The purpose of this contract is to lay out the Terms and Conditions of use for the service of the FEELMAKERS platform. Said platform is owned by the company CONTENT LINE, S.L., whose Tax ID number is B-86597978 and whose address is: Avda. de Concha Espina, 65 -2º, 28016 Madrid, Spain.
The FEELMAKERS platform allows its Licensor Users to make cinematographic works (documentaries, animation films and short films) "Content", or "Audiovisual Work(s)" to which they are titleholders, available to third-parties, so as to allow Spectator Users to view them via On Demand Video (making available to the public for a limited period of time an audiovisual work through digital communication, which allows the public to access to it from each chosen place and at each chosen time), or via direct sales in electronic format (method in which the consumer pays a set quantity for permanent rights -DTO- (Download to Own) – for a digital file containing the Audiovisual Work, as well as granting them the right to record the Audiovisual Work onto physical media (DTB - Download to Burn) to be viewed privately at any location).
In addition, CONTENT LINE offers Licensor Users its services pertaining to sales for the exploitation of the Content in any country via any method (television, video, commercial and non-commercial cinemas and associated rights).
To contribute Content to the Service, the User shall provide it to CONTENT LINE, by means of the indicated tool, and through a form to be filled out by the User with their contact details. CONTENT LINE shall approve or reject the contribution with complete freedom of criteria. Should said Content be approved, CONTENT LINE shall ask the User to create a FEELMAKERS (Licensor) account and upload their content to the FEELMAKERS platform.
The Licensor User, once duly registered on the FEELMAKERS platform, must complete the following:
(I) an artistic and technical data sheet for the Audiovisual Work, with a specified genre.
(II) a form granting the rights, specifying the methods of exploitation, the countries, languages and time periods and
(III) upload the Content to the platform in compliance with the following technical specifications: Files up to 2 GB in size in the following video formats: mp4, avi, mov, vob, flv, asf.After the Content has been approved and made available on the FEELMAKERS platform, CONTENT LINE may decide at any time to remove it from the platform, should it be deemed to no longer meet the criteria set by CONTENT LINE, in which case the Licensor User shall be notified.
3.- FEELMAKERS Accounts.
3.1 In order to upload Content to the FEELMAKERS platform, the User shall have to create a FEELMAKERS (Licensor) account. In creating the account, the User shall have to provide certain information in the correct way and in full. It is important that you keep your password to the FEELMAKERS (Licensor) account safe and secret.
3.2 The User shall immediately notify CONTENT LINE of any breach that they become aware of in security norms or any unauthorized use of their FEELMAKERS (Licensor) account. CONTENT LINE is not responsible for any use of the User account made by others, up until the second business day after receipt of the aforementioned notification.
3.3 The User agrees to be solely responsible for all activity that takes place on their FEELMAKERS (Licensor) account.
4.-Right of withdrawal.
A Licensor User who is an private individual that does not regularly engage in the production and/or distribution of audiovisual works shall have the right to withdrawal from the contract for granting rights within a period of fourteen (14) calendar days from the granting thereof, for any reason and at no cost. To exercise this right, he or she must email an unequivocal statement to CONTENT LINE at the address firstname.lastname@example.org, in which his or her decision to withdraw from the contract is declared. To do so, the following model may be filled out:
Attn: CONTENT LINE, S.L., whose business address is: calle de la Hiedra, 2C, 28036 Madrid:
I, _______________, on my own behalf, on behalf and representation of _____________ ________________________with tax number___________ and address _____________-
hereby inform you that I withdrawal from my contract granting intellectual property rights on the audiovisual work ______ directed by ____.
If this option is used, we will promptly reply by email acknowledging receipt of said withdrawal.
A Licensor User that is a legal entity or who, as a private individual, does regularly engage in production and/or distribution of audiovisual works, shall not have the right to withdrawal from the contract.
5.- Granting Intellectual Property rights.
5.1 The User wishing to upload Content to the FEELMAKERS platform shall first fill in an online form specifying the methods of exploitation, countries and time periods under which the rights to the Audiovisual Work are being granted to CONTENT LINE.
The Licensor User shall provide CONTENT LINE with their bank details at the time that the Licensor User issues the relevant invoice, without any need for the Licensor User to provide bank details at the time of registration to the FEELMAKERS platform.
