This Contributor Agreement (the "Agreement") is made and entered into by and between you, the registered or registering member of this Politiva-operated website (the "Member") and the parent company of this web site (hereinafter, "Politiva").
By checking box corresponding to the link to this Agreement marked "I agree to the Terms and Conditions", Member indicates acceptance of the terms and conditions as set forth as follows:
The following terms have specific meanings in the Agreements as follows, all terms defined in the Agreements shall also apply hereto:
"Politiva" is an entity which registers Members, accepts Contributions of Content from its Members, and creates Products from Content for distribution. Politiva is not a talent agency. Politiva shall not be characterized as soliciting employment from any Member and no employment relationship will result from becoming a Member. Member is not entitled to any compensation for any Contribution beyond the consideration specified in the Agreements.
"Parties" shall be the entities or persons who have legally entered in to this Agreement.
"Member" refers to the individual or entity that has entered into this Agreement with Politiva. Members may have the option to enter into a number of amendments to this Agreement with Politiva but is not required to do so to make any Contribution of Content.
"Service" shall mean any website, online application or other means of interacting with Politiva for the purposes of collecting, soliciting, marketing or distributing Content for any purpose.
"Content" is any material submitted by Members or other parties using the Service and includes, but is not limited to, videos, photos, graphics, animations, music, narration, sounds, research, scripts, ideas, concepts, comments, or any other real, virtual or intellectual property used to produce film or television products and services.
"Award" shall refer to any form of consideration for any contribution of Content, including but not limited to credit, recognition, status, products, services, cash awards, license fees or royalties. No Member is entitled to additional consideration for any Contribution of Content, unless Politiva and Member execute an amendment to this Agreement prior to Member submitting said Content.
"Contribution" shall refer to all occasions on which a Member submits, posts, uploads or otherwise contributes Content to Politiva, regardless of whether said Contribution is identifiably being made on a Politiva-branded website or on a private-branded or co-branded web site operated by Politiva.
"Upload" shall refer to any Content or other material submitted digitally to the Service.
"Products" includes, but is not limited to, any website, project, program, video, film, segment, or story, whereby Content might be included therein for public distribution. A Product does not necessarily refer to a mutually exclusive set of Contributions nor a mutually exclusive set of Content. Content submitted by Member can be included in any Product without additional consent of Member and without additional consideration to Member. Member may be required to enter into an amendment to contribute Content for any given Product, but nothing prohibits Politiva from including any Content in any given Products regardless of whether Member entered into an amendment to contribute said Content for inclusion in said Product.
"Communications" shall mean any prior, other, and further writings including, without limitation, future rules and postings relating to Politiva which Politiva may in the past, present, or future issue, distribute, post, or otherwise make available to prospective Members in any manner.
Purpose of Membership
Member agrees that membership with/to Politiva is for the purpose of participating in an arts community. Participation may likely take many forms and include the submission of many forms of intellectual property.
By entering into this Agreement, you are accepting Politiva's offer to use the Service with a cash value of US $1.00 (one dollar) plus other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, in exchange for the rights granted Politiva through Member participation. Other good and valuable consideration may include, but is not limited to the opportunity for credit, publicity or exposure arising out of participation in a Products; and, the opportunity for Content to be included in a distributed derivative work, such as a web news site. The consideration which Politiva receives for entering into this Agreement consists of all of the rights to the Content as set forth herein and otherwise granted to Politiva herein.
Discrepancies With Prior Writings, If Any
It is the responsibility of each individual Member to carefully review and compare the Agreements as against any predecessor text, and make specific note of any changes and clarifications thereto. In the event of any discrepancy whatsoever between these Agreements on the one hand, and any other communication on the other hand, then these Agreements (as may be amended by Politiva from time to time up to and including the date of the determination of various required factors) shall govern. No Member may claim to be relying upon previously-posted text which is or may be argued to be contradictory to any provision included in these Agreements, and any Member doing so may be disqualified from eligibility to receive any Awards and/or cancellation of Service at Politiva's sole discretion.
Any Member who communicates with Politiva regarding the Service, shall be deemed to have carefully read, reviewed, and specifically agreed to all of the text of the Agreements; and Communications which Politiva may in the past, present, or future issue, distribute, post, or otherwise make available to prospective Members in any manner. E-mail alone shall suffice so as to constitute notice from Politiva to any Member and in the event that such method is elected for notice purposes by Politiva for any specific Communication.
Rights to Content and Intellectual Property
Member shall be solely responsible for Member's contribution of Content and the consequences of submitting and publishing Content on Politiva. Member affirms, represents, and warrants that Member owns or has the necessary licenses, rights, consents, and permissions to publish Content Member contributes; and Member licenses to Politiva all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content pursuant to this Agreement. Member retains all of Member's ownership rights to Member's Content. However, by submitting Content to Politiva, Member hereby grants Politiva a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in any media format and through any media channel. Member also hereby grants each visitor to or user of Politiva's web sites a non-exclusive license to access Member's Content directly through Politiva's web sites or through an embedded content on other web sites, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of content distribution technology whether or not known at the time of this Agreement.Member further agrees that Content contributed to Politiva will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless Member has permission from the rightful owner of the material or Member is otherwise legally entitled to post the material and to grant Politiva all of the license rights granted herein.
