Terms and Conditions for Film Submission

Please read this Film Submission Agreement ("Agreement") carefully because it represents your legally binding agreement with us regarding your submission of your Film and your Additional Content (both defined below) to We Are Moving Stories, LLC ("we", “us” or “our”). We will use the term “Filmmaker Content” to refer to both your Film and Additional Content and we will use the term “Platform” to refer to our website located at URL: http://www.wearemovingstories.com, but the term also includes, but is not limited to, websites of our licensees, video and social media channels and distributors and those other online websites and mobile platforms we use to promote Filmmaker Content.

When you click (select) the "Submit" hypertext link to submit and transmit your questionnaires and upload your Filmmaker Content to us, you are signifying your agreement with and acceptance of all these terms and conditions. We have the right to change the terms and conditions of this Agreement any time and if, for any reason, you do not agree with the changes, you should notify us at the email address below and we will remove your Filmmaker Content from our Platform as soon as practicable after we receive your notice; however, you acknowledge and agree that to the extent Filmmaker Content remains available on the worldwide web on websites, social media channels or otherwise outside our control or ability to stop, we are not and shall not be liable to you or any other party for their continued use or display of your Filmmaker Content.

Definitions: Your ”Film” means all the creative content consisting of your trailer, teaser, and any and all audio, visual and/or audio-visual work, including still images, you submit to us, excluding your profile photo. While you will still retain ownership rights to your profile photo, you agree we can and shall consider and treat your profile photo as part of the Additional Content you submit to us and except for your continued ownership rights. “Additional Content” means the responses and information you submit to us when you complete our questionnaires, when you respond to any follow up questions or requests for additional information and any and all other content and material you submit to us, whether at our request or on your own initiative, that describes you, your Film, your career, your work or any other information relevant to you and/or your Film. Examples of Additional Content, other than the answers to specific questionnaire questions might be information about the content, the motivation or reason behind the development of the Film, its length, locations, challenges and/or similar information.

Our Platform: We have the right to discontinue the availability and/or operation of the Platform at any time, without notice to you. You understand and agree your submissions are entirely voluntary and we have no obligation to post or embed, display or otherwise use your Filmmaker Content, nor will we be responsible or liable if we choose not to do so for any reason or no reason. We know that some Filmmaker Content may be considered controversial in some jurisdictions and while we encourage innovative and cutting edge creative content, we reserve the right, in our sole determination and discretion, to reject, remove or limit promotion of your Filmmaker Content to comply with applicable law, regulation and/or to avoid the display or promotion of content that is considered abusive, defamatory, obscene, pornographic, in violation of copyright, trademark or other intellectual property rights, or in violation of this Agreement. If we receive notice of any claim of infringement that satisfies specific legal requirements, such as notice and takedown requirements under U.S. copyright law (See Section 4 below), we may remove the Filmmaker Content associated with such claim. We also reserve the right to provide information to law enforcement officials, governmental agencies and pursuant to judicial or regulatory compulsion, to comply with any legal, regulatory, audit and compliance obligations that apply to us.

Your Continued Ownership of the Film & Your Grant of Rights to Us: In consideration of our willingness to display, promote or otherwise accept, receive and use your Filmmaker Content under the terms and conditions of this Agreement, you agree to be bound by and comply with all the terms and conditions in this Agreement and grant us the following rights:

With respect to the Film (including your profile photo), you retain all of the ownership and other rights, title and interest in and to your Film and your submission does not transfer any of your ownership rights to us or anyone else. However, by submitting your Film to us, you are granting us a nonexclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty free right, license, authorization and permission, to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, adapt, reformat and otherwise enable the promotion of your Film on our Platform, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed or discovered, in whole or in part, without accounting, notification or other obligation to you, and the right to license and sub-license and authorize others to exercise any of the rights granted to us, in our sole discretion.

With respect to the Additional Content, you agree that all of the Additional Content you submit to us represents commissioned works, works made-for-hire and/or work made in the course of services by preparing the material we requested. Consequently, we acknowledge and agree that, except for your profile photo, we will own all rights, title and interest and the exclusive right to register, record, protect and enforce our rights. If, for any reason, full and exclusive ownership rights in any Additional Content do not automatically or immediately vest with us, you hereby unconditionally and irrevocably assign, transfer and convey such rights applicable to the Additional Content, to us. That said, we grant you a nonexclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty free right, license, authorization and permission to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, adapt, reformat and otherwise use your Additional Content in association with the promotion of your Film, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed or discovered, in whole or in part, without accounting, notification or other obligation to you. You agree that in exercising your rights to the Additional Content granted to you hereunder you will not do so in a manner that denigrates, tarnishes or impugns the integrity, goodwill, reputation or operation of our Platform or misrepresents your Film or your submission of Filmmaker Content in any way.

