San Francisco Veterans Film Festival is a robust forum for active duty, Veterans and civilian filmmakers to express their creativity and to share their stories, which in turn helps further healing and brings greater awareness to the public on the challenges our nation’s Veterans face. The festival spotlights active duty, Veterans and civilian filmmakers addressing issues about Veterans and military-related topics.
San Francisco Veterans Film Festival Participation Agreement
FESTIVAL PARTICIPATION AGREEMENT - SUPPLEMENTAL TERMS AND CONDITIONS TO GENERAL TERMS OF SERVICE
BY CHECKING THE “I AGREE” BOX, OR BY CONTINUING TO USE THE FESTIVAL SERVICES (AS DEFINED IN SECTION 1 BELOW) FOLLOWING OUR POSTING OF REVISED AGREEMENT ON THE WEBSITE, YOU (A) AGREE TO BE BOUND BY THIS AGREEMENT; (B) ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATED THE FITNESS OF USING THE FESTIVAL SERVICES DESCRIBED IN THE AGREEMENT AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT; AND (C) HEREBY REPRESENT AND WARRANT THAT YOU ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS (E.G., YOU ARE NOT A MINOR) AND THAT YOU ARE AND WILL REMAIN IN COMPLIANCE WITH THIS AGREEMENT. IN ADDITION, IF THIS AGREEMENT IS BEING AGREED TO BY A COMPANY OR OTHER LEGAL ENTITY, THEN THE PERSON AGREEING TO THIS AGREEMENT ON BEHALF OF THAT COMPANY OR ENTITY HEREBY REPRESENTS AND WARRANTS THAT HE OR SHE IS AUTHORIZED AND LAWFULLY ABLE TO BIND THAT COMPANY OR ENTITY TO THIS AGREEMENT.
Specific Rights and Obligations of Parties.
Pursuant to the terms and conditions of this Agreement, Festival may use online system for (a) posting listings (“Listing(s)”) for third parties (“Entrants”) to enter Submissions (as defined below) to the Festival for the Competitions (as defined below), (b) processing and accepting Works, payments (as applicable), and other associated information or data (collectively defined as “Submissions”) submitted by Entrants for entry into any event(s) owned, branded, operated, or sponsored by the Festival and referenced in the applicable Listing (“Competition”), and (c) other marketing/advertising/promotional services and products, as applicable, to you (all the services described in this sentence are collectively defined as the “Festival Services”). The Festival Services may be made available to Festivals via www.sfveteransfilmfestival, or any other web site owned and/or operated (in whole or in part) by SFVFF or one of its affiliates, or any successor or replacement web sites to any of the aforementioned websites (individually and collectively such parties and their successors are “SFVFF” and the referenced websites and its successors are the “SFVFF Sites”). The parties agree certain Festivals that do not use SFVFF online submission system for Festival Services (as described in paragraph 16 below) will not be bound by paragraphs 1, 10, or 11 of this Agreement.
Use of Marks.
You grant to SFVFF a non-exclusive, worldwide, fully paid-up, license to use and display your trade names, logos, and trademarks ("Festival Marks") that you upload to the SFVFF Sites or provide via the Festival Services for the purposes of promoting the Competition or our affiliation with you. You agree to use the SFVFF logos in their original, unmodified form for the purposes of soliciting Submissions for your Competition and promoting yourself in connection with your Competition and in accordance with SFVFF Trademark Guidelines.
The parties agree SFVFF may use the Festival’s name and trademarks for the purpose of making public statements such as press releases and issuing marketing materials, provided that SFVFF adheres to reasonable standards for making such statements. Except for the purposes of promoting and publicizing that your Competition uses the Festival Services, you may not issue a press release or make any public statement concerning SFVFF or any of its Affiliates, this Agreement or its terms, or the relationship between you and SFVFF under this Agreement. For reference, festivals may use the following language in public statements and press releases to promote the Festival Services: Festival is launching submissions on SFVFF, the premier submission service for film festivals and filmmakers.
No Assignment of Intellectual Property Rights.
Except as expressly provided otherwise in this Agreement, each party's Intellectual Property are and shall remain the sole property of that party.
In connection with your use of the Festival Services, you ensure that (a) all the data and information posted to your Festival Services account and your Listing, and any other data or information requested by SFVFF, are accurate and will be updated accordingly on a timely basis, (b) all the information pertaining to the Competition’s rules, regulations, restrictions, descriptions, contact information, instructions for Entrants, Submission requirements, fees, discounts, deadlines, and dates displayed in the Listing and Competition’s SFVFF marketing materials are entirely accurate and consistent with such information published about your Competition on any other media or outlet which you use to solicit Submissions for your Competition, including the information you post on your own website and Submission-related materials (e.g., the Submission fees for Competitions advertised on your own website must be consistent with the fee schedule applied to Entrants of such Competitions through the Festival Services), and (c) you will comply with all tax-related requirements, including regulations which require you to provide your tax identity or to file additional paperwork.
