Conditions of Participating

Conditions of Participation

HOWLONGISNOW-Project from Noemi Schneider
 
By submitting to this site, the participant agrees to the following conditions:
 
§ 1 Subject of the contract: 
The artist Noemi Schneider (in the following called “the artist”) provides the possibility for submission to everyone, to upload 3-second films created by oneself to the website http://howlongisnow-project.org 
within a non-commercial art project supported by public funds.
The artist creates a platform with this website, where everyone can stream the uploaded 3 second films with a single click. Therefore the participants can present their works as filmmakers. The artist will make a selection from the submitted films, which will be used in the objective multimedia-based room installation "HOW LONG IS NOW" in Munich in October 2011. The names of the selected participants will be published on http://howlongisnow-project.org in the beginning of July 2011. The selected 3 second films will be documented and the audio tracks will be mixed together to create a sound collage.
 
§ 2 Uploading requirements for video files:
The video file has to:
  • be submitted with the upload-form on http://howlongisnow-project.org,
  • last 3 seconds,
  • be tested for viruses, be virus-free and be free of other damaging programs.
The uploading participant undertakes to supply personal data that is truthful. He guarantees that he is of full age in his country of citizenship, and that he is able to dispose freely and solely of his submission. Furthermore he agrees that his submission on http://howlongisnow-project.org is published under his full name. His IP-adress will be saved by the submission of his film. All data will be erased when they are not necessary anymore.
 
§ 3 Ownership of rights, indemnification:
The participant guarantees
  • that he created his submission by himself and that it is not an illegal adaptation of works or performances of third parties,
  • that the footage is wholly owned by him and that he is solely authorized to grant the licence according to § 5 and that he didn’t and won’t dispose otherwise,
  • that his submission doesn’t violate the law and doesn’t infringe on the rights of third parties, in particular copyrights, ancillary copyrights, trademark rights and/or personal rights,
  • that his submission doesn’t contain or cite music, trademarks, titles or works of third parties – also not in excerpts of industrial recordings or –data mediums, audio files etc., in particular of members of the copyright collectives (e.g. GEMA, BMI, ASCAP. SACEM, SIAE, PRS for Music, SGAE), and
  • that his submission doesn’t contain or cite works of third parties protected by copyright or ancillary copyrights.
The artist is entitled but not obliged to examine the submitted film for possible rights violations. The participant is solely responsible for the content of the submitted film. The artist explicitly doesn’t adopt the submissions as her own. If the artist takes notice of possible rights violations, she will remove the concerning film from the website immediately and completely and stop every use and publication – also by third parties – immediately. The artist is entitled to this also when the claimed rights violation has not been verified. The participant shall indemnify and hold harmless the artist from and against any (and all) claims or legal proceedings brought by third parties arising out of the infringement of rights because of his submission.
 
§ 4 Use of the submissions:
The submitted films are published on http://howlongisnow-project.org in a so called “presence gallery”.
After the submission period from January 12th 2011 through June 30th 2011 the artist will make a selection of at least 200 from the submitted films. The decision for or against a submission depends soley on the artistic vision of the artist. Her decision is ultimate.
The names of the selected participants will be published on http://howlongisnow-project.org in the beginning of July 2011. The selected submissions will be transfered to 35mm film and will be presented at the objective room installation "HOW LONG IS NOW" in Munich in October 2011. A sound collage will be created using the audio tracks of the selected submissions, which will be played during the installation.
 
§ 5 Licence:
The participant grants the artist Noemi Schneider at no charge the following non-exclusive licence unrestricted by time, place (i.e. worldwide and in the universe), or content for solely non-commercial use:
  • to provide the submission in the internet and in particular at http://howlongisnow-project.org for download and live streaming,
  • to show the submission publicly in whole or in parts or in combination with other submissions,
  • to edit the submission under protection of copyrights and personal rights,
  • to broadcast the submission through television, satellite, cable television or similar technical means including cable retransmission, DBS and/or other kinds of distribution or media or similar technical devices (broadcasting right),
  • to reproduce and distribute the submission especially in the form of DVDs,
  • to licence these rights in whole or in parts to third parties.
The participant remains the owner of the granted rights next to the artist as a licencee. Therefore he can further use, exploit and licence his film to third parties as desired. He notices, that the artist runs this project as a film student, that it’s about the artistic creation of a “presence gallery”, in which she provides a platform, where also the participant can self-actualize as an artist. The artist doesn’t demand entrance fees or other payments – neither for the consumption of or uploading to the website, nor for visiting the room installation in October 2011 in Munich. Thus the participant declares explicitly, that he considers the licence free of charge as adequate.
 
§ 6 Exclusion of liability an obligations:
The artist is explicitly not obligated to use the submitted film according to §§ 4 and 5. She is not liable for the functional capability and the availability of the website http://howlongisnow-project.org. Moreover the liability of the artist is limited to intention and gross negligence, unless there are damages to life, limb or health.
 
§ 7 Choice of law, court of jurisdiction:
Contractual legal relationships between the participant and the artist will be governed by the laws of Germany, excluding the application of its conflict of law rules. To the extent permitted, the parties consent to the personal and exclusive jurisdiction and venue of the court located in Munich, Germany.
 
§ 8 Final provisions:
If any one or more provisions contained in these conditions are held by any court or tribunal to be invalid, illegal, or otherwise unenforceable, each and every other provision shall remain in full force and effect. Instead of the invalid provisions, those shall become valid which are suitable to achieve the desired economic purpose, taking the interests of both parties into account. The same shall apply analogously for gaps in the contract.