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ARTICLE I
DEFINITIONS The following words and terms when used in this Terms and Conditions or any amendment or supplement hereto shall, unless context clearly otherwise indicates, have the following meanings: 1.1 Film Festival. The competition and celebration of art more formally referred to as Animalis Fabula Film Festival - AniFab. 1.2 Film. Any video, photography, media, and/or other content, digital or otherwise of any kind submitted to the Film Festival. 1.3 Submission Platforms. Any and all submission platforms used by the Film Festival for purposes of Project Owners submitting their Projects to the Film Festival, including but not limited to FilmFreeway. 1.4 Project. Any and all film / video / key art submissions submitted to the Film Festival. 1.5 Project Owners. Any and all individuals, groups, and/or entities that have any ownership interest, claims, licenses, and/or any other legal interest in any Project submitted to the Film Festival. 1.6 Festival Committee. The committee of individuals authorized by Animalis Fabula Film Festival and its organizers to organize, administer and oversee Animalis Fabula Film Festival. The use of the word film should be considered synonymous with any video, photography, media, or other content, digital or otherwise, of any kind submitted to this entity. AniFab is an entity with many parts to it; these parts include a live festival, and may also include social media pages hosted by World Animal Awareness Society, WA2S Films, and AniFab , any potential screenings and awards ceremonies, any live festivals, any web or mobile applications, and any event conducted by AniFab in conjunction with the materials submitted to this page. Please be aware that by submitting to Film Festival, you are agreeing to allow Film Festival to use all / any portion of films submitted to Film Festival at the discretion of the entity AniFab . We retain these rights from the moment your film is submitted to the festival. Online posts and content may be removed upon request at the discretion of the entity AniFab. When we are referring to submission platforms, we refer to FilmFreeway or any other submission platform. For the purposes of these terms and conditions, reference between any of these submission platforms should be considered synonymous with one another; our terms are the same across all submission platforms that work with the entity AniFab. Any aspect of the festival is subject to change at the discretion of the Festival Director or Film Festival team. These aspects include Award Categories, Submission Deadlines, Potential Venues, online festivals and/or web and mobile applications, Category and Entry Fees, Award Recipients, Awards & Prizes, and the Selection Status of your film. By submitting to Film Festival, you agree to sign the email address associated with your submission to our mailing list, for which we have full discretion and ownership. ARTICLE II TERMS AND CONDITIONS I, the authorized representative of the Project being submitted to the Film Festival for consideration, hereby acknowledge the following: 1. I, the representative of the Film being submitted acknowledge and agree as follows in connection with the film submitted for consideration for the Film Festival: 2. I represent, guarantee and warrant to the Festival that: (a) I am duly authorized, on my own behalf, on the behalf of all Project Owners, to submit, enter, exhibit this Film and/or Project to the Film Festival; (b) The submission, entry and exhibition of the Film and/or Project does not and will not violate any law, any persons’ interest in the Film and/or Project, any right or consent of any person and/or entity; AND (c) The Film and/or Project is not subject to litigation nor is it threatened by any litigation. 3. I further represent, guarantee and warrant that, to the best of my knowledge, the submission, entry and exhibition of the Film through the Film Festival will not violate or infringe any copyright, patent, privacy right, publicity right, trademark, service mark or any other personal or property right of any person, group or entity and that my Film does not constitute defamation of any person, group or entity. I have paid and will pay in full all license fees, clearance fees, and other obligations, of any kind, arising from the exhibition of the Film in connection with the Film Festival. 4. In the event that the Project is accepted by the Festival Committee for inclusion in the Festival, I acknowledge, on behalf of myself and the Project’s Owners, that the Film Festivals exhibition or presentation of the Project at the Film Festival does not and will not create any confidential or fiduciary relationship between the Film Festival and myself and/or the Project’s Owners. I further acknowledge, on behalf of myself and the Project’s Owners, that I and we understand that neither I nor any of the Project’s Owners will receive any compensation for submission, entry and/or exhibition, although some prizes at the Film Festival may include cash awards and other assorted prizes. I acknowledge that no obligation of any kind is assumed by or may be implied against, the Film Festival and/or its Parent Company in the event of, by virtue of, or as a result of the Festival Committee’s selection of the Project for inclusion in the Film Festival. I and the Project’s Owners understand and acknowledge that the selection of the Project for inclusion in the Film Festival does not and will not in any way constitute an express or implied endorsement or approval by the Film Festival and/or its Parent Company of the content of the Project or any opinion expressed therein. 