“You Be the Judge”
TERMS AND CONDITIONS
The following is an explanation of the Terms and Conditions governing the general participation, as well as the submission of (including but not limited to) a feature or short film, trailer, documentary, music video, web series, reality show pilot, demo reel, feature or short animation, sizzle reel, screenplay, musical works, images, clips, and stills (hereafter called the “Project(s)”) to IndieWise, (hereafter called the “Festival”) for participation as either a consumer of independent film projects, a critic, enthusiast, advertiser, sponsor, or filmmaker/artist seeking feedback on their content. All information contained in this agreement shall herein supersede any prior information regarding participation in the “Festival”.
1. The purpose of IndieWise is to allow for an open platform of Independent Filmmakers, Artists, and Art Lovers, who seek Objective Feedback on their work from peers, and wish to also participate in providing feedback and judging other projects or works.
You agree to be bound and abide by this Agreement if you (A) Sign up or use IndieWise as a customer; or (B) pay for any IndieWise product or service, or (C) otherwise use any of the IndieWise Web/Mobile Applications for any reason. Your use of IndieWise is contingent upon your agreement to these terms set forth below. If you do not agree to these terms, you cannot use IndieWise.
1. User is bound to these IndieWise Terms and Conditions from the moment he/she registers, up to 48 Calendar months after any manner of termination of use, including but not limited to: voluntary cease of usage, permanent ban.
By agreeing to the Terms and Conditions found on the “Festival” Website, located at https://getindiewise.com/terms-of-service the person submitting the Project and all content therein (hereafter called the “User”) acknowledges that he or she owns the rights to the Project, or has obtained consent from any and all owners, creators, writers, Producers and/or other authorized representatives of the Project whose consent is required to submit the Project to the Festival, and has read, understood, and agreed to all the Terms and Conditions set forth below:
You are the creator and legal owner of the Project, or have secured all necessary rights to submit the Project.
There are no disputes regarding ownership of the Project, and IndieWise’s use of the Project will not cause injury to, violate, or infringe upon the rights of any other person or entity.
You grant IndieWise a non-exclusive, royalty-free license to feature and display the Project.
You are eighteen (18) years or older, an emancipated minor, or have obtained the authorization to enter IndieWise from a parent or legal guardian.
You acknowledge and understand the inherent risks involved in submitting, screening, and publishing the Project through an online platform.
You assume sole and full responsibility for the Project, and agree to hold IndieWise harmless from and defend IndieWise against any and all claims, demands, losses and damages, judgments, liabilities, and expenses (including, but not limited to, attorney's fees) arising out of or in connection with any and all claims related to any Project submitted to IndieWise.
IndieWise does not acquire any right or ownership in your Intellectual Property as a result of your participation in IndieWise.
AMENDMENTS AND MODIFICATIONS
1. While IndieWise will make attempts to alert or notify all users of major modifications, IndieWise may modify this Agreement from time to time with or without prior notice, and any changes to the Agreement are immediately effective upon posting the Agreement to the IndieWise Website. You agree, and it is your responsibility, to review this Agreement regularly to ensure you are aware of any changes.
There is a maximum upload limit of 3 Projects per User. Furthermore, the maximum file size per upload is 2.75GB. However, for a small monthly fee, a user can achieve additional Uploads. See detailed fees outlined in, Table 1.1 on Page 3, of these Terms and Conditions.
SERVICE / BENEFIT
Up to 5 Uploads
Up to 10 Uploads
Professional Progress Report
Crowdfunding / Donations (Coming Soon)
3% - %4
Spot (out of 2 total spots)
(See Advertise Page)
SUBMISSION, USAGE & PARTICIPATION
Any and all submissions must be properly categorized and must meet the parameters outlined for the categories outlined in Table 2.2 on Page 12 of these Terms & Conditions. Works submitted that fail to adhere to the guidelines and/or Terms and Conditions are subject to removal. IndieWise reserves the right to determine if a project fails to adhere to the guidelines.
There is No Fee Required to Register, Submit or Participate in the “Festival”.
