Terms of Use

Last Modified:

January 11, 2008

THE 1 SECOND FILM's TERMS OF USE

the1secondfilm.com is an online community of individuals from across the world (herein referred to as “Producers”) working together to create a non-profit film that makes a difference. The 1 Second Film is overseen by our non-profit organization, The Collaboration Foundation. The 1 Second Film's Terms of Use incorporate our Privacy Policy, and our Sharing Policy, which governs the use of content and Intellectual Property. These terms are designed to create a safe and open creative environment for all of our producers to collaborate while respecting individual privacy. These ‘Terms of Use’ also set forth legally binding terms of your use of the1secondfilm.com (herein referred to as our “Site”), whether you are a Visitor or our Producer. We may change or modify these Term points in the future; any changes will be announced on our site and will be effective upon posting. Any use of our Site after said posting results in your consent to modifications. Any material changes to this agreement will be announced on our production blog or e-mailed to our producers.

PRODUCER PROFILES

As our Producer, you can create a Producer Profile that displays personal information of your choosing. This information is used to allow our Producers to participate in our production and collaborate with one another. You can also use your profile to upload content that can be used as part of our film. These terms outline how profiles may or may not be used.

ELIGIBILITY

By agreeing to these terms or by using the Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the provisions set forth herein. Use of the Site is void where prohibited.

CREDIT GUIDELINES

The following Guidelines will apply to all Producer Credits.

1. Producer credits will be listed in the order of amount donated (and then alphabetically). The final size, placement, and length of time each credit appears on screen may vary and will be determined by the director of The 1 Second Film.

2. Each credit must have a unique and valid e-mail in order to have a Producer Profile.

3. Producers can not assume the identity of other real people. We allow individuals to donate in the names of friends that they know personally- please see the rules regarding gift credits for further details. Also, producers are free to use a pseudonym or a business name so long as it is not in violation of a trademark, and so long as it does not assume the identity of a real person. For instance, we prohibit posting the picture of a real person who is not you as if to pretend to be that person, or submitting bio information of a real person who is not you. Also, there can be no celebrity impersonators.

5. We reserve the right to remove or edit any producer name or posting and to terminate any producer profile without notice at our sole discretion.

6. Money paid is a donation to our non-profit production. Producers will receive no financial return; profits will be donated to charity. The 1 Second Foundation will oversee accounting and budget considerations.

7. You grant THE 1 SECOND FILM a gratis royalty free right to use your name and likeness to promote The 1 Second Film in perpetuity and in all mediums. Read our full privacy policy.

8. You assume full responsibility and liability for the conduct of any producer credit that you initiate. It is your responsibility to not share your password, and to make sure content posted to your account falls within these terms.

9. No Refunds

As a general policy, we do not refund donations. Donations finance our non-profit production and should be given freely without expectation. Our credits are meant as a way of thanking those who donate, and should not be considered a product that is sold, or a promise that is made. We will make our best effort to credit everyone correctly.

10. Name Removal

If you decide to withdraw your support from this film, your name can be removed from our website at any time. Just contact us with your account details. Names can only be removed from our film (which is separate from our website) if notice is given within 30 days after we stop accepting donations. This is to allow us time to remove names before we begin post-production. 30 days after we stop accepting donations, names can not be removed or edited in the film; we will only be able to remove names from our online listing.

11. Errors and Emissions

The 1 Second Film will make a best effort to credit all our producers correctly, however, due to the scope of this project, we can not be held liable for any errors or emissions. It is your responsibility to monitor your producer credit and to notify us of any spelling mistakes or errors; we will make our best efforts to correct any errors before our film is completed.

12. Creative Input

Producers can submit content that may be included in our film. Producers are also free to make suggestions in our producer forum, keep a production blog, and to comment on content posted on our site. However, our Producers will not get to see a finished cut of the film before it is released. Producers understand that final creative control (A.K.A. 'final cut') of the film will be made by the director.

TERM

This agreement will remain in full force and effect for as long as you use the Site. You may ask to remove your Producer Profile from the Site and/or our film’s Credits by contacting us. We have the authority to remove your Profile from the Site at any time, without warning. Even after your removal, this Agreement will remain in effect.

