internet (the "10secfilmfest"), including any of our authorised online and offline receiving and playback devices that are accessible from the nominated site by any means of transmission (whether now existing or hereafter developed) and to adapt, publicly display, publicly perform, distribute, reproduce and broadcast the Film through mobile phones, in cinemas and via television transmission including but not limited to terrestrial, cable, satellite, digital and any other means of transmission whether existing now or in the future and by any means of mobile phone technology. |
| 5.2 |
You may revoke the License by giving a ninety (90) day written notice ("Revocation Notice") addressed and delivered to us at content@10secfilmfest.com, clearly marking the subject line as "Notice of Revocation". The license shall expire ninety (90) days after receipt of your Revocation Notice; |
| 5.3 |
You also hereby grant to us a non-exclusive, worldwide, royalty free license ("Promotional License") to use excerpts ("Excerpts") of the Film and your biographical information and image for advertising and promotional purposes, including without limitation, the right of public display, public performance, reproduction and distribution in any manner, online or offline materials such as posters. In the event that your Excerpts have been incorporated into the 10secfilmfest advertising or promotional materials ("Materials") prior to receipt of your Revocation Notice, then the Promotional License shall be deemed to be non-revocable for a period of six (6) months from the date that we receive your Revocation Notice. Furthermore, 10secfilmfest shall not be liable for the use of any Materials incorporating Excerpts of your Film which were made or prepared prior to 10secfilmfest receiving your Revocation Notice; |
| 5.4 |
In the event that we consider the Film to be of the quality we require we shall provide you with notice that we may wish to commercially exploit the Film. The following terms shall apply: |
| 5.5 |
On receipt of our notice you agree not grant to any third party any rights in any territory throughout the world to distribute or otherwise exploit the Film online and/or offline, or grant any other electronic media rights or other rights more specifically set out in clause 5.6 below in and to the Film(s) (including any remake, sequel or prequel or spin off) without first consulting with us and we shall have the sole and exclusive first option (the Option) to acquire and exclusively exploit such rights. We shall advise you in writing if we wish to exercise the Option within 60 days of our notice. This is known as the Option Period . In the event you receive bona fide arm's length offers in respect of such rights during the Option Period we shall have the exclusive right to match any offer received by you in respect of such rights so that you shall be obliged to give us immediate written notice of any offer received from a third party together with full details of such offer and we shall have the exclusive option exercisable by notice in writing to you within 30 days of receipt of such notice to enter into an agreement with you upon the same material terms as offered by the third party, and in the event that we shall not exercise the option as aforesaid you will be entitled to enter into an agreement with such third party on terms materially no different than those notified to us; |
| 5.6 |
On exercise of the Option we shall have the exclusive right to market, distribute, publicly perform, publicly display, copy, adapt, transmit, broadcast, lease, license, merchandise and otherwise use and exploit the Film throughout the world for the full period of copyright and any renewals, revivals or reversions thereof in online and offline revenue producing and non revenue producing formats and/or in all media throughout the world (including, but not limited to, DVD, VHS, network television, cable television, satellite television, by digital means, theatrical, airlines, mobile phones, film festivals and movie trailers). |
| 5.7 |
We shall have the exclusive right to use Excerpts of the Film for trailers, promotional and advertising purposes and to use your name, biography and image at our discretion for advertising and promotional purposes in connection with the Film and the 10secfilmfest including without limitation the right to use the same in respect of public display, public performance, reproduction and distribution in any manner including on line, posters, flyers and the like. |
| 5.8 |
The fees for use and exploitation of the Film shall be in accordance with our current rate card (“Rate Card”). The Rate Card shall be amended from time to time. In the event that a particular use or means of exploitation is not covered within the Rate Card we shall negotiate a fee with you in good faith and in accordance with standard industry remuneration. |
| 5.9 |
You warrant and represent to us that you are the sole unencumbered absolute legal and beneficial owner for the full period of copyright and all renewals thereof throughout the world of all rights of copyright and all other rights in the Film(s) and that you are free to submit the Film(s) on the terms set out in these User Terms; |
| 5.10 |
You warrant that you have obtained all consents and releases required from third parties including but not limited to performers, interviewee’s, contributors, writers, producer, director, musicians, composers, owners of the publishing and sound recording rights and locations. |
| 5.11 |
