Santa Cruz Moto Film Festival

TERMS & CONDITIONS
All entries must be received by March 31, 2021.
By entering or submitting to Santa Cruz Moto Film Festival, the entrant acknowledges his/her understanding and agrees to all festival Rules, Terms, Conditions, Guidelines, and Disclaimer of Warranties associated with the festival and listed below.
1. The festival and our platforms reserve the right to refuse service to anyone.
2. Submitters agree that films will be shown via a limited-access online platform for a limited period in May 2021 to pre-registered attendees.
3. Submitters agree that clips from films and other materials related to their project may be used and/or published in the website, digital and print event programs and promo video, and for any promotional purposes deemed appropriate by the festival.
4. Entries in our festival are void where prohibited by law.
5. No screeners and/or promotional materials will be returned to the filmmaker, unless arranged in advance with the festival office via mail.
6. If selected, all commercial/private property including all trademark/copyrighted materials shown or recorded are the responsibility of the filmmaker.
7. The cost of delivery and pick-up of all materials is the responsibility of the filmmakers.
8. Screenings of accepted films are subject to delay and/or change at any time with or without prior notice.
9. By submitting to this festival, the submitter agrees to the following:
Submitter owns or controls the copyright in and to this film, and is authorized to submit this film to Santa Cruz Moto Film Festival and to the best of their knowledge, all statements of the following statements are true; This film contains no material which could result in tort claims, royalty claims, claims for breach of contract, or claims of any sort whatsoever; If this film is selected for screening, Submitter grants the festival the right to screen this film; Submitter understands and agrees that this film entry, if selected by the festival, may have elements used for promotional purposes for the festival, and/or its partners and submitter grants the rights to use up to two minutes of footage, photographic stills and/or titles and information from the film for promotional purposes; Submitter fully indemnifies and holds the festival, all screening venues and festival partners harmless from: a) damage to or loss of the film print, digital copy, DVD, BluRay, Hard Drive, DCP, or videotapes en route to or from the festival and/or during the course of festival or afterwards; and b) from any claims which may arise in connection with this film. If a claim arises in connection with this film, Submitter will bear all the costs of defense incurred and pay any award of damages which may ensue. Submitter also agrees to reimburse the festival for any attorney fees incurred in connection with the defense of any such claims.
10. Submitter understands that the festival reserves the right to place submitted film in the appropriate competition category. By submitting a film, Submitter admits to understanding and agreeing to comply with and agree to the all Santa Cruz Moto Film Festival, and all partner venue Terms of Entry, general rules, and eligibility requirements.
11. Submission Formats: The festival requires one digital file (with special advance permission submitters may be allowed to substitute an online screener, Blu-Ray, or DVD). Physical media should include the title and total running time. Preview materials will NOT be returned. Any subtitles for digital files must be burned-in; please do not submit separate subtitle files for screening or exhibition.
12. Entrants are responsible for obtaining any necessary licenses, royalties, release forms, clearances, and permits necessary to present their work. Santa Cruz Moto Film Festival and our venue partners are not responsible for any claim involving copyright, trademark, credits, or royalty infringement related to the work. In the event of copyright disputes, submissions or accepted films will be disqualified from the festival.
13. Submitters should avoid using copyrighted music in their submission unless they have the legal right to do so.
14. Video contents must be the exclusive property of the submitter; or the submitter must have the legal right to offer the material, in whole or in part, for any purpose, including, but not limited to, public exhibition, reproduction, and/or distribution through any medium and for any purpose, in perpetuity, without remuneration or consideration.
15. By submitting a video, submitter grants festival organizers to download and/or reproduce the contents of said video, in whole or in part, for any purpose, including, but not limited to, public exhibition, reproduction, and/or distribution through any medium and for any purpose, in perpetuity, without remuneration or consideration.
DISCLAIMER OF WARRANTIES
Submitter acknowledges and agrees that their use of website, attendance at Santa Cruz Moto Film Festival events, and submission entry into any festival event is at their sole risk.
Santa Cruz Moto Film Festival does not make any representation or warranty as to the accuracy, correctness, or completeness of any content appearing on the festival website or the FilmFreeway website and is not responsible for any errors or omissions of content, or generally for the reliability, accuracy, or quality of any content appearing on any website or any materials published, unpublished or distributed by Santa Cruz Moto Film Festival or any of its affiliates.
The Santa Cruz Moto Film Festival is not responsible for any failures, delays, or interruptions of any festival related website.
The festival and festival partners and venue make no representation of warranty and disclaim any implied warranties of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, and FITNESS FOR A PARTICULAR PURPOSE.
By submitting to the festival, YOU acknowledge and agree that under NO CIRCUMSTANCES WILL the festival or our venues be responsible for any loss or damage caused by your reliance on the content obtained by this or any Santa Cruz Moto Film Festival connected or related website, or caused by your conduct.
Indemnification - You agree to indemnify, defend and hold Santa Cruz Moto Film Festival, and our partner venues harmless from any claim, expense or demand, including without limitation reasonable attorneys´ fees, made by any third party due to, or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
Governing Law - You acknowledge and agree that this Agreement shall be governed by and construed in accordance with the internal laws of the state in which the festival occurs, excluding conflict of laws provisions thereof that would indicate the application of the laws of any other jurisdiction and you hereby submit to exclusive jurisdiction in the federal and state courts of the state in which the festival is held. You agree to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.
LIMITATION OF LIABILITY - IN NO EVENT SHALL Santa Cruz Moto Film Festival, or OUR PARTNER VENUES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH USE OF THE WEBSITE / ATTENDANCE AT ANY FESTIVAL EVENT / ENTERING ANY FESTIVAL COMPETITION / SUBMITTING ANY WORK FOR FESTIVAL REVIEW OR SCREENING, INCLUDING WITHOUT LIMITATION FOR LOST PROFITS OR BUSINESS, OR ANTICIPATED LOST PROFITS OR BUSINESS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Santa Cruz Moto Film Festival, AGGREGATE LIABILITY TO SUBMITTER OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR RELATED TO ANY FESTIVAL SITE OR TO THIS AGREEMENT IS LIMITED TO $100.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
You agree that this agreement may be automatically assigned by Santa Cruz Moto Film Festival, in its sole discretion, to a third party. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
This Agreement, along with any other terms and conditions regulating use of the Website, sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
The provisions of this Agreement and any ancillary terms and conditions will survive termination or expiration to extent necessary to carry out intentions of the parties.
Trademarks - Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names included in the Website are trademarks of the Santa Cruz Moto Film Festival, and are protected by the trademark laws of the United States and other jurisdictions. You may not use, copy, reproduce, republish, distribute, modify or post any Trademarks in any way, including in advertising or publicity pertaining to or distribution of materials on the Website, without our prior written consent. The Trademarks may not be used in any manner that is likely to cause confusion, or in any manner that disparages or discredits us.