5. I agree, on behalf of myself and each of the Project’s Owners, to indemnify and hold harmless the Film Festival, the Festival Committee and its members, and the Parent Company (World Animal Awareness Society, et al) together with each of their parent companies, subsidiaries, affiliates, officers, directors, employees, attorneys, creative advisors, agents and representatives (hereinafter referred to as “Affiliates”), from and against any and all claims, losses, liabilities, damages, fees and expenses (including, but not limited to, reasonable attorneys’ fees and other costs) that may be asserted by any person, group or entity, or may be incurred by the Film Festival, the Festival Committee and its members, the Parent Company and/or any and all Affiliates, at any and all time in connection with the Project or the Film Festival’s use, handling, viewing, consideration, distribution or exhibition thereof, and/or arising from any breach or alleged breach of any representation made by me to the Film Festival, the Festival Committee and its members, the Parent Company and/or any and all Affiliates, including, without limitation, any express or implied representation in these Terms and Conditions. I warrant and agree, on behalf of myself and each of the Project’s Owners, that the Project is being submitted to the Film Festival voluntarily and without promise or inducement, and that the submission of the Project neither imposes nor creates any obligation or responsibility on the part of the Festival, the Festival Committee and its members, the Parent Company and/or any and all Affiliates to accept the Project for inclusion in the Film Festival, to exhibit the Project at the Film Festival, to acknowledge the submission or use of the Project, or to return the Project to me or others. I further agree, on my own behalf and on behalf of the Project’s Owners, that I and the Project’s Owners, and any other representative, person, group and/or entity affiliated with the Project, in submitting the Project for consideration, are collectively waive, forfeit, forgo and relinquish any and all rights that I or we might otherwise have to assert any claim or commence any proceeding in any forum, court or tribunal against the Festival, the Festival Committee and its members, the Parent Company and/or any and all Affiliates, based upon, arising out of or otherwise relating to the submission, entry, exhibition or failure to exhibit the Project (including, without limitation, claims relating to any failure or refusal to exhibit the Project at the Film Festival, the exhibition or marketing of the Project at or in connection with the Film Festival, alleged oral or written representations by the Film Festival or its representatives relating to the submission or exhibition of the Project, and any other matters arising from or relating to the submission of the Project), whether such claims may be based on theories of contract, implied contract, tort, statute, or other legal theory (hereinafter, “Claim”). In the event that any Claim is asserted, or any action, litigation, arbitration or other proceeding is brought or commenced, in violation of these Terms and Conditions, set forth in the immediately preceding sentence, I agree, on my own behalf and on behalf of each of the Project’s Owners, to indemnify and hold harmless the Film Festival from any and all Claims, losses, liabilities, damages, fees and expenses (including, but not limited to, reasonable attorneys’ fees and other costs) that are incurred by the Festival, the Festival Committee and its members, the Parent Company and/or any and all Affiliates as a result of or in connection with any such Claim or any action, litigation, arbitration or other proceeding brought in violation of the representations and agreements set forth in this paragraph. 6. In the event that the Project is accepted by the Film Festival for inclusion in and exhibition through the Film Festival, I hereby grant, on behalf of myself and each of the Project’s Owners, each of the following rights to the Film Festival, the Festival Committee, the Parent Company and any Affiliates, without reservations, conditions or qualifications: (a) The right to use any footage, stills, titles, information and any other aspect from or relating to the Project for promotional purposes; AND (b) The right to issue and authorize publicity concerning the filmmakers, the Film and the Project and to use all associated names, likenesses and biographical information. If the Film Festival or Festival Committee do not receive the Project’s promotional materials directly, the Film Festival, the Festival Committee and its members, the Parent Company and/or any and all Affiliates reserve the right to create promotional materials based on information I and the Project Owners have submitted to the Film Festival through any and all Submission Platforms and any information that provided to the Film Festival, the Festival Committee and its members, the Parent Company and/or any and all Affiliates online regarding the Film, Project and any additional information the Film Festival and/or Festival Committee can find, such as on the Project Owners’ website(s) and social media accounts like Instagram, Twitter, Facebook, etc. I also agree to provide up-to-date contact information pertaining to the director(s) and producer(s) of the Film and Project, and to grant the Film Festival, the Festival Committee and its members, the Parent Company and/or any and all Affiliates at their sole and absolute discretion, the right to provide this information to film industry organizations that sponsor the Film Festival events. 7. If accepted, I hereby grant without reservations, to the Film Festival, the Festival Committee and its members, the Parent Company and/or any and all Affiliates: (a) The right to use footage, stills and/or titles or the Film/Project in its entirety and information from the Film/Project for promotional, public pre-screening, app based or online broadcasting and or post-screening purposes without recourse to the Project Owners, producer(s), director(s), or any other party asserting ownership and/or legal rights of the submitted Film/Project; AND (b) The right to issue and authorize publicity concerning the filmmakers, Project Owners and the Film/Project, including but not limited to, all associated names, likenesses and biographical information. The undersigned and the Project Owners also agree to provide contact information for the director(s) and producer(s) of the Film/Project and grant the Film Festival, the Festival Committee and its members, the Parent Company and/or any and all Affiliates the right to provide this information to film industry organizations sponsoring the Film Festival events at its sole discretion. If and when the Film/Project is accepted for inclusion in the Film Festival, neither the undersigned nor the Project Owners will withdraw the Film/Project submission for any reason or purpose. If the undersigned or the Project Owners contact the Film Festival after selection with enough time for Film Festival, the Festival Committee and its members, the Parent Company and/or any and all Affiliates to accommodate a withdrawal of the Film/Project it may be possible by request, but is not obligatory on the part of the Film Festival, the Festival Committee and its members, the Parent Company and/or any and all Affiliates. 