Terms and Conditions for Media Copyright

Acceptance of Terms of Use
 
1. Contract
1.1 By using the Indiefilmchannel.tv website and any products, software, data feeds, and services provided to you on, from, or through the Indiefilmchannel.tv website (collectively the "Service") you signify your agreement to these terms and conditions (the "Terms of Service" presented in this document), are subject to a legally binding contract between you and Indiefilmchannel.tv.
1.2 The contract between the user and Indiefilmchannel.tv consists of the terms and conditions presented in this document and the Privacy Policy of Indiefilmchannel.tv.
1.3 The Terms constitute a legally binding agreement between the user and Indiefilmchannel.tv in relation to the use of the Service provided. It is important to take the time to read them carefully.
1.4 These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service.
2. Acceptance of Terms
2.1 Before you can use the Service, you must agree to the Terms. The Service may only be used, upon your acceptance of the Terms.
2.2 The Terms may be accepted by simply using the Service. You acknowledge and agree that Indiefilmchannel.tv will consider the use of the Service as acceptance of the Terms from that point onwards.
2.3 Users will not be able to use the Service and accept the Terms: (a) that are not of legal age to enter into a contract with Indiefilmchannel.tv, or (b) who are banned or otherwise legally prohibited from using or receive the Service in accordance with Italian law and the laws of the country in which they are resident or from which you access or use the Service.
2.4 We recommend that you print or save a copy of the Terms for your records.
3. Modification to the Terms
3.1 Indiefilmchannel.tv can periodically make changes to the Terms, for example, modifications in legislative or regulatory requirements or features offered through the Service. Therefore, it is advisable to check the Terms regularly for any changes. In the event of non-acceptance of the Modified Terms, you must stop using the Service. In the event that you continue to use the Service after the publication of the Modified Terms, that use will constitute implicit acceptance of the Modified Terms.
4. Indiefilmchannel.tv Accounts
4.1 In order to access some features of the Website or other elements of the Service, you must create a Indiefilmchannel.tv account. When creating your account, you must provide accurate and complete information. It is important to keep your Indiefilmchannel.tv account password secure and confidential.
4.2 You must immediately notify Indiefilmchannel.tv of any breach of security or unauthorized use of your Indiefilmchannel.tv account when it becomes aware.
4.3 You agree that you are solely responsible (with regard to Indiefilmchannel.tv, and with regard to others) for all activity that occurs under your account with Indiefilmchannel.tv.
5. General Use of the Service—Permissions and Restrictions
5.1 Indiefilmchannel.tv with this Agreement authorizes the user to access and use the Service, subject to the following conditions, and the user agrees that the user’s failure to adhere to any of these conditions shall constitute a breach of these Terms on the user’s part:
1. You agree not to distribute in any medium any part of the Service or the Content without Indiefilmchannel.tv's prior written authorization, unless Indiefilmchannel.tv makes available the means for such distribution through functionality offered by the Service;
2. You agree not to alter or modify any part of the website or Service;
3. You agree not to access Content through any technology or means other than the video playback pages of the Service, or other explicitly authorized means Indiefilmchannel.tv may designate.
4. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
5. You agree not to use the Service for any of the following commercial uses unless you obtain Indiefilmchannel.tv's prior written approval:
1. the sale of access to the Service;
2. the sale of advertising, sponsorships, or promotions placed on or within the Service or Content;
3. the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from Indiefilmchannel.tv appears on the same page and is of sufficient value to be the basis for such sales.
6. Prohibited commercial uses do not include uploading an original video to Indiefilmchannel.tv, or maintaining an original video on Indiefilmchannel.tv, maintaining an original channel on the Website to promote business or artistic enterprise, the performance of video through Indiefilmchannel.tv Player or otherwise on a blog or a website authorized to commercials, subject to the restrictions on the advertising requirements of Article 5.1 and any use that is expressly authorized in writing by Indiefilmchannel.tv;
7. You agree that if you use the Indiefilmchannel.tv Player on the website, you may not modify, build upon, or block any portion or functionality of the Indiefilmchannel.tv Player, including but not limited to links back to the Indiefilmchannel.tv website.
8. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the Indiefilmchannel.tv servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
9. You agree you are not permitted to collect or gather any personal information about users of the Website or any Service (and you acknowledge that it will be considered as personal data even account names from Indiefilmchannel.tv);
10. You agree not use the Website or the Service (including comments and the configurations of the e-mail address on the Web site) to solicit business of trade or in connection with a commercial activity;
11. You agree you are not permitted to solicit, for commercial purposes, users of the Website with respect to their Content;
12. You agree that you will not have access to the Content for any reason other than personal, non-commercial use solely as intended through and permitted by the normal functionality of the Service, and solely for Streaming. "Streaming" means a digital transmission of the material by Indiefilmchannel.tv via the Internet towards an Internet enabled device operated by a user in such a way that the data is made available for viewing in real time and are not available for download (either permanently or temporarily), copied, stored, or redistributed by the user;
13. You agree that you may not copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit the Content for any other purpose without the prior written consent of Indiefilmchannel.tv or their respective licensors of the Content.
5.2 You agree to comply with all other provisions of the Terms for the duration of the use of the Service.
5.3 Indiefilmchannel.tv grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Indiefilmchannel.tv reserves the right to revoke these exceptions either generally or in specific cases.
5.4 Indiefilmchannel.tv is subject to continuous innovation in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services that Indiefilmchannel.tv provides may change from time to time without prior notice.
5.5 As part of this continuing innovation, you acknowledge and agree that Indiefilmchannel.tv may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or users in exclusive discretion of Indiefilmchannel.tv, without prior notice. It is possible to stop using the Service at any time. You will not be informed specifically by Indiefilmchannel.tv when to stop using the Service.
5.6 You agree that your use of the services shall be at your sole risk. To the fullest extent permitted by law, Indiefilmchannel.tv or any third party for have no responsibility to you under any breach of your obligations under the Terms and for the services (including any loss or damage which Indiefilmchannel.tv may suffer) of any such breach.
6. Copyright Policy
6.1 Indiefilmchannel.tv operates a clear copyright policy in relation to any Content alleged to infringe the copyright of a third party. Details of that policy can be found here: copyright.
6.2 As part of Indiefilmchannel.tv's copyright policy, Indiefilmchannel.tv will terminate user access to the Website if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.
7. Content
7.1 As a Indiefilmchannel.tv account holder you may submit Content to the Service. You understand that Indiefilmchannel.tv does not guarantee any confidentiality with respect to any Content you submit.
7.2 You retain all of your ownership rights in your Content. However, by submitting Content to Indiefilmchannel.tv, you hereby grant a limited license to Indiefilmchannel.tv and users of the Service. These are described in Article 8 of these Terms (Rights licensed user).
7.3 You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. Indiefilmchannel.tv does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Indiefilmchannel.tv expressly disclaims any and all liability in connection with Content.
7.4 You affirm, represent, and warrant that you own or have (and will continue to have during the use of the Service) the necessary licenses, rights, consents, and permissions which are required to enable Indiefilmchannel.tv to use your Content for the purposes of providing the service of Indiefilmchannel.tv, and otherwise use the Content in the manner forecast by the service and these Terms.
7.5 You agree that your conduct on the Website (and the contents of any Content you add) will conform to the Indiefilmchannel.tv Community Guidelines, available to view at http://Indiefilmchannel.tv, periodically updated.
7.6 You agree not to publish or upload Content that contains material that is illegal to possess in Italy as well as in the country where you are a resident, or which it would be illegal to use or possess Indiefilmchannel.tv in relation to the provision of the Service.
7.7 You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Indiefilmchannel.tv all of the license rights granted herein, referred to in article 8.1.
7.8 Indiefilmchannel.tv may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.
7.9 You further acknowledge and agree that while using the Service you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable. You agree to waive any right or legal or equitable remedy, which you have or may have against Indiefilmchannel.tv with reference to any such Content.