You understand, acknowledge and agree that once you submit or attempt to submit Filmmaker Content to us, you shall have no right to prohibit, restrict, revoke or terminate any of the rights granted to us. You are not entitled to and you will not receive any compensation or other consideration for Filmmaker Content or any use made of your Filmmaker Content once submitted to us.

We reserve the right to sell advertising and otherwise exploit, benefit from and/or realize revenue from the conduct and operation of our Platform and our business, without accounting, obligation or liability to you, notwithstanding that your Filmmaker Content may be displayed and used by us as described in this Agreement.

Representations & Warranties: When you submit any Filmmaker Content to us, whether in whole or in part, you are representing and warranting to us that:

You are an adult in the jurisdiction in which you legally reside and are capable of entering into binding agreements such as this Agreement and you have the full right and authority to submit Filmmaker Content to us and grant us all the rights to use Filmmaker Content that are described in this Agreement, free of any and all claims, demands, restrictions or encumbrances (or, if you are acting as an officer, director, manager, owner, partner or employee of an organization, including any company created to develop and produce the Film, that you have full legal authority to bind that employer or entity);

The Filmmaker Content you submit to us is original and owned by you and you have all rights necessary to submit the Filmmaker Content and grant us the rights described in this Agreement and/or if you do not own all or any part of the Filmmaker Content you submit to us, that you have all necessary authorizations, permissions, approvals, consents, rights and licenses from the owner(s) to enter into this Agreement, to comply with all of these terms and conditions and grant us the rights described in this Agreement;

You will not do or fail to do, act or fail to take any action, that would cause any of the rights granted to us with respect to Filmmaker Content to lapse, be impaired or adversely affected in any way or that would interfere with your ability to comply with all of the terms and conditions in this Agreement;

You are solely responsible and liable for your Filmmaker Content, your communications and other submissions made under your name and with respect to any Additional Content you submit to us, such Additional Content is true, correct, complete and current;

Neither your Film or your Additional Content violates this Agreement, any rights of any other party, any other agreements or obligations by which you may be bound, any law or regulation, or infringes upon or misappropriates any intellectual property, privacy, publicity or other rights of any party.

Indemnity & Release: To the extent any third party claim, demand, action, lawsuit, legal or regulatory proceeding (each, a “Claim”) is not the result of our breach of this Agreement, you agree to indemnify us against and hold us harmless from any and all damages, liabilities, losses, costs and expenses (“Damages”) we suffer or incur in connection with any and all Claims resulting or arising from or associated with your breach or violation of any of the terms and conditions of this Agreement, including the representations and warranties you make to us. In addition, you hereby release us from any and all liability or responsibility and all Claims which you or anyone claiming under or through you, may or can have in connection with Filmmaker Content, including, without limitation, any and all liability for any use or nonuse, claims for defamation, libel, slander, invasion of privacy, rights of publicity, emotional distress or economic loss.

We have the right to assign, transfer, convey, license, sub-license and otherwise transfer, sub-contract, delegate, outsource or engage third parties to assist or perform all or any portion of the rights you have granted to us, without accounting, reporting, notification or other obligation or liability to you whatsoever, now or in the future. You also forever waive and relinquish all moral rights or droit moral now or hereafter recognized in connection with Filmmaker Content and the rights granted to us hereunder.

Headings are for reference only and shall not be construed or use to affect meaning. Neither you or us will be liable for consequential, indirect, special, exemplary or punitive damages, regardless of the form of action or basis of the claim. This is the entire agreement between you and us regarding the Platform, Filmmaker Content, your submission and our use of Filmmaker Content and supersedes any and all other agreements, understandings or representations, written or oral.

Questions, notices or other requests in connection with this Agreement or our Platform should be addressed to:

We Are Moving Stories at cabaranowska@protonmail.com

PRIVACY POLICY

This Privacy Policy describes what information We Are Moving Stories collects about you and why and how we use and share that information. By using our Services, you signify that you have read, understood, and agree to our collection, storage, use, and disclosure of your personal information as described in this Privacy Policy and our Terms of Service.

What is the scope of this privacy policy?

This Privacy Policy (“Policy”) applies to information obtained by us when you sign up for, use, access or otherwise interact with the We Are Moving Stories website, products, services and anywhere else where this Policy is posted (collectively, the “Services”). This Policy applies regardless of whether you access the Services using a personal computer, mobile device, or other equipment or device.  If you disagree with the terms of this Policy, please do not use the Services.  

Will this policy ever change?

