HARD-TO-GET INFO • An event by this name may exist, but we have not been able to find even basic information about it. The listing remains available for your reference.
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.
VMS Terms of Service
Your Agreement with Us: This terms of service agreement (“Agreement” or “TOS”) sets forth the terms that apply (1) to your use of this web site (including but not limited to www.ironroad.com and vmsplay.com) (collectively, “Site”) and (2) to the information, data, text, software, music, audio, photographs, graphics, messages, video messages, news, literary works and other material, television, theatrical and/or other forms of media content (collectively, “Content”), and (3) to the software and other services available on Site or from us, and/or accessible via our distribution platforms including but not limited to our proprietary video message service platform (“VMS”), other Internet delivery methods and platforms or mobile devices, whether via download, streaming, broadcast, transmission, display, software application, “widget,” hardware devices, or otherwise (all above mentioned collectively, “Services”). Services also include all kind on phone messaging which allows viewing, sharing and distributing of video content through a mobile phone and numerous different functions like VMS Partners, VMS Push, VMS Pull, VMS celebrity blogs, etc. For using Services you need to be a Smartphone user. To start using VMS application, you need to download it from the respective mobile phone application store (AppStore, Android-market, etc). Please read this Agreement carefully. You will be subject to the terms of this Agreement if you access or use this Site or register for or use any of Services. If you do not agree to these terms, you should not access or use this Site or register for or use Services. Please pay particular attention to the disclaimer of warranties, limitation of liability and your privacy provisions of this Agreement. Also, please report any violations of the TOS to us at firstname.lastname@example.org. As used in this Agreement, the terms “we” and “us” and “our” refer to Ironroad AB (publ) and its subsidiaries.
Your Uploaded Content: By uploading Content to Site or otherwise Submitting (as defined below) any Content to us, you automatically grant (or represent and warrant to us that the owners of such rights have expressly granted) to us a perpetual, irrevocable, worldwide, royalty-free, nonexclusive, assignable, sublicensable right and license to use, reproduce, modify, add to, subtract from, rearrange, change the title of and edit the Content, publish, sublicense, translate, adapt, modify, compile, make it available to the public, publicly display, publicly perform, create derivative works of and distribute such Content worldwide by means of Site and Services and execute any other moral or economic rights of author of the Content at our sole discretion. You acknowledge receipt of full and proper equitable remuneration in consideration of respective author’s rights, if any and if applicable. The foregoing license (i) does not grant us any ownership of such Content and (ii) does not obligate us to do any of the things that the license permits (for instance, we are not obligated to display your Content). In addition, you represent and warrant to us that: (a) you have the right to grant to us the foregoing license and that all rights of publicity and privacy and all moral rights in such Content have been accordingly licensed or waived, if applicable; (b) that each member of the band, act or group that created or appears in such Content has explicitly consented to your uploading and Submitting the Content and using the band or act’s name, if applicable; (c) that we will owe no residuals, royalties or other fees in connection with making such Content available on Site, except the fees paid to us for providing standard or premium content created by you to the fans and followers of yours and if agreed so in separate agreement concluded in written form between you and us; (d) that such Content does not and will not violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, trade secret, privacy, publicity, moral rights, or other personal or proprietary rights or contain libelous, defamatory, violent, obscene, or otherwise unlawful material; and (e) that you have reached the age of legal competence or majority according to the applicable legislation. 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 start using Services. You understand that the technical processing and transmission of your Content may involve transmission over various networks and technical and format changes to conform and adapt to requirements of the Service. We have no obligation to keep your Content confidential; on the contrary, the purpose of Submitting Content is generally that it be made publicly available. You are solely responsible for the consequences of Submitting your Content. We reserve the right to remove or decline to post any Content without any prior notice to you.