IndieWise is a platform strictly for Independent Filmmakers with Original Content. We will not accept any Non-Independent, Studio, and/or Mainstream Project that already has wide or theatrical distribution, unless you can prove you exclusively own the Project rights or that the distributor has granted you permission, in writing, to enter the Festival.
Festival reserves the sole and exclusive right to determine if previously released, previously or currently distributed Project will be eligible for the Festival. User is solely and exclusively responsible for any works submitted that are in violation of copyright.
Submission of Project:
It is the sole responsibility of the User to ensure that any Project submitted via URL Link (Youtube/Vimeo, etc.) is correct and functions. The same is true for .MP4 Video File Upload. In the event that a URL Link submission or .MP4 Video File is unable to be viewed or fails to play, the Festival reserves the right to disqualify or remove, without refund of any or all service fees previously collected from the User, any Project for which such aforementioned or similar issues should arise. However, the user has the option to re- upload a working URL Link or .MP4 Video File.
Upon completion of the Festival selection process, the Festival will attempt to contact the User using the contact information provided on the submission form to notify the User of the Project’s acceptance status. The Festival disavows any responsibility for, and will not be held responsible for, any failure to contact the User for any reason, including but not limited to incorrect contact information provided on the submission form. It is the sole responsibility of the User to ensure that the contact information provided on the submission form is correct and up to date.
The Festival is under no obligation to provide to the User or any other representative of the Project any comments or feedback regarding the submitted Project, and IndieWise disavows any responsibility for, and will not be held responsible or liable for, the contents of any internal comments or feedback from other Users regarding any Project that are or may be obtained by the User or any other representative of the Project; any communications by any representative of the Festival, the identity or identities of any specific reviewers of the Project. Users understand that, while it is not possible to delete a Critique, they do have the option to Disable Critiques and Unlist their video, if they so desire.
IndieWise is not responsible for, or obligated to provide any form of distribution, beyond its own platform.
IndieWise is not obligated to provide any form of payment or royalties to any User at any time, for any purpose regarding participation in IndieWise. IndieWise is merely a platform for Users to submit their Project for exposure, feedback, and the viewing pleasure of audiences.
COPYRIGHT, TRADEMARK, LEGAL, & INTELLECTUAL PROPERTY GUIDELINES
User agrees to indemnify and hold harmless IndieWise, should any Submission or Project violate ANY laws of ANY country or the United States, including, but not limited to those regarding property rights such as copyrights, distribution rights violations, false statements
submitted on applications, bullying, criminal activities or offenses, and any other illegality propounded on the Festival as a result of the User submission. See Paragraph 10 below as also an extension of this Paragraph.
User agrees to use IndieWise Services and Deliverables in full compliance with all laws, requirements, and regulations at all times; and will may not maliciously use, upload viruses, attempt to circumvent the security procedures, hack, or otherwise violate the stability, security, and privacy of the website or the users of the websites or their systems.
It is the sole responsibility of the User to secure authorization and permission from copyright owner(s) of any and all copyrighted content or materials included within the submitted Project. IndieWise expressly disavows any responsibility for, and will not be held responsible for, any unauthorized inclusion of any copyrighted content or materials within or relating to submitted Project, including any content materials that are or may become the basis for any third party claims for copyright infringement. The Festival reserves the right to disqualify, without refund of any or all service fees previously collected from the User, any Project with any unauthorized inclusion of copyrighted content or materials. In the event that any claim, dispute, action or proceeding shall be brought or asserted by any person or entity that alleges the Project makes unauthorized or unlawful use of any copyrighted content or material, User shall fully indemnify and hold harmless IndieWise, and each of their representatives and affiliates from any liability in connection therewith, and from any fees and expenses, including but not limited to attorneys’ fees, that may incur in connection therewith. The statements in this Paragraph regarding liability and costs also are in full force and effect for Paragraph 7 above.