8. Upon submission of the Film/Project and payment for submission to the Submission Platform, the undersigned and Project Owners’ payment information, including the Submission Platform account information, will be handled internally by the Submission Platform and its systems, not by Film Festival, the Festival Committee and its members, the Parent Company and/or any and all Affiliates. The undersigned and Project Owners understand and agree that there is inherent risk in sharing information on the internet. The undersigned and the Project Owners agree represent and warrant they have reviewed the terms of use and privacy policy of any third party to which you are providing financial information and other personal identifying information prior to entering information. Other than the financial information, the undersigned and Project Owners agree to not send any confidential or proprietary information through the Submission Platforms. Any and all information provided or shared with the Film Festival, the Festival Committee and its members, the Parent Company and/or any and all Affiliates, will be deemed NOT to be confidential (“Non-Confidential Information”). For any Non-Confidential Information the undersigned and/or Project Owners do send, transmit, mail, post or submit, the undersigned and Project Owners grant the Film Festival, the Festival Committee and its members, the Parent Company and/or any and all Affiliates, successors, and assignees an unrestricted, royalty-free, irrevocable, worldwide license to use, reproduce, display, perform, modify, transmit and distribute the Non-Confidential Information, and agree that Film Festival, the Festival Committee and its members, the Parent Company and/or any and all Affiliates are free to use any ideas, concepts, know-how or techniques that undersigned and Project Owners send for any purpose and in any manner whatsoever without compensation to the undersigned, Project Owner and/or any other person, group, or entity sending the Non-Confidential Information. The undersigned represents and warrants that it owns or otherwise controls all of the rights to the Non-Confidential Information and that public posting and use of your content by Film Festival, the Festival Committee and its members, the Parent Company and/or any and all Affiliates, successors and/or assignees, will not infringe or violate the rights of any third party. 9. The undersigned and Project Owners are prohibited from posting, submitting or transmitting to or from the Film Festival, the Festival Committee and its members, the Parent Company and/or any and all Affiliates any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, illegal, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. 10. In the event that the Film and/or Project is accepted by the Festival Committee for inclusion in and exhibition at the Film Festival, the undersigned and/or the Project’s Owners may have contractual obligations to any producers, distributors, creators, cast or crew regarding or any other person, group or entity, "festival benefits" (which may include but are not limited to production credits, screening tickets, festival credentials or monetary compensation), the undersigned and Project Owners agree and accept that said “festival benefits” must be administered and distributed by the undersigned and/or the Project’s Owners, and do not impact the nature or quantity of benefits provided by Film Festival, the Festival Committee and its members, the Parent Company and/or any and all Affiliates. 11. The undersigned warrants, represents, and agrees, on behalf of themselves and each of the Project’s Owners, that the Film Festival, the Festival Committee and its members, the Parent Company and/or any and all Affiliates have made no claims, representations or guarantees, and have provided no assurances, in relation to the processes utilized by the Film Festival and/or Festival Committee with respect to selection of Films and/or Projects for inclusion in the Film Festival, and that the submission of the Film/Project neither imposes nor creates any obligation or responsibility on the part of the Film Festival, the Festival Committee and its members, the Parent Company and/or any and all Affiliates to provide the undersigned, the Project’s Owners, or any other parties with comments, feedback or other information pertaining to the viewing or consideration of the Film/Project by the Festival Committee for possible inclusion in the Film Festival. 12. The undersigned warrants, represents, and agrees, on behalf of themselves and each of the Project’s Owners, that by submitting the Film/Project to the Film Festival, they hereby grant the Film Festival, the Festival Committee and its members, the Parent Company and/or any and all Affiliates and all persons employed by, contracted by, or otherwise directly associated with, the irrevocable right to view and/or download all digital assets associated with the Film and/or Project, including, but not limited to, any representation of the Film/Project in the form of video files, still images, assets streamed on the Internet, and/or all other assets and information provided by the undersigned on the application. All digital assets referenced above shall remain active and accessible by the Film Festival, the Festival Committee and its members, the Parent Company and/or any and all Affiliates. Any dissemination of these materials, incidental or otherwise, shall not be the responsibility of the Film Festival, the Festival Committee and its members, the Parent Company and/or any and all Affiliates. 