TERMS FOR WORK LICENSE

TERMS FOR WORK LICENSE

 

It was last updated on November 6th, 2017

 

1. Introduction:

 

1.1. You, who will be hereinafter the Rights Holder under these Terms for Work License, acknowledge agreeing with these Terms for Work License, and state to have fully read them before freely joining these Terms. If you, the Rights Holder, do not agree or do not wish to comply with any term or provision under these Terms for Work License, you shall neither join them nor request the licensing of audiovisual works under your ownership on VIDEOCAMP.

 

1.2. VIDEOCAMP is an online platform aimed at providing Users with the free-of-charge announcement and availability of audiovisual works previously selected by VIDEOCAMP (refer to Terms of Use on the link: http://www.videocamp.com/en/terms), so users may watch as well as hold public screenings of these works, within the terms of the license granted by the Rights Holder to the Users within Clause 4.1 below.

1.2.1. The aforementioned Users can, through a registration, become Exhibitors, in order to perform public exhibitions of these works, which VIDEOCAMP will be enabled to provide through a link on VIDEOCAMP´s website directing its users onto a third party´s website where these works are available, all of this being aimed at disseminating works which can contribute for gathering people interested in and capable of collectively move socially relevant topics.

1.2.2. As long as it is available to be viewed on the VIDEOCAMP platform, all and every audiovisual work selected may contain, in the field titled "WHERE ELSE TO WATCH," an indication of other web applications in which it may be possible to access and view the referred work.

1.3. If the Rights Holder wishes to submit one or more pieces of audiovisual work for VIDEOCAMP to analyze them and decide if they will be available on VIDEOCAMP under the following License, the Rights Holder shall have duly filled the Registration of Holder and Work of which the Rights Holder is an owner.

 

2. Registration of Holder and Work:

2.1. The Rights Holder states to have filled all the fields on the Registration of Holder and Work with exact, complete and faithful information.

2.2. The Rights Holder states to be 18 years old or older (or to be an emancipated minor), fully entitled to freely agreeing with these Terms for Work License and their correspondent execution. If the Rights Holder is neither 18 years old (or, if being a minor, is not emancipated) nor legally capable, the Rights Holder shall not use services provided by VIDEOCAMP.

2.3. If the Rights Holder is a legal entity, the person who is appointed as its legal representative must be fully entitled to, both de facto and de jure, bestow the License on behalf of this legal entity.

2.4. If the User Registration is filled by an interface with Facebook, the User states that all information provided to Facebook is exact, complete and faithful, in addition to authorizing Facebook to perform the transfer of his or her personal data to the VIDEOCAMP platform.

2.5. In any event, the Rights Holder must update the Registration of Holder and Work whenever any piece of information specified on his or her Registration of Holder and Work is changed, within five working days from the date of that change. In the event of request by VIDEOCAMP, at any time and for any reason, the Rights Holder must send copies of documents proving all this information within three working days from the date when he or she receives an e-mail from VIDEOCAMP requesting the submission of these documents (so that VIDEOCAMP is able to determine, under its own reasonable criteria, within five working days from the receipt of the aforementioned information and documents, whether the aforementioned information and documents are faithful and able to prove the accuracy and authenticity of information on the  Registration of Holder and Work and the Right Holder´s ownership of the audiovisual work specified on the aforementioned registration), otherwise being VIDEOCAMP entitled to automatically cancel the Registration of Holder and Work and to terminate his or her corresponding access to VIDEOCAMP.

2.6. The Rights Holder states to have filled all the fields on the Registration of Holder and Work with exact, complete and faithful information. The Rights Holder also states to have supplied technical materials concerning the corresponding work, accordingly to how they were required on the Registration of Holder and Work and in compliance with the technical requirements detailed under the registration. The Rights Holder states to understand that the Registration of Holder and Work solely refers to the audiovisual work(s) specified by him or her [defined under these Terms for Work License as Work] on the Registration do Holder and Work for being the object of License to VIDEOCAMP, if the latter selects the corresponding work(s).