It is the sole responsibility of the User to secure authorization and permission from the Project/Copyright/Trademark Owners of any and all trademarked content or materials included within the submitted Project. The Festival expressly disavows any responsibility for, and will not be held responsible for, any unauthorized inclusion of any trademarked content or materials within or relating to submitted Project, including any content materials that are or may become the basis for any third party claims for trademark infringement, trademark dilution or unfair competition. IndieWise reserves the right to disqualify or remove, without refund of any or all service fees previously collected from the User, any Project with any unauthorized inclusion of trademarked content or materials. In the event that any claim, dispute, action or proceeding shall be brought or asserted by any person or entity that alleges the Project makes unauthorized or unlawful use of any trademarked content or material, User shall fully indemnify and hold harmless IndieWise, and each of their representatives and affiliates from any liability in connection therewith and from any fees and expenses, including but not limited to attorneys’ fees, that any of them may incur in connection therewith.
It is the sole responsibility of the User to clear all content of the Project from any and all actual or potential legal claims or issues, including, without limitation, claims based upon theories or libel, defamation, slander, invasion of privacy, violation of rights or publicity,
theft or trade secrets, breach of confidence, breach of confidential relationship, and breach of expressed or implied contract (“Third Party Claim(s)”). IndieWise expressly disavows any responsibility for, and will not be held responsible for, any unauthorized inclusion of any trademarked content or materials within or relating to submitted Project, including any content materials that are or may become the basis for any Third Party Claims based upon any of the foregoing legal theories or others. IndieWise reserves the right to disqualify or remove, without refund of any or all service fees previously collected from the User, any Project that is or may become the subject of any Third Party Claims. In the event that any Third Party Claim(s) shall be asserted by any person or entity, User shall fully indemnify and hold harmless IndieWise, and each of their representatives and affiliates from any liability in connection therewith and from any fees and expenses, including but not limited to attorneys’ fees, that any of them may incur in connection therewith.
1. Users submitting Projects that contain significant non-English spoken dialogue must provide on-screen English subtitles. Music videos do not have to meet this criteria but all other works must meet this criteria. Documentaries that have English voice translation within do not have to contain this English sub-titling as well, so long as some type of translation is provided by voice. The Festival reserves the right to disqualify or remove, without refund of any or all service fees previously collected from the User, any Project that contains significant non-English spoken dialogue that does not include proper on- screen English subtitles.
INDIEWISE NOMINATIONS / AWARDS
Regarding IndieWise Nominations / Awards, User understands that, upon getting 5 or more nominations for the exact same award, they are eligible to be awarded with a Win in that particular category, and will receive an e-mail notification, with Subject: “You’ve won an IndieWise Award! (Unofficial)”, alerting them of their pending Win. For eg. Best Director, etc. User understands that they need to reply to the notification e-mail, in order to confirm receipt, within 30 days in order to maintain eligibility. Furthermore, IndieWise reserves the right to verify and confirm that the nominations came from legitimate IndieWise User accounts and that all 5 Users were indeed different individuals, not including said User. If any of the nominations are found to be illegitimate, IndieWise reserves the right to revoke the said Award from the User and their respective User Profile. User understands that repeated offenses as such, may result in being banned from IndieWise. Illegitimate nominations include, but are not limited to, bogus accounts created by the same User, fake accounts, fake e-mail addresses, bots, accounts not associated with IndieWise. On the other hand, upon the successful verification of the legitimacy of the nominations, the User should be provided with the Official IndieWise Laurel via e-mail within 48 hours. However, IndieWise is held harmless for any failure to verify the legitimacy of nominations or failure to detect illegitimate nominations, as well as failure to send the Official IndieWise Laural within the aforementioned 48 hours. Furthermore, a Win in a particular category,
as aforementioned, is not exclusive to any particular User or Project, and any Project that meets the same number of 5 nominations in a given category, is also eligible for the such an Award. IndieWise reserves the right to adjust the criteria for obtaining an Award at its own will and discretion, and with or without notice, at any time. IndieWise is not held responsible for any bounced emails or failure to send emails with Official IndieWise Laurels or other prizes or awards. Indiewise is not held responsible for any misrepresentation of what the awards, laurels, or other prizes represent.
User understands that they may not critique their own work, or nominate themselves for any awards, due to conflict of interests and usual bias. User agrees to adhere to this rule without challenge. However, User may indeed post Reaction Emoticons to their own videos.