We may change this Policy from time to time.  If we make changes, we will notify you by posting the updated policy above.  Use of the Services after the posted Effective Date means you accept the current version of the Policy, including any changes made prior to the posted Effective Date. If we make any material changes to this Policy, we will also notify you by email to your registered email address, by notice posted on the Services or through other appropriate communication channels. We encourage you to review the Policy whenever you use our Services to stay informed about our information practices and the choices available to you. All changes shall be effective from the date of publication unless otherwise provided.

What information is collected about/by me?

We collect personal information you provide to us in a variety of ways.  For example, you may provide us your personal information via our questionnaire and template.  Sometimes we collect personal information automatically when you interact with our services and sometimes we collect the personal information directly from you. 

Information You Provide:

We collect the following information you provide in connection with our Service:

  • Account and Profile Information. We collect personal information, such as your name, email address and any information you provide in your profile and questionnaire when you register for our Services; sign up for our mailing list; or otherwise communicate or interact with us. We use this information to create, verify, and personalize your account, to fulfill your request or transaction and to communicate with you directly,

  • We use this information to operate, maintain, and provide to you the features and functionality of the services, as well as to communicate directly with you, such as to send you email messages.   We may also send you service-related emails or messages (e.g., user account verification, change or updates to features of the services, technical and security notices) and communications from or about We Are Moving Stories.  

Information Automatically Collected When You Use Our Services:

Like most digital platforms, we collect certain personal information automatically when you visit and use our Services, including:

  • Information You May Post or Submit on the Services. We collect information about how you use the Services, your actions on the Services, and content you post to the Services. Please remember that we may, but have no obligation to, monitor, record, and store User Content in order to protect your safety or the safety of other users, to assist with regulatory or law enforcement efforts, or to protect and defend our rights and property. You consent to the recording, storage and disclosure of such communications you send or receive for these purposes.

  • Usage and Device Information.  To provide a personalized and high-quality experience for our users, we, and our third-party partners, may use various technologies that automatically record certain technical information from your browser or device when you visit our website, read our e-mails, use our Services, or otherwise engage with us.  This information is typically collected through a variety of tracking technologies, including cookies, web beacons, embedded scripts, location-identifying technologies, file information, and similar technology (collectively, “Tracking Technologies”).  We, and our third-party partners, use these Tracking Technologies to automatically collect usage and device information, such as:

  • on your mobile device settings, your geographical location data, including GPS coordinates (e.g., latitude and/or longitude) or similar information regarding the location of your mobile device, or we may be able to approximate a device’s location by analyzing other information, like an IP address.

We may collect analytics data, or use third-party analytics tools such as Google Analytics, to help us measure traffic and usage trends for the Services and to understand more about our users by monitoring aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our website.  You can learn more about Google’s practices at http://www.google.com/policies/privacy/partners and view its currently available opt-out options at https://tools.google.com/dlpage/gaoptout.

We may also work with third-party partners to employ technologies, including the application of statistical modeling tools, which permit us to recognize and contact you across multiple devices.  

Do Not Track Signals.  Although we do our best to honor the privacy preferences of our users, we are unable to respond to Do Not Track signals set by your browser at this time.  

If you would prefer not to accept cookies, most browsers will allow you to (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii)  disable existing cookies; or (iii) set your browser to automatically reject cookies.  

Please note that not accepting cookies may negatively impact your experience using the Services, as some features and services on our Services may not work properly.  Depending on your mobile device and operating system, you may not be able to delete or block all cookies and you may not be able to block non-cookie technologies and these browser settings that block cookies may have no effect on such techniques.  You may also set your e-mail options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our e-mail and performed certain functions with it.  We and our third-party partners may also use cookies and tracking technologies for advertising purposes.  For more information about tracking technologies, please see “Third-Party Tracking and Online Advertising” below.

Information from Other Sources and Third Parties

We also obtain personal information from other sources, which we often combine with personal information we collect either automatically or directly from you.  We receive the same categories of personal information as described above from the following sources and third parties:

  • Social Networks Through Your Interactions. When you interact with our services through various social media networks, such as when you “Like” us on Facebook or when you follow us or share our content on Facebook, Twitter, Snapchat, LinkedIn, Instagram or other social networks, we may receive some information about you that you permit the social network to share with third parties.  The data we receive is dependent upon your privacy settings with the social network.  You should always review and, if necessary, adjust your privacy settings on third-party websites and social media networks.

  • Information Provided by Others. From time to time, we may receive information about you from third parties and other users. For example, we may obtain information from our marketing partners or from third parties to enhance or supplement our existing user information. We may also collect information about you that is publicly available.  We may combine this information with the information we collect from you directly.

How is my information used?