2.7. The Rights Holder states to fully own property rights (which are not restricted to copyrights) over the work(s) specified on the Registration of Holder and Work, which are necessary for bestowing the following License to VIDEOCAMP (so that VIDEOCAMP can perform, under its own criteria and in the event of selecting one or more works on this registration, any of the rights bestowed by this License).

2.8. The Rights Holder states that there are no burdens, encumbrances or legal or contractual impediments which can affect the performance of the License of Work by VIDEOCAMP or by the users registered by the latter for exhibiting the corresponding work(s). The Rights Holder states to be solely and exclusively liable for paying all and any rights, wages and/or credits  owed to legal entities or private individuals involved in the production or by any means necessary for the production and the exploration of the  work(s) specified by him or her on the Registration of Holder and Work, in accordance with the License herein bestowed to VIDEOCAMP (being solely reserved the public execution rights of synchronized phonograms within the corresponding work(s), whose payment legally impends on who is liable for the public exhibition of the aforementioned work(s), under the prevailing Copyright Act, and not VIDEOCAMP).

2.9. The Rights Holder states to hold sole liability for the links for third parties’ websites referred on the field o “Vamos Juntos”, available on the page of his or her title(s) within VIDEOCAMP’s catalogue. VIDEOCAMP makes no previous control over information inserted on that field, such as links for fundraising campaigns, especially under crowdfunding, links for donations to non-profit entities whose themes are related to the cause defended on the audiovisual work, links referring to the online availability of each title, among others. . The Rights Holder  assures to have made all the necessary provisions for fully verifying the ___ of the referred third parties’ websites, as well as that of the mentioned entities and/or fundraising campaigns. VIDEOCAMP shall hold no liability for any problems or complications eventually experienced by its Users on third parties’ websites, being that liability ascribed to the Rights Holder. If VIDEOCAMP comes to know on illegalities and/or major problems related to the working of third parties’ websites appointed by Rights Holders, as well as  on misbehavior by entities or other third parties appointed on the field “Let's go together”, the procedure provisioned on the Clause 2.11 will be applicable.

2.10. The Rights Holder assures that the bestowing of the License and the terms and provisions under these Terms for Work License do not violate rights owned by third parties and that he or she shall be solely liable for the work(s) specified on the Registration of Holder and Work and for the consequences of the use of the work(s) in accordance with the bestowed License. Thus, the Rights Holder exempts both VIDEOCAMP and its users from any liability, such as duties concerning labor, social security, tax, trade union, copyrights and other duties stemming from the production and exploration of the works specified on the Registration of Holder and Work; and, in the event of any loss impeding on VIDEOCAMP, the Rights Holder shall fully and immediately compensate VIDEOCAMP for those losses, otherwise being VIDEOCAMP entitled to the right to redress the Rights Holder for the aforementioned losses.

2.11. If VIDEOCAMP or any of its users is either notified or communicated by any third party (“complainant”) on any irregularity concerning the License of Use of the work(s) specified on the Registration of Holder and Work, VIDEOCAMP will preventively remove the corresponding work(s) from its platform, within 24 hours, until having, in bona fide, but on its own criteria, enough time to evaluate the authenticity of the complainant´s claims. VIDEOCAMP will then send a written piece of communication to the aforementioned third party, informing the Rights Holder´s full name and e-mail address. Furthermore, VIDEOCAMP will directly e-mail the Rights Holder, notifying him or her on the notice and providing the Rights Holder with a three-working-day term, from the submission of the aforementioned e-mail, for the Rights Holder submit to VIDEOCAMP´s headquarter a full copy of agreements proving that the Rights Holder owns all the rights necessary to bestow the License of the work(s) specified on the Registration of Holder and Work; otherwise VIDEOCAMP will be able to remove definitively, automatically, and at any time the Rights Holder and the corresponding work(s) from the VIDEOCAMP platform. In the event of any loss impeding on VIDEOCAMP, the Rights Holder shall fully and immediately compensate VIDEOCAMP for those losses, otherwise being VIDEOCAMP entitled to the right to redress the Rights Holder for the aforementioned losses.

