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MISSION & OBJECTIVE
The Short Film Channel celebrates the art of short filmmaking in all its forms and genres through a Mobile film festival on VMS.
VMS and the Short Film Channel brings together an international audience and introduces a filmmaker's short films by broadcasting to the worlds mobile phones and iPads.
The festival will offer quality short films giving access to a worldwide audience by enhancing the accessability and appreciation of the art of short cinema.
ABOUT THE FESTIVAL
The Short Film Channel on VMS, vmsplay.com is a new technology that brings short films direct to a worldwide audience on users mobile phone and smart pads (iPads,) allowing filmmakers to have an audience in a new and exciting way.
2012 is the Short Film Channel's inaugural year and will entertain for years to come on this inventive and new broadcast platform.
The Short Film Channel filmmaker's board, made up of industry professionals, will review each film, and after review, selected film will be broadcast and shown to a worldwide audience who have signed up to follow and receive the Short Film Channel on VMS.
Judging on all the films will take place over the course of the year as films are reviewed by a select group of Producer's, directors and filmmakers. Winners will be notified of their prizes in July 2012.
By submitting your film, you must agree to the following terms as set forth under the guidelines of submission once your film has been accepted. Go to www.vmsplay.com/shortfilmfestival for details on the submission process, license and broadcast agreement.
Short Film Channel
P.O. Box 49314
Los Angeles, Ca 90049
First apply to us on on Withoutabox: Short Film Channel and submit your film via Secure Online Screener via WAB, or send in a hard copy screener.
Cole McNamara; Cole McNamara; Cole McNamara; Steven Douglas Smith (Programming Director); Steven Douglas Smith (Programming Director); Steven Douglas Smith (Programming Director)
The Short Film Channel announces the VERY FIRST MOBILE FILM CONTEST; it is a revolutionary mobile phone festival and competition that will broadcast short films to a worldwide audience on VMS. VMS (Video Message Service) is at the forefront of mobile video messaging allowing users of the VMS Short Film Channel APP worldwide to see your short film.
The Short Film Channel has partnered with VMS to launch our festival. VMS is has revolutionized the way we send and receive video messages, i.e. direct to your mobile phone. Consequently we have set up our festival under these guidelines so that your worldwide audience now has the ability to see your film instantly, on an ipad, smartphone, whenever and wherever they are.
VMS can be downloaded as an APP that is available on Blackberry, Itunes (Iphone, Ipad), and Android platforms. By subscribing to the Short Film Channel on VMS:
users will be available to upload their films and have access to an unlimited worldwide audience. Withoutabox subscribers, who wish to have their film reviewed as part of the digital subscription process can be a part of the Short Film Channel's Festival, and if accepted, be included in the contest.
REGISTRATION: Films can be submitted via the digital system on Withoutabox's SOS system and automatically be considered for broadcast.
All short film genres will be considered and reviewed by the organizers. Any pornographic content will be rejected and not broadcast.
Withoutabox users can also download the VMS APP to their mobile smartphone and ipad device, via itunes or the Android Marketplace and see the worldwide Short Film Channel Festival in action, including your own project.
HOW THE VMS SITE WORKS: Imagine a way to communicate your mobile video messages, your short films, up to six minutes in length, could be sent in a few seconds in a video direct to all our worldwide subscribers. That is VMS!
VMS is a fun and quick way to share your film. It's easy and free!. Download from the App Store or Android Market, then upload your short film. You can instantly share it with all of your contacts by sending through VMS.
VMS is more than a message service between people. You can also become a broadcaster yourself; register on this site and you can find entertaining and interesting broadcasts you may want to follow.
Once you've DOWNLOADED THE APP you can instantly share your content directly with the judges on the Short Film Channel by INPUTTING THE TELEPHONE SHORT CODE TO: (81038) in lieu of a telephone number. This is normally where a telephone number would go, but the short code allows videos to be sent directly to the program director for review, and if accepted, your film will be immediately broadcast on the VMS SHORT FILM CHANNEL to the world.
Subscribe and join VMS to upload your videos.
VOTING: This is a worldwide contest and all films submitted will be uploaded and broadcast on the VMS Short Film Channel and considered as part of the festival. Films in each of the categories will be reviewed by a panel of VMS executives, Filmmakers and other VMS subscribers who will create a short list of films in each category that are determined to be of the highest quality and craftsmanship. A list panel of Producer's, Actors and Directors will then review the top 50 films in the contest to determine the winner among these top fifty short films.