Likewise, the Licensor User shall specify whether each of the Rights granted to CONTENT LINE is done so on an exclusive or non-exclusive basis. Once all the information in each section of the form has been completed, the Licensor User shall have the opportunity to edit or verify the information regarding the granting of rights. Once said information has been verified, and within a maximum period of forty-eight (48) hours, CONTENT LINE shall send a confirmation email to the address provided by the Licensor User when creating their Feelmakers (Licensor) account, with a document attached in which the conditions under which the rights are granted (methods of exploitation, countries, time periods, exclusive or non-exclusive basis) are laid out. This document may also be downloaded as a PDF file by the Licensor User at any time by clicking on "Download PDF granting of rights" in the tab "My Movies" in his or her Feelmakers (Licensor) account. Within a maximum period of one week from the receipt of this email, the Licensor User shall acknowledge receipt. CONTENT LINE shall not begin to exploit the rights granted until this acknowledgement has been received. If the Licensor User fails to acknowledge receipt within the allotted time period, the contract granting the rights shall be terminated.
5.2 If, after the right have been granted to CONTENT LINE, the Licensor User should wish to extend them, he or she may ask CONTENT LINE to enable the User to edit the data regarding the granting of rights by sending an email to email@example.com.
Once enabled to do so, the Licensor User shall be able to modify the form containing the information about the rights granted (adding methods of exploitation and countries not included earlier, extending the time period or approving exclusive rights when only non-exclusive rights had been granted previously), review the modifications made, and confirm them.
Once said modifications have been confirmed, CONTENT LINE shall review them and, after verifying that it is an extension of the rights granted, shall send a confirmation email to the address provided by the Licensor User when creating their Feelmakers (Licensor) account within a period of forty eight (48) hours, with a document attached in which the new conditions of the granting of rights are laid out. This document may also be downloaded as a PDF file by the Licensor User at any time by pressing "Download PDF granting of rights" in the tab "My Movies" in his or her Feelmakers (Licensor) account. Within a maximum period of one week from the receipt of this email, the Licensor User shall acknowledge receipt. CONTENT LINE shall not begin to exploit the rights granted under this extension until this acknowledgement has been received. If Licensor User fails to acknowledge receipt within the allotted time period, the extension of the contract granting the rights shall be considered renounced. During the time period between the confirmation of the form detailing the modifications to the conditions under which the rights have been granted and CONTENT LINE's receipt of the Licensor User's acknowledgement of receipt, the Content shall not be exploited via streaming on the FEELMAKERS platform.
5.3 The Licensor User acknowledges having granted to CONTENT LINE the rights of reproduction, distribution and public communication necessary for the exploitation of the Audiovisual Work via the methods, during the time period and in the countries indicated, with the option for granting rights to third-parties.
5.4 Once the initial period for each right granted has ended, it shall be automatically extended for year-long periods unless one of the parties informs the other in writing of its wish to not renew the right, which must be done at least one month prior to the ending of the initial period or the automatic renovation. The full duration of time of said granted right shall not exceed, however, the duration of the owner's copyright as established by law.
Should CONTENT LINE decide to withdrawal the Content from its platform before the contractual period has ended, without mediating non-compliance on the part of the Licensor User, the granting of rights by the Licensor User to CONTENT LINE shall be understood to be terminated.
5.5 As compensation for this granting of rights to CONTENT LINE, the Licensor User shall receive a part of the net revenue that CONTENT LINE charges for the exploitation of the Audiovisual Work. This part shall be sixty percent (60%) for the methods of exploitation under which the Licensor User has granted rights on an exclusive basis, and 50% for the methods of exploitation under which the rights have been granted on a non-exclusive basis.
Net revenue is understood to mean the amounts really charged by CONTENT LINE for the exploitation of the Works, one the bank fees for foreign echange and / or international transfers, applicable official taxes and Sales and/or physical distribution expenses (material creation, shipping and displacements costs) and Payments due to collection societies as per the licensed means of exploitation, as per the applicable Spanish copyright laws
5.6 CONTENT LINE shall deliver to the Licensor User a record of the revenue received as a result of the exploitation of the Audiovisual Work within the 15 calendar days following the end of each calendar quarter, with regard to said time period. Once it is received, the Licensor User must issue an invoice to CONTENT LINE for their corresponding amount of the profit, which shall be paid by bank transfer to the bank account number that the Licensor User shall provide to this effect upon registering it as such within the ten days following the receipt of the invoice.
If the amount due to the Licensor User in the corresponding quarter should be less than thirty Euros (30€), it shall accumulate over the sucessive periods until said threshold is reached before an invoice may be issued. ?CONTENT LINE may end the contract and withdrawal the content from its platform, as long as it pays the Licensor User the amount due to them up to that time, even if said amount is under 30 Euros.
5.7 The Licensor User authorizes CONTENT LINE to use the Content, extracts thereof, as well as the names and brands associated with it, for promoting its platform and services.
5.8 The Licensor User authorizes CONTENT LINE to include the Content provided in the folder of films "Feel Specials" on the Feelmakers platform itself and at a discounted price, if CONTENT LINE so requires.