Copyright Infringement: If you believe that anything on this Site infringes your rights under copyright, or your intellectual property rights have been otherwise violated, please contact us at Ironroad AB, Karlavägen 65, 2tr, 114 49 Stockholm, Sweden, Attn: Legal Affairs, or email email@example.com, and provide the following information: a description of the work or other intellectual property that you claim has been infringed; the location (URL or other description) of the infringing material on our Site or the name of person whose video message or any other Content is in your opinion infringing your copyrights, the date of creation this material and description how this is infringing your copyrights; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; a statement by you, made under penalty of perjury of the applicable laws, that the above information in your notice to us is accurate and that you are (or are authorized to act on behalf of) the copyright or intellectual property owner. Your notice to us must contain your physical signature or a legally-binding electronic signature.
Internet Access: In order to use Site and Services, you must at your own expense obtain access to the Internet, pay any service fees and telephone, mobile phone or other telecommunications charges (including but not limited to long-distance charges and wireless charges) associated with such access, and provide all equipment necessary to make such connection to the Internet and VMS, including a computer and modem and mobile phone or other access device.
Mobile Services: If you access Site or Services via a mobile device, you are responsible for any charges that you may incur from your carrier or other third parties. If you provide us with your mobile number, you agree to promptly update it if it changes, so that we or any follower of yours (e.g. if you are an artist and you have your followers and fans following your video blog) do not inadvertently send video messages to someone else who later acquires your old number.
Providing Information to Us: Some Services may require that you provide us with information about yourself (for example, your name, birthday, home address, telephone number, e-mail address, and credit card number). If you choose to use such Services, you agree that all such information you provide will be accurate and that you will keep all such information up to date. You agree to notify us if there is a change in any of the information you provide. You represent that you have reached the age of legal competence or majority according to the applicable legislation. If you have not reached the age of legal competence or majority, you have acquired the prior consent of your parent or legal guardian. Persons not fulfilling above described criteria, are not authorized to use this Site or any Service.
Using Services: You may be needed to provide us with your User ID or username, your account information and password or other login information in order to gain access to certain Services or Sites. You will receive respective data after the registration process is completed. You agree not to disclose your password to others, and to notify us immediately if you believe its confidentiality has been compromised. You agree to log off your account at the end of each session, so that no one else can gain access to Services or Site through your account. We reserve the right to log off accounts that are inactive for an extended period of time. You are responsible for all use made of your account. You may not allow others to access or use Services without our prior written consent.
We may change, add or delete some or all of Services available at this Site without prior notice. Certain Services may be subject to limitations that are not expressly stated in this Agreement (e.g., the maximum size, number, content and duration of storage of Content maintained in our system if any and if applicable; limitations on access; the duration that records are maintained, if at all; the timeliness of information provided by Services). Please check the other portions of this Site for additional details. Any added services shall be subject to this Agreement unless explicitly stated otherwise. Some Services depend on the availability of third party networks and services. We assume no responsibility if this Site or a Service becomes unavailable for any reason or fails to meet your requirements, or if any Service provides inaccurate or untimely information. We do not undertake to store any Content or make it available in any later stage after being sent to you. You are fully aware that we have no obligation to store the content of video messages and VMS overall and there is no service level that we undertake to provide to you and your followers, if applicable. We do not provide any downloading possibilities of Content or VMS. We are not responsible for any hardware or software or connection problems, malfunctions, disruptions, network connectivity suspensions, converting problems of the message, if receiver of Content or VMS is not able to open the message, if SMS/notification will not arrive to addressee and thus addressee is not aware of received Content or VMS, etc. We are not responsible for loosing or deleting your or any other Content or VMS. You undertake to present no claims against us based on the aforementioned. We have unlimited right to use the Content (incl. execute producers’ rights, authors’ rights, etc) for fulfilling our obligations stipulated in this Agreement in different countries and jurisdictions.
Your Compliance with Laws, Site Guidelines and VMS using principles: You agree to comply with all laws, rules and regulations that apply to your use of this Site and Services. You also agree that you and any person with access to your account or password will not, directly or indirectly, in connection with or using Site or Services:
• Violate or breach this Agreement, violate any law, rule or regulation, or facilitate or encourage any third party to do so or use Site or Services in a manner that leads to a government complaint or any other complaint or investigation.