MATURE OR INAPPROPRIATE / PROHIBITED CONTENT
User agrees to not upload any content that is pornographic, racially or culturally offensive, excessively violent, of a bullying nature, directly harmful to any individual, copyright infringement, spam, and/or unlawful in any matter. IndieWise reserves the right to remove any such content aforementioned. IndieWise is held harmless for failure to detect or remove such content, although it is our goal to have this done expeditiously.
User expressly agrees to Select the “Contains Mature Content” Option on the Upload Page, at the time of Uploading, any content that is inappropriate for General Audiences (those under 15). This includes, but is not limited to content that contains: Violence, Strong Language, Thematic Elements, Sexual Content, Nudity, Gore, Disturbing Images, or content thought inappropriate for a General Audience from the perspective of a reasonable individual.
UNLISTING AND PUBLICIZING VIDEOS
1. User understands that, although the default setting for Uploading a video is “Public” they may choose to “Unlist” a video at their own discretion, during the Upload process. By unlisting a video, that video will not be public or present on the Homepage, Browse Page, Latest Page, or any page on the IndieWise website. The video will be present only on that uploader’s profile page, and labeled as Unlisted. The unlisted video should only be able to be viewed by those who the uploader shares that Video’s URL with directly, or using other sharing functions and means. Furthermore, user has the option to change a video from Unlisted, to Public, and vice versa. User agrees that IndieWise is to be held harmless for any of the following, including but not limited to: the User’s accidental listing or unlisting of a video or similar content, any browser or site programming issues that cause the unlist feature(s), or any features of the site, to malfunction. IndieWise is indemnified and held harmless from any and all unintended results that happen or are experienced by site users, visitors, or third parties on account of: ignorance, programming issues, mistakes, human error, labeling connotations or misinterpretations
of the meaning or functionality of a particular feature or features or the overall website generally.
LIMITED LICENSE TO USE
1. The User shall not acquire any intellectual property rights under this Terms and Conditions Agreement, except the limited right to use as set forth above. The User acknowledges that, as between IndieWise and said User, all information, programming code, all related copyrights, and all other intellectual property rights, are (and at all times will be) the property of IndieWise. This also applies if suggestions, comments, and/or ideas made by the User are incorporated into IndieWise during the period of this Agreement. IndieWise reserves the right to review all communication through the website between Users, Participant, Advertisers, and so forth.
1. User agrees to indemnify, defend, and hold IndieWise, its officers, shareholders, directors, managers, and employees harmless from any claim, demand, action, liabilities, costs and expenses, losses or damages, including reasonable attorney's fees, brought by a third party against IndieWise, arising out of, relating to, or resulting from (A) your use of the Website, Mobile App, or services provided by IndieWise; (B) any and all payment obligations incurred through the use of IndieWise, or your failure to pay any invoice or dispute of any payment; (C) your decision to submit personal financial information or credit card information through IndieWise; (D) your decision to submit projects, extend or accept offers from service providers; (E) any claims or breach of contract made by service providers which you worked with through IndieWise; (F) any claims or liabilities related to the payment and reporting of taxes for any payments made through the IndieWise; (g) your breach of this Agreement; or (h) any intentional wrongdoing by any other user on IndieWise with whom you interacted. User releases all liability and agrees to hold IndieWise harmless from any losses, claims, or other damage whatsoever, of every kind and nature, arising out of or in any way related to Customer’s collection, processing, use, or transfer of Participant’s Personally Identifiable Information, including, but not limited to a person’s name, address, email, birthday, age, gender, phone number, and credit card number.
1. All Order costs and other amounts payable to IndieWise are net of taxes and are payable in full to IndieWise without deduction. Customer shall be solely responsible for all taxes including sales, use, ad valorem, excise, privilege, and other taxes, withholdings, VAT, tariffs, duties or any other governmental assessments, however
designated. Customer shall reimburse IndieWise immediately in the event of payment thereof by IndieWise. In the event that IndieWise is required by a taxing jurisdiction to collect sales tax directly, such taxes will be separately stately on any invoices or Order forms and included as a distinct line item labeled “Sales Tax”.