7.10 You (Director/provider) must upload the original version of your work with subtitles in English or in Italian.
7.11 Video Specifications - File extension: .mp4 - Codec: H.264 - Frame rate: 24, 25, or 30 FPS- data speed (data rate): 1500 Kbps - Resolution: 1280 x 720 (720p) - Pixel Aspect Ratio : 1:1 (Square pixels)
Audio Specifications- Codec: AAC (Advanced Audio Codec) - Data rate: 320 kbps-Sample rate: 44.1 kHz
Maximum Size: 1GB for short films - 2 GB for feature films
8. User Rights
8.1 When you upload or post Content on Indiefilmchannel.tv, you are also granting:
1. by submitting Content to Indiefilmchannel.tv, you hereby grant Indiefilmchannel.tv a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Indiefilmchannel.tv's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels;
8.2 The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service.
9. Indiefilmchannel.tv Website Content
9.1 With the exception of Content submitted by the user on the Service, all other Content on the Service are, in turn, owned by or licensed to Indiefilmchannel.tv and are subject to copyright, trademark rights and other intellectual property rights of Indiefilmchannel.tv or Indiefilmchannel.tv’s licensors. Any trademark or service mark of others presented in Content not uploaded or posted by the user, is a trademark or service mark of their respective owners. Such content can not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes without the prior written consent of Indiefilmchannel.tv or, where applicable, Indiefilmchannel.tv’s licensors. Indiefilmchannel.tv and its licensors reserve all rights not expressly granted on, and with respect to their contents.
10. Hyperlinks from Indiefilmchannel.tv
10.1 The Services may include hyperlinks to other websites that are not owned or controlled by Indiefilmchannel.tv. Indiefilmchannel.tv has no control over, and assumes no responsibility for, the content privacy policies, or conditions of any third-party website.
10.2 You acknowledge and agree that Indiefilmchannel.tv is not responsible for the means of any external sites or resources, and does not endorse any advertising, products, or other existing materials from such websites or resources.
10.3 You acknowledge and agree that Indiefilmchannel.tv is not responsible for any loss or damage of any kind incurred as a result of your accessibility of these external sites or resources, or in connection with reliance on the completeness, accuracy or existence of any advertising, products or other materials on or available from such websites or resources.
10.4 Indiefilmchannel.tv invites users to be alert when they leave the Service and to read the terms and conditions and privacy policy of any website they visit.
11. Account Termination Policy
11.1 I The Terms will continue to be in force until terminated by either you or Indiefilmchannel.tv as set out below.
11.2 If a user wishes to terminate his contract with Indiefilmchannel.tv, he may do so in the following ways: (a) by notifying Indiefilmchannel.tv at any time and (b) by closing his Indiefilmchannel.tv account.
11.3 Indiefilmchannel.tv may at any time terminate the present contract with a user if:
1. A user has breached any provision of the Terms (or has acted in a manner which clearly shows that he is not going to, or is unable to, comply with the provisions of the Terms);
2. Indiefilmchannel.tv is obligated to do so by law (for example, when the provision of the service towards the user is, or becomes, unlawful).
11.4 Indiefilmchannel.tv may at any time terminate the present contract with a user if:
1. Indiefilmchannel.tv is no longer willing to provide the service to users in Italy as well as the country in which the user is a resident, or from which the user uses the service;
2. the provision of the service towards the user by Indiefilmchannel.tv both, according Indiefilmchannel.tv, is no longer advantageous from the commercial point of view
and in both cases presented in 11.4, Indiefilmchannel.tv shall, where possible, send notice of such dissolution with reasonable time.
11.5 When these Terms come to an end, all of the legal rights, obligations, and responsibilities of the user and Indiefilmchannel.tv have benefited from, or which have been subject to (or which have accrued during the period of the Terms validity), or for which it is expressly provided for the continuation of indefinite duration, will not be affected by this cessation, and the provisions of Article 14.6 shall continue to apply to such rights, obligations and liabilities, indefinitely.
12. Warranty Disclaimer
12.1 Nothing in the Terms will affect any rights provided by law, to which the user has the right to as a consumer, and that cannot be modified or waived by agreement.