If information related to your Competition referenced in your Listing needs to be materially updated or changed prior to the end date of the Competition, you must either (a) update your Listing on your own; provided that you must notify SFVFF in writing (email will be sufficient) prior to making any material changes to your Competition, or (b) notify SFVFF (email will be sufficient) to update your Listing on your behalf before making such changes to your own website, promotional materials, and any other media or outlet which you use to solicit Submissions for your Competition. The following are examples of what may constitute material changes to your Competition: (m) any modifications that may impact your Entrants or SFVFF or cause an abnormally high number of support inquiries to SFVFF, (n) changes to Submission requirements, (o) changes to location or venue (or cancellation thereof) for the Competition, (p) date changes to the Competition, and (q) changes to prizes or awards offered (or elimination thereof) in connection with the Competition.
Festival acknowledges and agrees it will fully comply with all its obligations and restrictions in connection with its use of the SFVFF Sites and Festivals Services, including the following:
You agree to fulfill and abide by any and all obligations for the Competition you set forth in the Listing, e.g., watch all Submissions submitted and received by you via the Festival Services and/or present awards/hold public viewing of winning Submissions.
During the applicable Competition’s Submission entry period, link(s) to the SFVFF submission form must be placed prominently (as prominent or more as any alternative methods of entry for Submissions, if applicable) on any media or outlet which you use to solicit Submissions for your Competition separate from the Festival Services, e.g., on your own website(s), entry forms and any related announcements during your Competition’s Submission entry period.
During the applicable Competition’s Submission entry period, you agree that you will promote your SFVFF call for entries on your websites, promotional materials, and social media outlets as prominently as any alternative methods of entry for Submissions, if applicable.
You agree it’s your sole responsibility to track and log all Submissions and associated materials, including the actual Submission entry fee payment received, (collectively defined as “Submissions Materials”) that you receive as part of a Submission via the Festival Services. You must acknowledge to Entrants and SFVFF the receipt of Submission Materials through the Festival Services’ tracking tool as described in our Tracking Policy. You agree any false reporting of received Submissions Materials will constitute a material breach of this Agreement. After the completion of your Competition, the Submissions that you received via the Festival Services will be archived in the Festival Services’ systems and you will no longer have the ability to track or receive Submissions through such systems for such completed Competition.
Prior to the activation of your Festival Services account, you agree you will submit for SFVFF's review and approval (such approval will be provided to you in the sole discretion of SFVFF) all terms or conditions that you separately require an Entrant to agree to in connection with your Competition.
In the event SFVFF has a reasonable belief that the Festival is committing any fraudulent or negligent acts in connection with its use of the Festival Services, including Festival fraudulently collects Submission entry fees, breach of the Tracking Policy, fails to review any Submissions, or fails to present awards/hold public viewing of winning Submissions, then SFVFF may require Festival to resolve such concerns to the reasonable satisfaction of SFVFF. If Festival fails to resolve such concerns to the reasonable satisfaction of SFVFF, then SFVFF reserves the right to immediately terminate Festival’s use and access to the Festival Services without any obligation to refund any monies to such Festival as contemplated by our Refund Policy.
You agree to notify all Entrants of your Competition’s final judgment or awards for Submissions through the Festival Services notification tool. This notification is accomplished by posting the final judging status to all Entrants whose Work is tracked blue In Consideration (per the Tracking Policy) on or before your deadline to notify Entrants of the final acceptance status of their Submission for the Competition (generally referenced as “Notification Date” in the Listings).
If your Listing indicates that you will offer any prizes and/or awards to Entrants in connection with the Competition, such prizes and/or awards must be delivered to the applicable Entrants no later than sixty days from the completion of your Competition or Submission deadline, as applicable. You agree to furnish to SFVFF any proof of delivered awards or prizes in connection with the Competition as requested by SFVFF.
If you fail to fulfill your obligations for the Competition, then you agree that you will (i) notify SFVFF before notifying Entrants of such failure, (ii) as contemplated by our Refund Policy, you will directly refund (or work with SFVFF in its discretion) to facilitate such refund to Entrants the full amount paid by each Entrant of the Submissions, and (iii) forfeit any marketing fees charged. If SFVFF, in its sole discretion, chooses to help you facilitate/process the refunds to Entrants described in this subsection (j), then SFVFF will have the right to deduct or charge any transactional fee and commission (as described in the Refund Policy) owed to SFVFF from such refund.
If the Festival has received a sufficient number of Submissions to fill the available number of Submission screening/selection slots for such Competition prior to the deadline of the Submission entry period, then Festival agrees to end its Submission entry period (online and offline as applicable) at such time for the Competition.
If the Festival uses the Festival Service’s messaging system to directly communicate with the Entrants, Festival agrees to limit its use of the messaging system for communications regarding the Entrant’s Submission for the Competition.
