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Terms and Conditions
ASS. CULT. ART IN VISION - DIGIFESTIVAL.NET, THEREHINAFTER "DF" SUBSCRIPTION AGREEMENT NOTICE TO ALL USERS AND SUBSCRIBERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT ("AGREEMENT") FOR THE SUBSCRIPTION. BY CLICKING THE ACCEPT BUTTON, YOU (EITHER AN INDIVIDUAL, A COMPANY OR A SINGLE ENTITY), THEREINAFTER NAMED THE "ARTIST" CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. IT PROVIDES ALL THE DETAILS AND CONTAINS FEES, RIGHTS, WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE BUTTON THAT INDICATES THAT YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT AND DO NOT SUBSCRIBE AND ENROLL IN THE DIGIFESTIVAL.NET FESTIVAL CONTEST. OR YOU CAN PRINT, FILL, SIGN AND SEND THIS AGREEMENT VIA REGULAR MAIL. Florence - Italy, January/01/2008 AGREEMENT This Agreement is between Associazione Culturale Art in Vision, administrator of the Festival/Contest named as DigiFestival.net, registered and located in via G.B. Amici 19, 50131 - Florence, Italy - CF 94123300488 (Fiscal Code number), thereinafter named "DF": and You, the Artist. {fill in with your contact and personal information ONLY if you intend to print, sign and send this Agreement and your material to DF via mail - otherwise click the Accept button in the Electronic Form}
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________________________________________________ hereinafter named the "Artist": Both ends from now on referred to as the "Parties". WHEREAS a) It is in the Artist's interest to have its content and material, as defined in Art.2 below, promoted and made available to the widest public as possible via the Internet and/or any other suitable media; b) DF, administrator of the domain and URL named "DigiFestival.net" (www.digifestival.net or any subsequent URL which may be added or replace it), is interested to promote the Artist's content and/or material, as defined in paragraph "e" and "f" below, to the audience via the Internet and/or any other suitable media. c) Both DF and the Artist, more specifically, have agreed to allow end users (the public audience) access to watch, listen to the Artist's content and/or material, as defined in paragraph "e" and "f" below, on the DF's web site and its possible associated sites. d) The ultimate purpose of the promotional effort that DF carries out is for the marketing, distribution and promotion of the Artist's content and/or material, Artist's intellectual property and image, as defined in paragraph "e" and "f" below. e) For Artist's content and/or material is intended a video work, musical work, combined video and musical productions and/or other material such as pictures, video clips, live exhibitions and/or portions of live exhibitions, lyrics, biographies, photography, digitalized images and portraits of artistic productions, works of art and/or any other Artist's and content/material related information, from now on to be referred to as the "Work. f) For Artist's image and intellectual property is intended any and all Artist's pictures, logos, trade marks, service marks, trade names and likenesses, from now on referred to as the "Marks". THE ARTIST STIPULATES AND AGREES ON WHAT FOLLOWS Art. 1) - Premises All the above premises play an integral and essential part of this Agreement. Art. 2) - Object of the Agreement The object of this Agreement is bound to the rights related to all the content and/or the material transferred to DF by the Artist as specified below. By submitting its Work, Artist grants DF, its successors, assigns, agents and distributors the rights of a non-exclusive world-wide license to use, reproduce, distribute, display, publicly perform, exhibit, broadcast and transmit the Work according to the formalities thereinafter specified. The Work related to this Agreement must be fully stated and described in "Appendix A" of this Agreement and/or in the "Electronic Form", provided on the DF, web site that will follow the acceptance of this Agreement by the Artist by clicking the "Accept" button. All the mandatory fields provided in Appendix A and/or in the Electronic Form must be filled in full. DF will not publish any Work if any of the mandatory fields of Appendix A and/or the Electronic Form is not properly filled. Appendix A and/or the Electronic Form is in full part of this Agreement. For this purpose, DF shall: I) Copy the Work and Marks and issue, rent or lend those copies to the public; make adaptations of the Work and do any of the above in relation to such adaptations, only in so far as such adaptation is necessary for technical & promotional purposes to change the format of the Work to meet different digital data standards, for example, but without limitations, from their original format to Real Media, Windows Media, Apple Quick Time, MPEG 1/2/3/4 and any future audio/video and digital data format and compression format that will become available; incorporate the Work within other works such as tables, databases and video-compilations and any other promotional mean. In any case DF cannot alter and/or separate the video content from the audio content and vice versa. DF, at its sole discretion, shall publish the Work and/or the Marks in its entirety or in part; II) Use, reproduce, distribute, display, publicly perform, exhibit, broadcast and transmit on behalf of the Artist, any Work and any and all pictures, logos, trade marks, service marks, trade names and likenesses, and the Marks, in connection with the publishing and for the purposes of promotion, marketing or merchandising, combined with DF brands and logos. Artists accepts any adaptation