By submitting your film, you must agree to the following terms as set forth under the terms and conditions of the submission, license and broadcast ageement listed on our website: www.vmsplay.com/ShortFilmChannel. See Details below.
Thank you very much for applying to our festival and we look forward to seeing your short film.
Short Film Channel on VMS
Santa Monica, California, USA.
Signed and Agreed to as digital signature
TERMS AND CONDITIONS
SUBMISSION, LICENSE and BROADCAST AGREEMENT: See Details
VMS Short Film Channel
Santa Monica, California, USA.
This Submission, License and Broadcast agreement is made as of the date set forth below between Short Film Channel, as part of the www.vmsplay.com website and VMS, the ("Licensor" set forth below in connection with the grant of certain rights to review, license and broadcast (the "Material") program(s) uploaded and broadcast on the VMS Short Film Channel, as defined herein, those short motion picture or television programs set forth in this agreement (the 'Material') over VMS (the Video Messaging Service,) as defined herein, throughout the worldwide Territory, as defined herein, on the terms and conditions hereinafter set forth in this agreement. The parties hereby agree as follows:
I am submitting voluntarily to you herewith certain ideas, proposals, videos, or other creative work, as described on EXHIBIT A attached and uploaded hereto on www.vmsplay.com, and made a part hereof (the “Material”). In consideration of your review (or the review by an appropriate employee designated by you), License and Broadcast of the Material, I hereby acknowledge and agree as follows:
1. 1. My execution of this Submission Release (the “Release”) is a prerequisite to your review of the Material. This Release will cover and govern the Material, regardless of whether the Material is submitted to you by me, directly or indirectly, prior to, following, or contemporaneous with my execution of this Release. No confidential or fiduciary relationship is or will be established by my submitting the Material to you.
2. 2. I warrant that I am the sole creator, author, and owner of the Material and that I have the full right and authority to submit the Material to you. I further warrant that no rights in or to the Material have been granted previously and that your review of the Material will not violate any personal or property of rights of any third party, including, but not limited to, copyright and rights of privacy or publicity.
3. 3. I believe that the Material is valuable, usable, and novel. However, I understand that your consideration and review of the Material is not an admission by you that the Material is valuable, usable, or novel. I recognize that you may have independently created, received, and/or had access to, or may hereafter independently create, receive, and/or have access to, ideas and other creative work from other sources, which may be similar or identical to the Material and I understand and agree that I will not be entitled to any compensation for your use of any such similar or identical idea or other creative work. I further agree that you will not be liable to me for your use of any part of the Material that is neither novel nor legally protected.
4. 4. Notwithstanding the foregoing, I understand that you may use any or all of the legally protected portion of the Material for broadcast on the Short Film channel as part of the VMS broadcast. It is also understood that even though you and I have not entered into an agreement in writing, pertaining to my compensation for your use of the Material, you have the right to broadcast the Material on the Shorts Film Channel as part of VMS in a worldwide capacity to any territory.
5. 5. Notwithstanding anything to the contrary under this Release, I hereby release you of and from any and all claims, actions, damages, losses, and liabilities of any kind whatsoever, now or in the future, that may be made by me that you have used or improperly used the Material or that may arise in connection with the Material.
6. 6. No contract exists between us with respect to the Material, other than that created by this Release. Your consideration of the Material and any discussion we have about the Material does not obligate you in any way to use the Material for broadcast on VMS or to negotiate with or enter into any agreement with me regarding the Material. I understand that I will retain all rights to submit the Material or similar material to persons other than you.
7. 7. I agree to indemnify you against any and all claims, actions, damages, losses, liabilities, and expenses, including reasonable outside attorneys’ fees, arising out of or caused by any breach or alleged breach of any representation, covenant, or warranty made by me hereunder.
8. 8. I have retained a copy of the Material and this Release and I agree that you will have no obligation to return the submitted copy or uploaded content of the Material to me. I hereby release you of and from any liability for loss or destruction of or damage to the Material.
9. 9. Any controversy arising out of or in connection with this Release will be governed by the laws of the state of California, in the United States.