IndieWise is provided "as-is" and "as available" without any express or implied warranties including, without limitation, warranties of merchantability, non-infringement, and fitness for a particular purpose. IndieWise tries to keep the website safe, secure, bug-free, and available, but we do not guarantee that the IndieWise website will be safe, secure, available, or bug-free. You use the website at your own risk. IndieWise does not warrant or guarantee the quality, reliability, accuracy, availability and security of the indieWise website, or content on the website.
The IndieWise website is developed and controlled in North America. We do not guarantee that the website is available or suitable in other jurisdictions and those that access the site from other jurisdictions do so at their own risk and are solely responsible to comply with all applicable laws.
Any website links mentioned in these Terms and Conditions or the IndieWise website are provided for the good-faith reason of being helpful. Any mistakes in these links, programming issues interrupting them, or invalidity of them on account of becoming outdated, is not the responsibility of IndieWise and IndieWise is held harmless for any damages that may occur as a result of this.
The captions and bold paragraph headings included in this Agreement are for convenience only and shall not be given any legal or contractual effect.
LIMITATION OF LIABILITY
You agree that in no event shall IndieWise or our third party service providers be liable to you or any other member for any incidental, special, indirect, consequential or punitive damages whatsoever, including but not limited to, loss of business opportunities, loss of distribution opportunities, loss of profits, disclosure of confidential information, loss of privacy, or loss of goodwill, arising out of or related to your use of the IndieWise website or service, even if IndieWise has been advised of the possibility of such damages.
Notwithstanding anything to the contrary, IndieWise’s aggregate liability to you for any cause or claim related to the IndieWise website or service will at all times not exceed the total service fees paid by you to IndieWise during the three (3) month period immediately preceding the determination of liability. IndieWise’s liability shall at all times be limited to the full extent permitted by applicable law.
RELEASE OF LIABILITY FROM DAMAGES
In the event that you have a dispute with another party on IndieWise, you affirmatively agree to hold IndieWise, and our officers, directors, managers, and employees, harmless from any losses, claims, or other damage whatsoever, whether actual or consequential, of every kind and nature, arising out of or in any way related to such dispute.
You expressly waive Section 1542 of the California Civil Code, and any similar law in any other jurisdiction, which provides that: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release which if known by him must have materially affected his settlement with the debtor."
1. In any legal action between the User and IndieWise concerning this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees and costs.
1. This Agreement is a complete and exclusive statement of the entire agreement between you and IndieWise concerning the Website / Mobile App. If any portion of this Agreement is found to be illegal or unenforceable, neither the validity nor enforceability of the remainder of the Agreement shall be affected. The failure of IndieWise to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights. Furthermore, this agreement supersedes any and all previous agreements between User and IndieWise
These terms and conditions and any such legalities resulting are governed by the law of either the Bahamas or Delaware, at the exclusive choice of IndieWise. Any and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by such laws
You consent to the exclusive jurisdiction and venue of the federal and state courts located in the aforementioned in any action arising out of or relating to this Agreement. You waive any objection you might have to jurisdiction or venue of such forums or that the forum is inconvenient. You agree not to bring any such action in any other jurisdiction or venue to which either party might be entitled by domicile or otherwise.
You may not assign or transfer all or any part of your rights under this Agreement without the express written consent of IndieWise.
Notwithstanding anything to the contrary, the following sections survive any termination of this Agreement indefinitely:
LIMITATION OF LIABILITY
RELEASE OF LIABILITY FROM DAMAGES
SUBMISSION CATEGORIES & ELIGIBILITY REQUIREMENTS
Projects submitted to IndieWise may submit in one of twelve (12) submission categories. The Festival reserves the right to determine eligibility of any Project for any submission category. Festival reserves the right to re-classify the Project and its category or disqualify for improper category selection. The following is a description of each submission category:
Feature Narrative Films
Short Narrative Films
Web Series/Reality Show Pilots
Screenplays Feature Documentaries
COMMERCIALS AND ADVERTISEMENTS
1. For this type of content, you would be required to purchase a Featured Listing, Ad Space, or HotSpot. See Table 1.1 on Page 3