• Abuse, harass, stalk, defame, impersonate, intimidate, humiliate, invade the privacy of, infringe the rights of (including intellectual property, trade secret, publicity, privacy, business, contractual and fiduciary rights) any third party or collect, store or Submit personal data about any third party.
• Harm minors in any way.
• Interfere with the functioning or any other person’s enjoyment of Site, any Service, or any other Web site or any computer, computer software, computer network, telecommunications facility, server, computer database, the Internet, the Web, the Service, or any other system or service owned or controlled by us or any third party (each of which is termed a “System”).
• Sell, use, transmit, create, upload, submit, develop, distribute, post, publish or display (“Submit”) any Content: that we believe is abusive, libelous, obscene, hateful, harmful, threatening, harassing, malicious, discriminatory, misleading, unlawful, offensive, violent, illegal, obscene, pornographic, vulgar, defamatory, offensive, dangerous, tortious, invasive of another's privacy or infringing of another’s copyrights, trademarks, trade secret, rights of privacy or publicity or other rights, or otherwise inappropriate, or that contains nudity or is sexually explicit, or that constitutes or includes “junk mail,” “spam,” “pyramid schemes,” get rich quick or sexual solicitations, chain letters or any unsolicited or unauthorized advertising; that violates this Agreement; or that is or contains, accesses or activates any computer virus, worm, spyware, malware, spam, spim, Trojan Horse or other computer code that intentionally manifests contaminating, destructive, harmful, unexpected, unknown or undesired properties (each of which is termed a “Virus”).
• Send unsolicited e-mail or video messages (including, without limitation, commercial advertising and informational announcements) to any e-mail addresses or mobile phone numbers, if such messages could reasonably be expected or do in fact provoke complaints, or send numerous unsolicited e-mail or video messages with petitions for signatures, or invitations to participate in a chain mail; or post (video) messages, articles and other information on any receiver’s group, forum, e-mail mailing list or other similar group or list which may be considered as spam. You undertake not use Services, Site or VMS for sending out any spam whatsoever.
• Use our copyrights or trademarks without our written permission. See www.ironroad.com for a list of some of our trademarks.
• Use anyone else’s copyrights or trademarks without their permission.
• Copy or download any Content on Site or Services unless we have provided a “Download” button or other mechanism explicitly authorizing you to download the Content, if applicable.
• Use Site or Services for any commercial purposes if you are not the artist, celebrity blogger or content provider and you have not separately concluded written agreement with us that explicitly states that you are allowed to generate the content usable for such purposes.
• Use, copy, reproduce, distribute, transmit, broadcast, display, sell, license, download, or otherwise exploit any Content in any manner not intended by the normal functionality of Site or Services or otherwise as prohibited under this Agreement.
• Circumvent, disable or otherwise interfere with security-related features of Site or Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of Site or Services or any Content.
• Submit anyone else’s financial, medical or other sensitive or confidential information on Site or Services. Sensitive or confidential information includes a person’s sexual orientation or status as transgendered, unless you have the person’s permission or the information is already generally known and any other sensitive information stipulated under applicable law.
• Submit any Content depicting, incorporating, inciting, threatening or encouraging illegal activities, violence, or hate speech, or any Content intended to shock or disgust.
• Attempt to, or actually, breach the security of or test the firewalls or the vulnerability of, or interfere with or disrupt or interfere with any third party’s use of, Site, Service or any System or access an account that does not belong to you or send mass amounts of data or messages (“mail bombs”) to any person or System, with the purpose or effect of impeding the functionality of, or disabling, the recipient System.
• Forge e-mail or video message headers or other identifiers, impersonate another person or entity, or disguise any user name or the source or quantity of e-mail, video message or other transmissions; use any Service as a mail or video message drop for responses by others, or otherwise use Site to facilitate activities by others that violate the intent of this Agreement; or relay e-mail or video message without authority through any third-party system.
• Share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
• Impersonate others, including one of our employees or representatives as well as other users or other people who are not users.
• Provide any false personal information.
• Create an account for anyone else without their permission.
• Transfer your account to anyone else.
• Solicit login information or access an account belonging to someone else.