10. 10. This Release, together with Exhibit A hereto, constitutes the final, complete, and exclusive statement of the agreement between us with respect to the subject matter hereof, and supersedes any and all other prior and contemporaneous agreements and understandings, both written and oral, between us. This Release is binding upon me, and my heirs, legal representatives, and assigns.
11. 11. If any provision of this Release is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or any other jurisdiction, but this Release will be reformed, construed, and enforced in such jurisdiction as if such invalid, illegal, or unenforceable provisions had never been contained herein
12. 12. This Release may be supplemented, amended, or modified only by the mutual agreement of both of us, which agreement must be in writing and signed by both of us.
13. 13. In order to have your short film broadcast on the Short Film Channel, licensors: (a) are available only to users age 13 and older; (b) are not available in all countries or languages, (c) may be discontinued without notice; and (d) may be subject to registration requirements, additional fees, or subscription charges. Currently the VMS application and subscription to the Short Film Channel on VMS is a free to subscribe, however, there may be a nominal monthly charge for future use of the VMS Short Film Channel. Please see the Terms of Service agreement on the VMS website:
14. 14. All references to “you” and “your” in this agreement will include you, your parent, subsidiaries, affiliates, employees, agents, successors, and assigns.
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Fees and Taxes: If Site specifies that fees are applicable to your use of Services, then you agree to pay the fees we establish from time to time in connection with Services. You may cancel your account at any time, if not stated otherwise in separate agreement concluded between you and us. We will not refund or pro-rate fees for cancellation, if not stated otherwise in separate agreement concluded between you and us. In the event of any fee increase, you may terminate your account prior to the date the increase becomes effective if you do not wish to pay the increased fee, if no other regulation is stipulated in the separate agreement concluded between you and us. You will be solely responsible for any federal, state or local sales, use, value added or other tax, tariff, duty or assessment levied or imposed arising out of or related to any of the transactions contemplated under this Agreement or on Site (excluding taxes based upon our net income). You will pay directly, or reimburse us for, the amount of such sales, use, value added or other tax, tariff, duty or assessment that we are at any time obligated to pay or collect.
Disclaimer of Warranties: SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER WE NOR OUR SERVICE PROVIDERS MAKE ANY GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND REGARDING SITE, CONTENT, ANY SYSTEM, SERVICES, THEIR AVAILABILITY OR FUNCTIONALITY OR USE, THE GOODS OR SERVICES ADVERTISED BY THIRD PARTIES VIA THIS SITE OR LINKED SITES, OR THE SUBJECT MATTER OF THIS AGREEMENT. ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED TO THE GREATEST EXTENT PERMITTED BY LAW. WE ASSUME NO RESPONSIBILITY FOR THE UNAVAILABILITY OF THIS SITE, FOR VIRUSES, OR FOR INFORMATION PROVIDED BY OR ACTIONS OR OMISSIONS OF THIRD PARTIES. WE DO NOT WARRANT ANY CONTENT AVAILABLE AT OR THROUGH SITE, AND NO SUCH CONTENT SHALL BEAR OR CREATE ANY WARRANTY BY US. THIS IS AN AGREEMENT FOR THE PROVISION OF SERVICES. YOU AND WE DISCLAIM ANY APPLICABILITY OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS. SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF LIMITED WARRANTIES. THIS DISCLAIMER WILL NOT APPLY TO THE EXTENT THAT A WARRANTY IS INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. IN SUCH CASES, THE WARRANTY WILL BE EXCLUDED, RESTRICTED OR MODIFIED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability: You may not be able to access our Site or Services for a number of reasons, such as, but not limited to: causes beyond our reasonable control; natural catastrophes; governmental actions or omissions; laws or regulations; terrorism; labor strikes or difficulties; Viruses created by third parties; communication system breakdowns; hardware or software failures; our inability to confirm your identity or your authority to act; changes that we make in our user access requirements; our inability to procure the supplies or materials needed to support this Site or Services; or our inability to access third party networks, systems and services that we need to communicate with you or provide Services. We assume no responsibility if this Site or any Service cannot be provided, contains errors, or is delayed due to any of these events, or due to an incorrect e-mail address, mobile phone number or other contact information provided by you. The information and services provided by Site or Services are not intended for investing, trading or business purposes, and do not constitute investment advice, or legal, medical or other professional advice. We have no liability for any loss or damage you suffer as a result of relying on Site, Services or any Content provided by either. You assume the entire risk of use of, and all risks as to the quality and performance of, Site, Services and any Content provided by either. We make no representation that the operation of Site or Services will be uninterrupted, timely, secure or error-free. Our aggregate liability to you in connection with this Agreement, Site and Services during any twelve (12) month period will not exceed the greater of one hundred Euros (€100) unless agreed otherwise in separate agreement or the amount of fees we collect from you in connection with the Service(s) in question for the twelve (12) months preceding the cause giving rise to your claim. You agree to notify us promptly at Ironroad AB, Karlavägen 65, 2tr, 114 49 Stockholm, Sweden, Attn: Legal Affairs of any circumstance you believe may form the basis for a claim against us in connection with Site, Services or this Agreement.