2.12. If the Rights Holder submits the evidentiary document mentioned on the previous item to VIDEOCAMP within the specified term, VIDEOCAMP will have five working days to analyze the aforementioned documents and determine, under its own reasonable criteria, if all the rights necessary to the License of the work(s) specified on the Registration of Holder and Work are actually owned by the Rights Holder. If VIDEOCAMP confirms that the aforementioned rights do not belong, either partially or totally, to the Rights Holder, or if reasonably suspects on the authenticity of the aforementioned documents, or if determines that the irregularity claimed by the third party stems from certain or feasible violation to the rights of one or more individuals or third parties, VIDEOCAMP will then be able to remove from its platform definitively, automatically and at any time not only the work(s) specified on the Registration of Holder and Work, whose necessary rights are not fully owned by the Rights Holder, but also the Rights Holder himself or herself. In the event of any loss impeding on VIDEOCAMP, the Rights Holder shall fully and immediately compensate VIDEOCAMP for those losses, otherwise being VIDEOCAMP entitled to the right to redress the Rights Holder for the aforementioned losses.

2.13. The Rights Holder must inform the age rating classification of each work specified on the Registration of Holder and Work, in compliance with the pertaining Brazilian law, being the Rights Holder fully liable for this, even before third parties.

2.14. Whenever the Rights Holder wishes to bestow a License of use of a new audiovisual work to VIDEOCAMP, he or she shall update the Registration of Holder and Work in order to include the aforementioned work in the registration, in addition to reading, joining and thus complying again with the Terms for Work License provided by VIDEOCAMP on the website www.videocamp.com at the moment of bestowing the new aforementioned License, as these terms can have been changed in view of this version of Terms for Work License.

 

3. Selection Process of the work(s) specified on the Registration of Holder and Work:

3.1. Having the Rights Holder duly filled the Registration of Holder and Work, the corresponding work(s) will be submitted to VIDEOCAMP´s selection process, and, being these work(s) selected by VIDEOCAMP, they will automatically be the object of the License specified below for VIDEOCAMP.

3.2. VIDEOCAMP will have 90 (ninety) days, from the date when the Registration of Holder and Work is dully filled, to analyze the corresponding work(s) and to freely decide if, in accordance with the following criteria, the work(s) will be included into VIDEOCAMP platform and thus be object of License:

- technical quality in funding, production, post-production and finishing of the aforementioned work(s);

- non-offensiveness of the aforementioned work to ethical and moral values pertaining to depicted or mentioned social groups;

- social relevance of the topic being addressed in the aforementioned work(s); and

- ability of the aforementioned work(s) in inspiring and mobilizing viewers to positively change their opinions and behaviors toward the topic(s) in the aforementioned work(s).

3.3. VIDEOCAMP´s decision on selecting or not the work(s) specified on the Registration of Holder and Work to be an object of the License will be disclosed to the Rights Holder by e-mail. No appeal shall accrue on this decision. If the aforementioned work(s) is or are selected, it or they will be automatically the object of the following License.

 

4. On the License:

4.1. A License is conceived as: the free, final and non-exclusive authorization by the Rights Holder, for the entire duration of copyright protection of the work(s) until they go into public domain, for the work(s) specified on the Registration of Holder and Work, in case of being selected by VIDEOCAMP, be provided, distributed and communicated by VIDEOCAMP to any of its users, from the VIDEOCAMP platform, in a way that any VIDEOCAMP users (private individuals or legal entities, profit making or non-profit making, public or private) can make use of the link provided by VIDEOCAMP, in accordance with what is specified by each Rights Holder on the Registration of User and Work,  for:

