TERMS AND CONDITIONS
RIGHTS
Before making your submission to
NON-MULTIPLEX TV you need to make sure that you own the rights of the film or
have acquired full permission to submit the film.
To help you assess this, please review
the following 3 points:
1.
Are you the sole copyright holder of the film?
The first copyright owners of a
They will have to be made aware that the films will be screened on television,
the internet, in film festivals and screenings. They will have to be made aware
that payments will be paid for the screening of your content.
2.
Have you signed any other contracts?
If you happen to have signed any contracts for your film to be shown elsewhere
(e.g. festivals, competitions, broadcast, online,
3.
Clearances
You will only be able to distribute and screen your film on NON-MULTIPLEX TV if
it is ‘cleared’. This means that you have written permission to use everything
and everyone that appears in your film. It is your responsibility to ensure that
you have obtained all the necessary clearances in writing. Failure to do so when
submitting your content will be your sole responsibility.
In addition, the content generated by you or associates, as well as the views,
opinions expressed are yours and unless specifically stated are not those of
NON-MULTIPLEX CINEMA. NON-MULTIPLEX CINEMA is not responsible for the content of
any of those views and opinions expressed via your content. If you consider this
content to be in breach of the NON-MULTIPLEX TV or your rules please alert
NON-MULTIPLEX CINEMA.
Check that the clearances you have obtained include internet use and all
existing and to be invented medias and it should be for use in territories
throughout the world, in perpetuity (indefinitely).
Clearance involves:
Content clearances:
Anything that appears in your film needs to be cleared. Including: products,
logos and brand names; clips, stock footage, tapes and images; font, text and designs;
famous works and people.
Music clearances:
Any music, including published and original music, you use in your film needs to
be cleared.
Actor’s/contributor’s clearances:
Any actor or contributor who appears in your film needs to have signed a
clearance agreement.
SUBMISSION
AGREEMENT
A.1. You (The publisher) agree, by submitting your film, to grant NON-MULTIPLEX
CINEMA during the
licence period an non-exclusive, free licence to encode, digitise, and publish your
film on the NON-MULTIPLEX TV Website, on the NON-MULTIPLEX CINEMA online
community website and platform (widget included) and for such other purposes
(such as publicity related to the NON-MULTIPLEX TV Website) as are expressly
provided for in these rules.
A.2. Wherever used, we agree to credit your film to you with the appropriate
copyright
acknowledgment.
A.3. The NON-MULTIPLEX CINEMA will use the personal data you submit about
yourself to contact you for the purposes of this submission and to inform you
when your film has been publishedon the NON-MULTIPLEX TV Website, non-multiplex
cinema online network and platform (widget) .
A.4. The NON-MULTIPLEX TV website will include on the page on which your film is
featured the director’s name, film title, date of release, country of origin,
time length, main cast (no more than three cast members) and a short summary (no
more than 100 words) or tag-line (25 words). The decision as to the exact amount
of information on display will in any case rest with NON-MULTIPLEX CINEMA.
A.5. You agree that by providing the names of third parties such as the
director, cast, crew and others that those third parties have consented to you
providing such personal data to the NON-MULTIPLEX CINEMA and that they are aware
that the NON-MULTIPLEX CINEMA will use the personal data for the purpose of
including the third party's name on the page on which your film is featured.
A.6. The NON-MULTIPLEX CINEMA does not accept any responsibility for any lost
films. Proof of sending is not proof of receipt.
A.7. NON-MULTIPLEX CINEMA’s ultimate decision to screen or not to screen is
final and no correspondence will be entered into.
B. LICENSING PERIOD
B.1. The licence period shall commence from the date you submit your film and
shall continue for
minimum of 3 (three) months period from the
date of first publication of your film on the NON-MULTIPLEX TV Website.
B.2. NON-MULTIPLEX CINEMA reserves the rights to carry on screening the
publisher content as long as it sees fit to do so.
The publisher will have the option to opt-out only three months after the
first screening of his content. He should do so by deleting the film submission
on the Non-Multiplex TV website or via an E-mail to our customer service here:
info@nonmultiplexcinema.com
B.3. During the licence period the NON-MULTIPLEX CINEMA has a non-exclusive
right to make your film available through streaming technology on NON-MULTIPLEX
TV, on NON-MULTIPLEX CINEMA online networking, the NON-MULTIPLEX CINEMA platform
(widget) and other media platforms.
B.4. If you do not want to grant to NON-MULTIPLEX CINEMA the licensing rights
set out above; please do not submit your film to NON-MULTIPLEX TV.
B.5. The NON-MULTIPLEX CINEMA reserves the right to not make use of your film
for any reason at its absolute discretion.