We use your information for purposes described in this Policy or as otherwise disclosed to you on our Services or in connection with our Services.  For example, we use your information to: 

  • To fulfill your requests and provide the Services to you. For example, we may use your information to publish your own individual profile page.  We may also use your information to personalize your experience with us.  

  • For marketing purposes. We may send you communications about new features, updates, products and special offers. 

  • To monitor, improve and develop our products and services.  We may use your information to understand our visitors and users and tailor our product offerings accordingly.  From time to time, we analyze statistics and trends to make our Services better and to develop new services or features.

To protect the security and integrity of our business, comply with legal requirements and obligations, or as otherwise permitted by law.  We may use information to protect our company, our affiliates, our customers, our franchisees and our websites.  We may also use information in order to comply with laws, regulations, court orders, or other legal obligations or to assist in an investigation to protect and defend our rights and property, or the rights or safety of third parties, to enforce our Terms of Service, this Policy, or agreements with third parties, to detect and prevent fraud or for crime-prevention purposes, or for any other reason permitted by law.

We may use aggregated and/or de-identified data or other data that is not personally identifiable for any purpose, including without limitation in statistical analysis to help us analyze patterns in the use of the Services.

By accessing and using the Services, you consent to our use of your information about you in the manner described in this Policy.  If you do not agree or do not consent to the use of your information in these ways, you should not use the Services.

When is my information disclosed?

By accessing and using the Services, you consent to us sharing your information under the circumstances described in this Policy.  We may share your personal information in the instances described below.   

Remember, our Services allow you to promote your profile and film. As described below, your User Content that you post to the questionnaire will be visible to other members of the Services by default when you create a profile. Please do not provide personal information in your User Content that you would not want to be public and/or visible to others.

  • The Public.  When you post user content on our services (e.g., if you post a product review on our website or comment on our social media sites), your information (e.g., your username and comments) may be displayed on our websites or on our social media pages.  When you engage with us on social media, we may tag your social media account or the social media account of others (e.g., to give photo credit to another user).  

  • Information Shared at Your Request Through Third Party Social Buttons, Widgets and Other Embedded Content. Some of our Services carry embedded content controlled by third parties for services such as social sharing, commenting and displaying video or images. When you interact with these services they may collect information from and about you and your interaction with their content, including the URL of the web page you are visiting.  This activity will be subject to the privacy policy of and your settings for the third party network or service.  Please be aware that they may track your activity, including through the use of cookies or similar technology, without you needing to interact with them. 

  • Business Transaction or Reorganization. We may take part in or be involved with a corporate business transaction, such as a merger, acquisition, joint venture, or financing or sale of company assets.  We may disclose personal information to a third-party during negotiation of, in connection with or as an asset in such a corporate business transaction.  Personal information may also be disclosed in the event of insolvency, bankruptcy, or receivership.

  • Legal Obligations and Rights.  We may disclose personal information to third parties, such as legal advisors and law enforcement: 

    • in connection with the establishment, exercise, or defense of legal claims; 

    • to comply with laws or to respond to lawful requests and legal process; 

    • to protect the rights and property of Blue Fever, our agents, customers, and others, including to enforce our agreements, policies, and Terms of Service;

    • to detect, suppress, or prevent fraud; 

    • to reduce credit risk and collect debts owed to us; 

    • to protect the health and safety of us, our customers, or any person; or 

    • as otherwise required by applicable law.

  • With Your Consent or At Your Direction. We may share information about you with third parties whenever you ask, consent to, authorize, or direct such sharing.

We may also share information with others in an aggregated or otherwise anonymized form that does not reasonably identify you directly as an individual.  This Policy does not limit our use or disclosure of aggregated or otherwise anonymized (i.e., information from which your name and any other personally identifying information has been removed) in any way, and we reserve the right to use and disclose such information to our partners, advertisers and any other third parties at our discretion.  

If you do not agree or do not consent to the disclosure of your information in any manner described above, you should not use the Services. 

How long do you keep my information?

We will hold your personal information on our systems for as long as necessary to provide the relevant Services to you or for so as long as reasonably required to satisfy the purpose for which you submitted the information.

How is my information protected?

We are committed to protecting the security of your information. We use a variety of industry-standard security technologies and procedures to help protect your information from unauthorized access, use or disclosure. These measures vary based on the sensitivity of the information that we collect. Even though we have taken significant steps to protect your information, no company, including us, can fully eliminate security risks associated with information. We cannot guarantee that our security measures will prevent every unauthorized attempt to access, use, or disclose your information.

How can I contact you?

If you have any questions or concerns in connection with this Policy or other privacy-related matters, please send an email to cabaranowska@protonmail.com