(i) promoting the public exhibition of works previously selected by each Rights Holder and previously provided by the latter on the website www.vimeo.com and/or www.youtube.com (in accordance with the joining agreement previously and directly entered into the Rights Holder  and the aforementioned website, with no interference by VIDEOCAMP), in any format or media channel, in any location, in any world territory (except by locations explicitly excluded by the Rights Holder on the Registration of Holder and Work), with no charge of admission fees for the aforementioned exhibition, for any figure of individuals; and

(ii)  visualize and watch the selected work(s) in the VIDEOCAMP platform through embedding from the websites www.vimeo.com and/or www.youtube.com (according to the binding agreement previously celebrated between the Rights Holder and the referred website, without interference by VIDEOCAMP).

 

4.2 The Rights Holder authorizes VIDEOCAMP to reproduce any parts of the selected work(s), to a maximum length of 120 (one hundred and twenty) seconds, in promotional materials developed by VIDEOCAMP, to advertise and promote the platform, through any media, to third parties.

 

4.3. VIDEOCAMP, whenever receiving from one of its previously registered users a written and duly filled request of 1 (one) exhibition of a work specified on the Registration of Holder and Work (in which there will be data on the intended venue for exhibiting the aforementioned work, the figure of expected individuals and the term within which the aforementioned exhibition(s) can take place), will be automatically able to authorize the exhibition of the corresponding work to the corresponding user, notwithstanding the fact that the Rights Holder will be provided with a field on VIDEOCAMP´s website, where the Rights Holder will be able to follow which exhibitions are scheduled.

4.4. The License will be in force with no time restriction, until when the Rights Holder or VIDEOCAMP decides to terminate it, which may occur at any time, with two working days in advance and through a written piece of communication to the other part, being reserved the exhibitions of the work(s) specified on the Registration of Holder and Work by any users and which have been previously requested under the terms of the License and these Terms for Work License.

4.5. The exhibition License bestowed to VIDEOCAMP provides VIDEOCAMP with the prerogative, but not the duty, of including into the work(s) specified on the Registration of Holder and Work, before the work´s beginning, a chart freely created by VIDEOCAMP with information regarding its platform or License. The exhibition License bestowed to VIDEOCAMP also provides VIDEOCAMP with the prerogative, but not the duty, of notifying the Rights Holder, by the submission of photographic or audiovisual material proving one or more exhibitions of the work(s) specified on the Registration of Holder and Work and object of exhibition license, being the Rights Holder henceforth liable for not making any use of this photographic and audiovisual material, otherwise being the Rights Holder liable for losses and damages stemming from this unauthorized use and from additional sanctions provisioned under these Terms for Work License.

4.6. The Rights Holder acknowledges and agrees with the fact that the work(s) specified on the Registration of Holder and Work, object of the License might, under VIDEOCAMP´s criteria, not be hosted on VIDEOCAMP´s own website, but on third parties´ websites previously and explicitly appointed to the Rights Holder on the Registration of Holder and Work, hypothesis in which the Rights Holder, before licensing one or more works to VIDEOCAMP, shall have freely agreed with the terms and conditions of hiring the aforementioned third party(ies)´s websites and shall have also provided the aforementioned work(s) on the aforementioned websites, in order to VIDEOCAMP provide its users with a link for this ( or these) work(s). The Rights Holder understands and agrees with the fact that VIDEOCAMP cannot and must not interfere in the content of these third parties´ websites and that VIDEOCAMP neither participates nor intervenes in agreements drafted by third parties, for which the Rights Holder exempts VIDEOCAMP from any liability stemming from the use of the work(s) specified on the Registration of Holder and Work by VIDEOCAMP´s users or by third parties in third parties´ websites, which also applies to the hypothesis of the Rights Holder explicitly inform, on the Registration of Holder and Work, on the eventual existence of third parties´ websites where the aforementioned work(s) can be freely seen by any individual.