B.6. You should retain a master copy of your film because NON-MULTIPLEX CINEMA
will not return the tapes or stills that you submit.
C. COPYRIGHT CLEARANCE
C.1. If you are the filmmaker, your film must be your own original work and you
agree that your film will not infringe the copyright or any other rights of any
third party.
C.2. If you are the director, producer, distributor or investor, make sure that all rights have been cleared and that you are legally allowed to submit your content to third parties.
D. SUBMISSION
In all cases, by submitting your film or content to NON-MULTIPLEX TV, you:
D.1. Warrant that your film is your own original work and that you have the
right to make it available to the NON-MULTIPLEX CINEMA for all the purposes
specified above;
D.2. Agree that your film is made at your own expense and the NON-MULTIPLEX
CINEMA shall not be liable to reimburse you for any expenses you incur in
submitting your film.
D.3. Agree that your film does not infringe any laws in the UK or any other
countries where your content will be streamed and beyond.
Your film must not contain defamatory, obscene, unlawful or objectionable
material.
D.5. Agree that the submission of your film to NON-MULTIPLEX TV amounts to
acceptance of these rules.
E. REMOVAL
E.1. If you enter into an agreement with a third party, such as a distribution
agreement, and the agreement does not permit you to showcase your film on the
NON-MULTIPLEX TV Website, you can
request that your film be removed from the site, provided you give the
NON-MULTIPLEX CINEMA at least 14 days' written notice.
E.2. After such notice period, the licence period described in B.1.
will come into force and you will not be allowed to remove your content
from our different platform, unless NON-MULTIPLEX CINEMA sees fit to do so.
E.3. NON-MULTIPLEX CINEMA will however, retain a copy for archive purposes as
stated above in D.3. and will seek
indemnities against any damages and losses incurred.
E.4. These rules are governed by the laws of England and Wales whose courts
shall be courts of
competent jurisdiction.
F. PAYMENT PROCEDURE:
F.1.
Payment will be sent to the Rights
Owner’s mailing address submitted with your application.
F.2. You will be able to change your film submission details online,
once logged but will not come into affect until you receive a confirmation email
from us.
F.3. Where applicable, provide your tax details in the submission form
as we are required to collect tax
information by law whether you live in the UK or not.
D. Any revenues generated will be split 50/50 between you and
NON-MULTIPLEX CINEMA, however in order to recover the online set up and
maintenance costs, the first £50, $100 or 70 EUROS generated will be retained by
NON-MULTIPLEX CINEMA.
E. We will pay you by cheque
every 2 months from the date your film
is uploaded onto the website and available for viewing. When your income goes
over the threshold mentioned above we will then send you your payment.
Ex1: Say your film is online in February the 1st. You should expect payment by
April the 1st, only if the said income has reached the £50/$100/70 EUROS
threshold. Any income above that threshold will be split 50-50 (30-70 before 1st
March 2008 as stated in D) between you and NON-MULTIPLEX CINEMA. If your income was $250 then
you will get a $100 ($140 before 1st
March 2008 as stated in D)
cheque through the mailbox on April the
1st. If your income was below that mark you would not be entitled to any
payment.
Ex2: Say your film is online on February the 1st: then any income generated by
each viewing should TOTAL a minimum of £100 or $200 or 140 EUROS to reach that
threshold in order for you to receive any payments on April the 1st. etc...
F. Monitor your income. We will send
you a detailed report of your viewings and ratings figures with your cheque.
Once you've reached the £50/$100/70 EUROS threshold we will add it onto your
profile page and you will then be able to watch your stats online.
G. Withholding Payments
NON-MULTIPLEX Ltd. reserves
the right to withhold payment from you in the following instances:
G.1. Your Content is removed
by NON-MULTIPLEX CINEMA, if judged offensive, racist, or inappropriate.
G.2. Your NON-MULTIPLEX
account is suspended or restricted or your access to the NON-MULTIPLEX Platform
is disabled;
G.3. You violate the
NON-MULTIPLEX CINEMA Terms of Service, including any applicable NON-MULTIPLEX
CINEMA Platform policies;
G.4. Your Content is the
subject of allegations of infringement or other violations of law or the rights
of third parties in any countries and territories.
Agreed on YYYY, between the parties:
NON-MULTIPLEX CINEMA
Building B 2nd and 3rd
(The broadcaster)
and
XXRightsOwnerXX
XXRightsOwnerAddress1XX
XXRightsOwnerAddress2XX
XXRightsOwnerCityXX
XXRightsOwnerStateRegionXX
XXRightsOwnerPostCodeXX
XXRightsOwnerCountryXX
(The commercial rights owner(s) of the film)