Terms & Conditions For Content Upload

Version 2.20100426

ANY PERSON OR ENTITY ("User"), REGISTERED TO USE OR ACCESS THE SITE AT www.mofilm.com ("Site") OR ANY OF THE INFORMATION CONTAINED IN THE SITE AND WHO WISHES TO UPLOAD A VIDEO OR OTHER FILE ("File") AGREES TO AND IS BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS REGSITERED USER AGREEMENT ("Agreement").

1. Contracting parties.
   When you register with the Site, you are contracting with MOFILM Ltd, a company registered in England and Wales with company number 6395308 and having its registered office at 20 Market Street, Altrincham, Cheshire WA14 1PF. MOFILM Ltd is referred to in these terms and conditions as "we", "us", "our" or "MOFILM". Uploading a File by you evidences your acceptance of this Agreement. All Users must be over the age of 16 at the date of entry unless a higher minimum age is required for any particular competition. (All Users of the age 16 to 18 must have permission of an adult who will receive any prizes or remuneration on their behalf).
   
   Nothing herein establishes an employer/employee relationship with The Participating Brand. Each entrant is solely a contestant in the Competition, is acting voluntarily, using his/her own time and resources to create his/her entry for the Contest.
2. Ownership of Content.
   Whilst Users will continue to own any material they upload to the Site, MOFILM, unless otherwise stated, owns or controls all relevant intellectual property rights in the Site and the Content. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Site or Content in any form (including storing it in any medium) other than as expressly allowed herein or as permitted on the Site or under UK or local law. The Site and the Content are for your personal, non-commercial use only, and are not for re-distribution, transfer, assignment or sublicense.
3. File Information.
   If you provide any information to the Site, you agree to provide only true, accurate and complete information to us and/or the Site. Any personal information provided by Users will be treated with appropriate care and security in accordance with our Privacy Policy. You further agree that if you submit any content or material to us, you agree to grant to us the right to use your name, likeness and/or biographical materials in all media for the purposes contemplated herein.
4. Objectionable Material.
   You agree not to upload any material that contains imagery or audio content which is:
      (a) sexually explicit or suggestive, violent derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity, promote the excessive or irresponsible consumption of alcohol;
      (b) or promotes illegal use of alcohol, drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous or any particular political agenda or message;
      (c) be obscene or offensive, endorse any form of hate or hate group;
      (d) contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind (other than those supplied by the endorsing competition brand), without permission, or contain any personal identification, such as license plate numbers, personal names, email addresses or street addresses;
      (e) contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in Web sites, television, movies or other media) without permission;
      (f) depict, and cannot itself be in, violation of any law.
   
5. Film Submissions.
   If you upload any material to the Site (including, without limitation, films) you hereby grant to us a worldwide, non-exclusive licence to use that material in any media and, specifically, to make that material available via the Site and via mobile phone networks. You warrant that all such materials are original and do not infringe the rights of any third party and that you have the right to grant such licence and you agree to waive your moral rights for the purposes of this licence. You also warrant that the material is not obscene, offensive or defamatory to any person or otherwise illegal. We reserve the right to cut, edit, crop or arrange your material as necessary for purposes related to the Site, and we may remove the material at any time. Unless you have requested otherwise, your name may be published alongside your material. If you do not want to grant these rights, please do not submit material to the Site.
6. Clearance of Rights.
   If you upload any film, recorded music, text, photographs, graphics or other materials to the Site, you hereby warrant and represent that you personally created, wrote and produced such content and all materials contained within such content, or that you have written permission from or are authorised by the owner(s) of those materials for such use. If you submit any material containing a "cover" (i.e. a new version of someone else's song) or any material comprising any pre-existing recorded content (i.e. "clips" from other films or programmes, "samples" from other records, photographs, graphics, etc), you must tell us and provide details at the time of posting.
   