of the Work and the Marks made by DF necessary to guarantee the good functionalities of the publication and the use of the Work and Marks in their integrity at DF discretion and for DF to use in its associated sites. Art. 3) - Ownership a) Artist owns and shall continue to own or control any and all rights of every type, for example but without limitations, copyright, in the Work and Marks free from any claim of any third party. Artist shall, also, be able to give similar licenses to others, even during the period in which this Agreement is effective. b) Where Artist does not already own or control the Work and the Marks, Artist shall obtain and transmit to DF - together with the Work - all releases, consents, assignments and licenses as necessary to enable DF to make the fullest possible use of the Work and the Marks. c) Artist must immediately communicate DF any and all changes in the ownership of the Work and Marks by registered mail at the address stated in Art.15. Artist must also immediately communicate to DF if the Work and Marks will not be available by any means to the Artist and any other event that may limit the right to use such Work and Marks by DF as well as any possible claim promoted by third parties against the use in any form of the Work and/or Marks. The breach of any of the obligations of points a, b and c of this article, determines the right of DF to immediately terminate the Agreement according to paragraph 1456 of the Italian Civil Code and the DF is awarded damages, while the Artist is not entitled to recover any damage. In any case DF, at its sole discretion, reserves the right of publication of the Artist's Work and Marks. DF is also entitled to suspend at its sole discretion the publication of the Artist's Work and Marks at any time and/or in the case that the ownership of the rights of the Work and/or Marks is not demonstrated or is under discussion: in any case Artist is not entitled to any damages for the interruption of the publication. Art. 4) - Artist's Obligations Artist declares and grants that: a) The Work and Marks provided to DF do not infringe, partly or entirely, anybody's copyrights and/or intellectual property. b) Artist is fully entitled to undersign this Agreement. c) Artist may be supplied with a service access code (user ID and Password). Such code is strictly personal and the Artist can never and in any case transfer such code to any other person and/or DF. Breach of such obligation implies the right of DF to immediately terminate the Agreement according to Paragraph 1456 of the Italian Civil Code and DF is awarded the relevant damages. The DF is not responsible for any misuse and/or abuse of such code. Both in relation to the obligations as set forth in this article Artist is bound to assure and relieve DF from any liability and/or damage that may be a consequence of the performance of this Agreement. Art. 5) - Artist Work on the Internet The DF will, at its sole discretion, publish, use, reproduce, distribute, display, publicly perform, exhibit, broadcast and transmit the Work and Marks in order to promote the Artist to the public and make the Work and Marks available to the public. The Work and Marks in object of this Agreement will be offered to the public via the Internet and/or any other suitable media at no charges to the public. Art. 6) - Terms and Conditions of Submission of the Work and Marks All supports containing the Work and Marks delivered to DF must be Copies of the "Original Masters" and marked as "Copy". DF will not be responsible and liable for any "Original Master" and/or any support received and not marked as "Copy". When duplicating the Work and Marks, Artist must use the highest quality support/format available. The accepted supports/formats are: Data CDRom and Data DVD-Rom containing .MOV, .VOB or .AVI files format, Mini DV and consumer VHS tapes. All materials, Work and Marks, should be mailed to the address as stated in Art.15 of this Agreement and/or transmitted to DF via the Electronic Form available on the DF website. Video material such as Work and Marks submitted for inclusion in any of the DF's service may experience a loss in quality due to encoding duplication, data compression and/or editing. Artist warrants that will not hold the DF liable for a drop in quality of all the material submitted for inclusion in any DF publication. DF is not responsible in any way for the storage of the supports containing the Work and Marks. All the supports containing the Work, Marks and all the material shipped to DF will not be returned in any case. Art. 7) - Terms of the Agreement & Termination This Agreement is valid for 1 (one) year from the date of beginning of the festival as stated in Art.8 unless any of the Parties will terminate it in accordance to the clauses included in the Agreement itself or otherwise specified and included in writing in this Agreement. Each part may at any time terminate this Agreement via e-mail to the email addresses stated in Art.15 of this Agreement and confirmed via written notice sent by registered mail to the address stated in Art.15 of this Agreement. The termination is meant to be effective and the Agreement terminated within 30 days from the receipt of the registered mail. When this Agreement is terminated all the rights related to this Agreement will be returned to the Artist and the Work and Marks will be removed from the DF publications and in particular from the DF websites within a reasonable lapse of time in relation to organizational and technical needs of the DF itself. Art. 8) - DF Festival Regulations and Features a) All artists and companies