You warrant and represent to us that the Film(s) do not and shall not infringe any copyright, moral rights, right of privacy, right of publicity or any other rights of any other nature of any person and the use by us of the rights as licensed in respect of the Film(s) will not violate or infringe any rights of any third party nor will such use give rise to any third party payments; |
| 5.12 |
You warrant and represent that the Film(s) you submit are not obscene, offensive, defamatory of any person or otherwise illegal; |
| 5.13 |
You warrant and represent that as the author of and owner of rights in the Film(s) you irrevocably and unconditionally waive all rights known as moral rights in respect of the Film(s) to which you now or may in future be entitled pursuant to the Copyright, Designs and Patents Act 1988 and any like rights to which you may be entitled under any legislation now existing or in future enacted in any part of the world; |
| 5.14 |
Film(s) submitted to us on physical media, such as videotape or diskette, will not be returned, will become our property on receipt by us, and may be discarded without notice after one month if not collected. |
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Rights Clearances for Films
N.B. You must have the right to use all of the images and music in your Film. For example, if you did not compose and record your own music, you must obtain clearance for use of the music in the Film. You may have to pay for the right to use music in the Film. If you are in any doubt whether you have the right to use any sound or image in the Film, please refer to the copyright and clearance section of the Website, which provides guidance about obtaining permissions and clearances. |
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Data Protection and Privacy |
| 7.1 |
Any personal data you provide to us will only be used and recorded in accordance with current data protection legislation. We use your personal data to communicate with you, for record-keeping purposes, and to help us develop the Website. We may also use the data anonymously for market research purposes to track site usage and trends, and to improve the usefulness and content of the Website. |
| 7.2 |
We may also use your personal data to provide you with information about services or offers which may be of interest to you from a carefully selected number of associated partners. If you wish to receive such information, please tick the opt-in box provided when your information is taken. |
| 7.3 |
From time to time we may want to share your data with other reputable companies and businesses outside the EEA, Hungary and Switzerland . You agree that we may pass on your information to other reputable companies and businesses with which we are connected. These companies may be located in countries that do not have laws to protect your information. Details of such countries will be provided on request. Alternatively, because we respect the privacy of users of our Website, you can request that we do not share your personal data with these reputable companies and businesses by sending an e-mail message to us at remove@10secfilmfest.com. You acknowledge and accept that we may in future enter into arrangements with third parties under which they may acquire all or a majority of the assets of the company, which may include your personal data. You have the right to request details of any such third party and request that your data be removed prior to any transfer. |
| 7.4 |
You may at any time contact us and request copies of all data relating to you that is held by us. There will be an administration charge of £10.00. |
| 7.5 |
When you visit the Website and enter your name and details, we may send you a cookie. A cookie is a small file that may be placed on your computer's hard disk for record-keeping purposes. It helps us to recognise you when you visit the Website and make use of the service so that the Website can be tailored to your needs. We may also use cookies for the compilation of certain statistics (which do not identify you personally) relating to the use of the service. Such information may include the number of visits, average time spent, and other statistics relating to the service. You may set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. If you decline to accept a cookie, some web pages may not function properly or you may not be permitted to access certain services offered on the Website. |
| 7.6 |
The Website may contain links to other third party sites. Please note that whilst we endeavour to only work with reputable companies and services we are not responsible for the content or any policies or procedures realting to the content of these thirdparty sites. We are also not responsible for the privacy practices of other sites. This privacy policy applies solely to th is Website and information collected by us through the Website. We recommend that you read the privacy statements of every other website that you visit. |
| 8 |
Competitions and E-commerce |
| 8.1 |
You may be offered opportunities on the Website to enter competitions or to purchase goods or services. In order to take part in these activities you may be required to accept further terms and conditions in relation to the provision by us or by third parties of such activities. You will also have to register with us to take part in such activities. |
| 8.2 |
Your dealings with any third parties including but not limited to merchants through the Website and any terms, conditions, warranties or representations of such third parties, are solely between you and the relevant third party and we are not liable in any way for any loss or damage incurred by you as a result of any such dealings. You agree to indemnify us against (without limitation) any loss, costs, damage, expenses, action or claim made against us as a result of your dealings with such third parties. |