13. The Applicant represent that they are at least eighteen (18) years of age or older, or that, if the Applicant is younger than the legal age to enter into contracts in their state, the Applicant has provided the Film Festival, the Festival Committee and its members, the Parent Company and/or any and all Affiliates with signed, written consent from their parent or legal guardian submitting the Film and/or Project on the Applicant’s behalf. Any and all submissions of Films and/or Projects submitted by a parent or legal guardian on behalf of an Applicant under the age of eighteen (18) years agree to bind themselves to all of the provisions contained herein and agree to accept any and all liability on behalf of the Applicant. 14. Without in any way limiting the provisions or scope of the agreements set forth in paragraph 5 above, I further agree, on behalf of myself and each of the Project’s Owners, that any claim, litigation, dispute or controversy arising out of, in connection with, or otherwise related to the Project and/or Film, the Film Festival, or these Terms and Conditions, including but not limited to, any Claim and/or any other cause of action of any nature arising from the actual or alleged breach of contract, termination, enforcement, interpretation or validity of these Terms and Conditions, as well as the determination of the scope or applicability of this agreement to arbitrate, will be governed by the internal, substantive laws of the State of Texas and will be subject to and submitted to exclusive, binding arbitration before a single arbitrator in Austin, Texas, which shall be the sole and exclusive forum for determination of such claim, dispute or controversy. Such arbitration will be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures then in effect. The arbitrator will be selected by mutual agreement of the parties or, if the parties are unable to agree on an arbitrator, will be appointed by JAMS pursuant to its Streamlined Arbitration Rules and Procedures then in effect. The arbitrator shall issue a written award and, subject to the provisions of these Terms and Conditions hereof, shall have the right to award monetary relief. I specifically agree and acknowledge, however, that the arbitrator shall not have the power to award punitive or exemplary damages, nor shall the arbitrator have the power to order the Film Festival and/or Festival Committee to include the Film and/or Project in the Film Festival or to award other injunctive or non-monetary relief. The arbitrator shall have the power to award, but shall be required to award, to the substantially prevailing party in any such arbitration, its reasonable attorneys’ fees, costs and expenses incurred in connection with the arbitration (including, without limitation, reimbursement of that party’s share of the arbitrator’s fees and JAMS administrative charges). The arbitrator’s award shall be final, binding and non-appealable. Judgment on the arbitrator’s award may be entered in any federal or state court of competent jurisdiction in the United States. In agreeing to this exclusive arbitration provision, I hereby waive, forfeit and relinquish, on behalf of myself and each of the Project’s Owners, any right or entitlement that I or the Project’s Owners might otherwise have had to bring or litigate any claim or claims encompassed by this paragraph in any federal or state court against the Film Festival, the Festival Committee and its members, the Parent Company and/or any and all Affiliates, and further waive, forfeit and relinquish any right to a trial by jury with respect to such Claim or claims. 15. I hereby acknowledge that I have been provided with the right, ability and time to consult with an attorney of my own choosing with respect to these Terms and Conditions and with respect to the Rules and Regulations prior to submitting a Film and/or Project to the Film Festival. By completing my submission application for the Film Festival and Festival Committee’s consideration, I agree that I am doing so after having consulted with an attorney or after I freely or voluntarily elected not to do so without coercion or duress. I further agree to be bound by all the terms and provisions of these Terms and Conditions and to the Rules and Regulations, as either may be amended without notice from time to time. 16. I hereby acknowledge that I have read and understood the Rules and Regulations prior to submitting a Film and/or Project to the Film Festival and that the information contained in said Rules and Regulations does and shall supersede any previous iteration of the Rules and Regulation and information contained in any current Frequently Asked Questions (“FAQ”). 17. By completing my submission application for the Film Festival consideration via a Submission Platform, I and the Project Owners freely and voluntarily give and express my full and complete acceptance of all of the terms and provisions set forth in these Terms and Conditions. I acknowledge that no oral representations, inducements, promises or assurances of any kind, and no representations, inducements, promises or assurances not set forth in these Terms and Conditions, have been made to me or the Project’s Owners by the Film Festival, the Festival Committee and its members, the Parent Company and/or any and all Affiliates. 18. I agree that, unless otherwise specified or requested, the Film Festival, the Festival Committee and its members, the Parent Company and/or any and all Affiliates may send Film Festival submission discounts, special offers, or promotional offers with the e-mail address attached to your submissions. We will not share your information with third parties. For any questions or concerns about the Terms and Conditions or the Film Festival itself, please contact the Festival Committee Director via e-mail at: [email protected] |
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Animalis Fabula Film Festival is a production of WA2S Films, World Animal Awareness Society and World Animal Rescue Network., an award-winning 501c3 United States based media non profit.
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