Uploaded Film License Agreement Terms and Conditions

Filmmaker Acceptance.

BY UPLOADING SHORT FILMS TO THIS WEBSITE (the “InMyShorts Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THIS LICENSE AGREEMENT (the "Upload Terms"), THE TERMS AND CONDINTIONS OF INMYSHORTS TERMS OF USE (published at http://www.inmyshorts.com/termsofuse) (the “Terms of Use”), AND THE TERMS AND CONDITIONS OF INMYSHORTS'S PRIVACY NOTICE, (published at http://www.inmyshorts.com/privacy) (the “Privacy Notice”).  The Terms of Use and the Privacy Notice are by reference made a part of these Upload Terms. If you do not agree to any of these terms, then please do not upload your short films to the InMyShorts Website.

Short Film Uploads.

InMyShorts, Inc. (“we,” “us,” “our,” or the “Company”) may now or in the future allow filmmakers to submit (or “to upload”) short films (“Upload(s)”) which, upon our approval and at our sole discretion, we will host on our servers and publish via our website in accordance with the terms, conditions and agreements contained in this agreement, the Terms of Use, and the Privacy notice, which terms, conditions and agreements you explicitly agree to by uploading films to the Website.  We reserve the right to reject any Upload and refrain from hosting or publishing any Upload for any reason whatsoever.

Rights Granted. 

By submitting Upload(s) to InMyShorts, you hereby grant us a worldwide, exclusive, royalty-free, sublicenseable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Uploads in connection with the Website and InMyShort’s (and its successor's) business(es), including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your Uploads through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such Uploads as permitted through the functionality of the Website and under these Terms of Service.

Term and Termination.  

The Term of this Agreement as to each individual Upload begins the moment you deliver your Upload to us via the internet, by email, or by any other means.  Such Term ends when the Upload is permanently removed from the Website.

We have the right to remove your film from the Website, and by such removal terminate this agreement, at any time, for any reason.  Our removal of your film from the Website will concurrently constitute notice of such removal.  We may also, at our discretion, notify you of such removal by other means including, without limitation, posting a message to your InMyShorts.com account or sending you an email. 

You also have the right to remove your film from the Website at any time, for any reason, upon thirty (30) days notice delivered to us through your account at InMyShorts.com. 

Representations and Warranties.  

You shall be solely responsible for your own Uploads and the consequences of posting or publishing them. In connection with Uploads, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize InMyShorts to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Uploads to enable inclusion and use of the Uploads in the manner contemplated by the Website and these Upload Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Uploads to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Uploads in the manner contemplated by the Website and these Terms of Service.

In connection with your Uploads, you further represent, warrant and agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant InMyShorts all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage InMyShorts or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person.

These Upload Terms will be construed and enforced under and subject to the laws of the State of New York, without regard to choice of law rules.  Should a dispute arise between you and InMyShorts concerning the interpretation of this agreement or concerning an alleged breach of this agreement, which we are unable to resolve after consultation with each other, such dispute shall be decided by binding arbitration pursuant to the regulations and procedures of the American Arbitration Association in New York City.  The parties agree that any award rendered by the American Arbitration Association may be entered in the appropriate state or federal courts located in the County of New York, State of New York.