WE WILL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR SIMILAR DAMAGES, WHETHER OR NOT THEY ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING CLAIMS FOR LOSS OF GOODWILL, LOST PROFITS, LOST DATA OR CONTENT, LOST USE OF MONEY OR PRODUCTS, STOPPAGE OF WORK, IMPAIRMENT OF ASSETS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, WHETHER ARISING OUT OF BREACH OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE. CERTAIN JURISDICTIONS MAY LIMIT OUR ABILITY TO DISCLAIM RESPONSIBILITY FOR THESE DAMAGES AND LIMIT OUR LIABILITY. THIS DISCLAIMER AND LIMITATION OF LIABILITY WILL NOT APPLY TO THE EXTENT THAT A LIABILITY IS INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE AND AGREE THAT THE FEES (IF ANY) IMPOSED IN CONNECTION WITH SITE AND SERVICES HAVE BEEN SET IN RELIANCE UPON THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET FORTH IN THIS AGREEMENT AND YOUR AGREEMENT TO NOTIFY US PROMPTLY OF ANY PROBLEM.
Release: WE DO NOT GUARANTEE THAT SITE OR SERVICES WILL BE SAFE OR SECURE. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR CONTENT OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND INTRODUCERS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
Third Party Content: We may receive, process, and make available to you Content that we receive from you and others. In this regard, we are merely a passive conduit for such Content, although we reserve the right to block or remove any Content that we believe violates this Agreement. We assume no responsibility for determining the accuracy, reliability, timeliness, ownership, legality, appropriateness or completeness of any information that you or others provide to us, nor for any mistakes, spamming, defamation, slander, libel, omissions, falsehoods, obscenity, violence, pornography or profanity on Site or Services. We will not have a duty to interpret or evaluate any Content transmitted to us or through our Site or Services, except to the limited extent, if any, set forth in this Agreement. We will not be required (by means of any security procedure or otherwise) to detect errors or illegality in the transmission or content of any Content we receive from you or third parties. We will not have a duty to notify you about any inaccuracy, unreliability, ownership, incompleteness or other problem that may be associated with third party Content on our Site or Services, even if we have reason to know of its existence. Use of any Content you obtain from our Site or Services is at your own risk.
Purchases: Site or Services may permit you to purchase goods and services from various third-party online or offline merchants, retailers, vendors, suppliers, services, or individuals (collectively, “Merchants”). The Web pages from which you conduct such transactions may bear our logos, names, trademarks or service marks, or brand identity. Nonetheless, we have no responsibility for any of your transactions with any such Merchants, and make no guarantees, representations or warranties regarding any of them. We shall not be responsible for any loss or damage you or anyone else incurs as a result of such transactions or Merchants.
User Communications and Personalization Settings: Site and Services may permit you to send or receive communications (such as email, video message, chat, newsgroups and the like) and to store Content and personalized settings for various options. We are not responsible for any delay, deletion, alteration, misdelivery or failure to deliver or store any such communications, Content and settings.
Indemnification: You agree to indemnify, defend and hold us, our affiliates, parents and subsidiaries, our advertisers, vendors that assist us in providing Services, and our respective directors, officers, employees, agents and introducers harmless from and against any and all claims, actions, proceedings, liability, damages and costs (including attorney’s fees) (collectively “Claim”) related to or arising out of: (i) your use of this Site or any of Services; (ii) Content you Submit; (iii) our reliance on instructions that are accompanied by your password or security code; (iv) your use of Content made available through this Site or Services by third parties; (v) your breach of any representation, warranty or other provision of this Agreement; or (vi) your violation of any law or the rights of a third party. This paragraph will survive the termination or expiration of this Agreement. You agree to cooperate fully in the defense or settlement of any such claim and not to settle any Claim without our express written consent. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you.