NON-COMMERCIAL USE BY PRODUCERS

This Site is for the express personal use of our Producers and may not be used in connection with any commercial endeavors without the written consent of The 1 Second Film or The Collaboration Foundation. You may not copy, transfer, or use any names, photos, links, text, data, or other content belonging to or posted by The 1 Second Film or our Producers for the purpose of selling, engaging in, marketing, or promoting any other product or service. Illegal and/or unauthorized uses of the Site, including collecting usernames, e-mail addresses, or other personally identifiable information of Producers by electronic or other means for the purpose of sending unsolicited e-mail, unauthorized framing of or linking to the Site, will be investigated, and appropriate legal action will be taken.

THE 1 SECOND FILM's CREATIVE COMMONS LICENSE.

The permitted and prohibited use of content and Intellectual Property posted on our Site is governed by our Sharing Policy, which is incorporated into this Agreement by this reference. The majority of our content is licensed under a Creative Commons Attribution-Noncommercial-Share Alike 3.0 License. However, some material (our 12 Frames of Animation) is licensed under a full copyright, with all rights reserved. You may not post, distribute, or reproduce any of the copyrighted material, or other proprietary information owned by The 1 Second Film and/or The Collaboration Foundation without express written consent. Our Trademarked logo may be used as described in our Sharing Policy.

Unless otherwise noted on this site, all content created, authored, posted, or offered by our Site is licensed under a Creative Commons Attribution-NonCommercial-Share Alike 3.0 License.

CONTENT SUBMITTED FOR INCLUSION OR MADE AVAILABLE ON OUR SITE

Our Site allows you to share pictures, texts, or other content ("Content") with our Producers by uploading your Content to our Site, or by embedding content posted on another site into our site. Because you own that Content, we need to license certain rights from you so that we can use it in our film, promos, presentations, etc.

License Grants. When you post your own copyrightable Content on or through the Service, you retain ownership of any copyright you claim to your submitted Content. However, by posting your Content through our Site you grant THE 1 SECOND FILM and THE COLLABORATION FOUNDATION a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to (i) use, reproduce, publish, edit, translate, modify, adapt, distribute, publicly perform, and publicly display the Content alone or as part of other works in any form, media, or technology whether now known or later developed, and to (ii)
freely and fully sublicense such rights through single or multiple tiers of sublicensees.

You also expressly acknowledge and agree that THE 1 SECOND FILM shall have the right to grant a Creative Commons Attribution-NonCommercial-Share Alike 3.0 License ("CC License"), available at http://creativecommons.org/licenses/by-nc-sa/3.0/, for all Content posted on or through our Site, including Content you post on or through the1secondfilm.com, as well as all content mailed to us by you. In cases where THE 1 SECOND FILM licenses Content through a CC License, you agree that any attribution required under the CC License shall be at minimum to our Site, in addition to attribution to the Producer name associated with the Content.

Links to Other Sites and Resources

The Service contains links to other websites or resources. THE 1 SECOND FILM has no control over such external sites and resources. You agree that (i) THE 1 SECOND FILM is not responsible for the availability or accuracy of such external sites and resources, and (ii) THE 1 SECOND FILM does not endorse nor is it responsible or liable for any Content, advertising, products, or materials on or available from such external sites and resources.

Inappropriate Member-Submitted Content.

THE 1 SECOND FILM prohibits certain conduct and Content described above and, without obligation, will use reasonable efforts to eliminate such conduct and Content. Nevertheless, you acknowledge and agree that (i) THE 1 SECOND FILM is not and cannot be responsible for Content posted by users, visitors, or members of the Service, (ii) you may be exposed to any such materials or Content, and (iii) you must bear all risks associated with the exposure to and/or use of any Content, including without limitation any reliance on the accuracy, completeness, or usefulness of such Content.

COPYRIGHT POLICY

We respect the intellectual property rights of others, and we ask that our website visitors do the same. It is our policy to disable access to or remove material that we believe in good faith to be infringing on a copyrighted work. We also disable and/or terminate the memberships of those who we believe in good faith are repeatedly infringing copyrighted works.

Our Copyright Policy has been developed in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, and is available at www.the1secondfilm.com/terms/copyright. By accepting the Terms of Use, you agree to be bound by our Copyright Policy.