• Use Site or Services if you have not reached the age of legal competence or majority according to the applicable legislation or if you have not reached the age of legal competence or majority, you have not acquired the prior consent of your parent or legal guardian.
• Use Site or Services if you are a convicted sex offender.
• Take any action that creates possible or actual legal or financial liability for us.
In addition to aforementioned, you warrant and represent that you are fully responsible for all matters and problems related to creating Content and/or VMS in your (mobile) device (e.g. Content and/or VMS was not created properly), for sending out Content and/or VMS (e.g. Content and/or VMS was not sent out to addressees) and you will not present any claims against us based on the aforementioned.
You are aware of the rights belonging solely to us (incl. intellectual property rights related to software, databases, trademarks, logos, etc) and you will not infringe nor allow others to infringe any of the aforementioned rights during the term of this Agreement and after termination of this Agreement between you and us.
Termination or Suspension of Use or Account: We may, with or without notice, terminate or suspend your use of this Site and Services, and/or your account, if you (or any person with access to your account or password) directly or indirectly violate this Agreement or its spirit, or for any other reason in our sole discretion. In addition, violation of this Agreement could result in civil or criminal liability. You agree to comply with the rules of the Systems that you access or use in conjunction with this Site and/or Services. We reserve the right, but shall have no obligation, to reject, move, or delete Content that we, in our sole discretion, believe violates this Agreement, or contains Content, including Viruses, that may interfere with the operation of Site. Each Site user is solely responsible for the content of his or her (video) messages and uploaded Content. We assume no obligation for the actions of any user who violates these guidelines. We may, but have no obligation to, monitor, and/or retain copies indefinitely of, uploaded Content, message boards, messages in any format, chat rooms or other forums or review Content, or messages posted at such locations, to confirm their compliance with these guidelines. We shall have the right, but not the obligation, to disclose Content to any third party if required by law or if we believe reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; or (d) protect our rights, property, or personal safety, or those of third parties.
You agree to: notify us immediately if you become aware of any unauthorized use of your account, any breach in the confidentiality of your account records, or any breach or attempted breach of security involving Site or any of Services; cooperate with law enforcement agencies investigating any unlawful behavior involving your account, Site, or any of Services; avoid accessing or attempting to access the non-public areas of this Site or any other user’s password-protected information; and maintain the security of your computer and the confidentiality of any passwords and security codes related to Services.
Your Safety: Any site or service, including Site and Services, that allows or facilitates meeting and contacting other people obviously involves safety risks. We cannot be responsible for such risks. Please exercise appropriate caution when exchanging personal information or comments, or when agreeing to meet or contact people.
Uploaded Content, Linked Sites and Advertisements: From Site, you are able to access uploaded Content, shared VMS on Site and on Web sites and other Systems provided or operated by third parties. Unless we tell you otherwise in writing, we do not operate or control any such Content or any of the information, products or services on such linked Web sites. You acknowledge and agree that: (i) you access such Content and linked sites at your own risk; (ii) we make no representation or warranty, and assume no responsibility for, Content on Site or Services and any linked site or the actions or omissions of its/their owners, operators or providers; (iii) we make no endorsement of, and assume no responsibility for, Content uploaded to Site or Services or goods or services offered on or advertising on or by any other Web site; (iv) by using Site and Services, you may be exposed to Content that is inaccurate, offensive, indecent or objectionable; and (v) although we may have a contractual or other relationship with the operators of a linked Web site or the providers of Content, we will not be responsible for the content, accuracy, integrity, availability, timeliness or operation of their Web site or Content. You agree to hold us harmless in connection with all of the foregoing and waive any rights you may have against us in connection with the foregoing. In the jurisdictions where waiving such rights is not possible, you undertake not to present any claims against us based on the aforementioned.
Contests: Contests on Site or Services are subject to their own specific rules in addition to this Agreement. Please refer to the applicable page(s) for each contest. By entering a contest, you agree to be bound by its rules and waive any objection to those rules.
Removal of Content: We have the right to remove any Content from Site or Services at our discretion. However, we have no obligation to do so except as may be required by law.
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 firstname.lastname@example.org. 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.