The Short Film Show & The Short Film Channel
(The Terms and Conditions for Uploaded Content (“Terms”))
- Registration and Acceptance of Terms
Please carefully read these Terms which specifically relate to the members’ area of www.theshortfilmshow.com (this “website”) & The Short Film Show Ltd (“we” “us” or “our”) making available to you a means to upload video content in accordance with these Terms.
These Terms become binding upon an individual registering on the website (“you” or “your”) once you click to accept these Terms (“Acceptance Date”).
You will need to accept these Terms and pay the Fee (as defined below) if you wish to upload visual and audio visual submissions (“Content”). You have a 14-day period after the date upon which you upload each item of Content in which you can contact us to withdraw that Content.
Click here to sign up for an account, by clicking ‘ACCEPT’ you agree to be bound by these Terms.
- Eligibility
In order to register for an account, you must be over 18 years old. If you are under the age of 18 you must ask a parent or guardian to create an account on your behalf who will then need to upload Content on your behalf. You can upload an unlimited amount of Content once you have registered an account.
- Content Submission
We produce a television show (the “Programme”) designed to connect short filmmakers with global TV audiences. Additionally, we package Content for a dedicated television channel (the “Channel”) that showcases short films curated into playlists. We also publish Content on our social media platforms, website, and other digital media channels. As part of our broadcasting model, we rent airtime alongside other programming.
We welcome Content submissions from all filmmakers, ranging from novices to award-winning directors, subject to these Terms. Our aim is to present such Content as part of the Programme or other media formats, ensuring it resonates with audiences of all ages.
By uploading Content to us, you agree that it will be considered at our sole discretion for inclusion in the Programme or any other media format owned or operated by us, including “The Short Film Show,” “The Short Film Channel,” our website (www.theshortfilmshow.com) our social media platforms, and any associated promotional or advertising activities. While we strive to select the best submissions, not all Content will be chosen for the Programme or Channel. However, all submissions will be retained by us for potential future use, at our sole discretion.
Upon submitting your Content, you will receive an automated email confirming the successful upload. All submissions undergo a thorough review to determine their suitability for broadcast. You will be notified if your Content is selected for inclusion in the Programme, the Channel, or other media.
We are under no obligation to use any submitted Content. Nevertheless, the rights granted to us under these Terms remain valid and binding as part of the opportunity provided to you.
We also reserve the right to accept Content from third parties, including but not limited to film festivals, broadcasters, public organizations, sponsors, schools, colleges, and universities, for use in the Programme and/or Channel.
- Technical Requirements
Currently we can only accept Content up to 45 minutes in length. All video files must be at least HD 720p and preferably with 5.1 audio. The best files for us are .MP4 or .MOV H.264 or ProRes 422. Important – file sizes should be UNDER 5GB. If your Content is not in English it needs to have English subtitles. We provide no warranty regarding uninterrupted use of the website and provide no warranty that the upload service will be available at all times. We reserve the right to reject or refuse Content for any reason.
- Intellectual property rights – Content
5.1 In order that we can confidently use the Content you upload, you must ensure that you are the owner of the Content and have obtained any permission to use any music, actors, artwork or any other material which is contained within your uploaded Content.
5.2 Accordingly, you warrant and undertake to us that:
(a) you are the full and legal owner of all rights (including, without limitation, any and all intellectual property rights) in and to the Content;
(b) you have the full right to enter into these Terms and grant the rights (including, without limitation, any and all intellectual property rights) in and to the Content;
(c) you have obtained all required clearances necessary in order for us to exercise the rights granted by you and you confirm and warrant that we will not be required to obtain any other or separate rights, clearances or license, nor shall we be required to make any payments to any parties in order to exercise the rights granted by you herein;
(d) all individuals featured in the Content have provided full consent to their inclusion in the Content and you have obtained all required consents, from any individuals, groups, parties or locations, so that you are able to grant the rights granted herein. You agree that you shall procure, execute and provide any such additional documents (required by us, in our sole discretion) and perform such acts as may reasonably be required to give full effect to these Terms;
(e) nothing in the Content, nor its use or exploitation by us, our permitted licensees and/or any other third party’s use of the Content authorised by us, will infringe or violate the rights or interests of any party (including but not limited to, intellectual property rights, rights of privacy, image rights, moral rights or any other statutory, common law or contractual rights of any individual person or entity or any other right of any third party), breach any contract or duty of confidence or constitute a contempt of court;
(f) nothing in the Content, nor its use or exploitation by us, our permitted licensees and/or any other third party’s use of the Content as authorised by us, will be defamatory, obscene or otherwise unlawful, or bring us or any third party into disrepute;
(g) there has been no infringement of any third party’s intellectual property nor is there likely to be any infringement of any third party’s intellectual property as a result of any or all of the Content; and
(h) in respect of Content submitted by you, you will be liable for any claims brought against us by any third party in respect of any infringement of their intellectual property, for passing off or for any other claims arising directly or indirectly from our use of Content in accordance with the rights granted to us in these Terms.
5.3 We operate a strict copyright breach policy and any third party alleging that any Content is in breach of a third party’s copyright, should notify us of the alleged breach by using our Copyright Breach Form.
5.4 Where we receive any notification of an alleged breach or infringement of third party copyright, we will investigate the alleged breach and cease using the Content during the investigation. We will notify you and any third party of the outcome of the investigation.