Our Intellectual Property: You acknowledge and agree that the software (e.g. VMS software) and Content used by us in the operation of this Site and provision of Services, and the copyright, patent, trademark, trade secret and all other rights in and to the technology, software, Content, designs, graphics, and trademarks included by us in this Site and as part of Services (collectively, the “Intellectual Property”), are proprietary to us and our licensors (with the exception of Content Submitted by you). As such, you will not gain any ownership or other right, title or interest in or to such Intellectual Property by reason of this Agreement or otherwise. You may use, reproduce, duplicate, copy and distribute the Content found at Site or provided by Services only for your personal, non-commercial use. You agree to comply with the terms of any license agreement we make available to you with any software.
You may not distribute, use, reproduce, duplicate, copy, publish, sell, or otherwise transfer (a) any portion or element of Services or the Intellectual Property (b) use of Site, Services or Intellectual Property, or (c) access to Site, Services or Intellectual Property. You may not (d) create derivative works of any portion or element of Site, Services or Intellectual Property, without our express written consent in each instance; (e) reverse engineer, modify, decompile or disassemble any of the Intellectual Property; (f) deactivate or disable any password protection or other protection, security or reliability technology we incorporate in Site or Services; (g) modify or erase any copyright notice, trademark notice, instruction or other notice we place at Site or Services; (h) engage in the practice known as “screen-scraping” or otherwise attempt to, or actually, obtain copies of Content provided at Site or a list of our Content or Site users, or use computer programs (sometimes known as “scrapers,” “spiders,” “robots” or “bots”) to systematically access and download data; (i) access Services by any means other than via Site or VMS platform; (j) frame Site, VMS or any Intellectual Property; or (k) use any circumvention tools, meta tags or any other “hidden text” utilizing our name, trademark, URL, product name or other Intellectual Property.
Feedback: We welcome your feedback about Site, Services, bug reports, suggestions and the like, but we have no obligation to use them or to compensate or acknowledge you in any way if we do use them.
Termination: We may modify or terminate this Agreement at any time without cause. We may immediately terminate or suspend your use of Site and/or any Services and/or revoke your account if we have reason to believe that you or any user of your account is in violation of this Agreement or any of the user guidelines set forth above or if you fail to pay fees, if any, when due. Following any termination or expiration, you will have no further right to access or use Site or any Service, but the terms of this Agreement will continue to apply to any obligations incurred or arising prior to its termination.
The following sections, among others, shall survive any termination of the Agreement: Your Compliance with Laws, Site Guidelines and VMS using principles; Disclaimer of Warranties; Limitation of Liability; Indemnification; Our Intellectual Property; Time for Bringing Actions; Termination; Forward-Looking Statements Disclaimer; and Miscellaneous.
Investment Disclaimer: The data and other Content on Site and Services are not intended, and should not be relied upon, for trading purposes. Neither we nor our data providers guarantee the accuracy or completeness of any data displayed, nor shall any such party be liable in any way to the user of the data or to any other person for any delays, inaccuracies, errors in, or omission of any such data or the transmission thereof, or for any actions taken in reliance thereon or for any damages arising therefrom or occasioned thereby.
Amendments to Agreement. We may add to, delete from, or change the terms of this Agreement from time to time. We may notify you of the changes by mail, email, VMS or by posting a modified Agreement on our Site. Your continued use of Site or any Service following such notification or posting will constitute your acceptance of the revised Agreement. Accordingly, please check Site regularly for revisions to this Agreement. No obligation or warranty enforceable against us shall be created by any oral statement by any of our employees, members of the board and directors, or agents nor by any email from any of our employees or agents addressed specifically to you (as opposed to a general email from us explicitly notifying you and other users of an change in this Agreement). You may not amend this Agreement.
Modifications to Site and Service. We reserve the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, Site, Services, or any part thereof, with or without notice to you. We shall not be liable to you or to any third party for any modification, suspension or discontinuance of Site or Service.
