MCNY – Annual Short Film Festival
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Terms and Conditions
This Agreement of Terms and Conditions is made effective upon your registration and/or electronic uploading and/or provision of any other digitized copy of your film/video submission to the MCNY Annual Media Management Short Film Festival submission page, by and between the Metropolitan College of New York (hereinafter, “MCNY”), of 431 Canal Street, New York, New York 10013 and the individual submitter of a Short Film to the MCNY Annual Media Management Short Film Festival (hereinafter referred to as “Short Film Submitter.”) Metropolitan College of New York and Short Film Submitter are sometimes individually referred to as “Party” and collectively referred to as the “Parties”. WHEREAS, Short Film Submitter will be performing the following services for MCNY: The short film submissions will be allowed to be publicly performed, displayed, used and/or streamed by MCNY on their college website and or at their Annual Media Management Short Film Festival or on third party Facebook™, WordPress or any other Film Festival social network pages, as well as in any digital, visual, video or print advertising or promotional materials; and WHEREAS, in exchange for valuable consideration, Short Film Submitter desires to hold harmless MCNY from any claims and/or litigation arising out of the short film submission being submitted by Short Film Submitter for consideration for participation in the MCNY Annual Media Management Short Film Festival, currently scheduled for April 4 and 5 2013 and providing these services. NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein, MCNY and Short Film Submitter hereby agree as follows: TERMS 1. Hold Harmless. Upon the performance of services by any of its employees, agents, invitees and/or volunteers for the purposes specified herein, Short Film Submitter shall defend, indemnify and hold harmless MCNY from any and all actual or alleged claims, demands, causes of action, liability, loss, damage and/or injury (to property or persons, including without limitation wrongful death), whether brought by an individual or other entity, or imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Short Film Submitter its personnel, employees, agents, contractors, or volunteers in connection with or arising out of Short Film Submitter short film or services. This indemnification applies to and includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees and related costs or expenses, and any reimbursements to MCNY for all legal expenses and costs incurred by it. 2. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, capacity and authority make this Agreement and bind each respective Party. 3. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both parties. 4. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppels or otherwise. 5. Ownership. Short Film Submitter warrants, affirms and represents that he/she is the rightful owner of the copyright of the submission and will own maintain the rights to their project. Short Film Submitter hereby grants MCNY a non-exclusive, royalty-free, sub-licensable and transferable license to use the project to show, publicly perform, display, use and/or stream the submission on the MCNY website and/or at the Short Film Festival and/or on third party MCNY affiliated Facebook, WordPress sites or Film Festival Social Network pages or websites, and/or in promotional material for the Film Festival or school. MCNY will have the right to publicize the project (including snippets of the short film submission) as well as Short Film Submitter’s name and/or likeness for promotional purposes. 6. Content. Submissions may NOT include material that may be considered pornographic, obscene, hateful, violent or advertising a product or any commercial activity or that which would otherwise conflict with the schools mission. Short Film Submitter will be solely responsible for its own content and the consequences of submitting the content for the Short Film Festival. Short Film Submitter hereby also expressly affirms, represents, and warrants that they own or have the necessary licenses, rights, consents, and permissions to publish, use, perform, display or otherwise submit all of the material in the product they submit for consideration in the Short Film Festival. The Short Film Submitter further expressly warrants, affirms and represents that the project submitted does not contain third party copyrighted material, or material that is subject to other third party proprietary rights, for which Short Film Submitter does not have the express and legal permission from the rightful owner of the material and that Short Film Submitter is otherwise legally entitled to use all of the material included in the submission for consideration to the Short Film Festival and grants MCNY all of the license rights granted herein. 7. Submission is electronic signature. The parties agree that by the act of submission of a film to this site, Short Film Submitter explicitly agrees that he/she is agreeing to be bound by the terms and conditions herein, and will have the same effect as if the Short Film Submitter physically executed said document.
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MCNY – Annual Short Film Festival
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