from all disciplines can participate with their Work and Marks realized and/or documented in video with the exception for Works and Marks that may be cause of public and racial offences and contain pornographic or extremely explicit content. In any case the acceptance and publication of the Work and Marks is at DF sole discretion; b) the submitted Work, no longer than 20 (twenty) minutes, will be assigned to one of the 6 (six) Disciplines such as: Music Animation Movies Photography & DigiTal Art Sport (Sport video filmmakers) Videoart The selection of the Discipline will be directly decided by Artist's discretion and the DF will put no limitations to Artist's choices. The list of participating Artists will be published in the Artist selected Discipline section of the DF website in alphabetical order. The Artist will have a personal web page and a web page containing the Work and Marks on the DF web site; c) the submitted Work will be encoded in Windows Media™ technology and published on the Internet on the DF web site in 2 (two) compression qualities and data transfer bit rates in order to be available and be viewed by all kind of audience with Internet connections ranging from analogue modem to broadband; d) the Work and Marks will be published on the DF web site on August 15th 2008 at 00:00 GMT time and will remain available on the DF web site at least for 1 (one) year from such date even though the Festival will close on September 15th 2007. After September 15th 2008 all the Works and Marks will be published on the DigiChannel.net website and remain available on the www.digichannel.net website until Artist removal request. All the previous dates can be changed and/or modified by DF, at DF sole discretion, at any time and for any reason; e) if Artist is a member of a royalty collection society/societies (e.g. SIAE, PRS, SGAE, BMI, ASCAP, GEMA, etc.), Artist must state this in the space provided in Appendix A and in the Electronic Form. If Artist and/or the owner of the Work and/or Marks joins a collecting rights society in the period between the signing of this Agreement and the termination of this Agreement, Artist must inform DF via registered mail to the address as for Art.15 within 15 (fifteen) working days. f) in any case no compensation whatsoever will be granted to the Artist for the publication and enrolment in the DF event, Digichannel.net site and features for himself and his Work and Marks. No compensation will be granted to the Artist on DF's and/or DigiChannel.net revenues deriving from any other means directly or indirectly connected with his image, his Work and Marks and their use as permitted to DF in accordance with this Agreement. Art. 9) - Entry and Publication Fee a) DF festival entry and publication fee is Euro 10,oo (Euro ten/00) if enrolled before the regular deadline placed on July 9th 2008. The extended deadline of August 1st 2008 fee will be of Euro 50,oo (Euro fifty/00). The fees can be changed and/or modified at any time at DF sole discretion; b) the DF Festival will award an Absolute Award and an Award for any artists' Discipline. The 5 (five) Artist's Work to win the prize for the relative Discipline will be selected by DF and eventually by an external team of jurors nominated by DF. The work to win the Award for Absolute Audience DF winner will be given by audience rating. For audience is intended the public that visits the DF web site and expresses its preference for a Work or another through the DF rating system integrated in each and any Artist web page on the DF web site. Art. 10) - Liability a) Artist agrees to indemnify and hold DF, its successors, affiliates, assignees, agents, distributors, licensors and licensees, free from any claim, demand, liability, cost and expense (including reasonable attorney's fees) that arise out of, or result from or is inconsistent with any warranties made by Artist in this Agreement. In no event DF will be liable for incidental, consequential, special, direct or indirect damages. Without limitation of the foregoing it is agreed that DF will have no liability whatsoever for furnishing to the Artist a link between the DF owned and/or affiliated web sites and Artist's web site and/or personal e-mail address, if any. b) DF will not be liable in any case for the malfunctioning and/or any interruption of the publishing and loss of quality in the Work and/or Marks and their partial data transmission due to the malfunctioning of the global broadcast Internet and streaming networks or DF's third party data transmission service providers. The publication will be restored depending on the data transmission service provider conditions. c) DF will not be liable in any case for the malfunctioning and/or any interruption of the publication and loss of quality in the Work and/or Marks and their partial data transmission due to the malfunctioning of the end user terminal modem and/or any other form of user connection to the Internet, the service providers and the global Internet networks. d) DF shall not be liable for: I) for any delay in respect of uploading, upgrading, price changes, or payments; II) for any conflict, in tort, contract, negligence, copyright or otherwise conflict arising out of or in connection with this Agreement for any economic losses (including, without limitations, loss of revenues, profits, contracts, business or anticipated savings); III) for any loss of goodwill or reputation; IV) for any loss or damage, including and without limitation, in direct damages (unless such losses were expressly within the DF contemplation at the date of this Agreement), consequential loss, or loss of