| 9 |
Exclusion of Our Liability/ Indemnity |
| 9.1 |
We provide the Website on an "as is" basis. We make no representations or warranties of any kind with respect to the Website or its contents. In addition, we make no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and materials published on the Website. Any liability, however it occurs, for any inaccuracies or errors, is expressly excluded to the fullest extent permitted by law. |
| 9.2 |
The Website is controlled and operated from London and we make no representations that the materials on the Website are appropriate to or available in other locations. You agree not use the Website in breach of any laws or regulations of any national, local, state or federal governments or agencies in any country or jurisdiction in which the content can be viewed or retrieved, or in breach of any international treaties or conventions or any community standards. |
| 9.3 |
You undertake not make any use of the Website such that the whole or part of the Website is interrupted, damaged or impaired in any way or for the transmission or posting of any computer viruses or any material which is defamatory, offensive or of an obscene or menacing character or in such a way as to cause annoyance, inconvenience or needless anxiety or which constitutes a violation or infringement of the rights of any person, firm or company. In the event that you breach your undertaking in this provision we will not hesitate to prosecute you and seek an appropriate remedy through the court. Please note that this could mean a criminal conviction and a hefty fine. |
| 9.4 |
Use of the Website and it’s content is at the user's own risk. We are not liable to you or any third party for any loss or damage suffered as a result of any use of the Website, including but not limited to direct loss, indirect or consequential loss, and loss of profit, howsoever caused (whether arising out of any negligence or breach of these User Terms or otherwise), but not including death or personal injury resulting from our negligence. |
| 9.5 |
The material on the Website does not constitute advice and you should not rely on any material on the Website to make (or refrain from making) any decision or in taking (or refraining from) any action. We accept no responsibility for the content of any advertising material, and individual advertisers are solely responsible for the content of material which is submitted to us, including compliance with any applicable national or international standards, codes of conduct and legislation. |
| 9.6 |
We make no warranty that the Website (or any website which is linked to the Website) is free from computer viruses or any other malicious or impairing computer programs, and you should take your own precautions in this respect. |
| 9.7 |
The Website may also contain links to other websites which are not under the control of and are not maintained by us. We are not responsible for such Websites and cannot vouch for the suitability or accuracy of the content of those websites. We provide these links for your convenience only but do not necessarily monitor or endorse the material on such other websites. |
| 9.8 |
We do our best to provide uninterrupted access to the Website, but we do not guarantee it and accept no liability for any failure to do so. |
| 9.9 |
You agree to indemnify us against all liabilities, costs (including reasonable legal costs), actions, damages, claims and expenses that may arise from any breach of these User Terms by you or your use of the Website. We reserve the right at our own expense to assume the exclusive defence of any matter subject to indemnification by you and as such you agree to co-operate with our defence of such claim. |
| 9.10 |
Without prejudice to 9.1 above our liability under these Terms (whether arising in negligence or otherwise) will not under any circumstances exceed £500. |
| 10 |
Variation
We reserve the right to change these User Terms from time to time, and to notify you by posting the User Terms so changed on the Website. The User Terms so revised will take effect immediately (or such later date as we indicate in such posting). If you do not wish to be governed by the revised User Terms, you must cease to use the Website. |
| 11 |
Assignment
We reserve the right to assign or subcontract any or all of our rights and obligations under these User Terms to a third party. If we exercise this right, we shall name the assignee or subcontractor on the Website. You may not without our prior written consent assign or dispose of any rights or obligations arising under these User Terms. |
| 12 |
No Partnership
Nothing in these User Terms shall be construed as constituting a legal partnership or joint venture between you and us. |
| 13 |
Conflict
In the event of conflict or inconsistency between the English version of these User Terms and any translation provided by us the English version shall prevail. |
| 14 |
Severability
In the event that any term of these User Terms is held to be invalid or unenforceable by judicial decree or decision, the remainder of these User Terms shall remain valid and enforceable. |
| 15 |
Governing Law and Jurisdiction
Use of this Website and these Terms are subject to English Law which shall exclusively govern their interpretation, application and effect. The Courts of England shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with the subject matter of these User Terms. |
This competition is managed, controlled and administered by Mobile Media Entertainment Ltd alone and any correspondence concerning this promotion should be directed at Mobile Media Entertainment Ltd. No purchase required to enter the competition.