Applicable Law, Jurisdiction and Venue. The validity, construction, interpretation and legal effect of this Agreement will be governed by the laws of Kingdom of Sweden, without reference to its conflict of law provisions. This Agreement is deemed accepted, executed and performed in Sweden. Site and Services shall be deemed solely based in Sweden; and (ii) Site and Services shall be deemed a passive website that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Sweden. Any dispute or claim arising out of or under or relating to or with respect to this Agreement (incl. breach, termination, invalidity, etc) shall be finally settled by arbitration administered at Stockholm Chamber of Commerce. Where the amount in dispute exceeds 1000 Euros but not 100000 Euros, the Arbitral Tribunal shall be composed of a sole arbitrator. Where the amount in dispute exceeds 100000 Euros, the Arbitral Tribunal shall be composed of three arbitrators. The amount in dispute includes the claimant's claims in the request for arbitration and any counterclaims in the respondent's reply to the request for arbitration. Unless the parties agree otherwise, the arbitration proceedings shall be conducted in Stockholm in the English language. The arbitration decision or award shall be final and binding upon the parties. Any arbitral award may be entered as a judgment or order in any court of competent jurisdiction. We make no representation that the Content in this Site and Services is appropriate or available for use in all locations. You agree to comply with any laws that apply to your access and use of this Site or Services, including laws particular to your locality, state or country.
LIMITATIONS PERIOD. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO SITE OR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Entire Agreement. This Agreement constitutes the entire understanding and agreement between you and us with respect to the subject matter. Despite of the aforementioned, if any separate agreement is concluded between you and us (e.g. messaging service and content production agreement, reseller agreement, agent agreement, introduction agreement) then latter shall prevail in case of any conflict between this Agreement and above mentioned agreement.
No Third Party Rights; Assignment. This Agreement is for the benefit of the parties and our third party Content, software and service providers, each of which shall have the right to enforce its rights hereunder directly and on its own behalf. No other person has any rights under this Agreement. You may not allow others to access or use Services without our prior written consent. You may not sell, assign or transfer your rights or obligations under this Agreement without our prior written consent. We may sell, assign or transfer our rights or obligations under this Agreement to any party at any time without notice.
Notices. You may send notices to us at Ironroad AB, Karlavägen 65, 2tr, 114 49 Stockholm, Sweden, Attn: Legal Affairs, or email email@example.com. We may send notices to you at your postal or e-mail address, or by posting a message to you, or to users generally, at our Site or via VMS.
Severability. If any provision of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement will continue in effect.
Waiver. Any waiver of the provisions of this Agreement must be in writing to be valid. No waiver will occur as a result of a usage of trade, custom or practice or of the course of conduct between the parties. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
Relationship of the Parties. This Agreement does not create any partnership, joint venture, employment or agency relationship, or any fiduciary or confidential relationship between us and you.
Force Majeure. We are not liable for any delay in or failure of performance by us caused by any occurrence beyond the reasonable control of such party including acts of God, natural causes, earthquake, flood, fire, events of force majeure, power or service outages, hardware, software, equipment, system, mechanical or telecommunications failures or errors, acts, omissions or failures of third parties, criminal acts, acts of so-called hackers or crackers, Viruses, denial of service attacks, strikes, riots, labour disturbances, civil unrest, war and governmental restrictions.
Assignment. You will not transfer any of your rights or obligations under this Agreement to anyone else without our prior written consent. All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Compliance with Law. Nothing in this Agreement shall prevent us from complying with the law or excuse you from complying with the law.
Ability to Accept Terms of Service. You affirm that you have reached the age of legal competence or majority according to the applicable legislation and if you have not reached the age of legal competence or majority, you have acquired the prior consent of your parent or legal guardian to enter into this Agreement, and to abide by and comply with this Agreement.
PLEASE PRINT OR DOWNLOAD A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
Effective May 11, 2011. )
16. 16. Any request for removal from the VMS Short Film Channel will be honored by certified letter, written request. Send requests to: VMS Short Film Channel. P.O. Box 49314, Los Angeles, CA 90049, U.S.A
16. 16. I hereby represent that I am executing this Release voluntarily and I fully understand its contents, meaning, and impact.
By uploading your content to the VMS Short Film Channel it is agreed and understood and Signed and Agreed to as digital signature.