profits. e) Neither Party shall be liable in respect of any breach of this Agreement caused by acts of God, including but not limited to acts of terrorism or any dispute, fire, accident, civil commotion, government action, failure of power supply, network failure, lock out, strike, default or failure of subcontractor or supplier. f) Artist acknowledges that the Artist himself is responsible for whatever material, Work and Marks the Artist submits, and the Artist, not the DF, has full responsibility for the message, including its legality, reliability, appropriateness, parental advisory, originality and copyright included in the Work, Marks and/or included in part of the Work and Marks themselves. g) Artist acknowledges that this Agreement covers the DF's provision of publication, therefore the DF bears no responsibility regarding the content of the Work and Marks delivered by the Artist and also DF bears no responsibility should an infringement of intellectual property rights or of law occur. The DF in any case reserves the right to suspend all publications of the Work and Marks in the presence of a third party contestation due to Artist's copyright and intellectual property infringement. The publication will be restored once the Artist will provide the DF with the proper documentation in relation of the Work and Marks ownership. For these cases of suspension of the publication the Artist will not pretend from DF any indemnification whatsoever. h) DF will not be liable in any case for the storage of the supports containing the Work and Marks as consequence of the fact that such supports are only copies of the original masters as stated in Art.6. Art. 11) - Sub-assignment of rights DF may assign or sub-contract to third parties all and/or parts of the Work and Marks, the rights and obligations under this Agreement. This does not affect Artist's rights of termination under Art.7 of this Agreement and DF shall remain primarily liable to the Artist solely for the DF obligations contained in this Agreement. If Artist enters into any of such agreement with a third party, DF will bear no liability and no obligations whatsoever. Art. 12) - Privacy and Personal Information (Law n. 675/96) The DF will collect and archive all the Artist personal and commercial information related to this Agreement, the Work and the Marks and is allowed to use such information for the following: a) for fiscal and tributary obligations; b) to send technical communications to the customers; c) to send commercial information to customers; The nature of the assignment of the rights of the information included in paragraph a, b and c is mandatory in order to accomplish law obligations for the execution of the Agreement hereof. All information shall be used and communicated to other companies related to DF for the purposes hereof. All of the information collected, selected and recorded via electronic format shall and will be used by the terms hereof. DF grants that all activities related to this agreement will be executed in the full respect of the C.D. Privacy, Italian Law 675/1996 and subsequent modifications. Art. 13) - Conclusion of the Agreement The language of this Agreement shall be construed as a whole according to its fair meaning and shall not be strictly construed for or against either of the Parties. This shall constitute the entire Agreement between the Parties and no variation of this Agreement shall be effective unless in writing and signed by both Parties. Appendix A and/or the Electronic Form is in full part of this Agreement. Art. 14) - Applicable Laws This Agreement shall be governed by and construed in accordance with Italian law and any disputes arising out of or connected with it or its subject matter shall be subject to the exclusive jurisdiction of the forum of Florence - Italy. Art. 15) - Domicile For the execution of this Agreement and for any communication thereof, the Parties state the following addresses that can otherwise stated in the Electronic Form provided on the DF website: a. - as for the Artist First and Last name: ________________________________________________ E-mail address: ____________________________________________________ Complete Address: _________________________________________________ Fax number:__________ or the address stated and included in the Electronic Form b. - as for the DF: Ass. Cult. Art in Vision - DigiFestival.net E-mail address: info@digifestival.net Domicile: via G.B. Amici 19, Florence, Italy - 50131 The Artist has read and agreed to be bound by this Agreement either by signing and returning this agreement to the address as stated in Art.15 or by clicking the Accept button provided in the Electronic Form on the DF website. For the Artist
__/__/____
___________ The Artist specifically and expressively accepts and undersigns, according to paragraphs 1341 and 1342 of the Italian Civil Code, the following paragraphs of the Agreement: Art.1 "Premises"; Art.2 "Object of this Agreement"; Art.3 "Ownership"; Art.4 "Artist's obligations"; Art.5 "Artist's works on the Internet"; Art.6 "Terms and Conditions of Submission of the Work; Art.7 "Terms of the Agreement and Termination"; Art.8 "DF Festival Regulations and Features Art.9 "Entry and Publication Fee and Prizes"; Art.10 "Liability"; Art.11 "Sub assignment of rights"; Art.12 "Privacy and Personal Information"; Art.13 "Conclusion of the Agreement"; Art.14 "Applicable Laws"; Art.15 "Domicile". For the Artist
__/__/____
___________ Ass. Cult. Art in Vision - DigiFestival.net - Via G.B. Amici, 19 - 50131 - Florence, Italy info@digifestival.net
I have read and AGREED to the Terms and Conditions