1. This competition is NOT open to employees of Mobile Media Entertainment Ltd, or any agency connected with this competition or family members of any of these organisations.
2. You must be over 16 to enter this competition and multiple entries per registration will be accepted in each genre. Entrants must use their existing user name if previously registered.
3. Mobile Media Entertainment Limited reserves the right to reject any entry at its own discretion and without reason.
4. The competition shall run on a recurring monthly basis and annual basis, each month being a calendar month.
5. Each accepted/approved entry will be viewable on the website
6. All entries submitted up to and including 20th day of each calendar month will be placed in the following months' competition. All entries received after the 20th day of each calendar month will go forward as entries to the month after.
7. Proof of sending via email or postcard is not proof of receipt of entry. Mobile Media Entertainment Limited will not be responsible for any loss or damage to the films and no responsibility will be accepted for entries lost, delayed or damaged in the post or lost through technical problems, computer virus or any other interference. Entry can not be accepted if all details are not provided.
8. The monthly prize is an unspecified non cash prize and may change on a monthly basis at the discretion of Mobile Media Entertainment Limited. Details of each monthly prize will be found on the website. The Prize cannot be exchanged for its cash value.
9. Winners will be notified by email.
10. After the conclusion of each months competition the top ten films of that month will be transferred to the archive where they can be viewed.
11. The overall winner chosen by the MME management team.
12. When available there will be a monthly prize for the registered user who votes the most times. In the event of a tie break the voters will be asked to submit a summary in no more than 50 words stating why they voted for their favourite film within 10 days of notification. The winner will be notified by email within 10 days. The judges' decision shall be final. Details of the voter's prize will be posted on the website each calendar month.
13. All prizes can only be dispatched on confirmation of receipt of notification from the winner, who will be asked to confirm their postal address.
14. All prizes must be claimed within 90 days. Thereafter the prize claim will be void and the prize will be allocated to the runner up.
15. Mobile media Entertainment Limited reserves the right to suspend, cancel or modify the competition.
16. When available voters will be subject to a premium rate charge per vote.
17. Winners names and prizes will be posted on the website each month subject to the winners consent.
18. Entrants acknowledge that their entries may be released or displayed to the public by Mobile Media Entertainment Ltd or any agency connected with the competition and the entrant hereby grants all rights necessary for promotion, publication or display of such entries to Mobile Media Entertainment Ltd. Winners agree to grant Mobile Media Entertainment Ltd or any agency connected with the competition the right to use their name and likeness for advertising and publicity purposes without any additional compensation.
19. Mobile Media Entertainment Limited will not be responsible for any misuse of intellectual property by any entrant.
20. The competition shall be governed by the laws of England and Wales
As a leading Mobile Entertainment company, Mobile Media Entertainment Ltd. takes the issue of personal data and privacy extremely seriously. As such, we adhere strictly and exceed current Data Protection regulations to ensure that the information you provide us with is safe and only used for the purposes you requested. Please refer to our privacy statement.
.
For further information please write to:
Competition for the 10 Second Film Festival
Mobile Media Entertainment Ltd
2 Percy Street
London
W1T 1DD
UK
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