Member further agrees that Member will not contribute any Content or other material that is contrary to the Appropriate Content Policy, included herein, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
Politiva does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Politiva expressly disclaims any and all liability in connection with Content. Politiva does not permit copyright infringing activities and infringement of intellectual property rights, and Politiva will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Politiva reserves the right to remove Content without prior notice.
Member further grants the right to publicize Politiva and the Content using the Member's name, likeness, or trademarks in any manner in which Politiva sees fit. Member understands that Politiva does not guarantee any confidentiality with respect to any Content Member contributes.
Member hereby warranties with respect to each and every person and entity who may be depicted or whose services, work product or property has been accepted or otherwise used in connection with any submitted Content accepted by Politiva, unless such signed documents have been submitted so as to be received by Politiva in appropriate form (as determined by Politiva in its sole discretion). Member hereby warrantees that Member has obtained all necessary legal releases and waivers and represents that Member has the right and authority to submit such Content. Each Member must deliver to Politiva within five (5) days upon Politiva's request, proof of such releases, waivers or other permissions and authority to enter Work subject to Awards.
Appropriate Content Policy
While the Content shall be at the discretion of the participating Members, Politiva expressly reserves the right not to screen, display, exhibit or otherwise show and/or disqualify from any Award, any Content that, in Politiva's sole discretion, is deemed to be pornographic, or that otherwise depicts hard-core or graphic sexual or violent activity. Furthermore, any Members depicting individuals engaging in activities on camera which, when performed on camera, are also illegal in real-life (e.g., vandalism, robbery, drug use, assault) will be solely responsible to law enforcement authorities for same and do so at their own sole risk. Politiva reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
Liability for Account Access
In order to access some features and benefits of the Service, you will have to create a Politiva account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Politiva immediately of any breach of security or unauthorized use of your account.
Although Politiva will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Politiva or others due to such unauthorized use.
Limitation of Liability
You expressly understand and agree that Politiva, its subsidiaries and affiliates, and its licensors shall not be liable to you for:
Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused under the theory of liability including, but not be limited to, any loss of any kind whether tangible or intangible, incurred directly or indirectly;
Any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser, sponsor or other Member who interacts with you through the Service;
Any changes Politiva makes to the Services or for any permanent or temporary cessation in the provision of the services or any features within the services;
The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Services;
Your failure to provide Politiva with accurate account information or other data.
Each Member herby indemnifies, releases, discharges, defends and holds Politiva (and its owners, managers, members, employees, agents, attorneys, representatives, contractors, vendors, successors, affiliates and their assigns) harmless from and against any and all claims, losses, damages, obligations, expenses, penalties, settlements, litigations, judgments and any other liabilities of any kind whatsoever (including without limitation attorney's fees and costs incurred by Politiva or any of the aforementioned indemnified entities or individuals), arising out of, from, or otherwise related to the development, creation, Products or other making or use of the Member's Content and any other other activities which at all relate to any Content or activity of the Service and/or this Membership Agreement including, but not limited to:
Any third-party or other claim of any ownership right or interest in, or otherwise relating to, any Member or other Content;
Any third-party or other claim of violation of any personal right or proprietary right in connection with the Content, such as defamation, libel, trade libel, slander, "name and likeness" rights, right of privacy, right of publicity, "moral rights", unauthorized exhibition, breach of contract copyright infringement, trademark infringement, and any other right or claimed right of any other kind or nature;
Any claims for negligence, injury to persons (including wrongful death), injury to property, or any other injury which may arise out of, result from, or occur, directly or indirectly, in any way in connection with the Service;
Any breach or other violation of this Membership Agreement or any other Politiva Communication; and
Any other activities by or relating to any , Content, Member, Politiva and/or third-party in connection with the Service, and any other liability of any kind or nature arising out of any participation in Politiva or use of the Service.
Member hereby agrees that each and every participating individual contributing to Content submitted by Member ("Contributor"), including but not limited to filmmakers, actors, crew members and all other players in and contributors to any Content and these Official Rules also apply to each and every such Contributor individually.
Taxes on Awards, if any, are the sole responsibility of the Member, and Politiva shall bear no liability with respect to same. Member shall ensure that all taxes on any Award, if any are due, are fully and correctly paid; including without limitation any federal or state taxes which are required to be deducted from any Award or paid separately by Member for any non-cash Award of value. Member indemnifies and holds harmless Politiva pursuant to the indemnity provisions included herein. In addition, Member acknowledges that Politiva may require signed tax forms and/or withhold taxes from any Award if Politiva is instructed to do so by any appropriate authority, including without limitation any taxing authority and Politiva's own tax advisor(s).
Politiva reserves the right to terminate a user's access to the Service at any time at Politiva's sole discretion.
Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Politiva with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and,
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notice of claimed infringement should be sent to the Politiva by email to: dmca[at]Politiva.com You acknowledge that if you fail to comply with all of the requirements of this Digital Millennium Copyright Act section, your DMCA notice may not be valid.
If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the information in this section to Politiva:
Your physical or electronic signature;
Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
Statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Minneapolis, Minnesota, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Politiva, Politiva may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Politiva's sole discretion.
Entrant and all Contributors hereby acknowledge that they have each read, and each agree to abide by this Membership Agreement. Politiva reserves the right to review and accept only those Members who comply in all respects with the this Membership Agreement.
For questions contact: membership[at]Politiva.com.