You agree to instruct all Entrants to contact SFVFF Support if they need assistance with uploading Submissions to the Festival Services, or generally need assistance from SFVFF.
Uptime for Festival Services.
SFVFF attempts to make its Festival Services operational and available to our customers 99% of the calendar year. SFVFF disclaims any and all responsible and liability for downtime for its Festival Services due to one or more of the following reasons: system bandwidth is not stable, SFVFF ISP has lost its connection, server and software upgrades, acts of nature, war or terrorism, phone company outages or periodic planned upgrades and outages, unauthorized attacks or usage. We will use commercially reasonable efforts to get the Festival Services back on-line.
SFVFF uses secure logins to ensure the privacy of the SFVFF sites. You are responsible for ensuring the security of your username and password. Each person who may access your Festival Services account must have their own unique username and password. You agree that any person to whom you provide your login and password is authorized to update your information and contract for services on the SFVFF Sites. If you lose control over your username and password, you agree to notify us immediately.
Payment of Fees.
The parties acknowledges and agree the Payment Policy, Schedule of Fees, Tracking Policy, and Refund Policy will govern both parties payment and other associated obligations in connection with the Festival Services.
Disclaimer of Warranties; Limitation of Liability.
NEITHER PARTY SHALL OWE ANY LIABILITY TO THE OTHER PARTY ARISING UNDER THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT OR BUSINESS OPPORTUNITIES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, NEITHER PARTY MAKES (AND WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, WITH REGARD TO ANY INFORMATION, DATA, CONTENT, PRODUCTS, FESTIVAL SERVICE OR OTHER ITEMS PROVIDED OR MADE AVAILABLE HEREUNDER. IF YOU (A) OBTAIN ANY SUBMISSIONS FOR YOUR COMPETITION THROUGH YOUR USE OF THE WEBSITE OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU, OR ANY OTHER ADVERSE CONSEQUENCE THAT RESULTS FROM SUCH ACTIONS. WE DO NOT MAKE ANY REPRESENTATION, WARRANTY OR ASSURANCE CONCERNING ANY MINIMUM OR MAXIMUM NUMBER OF USERS LIKELY TO ACCESS THE SFVFF SITES OR YOUR LISTING. LIABILITY FOR ANY DIRECT DAMAGES TO YOU AS A RESULT OF PERFORMANCE OR NON-PERFORMANCE UNDER THIS AGREEMENT SHALL BE LIMITED IN ALL CIRCUMSTANCES TO AN AMOUNT NO GREATER THAN ONE THOUSAND U.S. DOLLARS ($1,000.00).
Upon any termination or expiration of this Agreement, all rights and obligations of the parties will terminate, except that the rights and obligations of the parties under Sections 6, 9, 10, 11, 12, 15, and 16 together with any accrued but unpaid payment obligations under this Agreement, will survive the termination or expiration of this Agreement. No termination or expiration of this Agreement will relieve either party for any liability for any breach of, or liability accruing under, this Agreement prior to termination or expiration.
We reserve certain rights in connection with your use of your SFVFF or Festival Services account, including the following:
All Festivals are required to submit to an interview process prior to Festival’s activation and use of the Festival Services to allow SFVFF to determine, in its sole discretion, whether you can fulfill all the requirements and obligations in connection with the Festival Services, this Agreement, or the Competition. SFVFF reserves the right to limit and restrict the types of Competitions that may use the Festival Services and to refuse service to any Festival at any time. Your Festival Services account, your Competition, and the content of your Listing are subject to the review and approval of SFVFF.
If we are unable to reach you, via the contact information provided via your SFVFF account, within ten business days of our first contact attempt, we may, in our sole discretion, suspend, modify, or terminate your SFVFF account privileges and access to the Festival Services, and exercise our rights as described in the Refund Policy.
SFVFF may, in its sole discretion, provide you a free Listing option for your Competition which does not include the use of our Festival Services. SFVFF at its sole discretion reserves the right not to show such free Listing in our search engine if we deem the Listing to be incomplete, misleading or does not fall within the standard generally understood definition of a film festival, or if such Listing becomes outdated.
Your Purchase and Use of the Festival Services.
Your acceptance of this Agreement does not obligate you to purchase or use the Festival Services or other marketing packages we may make available to you; provided, however, you are responsible for any other expenses you incur at the time you activate your Festival Services account. SFVFF, in its sole discretion, may limit the number of SFVFF accounts you or your organization may request to activate and access the Festival Services. As described in the Schedule of Fees, you may be subject to change fees if you change or cancel any marketing packages you purchase.
The TOS and this Agreement constitute the entire agreement between you and us regarding the Festival Services, superseding any prior agreements between you and us. The terms of the Agreement will control in the event of any conflict between a provision contained in this Agreement and any provision of the TOS.