CONTENT LINE shall undertake to always notify the Licensor User that their Content is to be included in the aforementioned folder of "Feel Special" films and the price at which it is to be offered to spectators.
6.- Guarantees of the Licesnor User.
6.1 The Licensor User declares to be the legitimate titleholder to the relevant rights of reproduction, distribution and public exhibition in order to grant the exploitation rights under the terms of this contract.
The Licensor User shall not publish any Content that might contain material, the possession of which is illegal for the Licensor User in their country of residence, or whose use or possession might be illegal for CONTENT LINE in providing its services.
The Licensor User shall guarantee that the Content it provides to the Service does not contain material subject to third-party intellectual or industrial property copyright unless he or she has acquired it from a license or formal authorization, or is legally authorized in any other way to make use of the material in question.
6.2 The Licensor User shall assume liability to CONTENT LINE for all claims, both judicial and extra-judicial, that might be issued by third parties against CONTENT LINE for exercising the rights subject to this contract. The Licensor User shall bear the expenses that might result from claims or lawsuits that arise for these reasons, without prejudice to compensatory actions that might be executed by CONTENT LINE against the Licensor User.
6.3 The Licensor User guarantees that the tax information provided to CONTENT LINE is correct and shall assume liability to CONTENT LINE for all claims that CONTENT LINE might receive from third-parties in this respect.
7.- Guarantees and liability exclusions for CONTENT LINE.
7.1 Given the special conditions of use for intellectual property rights on the internet, CONTENT LINE shall make every effort to avoid breaching third-party rights and ensure the proper functioning of the platform within market standards. CONTENT LINE guarantees access to its services and, given the possibility of incidents arising from technical issues, the following contact information is provided to the Users: For technical problems viewing streaming media: firstname.lastname@example.org -For problems with paid services: email@example.com -For problems regarding news, granting of rights, or user registration: firstname.lastname@example.org .
Claims shall be processed within a period of two business days from the day they are received by CONTENT LINE (business days shall be understood to be those for the city of Madrid).
7.2 CONTENT LINE uses a system for regional encoding and safety measures through the digital rights management on FEELMAKERS.
7.4. CONTENT LINE shall not assume liability for violations of rights that might arise from Content made available by Licensor Users. Notwithstanding the foregoing, should CONTENT LINE be informed of any Content's possible breach of third-party rights or of a country's legislation, it shall withdraw it from the FEELMAKERS platform within a period of forty-eight (48) hours, or it shall make it impossible to access, until (I) the breach has been verified and the Content is definitively removed from the FEELMAKERS platform, (II) or the accusation has been proven false and the Content is once again made available to the Spectator Users. CONTENT LINE shall require its sub-licensors to cease in their use of the Content until the actual breach or falsity of the accusation is ascertained.
8. Protection of personal data.
Pursuant to the provisions of Law 15/1999 of December 13, regarding the Protection of Personal Data, CONTENT LINE informs the User that all data provided or required for subscribing or registering to the website operated by CONTENT LINE, S.L. located at the URL: http://www.feelmakers.com, or the services that might be contracted or purchased through said website, shall be stored to a file owned and managed by CONTENT LINE S.L., who shall process them with the utmost confidentiality.
CONTENT LINE shall process the data for promotional purposes and for commercial research in order to inform the User of offers and promotions that might be considered of interest to them, for managing, administering, providing, expanding and improving services that the User can decide to subscribe to, register for, or to adapt and update said services, and for sending via traditional or electronic means, technical, operational and commercial information regarding products and services offered by CONTENT LINE.
The aforementioned shall involve sending the User information, advertising and business promotions for the services marketed by CONTENT LINE.
The User's consent for processing their data for the purposes stated in the preceding paragraph shall be given fully and unequivocally through the transmission of said data to CONTENT LINE by the Users. The owner of the data must be of legal age. Otherwise, explicit authorization must be signed and submitted by their parents or legal guardians.
Users are informed that they can, upon request to the data controller, exercise their rights to access, modify, cancel and object to receiving any kind of advertising, and withdraw their consent by sending a message to that effect to email@example.com, with the subject heading "LOPD" and a statement indicating the User's ID information, along with the services in question.
10. Granting rights to third-parties.
CONTENT LINE shall be able to grant the rights and obligations under this contract to a third party without the need for prior consent from the Licensor User, though always under the obligation to notify beforehand.
?11. Law and Jurisdiction.
All the Terms and Conditions appearing on the Website are governed by Spanish law. All disputes arising from the Terms and Conditions of Use and/or the use of the FEELMAKERS platform shall be subject to the Courts of the City of Madrid, Spain, and the parties expressly waive any immunity that might be afforded to them.