Terms and Conditions

Terms and Conditions

Agreement between User and Fimfest.

Welcome to https://submit.filmfest.net/ (“this Website”) .These terms and conditions outline the rules and regulations for the use of this Website.

By accessing this Website we assume you accept these terms and conditions in full. Do not continue to use this Website if you do not accept all of the terms and conditions stated on this page.

Submission of Material

You are welcome to submit short film(s) as provided for under the Contest’s Rules which film(s) shall be posted on Filmfest’s website Filmfest.net. We have the absolute right to make use of the film(s) in any way we choose without incurring any liability to you, whether in respect of payment or otherwise.

You must ensure that your submissions comply with all relevant laws, rules and regulations. If need be you are advised to seek legal advice in advance. If our use of your film or posting of your submission results in any liability to us, you agree to make good all losses we incur of whatever nature.

You will make sure that any necessary consent, waiver, clearance, license or approval required for Filmfest to make use of the content has been obtained and that any fees or payments relating thereto have been paid; and you have not entered into, nor will you enter into, any agreement or arrangement which could conflict with your obligations to Filmfest under these terms and conditions. Should you enter into any agreement or arrangement that conflicts with your obligations under these Terms and Conditions, you shall immediately inform us of the same and if need the Material submitted by yourself shall be  withdrawn from the Contest subject to the provisions set out below.

Withdrawal of Material

You are at liberty to request that any of the material you have submitted be withdrawn from the contest, deleted from our website, Instagram Account, or from any marketing or advertising content used to promote the contest or festival via a written notice sent to: admin@filmfest.net. We undertake to withdraw or delete any material subject to such notice within thirty (30) days from the date of receipt of the notice.

Contest’s Rules & Guidelines

  1. In all cases, the entrant will be bound by the Contest Rules & Guidelines available at: Contest Rules, the Privacy Policy available at: Privacy Policy.
  2. Contests are run by: Filmfest, LLC. Where contests are co-promoted with external companies, bodies or organizations this will be clearly stated in the publicity literature for the contest. In such situations, the co-organizers’ Terms and Conditions and Privacy Policy will apply.
  • To be eligible for the Contest, Entrants must complete the online entry form and submit their film as described in the Contest Rules and Guidelines.
  1. The contests are not open to Filmfest’s employees or members of their immediate families or agents and anyone else connected with Filmfest.
  2. Winners will be notified by phone, e-mail or post and their first name will be published on this website and Filmfest’s social media accounts.
  3. The closing date is as specified in each contest, and Filmfest reserves the right to amend the competition end date at any time.
  4. The prize may not be transferable to another person.
  5. The Festival /Contest shall be open to anyone who is thirteen (13) years and above. Filmfest assumes that if you are under 18 years old, your parent(s) or guardian(s) have consented to your entry into the contest and these Rules. If a contest is only open to a certain age group (e.g. 18 and over), this will be set out in the Contest Notice and Filmfest assumes that by entering the competition (and you warrant that) you are the appropriate age to enter the competition.
  6. Responsibility will not be accepted for loss of any entries.


You represent, warrant and agree that:

  1. You are the owner of all the rights in the content and where necessary all the required licenses or consents have been duly obtained.
  2. No content submitted by you will:

– be defamatory, abusive or offensive; infringe the copyright, moral right, performing rights, rights of privacy, trade mark or other proprietary right of  any third party; constitute a misuse of any confidential information of a third party

– advertise, promote or endorse any products or services

– adversely affect the reputation of  Filmfest; be false or misleading; omit information that should be disclosed by you; contain software viruses or any other computer code, files or programs designed to affect the functionality of any computer software, hardware or telecommunications equipment.

Privacy

Your use of this Website is subject to Filmfest’s Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices.

Electronic Communications

Visiting this Website or sending emails to Filmfest constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.

Links to Third Party Sites/Third Party Services

This Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Filmfest and Filmfest is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Linking to another website takes you away from this Website and subjects you to the Terms of Use and privacy policy of the new website.  Filmfest is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Filmfest of this Website or any association with its operators.