- Intellectual property rights – Rights you licence
From the Acceptance Date, you irrevocably (except as set out in Condition 1) grant to us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce and/or sub-licence the Content, including (but not limited to) to show the Content on the Programme or any other programmes, websites or channels (including Channels), and for any form of promotion or marketing, on any and all media, whether now known or hereafter invented, anywhere in the world. Whilst we will not edit any Content, we may speed up the credits at the end of the Content and overlay graphics to identify the film and filmmaker. We may share promotional material containing your Content on our website and social media accounts.
You have not granted, nor shall you grant, to anyone else any right which would prevent or impair in any way your right to licence the rights (including, without limitation, any and all intellectual property rights) to us or which conflict with the rights being granted by you to us.
You understand and agree that the rights granted herein in relation to the Content shall remain in full force and effect regardless of whether the Content is featured on the Programme or Channel or not.
These Terms shall extend to our licensees, sub-licensees, assignees and successors in title.
- Your Responsibilities
7.1 You undertake to us that:
(a) you have used your reasonable endeavours to ensure that the Content does not contain any viruses or malware; and
(b) you will not upload any Content which contains material which is unlawful for you to possess, or which would be unlawful for us to use on the Programme or Channel.
- Limitation of Liability
8.1 All warranties, undertakings and conditions implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms.
8.2 We shall not be in breach of these Terms or have any liability to you for any delay in performing or failure to perform any of our obligations to the extent that such delay or failure is the result of any act or omission of yours.
8.3 We shall not be liable to you for:
(a) economic loss including without limitation loss of contracts, loss of business, loss of revenue, loss of profits, depletion of goodwill or similar losses, loss of opportunity or anticipated savings; or
(b) loss or corruption of data or information or loss of use; or
(c) any special, indirect or consequential loss or damage of whatsoever nature,
whether such loss or damage arises under contract (including as a result of a fundamental and/or repudiatory breach), statute, tort (including negligence) or otherwise.
8.4 Nothing in these Terms shall be interpreted or construed as excluding or limiting our liability for:
(a) death or personal injury resulting from our negligence; or for
(b) any damage or liability incurred as a result of our fraud or fraudulent misrepresentation.
8.5 The parties expressly agree that the exclusions and limitations of liability contained in this Condition 8 are fair and reasonable.
8. Content Removal Process
User-Initiated Removal Requests: (a) If you wish to request the removal of your Content after submission, you must provide a written request to The Short Film Show Ltd at info@theshortfilmshow.com. (b) Requests for removal will be considered on a case-by-case basis. (c) If the Content has already been published, included in the Programme, or distributed across any media platform, we reserve the right to decline the removal request unless legally required to do so.
Platform-Initiated Removal: (a) The Short Film Show Ltd reserves the right to remove Content at its sole discretion if it: (i) Violates these Terms or any applicable laws or regulations. (ii) Is deemed inappropriate, defamatory, obscene, or harmful. (iii) Is subject to a third-party claim or legal dispute. (b) In such cases, we may notify you of the removal and the reasons behind it, unless restricted by law or legal proceedings.
Retention of Rights: (a) Even if Content is removed from our platforms, the rights granted to us under these Terms may remain valid for archival, legal, or contractual purposes, unless explicitly agreed otherwise.
- Indemnification
You agree to indemnify, defend, and hold harmless The Short Film Show Ltd, its directors, officers, employees, agents, affiliates, and representatives (collectively, the “Indemnified Parties”) from and against any and all claims, damages, liabilities, losses, costs, and expenses, including reasonable legal fees, arising out of or in connection with:
(a) Your breach of these Terms or any warranties provided herein.
(b) The Content you submit, including but not limited to claims that your Content infringes upon or violates any intellectual property rights, privacy rights, moral rights, or other third-party rights.
(c) Any misuse of the Platform by you or any third party using your account credentials, whether with or without your knowledge or consent.
(d) Any misrepresentation made by you in connection with the Content or its compliance with these Terms.
You agree to cooperate fully with the Indemnified Parties in the defense of any claim. The Indemnified Parties reserve the right, at their sole expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not settle any claim without the prior written consent of the Indemnified Parties.
- Notices
Any notice required or permitted to be given by either party to the other under these Terms shall be sent by email. To prove service, it shall be sufficient to show that the email was delivered to the email address of the other party.
- Exclusion of Warranties
11.1 Nothing in these Terms shall affect your statutory rights as a consumer.
11.2 The website, the Programme and Channel are provided by us ‘as is’ and we make no warranty or representation to you regarding the availability of the Website or Channel. In particular, we do not warrant to you that:
(a) your use of our website will meet your requirements, or
(b) that your use of our website will be uninterrupted, timely, secure or free from error, and
(c) the Channel will be on air at all times.
- Public Disclosure
You agree not to make any disclosures or supply any information to any third party relating to any matters arising under these Terms, save with our prior written consent.
You hereby grant us the right to issue publicly details relating to the Content and/or any other information relating to you and/or the Content (including but not limited to your name, photograph(s), likeness or other details about you).
- Data Protection
Where we receive any personal data (as defined by the UK General Data Protection Regulation and Data Protection Act 2018, as amended from time to time) (the “Act”) from you, we shall ensure that we fully comply with the provisions and obligations of applicable data protection legislation and only deal with the personal data to fulfil our obligations or to exercise our rights under these Terms. For further details on how we process personal data can be found here http://theshortfilmshow.com/privacy-policy/.
- Entire Agreement
These Terms constitute and set out the entire agreement between the parties at the Acceptance Date relating to the subject matter of these Terms and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between the parties, whether written or oral, relating to its subject matter.
- Third Party Rights
A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 or otherwise to rely upon or enforce these Terms.
- Governing law and Jurisdiction
Any dispute or claim arising out of these Terms or in connection with them or the subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law and the parties hereby agree that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms.