CONTENT SUBMITTED BY PRODUCERS

By submitting material (PHOTOS, TEXT, VIDEO, AUDIO, etc.) to The 1 Second Film (either online through our Site or by mail), you grant The 1 Second Film and The Collaboration Foundation a perpetual, royalty-free license to use, reproduce, modify, publish, distribute, and otherwise exercise all copyright and publicity rights with respect to submitted content at The 1 Second Film's sole discretion, including storing it on The 1 Second Film servers and incorporating it in other works in any media now known or later developed including without limitation published books, film, television, DVDs, and promotional materials.

If you do not wish to grant The 1 Second Film these rights, it is suggested that you do not submit materials or information to this website. The 1 Second Film reserves the right to select, edit and arrange submissions, and to remove information from the The 1 Second Film website at any time at its sole discretion.

PROHIBITED CONTENT/ACTIVITY

Below is a list of the types of behavior that is illegal and/or prohibited on this Site.

1. Being patently offensive to our online community.

2. Harassing any other Producer.

3. Spams, chain-letters, junk mails, or any unsolicited communication

4. Promoting information that you know is false, incriminating, threatening, obscene, or construed as negative and inflammatory towards this Site and other Producers

5. Displaying pornographic, sexually explicit, or obscene content.

6. Soliciting personal information from our Producers for commercial or unlawful purposes

7. Posting trademarked or copyrighted material that you do not own the rights to, including music, video, text, or photos.

8. We reserve the right to reclaim usernames (and/or crew/producer names) on behalf of businesses or individuals that hold legal claim or trademark on those usernames (and/or crew/producer names).

The above list is by no means complete, but hopefully you get the idea. Prohibited activity can result in the immediate termination of your Profile on our Site.

RESTRICTIONS ON YOUR USE OF THE WEBSITE

You must use the Site within the confines of all applicable laws and regulations. Although we cannot monitor the conduct of our Producers offline, it is a violation to use information obtained from the site to harass, abuse or harm another Producer.

PRODUCER DISPUTES

You are solely responsible for your interactions with other Producers. We reserve the right, although under no obligation, to monitor and/or resolve any dispute between two or more Producers. Furthermore we reserve the right to take action to resolve a dispute, consistent with the terms of this Agreement, which can include terminating the profile of one or more Producers.

PRIVACY

Use of this site is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

DISCLAIMERS

The 1 Second Film and The Collaboration Foundation will not be responsible for any incorrect or inaccurate information or content posted on the Site or in connection with us, our Producers, or by any of the programming associated with or utilized in the operation of this Site. We are not responsible for the conduct of any of our Producers, whether online or offline. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s use of the Site, any content posted by our Producers, or any interactions between our Producers, whether online or offline.

LIMITATIONS ON LIABILITY

In no event shall The 1 Second Film and/or The Collaboration Foundation be held liable to you or anyone else for any indirect, consequential, exemplary, incidental, special or punitive damages. Not withstanding anything stated previously in this Agreement, The 1 Second Film and/or The Collaboration Foundation will at all times only be liable for the amount you donated to The 1 Second Film.

DISPUTES

If there is any dispute involving you and the Site, you agree that the dispute shall be governed by the laws of California without regard to conflict of law provisions. You also agree to exclusive personal jurisdiction and venue in the state and federal courts located in Los Angeles, California for the resolution of said dispute.

INDEMNITY

You agree to indemnify and hold The 1 Second Film and The Collaboration Foundation, its subsidiaries, affiliates, officers, agents, employees, and any corporate sponsors harmless of any loss, liability, claim, or demand, including reasonable attorney fees arising out of or relating to your use of the Site in violation this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations or warranties as defined by this Agreement.

OTHER

By becoming a Producer and building a Profile on this Site, you have agreed to the terms set forth in this Agreement. This Agreement, together with our Privacy Policy, along with any updates that are not included in these two notices but posted prominently, constitutes the entire Agreement between you and the Site. The failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates under all applicable laws as governed by the U.S and the state of California. If any portion of this Agreement is found to be invalid or unenforceable, the remaining sections are not affected by this discrepancy and remain fully enforceable.

PLEASE CONTACT US WITH ANY QUESTIONS REGARDING THIS AGREEMENT.

PG-13 RATING

Our film will likely be rated PG or PG-13 as our documentary may contain mild adult language and situations, and the 12 frames of animation contain extremely brief nudity. If under 18, you must receive your parent or legal guardian’s permission to participate.

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