   If you have used talent who are party to the Screen Actors Guild Commercials Contract ("SAG") or who are under a collective bargaining, guild or similar agreement other than SAG, you must provide evidence that such talent agrees to accept scale or minimum rates for broadcast or for other use in a manner for the purposes of this agreement. Such evidence must be sent at the time of upload to cca@mofilm.com.
7. Code of Conduct for User Content.
   You agree that you are responsible for everything that you post or transmit to the Site and you agree (in relation to the Site):
   (i) not to post content or participate in any form of online activity which is unlawful, harassing, libellous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, racially offensive or which otherwise includes objectionable material;
   (ii) not to post content which you do not have the right to use and not to transmit any material containing software viruses or files designed to damage or disrupt the good working order of any computer or telecommunications equipment; and,
   (iii) not to impersonate any other person or entity.
   We will be entitled at our discretion to remove anything which is posted or transmitted to, from or via the Site which, in our opinion, is objectionable or does not comply with these terms and conditions in any way and we express disclaim any liability for such removal. Please note that the information posted to the Site by Users represents the views or findings of the relevant User and is not necessarily the views of MOFILM.
8. Competitions.
   Participation in any MOFILM operated competition or contest is free and no purchase is necessary. All entries must be verified and accepted by MOFILM's designated adjudicator(s) and such adjudicator's decisions (including without limitation selection of winners and allocation of prizes) will be final in each case and no correspondence will be entered into. MOFILM reserves the right to change, suspend or cancel the Contest without specifying reasons and without incurring liability as a result, and to change these terms and conditions and/or the prize by notice on the Site (effective from the date and time of posting).
9. Prizes.
   All prizes are non-transferable, non-negotiable and non-refundable and have a cash value of no more than their face value, if any. There are no cash alternatives and MOFILM reserves the right to substitute any prize at any time.
10. Notification of Winners.
    Winners and finalists will be selected by MOFILM and its adjudicators from all valid and accepted entries on or after the closing date of the Contest and shall be notified by telephone, mail and/or email in MOFILM's sole discretion. Where further information is requested, the winners and/or finalists shall have five (5) days to respond in full to the request or an alternative winner/finalist shall be chosen or shortlisted. Details of the names of winners and finalists shall appear on the MOFILM Site. Failure to claim any prize within five (5) days, or in the manner specified, may result in disqualification or selection of an alternate winner/finalist. MOFILM shall not be liable if a prize cannot be accepted or otherwise taken for any reason. Winners and finalists must agree to participate in reasonable post-competition publicity surrounding MOFILM, the Site and the event at the Cannes Lions International Advertising Festival, including the association of their name, approved biography, likeness and content with MOFILM, the Site and the event, and the making available of the winning entry or entries via the Site (and related sites) for promotional and marketing purposes. When completing your entry electronically you will have to verify this in writing before the prizes or awards will be issued by MOFILM and the brand. This form will be sent to you if you have been shortlisted.
11. Trade Marks.
    The brands, products and service names used or appearing within the Site (including, without limitation, "MOFILM") are the trade marks or trade names of MOFILM or its trading partners unless otherwise stated. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trade marks, trade names or taglines without the prior written permission of MOFILM.
12. Competition Specific Terms & Conditions.
    You agree and understand that there may be competition specific terms and conditions which must be read and accepted before your File submission can be accepted for entry. These terms will be available on the relevant competition web pages on the Site and will also be emailed to you after you have submitted your File. You may also be required to print, sign and fax/scan/email the documents back to MOFILM.
13. Liability.
    User agrees that the liability of MOFILM to User under this Agreement shall be limited to the greater of: (1) the amount User has actually paid to MOFILM for its products or services; and (2) one thousand pounds (£1000). Except as set out herein, MOFILM shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of this Site or in relation to the goods and/or services that we provide. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of MOFILM.
14. Disclaimer.
    All services and contents of the Site are provided without any representations or warranties of any kind, either implied or express, to the fullest extent permitted by applicable laws. In addition, we do not represent or warrant that the Site or its contents will be free of defects, including without limitation viruses or other harmful elements.
15. Indemnity.
    User agrees to indemnify MOFILM for any loss or damage that may be incurred by MOFILM, including without limitation legal fees, arising from any breach by User of any warranty herein or User's misuse of any material or information obtained through the Site.
16. No Partnership.
    Your use of the Site and/or its content creates no partnership, client, fiduciary or other professional relationship.
17. Entire Agreement.
    This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement.
18. Severance.
    If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.
19. Variation.
    This Agreement may be varied from time to time by our posting new terms on the Site, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site. User's continued use of the Site or services constitutes agreement with and acceptance of any such amendment or other changes.
20. Law and Jurisdiction.
    This Agreement shall be governed by and will be construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the English Courts.