4.7. In any event, the license bestowed to VIDEOCAMP includes the prerogative of VIDEOCAMP presenting each work specified on the Registration of Holder and Work, either singly or collectively, with other audiovisual works selected by VIDEOCAMP, added or not by a review or synopsis, freely created by VIDEOCAMP, being VIDEOCAMP´s prerogatives: to use, fully or partially, data concerning the corresponding work inserted by the Rights Holder into the Registration of Holder and Work; and providing its users with tools which permit the evaluation, ranking and free critical of the work(s) on the VIDEOCAMP platform, all of which can be viewed by the overall audience, with VIDEOCAMP not having to control these evaluations and reviews and not being liable by any means for these evaluations and reviews, regardless of their content.

 

5. Content Restrictions

5.1. The Rights Holder acknowledges and agrees with the fact that he or she cannot license to VIDEOCAMP any audiovisual works which:

- violate intellectual or any other rights owned by any third parties;

- have sexually explicit, pornographic or extreme violent scenes;

- have scenes promoting or encouraging prejudice against ethnicity, gender, belief or religion;

- have scenes which can degrade minors or which by any means encourage any illicit act against minors;

- have scenes with cruelty or violence against animals; or

- violate any law.

 

6. Liability, governing law and jurisdiction

6.1. If the Rights Holder is deemed as liable or prosecuted, either in or out of courts, by any third parties, as a result of an alleged violation directly or indirectly related to the provision and exhibition of work(s) specified on the Registration of Holder and Work, under the License or the Terms for Work License or any other aspect by any means concerning the production or content of the aforementioned work(s) or to the ownership of rights inherent to these works, the Rights Holder agrees to act in order to resolve, directly and including correspondent expense, the aforementioned pending issues, either they are related to paying, doing or not doing something, and adopting, for that,  all the measures necessary to solve the problem, otherwise, in not doing so, having to compensate VIDEOCAMP for any damage impending on VIDEOCAMP and its users, including those stemming from defending or sponsoring Rights Holder´s interests, whether in court or not, including attorney´s fees, reasonable legal costs, and overall agreements. In the event of lawsuits against VIDEOCAMP, its successors and/or assigns, VIDEOCAMP can freely opt for its own direct legal defense, being the Rights Holder liable for compensating VIDEOCAMP, its successors and/or assigns for all the legal costs stemming from these lawsuits, the same being applied to agreements and other amounts paid to terminate these issues, and being that, in the event of agreements, these can be collectively negotiated with VIDEOCAMP, under the latter´s criteria.

6.2. The Rights Holder agrees with the fact that VIDEOCAMP cannot be liable if the users of this tool violate the terms of the License bestowed for the work(s) specified on the Registration of Holder and Work, as long as they have been guided not to act so by VIDEOCAMP in its Terms of Use. Notwithstanding, the Rights Holder will have the prerogative of, in being aware of a violation of License of use of work(s) specified on the Registration of Holder and Work by a VIDEOCAMP´s user, notifying or sending a written piece of communication to the VIDEOCAMP´s headquarter, proving to VIDEOCAMP that a VIDEOCAMP´s user violated the terms and requesting that VIDEOCAMP block this user´s access to the corresponding work(s), which will be analyzed by VIDEOCAMP within ten working days and which will be complied by VIDEOCAMP (if the aforementioned violation is confirmed).

6.3. VIDEOCAMP reserves the right to, at any time, cease to provide the VIDEOCAMP tool and, in this case, to unilaterally and immediately revoke the License of use of the work(s) specified on the Registration of Holder and Work, with this meaning no damage or loss to the Rights Holder, who should however be communicated by VIDEOCAMP, if the latter decides to cease to provide the tool at any time. In addition, VIDEOCAMP will have the right to cancel the Rights Holder´s access to VIDEOCAMP, as well as to eliminate the work(s) specified on the Registration of Holder and Work from its platform, if the Rights Holder violates the License or any terms and provisions of these Terms for Work License and does not make the aforementioned violation cease within two working days from the day when he or she has received a notification or an e-mail from VIDEOCAMP requesting the termination of the aforementioned violation.