12.2 The Service is provided "as is" and Indiefilmchannel.tv makes no guarantees or declarations with respect to it.
12.3 In particular Indiefilmchannel.tv does guarantee or declare that:
1. the use of the service meets the needs of the user,
2. the use of the Service will be uninterrupted, timely, secure, or error-free,
3. any information obtained by you as a result of your use of the Service will be accurate or reliable,
4. defects in the operation or functionality of any software provided to you as part of the Service will be corrected.
12.4 No conditions, warranties or other terms (including any implied terms of satisfactory quality, suitability, or conformance with the description) apply to the Service unless it is expressly stated in the Terms.
13. Limitation of Liability
13.1 No previsions in these Terms shall exclude or limit the liability of Indiefilmchannel.tv in the event of willful misconduct or gross negligence on the part of Indiefilmchannel.tv and for losses which may not be lawfully excluded or limited under applicable law.
13.2 Subject to overall provision contained in clause 13.1, Indiefilmchannel.tv will not be liable to you for:
1. losses that may have incurred. This includes any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered;
2. loss or damage which you may suffer:
1. to have relied on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services;
2. following the changes that Indiefilmchannel.tv can make to the Service, or for any permanent or temporary cessation in the provision of the Service (or any features within the Services);
3. for the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through the use of the Service;
4. for failure to provide the user with accurate information about a Indiefilmchannel.tv account;
5. for the failure to keep a user’s password or user account details Indiefilmchannel.tv secret and confidential.
13.3 The limitations on the Indiefilmchannel.tv’s liability against the user, referred to in Article 13.2, shall apply in the case in which Indiefilmchannel.tv was aware or should have been aware of the possibility of such a loss and in the case contrary.
14. License & Revenue Share
A licensee will collect all sums derived from the exploitation of the licensed rights on behalf of the licensor. The net payment will be allocated as follows: 30/70 between the licensee and the licensor. The compensation equity is excluded from taxes attributable to the cost of Internet bandwidth used referring to the Indiefilmchannel.tv portal.
The Licensee will notify the licensor of his sum obtained at the end of each calendar year and will pay the licensor the amount due to him within seven days of notification.
15. General
15.1 The Terms constitute the entire legal agreement between you and Indiefilmchannel.tv and govern your use of the Service and completely replace any prior agreements between you and Indiefilmchannel.tv in connection with the Service.
15.2 You agree that Indiefilmchannel.tv may provide you with notices, including those regarding modifications to the Terms, by email, regular mail, or postings on the Service.
15.3 You agree that if Indiefilmchannel.tv does not host or run any of the legal rights or remedies contained in the Terms (or which Indiefilmchannel.tv benefits under Italian law), this will not be regarded as a formal waiver of Indiefilmchannel.tv rights and those rights or remedies will still be available for Indiefilmchannel.tv
15.4 If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.
15.5 You acknowledge and agree that each company in the group to which it belongs to Indiefilmchannel.tv shall be deemed third party beneficiaries to the Terms and that company will have the right to give direct application, and rely upon, any provision of the Terms which confers a benefit (or rights in favor of) them. Outside of this provision, no other person or company shall be a third party beneficiary of the Terms.
15.6 These Terms and the user’s relationship with Indiefilmchannel.tv are subject to Italian law. The parties agree that any legal matter arising from the Terms will be under the exclusive jurisdiction of the Italian courts. Notwithstanding the foregoing, Indiefilmchannel.tv will still be allowed to apply for interim measures or monitors (or equivalent emergency measures) in any jurisdiction.
[ ACCEPT ]
Pursuant to Articles 1341 and 1342 of the Civil Code, you agree to the following provisions of these Terms: 3 (Modification to the Terms); 4 (Indiefilmchannel.tv Accounts); 5 (General Use of the Service—Permissions and Restrictions); 6 (Copyright Policy); 7 (Content) ; 8 (User Rights); 10 (Hyperlinks from Indiefilmchannel.tv) ; 11 (Account Termination Policy) ; 12 (Warranty Disclaimer); 13 (Limitation of Liability), 14 (License & Revenue Share) and 15 (General).
[ ACCEPT ]

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