Disclaimer of Endorsement

This Website may display products, services or content supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, users, or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of Filmfest.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use this Website strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Filmfest that you will not use this Website for any purpose that is unlawful or prohibited by these Terms. You may not use this Website in any manner which could damage, disable, overburden, or impair this Website or interfere with any other party’s use and enjoyment of this Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Website.

All content included as part of this Website, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on this Website, is the property of  Filmfest or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on this Website.

Filmfest content is not for resale. Your use of this Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Filmfest and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Filmfest or our licensors except as expressly authorized by these Terms.

International Users

The Website is controlled, operated and administered by Filmfest from our offices within the State of Florida. If you access the Website or participate in the Contest or Festival from a location outside of the State of Florida in the United States of America, you are responsible for compliance with all local laws, rules and regulations of your Country or State of origin or residence. You agree that you will not use Filmfest Content accessed through this Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Filmfest, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use this Website any submissions made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Filmfest reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Filmfest in asserting any available defenses.

Violation of these Terms and Conditions

Filmfest may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of this Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Filmfest’s rights or property, or the rights or property of visitors to or users of this Website. Filmfest reserves the right at all times to disclose any information that Filmfest deems necessary to comply with any applicable law, regulation, and legal process or governmental request. Filmfest also may disclose your information when Filmfest determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

Liability Disclaimer

THE INFORMATION AND SOFTWARE INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FILMFEST MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEBSITEAT ANY TIME. FILMFEST MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE AND RELATED GRAPHICS CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. FILMFEST HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL  FILMFEST  BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THIS WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE  AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FILMFEST HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Force Majeure

Filmfest shall be excused from performance under these Terms and Conditions if Filmfest is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under these Terms of Use by reason of: (a) any provision of any present or future law, regulation, order, ordinances, acts or mandates of  any state or municipality thereof which prohibit, restrict, or regulate Filmfest’s performance of its obligations and/or the receipt of its intended benefits under this Agreement ; (b) any act or omissions of a third party; or (c) any act of God, emergency condition, war, flood, earthquake, storm, fire, lightning, labor actions or work stoppages (including, without limitation, strikes, sympathy strikes, and lockouts), natural calamities, national emergencies, public health crises (e.g., infectious diseases, epidemics, pandemics, etc., and all orders relating thereto that are issued by any governmental entity or authority), declarations of war, riot, civil disturbance, sabotage, explosions, or terrorism.

Termination/Access Restriction

Filmfest reserves the right, in its sole discretion, to terminate your access to this Website and the related services or any portion thereof at any time, without notice.

No Guarantee of Confidentiality or Reliability

Filmfest does not guarantee the confidentiality or reliability of any communications made through this Website.

 Advertisers

This Website may contain advertisements. The inclusion of advertisements on this Website does not imply endorsement of the advertised products or services. Filmfest shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on this Website. Further, shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on this Website. You shall be solely responsible for any correspondence or transactions you have with any third party advertisers.

Governing Law and Dispute Resolution

These Terms and Conditions and the agreement arising from use of this website shall be governed and construed in accordance with the Laws of the State of Florida.  The parties agree that any dispute arising out of these Terms and Conditions shall be resolved by binding arbitration administered under the laws of State of Florida. The parties shall agree to an Arbitrator.  All awards of the Arbitrator shall be binding.  Judgment upon the award of the Arbitrator may be entered in any court having jurisdiction.  The Arbitrator shall apply the laws of State of Florida to the merits of any dispute or claim.  The parties will not raise in connection therewith, and hereby waive, any defenses based upon venue, the inconvenience of the forum, the right to a jury trial, the lack of personal jurisdiction, the sufficiency of service of process, or the like, in any action, suit or proceeding. 

Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by  Filmfest without restriction.

General Provisions

Filmfest’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Filmfest’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by Filmfest with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Filmfest reserves the right, in its sole discretion, to change this Terms and Conditions. The most current version of the Terms and Conditions will supersede all previous versions. Filmfest encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Filmfest welcomes your questions or comments regarding the Terms and Conditions:

Email Address: admin@filmfest.net

Effective as of: January 17, 2023

Submit Film