6.4. Upon joining these Terms for Work License, the Rights Holder acknowledges his or her liability to comply with the Brazilian federal law, enacted to govern these Terms for License Work and the License itself, regardless of the local and the country from where VIDEOCAMP´s services are being used (unless if the aforementioned service is being accessed from other country than Brazil, whose  application of laws becomes compulsory – and not optional –, hypothesis in which that legislation will be the binding one), by electing the Forum of São Paulo, in the State of São Paulo, Brazil, as the only competent jurisdiction to the knowledge and the resolution from disputes stemming from these Terms for Work License and the License of use of the work(s) specified on the Registration of Holder and Work.

 

7. Overall Communications and Provisions

7.1. All the communications and notifications to the Rights Holder shall be performed by the e-mail address info@videocamp.com or, under VIDEOCAMP´s criteria, by correspondence demonstrably sent to the address specified on the Registration of Holder and Work.

7.2. All the communications and notifications to VIDEOCAMP shall be performed through the submission of an e-mail by the Rights Holder to “info@videocamp.com”, by specifying as the subject the expression “WORK´S HOLDER” (“TITULAR DE OBRA”) and by submitting the aforementioned message to the “VIDEOCAMP Platform Management Team” (“Time de Gestão da Plataforma VIDEOCAMP”).

7.3. VIDEOCAMP may alter the Terms for Work License at any moment, with the caveat that, if there are one or more alterations, as long as they do not involve extending the license as indicated in Clause 4 above, they must notify the Rights Holder so they may access the updated version of the Terms for Work License, via a link to be provided by VIDEOCAMP.

7.4. The rights and obligations stemming from these Terms for Work License shall be neither bestowed nor licensed by the Rights Holder, but shall be bestowed and licensed to third parties by VIDEOCAMP.

 

8. Data collection, usage and storage:

8.1. THE RIGHTS HOLDER ON THE WORK EXPLICITLY EXPRESSES, THROUGH THE AGREEMENT WITH THESE TERMS OF USE, HIS OR HER CONSENT FOR VIDEOCAMP PERFORMING THE COLLECION, USAGE AND STORAGE OF DATA, EITHER PERSONAL BELONGING TO THE COMPANY OR THE ENTITY REPRESENTED BY HIM OR HER, AS WELL AS ANY PIECE OF INFORMATION ON THE WORK PROVIDED AT THE TIME OF THE REGISTRATION OF THE HOLDER AND THE WORK WITHIN THE SELECION PROCESS OF AUDIOVISUAL WORKS OR AT ANY TIME.

8.2. THE COLLECTED DATA SHALL BE STORED AND USED BY VIDEOCAMP SOLELY FOR MAINTANING THE PLATFORM´S ACTIVITIES AND FOR:

- ANNOUNCING THE WORK specified on the registration of holder and work onto VIDEOCAMP´S websites, mailings or social networks (VIDEOCAMP platform´s creators) and corresponding partners from any of these institutions; and

- releases on new third parties´ works available on VIDEOCAMP regarding new services or opportunities provided by VIDEOCAMP or its partners.

8.3. VIDEOCAMP understands the importance of protecting the right to privacy, private life, dignity and image of the parties directly or indirectly involved in the platform´s activities, by thus adopting the following safety and privacy measures and procedures regarding the collected data:

- regular updating of the website´s servers and applications;

- encryption of the user´s access password; and

- multi-level control of access.

Now, therefore, in consideration of the mutual covenants set forth herein, the Rights Holder on the Work agrees to comply with these Terms for License Work, for which he or she shall select on the following field whether accept them:

 

9. Field for Joining Terms for Work License

9.1. I agree to fully comply with this Terms for Work License and I state to have correctly filled the Registration of Holder and Work: [   ]